Loading...
03-10-69 MARCH 10, 1969. A regular meeting of the city Council of Delray Beach was held in the Council Chambers at 8=00 P.M., with Mayor J.-L. Saunders in the Chair, City Manager David M. Gatchel, City Attorney G. Robert Fellows, and Councilmen John L. Pitts, III, James H. Scheifley, James B. Wilson and O. F. Youngblood being present. 1. An opening Prayer was deliveredby the Rev. Carl Storey. 2. The Pledge of Ailegiance to the Flag of the United States of America was given. 3. The minutes of the regular Council meeting of February 24, 1969, were unanimously approved, on motion by Mr. Wilson and seconded by Mr. Pitts. 4. City Clerk Worthing read a letter, dated March 4, 1969, fromM rs. A. E. Lusk, Jr., an owner and resident in the New Monmouth Condominium on South Ocean Boulevard, asking if the United States Flag placed at the Beach opposite their apartment could be moved to .a location at the end of Atlantic Avenue. 4. The City Clerk read a letter from M~. Gerry Batemen, Chairman of the Jaycees 1969 Fun Day program, thanking Council for giving them the chance to put on this worthwhile project for the youth of the area. 4. City CLerk Worthing read the following letter from Mrs. Boyd Bone, dated February 24, 1969: "In the early morning hours o~ Sunday, January 19th, I found myse!f faced with a situation that wa~s very terrifying, to say the least. My husband began to have a heart attack and when I called for the emergency truck at the Fire Department, it'was already in use making a trip to the hospital. We made the trip to the hospital in our car and when we arrived there, I saw the men from the Fire Department in the emergency area. I asked t~em to help my husband into the hospital and they q~ickly ad- ministered first aid. We think this one act, alone, is what saved his life as there was a little interval of time before the doctor could give him any help. If they had not been capable men and ready to help him~ it would:have been too late. We feel those men deserve credit for the heart attack not being fa%al to him, and our gratefulness is beyond words. 'We cannot really express our appreciation for the kindness extended to us at a time when we needed help so badly, but felt we at least wanted to send a letter conveying our thankfulnes~ for the trained personnel of the Fire Department. The assist- ance they render is outstanding and we think that all other residents of the City of Delray Beach should feel as we do - that we have reason to be very proud of our Fire Department, directed by their Chief, Mr. Joe Quinn." Mayor Saunders asked that the City Manager convey the proper com- mendation to the Firemen involved in this service. 5. Mr. Pitts mentioned receiving complaints of junk cars be~ng~left on private property, and said the City ordinance concerning same enforceable and that the violations should be reported to Police Chief Croft. 6.a. Concerning a survey of lands in violation of the City's nuisance laws, presented by the City Manager, Mr. Scheifley moved that the City Clerk be instructed to proceed with the enforcement of Chapter 15 of the City Code of Ordinances, the motion being seconded by Mr. Wilson and unanimously carried. (Copy of Nuisance Survey is attached to the official copy of these~minutes.) -~- 3-10-69 See pg. 50-A. 44. 6.b. The City Managerinformed Council that due to appare~i-!fa~l'~y. construction of the revetment wall, as evidenced by tions of the wall collapsing, Murphy Construction Company,.~ ~0~ether with the City Engineer, Mr.'Mark Fleming, have determinea that repair of the said failures will necessitate, in part, the replacement 5,438 Concrete blocks, broken doWn in areas asfollows= From Station 3+73 to 7+50 1582 blocks '$ 58,531.00 " " 7+50" 1500 992 " ~'36,704.00 " " 1500" 2250 2864 " 105.968.00 Further, authorization for such negotiated contract with the Murphy Construction Company is recommended~by the adoption on this £irst and final reading, of Resolution No. 11-69, prepared by the City Attorney, and which reflects the determination of Council, in its judgment to be in the best interest of the City, to authorize such negotiation for repair of the revetment wall. RESOLUTION NO. 11-69. A RES0~UTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE NEGOTIATION AND EXECU- TION OF A CONTRACT FOR REPAIR AND REPLACEMENT OF T~ CONCRETE BLOCK REVETMENT WALL WITHOUT COMPETITIVE BIDDING. (Copy of ResolUtion No. 11-69 is attached to the official copy of these minutes.) See page 50-B. Resolution No. ll-69was unanimously passed and adopted on this first and final reading, on motion by Mr. Wilson and seconded byMr.. Pitts. It was pointed out that the contract for said work would contain.a provision that if a faiiure occurs in the newlyrepaired revetment wall, the contract will be cancelled immediately. 6.c. Concerning an offer for purchase of a small City-owned parcel of land, City Manager Gatchel. reported to Council as follows: "The BLOCK lying between S. W. 8th and 9th Avenues, adjacent to and extending southerly from Atlantic Avenue, is, for the major part there- of, unplatted. The Ci'ty owns~the South 50 feet of the east 145 feet, as is shown on a sketch presented to Council, and it will be noted therefrom that the south half of said parcel should be dedicated for S. W. 1st Street right-of-way inasmuch as said street is 50 feet wide from S. E. 2nd Avenue to S. W. 15th Avenue except where-the south 25 feet of this City-owned lot encroaches into the street right-of-way. There has been received an offer of $200.00 for the north half of this City-owned lot, which does not comprise sufficient square footage, in itself, to allow'issuance of any building permit thereon, and, therefore, is of little value to anyone except the owner of the abut- ting prOperty to the north, he being the petitioner for purchase there- of. Council may decline interest in thisoffer or direct the holding of a public auction thereon, in compliance with Charter requirements. A public auction of such property does not necessarily cause disposal of same inasmuch as Council may accept the high bid or reject all bids received." Mr. Wilson moved that said property be offered for sale at public auction, subject to no stiPulated~ price, the motion being seconded by Mr. Scheifley and unanimously carried. 6.d. Regarding a bidreceived for sidewalk construction, City Manager Gatchel reported to Council as follows: "As a result of Council's recent adoption of Resolution No. 32-68, authorizing construction of a sidewalk, five feet in width, on the north side'of N~ E. 4th Street from Swinton to N. E. 7th Avenue, a distance of approximately 1'820 feet,'BIDSwere solicited from twelve 3-10-~9 construction firms in this general area plus newspaper notice for bid so}icitation. But one bid was received, that being from R. M. Garners. of West Palm Beach who has previously done considerable and excellent sidewalk construution in the City, and is in the amount of $9,500.00. Early in January, Council e',xpressed determination to ef£ect this improvement, estimated cost of which, in the amount of $6,000., to be shared equally between the City and the abutting property owners, was set forth in a public notice, ...' .. which provided for a public hearing thereon to be held by Council in compliance with Charter requirements. Excess of bid received over the publicized estimated cost is due to drastic escalation of material and, more particularly, labor costs which were unforeseeable at time of sub- mitted cost estimate to the Council. Council pleasure pertaining tO award of contract to Mr. Garner is requested." Following discussion, Mr. Scheifley said that with no implication' or criticism, but for purposes of being more businesslike and possibly getting two bids in the future., moved that this item be tabled until a future date. The motion was seconded by Mr. ¥oungblood and carried unanimously. 6.e. Relative to providing for an annual audit, the City Manager re- ported to Council as follows: "The presentation of the A~it Report for the fiscal year ending September 30, 1968, completes.the audit agreement, dated April 24, 1967, with HIMES & HIMES, for providing the City with an annual audit by certifie~ public accountants, as is mandatory in compliance with laws of the State, as well as Charter provisions set' forth in Section 77 thereof. The thoroughness of the accounting firm's operation and the effi- ciency of its various functions while engaged in necessary detail work within the City Hall is cited only as informative data. Himes & Himes have agreed to enter into a similar two-year contract at a fixed fee of $6,800 per year. It is most unusual, not only in this'area, but throughout the land, to obtain a flat fee for such serv- ices inasmuch as over the past decade, accounting firms capable of per- forming such audits would only do so on a per diem basis with graduated, established hourly fees being charged for various classes of personnel services. Cost of the audit for the past fiscal year was $6,697.10. With the escalation of all materials and services costs throughout the nation having increased so materially, I am assured that this of- fer of Himes & Himes, on such fixed fee basis, has only been made pos- sible due to the simplicity, records availability, yet a most efficient method and mann6r of governmental and modern accounting, as exists with- in the City Hall, for which Mr. Tom Weber, the City's Director of Finance, is largely responsible. Authorization is, therefore, requested for entering into, and ex- ecution of, an agreement with Himes & Himes for providing and conduct- ing. a limited general audit for the City of Delray BeaCh for a two- year period terminating September 30, 1970, at a cost of $6,800. per year." Authorization for-execution of an agreement with Himes & Himes .for providing and conducting a limited general audit for the City of Deiray Beach for a two-year period terminating September 30, 1970, at a cost of $6,800. per year was unanimously approved, on motion by Mr. Youngblood and seconded by Mr. Wilson. 7.a. City Clerk Worthing informed Council of a request having been re- ceived for transfer of Liquor License No. 681, to Mr. C. Preston Wright, who recently acquired the Paradise Club property, located at 909 ~West Atlantic Avenue, from the Club's prior owner. Further, Mr. Wright has been investigated in the usual manner by the City's law enforcement division, as well as the State Beverage Department, and ha%lng been approved by those agencies, it is recommended that the petition for transfer of said License No. 681 be gxanted. The transfer of said Liquor License No. 681 to Mr. Wr%ght was unani- mously approved on motion by Mr. ¥oungblood and seconded by Mr. Wilson. 7.b. City Clerk Worthing informed Council that an offer hasbeen re- ceived from the owners of Lots 1 thru 10, Block 97, to dedicate the west sixteen feet of said parcels for alley right-of-way purposes. subject to the City rocking in such dedicated 16 foot alley; further, it is recommended that this request be referred to the City Manager for analysis and review with involved departments, to be followed with recommendation to Council concerning the petition.· Said offer was unanimously referred to the City Manager, as recom- mended, on motion by Mr. Wilson and seconded by Mr. Scheifley. 8.a. City Clerk Worthing presented RESOLUTION NO. 10-69 A R~SOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY. TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE- PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 10-69 and accompanying assessments are at- tached to the official copy of these minutes. ) See pages 50-C-D. Resolution No. 10-69 was unanimously passed and adopted on this first and final reading, on motion by Mr. Youngblood and seconded by Mr. Wilson. 8.b. The City Clerk presented ORDINANCE NO. 7-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO' THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY TRACT '4-A, REPLAT OF A PORTION OF HIDDEN VALLEY - SECTION TWO, WHICH LAND IS CONTIGUOUS TO EKISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 7-69 is attached to the offlci'al copy of these minutes. ) See page 50-E. A public hearing having been legally advertised in com. pliance with the laws of the State of Florida and the Charter of the City of Delray Beach was held, and there being no objection to Ordinance No. 7-69, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Scheifley and seconded' by Mr. Pitts. 8.c. The City Clerk presented ORDINANCE NO. 8-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 5, ARTICLE II, OF THE CODE OF ORDINANCES OF SAID CITY MAKING IT UNLAWFUL FOR ANY 'INDIVIDUAL OWNING OR CONTROLLING ANY DOG TO ALLOW OR PERMIT SUCH DOG TO ENTER UPON THE PROPERTY OF ANOTHER AND DAMAGE SUCH PROPERTY. (Copy of Ordinance No. 8-69 is attached to the official copy of these minutes. ) · See page 50-F. A public hearing having been Iegally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach Was held, and there being insufficient objections to Ordinance No. 8-69, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Wilson and seconded by Mr. Pitts. -4- 3-10-69 8.d. City Clerk ~'~orthing presented ORDINANCE NO. 9-69. AN. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT. 5, BLOCK 5, AMENDED PLAT OF. LAKE IDA GARDENS-, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. 1012 N.~ W. 5th Avenue (Copy of Ordinance No. 9-69 is attached to' 'the official copy of these minutes. ) See page 50-G. A public hearing having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach was held,, and there being no objection to Ordinance No. 9-69, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Scheifley and'seconded by Mr. Wilson, 8. e. The City Clerk presented' ORDINANCE NO. 14-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 21-6 (e), CHAPTER 21, CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AS HEREIN AFTER PROVIDED. (Copy of Ordinance No-~ 14-69 is attached to' the official copy of these minutes. ) See page 50-H. A public~ hearing, having been legally advertised in compliance with the laws of the State of Florida and' the Charter of the City of Delray Beach was held', and there being no objection to Ordinance No. 14-69, said Ordinance was unanimously passed and adopted on this second and final reading,~ on motion by Mr. Youngblood and seconded by Mr. Wilson. 8.f. City clerk Worthing presented ORDINANCE NO. 15~69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 17, BLocK 2, FIRST ADDITION TO DEL-RATON PARK, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAb~); AND PROVIDING FOR THE ZONING THEREOF, Ordinance No'. '15-69 was unanimously placed on first reading, on motion by Mr. Wilson and seconded by Mr. Youngblood. 8.g. The City Clerk presented ORDINANCE NO. 16-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY ' BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION 28,. TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;- REDEFINING THE BOUNDARIES OF SAID 'CITY TO INCLUDE SAID .LANDS; PROVIDING FOR THE. RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. '2225 South Ocean Boulevard Ordinanc9 No. 16-69 was unanimously placed on first reading, on motion.by Mr~ Wilson and seconded by Mr. Pitts. 9.a. Part 1~ The City Clerk informed Council that concerning the petition f~ rezoning, from R-1A~ to C-l, Lot 7 and south 25 feet of LOt 8,' seabreeze Park, referred to the Planning and Soning Board for =onsideration in the manner prescribed in the City's Code of Ordinances, said Bo~ar~, at its regular meeting held on February 18th, with one member ~e~ng absent, unanimously recommends granting the request. Hr. Scheifley moved that the Planning and ZoningBoard recommen- dation be sustained and the request granted, the motion being seconded by Hr. Wilson. Upon call of roll, Mr. Scheifley, Mr. Wilson, Mr. Youngblood and Mayor Saunders voted in favor of the motion and Hr. Pitts was opposed. 9.a. Part 2. The City Clerk informed Council that concerning the re- quest for rezoning, from R-1AA to C-1, the north 25 feet of Lot 8, of Lots 9 and 10 and the south 35.33 feet of Lot 11, Seabreeze Park, referred to the Planning and Zoning Board for p~blic hearing and recom- mendation, said Board, at its regular meeting on February 18th, with one member being absent, unanimouslyrecommends denying the request. Attorney Nell MacMillan, representing the Delray Beach National ~ank in its request~for rezoning, informed Council that the Bank em- ployees are presently using said land for parking and asked that it be rezoned as it is badly needed for parking and possiblyfor drive-in teller windows in the future. Mr. Abbott, Director of Planning, Zoning and Inspection, referred to the following portion of the Planning/Zoning Board report, dated March 4, 1969, concerning this item: "It is the understanding of the Board that the aforementioned petition is. to make possible a needed parking lot~ therefore, in additional action, the Board voted to recommend the use of an amendment to Section 29-7.4 (3) (d) of the Code of Ordinances in lieu of rezoning as the proper means to facilitate the con- struction of a parking lot. Said amendment reads: 'Parking spaces serving commercial uses must be located in the same or lower zone as the principal use. Parking in a higher zone may be allowed as a special exception, site plan approval as prescribed in Sec. 29-7.5%, and when said parking lot is not a Commercial enterprise.' This amendment is included in proposed Ordinance No. 11-69 which was placed on first reading~on February 24th, 1969." Following lengthy discussion, Mr. Scheifley moved that the recom- mendation of the Planning and Zoning Board be sustained and the peti- tion for rezoning be denied, the motion being seconded by Hr. Wilson. Upon call of roll, Mr. Pitts, Mr. Scheifley and Mr. Wilson voted in favor of the motion, and Mr. Youngblood and Mayor Saunders were op- posed. 9.b. Regarding a request for locating prefabricated Goodwill "drop stations", the City Clerk reported to Council as follows: "The Planning/Zoning Board, at its regular meeting held on February 18th, considered the request of Goodwill Industries, Inc., for permits to locate 'drop stations', otherwise called pick-up stations, referred to the Board by Council. Two members were absent, one member abstain- ed, the four remaining members voted to recommend that Council grant the request subject to the following: 1. That applicable structures be limited to placement only' within C-2 (General Commercial) districts, and 2. That such applicable structures be limited to one structure per any parking lot of not less than one hundred parking spaces. Council may deny the request of Goodwill Industries, or sustain the recommendation of the Board, granting the petition subject to ~pecified conditions and limitations." During discussion, Mr. Wilson suggested that if permission is granted for placing said "drop stations" it should be sort of a pro- visional approval whereby after a few months if they appear to be un- sightly and out of harmony with the area, the item can be reviewed and some other provision be made. Mr. Wils'on moved to sustain the recommendation of the Planning and. Zoning Board, the motion being seconded by Mr. Youngblood and unani- mously carried. .... -6- 3-10-69' · ·49 9.c. The City Clerk reported that at the last regular meeting, Coun- cil deferred action on.a petition for~abandonment of a portion of Ingraham Avenue, lying between A1A and Gleason~Street, and the offer of the petitioner to provide,-through dedication, a like amount of right-of-way, namely a 20 foot.wide ·strip, as an addition to the pre- sent right-of-way of Ocean Terrace. Further, the Planning and Zoning Board, under date of February 6th, following a review and study of the request, had recommended to Council a denial thereof, and Council may sustain the recommendation of the Board in denying the petition or grant the request. Mr. J. L. Patterson informed Council of a proposed apartment de- velopment at the base of Ocean Terrace, and said that an alternate plan would be sumbitted for consideration, and asked that any action on the current request be-set aside until both the original and the alternate plans could be considered at the same time,· Mr. Scheifley said in consideration of the recommendation of the Planning and Zoning Board, and givingdue consideration to the report of the City Manager in which he considered fire, safety, etc., and recommended that the petition be denied, and giving due consideration to the letter of the City Attorney in his legal interpretation of what the Council can or.cannot do, and also givingdue consideration to the contents of a letter from Mr. Nail MacMillan and the people he repre- sents, that he would move-to sustain the recommendation of the Plan- ning and Zoning Board and deny the petition. The motion was seconded by Mr. Wilson and carried unanimously. 9.d.~ The City Clerk reported that in compliance with COUncil request at its last regular meeting, Council waspresented with the Attorney's report, as a result of research, pertaining to definition of .an "abstain" vote and its effect upon a motion under consideration by' Council relative to consideration of the Planning and Zoning Board's report and recommendation for Site Plan approval of a proposed deveIop- ment of a tract of-land in Asbury'Park Heights. (Copy of said report from the City Attorney, dated February 28~ 1969, is attached to the official copy of these minutes.) See page 50-I. Mr. Youngblood suggested that Council follow the recommendation of 'the City Attorney, 'considering that item as unfinished business, and moved that Council~re-vote on the motion to sustain the'Planning and Zoning Board recommendation in approving said Site Plan. The motion was seconded by'Mr. Wilson. During discussion, Mayor Saunders read a statement which he said would explain his vote. 'Upon call of roll, Mr. Wilson, Mr. Youngblood and Mayor Saunders voted in favor of the motion and Mr. Pitts ~nd Mr. SCheifleY were opPose~. lO.b. Mayor SaUnders read a letter from the General Employees Retire- ment Committee asking council to have a study made for possible up- dating and improving 'the provisions of the pension plan, particularly as to cost of living increases to the retired employees, Mr. Wilso~ moved that permission be given for said requested study by the actuaries] the motion being seconded by Mr. Scheifley and unanimouslYcarried. 10.b. City Clerk Worthing read the following letter from the Delray Beach Lawn Bowling Club, Inc., dated MarCh 3, 1969, and signed by Mr. Hugo Nylander, President, and William Cannon, Secretary-Treasurer: "Re: Application' for Extension of Lawn Bowling Courts at Delray Beach Adult Recreation Center. Our Board of Directors have authorized an application to the -City authorities for additional Lawn Bowling facilities -- for an increase in the number of courts to the east of the exist- ing lay-out. -7- 3-10-69 50 our membership.at the present time is 74which overtaxes the playing greens. We also have heard from many experienced as well as beginners who are planning to join the cIub next fall. Many of these are from areas beyond the Delray corpor- ate limits and intend locating in Delray. In order to provide contact with the Council to follow up this application, the Directors have appointed Mr. James Cassel, one of our members, as our' Club representative, to personally present our aPPlication and provide any detailed information you may require. Our President has discussed our problem withMr. Alfred E~liott, the City Recreation Director, both directly and through the medium of the Board of Governors of the three Recreation divisions which use the Recreation Center, and he is, I believe, familiar with the necessity for an increased plaYing area. We urge the early and, we trust, favorable action to our application as we feel the expansion will be of benefit to attracting an increased number of Northern visitors and to the permanent growth of the City of Delray Beach." Mr. Wilsonmoved that this letter be referred to the City Manager for review and consideration when compiling the proposed budget for the next fiscalYear. The motion was seconded by Mr. Youngblood and carried unanimously. 10.b. Mayor Saunders read the following telegram from Mr. David H. Ekvall, 1137 Vista Del Mar Drive, dated March 10, 1969: "During discussion pertaining to reconstruction of revetment it is earnestly requested that City Council consider removing from northeast section Delray traffic ordinarily routed over Coastal Highway A1A.' Since September, %1968, Andrews Avenue and subse- quently Seaspray and Vista Del Mar,'all streets with sidewalks or appropriate residential setbacks, have witnessed traffic of such dimensions as is hazardous to life and property. It is urged that vehicles intending to travel beyond City limits of Delray or points north or south of area in question be request- ed to move through the City via Highway 1." Mayor Saunders referred this item to the City Manager for his re- commendation. 10.c. City Clerk Worthing presented Bills for Approval as follows: General Fund $ 191,297..71 Water Operating & Maintenance Fund 7,333.12 Water Revenue Fund 117,254.13 Special Assessment Fund 3,266.32. Refundable Deposits Fund 1,070.95 Improvement Fund 231.37 Utilities Tax Fund 26,550.00 Sewer Revenue Fund 110,000.00 Cigarette Tax Fund 7,52.2.00 Sinking Fund, Cigarette 'Tax Bonds, Series 1965. 23,940.00 The bills were unanimously approved for payment, on motion by Mr. Wilson and seconded by Mr. Youngblood. The meeting adjourned at 10:15..,~ APPROVE City Clerk o R -8- 3-10-69 §0'A PROPSR?~E$ ZN VIOLATION OF ORDINANCE NO. G-147 a_ND SECTIONS !5-3 and ~r40~..THE CITY ~O~. CITY OW~.~ A~DA~DRE~S PRopERTy.DESCRIPTION CODE Nellie M. MacMillan Lots 10, 11 & 12, Block 28. 15-3 P. O. Box 1630 (~2-34 N. W. 4th Avenue-) & Delray Beach, Fla. 15-4 2. O. D. Priest, Jr, Lots 13 and 14, Block 7, 15-3 228 S. W. 1st Avenue Atlantic Gardens. & Delray Beach, Fla. (202 & 206 S. W. 11th Ave.) 15-4 $~mon Barnes Vacant part of Lot 15, 15-3 104 N. W. 5th Avenue Block 7, Atlantic Gardens · Delray Beach, Fla. (210 S. W. 11th Avenue) 15-4 4. Simon Barnes Vacant part of Lot 16, 15-3 104 N. W. 5th Avenue Block 7, Atlantic Gardens. Delray Beach, Pla. (214 S. W. llth Avenue) 15-4 5. Lenna Fagins & WinnieMae Vacant part of Lot 18, 15-3 Pagins Washington Block ?., Atlantic Gardens. & 222 S, W. llth Avenue. (222 S. W. 11th Avenue) 15-4 Delray Beach, Fla. 6. Ruth S. Dedi Vagant part of LOt 8, 15-3 12 S. W. 8th court Block 3, Bellview Manor & Delray Beach, Fla. (12 8. W. 8th Court) 15-4 7. Louise D. Meade East 45 feet of Lot ~, 15-3 P. O. Box 1391 Myrick S/D of Section 17-46-43. Delray Beach, Fla. (810 West Atlantic Avenue) 15-4 8. Ellen Do Wightman Lot 3 & west 5 feet of Lot 2~ 15-3 390 N. E. 101st Street Myrick S/D of Section 17-46-43~ & Miami, Florida 3313.8 (812 West Atlantic Aven~e) 15-4 9. Louis Halpern Lot 1, Block 13. 15-3 p. O. Box 694 (634 West A~lantic Avenue) & Palm Beach, Florida 33480 15-4 10. Darlene H. Sho~t Vacan9 part of Lot 15~ 15-3 2780 N. E. 5th Street Block 28- & Pompano Beach, Florida 33062 (42~ W~st Atlantic Avenue) 15-4 11. Charles W., Jr. & Vacant part of North 50 feet of 15-3 Francen~ G- Patrick Lot 4, ~lock 28. & 400 N. W. 2nd' Street (53 N. W. 5th Avenue) 15-4 D~lray Beach, Fla. Violations .~5-3 and 15-4 as concerns this report ar-las follows: 1. 15-3 - Debris 15-4 - Highweeds and undergrowth 2. 15-3 - Debris 15-4 - High weeds and undergrowth 3. 1§-3 - Debris 15-4 -. High. weeds and undergrowth 4. 15-3 - Debris 15-4 - Hi~h~.'we~s m~d undergrowth 5. 15-3 - Dubris 15-4 - .~igh weeds 6. 15-3 - Garden Trash 15-4 - Heavy undergrowth 7. 15'3 - Debris 15-4 - W~eds and underqrow~h 8. 15-3 - Debris 15-4 - Weeds and undergrowth 9. 15-3 - Debris 15-4 - Undergrowth 10. 15-3 - Debris 15-4-- High weeds 11. 15-3 - Debris 15-4 - Weeds and undergrowth S~bmitted to the City Council by the City Manager on this the 10th day of March, 1969. 50-B RESOLUTION NO, 11~69. A RBSOLUTION OF THE CITY .COUNCIL OF THE CITY. OF DELRAY BEACH, FLORIDA, AUTHORIZ.- ING THE NEGOTIATION AND EXECUTION OF A CONTRACT FOR REPAIR AND REPLACEMENT OF THE CONCRETE BLOCK REVETMENT WALL WITH- OUT COMPETITIVE BIDDING. A resolution of the City Cou~cll of the City of Delray Beach, Florida, authorizing the negotiating and execution of a contract for the further repair and replacement of the revetment without competi- tive bidding. WHEREAS, the revetment has suffered further damage and de- struction since the contract was entered into with Murphy Construction Co. for repairs and replacement, and WHEREAS, Murphy Construction Co. has completed their original contract, and WHEREAS, an emergency exists'for the preservan~e of the re- vetment and city property, and WHEREAS, further damage is imminent, and time not permitting the obtaining of competitive bids, a minimum of six weeks being nec- essary, and W~EREAS, Murphy Construction Co. has performed in a satis- factory manner, and WHEREAS, the City Manager has recommended a new contract with Murphy Construction Co. for the repair and replacement of dam- age to, or loss of, the revetment, which includes .price. a~J,uet- ments, and WHEREAS, the C~ty Council deems it necessary and in the best interests of the City to continue the repair and replacement of the revetment without interruption; NOW, THBREFORE, BE IT R~SOLVED by the City Council of the City of Delray Beach, Florida, as follows~ That authOrization is hereby granted for the negotiating and execution of a contract with Murphy Cons~truction Co. for repair and replacement of the revetment from Station 3 + 73 to Station 22 + 50 without competitive bidding as permitted by the Charter and Code of Ordinances of this City. PASSED an~ ADOPTED in regular session on this the lOth day of March, 1969. /S/._. j., .i.L-.. s aunders MAYOR ATTEST ~ /S/ R. D. WorthiDq City Clerk RESOLUTION NO. 10-69. 50-C A RESOLUTION OF T~E CITY coUNCiL OF T~ CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAINLANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMF/TT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE- PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. WHEREAS, the City Council of the City of Delray Beach, did, in re~u%ar //a~//o~//////////session held on the l~th of A~.~ust, !2~h,. of Nov¢~b.er &. 9th 9.~ December,. 1968 declare the existence of a nui- sance upon certain lots or parcels of land, described in a listsub- mitred to them, for violation of the provisions ofordinance G-147; WHEREAS, pursuant %o such declaration, the City Clerk of said City did furnish each of the respective owners of the lands described in said list with a notice describing the nature of the nuisance and that they must abate said nuisance within thirty (30) days, failing in which ~he City Council would have it done, and the cost thereof would be levied as an a~sessment against said property; and WHEREAS, the owners hereinafter named did fail and neglect to abate the nuisance existing upon their respective landswithin the time prescribed in said.notice and Ordinance G-147, and the City of Delra¥ Beach was required to and did enter upon the following lands and incur costs in abating the nuisance existing thereon as described in the aforesaid ~ist~ and WHEREAS, the Cit~Manager.of the City of Delray Beach, has, pur- suant to said Ordinance G-ld7 and the City Charter submitted to the City Council a report of the costs incurred in abating the nuisance as aforesaid, said report indicating the costs per parcel of land involved. NOW, THEREFORE, BEITRESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or par- cels of land described in said report, a copy of which is attached hereto and made a part hereof, are levied against the parcels of land described on said report and in the amounts indicated thereon. Said assessments so levied shall be a lien upon the respective lots and parcels of land..described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be col- lectible in the same manner and with the same penalties and under the same provisions as tO S~le an4 foreclosure as city taxes are collect- 2. That the City Clerk of said City shall, as soon as possible after the effective date, record a certified copy of this resolution in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and upon said report a notice that the City Council of the City of Delray Beach, did, on the 12th of Au~us~. 12th...o.f November ~. 9th..gf December, order the abatement of a certain nuisance existing on their described 1966 property and property owner having failed to abate such nuisance, within the 30 day period' whereupon it was abated by the City at costs shown in said report.and such assessments shall be legal, valid and binding obligations upon the property against which said assessments 'are levied. This resolq~%on shall become effective 30 days from the date of adoption, and the~assessments ~ontained herein shall become due'and payable thirty ~ys after the mailing date of the notice of said assessment, after Which interest shall accrue at the rate of 6~ per annum on any unpaid portion thereof. PASSED AND ADOPTED £n .regular... session on the .1Qth. ~ay of ATTEST: _/S/ J ~ L. Saunders MAYOR _~_$X_ ~ ....D. Wot.thing 50-D COST OF ABATING NUISANCES UNDER ORDINANCE .. NO . G-147. PROPERTY DESCRIPTION OWNER _- A~SESSMENT Auqu'st 12, 1968 list. ~ ' Lot 24-, Sundy & Tenbrook Addition. Dorothy B. Sundy $ 50.00 November 12, 1968 list. Lot 4, Block 23. Melvin A. Smith ~ ' $ 54.50 Lot 10, Block 5, Atlantic Gardens. Ishmel Tyson $'38.50 Lot 9, Block.3, Bellview Manor. Russell H. & Deborah Martin $ 52.00 Lot 29, Block 3, Odmann's S/D. Hattie ~J. KnoWles $135.00 December. 9, 1968 list. .. .... North 58 feet of South 214 feet of East 135 feet of South half of Block 22. ' Ide!i~la Romer $ 30.00 50-E O I mNCZ AN o Im. ce OF CITY COUNCIL CItY OF DELRAY BEACH, FLORIDA, ANNEX/NO 'TO T~ CITY OF DEL~Y B~CH CERTAIN ~,;. ~MELY T~CT 4-A, ~- P~T OF A PORTION OF HIDDEN' VALLEY - SECTION ~O, ~ICH ~ IS CO~IGUOUS ~ E~STING MUNICIPAL LIMITS OF SA~ CITY; ~DEFININ~ T~ BOU~ARIES OF SAID CITY'TO INCL~E SAID~; PRO~DING FOR T~ RIGHTS A~ OBLIGATIONS OF SAID ~ A~ PRO- ~IN~ FOR T~ ZONING T~OF. ~E~S, F~[~ R. CUS~NO is the fee simple o~er of the property hereinafter described, and ~E~AS, F~NK R. CUS~NO, by his petition has consented ... and given permission for the annexation of said property by the City of Delray Beach, and ~AS, the City of Delray Beach has heretofore been au- thorized to annex lands in accordan=e with Section 185.1 of the City Charter of said City granted to it by the State of Florida; ~W, T~FO~, BE IT O~AI~D BY T~ CITY CO~CIL OF T~ CITY OF DE~Y BEACH, FLORIDA, AS FOLLOWS: ~CTION 1. That the City' ~uncil of the City of Delray Beach, Palm Beach County~ Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City~ to-wit: Tract 4-A, Replat of a portion of Hidden Valley- Section Two, according to the plat thereof re- corded in Plat Book 27, Page 138 of the P~lic Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed trac% of land, and said land is hereby declared to be within the cor~rate.limits of the City of Delray Bea~, Florida. SECTION 3. That ~e tract of land hereinabove described is hereby declared to be in Zoning District ~-1 as defined by existing ordinances of the City of Delray Beach, Florida. S~CTION 4. That the land hereinabOve described shall im- meidately become subject to all of th~ franchises, privileges, i~uni- ties, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons re- siding thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of compe- tent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED in regular session on ~e second and final reading on the 10th day of March , 1969. ATTEST: /S / .J. L. S aunders -' MAYOR /S/ R. D..Worthing City Clerk First Reading .Feb~.u~rY 2.4,' .~9.69' Second Reading ..M. argh~ 10. 1969 50-F ORDINANCE. NO. 8-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DE~AY BEACH, FLORIDA, AMENDING CHAPTER 5,, ARTI- CLE ~II~ OF THE CODE OF ORDINANCES OF SAID CITY MAKING IT UN~AWFUL FOR ANY INDIVIDUAL OWNING OR. CONTROLLING 'ANY' DOG TO ALLOW OR PERMIT SUCH DOG TO ENTER UPON THE PROPERTY OF ANOTHER AND DAMAGE SUCH PROPERTY. W~EREAS, the City Council has received~ increasing complaints from residents of the City regarding dogs running at large upon public and private Property other than the owner or keeper thereof; of public and private nuisances committed by such animals; and of damage to p~blic and private'property and persons by such animals; and WHEREAS~ the situation has reached that point where remedial leg- islation of a stringent 'nature is necessary to require to be done that which some oWners of dogs apparently will n~t dovoluntarily, that is, exercise reasonable restraint and control over their dogs; and ~WHEREAS, the City.Council is charged'with the protection of the health, safety and welfare of the general public; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 5-15, of Article II, Chapter 5 in the Code of Ordinances of said City be and the same is hereby amended to read as follows: "Section 5-15. Damaging property of another; Proof of violatign. It shall be unlawful for any person who shall own. or be in control .of or in charge of any dog to allow or.permit such dog to enter upon the .property of another and damage such property. Property of another shall include private property and any abutting publicly, owned property, ~asements, rights- of-way, ~emetery, church or any other property set apart for public use or held for benevolent or charitable pur- poses which the owner of the abutting private property maintains by planting, mowing, watering, fertilizing or similar care, of grass, shrubbery, trees, etc. planted thereon. The intent of this ordinance is to include all abutting property regardless of ownership except the pr°p- erty oWned by the owner of the dog, or the property of those who have consented to the owner of the dog, to do such damage on their property. Damage to such property shall inglude, but not be limited to, ~rinating ~or defecating by any dog upon any property as contemplated herein. In the event any such-dog shall enter upon the proper- tyof another within the corporate limits of the City and shall cause damage thereon, proof that it is the property of another a~d of such damag$ and the identity of the dog shall be sufficient to convict a person owning or having charge of or control of the dog violating the terms and Provisions of this section. Consent of the Qwner of the property shall be a defense to such violation." PASSED AND ADOPTED in regular session on this the 10th day of March , 1969. MAYOR /S/ R. D.. Worthing_. .¢it~lerk ~'6:~ First Reading ...February_ 24,_ _1969_ Second Reading . Margh.. 10..1969 50-G ORDIN~NC~ NO. 9-69. AN OItOINANCE OF THE CITY COUNCIL O~ ~ CZTY oF DE~Y ~, ~ 5, B~CK 5, ~~ P~T OF ~NI~ T~OF. ~S, L. 'L, S~~ an~.~ROL~ A. ~S~H (h~s ~Ee) are fee sidle ~er8 of ~e p=o~rty here~nafte~ described, and ~~S, L. L.S~H aha ~ROLI~ A.S~H (h~s.w~fe), by their ~tition, have consent~ and given pe~iss~on for the anne~t~on o~ said ~o~rt~ by. ~e City of ~lray ~ach, and. ~~S, the City of Delray ~ach has heretofore ~en authori~d to a~ex ~s ~ ac~rdance with Section ~85.1 of ~e City Chafer of said ~ty ~an~ ~ it by. the State of Florida; NOW, T~FO~, BE IT O~AI~D BY T~ C~ C~C~ OF ~ C~ OF DE~Y ~., F~R~A, AS FOLLOW: SE~ION 1. ~at the City ~uncil of ~e City of ~lray Beach, Palm B~ County, Florida, hereby a~es to sa~ City ~e following descried 2ra~ of land located in Palm ~ach ~ty, Florida, ~ich lies conti~ous to said City, to-wit: ~t 5, Block 5, ~nded Plat of ~ ~A ~~, ~r Plat ~k 23, ~qe 192, ~lic Reco~s of Pa~ Beach cowry, Florida. ~ION 2. ~at ~e Bo~aries of ~e City of Delray ~aeh, Florida, are hereby redefined so as to include ~erein ~e a~ve de- scri~d ~act of la~d, and said land Is hereby-declared to be ~thin ~e corporate l~its of ~e City of ~lray Beach, Florida. S~ION 3. ~at ~e ~act of land hereinabo~ descried is here- by declared to ~ in Zoning DiS~ict R~ as defined by existing o~inances of the City of Delray Beach, Florida. SECTION 4. ~at ~e land herei~bove descried ~all i~ia~ely bec~e s~ject to all of ~e franchises, privileges, i~unities, debts, obli~tions, liabilities, ordinances and la~ to which la~ds i~ the City of Delray ~ach are now or ~y ~, and persons residing thereon shall 'be ~eemed citizens of the City of Delray Beach. SE~ION 5. ~at if any word, phra~, clause, senten~ or part of this ordinance shall be declar~ illegal by a co~t of c~tent J~isdiction, such re~r~ of illegality shall in no way affect remaining ~rtion. PAS~ in regular session on the seco~ and final ~ading on the 10th day of March , 1969. ,,, /S/ J. L 'r Saunders.. ... /S/ ~..D .......Worthfnq FXrs~ Re~ng Februar~ ~4, 1~6~ Seeo~ ~ading Harch 10, .50-H ORDINANCE NO. 14-69. AN '(~D~NANCE OF"~WHS CITY cOU~C~-L OF THE CITY OF DELR~Y BEACH, F~ORtDA, A~ENDING SECTIOn, .21-6 21, ~ODE OF ORDINANC~~ ~ TH~ CITY OF~DELRAY BEACH, FLOriDA, AS HEREIN AFTER PROVIDED. WHEREAS, the Plumb~ng ~COd~ for the Florida, exists-by virtu~ 0'~the ad6pti6n~of'~Ordinar*ce No. G-361 on July 11th, 1~60, and has not been u~dated nor revised s~n=e its origin; and WHEREAS, timely and' necessary innovations have been ~ in the fields of plumbing~ and WHEREAS; improved practices, materials and standards are implemented in the majority of'building codes in southern Flor ida; NOW, BE IT ORDAINED BY THE CITY ~)UNCIL OF THE '.CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: sub.-'S~cl (~}' o~ Se, c., 21~-6, be hereby amended~ to read "(e) Authority .of- ~administrat~¥e.auth0rity o the .a~m'i'~ii'~tra.~Ve aUthority has diScre-. tion'a~ PbW'~rs; '~o: permtt' 'deviat ions from , .the p~ovisi.o.ns 9~ ithis c0,~e,...provid?d, that~ . .-, .. .... plumbing Board and other applicable a~en¢ies "ih order that health and Safety recluirements, as they pertain to plumbing, shalI be . served. ,, pA~SED, and ADOP~,~D on second .and final r.eadin9 ,th:is Of March . 1969 /s/ J. n' ./S~ R,. D:.W°rthing '" ' ' City Clerk ...... TO: City Council of Delray Beach MEMO RE: "AbStain'' as a ~'vote" and related matters arising out of February 24th meeting The opinion of Florida courts, and courts from other jurisdictions, is that a vote is casting an "aye" or "nay" for a proposition. %Vebster's Dictionary follows this thought also. It is pointed out that an elected official assumes a duty and responsibili.~y to the electorate, who elect him on the same basis, to cast a vote for or against. In other words, an elector (councilman), when present in a council meeting, is under a duty to vote for or against t~he proposition. To abstain is not by definition a vote and in not voting, he is not exercising the function for which he was elected nor can he comply with the charter requirement of having his vote entered upon the minutes. Ab'staining or "no vote" has been attempted. The Florida court has held that . . "whenever electors are present and do not vote at all,~they virtually acquiesce in the election made by those who do. "'- (184 So. 8~0). In Florida, this means that a "no vote" is counted with the majority. I have been unable to. find a Florida case on a tie vote (2-2) with one "no vote~' . In this situation, ,I have been advised by Counsel of the Florida League. of. Municipalities and Attorney Frederick Hollingsworth that the above quote means a "no vote" is an affirmative vote. Reported cases from other common law states, which would influence or be persuasive on Florida courts, ' 'r].o " . follow this thought, namely, a vote is an affirmative vote This is predicated upon acquiescing to the proposition unless a positive position is taken by voting against it. The Florida court has held that a tie vote leaves the matter as unfinished business. ~ (151 So. 51) The City Clerk has informed me that several years ago the 'Council adopted "Robert's Rules" under which to operate. I assume that this is still in effect and have the opinion that all of you have this understanding. However, "Robert's Rules" cannot supersede State law or chartet; provisions. For example, i.£ only three members of council (a quorum) were present, an ordinance would not pass on a 2-1 vote since by charter provisions, an ordinance or resolution must pass with three (3) affirmative votes. This is also true where there is law in conflict with "Robert's Rules". The law will prevail over "Robert's Rules". In r~y opinion, due to the misunderstanding under which the "abstain" (no vote) was made at the meeting (which would be legally considered an affirmative vote), the result should be held as a tie vote and considered unfinished business to be re-voted upon at the next meeting with everyone's understanding of the consequences as explained above.