08-11-69 121
A regular meeting of the City council of the City 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. Oatchel, City Attorney
O. Robert ~ellows, and Co~u~cilmen John L. Pitte, III, James H.
Scheifley, James B. Wilson and O. F. Youngblood being present.
1. An opening prayer was delivered, by the Rev. Carl Storey.
2. The P!edge of Allegiance to the Flag .of the United States o~
America was given.
3t' ~The minutes of the regular Council meeting of July 28~h, 1969,
were unanimously approved, on motion by Mr. Wilson and seconded by
Mr. Youngblood.
4. City Clerk worth£ng read the following letter to Mayor Saunders,
dated August 2, 1969, from Senator Spessard L. Holland~
"Thank you for your telegram of August I advising of the
opposition of the City of Delray Beach to legislation that
would permit taxation of income from state and munic£pal
bonds.
As you know, the House Ways. and. Means Committee has for
some time been considering in eMecutiVe session tax reform
legislation. Such .a proposal as...tha~ to ~wh~ch YOU. are
~osed is.'.a long~'Way from conside=at'~on bY the Senate, bU.t
· ]~o~u m~y. b~/~assured that anY. tax.~measur~ .by th~/Federal
g°v~rnn~en~ tO' tax loca%~igover.l~ment securities w~11 h~v~ my
most aggres~ive opposition, ' . .? .
With kindest regardS. I remain."
He then read the following letter to Mayor Saunders'~ dated Augllst
6, 1.969, from Senator Edward J. Gurney:.
"Thank you so much for your recent comments regarding the
tax status of munic, ipal bonds.
I have always felt that we must .f. ind some .way t~ make the
purchase .of ~tate and local bonds as attractive under any new
taxation plan as they were in tl%e past.
I am sure C~ongress is well aware of this.
It is.. a queSti6n, o'f plugging the .loophole of very wealthy
~eoPle p.ay~ng no tax at a11, but also preserving the market-
ability of state and local bonds, .. I~.m sure We will come up
with. a workable situati0n.
Nice to hear' fr~m you."
Mayor'Saunders said that a telegram had. also been sent to Repre-
sentative'. ~aul G. Rog.ers concerning taxation of income from municipal
bonds.
5. Mr. Pitts~ said it' is still his desire that a ResolutiOn~ be passed
oppos~ngi'the ~0u~-lani~g of A1A~. folioWing, a discussi°n Con.~erning
same at a recent-work.shop,meeting with Mr. Don Morgan, County Planning
Director. -
Following ~omments by Councilmen, 'Mr. Pitts moved that Council
pose the four~aning of. AIA, .the motion bein~ seconded' by Mr, Wileon
an~ unanim°usly carried.
5. Mr. Pitt~ said ~t had been discussed with Mr. Don Morgan, County
Planni~ Director,. abou.t..$PP~yi~g fo~ mOneY from H~.D, who baal"said it
is ne=esserY, for DelraY Beach to have an. overall 9.,lan.'of .what iS wan~ed
for De!~ray'.Beach and for. the reserve area: and it mightbe.~'possi~le to
obtain the ~o.~ from HUD to hire a consultant ~for that project. '
-1- 8-11-69
He suggested a workshop meeting on this item for further planning.
Mayor Saunders suggested that before such workshop meeting is held,
the City Manager be asked to find out from Mr. Morgan what procedures
have to be followed to make the City eligible for 701 Funds.
Mr. Wilson moved that the City Manager and City Attorney be directed
to explore such ways and means as the City will have to employ to
expedite the extension of the Western Reserve Area, at least to the
Sunshine Parkway or possibly a short distance beyond, the exact area
to be determined. The motion was seconded by Mr. Pitts and carried
unanimously.
5. Mr. Pitts referred to a request by Mr. Sche£fley that the possibil
ity of an incinerator be checked into, and he requested that a feasi-
bility re~ort be obtained from Palm Beach, who has been using the
garbage and trash transfer system for several years. He said that he
understands West Palm Beach has just signed an agreement for $50,000.
a year for use of the County Dump, and asked about the charge by the
County if Delray Beach goes to the garbage and trash transfer system
that has been proposed. The City Manager reported that the County
charge of 80 cents per ton for dumping is .included in the $3.80 per
ton quoted by the Company that is seeking a contract with Delray
Beach for garbage and trash transfer; further, if the County charge
increases the Transfer Company would have to increase their price
accordingly.
Mr. Pitts asked that there be further disCuesion on this item be-
fore the transfer plant is finally decided.on,
Mayor 8aunders said that during the course of the Budget meetings
there could probably be presentations of the feasib£1ity of contract
hauling and on an incinerator.
5. Mr. Pitts asked if plans have been made for any City personnel to
obse=ve the operation.of the submarine dredge when it is tested on
AuguSt 15th at Ft. Pierce.
City Manager Gatchel reported that the starting date of that 100-
day project had been postponed until August 25th, and that plans have
been made for some City personnel to observe that operation.
5. Mr. Pitts asked if .there is a time limit on the validity of a
building permit after issuance of same, and City Clerk Worthing ad-
vised him that there is a time limit.
5. Mr. Scheifley said~there are several items on which he feels it
is necessary to have workshopmeetings.if the City personnel can
.possiblywork them in, in addition to work on the Budget. He referred
to the Bills recently passed by the State Legislature and said he
thinks Council should start discussing within the next week or so what
it plans to do about the south beach property; also discussion of the
item brought up by the'Beautification Committee regarding setbacks on
the Federal Highways.
Mr; Scheifley said he hopes there will be a formal presentation on
the feasibility of an incinerator before action is taken on any item
in the Budget on trash and garbage.
He'said that now since~there are reports being made on the new
trash and garbage system pickup, he feels it would be well for Council
to meet with the Director of Public Works and a representative of the
Company who is supplying that equipment to discuss some of the problems
that are arising from this new system.
5. Mr. Wilson re~orted he has noticed various locations where bushes
and .trees have grown out into the street and create a traffic hazard,
and feels that should be given some attention, particularly at a loca-
tion on the East side of Venetian Drive about fifty feet south of Bay
Street.
-2- 8-11-69
123
5. Mr. Youngblood said he would like to see something done about the
garbage, trash, cans~ etc. in the area of Georgia Town Tavern, the
grocery store and dry-goods store in the 400 Block on West Atlantic:
Avenue.
X. Mayor Saunders. asked, the City Manager to take care of those items.
6.a. Concerning a survey of lands in violation of the City's nuisance
laws, presented by the City Manager, Mr. Wilson 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.
Youngblood, and unanimously carried. (Copy of Nuisance Survey is at-
tached to the official copy of these minutes.) See pages 126-A-B.
6.b. The City Manager reported that at a'regular meeting of the Plan-
.... ning & Zoning Board on August 5th, the Board was formally notified
by Mr. Johnnie Davis that he,would not be available for reappointment,
at least for a year or two,' following the expiration of his term on
that Board on September 28, 1969. Further, that Mr. Davis has served
that Board faithfully as a member, past Secretary and currently as.
Vice-Chairman, and after diligent thought and CarefuI consideration,
the Board, with six members .present, voted unanimously to. recommend
that Council appoint Mr. Roy M. Simon as a member of the Planning and
Zoning Board for a five-year term commencing on September 29, 1969.
Roy M. Simon was unanimously appointed.as a member of the Planning
and Zoning Board, for a five-year term' commencing On September 29,
1969, on motion by' Mr.' Youngblood and seconded, by .Mr. SCheifley.
It' was agreed that a Certificate of Appreciation be sent to Mr.
Davis in recognition of his service on the Planning and Zoning Board.
6.c. City Manager Gatchel and Mr. John Klinck of Russell & Axon in-
formed Council of the status of the Cambron Construction Company con-
tract for installation of the Sewage Works Project in the Southeast
Area, and it was. stated that Cambron Construction Company had com-
pleted about 95 Per ~cen.t of the assigned jobs prior to .np.. tifying the
American Fire & casualty Company that they were unable to complete
the job.
The city Manager reported there had been a meeting this morning
concerning this item, and asked the.City Attorney to brief .Council as
to the legal aspects and recommendations.
City Attorney Fellows informed Council that Cambron Construction
Company. are in default on their contract and the Surety Company. wants
a chance .to obtain another contractor to finish the job. He.recom-
mended a motion .by.,C0unc..ii directing the City Manager to notify the
Surety Company, pursuant to. the 'General Conditions' of the .Contract
for the .job, and Cambron Construction Company, that we are considering
them in'default.
The City Manager reported that as a result of the meeting thiS
.... morning .concerning this item, the recommendations are that "declara-
tions of default" be sent to the Surety Company with copies to Cambron
COnstrUction Company~ that the request of American Fire and Casual=y
Company that' the City of Delray Beach waive' any .and all claims for
liquidated, da~.-'ages of. $100.00 a. day resulting from the Project not
having been completed within 'the 'time' for completion as set forth
in the original contract, with Cambron Construction. be ~abled for
the time being; and that Council instruct that no city check be 'issued
for any work or materials that allegedlY..have been done,, in any amount
to anyone until the'Surety Company comes forth with a legitimate plan
for continuing the .construction and getting .'the job completed.
Mr. Wilson mo~ed.'to officially declare the performance of .Cambron
ConstrUction Company in'~default, with instruction to the City Manager
to write a letter, so informing Cambron Construction Company, with
copies of same., being forwarded to American Fire and Casualty company,
as well as the ConsUlting..Engineers, Russell & Axon. The motion was
seconded by Mr. Pitts and carried Unanimously.
,124
Mr. Scheifley moved to table the request of American Fire and
Casualty Company that the City of Delray Beach waive any and all claims
for liquidated damages of $100.00 ,a day, the motion being seconded by
Mr. Wilson and unanimously carried.
Mr. Wilson then moved that the City Treasurer withhold any further
payments of any funds under said contract until satisfactory arrange-
ments have been made with the City Administration concerning completion
of the job. The motion was seconded by Mr. Youngblood and carried
unanimously. .
7.a. City Clerk WOrthing informed Council that the World War I
Veterans Barracks and Auxiliary No. 3056 has peti~tioned for use of the
Auditorium and three~ additional rooms at the Community Center during
the hours commencing at 12:00 noon to 5:00 P.M., Saturday, May 2, 1970,
for the purpose of holding its annual meeting for the Second District,
comprising the territory from Jensen Beach to Boca Raton; further, such
usage of the Community Center has been determined not to' be in conflict
with any scheduled programming on that date and having been approved
by the Recreation'Director, it is recommended that the petition be
granted.
Said request for use of the Community Center was unanimously ap-
proved, on motion by Mr. Pitts and seconded by Mr. Wilson.
8.a. -City Clerk Worthing presented RESOLUTION NO. 35-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA,
REQUESTING THE COUNTY OF PALM BEACH TO PRO-
VIDE A MINIMAL TYPE OF ROAD CONSTRUCTION, AP-
PROXIMATELY 1,700 FEET IN LENGTH, CONNECTING
· GERMANTOWN ROAD.AND CONGRESS AVENUE.
(Copy of Resolution No. 35-69 iS attached to the official copy of
these minutes.) See page 126-C.
Resolution No~ 35-69 was unanimouslypassed and adopted on this
first and final reading, on motion by Mr. Youngblood and. seconded by
Mr. Pitts.
9.a. Council was informed that an application to solicit funds within
the City submitted by the Community Chest Services of Delray Beach,
Gulfstream, Highland Beach and the Village of Golf, for solicitation
from February 4th to 18th, 1970~ 'door to door,, with letters being
mailed in November, 1969 and January, '1970, was processed through the
Solicitations Committee, which reports as follows:
"Please be advised that the Solicitations Committee recom-
mends approval, with endorsement, of the Community Chest's
request to solicit funds on dates listed in their solicitation."
Said application for solicitation of funds was unanimously granted,
on motion by Mr. Wilson and seconded by Mr. Youngblood.
Mr. Wilson announced that Mr. Scheifley would, be the Drive Chairman
for said Community Chest funds solicitations.
9.b. City clerk Worthing presented the following Planning and Zoning
Board report regarding HEIGHT LIMIT in RM-1 Zoning District and said
that Council consideration of such proposed height limitation is re-
quested in order that an ordinance to reflect Council determination
may be prepared for submiSsion and consideration at the next regular
meeting: j
"On July 15th, 1969, a regular meeting was held in City
Hall at 4:00 P.M. during which a height limit was considered
for structures in a RM-1, MultiPle Family Dwelling District.
8-11-69
1 25
One member was absent. Those 'six members present voted
unanimously to recommend that a maxLmum height limit be
placed at 122 feet, measured from the highest finished grade
to the ceiling of the highest floor.
This will afford the necessary flexibility for controlled
westward expansion." ·
Mr. Wilson moved to accept the proposed height limitation in the
RM-1 Zoning District and that an ordinance reflecting same be pre-
pared for consideration, the motion being seconded by Mr. Scheifley.
During lengthy discussion on this item, the lack of sufficient fire
fighting equipment for high-rise buildings was stressed, and upon call
of roll, Mr. Schei'fley, Mr.~ Wilson, Mr. YOungblood and Mayor Saunders
voted in favor of the motion and Mr. Pitts was opposed.
9.c. Mr. LeRoy Merritt, the petitioner for zoning change, was unable
to be present tonight and asked that this item be on the agenda of the
next regular meeting.. It was so ordered.
10.a. Mr. Wm. j. Schmalz, 200 Andrews Avenue, informed CounCil he had
written a letter recently regarding insufficient storm drainage
facilities in his area and asked 'what is proposed to correct that
situation.
The City-Manager re~orted that on March 2?th, 1967,. this matter had
been'brought to Council attention, and had been studied by the City
Engineer, and discussed at a workshop meeting, but due to the cost in-
volved, nothing was done at that time.
It was agreed upon by Council that this item be on the agenda of
the next workshop meeting for thorough discussion.
10.b. City Manager Gatchel presented Council with cop~es of the pro-
posed Budget for the fiscal year of 1969-70, and read his accompanying
letter of transmittal.
The first study session~ on the proposed Budget was scheduled for
7:30 P.M., Tuesday, August 12th, and Mayor Saunders announced' that the
press and any other interested parties were welcome, to attend the'
budget study Sessions.
lO.d. ~'ity Clerk Worthing presented Bills for Approval as follows t
General Fund $222,615.23
Wat~ Operating & Maintenance Fund 6,370.56
Special Assessment Fund 12,620.00
Utilities Tax Revenue Fund 1,550.00
Cigarette Tax Fund ' 19,522.00
Capital Improvements Construction Fund 60,913.52
The bills were unanimously approved for payment, on motion by Mr.
Wil~on and seconded by Mr. Youngblood.
The meeting adjourned at 9:35 P.M.
...... R,~ D. WORTHING_ _,T .....
City Clerk '
A P PROVED~ci~_~c~ .~~
MAYOR
-5- 8-11-69
126-A
PROPERTIES IN VX.0LATX0~ OF ORDINANCE NO. G-147
AND SECTXONS 15-3 and 15-4 OF THE CITY CODE.
CITY
OWNER AND. ADDRESS PROPERTY DESCRIPTI°N CODE
1. Louis Homer Lots 5 & 6, Block 40,
98 Shelton Avenue Grove Park.
New Haven, Connecticut 06511 (306 & 302 S. W. 3rd.Street) 15-4
~. Edward F. & Betty B. Kiszka Vacant part of East ½ of Lot 20
2300 Seacrest Boulevard a~d all of Lots 21 & 22,
Delray Beach, Florida 33444 Block 12, Dell Park.
(217 N. E. 8th Street) . 15-4
3. Santa Rita Land Co. Lot 23, Block 12, Dell Park.
c/o Lawrence Guinan (225 N. E. 8th Street)
201 w. Centre
Mahanoy city, Pennsylvania 17948 15-4
4. Charles S. Moore Estate Vacant part of Sou~h 104.42
c/o Mrs. Allan Vogt fe~t of West 175 feet of
6121 Tilden Lane BlOck 123. (3)
Rockville, Maryland 20852 (103 N. E. 7th Avenue) 15-4
5. Joseph Ellis South 10 feet of Lot 5 and 15-3
1335 Lee Street North 30.5 feet of Lot 6, &
Delray Beach, Florida 33444 Block 43. (113 N.W. 3rd Ave.) 15-4
6. Ira &'Mattie Partridge SouGh 46 fee~ of Lot 6, 15-3
354.N.W. 6th Avenue Block. 43.
Delray Beach, Florida 33444 (111 N. W. 3rd AVenue) 15-4
?. Samuel D. & Alberta W. Dobson Lot 7, Block 43. 15-3
520 S. W. 15th. Avenue (109 N. W.. 3rd Avenue) &
Delray Beach, Florida 33444 15-4
8. Stanley J. & Louise D. Lot 16 'less triangular strip 15-3
Keyes, Jr. on East side, Block 16,
Stu~vesant Avenue Seagate Section "B". 15-4'
Rye, New York110580 (800 Sea Sage Drive)
9. Josie G. Green NOrth 26.5 feet of Lot 6, '15-3
5617 Spruce Street South ½ of Block 27.
Philadelphia, Pennsylvania 1913.9~ (113 N. W. 5th Avenue) 15-4
~0. Simon C. & Florence W. Barnes North 25 feet of South 50 feet 15-3
' 1~35 N. W. 3rd Street of Lot 6, South half of Block
Delray Beach, Florida 33444 27. (111 N. W. 5th Avenue) 15-4
1~. A. Simon Eassa sOuth 25 feet of Lot 6, 15'-3
P. O. BOX 35 South half of Block 27
Delray Beach, Florida 33444 (109 N. W. 5th Avenue) 15-4
12, Paul & sandra Maxson and ~acant part of.
James E. & Kay B. Womack Lot 5, Block 8, Dell Park 15-4
121 Bonnie Briar Lane (258 N. E, llth street)
Delray Beach, Florida 33444
13. Virginia Kearns Vacant part of LOt 6 & South
902 Sunset Road 38.25 feet of Lot 5, Block 75 15-3
Boynton Beach, Florida 33435 (113-117 N. E. 1st Avenue)
August 11. 1969.
126-B
~age 2. Nuisance Violation List.
14. John C. Williams, Trustee vacant part of Lots 6 & 7 and
P. O. Box 2257 S0uth half of LWt~5~ Block 105.
Delray Beach, Florida 33~44 (360 N. E, 6th Avenue}. 15,4
~5. J.W. & Adele Richardson Lot 30 and East'-35 feet of 15-3
Rt. %1, Box 56H Lot 31, belray Beach Esplanade.
Indio, California 92201 (1126 N. V~sta Del Mar Drive) 15-4
Violations 15-3 and 15-4 as concerns this report are as. follows~
1. 5-4 - Weeds and undergrowth
2. I5-4 - weeds and undergrowth
3. 15-4 - Weeds and undergrowth
4. 15-4 - Weeds and undergrowth
15-3 - Debris
15-4 -;,~eds and undergrowth
15-4 - Weeds and undergrowth
7. 15-3 - Old..lumber
15-4 - Weeds and undergrowth
8. 15-3 - Garden trash "
15-4 - Weeds and undergrOWth
9. 15-3 - Debris
15.-4 - Weeds and undergrowth
~0. 15-3 - Debris
15-4 - ~eeds and ~n'd~rg=owth
11- 15-3 - DebrSs
15-4 - Weeds and undergrowth
12. 15-4 - Weeds and undergrowth
~,. 15-3 - Large dead tree
!~ 15-4 - Weeds and undergroWth
~m~ 15-3 - Garden trash
15-4 - Weeds and u~dergrowth
Submitted.to the City Council by the City Manager on
this the llth day of August, 1969.
126-C
RESOLU~IONNO. 35-69,
A RESOLUTION .OF THE CITY COUNCIL OF ~
CI~ OF DB~Y B~, PA~ ~A~ ~Y,
FLO~DA, ~O~ST~G ~ CO~Y OF . PA~
BEA~ TO PRO,DE A MINI~L ~E OF RO~
~NSTRUCTION, AP~OX~LY 1,700 FEET
IN ~NG~; ~CTZ~ G~O~ RO~
A~ CONG~SS A~.
~AS, ~e County of Palm Beach has ~der construction what
is ~o~ as S.. E. and S. W. 12th Street in Delray Beach from Route 1
to Ger~nto~ ~ad and from ~ngress Avenue to Military Trail; and
~AS, the Co~ty has not provided for the construction of
S. W. 12th Street bet~en Ge~anto~ Road and ~ngress Avenue, a dis-
tance of approximately 1,700 feet; and
~AS, S. E. and S. W. 12~ S~eet cannot and will not be
fully utilized due to ~e dead ~s at~rmanto~ Road and Con~ess
Avenue, now separated by said 1,700 foot strip which actually is part
of the future right-of-way of 1-95; an~
~AS, three miles of new a~ needed constr~ction would be
utilized to its fullest extent if the 1,700 feet would also be con-
structed; and
~AS, because of the dead ends at ~rmanto~ Road and
Congress Avenue, Germanto~ Roa~ will continue to be use4 ~ich in-
volves a dangerous intersection wi~ Lindell-'Boulevard, a ha~r4ous
Sailroad crossing, a hazar4ous bridge crossing over a canal, and a
road ~ich has deteriorated to an extent to be ulassified as danger-
ous, all of which have resulted in accidents; and
~AS, the new S. W. 12~ Street f~om Congress Avenue to
Mili~ry Trail will not be used by the p~lic due to its non-accessi-
bility, but due to its location, it ~Ul~ develop'into an unauthorized
spec4 track and a meeting place for undesirabZes; and
~AS, a11'~ese accidents and potential ~ro~le areas could
be el~minated by ~nnecting the't~ dead ends, namely, ~anto~
and Congress Avenue with minimal t~e of road const~ction;
NOW, ~~, be it resolved by the City ~uncil of Delray
Beach that the ~unty C~ission of Palm Beach be askea an~ enco~ag~
· o construct a 1,700 foot road to ~nnect ~e de~ e~4s presently ex-
isting on S. W. 12th Street in Delray Beauh between Germanto~
a~d Congress Avenue so that S. W. ~2th Street may be properly used
and eliminating the dangers existing on ~r~nto~ Road by b~assing
same and 4iscourage "gang" congregations through use of S. w. 12th
Street.
Be it further resolved that ~e City Clerk shal~ deliver a
CopF of this resolution to each of the County Commissioners of Palm
Beach ~ty.
PASS~ A~ ADOP~D this 11th day of August, 1969.
.~_J.~ L. Saunders
M A X O R
ATTESTz
/S/ R. D. Wort~ing
City Clerk