01-03-67SpMtg JANUARY 3, 1967.
A special meeting of the City Council of Delray Beach was held in
the Council Chambers at 8..00 P.M., it also being the Annual Organi-
zational Meeting, with Mayor Al. C. Avery in the Chair, City Manager
David M. Gatohel, City A~.torney John Ross Adams, and Councilmen j.
LeRoy Croft, James H. Jurney, Jack L. Saunders and George Talbot, Jr.
being present. '
1. An opening prayer was delivered by the Rev. Paul W. Gess.
1.a. The Pledge of Allegiance to the Flag of the United States of
America was given.
2. Mr. Jurney moved that the minutes of the regular Council meeting
of December 28th, 1966 be approved, the motion being seconded by Mr.
Saunders. Upon call of ro11, Mr. Croft, Mr, Jurney, Mr. Saunders and
Mr. Talbot voted in favor of the motion, and Mayor Avery abstained from
voting. Mayor Avery qualified his vote in that he was not present at
the meeting of December 28th.
3. During commen~s by retiring Councilman Saunders, he said that he
viewed his departure from the Council with mixed emotions, but had
enjoyed his past three years as a Councilman, and has a feel£ng of
pride and satisfaction regarding some of the accomplishments.
X. City Clerk Worthing then read RESOLUTION NO. 1~67.
':: ~' RESOLUTION OF THE CITY ~OUNCIL.OF TILE CITY'.
W~F~AS, JACK L. SAUNDERS, has unselfishly given of his time and
ability aa a City Co. unc. ilma. n. for the past two years,
NOw THEREFORE, BE" IT'RE$OLVBb; B~ T~E CITY Coui~c~L OF THE-CITY OF
DRLRAY BEACH:
Tha~:~JACK L, SAUNDERS-he)an~ is.' hereby comme~dea'.'for hi~.'grea't
contribution"t0 the general w"elfare of the City of Delray Beach,
Florida as City Councilman.
'l~'s~iuti~n ~o'~-' ~a67' w~s unanimously ad0~ted b~ th~ first~ a~
'final i~adi~g, on:motion'by Mr~ CrOft and 'seconded b~ ~ir. J.u~ey.
Mr- S&~l~d~rS~'wa's a'lso~presented with a pla~ue with the following
inscription:
' : ......... JACK-L:2~'sA~ERs - '- - ' '
" ': "" ' .... Recognitibh .and 'App~e~iation -" .'~ -
...... for
Ou.tstandin~ SerVi~e a~d. A'~Smpli~hment
ToWard Better Gove'rnmen~ ~S c~n~flman
"'~he city. of D~iray' BeaCh, FlOrida.' .....
· ~,?'~'~ - - t ~ · - - -
4. This Court,ii was unanimously adjourned at 8.~15 P.M., on motion
Mr."~roft and seconded_by Mr-- Jumpy; ' '
y
ANNUAL C.O,.UNCID ORG.ANIS. ATIONAL MEETING
1.a. An opening prayer was delivered by the Rev. Paul W. ~ess.
1. Councilmen-Elect James H. Jurney and LeRoy W. Merritt subscribed
~o the Oath of Office given by .City clerk R.. D. Worthfng.
2. CounCilman James ~H, Jurney was ~mani~ousIy appoit~ted vice=MaYor
for the year .:of 1967, on motion bY Mr. cr~a~nd S~conded by 'Mr~
Merritt. ~ ~'~ ' ' · -
3. Mr. Merritt said he was thankful for the opportunity to serve on
the City COUnCil a~d r~iter~ted his campaign p~&~c~e that his first
would be to the City Council and his first responsibility
obligation
would be to the Peopie-of Delray ~each. He ~also 'said that he thought
the City needed dignified growth and planned progress, and
is to move forward it must be to a plan.
3. Mr. jurney said it hadbeen a. pleasUre s~ervin'g on the Council for
the-past two years and that he WOUld continue servi'ng the City to the
best of ~his abil~tY~ F~rther, thkt he wa~ts the Council, in the near
future, to meet with the planning and' zoning Board a'nd WOrk together
for a better plan for De,ray Beach', as he feels Planning is one of th~
most important things within the City, and the .Planning and Zoning
Board ha~ done an excellent job.
Mr. ~Urney said that he ~eels all the people serving on City. Boards
and Committees do a wonderful job for the City~ and mo~ed that they
all be recognized by a letter. The motion was seconded by Mr. Talbot
and carried unanimously.
3. Mayor Avery 'and Councilmen CrOft and Talbot commented on .the
accomplishments of the PaSt~'years~ and .exerCised great pleasure in
having had the opportunity of serving with~Such a fine C0uncilman as
Mr. Saunders.
.The Press and others ware also ~hanked ~r ~r f~ ~o~k du~.~
the past year.
5. To comply with Section 26 of the City Charter in establishing
m~%~ ~ates for ~e 'rsgu~la= '~CO~cil me~ing~, Mr ~. 'croft moved tha~
satd~ be the Seco-d and fourth ~o~ays %'f each month ~
The motion was seconded by Mr. Merritt and. carried unani~ouslY.
7. Mr~ Talbot moved that David H. Gatchel be appointed as City Manager,
to serve at the Pleasure of the CoUncil. The mO~ion was seconded by
Mr. ~ and carried ~unanimouSly.~
8, 9' and lb. Hr. jUrney moved that the City Attorney, ~4uniciPaI Judge,
Judges Ad Litem, City Prosecutor and ASsistant Prosecutors be appoint-
ed, to-serve at the pleasure of the C~ncil, as follows:
City Attorney - John Ross Adams.
Municipa~ Judge James W. Nowlinl, Jr.
Judges Ad Litem - paul Gringle, J°h~ Wi spinner and Anne E~del
Deacon.
Prosecutor - Charles Byron.
ASSistant Prosecutors = Robert Fe~iows, HenrF Crow1ey and I. C.
Smith.
The motion was seconded by Mr. Croft and carrie~ Unanimously.
11. Regarding committee and Board apPointmentS~ Mr~ Merritt moved ~for
the appointment of Committees and ~oards l'i~Sted' as'a result of a work-
shop meeting. Said Boards and Committees are as follows:
ADULT RECREATION ADVISORY BOAR~
~ Alternate.
Senior Citizens ClUb Col. Larry Everett, Pres. R.D. Kipp
Lawn Bowling C~ub G.H. Ganson, Pres. Joe Vaccaro
-2- 1~3-$7
Shuffleboard Club James tassel, Pres. John Glen
City Recreation Alfred Elliott, DirectOr
City Mrs. Juanita Joyal (SuperviSor, Community
center)
BARBERS BOARD OF,EXAMINeRS
N. G. Dean - Chairman
James Grady
Dorothy Williams
(W. C. Musgrave, Secretary, not appointed by Council)
BEAUTIFiCAtiON COMMITTEE
One year term. Representatiye To eX~ire
Board of Realtors Stuart LaF~kt0n 1-1-68
Men's Garden Club Col. Clarence Bingham 1-1-68
Clarence Galinat as Alternate
City Council LeRoY, Merri~t 1-1-68
President's Parley of
Garden Clubs Mrs. John C. Bordeman 1-1-68
Member 'at Large Mrs. Charles Patrick 1-1-68
Member at Large Mrs. ESther Howard 1-1-68
Member at Large Lawrence Parker 1-1-68
Mrs~ Gladys Little Ga~defl'-Ct~bs-at-large~..'.'.'~l-l-6~
J. B, Smith Merchants & Businessmen 1-1-69"
Mrs. James Bowen Member at Large 1-1-69
Mrs. Weldon Evaul Member at Large 1~1-69
JoSeph..Sante : ':. - Member at Large 1-1-69
~o~Y=~xo~s c~TTEE
Gertrude Mudge Florence Barnes
John Van Sweden LeRoy Baine
Margaret Walsmith C. Spencer Pompey
Vi~gi~ia'Meye~s.i~ ~' Lula Baldwin
Ja~k:D~'Waiker - R~setta Rolle ....
''' ..... Al. W. Risker
~ORRECTION COMMITTEE
~emb~rs ~ ~visors
Mr~.;'¢.'~o Vogler - Chairman ~' R.C.-C~O~t - Ch~e£ o~ Police
Mr~ O. C~ P~xico John Ross Adams, ~t¥ Atto~ne~
Mr.'J~mes T.-Smith '' ~ Mrs. Agnes Payton
Mr-',.~Xank. T';;'Hearst ,,. . Dietician from"Bethes~m Hospital
Mr. Char~es Byron, ~ty Pr?secugoN.'-'
~,~NaNC~L'~VXS0R~.nO~U~D
Nathan Sharp - Chairman
Howard W..Smith
HEALTH DOCTORS
Dr:; J~rry Cox
D~. ~uSselI-FOrlaw
· "" -3- ~-3-67
PLUMBING.,.BOARD
Robert Crego Plumbing ~nspector
Dr. Jerry Cox Ci~:Physician
Charles Clark Journeyman Plumber
Robert C. Johnston Journeyman Plumber
Robert Barnwell, Jr. Master Plumber
Q~entin Bishop ~ster Plumber
Mark'C. Fleming City Engineer
RECREATIONAL TENNIS_ COMMITTEE
Dr. Monroe Father
Paul Speicher
Kenneth Jacobson i I'
Dr. Thomas Shoal
Andrew Gent plannlng/Zoning Board
LeRoy Merritt - Chairman Council
Kenneth E11ingsworth Chamber of COmmerce
James Love Merchant
R. C. Croft . thief of POlice
· John Gregory Fire Chief
John Kabler Realtor
Joe Kern Realtor
City Manager Ex-officio
The motion was seconded by Mr. Jurney and Carried unanimously.
X. B~garding a vacancy on the palm:Beach County Resources Development
Board, Mr. Jurney moved that Mr. Lawrence C. Smith be appointed to
fill the unexpired term of Mr. Harry C~rquest, the motion being sec-
onded by Mr.. Croft and unanimously carried~- Said te~m','~xpires on
october 1, 1967.
X. Regarding Rules of Order fok' Council meetings, Mayor Avery Said
that during last year Roberts Rules of Order were observed with the
exception that the councilmen voted alphabetically with the MaYOr
voting last, and with theCity AttOrneY being parliamentarian.
The same rules were unanimously approved for 1967, on motion by Mr.
Jurney and seconded by Mr. Merritt.
The meeting adjourned at 8:45 P.M.
R. D. ~ORTHING
City Clerk
APPROVED:
MAYOR
-4- 1-3-67
A regular meeting of the City Council of Delray Beach was held
in the Council Chambers at 8:00 F.M., with Mayor Al. C. Avery in the.
Chair, City .Manager David M. Gatchel0 City Attorney John Ross Adams,
and Councilmen J. LeRoy Croft, James H. Jurney, LeRoy Merritt and
George Talbot, Jr., being present.
1. An opening prayer was delivered by the Rev. Dominic Morris, O.P..
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the Organizational Council meeting of January 3rd,
1967, were unanimously approved, on motion by Mr. [4e~.~itt and sec~. .... '~.
onded by Mr. Jurney.
4. City Clerk Worthing read the following letter from Mr. F. H.
Olton, Aurora, Ohio, dated January 6th, 1967: ·
"I have just returned from spending the holidays with my
family in Delray and thought you might like to know how
much we enjoyed Four con~nunity and particularly the tennis
courts.
I first came to Delray five years ago on the recommenda-
tion of a friend, because of it being a nice =esiden-
rial-type community with tennis courts. Since then, I
have had the pleasure of visiting Delray twice a year for
periods of ten days to two weeks. This year was the first
time we brought 'our four children along and had a most
delightful vacation. We took tennis lessons every ~ay
and were very well pleased with Mr. and Mrs. Turber. They
not only were good teachers but also did an excellent
job in keeping the children interested. I believe that
the tennis courts are a real asset to your community."
4. City Clerk Worthing called Council attention to the De~lcatt~
of. Congress Avenue, Monday, January 16th, 1967, at 10:00 A.M. at the
intermection of GOlf Road and Congress Avenue west of Boynton Beach.
Further, that officials of the County, Boynton Beach and Delray Beach
are invited to attend.
4. City Manager Gatchel read the following letter from Mr. B. O.
Wood, Bo-Dei Printing Co., to Mayor Avery, dated December 29th, 1966:
"As a taxpayer of Delray Beac~ on a new building and lot
and owner .of a license to sell in the city of Delray, we
feel that we were given a raw deal in the awarding of the
1967 Water.Bills for printing.
The reason we feel this way is that we were informed by
Mr. Worthing that our price was $27.00 higher than the
price given by Southeastern Printing Company of Stuart,
Florida. It seems that in a case like this where there
is a next low bidder 4and so close) there could be some
method of awarding this to the next low bidder, taking
into consideration that he is a taxpayer, buys practi-
cally everthing from local merchants and does quality
printS.
We were further aismayed due to the fact that two years
ago we were told that our price was almost $200.00 less
than what had been paid in the past for the same job,
which would mean that the city saved at least $400.00
by dealing with us for two years. This year we had to
raise our price due to higher padex =sst and labor and
-1- 1-9-67
taxes which was still under the $200.00 savings the city
had for ~he past two years.
Now we put a price in that is within $27.00 of a firm
who obviously does nothing to make D~lray prosperous and
we lose the Job.
We are poor loosers, but we feel that whoever gave out
this job to the SoutheaStern Printing company has VERY
poor Judgement in awarding contracts, and we believe any-
one with a broad m~nd will feel. 'the sa~e.
We are going to the bother of writing this letter because
we feel we were ~not'treated right and the ruling bodies
of the city shoUld know w~at is going on and how their .'~
money is being spent and ill will is being created through
such poor judgement,
P. S. At the time of writ.lng this letter we received two
tickets for the Firemen~s Annual Ball, which include the
tickets, envelope and a card advertising the ball. We.
did not receive any opportunity to bid on these three
jobs, so we returned the tickets.' If things are going to
be on a bid basis we feel that all Jobs like this should
be put out for bid. What do you think?,'
Mayor Avery said there are regulations regarding purchasing, but
asked each Councilman to give this letter some consideration so that
it may be discussed in a workshop meeting.. Further, if Charter
changes on purchasing procedure are desired, the Legislative Clinic
will soon meet.
Mr. Croft said that in his opinion df people are not eligible to
receive a contract .if they are the low bidder,'why are they given the
opportunity of bidding on an item, and that if any screening is done
it should be done before an item. is put out to bid.
5. Mr. Jurney informed Council that the existence of a large sign on
Andrews Avenue, also an automobile with sig~s all over it had been
brought to his attention twice this week, Mr. Jurney asked if such
sign is permisaable under the City Sign Ordinance.
The City Manager said he is familiar with the sign referred to,
as he is with other signs over tow~ that are in violation of the City
Ordinances. Further, that this l~articular matter as well as other
matters brought to COuncil attention by the Beautification Comittee
has been referred to the Director of Planning, Zoning and Inspection,
and the following is an excerpt from a report from Mr. Smith.
"I feel this property portrays very vividly the sign problem
within the City. We have mar~f non-conforming signs with no .~
program to eliminate them. We have numerous violations as
to setbacks, banners and poor construction. If this property
is to be singled out as puculiar or unusual: throughtout the
City, we could take immediate action to rectify the problem.
However, the violations cited here are rife throughout the
City. I would not reconuaend any attempt to single 'out one
£ndtvidual to be made an example of. It is my recommendation
that the sign ordinance be comPIetely reviewed withe good
look at what goals and standards we wish to accomplish for
our City and then undertake a City-wide .enforcement with
reasonable time for complianc~ on all non-conforming struc-
tures and close control on all new signs."
Following discussion, Mr. Jurney moved that the City Manager be
directed to contact the .owner of said sign on ~Andrews Avenue and get
it removed since it is ~ ~residential area. The motion was seconded
by Mr. Merritt and carried unanimously.
5. Mayor Avery read a. PROCLAMATION stating that .the U. S~ Jaycees
have set aside the we~k of.January 15th - 22nd, 1967, to observe the
-2- 1-9-67
founding of the Jaycees and to con~emorate such ,founding b~ the
selection of an outstanding younq man in this con~vni'ty as the recip-
ient of the Distinguished Service Award, and proclaiming the week of
January 15th - 22nd, 1967, as JAYCEE WEEK.
Jaycee representatives present were Mr. Tim WOOd, Mr. James Grady
and Dr. Richard cason..
Dr. Cason asked Council permission for the Jayceee to use the
Conu~unity Center at 7:00 A.M.,.Monday, January 16th~ 1967 for a
Community-wide Prayer Breakfast, this being for two ~urposes.. Fizst,
to awaken or reawaken the Comuunity Religious interest, and second,
for the purpose of raising money for a donation to the campus minis-
tries who will be working at the Florida'Atlantic University with all
~ faiths represented.
Mr. Merritt moved that the City Manager be authorized to schedule
.. said use of the Com~unity Center provided it does not conflict with
.. ~ any of the programs, and if ther~ is a conflict that another time be
arranged. The motion was seconded by Mr. Jurney and carried unan£--
mously.
Mr. James Grady announced that the JAYCEE WEEK would start on
Sunday with the Jaycees attending Church services in s group, followed
by the Prayer Breakfast on Monday. He the~ outlined other activities
of the week.
5. Mayor Avery invited Mr. James L. Breedlove, District Manager of
Florida Power & Light Company, to the microphone. Mr. Breedlove
was accompanied by Mr. Charles Senior, former District Manager of
Florida Power & Light Company.
Mr. Breedlove presented the .City with a che~k in the amount of
$75,967.39, covering ~ranchise payment to the City of Delray Beach,
showing an increase over the previous year..
5. Mr. Merritt informed Council that the Florida East Coast Railway
crossing at S. E. 2nd Street is very dangerous at this time, and ask-
ed what could be done to get the company to rebuild that crossing.
Mayor Avery informed Mr. Merritt. that he had the right, as a
Councilman, to request the Cit~ Manager to-investigate this condition
and report back to Council what can be done to correct same.
Mayor Avery said that in the past, the intersection of S. E, .2nd
Avenue with 2nd Street had bean painted with stripes and. "stop", and
asked that the City Manager give priority to tho repainting at that
intersection.
5. Mayor Al. C. Avery informed Council that Mr. Alex Simon, owner of
property on the north side of East Atlantic Avenue Just west of the
. F.E.C. Railway, is interested in selling said property, and that
it might be possible for the City to purchase the property to Me
for off-street parking. Mayor Avery asked that the City Manager,
and Parking Committee explore the feasibility of the purchase of
that property.
[' City Manage= reported that he has had disCussion, with ~wo
The
members of the S/men Family, but to date 'does not have a letter to
the City offering the property.
5. Mr. Talbot aske~ that a feasibility s~dy be made regarding
painting of crosswalk~ on O~ean, Boulevard at various points as it is var
very difficult at times to cross Ocean BOulevard on account of heavy
traffic.
5. Mr. Talbot also requested the City Manager to have a feasibility
study made considering S. E, and N. E. let Streets being made' one-way
streets, or truck routes, which would take- a lot of' traff, ic off
Atlantic Avenue. Mr. Talbot said there may need to be condemnation
of some property at S. E. 1st Street, Or it may be taken care of
with s jog in the street.
-3- 149-67
It was mentioned that ,~he POlice Department and Planning and
5. ~. Taler asked khe s~a~us o~ ~e re~rt ~o ~e Corps of Eng-
ineers regaling the open~ng of 2he ~tl~k~c ~venue B~dge.
City M~ager Gatchel info.ed Cocci1 that ~he re~rt has just
been completed ~d will be ~n~ ~e mail ~[s week.
~. J~ said that he had observed the opera2ion of 2he bridge
fr~ his ~at ~d feels the bridge o~ra~r should open and close
~e bridge a little ~icker ~d that it should not be open~ so wide
for the small~ats.
6.a ~ Concerning a survey of p~cels of l~d
Nusi~ce la~ present~ ~ the City M~ager,
the City ~erk be eulogized ~ proceed wi2h
~apter 15~of, Code of ~din~ces, 2he'~tion ~ing seconded
Merritt .~d -~ously carried. (Co~ of Nuis~ce survey is attached
to ~e official co~ of these minutes.) see page 8-A.
6.b. City ,~ager Gatchel info.ed Council that the Legislative
Clinic, ~der ~e ~ai~ship of SensOr Jer~ ~omas, is scheduled
~ meet ~ the Cocci1 ~ers on ~esday, J~u~y 24th, f~om
8~00 A.M. to 12~00 noon. Further, ~a~ the Clinic ~s 'for the ~r~se,
in part, of receiving desired ~arter changes and o2her bills of
gover~ental nature from ~e. v~ious municipal~ties in South Palm
Beach Co~y. :
~e City M~ager suggested that the ~uncil sche~uhe ~y meetings
they desired with the City A~istration, ~d particul~ly the
City At~rn~, reg~ding ~ssible chafer ch~ges.
Mayor Ave~ m~tioned a ~ssible ~ter chugs reg~ding munic-
ipal elections.
~. Jurney asked if the Delray Beach reserve ~ea ~uld be pre-
s~ted ~ the L~islature again.
Mayor Ave~ mentioned a meeting to be held Wednesday, Janua~
llth, reg~ding a water ~ea~ent, facili~ ~d ~ditional sewer
~nstruction. ~d said the2 ~g conce~ing pro~sed legislat~on
could be ?discussed at that meeting.
,, ~e Ci~ Attorney was directed ~ make a list of ~y ~ssible
ch~ter changes ~d present ~ ~ Council at the Janua~ llth
meet~g. - -
6.C. ~e City ~age= inform~ Council of a re.est for pe~it to
dis~nse beer ~d wine for ~ns~ption off the praises, in conjunc-
tion wi~ ~e est~lished gr~e~ s~re ~ ~ "Ha~d a Gross
Cash a C~", locate~ at 1338 West Atl~tic Avenue, Fur~, that
all re~lations of ~e City. p~ta~ing to such application have been
met, ~d it ,is, ~erefore, reco~enaed that
~e re.eSt was ~an~usly .gr~t~. on ~ion
seconded ~ ~. J~.
8.a. C~ Cl~k Wor~ing Prese~t~ ~ION NO. 2.67.
A ~S~ON O~ T~ CI~ C~C~ OF ~ CITY
OF D~Y B~, ~IDA~ ,~G~N~ T~ N~ OF
(Co~ of Resolution No. 2-6~ is atta~ ~ the official co~ of
these m~nutes.) See ~age 8-B..
~e C~ Clerk info~e~ Council that the Pos~aster has agree~
that there is no conflict or objection on the part of the Post Office
reg~d~g ~is s~eet n~e ch~ge.-
Resolution,~o..2.67 ~s ~u.ly passed ~d adop~d on this
first ~d f~aI reading, on ~tion ~ ~; Taler ~a secon~e~ by
~. Jump. ' ,
-4- 1-9~7
8.b. City Clerk WQrthing presented RES0~UTION NO. 3-67.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IH, ERAY BEACH, FLORIDA, ASSESSING CO~TS FOR ABATIN(~
NUISANCF~ UPON CERTAIN ~ LOCATF. D WITHIN SAID
CZTY~' SETTING O~T ACTUAL COSTS INCURRED BY SAID
CITY TO ACCO~Ff-'ISH SUCH ABATEMENT AND LEVYI~G THE
COST OF SUCH ABATEMENT OF SAID NUISANCES, AND
DEC~.ARING SAID LEVY TO BE A LIEN UPON SAID PROP-
ERTY IN AN AMOUNT AS SHO~N BY REPORT OF THE CITY
.M.~NAGER OF DEI~JtY BEACH, FLORIDA.
(Copy of Resolution No. $-67 is attached to the official copy Of
these minutes.) See page 8-C-D.
Resolution-No. 3-67 was unan/~ously passed and adopted on this
first and final reading, on motion by Mr~ Merritt and seconded by
Mr. Talbot.
9. Mr. Merritt read the Beautification Committee meeting minutes
of January 4th, 1967, and the following items were considered by
Council.
{1) "Mr...J~t Smith reported that the violations concerning, Junk-
yards are being investigated. However, the basic problem ie what to
do with the junk vehicles and equipment AFTER enforcing the ordinances.
The con. nitres recommends that the City CoUncil urge the County Com-
mission to consider the services of an auto shredding machine on a
county-wide basis."
Concerning item 1. ~4r. Merritt informed Council that he had
talked at length with the City Manager today, and that he dosen' t
think there is any action that can be taken now. That the present
ordinance will be looked into. and also there is a possibility that
a shredding machine may be located in Lantana.
(2) "Mr. Art Smith also reported on the diffiCUlty of enforcing
the present sign ordinance in individual cases. The con~aittes
recommends that the Council have the Planning and Zoning Board review
and strengthen the entire sign ordinance and then carry out a City-
wide enforcement after a reasonable length of time.
Concerning Item 2. It was so moved by Mr. Merritt,
Mr. Jurney and unan/mously carried.
(3) "Mr. Parker reported on the litter problem created by hand-
bills in the western sector and-requested that the distributors be
notified of any violations of the ordinance.
.Concerning Item 3, .Mr. Merritt expla/~ed that Mr. Parker had
reported that on Saturdays young children or helpers would be loaded
on a truck with the hand bills and the bills would be thrown off the
truck into the yards or any~hare, and ~uld just become litter.
Mr. Merritt moved that the distributors be notified of any
violations of the ordinance, the motion being seconded by Mr. Jurney
and unanimously carried.
(4'~~ "Mrs. Evaul moved that the group's origina~-name, "Civic
Beautification Coordination Committee", be officially changed to
"City Beautification Committee". Seconded by Mrs. Plume and carried.
Concerning Item 4. Mr. Merritt moved that said name change be
official, the motion being seconded by Mr. J~rney and unanimously
carried.
X. Mr. Talbot suggested that the City Manager contact the City
Insurance Agents to see if there Id any possibility that the fence
behind the Publ~ Store could be covered in the City insurance program
without any extra premium.
-5- 1-9-67
10.a. Mr.. J. William~chmalz, 200 And=ewe Aven~e, informed Council
of having contacted F~nk J. Rooney, Inc. concerning the litter, c~ua~d
by their construction employees.
Mr. Schmalz mentioned the litter from construction employee
lunches at other building sites, and suggested that the City require
the bu£1ding contractor to police the grounds during construction.
Following~ discussion, Mayor Avery said this item would be referred
to the City M~ager with instructions to either alleviate the situatior.
or come back to Council with recommendations concerning same.
10.a. Mr. Ed. Schmidt, 308 North Swinton Avenue, asked what the
decision of the Planning/Zoning ~oard was after holding a public
hearing on December 20th, 1966, involving people on Swinton Avenue
for. one block south and one block north of N. E. 3rd Street.
Mayor Avery informed Mr. Schmidt there is nothing under reports
on that item.
Mr. Schmidt asked if the peol~le concerned would be notified when
that item comes before Council, and Mayor Avery said that proper
advertisement would be given before an Ordinance comes to Council on
second reading, and if there are people that he would especially like
to have notified the names could be given to City Clerk Worthing for
that purpose.
Mr. Schmidt said he had attended a Public Hearing held by the
Planni~lg/Zoning Board on January Sth, 196.~, and asked when the results
of that hearing would come before the Council.
Mayor Avery informed Mr. Schmidt that he did not know When such
report would be presented to Council, but if it resulted in an
Ordinance, there would be first and second readings of the Ordinance
with publication prior to the second reading.
10.x. City Manager Gatchel reporte~ that a meeting with the archi-
tect and .coD~tr&.~r on the Adult Recreational-Center indicates a
completion date of the building,Wednesday, January 11th, the build-
ing being available for use on January 12th. Further, that the
shuffleboard courts would be delayed to some extent because of the
necessity of moving the old awnings to the new building, and those
courts would be ready for use on Friday, January 20th.
Mayor Avery mentioned a plaque and dedication ceremonies for that
building, and the City Manager said he would come to Council at a
later date concerning those items.
10.x. City Attorney Adams reported to Council as follows~ "The
City has been served with a complaint for an injunction involving the
south beach and the purchase of it which ~ae.=oRsua%~ about
ago. The reason I bring this up is that it ~as just served today
a~d ! have gone through it more for clarification than anythi'~g else.
They are asking two things. The are asking the Court to enjoin the
use of the property as a public beach because it is in violation of
restrictions and covenants, and also in a separate count they are
asking that the City be enjoined from spending public funds for
developing ~a...P~bli~ beach' ~here.
As you Will recall, When we bought., the property, I wrote a
· memorandum in December, 1965, ~ating out there were restrictions
which expire January 1, 1970, restricting the use of the property
to hotels, clubs, apa~me6~houses, motels, villas, cabanas, cottages,
shopping centers and/or residences together with customary and
accepted appurtenances. At that time I pointed out that in.
probability a court would hold that a municipal beach would fit
within these restrictions and even if it wouldn't fit w~t~n'thos~
restrictions it was my opinion that the law, at least at that time,
was that these restrictions don't apply to a governmental body.
You have twenty days to file an answer to the suit... At times I
have filed answers and at times I haven't, but unless somebody
specifically tells me not to, I will go ahead and. file a motion to
dismiss because I don't believe it states any kind .of=a cause for
-6- 1-9-67
action against the City. The fu~ were validated. They were funds
that were received as a result of a validation suit of a bond issue
where the purchase of a public beach was specifically enumerated.
Unless there are any objections, I will go ahead and file the usual
motions on this."
Mayor Avery polled the Council and the~ebeing no objections he
instructed the City Attorney to file' the v~ual motions.
10.x. Mr. Jurney referred to the Ordinance on conditions of sea
walls and said he felt the ordinance Should be enforced as there are
many violations.
City Manager Gatchel informed Council that he has a report from
the City Engineer relative to'a number of sea wall violations in
Tropic Isle Subdvision and that he desires to:~discuse this matter in
workshop session with Council.
10.b. City Clerk Worthing presented Bills for Approval as follows:
General Fund $77,207.59
Water Operating & Maintenance Fund 4,617.57
Beach Disaster Fund 23,000.00
General Fund - Sinking Fund 17,888.19
Cigarette Tax Fund 5,358.00
Sewer Construction Trust Fund 72,224.54
The bills were unanimously ordered paid, on motion by Mr. Croft
and seconded, by Mr. Merritt.
X. Mayor Avery announced that the Council meeting at 8:00 P.M. 0 Wed-
nesday, January llth, 1967, concerning the water treatment facilit~
and additional sewer construction, 'would be called as a special
meeting, and would~ also be for the purpose of considering any other
business that may cOme before that meeting.
The meeting adjourned at 9-.1.5 P.M., on motion by Mr. Merritt and
seconded by Mr. ~urney.
City Clerk
APPROVED =
MAYOR
-7- 1-9-67
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
and SECTIONS 15-3 and 15-4 OF TH~ CITY CODE.
PROPERTY CITY
1.
Fairfield Apts., 1342 A.I.~-Dupont Lots 2 thru 5, and
' .Inc. Bldg. South 23.47! of Lot 15-3 &
c/o Chelsia Title Miami, Florida 33131 6, Clarke Rungs Add. 15-4
2.
Miriam N. Brown 414 N. E. 7th Avenue unimproved portion of
Cohen Delray Beach, Fl&; Lot 31, Hallera 15-3 &
Grootman ' s 15-4
3~
Joseph T. Dolan & 193 Rockland Road Lots 12 thru 19, Blk. 15-3 &
T. J. Dolan Fairfield0 Conn. 06430 12, Osceola.Park 15-4
George Robert & East vacant part of
Frances Orean 127 N. E. 1st Avenue Lot 2 less W 16' & .
Ferguson Delray BeaCh, Florida Lot 3 less E 28' Blt.
1, Bellview Ma~or 15-3
Violations 15-3 and 15-4 as concerns this report are as follows:
1. 15-3 - Trash
15-4 - High weeds
2. 15-3 - Loose. trash & Junk of all kinds, dead tree
15-4 - High weeds, vines, overgrown hedges, etc.
3. 15-3 - Logs and branches
15-4 - High weeds and pines
4. 15-3 - Junk & loose trash (old car parts & loose lumber)
Submitted to the City Council by the City Manager
on this the 9th day of January, 1967.
RESOLUTION NO. 2-67.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, PLOP. IDA, CHANGING
THE NAME OF SHULSON STREET TO BAY STREET.
WHEREAS, the property owners residing on SHULSON
STREET, a public right~of-way lying between South Ocean
Boulevard and Venetian Drive in Section 16-46-43, have
requested that said public street be renamed BAY STREET,
NOW, THeREFORe, BE IT REsOLvED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA:
1. That the name of SHULSON STREET, located with-
in the City of Delra¥ Beach and lying between South
Ocean Boulevard.and' Venetian Drive. be and the same is
hereby changed to BAY STREET.
PASSED AND' ADOPTED on this 9th day of January, 1967.
ATTEST
OPERTIES IN VIOLATION OF ORDINANCE NO. G-147
a~~ SECTIONS 15-3 and:lS-4.OF THE CITY CODE.
Fairfield Apts 1~42 A. I. Du~nt Lots 2-$ 'an~ th
~nc. %Bldg. ~ 23.47' of L~.6, 15-3
c/o ~elsia Title ~i~i, Fla. 33131 Clarke Run~e Add. 15-4
Miri~. N. Bro~ 414 ~. E. ~th Avenue Lot Haller
Cohen Delra~ Beach, Fla. Gro~'s 15-4
~ /
/
5 /
Robert L. Jr. & ' S"'~10' of Lo~s 24 & 25
E~ith C." ~re 1466 pelican lees E 133'
c/o J. ~W. "Elliott Delray BeaCh, ~a. that ~tton of S 110'
~ of Lot 11 lying E of
E'ly ~ l~ne of Intra-
/ ~ coastal W~ less
/ 't Sec. 9~46-43~ 15-4
/
/
G~r.ge Robert ~ / ..
F~ances Ore~ 12~. E. 1~ Avenue.. h ~a~t va~an~ par~ of
'~ot 2
Ferguson De, ray Beach. Fla. ~ot 3 less E 28*,
// B~k. 1, Bellvi~ M~o= 15-3
/
/
Viola~io 5-3 and 15-4 as concerns this rXor~ are as follows~
1. 15-3 / ~ash ' .
1~-4 - High weeds ~ pines
,4. ~5a4 - High ~eds
Junk & loose trash (old car par~s a loose,~,,l~er)
°n this the 9th day of J~uary, 1967.
RESOLUTION NO. 3-67. 8-C
A RESOLUTION 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 TH~ CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach, did, in
reqular///~/~////////// session held on the 12t. h and ..2.6th
September, 1966 .. declare the existence of .a nui-
sance upon certain lots or parcel's' of land, described in a list sub-
mitted to them, for violation of the provisions of Ordinance G-147;
WHEREAS, pursuant to such declaration, the City Clerk of said
City did furnish each of the respective owners of the lands describe&l
in said list with a notice describing the nature of the nuisance aha
that they must abate said nuisance within thirty (30) d~, failing
in which the City Council would have it done, and the cost thereof
would be levied as an.assessment against said property; and
WHEREAS, the owners hereinafter named did fail a~. neglect to
abate the nuisance existing upon their respective lan~s within the
time prescribed in said notice and Ordinance G-147, and the City of
Delray Beach was. required to and did enter upon the followimg Lands
and incur costs in abating the nuisance existing thereon as described
in the aforesaid list; and
WHEREAS, the City 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, .BE IT RESOLVED 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-
eels 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 sale and foreclosure as city taxes are collect-
ible.
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 and 26th of September, 1966
order the abatement of a certain nuisance existing o~n'' their described
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 resolution shall become effective 30 days from the
date of adoption, and the assessments contained herein shall become
due and payable thirty days after the mailing date of the notice of
said assessment,, after which interest shall accrue ak the rate of 6%
~er annum on any unpaid portion thereof. "'
.JanuPAaSr~ED A~ ~D. DOT~6i7n..re~ular session o~ t~~
COST OF ABATING NUISANCES UNDER ORDINANCE NO. G~147.
PROPERTY DESCRIPTION OWNER ASSESSMENT
September 12, 1966 list.
North 50 feet of South 150
feet of West 135 feet, Block John D. & Fredrica
33. Halstead $19.00
L~t 3, Block 34 Lyn-Ray C6rp $29.50
Vacant part of Lot 3, Block 63 ~e~l~StedO-C'.&~ I. $29.25
Campbell
September 26~ 1966 list. ' ............
Lot 31, Block .B, Tourist Nook Ozie Bell Brown $30.00