01-23-67 A ~:e9'ular meeting of the City' Council of Delray Beach was held in
the CounCil Chambers at 8g00 PoM., with Mayor Al. C. Avery in the
Chair, City Manager David M. Gatchel, City Attorney John l~ss Adams,
and Councilmen Jo L~l~oy O'S'oft, James Ho Jurne¥, l.,eRoy Merritt and
George Talbot, ~r., being present.
1. An opening prayer ~as delivered by Dr. Frederic F. Bush,
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular Council meeting of January 9th and
special Council meeting of January llth, 1967, ware unanimously ap-
proved, on motion by Mr. Croft and seconded by Mr. Jurney.
4. City Clerk Worthing presented the following request from the
American Legion Milton-Myers PO. St No. 65, dated January 17, 1967=
"Milton-Myers POst No. 65, American Legion, respectfully requests
permission from the City Commission of Dalray Beach for the use
of the recently acquired property on S. W. Second Avenue, off West
Atlantic Avenue immediately behind Moreley~s Standard Service Sta-
tion, to hold a carnival. We would also like to have a permit to
hold this carnival on the property for approximately one week dur-
ing the month of February, 1967.
We previously had the. use 'of this land for the same purpose
from one of the earlier owners. We would carry proper insu~ance
covering both the City of Dalray Beach and ourselves from all
liabilities.
The funds derived from this enterprise would be used for the
support of the Post and its activities. We have for many years
sponsored the Little League Baseball activity, sent boys to
American Legion Boy's State at Tallahaasee, sponsored patriotic
observances and spent considerable time and money on vetaran's
affairs and the support of local charities and organizations.
In view of the above, if permission for the use of the prop-
erty and permit to hold the carnival is granted, we would also
appreciate the waiver of the license fee.
The members would appreciate ~our kind consideration of our
request."
The City Manager recommended that if Council does grant approval
for said carnival, that it be on the property to the south of Sterling
Field where the Radio Club recently held its ~azlLtval, and that it be
granted subject to the provisions of Ordinance No. 60-66; further, that
the requesting organization have its appointed representative contact
City Hall. to obtain forms for approval by the various City departments
concerning temporary structures.
Following a question by Mayor AVery, the City Manager reported that
a permit fee was not charged the Delray Beach Radio Club for its
carnival.
Mr. Jurney moVed that the request of the Milton-Myers Post No. 65
be granted subject to the =ec~x~aendations of the City Manager, the
motion being seconded by Mr. Marritt.
Mayor Avery asked that it be included in the motion that the same
treatment be given as to permit fee that was given the. R~dio Club, and
said addition was accepted to the motion and second.
Upon call of ro11, the motion carried unanimously.
4. City Clerk Worthing read the fOllowing comunication addressed to
the Mayor and .City Council and signed by twenty-two property owners:
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.14.
"Re= Lots 21 and 22, Palm Beach Shore Acres - O~ner - Harold ~.
Roig.
We, the undereiqned,, hereby enter caw objections to the zon-
ing o£ the above described property being .changed £rom the classi-
fication R-1AAA to any other classi£ication of zoning, and request
that we be notiftedr of. any proposed-change .of zoning classification
prior to its being~ placed upon the agenda o£ the City Council of
the City of DeLray BeaCh, Florida." ~
The City Clerk asaureli Council that the request ~ould be complied
with o
5. ~:. ~urney referred toithe traffic cor~iitions on 1~. E. 3rd Avenue
and 8th Street, and reported that as you travel southerly on 3rd Ave- '",
hue and approach Sth Street there ia a "No Left Turn" sign,. ~hich has
been reported by several people du~ing the past t~o ~eeks to be con-
fusing to them. He asked if there coUld r be a restudy of that traffic ~
problem to arrive at something a little more simple than exists there.
Said item was re£erred to 'the City ~anager, with a request for a report
on same at th~ next C~unc~l meeting.
5. 1~,-~e~itt in£ozmed Council that on April 7th and 8th the Chamber
of Commerce will again sponsor the "Delray Affair" and t,hat Y~. ~ohn
Bordeman, P~esident of the Chamber of Commerce., asked him to request
Council pemission for the Chamber to hold the "Delray Affair" and also
for permission to eliminate parking at that time on Atlantic Avenue
from the F.B.C. Railway t~acks eastward to 6th Avenue.
Y~o M~rritt moved that the request be granted, the motion being
seconded by ~Lr.. ~urney and unanimously, carried.
Y~. ilerritt asked if they could again expect the splendid coopera-
tion of the Police Department.
5. Hr. Nerritt info~med ~ouncil that he has, received many complaints
regarding dogs running loose, and asked if something could be done to
correct that situation.
During discussion Mr. Talbot moved that the City Manager have ~he
City Atto=ney investigate ~hat the surrounding communities have adopted
in the way of a leash, law,and to prepare an appropriate dog leash ordi-
nance to be presented at ~he next ~egularly scheduled Council meeting.
The motion was seconded, by Hr. ~ierritt.
City AttO=ney Adams infoZmed Council that this item had come up
numerous tim~s and that he would prepare the material but it ~ould be
up to Council to make the ordinance aa restrictive as it wishes.
~ayo= Avery suggested that the motion be amended to permit him to
appoAnt Councilmen Marritt and ~urney as a Committee to work with the
City Atto=ney in the preparation of such an ordinance and that the ordi.o
nance be presented for Council consideration at a time the. Attorney and
Committee dictates. '
Hr. TaLbot and I~. Marritt ,accepted that .amendment to their motion
and second, and upon call of roll, the motion card,ed unanimously.
Following a question, City Manager Gatchel ~eported that the pick up
Of stray dogs is not handled on a daily basis, but dUe to the provisiona
Of the ordinance is handled on · ~eekly basis. .Further, that the do~
pound is filled at'this time, and it is his hopes ~hat it will be filled
every Saturday.
5. Hr. Talbot asked ~he C~ly Attorney cE the latest date that legiSla-
tive action for charter chanqes can be made, and City Attorney Adams
said he presumed it would be as it had been in the pest, which wOuld be
the last day that the Legislative 9~oup holds a clinic. Further, the
Legislative Clinic to .have, been held in Delray Beach on ~anuary 24th
has been postponed, and t~ his knowledge no other .date has been set.
Hr. Talbot informed Council it is .his opinion that the Mayor should
be selected by the Councilmen from their group, instead Of being electe~
by the people. He asked that the City~anager furnish him the views of
the Florida League of ~unicipalities on the matter of having an elected
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mayor with the City Manager form of government, or whether they feel
that with the City Manager form of government that there be the elec-
tiOn of five councilmen and they choose the mayor from among themselves.
Mayor Avery said when this information is obtained it could be pre-
sented to Council ate workshop meeting.
Mr. Talbot pointed out that even though this Council asks for such a
change, it would have to come back to the people on a referendum.
5. Mayor Avery referred to the following letter from Himes & Himes,
Certified Public Accountants, dated January 16, 1967:
"Durirtg the course of our examination of the accounts of
the City of Delray .Beach, for the year ended September 30, 1966,
we noted certain mat~ers which we bring to your attention. These
matters have been. disaussed, previOusly with the Finance Director.
In the process of verifying cash receipts, we noted that there
were no documents for accounting control prepared by the employee
first receiving checks or cash by mail. We again recommend that
mail receipts be listed by an employee whose duties do not include
recording or maintaining books of original entry or customer ac-
counts.
We again recommend that an inventory be taken of gas, oil,
tires and par~s carried in the Central Garage 'Supplies for In-
ventory' account on September 30th of each year, and the amount
shown on the Balance Sheet as an Asset.
We again recommend that the Reserve of Sinking Fund Bonds
and Interest be increase~ by restricting Unappropriated Surplus
to the same amount of cash on deposit as required in accordance
with the bond ordinances and indentures.
We recommend that a procedures manual be .prepared covering
the various duties of employees involved in the City's revenues
and expenditures.
We recommend that ~he City, with the help of the City's
Fiscal Agents., make a concerted effort to locate the missing
matured and cancelled interest coupons of the Cigarette Tax
Bonds, Series 1965, totaling $21,597.50."
With Council agreement, Mayor Avery requested that the City Manager
analyze this item a~ld assure the Council, bY letter to the Councilmen,
within the next two weeks, that either these recommendations have been
complied with, or the reasons why they have not been.
5. Mayor Avery referred to a new stove that had been donated for the
Adult Recreation Complex and accepted by the City, and informed Council
that it had been questioned whether or not the donors name could be
placed on said stove since it is now City property.
Mayor Avery relinquished the gavel to Vice-Mayor Jurney and moved
that the City Manager be authorized to put the name of the do, or on
any gift donated to the City and accepted by the City Council. The
motion was secgnded by Mr. Talbot a~ carried unanimously.
6.a. The City Manager informed Council that attached to the agenda was.
the Delray Beach Library application for permit to solicit fun~s with-
in the City during the first two weeks in April! further, that the
Charitable Solicitations Committee has reviewed this application and
recommends the request be granted for the periOd of time specified.
Mr. Marritt moved that the request be granted, the mOtion being
seconded by Mr. Talbot and unanimously carried.
6.b. Concerning lands ava41able for re-opening of Davis Road, City
Manager Gatchel reported to Council aa follows:
"Council, on November 14th, authorized me to negotiate with the
o~ner of Lots 22,' 23, 24 and 2S, Breezy Ridge Estates, who, at that
time, offered said parcels to the City for $12,000.
Negotiations 'with the' owner of ~he~e lands has resulted in a re~ .
vise~ offer of $60500.
Should said Lots 22, 23, 24 and 25 be acquired by the City, it would
then be possible to provide egress and ingress to Atlantic Avenue from
Sudan Subdivision and Delray Shores, over a 2S foot right-of-way result-
ing from the dedication of necessary lands by several i~ividuals, and
the Lake Worth Drainage District, all of which have been obtained by
the administration.
Council Pleasure is requested, and necessary funds to provide for
such acquisition are available only from the General Fund Contingency
ACCount."
Mayor Avery said the County should have an interest in the opening
of Davis Road, and that they should again be given an opportunity to
participate in this= further, that he would entertain a motion that the
City Manager be directed to contact the County and see if there is any
area of participation by them. It was so moved by Mr. Jurney and sec-
onded by Mr. Talbot.
During discussion, City Manager Gstchel informed Council that to the
best of his recollection there was a verbal commitment by the County
Commissioner and County Engineer relative to the Davis Road situation
that if the City would provide the right-of-way, ~he County would build
the road.
The question was asked as to whether the County would then maintain
the road, and the City Manager said it was his understanding that the
County would then accept it in the County maintenance program and main-
tain the road,
Mr. Robert Estes, 22 N. W. 24th Avenue, Breezy Ridge Estates, asked
Council and the City Manager why, with the opening of Congress Avenue
in the near future, should the City be involve~ with the expense of
opening Davis Road?
It was pointed out to Mr. Estes that Sudan Subdivision, lying to the
north, had been annexed to the City with ingress and egress over Davis
Road, and that it is to the best interest of properties within the City
that DaVis Road be opened..
Mr. John Sword of Breezy Ridge Estates informed Council that when
~st Atlantic Avenue was widened it had been built on a higher grade
than the old road and left their subdivision in a gully. He asked if
Davis Road would be constructed at as high a grade as Atlantic Avenue
if it is opened as proposed?
Mayor Avery said that the engineering would have to be approved at
a later date if a decision is made to bring Davis Road out onto Atlan-
tic Avenue as suggested.
The City.~danager said there had been no engineering or feasibility
study made on this item and no contact with the County, as all that the
Council had requested in November, 1966, was that the owner of Lots 22
thru 25~ Breezy Ridge Estates be negotiated with regarding price for
said lots.
Mayor Avery. requested that Mr. Sword's thinking be considered in
the engineering study, .if and when there ia any procedure on this item,
.~Upon call of roll on the motion that the City Manager contact the
CoWry regarding participation on this item, the motion carried unani-
mously.
6.c. Concerning lands a~ailable f~r additional parking facilities, City
Manager Gatchel reported ~o Council as~ follows:
"Lot 11 and the ,East 10 feet of Lot 10, Block 84, have been made
available to the City, for a price not yet determined, as a possible
addition to,the parking facilities for the City.
This parcel of land lies adjacent to, and west of the F.E.C. Rail-
road right-o.f-way, with a frontage of 47.5 feet on the north side of
Atlantic Avenue~ a ~epth of 140 feet, and comprising 8,260 square feet.
Such area would provide approximately only 21 spaces for car parking,
per sketch attached to the.~agenda.
It is recommended that Council refer this offer to the City Manager
and the Traffic and ·Parking Committee for review, analysis and recom-
mendation to Council at the next regular meeting." It was so moved by Mr. Talbot.
Mayor Avery asked that it be included in the motion that the Traffic
and Parking Committee be requested to discuss, with Mr. Simon his asking
~ price for said property in order'~ that it may be a point in the recom-
mendation.
Mr. Talbot included that addition to his 'motion. The motion was
seconded by Mr. Merritt en~] carried unanimously.
7.a. City Clerk Worthing informe~ Council of a ~tition having been
received from the owner of. Lots 3, 4 and 5, BLock 1, and LOts 5 and 6,
Block 2, Colonial Heights S/D, requesting reclassification of said pro-
perty from its present R-lA zoning to R-2 (One and Two Family Dwelling
District). ~urther, that Council may deny this petition or refer same
to the Planning/Zoning Board for s public hearing to be held thereon,
and the Board'tsrecommendation to Council following such hearing.
Said rezoning request was unanimously referred to the .Planning/Zon-
ing Board, on motion by Mr. Merritt and seconded by Mr. Croft.
8.a. City CLerk Worthing presented ORDINANCE NO. 65-66.
AN ORDINANCE OF THE cITY OF DELRAY 'BEACH, FLORIDA, LEVYING
THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED'
BY THE CITY MANAGER OF SAID CITY, FOR CONSTRUCTION OF SIDE-
WAL~S (5) FEET IN WIDTH WITHIN THE STREET RIG~TS-OF-WAY OF
VARIOUS STREETS IN THE ~STERN SECTOR OF THE C~TY AS IDENTI-
FIED
(Copy of Ordinance No. 65-66 and accompanying Assessment Roll are at-
tached to the official copy of these minutes.) See pages 22-A~.~
There being no objection to Ordinance No. 65-66 and accompanying
Assessment Ro11,' said Ordinance was passed and~ adopted on. this second
and final reading, on motion by Mr. Jurney and seconded by Mr..-Croft.
9.a. City Clerk Worthing informed Council that as a result of Council
directive at its regular meeting last November 28th, the Planning Board
submits the following recommendation relative to multiple residence
zoning an~ con~itio~al use thereint
"The City Planning and Zoning Board in conjunction with the
Planning and Zoning Department have for several months been in-
volve~ in a review of the cityts multiple residence zoning as re-
lated to both the text of the Zoning OrdinanCe and the official
'zoning map.
The Board felt that much of the major development throughout the
city was presently involved with the R-2 (One and Two Family Dwell-
Lng District) zoning districts and the conditional use or special
exception provided for in these districts. This development and
apparent inadequacy in the existing code prompted the Boar~ to take
action prior to the development of a comprehensive plan for the
entire city,
Inventory and analysis was made on the exi'sting land use on all
residential zones throughout the city as well as age and condition
of structures and existing vacant property. With this infor~Jtion
and preliminary review of topography, ownership and o~her conditions,
the Board was able to make reasonable recommendation for change in
the ordinance to comply with prior requests for development and ex-
pected future trends.
The Board held a preliminary hearing January 5th, 196-7, in the
Council Chambers to present the proposed ordinance and district map
changes.
Copies of a schedule of District Regulations are attache~ hereto.
These regulations would be provided in ordinance form to replace the
existing R-2 (One and Two Family Dwelling District) and R-3 (Multiple
Family Dwelling District) section within the present ordinance. A map
prepared by the Planning a~ Zoning Department outlining the R-2 and
R-3 zoning district' throughout the city and the new zoning classifi-
cation that the Board recommends for each district will be available
for Council review.
The Board unanimously recommends that Council adopt the proposed
changes to the text o£ the zoning or~i~a~lce as well as the official
zoning map and would like to express our sincere and respectful desire
to meet with .Codicil at your.convenience."
With COuncil agreement, Mayor Avery directed ~he City Manager to
schedule a Council workshop' meetingat theearliest possible date with
the Planning/Zoning Board.
Mrs. H. Hotchkiss Ned1 referred to an item in the last issue of the
Delray Beach NewS-Journal and said that the Council stated: "We must
also, in any consideration of zoning changes, consider the-home owners,
the investments in their properties and ~heir right to be protected
from any possible loss of property valuesJ~ Mrs. Ned1 asked why the
Council is concerned with property values att his time when just a year
ago it permitted a super market to be built which devaluated the proper-
ties on N. E. 1st and 2n~ Avenues.
City Attorney Adams cautioned Council in making any reply to the
question since Mrs. Ned1 and a group of people have filed suit for
damages against the City for the very same reason.
Mayor Avery pointed out that the rezoning of the Post Office block
was done several years ago, and not by the Council of last year.
Mr. Jo W. Schmalz, 200 Andrews Avenue, said be is happy that the
Council say they are taking the people of Delray Beach and the value
of their property into consideration when rezoning is considered.
Mr..Owen Bancroft, 601 N. E. 8th AVenUe, informed Council that he is
opposed to spot zoning in general, and is opposed to the rezoning of
N. E. 7th Avenue.
Mr. T. L. Perkins, 520 N. E. 7th Avenue, informed Council that he is
opposed to rezoning N. E. 7th Avenue.
9.b. City Clerk Worthing read the Planning/Zoning Board report, dated
January 19th, i967, regarding the public ~earing held by it on a.re-
quest for rezoning of Lots i thru 6 and Lots 19 thru 24, Block 4,
Rosemont Park S/D, from R-lA to R-2 claSS~fication.
The following is an excerpt from sai~xeport:
"After consideration of all opinions and review of the above
described property, the Board unanimously recommend.ed that the
petition be denied as it would create spot zoning in an area
not platted for Duplex Zoning and not conducive to the addi-
tional traffic demands of R-2 density."
The recommendation of the Planning/Zoning Board was unanimously sus-
tained, and the petition denied, on motion by Mr. Croft and seconded by
Mr. Merritt.
9.c. The City Clerk read a Planning/Zoning Board report, dated January
19th, 1967, regarding a public hearing held by it on a request for
Permissive Use for Church improvement on property in Lot 11, Section
8-46-43, located at 510 North Swinton Avenue.
The following is an excerpt from.~aid report:
"Art Smith advised the petitioner a more complete layout should
be made available to the Board outlining the total building plan,
including the parking and paved areas, as this is the only way
the Board could pass on this request.
After consideration and review of the above described property,
the Board unanimously recommended that any decision be deferred to
allow thirty (30) days for the submittal of plans by the petition-
er of any proposed development on this site. If no plans are pre-
sented within the prescribed ti~e, the petition should be denied."
Mr. Merritt said that he thinks the traffic and parking problems
that have been pointed out in past discussion of this matter are seri-
ous problems; further, that he does not feel it would be fair to the
Church to prolong this another thirty days, with additional expense for
preparation of plans of proposeddevelopment, and the outcome be the
same.
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Mr. Merritt then moved that the request for permissive use be de'-
nied, the moti°n being seconded by Mr. Jurney and unanimously carried.
9.d. The City Clerk read a Planning/Z°nlng Boardreport, dated January
19th, regarding a public.hearing held by it on a request for rezoning
Lots.l, 2 & 3, Block 81, from R-2 to 'C-2 classification, and the follow-
ing excerpt from thatreport reflects the recommendation of the Board:
"After review of the PropertY, the;Board Unanimously ~Fecommended
that any decision be deferred to allow a study of all R-2 property
on this Block from-North East 2nd Avenue to the Florida East Coast
Railroad, and south of 4th Street."
The recommendation of the Planning/Zoning Board was unanimously
· sustained, onmotion by Mr. Jurney and seconded by Mr. Talbot.
10.a. Mr. Ed Schmidt, 308 North Swinton Avenue, asked about a report
from the Planning/Zoning Board following a public hearing held on
December 20th, 1966, involving Lots 1, 2 & 3, Block 66.
The City Clerk informed Mr. Schmidt that the Planning/Zoning Board
had reported on that public hearing at the December 28th, 1966, Coun-.
cil meeting and had asked that any changes in zoning to Multiple Fami-
ly be deferred until the proposed revision of the Zoning Ordinance is
completed. Further, that no action has been taken on the request re-
ferred to, and at such time asaction is contemplated Mr. Schmidt will
be advised, as directed by Council.
10.a. Mrs. Dorothea G. Montgomery informed Council that in leaving
the Post Office Shopping Center parking lot from the center of that
block it is very diff!cult on account of parked cars to see traffic
approaching from the north.
With Council agreement, Mayor Avery referred this item to the City
Manager for study by the Traffic Engi~ee~ing~Department.
10.a. Mrs. Montgomery Sa~d that several years ago the only time there
could be a change ~n zoning was during, themonths of December through
May, but it hadbeen changed to where zoning changes could be made
during the entire year. She suggested that it might b~ well for Coun-
cil to consider making a change where rezoning W°uld only bepermitted
during those few months of the year and have that as a Charter provi-
sion even though it did require a referendum.
lO.a. Mr. J~ Wm. Schmalz referred to a letter he had written on
November 8th, 1966~ suggesting a charter change permitting a tenant
stock hol~er in a Co'op to be eligible to qualify for the position as
a City councilman.
Mayor AVery informed Mr. Schmalz that the City Attorney had taken
that request under advisement and it would be discussed at a Council
workshop meeting concerning legislative matters.
lO.a. Mr. Schmalz said that at a prior Council meeting-the unsightly
~igns across the street from his property on Andrews Avenue had been
discussed.· He asked if it is necessary to obtain a permit before a
sign is placed on a property.
Mr.A.W. Smith, Director of Planning, Zoning and Inspection, said
that it depends on the size of the sign whether or not a permit is
necessary~ further, that the signs on sa~d property have been inspected
and the existing signs do comply with the existing regulations of the
City of Delray Beach.
The City Manager said that he and Mr. S~ith recommend a study of
what is needed in a sign ordinance andto proceed accordingly.
There was lengthy discussion regarding the sign ordinance and
explanation by'Mr. Smith.
10.x, City Manager Gatchel reported that the Florida Board of Con-
servation, which is the Cabinet, is holding a public hearing in
Tallahassee on T~esday morning,~".January 31st, for the purpose of
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hearing reqeusts and plans of various governmental bodies and .in-
dividuals concerning anything in the nature of water resources
velopment from which the Board will develOp its program for the next
bi-annum.
The City Manager informed COuncil that Mr. W~. Carl~on of the De-
partment of COnservation recommends that the City of Delray Beach be
.represented there, not only to support the program of the Florida
shore and Beach Preservation AsSociation, but to put in its name in
consideration of state funds if and when the time comes that the City
wishes to extend the revetment area from its present southerly terminus
to the vicinity of Atlantic Avenue.
The City Manager reported that he had discussed this item with
Mayor Avery who feels the City should be represented at that meeting
next TUesdaY~ further, if .Council concurs, plans will be made for
those wishing to attend that meeting.
Mr. Talbot moved that the City Manager and any other Councilmen
wishing to .attend, be directed to attend said meeting and present the
City's case in the areas of water conservation, beach erosion, and any
other matters from which the citizens of Delray Beach may receive bene-
fit. The motion was seconded by Mro Croft and carried unanimously.
10.x'. City Manager ~atchel informed Council that he had receiveda
call this afternoon from the office of Senator Jerry Thomas that the
Legislative Clinic scheduled to be held in the Council Chambers to-
morrow had been cancelled, and that no time has been established as
yet for rescheduling that meeting, but the City would be notified when
a date has been set. .'
10.x. The City Manager informed Council that he has answers to several
questions asked last week concerning some status reports.
Regarding time clogks tha% are in the budget for this year, the City
Manager reported they have been ordered and were expected in by this
time, but notice wa.s received that the factory where said clocks were
being made is out on strike~ further, there is an alternate plan now
whereby three time clocks Will be routed from various locations in
southern Florida to'Delray Beach sothey can be installed this week.
The City Manager reported that One clock will be installed at the City
Barn for Public Works and Park personnel, etc.~ one to be installed at
the City Hall for City Hall personnel and one at the North Water Plant
for the use of the Public Utilities, water and sewer, personnel, and
that when the clocks ordered.by the City have been received they will
replace the borrowed clocks.
Regarding the status of the Law Enforcement Complex, the City Man-
ager reported that he and Police Chief Croft had taken a trip last
summer looking at law enforcement complexes throughout the southern,
central and western part of~the state, and that they feel what the
City will need in the way of capacity in the jail will amount to a
construction sum of over the $200,000 which Council has pro=ided through
its cigarette tax bond issue of lastyear. The City Manager explained
further: 'We still have the $200,000 and the adminatration is now
trying to consummate the two projects which are sti11~'outstanding.
One is the beach erosion control project and the other i~the Adult
Recreation Center. We are~,~ing to finalize those so ~ can see what
the balance of the Cigarette Tax Bond Issue is."
Mayor Avery said there is a Capital Improvement Tr~st ~und and asked
if all residue from the three cents is still going into that fund. T~e
City Manager'answered= "No sir. According to the provisions of the
bond ordinance, all of the eight cents from the cigarette tax that we
are remitted from the state is ~oing into the trust account set up for
the retirement of this $1,200,000 Cigarette Tax Bond Issue. When the
needs of the bond issue as far as principal and interest for the re-
tirement during the year, and the retention of the various reserves are
met at a certain point, during the year, the remaining eight cents is
th~n put into general fund for general fund purposes. This is a matter
of your budget. There lis no CapitalImProvsment Trust Fund per se now
being set up because it is now going into the trust account required by
your bonded indebtedness." .-
Finance D/rector Weber reported ther~ is a balance of $2,733.66 in the
old Capital Improvement Trust Fund.
Following a question by Mr. Merritt, the City Manager said that the
City does own a set of plans for the law enforcement complex and that
they are in his office.'
Mr. Merritt said that it may cost considerably more for the desired
law enforcement complex, but he would personally rather make a start with
$175,000 or $200,000 than to run the risk of losing it all and not
having anything more than the unsightly and inefficient present building.
Mr. Merritt then moved that the Council be appointed as a Committee of
Five to interview and select an architect to proceed with the Law
Enforcement Complex plan. The motion was seconded by Mr. Jurney, and
carried unanimously.
City Manager Gatchel reported as follows: "The next report the
Council wanted of me was the status of the JUnkyard Ordinance, particular-
ly where it applies in the southeastern part of the City andwestern
part of the City. I would like to report to Council that this.lis pre-
sently in the hands Of our Attorney and our Police Chief. There is a
divergence of opinion which we have scheduled to be resolved at a meeting
with our Prosecutor as to whether the Junkyard Ordinance as presently
prepared is complete enough in one small case or instance. We do want
to get all of the ammunition, so to speak, into this ordinance before we
proceed with it. This matter has been actively pursued by the Police
Chief and the Attorney to this date and we plan to meet with our City
Prosecutor, who would, of course, have to handle these cases in Court,
to determine exactly what is needed. There is a matter of interpretation.
This meeting will be held this week, and as a result of the meeting we
will come to Council with an ordinance if one is needed. If one is not
needed we will actively pursue it on the basis of what we have now."
Regarding elevator requirements in the new high-rise apartments,the City
Manager read the following memorandum from the Director of Planning,
Zoning, and Inspection: "After thorough research of the existing Code
of Ordinances of the City of Delray Beach, we find no regulation of any
type concerning the size of elevators. The State'Industrial Commission
regulates elevators in this State and the inspection ks made and per-
formed through the State Hotel and Restaurant Commission. 'We know of no
~nstance where municipalities have regulations. In fact, it is our
opinion at this time that the authority of the Industrial Commission
and the Hotel and Restaurant Commission pretty much pre-empt municipal-
ities from entering into any ordinance."
it was pointed out that the elevators in the present high-rise apart-
ments are not large enough to accommodate a stretcher if a person becomes
stricken and needs to be removed from an upper floor of such a building.
The City Manager was directed to ~rite to the Industrial Commission and
the Hotel and Restaurant Commission to find out the position of the City
and of individuals in this matter, and that the above reference be con-
' rained in the letter.
City Manager Gatchel reported that the matters of a dog leash law, and
the covering of'all trucks hauiing trash within the City have been re-
ferred to the City Attorney.
10.b. City Clerk Worthing presented Bills for Approval as follows:
Genral Fu~d $250,857.48
Water Revenue Fund 26,829.44
Water Operating & Maintenance Fund 5,392.96
Special Assessment Fund 2,877.05
Refundable Deposits'Fund 1,892.88
Improvement Fund 9,763.0S
Capital Improvements Construction Fund 20,441.56
Sewer Construction Trust Fund 1.654.16
The bills were unanimously ordered paid, on mo~o~ by Mr. Merritt and
seconded by Mr. ~albot.~Themeeting adjourned at 10=00 P.M.
APPROV~~~ .... R. D. WORTHING
~' . .. ' City Clerk
22-A
ORD:LNANC~ NO. 65-66.
AN ORDINANCE OF TI-IS CITY OF DELRAY BEACH, FLORIDA,
LEV'~I~ TI~ ASSESSM~I~ITS AS Sl~l~l BY TI~ ASSESSNENT
ROI~ SUBi~I~D BY TBS C~TY ~GER OF ~ CITY'
FOR ~NS~U~ION OF S~~'F~ (5} ~RT IN
~D~ WI~N ~ ~T~ET R~S~F-WAY OF ~OUS
8~TS IN ~ ~S~E~R OP ~ CI~ AS
~S, ~e City ~= of ~e- C~ty of ~ray ~aUh,
Plori~a, ~s, in purs~noe to ~e ~arter of Said City, s~i%te~
to the ~ity ~cil'for approve1, a re~rt of ~e ~st, and the
assess~nt roll for ~e cons~ruction of side~lkS five (5) feet in
wid~ wi~in t~ s~eet =igh~s-of-~y of various stree~
Western~ sector of the City as i~entifiea hereinafter~
1. ~ ~e East side of N. W. 8th Avenue from At~ntic Aven~
to N. W, 2~
2. ~ ~e East side of N. W. 10th Avenue from Atlantic Avan~
to ~e ~u~ line of ~t 6, Block C, ~st Side Heights~
3. On ~e East side of N. W. 10th Avenue from 2~ to 3rd Streets l
4. On ~e Sou~ si~e of N. W. ~nfl S~eet ~rom 10~ to
Arenas I
5. On the ~ast side of'N. W. 14~ Avenue from Atlantic Avenue
to 2nd Street less Lot 23, Block 1, ~s S/D~
6. On ~e East sid· of 8. W. 14th Avenue from Atlantic Avenue
to 3rd S~eet~
7. on the East side of S. W. 11~ Avenue from 2nd to 3rd Streets~
8. On ~e East side of S. W. ~0~ Avenue. from Atlantic Avenue .
to 2nd Street~
9. ~ ~e East side of S. w. 8~ AVenue from Atlantic Avenue to
3rd Street ~ ~:,
~0. ~ ~e ~u~ side of S. W. ~nd Street from 5.~ to llth Aven~a~
anti
11. ~ ~e South side of S. W. ~rd Street fr~ 8~ to 1~ Avenues,
and
~AS, sai~ re~rt and assessment roll ~re approve~ by
the City Cocci1 in regular session on the 28~ day of Dece~r,
1966, and
~A8, d~ notice concerning said assess~nt roll was
given by advertise~nt by the City Clerk, in accordance with. the
'City ~ar~r of said'City, for ~e p~po~ of hearing objections,
i~ any, to said asses~nt roll, ant
~AS, no suffi~ient ~bJectio~s ~re received t°
confir~tion of ~e de,saint roll,
NOW, ~~, BE IT O~AI~D BY T~ CI~ C~L OP T~
CI~ OF DE~Y ~ F~RIDA, AS
S~ION 1. ~e aases~e~ts, as sho~ by said
ro11, which is attached hereto and ~de a ~rt hereof, are her~y
levie~ .against ~ pro~rty sho~ and in a~unts sho~ on said
assess~nt ro11, sai~ assess~nt~ to ~ ~id in ~ree (3) eq~l
annul ins~ll~nts, ~ther wi~h interest at ~e ra~ of eight
(8) ~r ce~t ~r ann~, ~e tirst install~nt bering due
payable on ~nd on ~e
22-B
Page 2. O~dinance Bo. 65-66.
for the next ensuing two (2) ~ears; and said special assessment
so levied shall be a lien from the da~e the assessment becomes
effective, upon the respective lots amd parcels of land described
in said assessment roll,, of the same nature and to the same extent
as the lien for general taxes, and shall be collectible in the same
manner and with the same penalties and under .the same provisions as
to sale and forfeiture as City Taxes are collectible.
SECTION 2. The assessment ro11, attache~ hereto, contains
assessments against the Board of Public Instruction of Palm Beach
County, Florida, representing 1,044.4 feet of Sidewalk construction
adjacent to School properties. Section 19E.8 of the Florida Statutes
exempts such public bodies from improvement liens without prior con-
sent and agreed upon participation. The City Council deems it in the
best interest of the citizens of this community for the City to pay
the portion attributed to said School .Board, which amount to,als
$1,279.97.
PASSED in regular session on second and final reading on
th~s the 23rd day of January , 1967.
/S/ Al. C. Avery. ......
MAYOR
ATTSST:
/S/ R. D. Worthina , , ~.~,; .... ~
City Clerk
First Reading _ December 28! 19~,6,. . ,,,,
Second Reading _Janu~ary 23 ,,, ,1967;