02-13-67 FEBRUARY 13, 1967.
A regular meeting of the City Council of Del-ray Beach was held in
the Council Chambers at 8..00 P.M., with Mayor Al. C. Aver~ in the
Chai~, City Manager David M. Gatchel, City Attorne¥,~oh~ Ross Adams,
and c~Bncilmen J. LeRoy. Croft,,James H. Jurney, LsRoy ~. 'Merritt and
George Talbot, Jr., being present.
~. An opening prayer was delivered by the. dev. J. D. Edwards,
5. The Pledge of Allegiance to the Flag ~)f the United States of
America was given. ~, -
3. The minutes of the regular Council meet~nq of January 13rd, 1967,
were unanimously approved, on mption by Mr; Croft and seconded by
Mr. Jurney. .
4. City Clerk Worthin9 read'a letter, dated February'6, 1967, from
Mr. J. William Schmalz, 200 Andrews Avenue, copy of which is attached
to the official copy of these minutes. See page 34-A.
4~ Mayor Avery presented two l~roclamations: one proclaiming Friday
and Saturday, February 17[h and 18th, 1967, as POPPY DAYS, for the
purpose of collection of funds for American veterans by the American
Legion Auxiliary, Unit No. 65~ the other calling for the observation
of the month of February. 1967, as Florida NUrses Association Roll
Call. (Copies of these pr0cl'~t£~"~s are attached to the official copy
of t}~eee minutes.) See pages 34-B-C.
$,. Mr. Jurney Said that he had ~his date received a call from Mr,
Sd Schmidt,' 308 North Swint0n Avenue, advising that no action had been
taken on the request to rezone from Single Family to Multiple Family
~lassification property located on the 'cor~er Of.NOr..th Swin~on Avenue
add N. E. 3rd Street, a~d asked that this item be placed on the agenda
for consideration at ,the next regular Council meeting. The City Man-
ager was so directed.
$. Mr. Merritt, speaking on behalf of the Delray Beach Jaycees,
quested permission to use the c°mmu~ity Center on Saturday evening,
March llth, and the City Park on March 11th & 12th for the Annual
Jaycee Fun Days. He moved that said permission be granted, the Club
already having verified with the Recreation Director that there was
no conflict in sched.uling. The motion was seconded by Mr. Jurney and
carried unanimously.
5. Mr. Merritt asked the status of the demolition of the old Kwik
Chek building on S. E. 3rd Ave. hUe, ~-nd the City Manager advised that
he had issued instructions to the Building and Inspection Department,
but had received no rePOrt as yet.
5, Mr. Talbot commented on a letter, dated February 1st, from Mr.
D. R. Neff, Project Manager' for Russell& Axon, concerning additional
sewers, and said that he understood the City was losing money every
month by not pr~eedi~.g with construction of these new sewer lines
further, that he ~Oul~like to proceed with the project as soon as
POssible. '=itY.ilMa.~..~a~cc4~el adViSed that he had 'receiVea the letter
last week., ar~. had; ~t i~ to Council's attention at a workshop
meeting 1asr Monda~ ~ight,~,ibut since that time, :it had not been possibl~
to s~e~t up a meeting~ further, that he had pl'anned to ask for a decision
f~o~ Cou~c~l~. this evenlng'~S to a meeting date to discuss this matter
and severa~,~ther £tems.
5. Mayor Avery advised ~hat in the Engineers' Pla~ning Report on
Erosion Control of the Be~ch A~ ess, on Page 67, it is recommended that
-Some artificial ~ourishme~2, be~./~.,.~luded as part of the initial program
after construe ~°n of the'conCre~'iblock revetment~ also, that this-
~ ~. ' '1- 2-13-67
nourishment should be supplemented annually prior ~o the start of the
winter northeasters or as exper£.eace dictates. .Estimated cost.for
same is $5,000 per year. He said he was not recommending any method
in particular for providing this artificial nourishment, but asked
that the City Manager be directed to submit to Council at the next
regular meeting a recommendation as to a method of artificially nour-
ishing the beach. He mentioned the erosion prgblem .in the area just
s.outh of the new revetment and said he felt that the City should be
ready to proceed with nourishment, which ~ould help to alleviate this
condition, as soon as the winter season is over.
6.a. Concerni~g a survey of parcels of land in violation of the City's
nuisance laws. presented 'by the City Manager, Mr. Talbot moved that the
City Clerk be authorized to proceed with the enforcement of Chapter 15
of the Code of Ordinances, the motion being seconded By Mr. Jurney
and carried' unanimously. (Copy of nuisance survey is attached to the
official, copy of these minutes.) Se.e page 34-D.
$.b. City Manager Gatchel reported as follows~
"1. On the CIVIL sERVIcE BOARD, the 4-year te~m of Mr. Joh~
H.. Braze expires April 1st and provision should be made,
throBgh reappointment or replacement, in order that r~
vacancy on the Board be allowed to occur.
2. O~ ADULT RECREATION ADVISORY BOARD, term of R. D. Kipp
having ex, ired, it is reconunended that Mr. T. A. Bulifant
be appointed ae alternate thereon to fill such vacancy.
3. On BUILDING CODE APPEAL BOARD, the 4-year .terms thereon
of Mr. Charles Toth (Architect) and Mr. Julian Wells
(Member at Large) expire today, a~d ~oard Chairman Paul
G. Herig recommends their reappointment to the Board for
a period of four years from this date.
4. On the ~OA~D OF ADJUSTMENT, the 3-year terms of regular
member Eleanor Gringle and alternate member Charles B.
~ynn expire Thursday, March 15th, and at a meeting of
the Board held on Monday, February 6th, it was unan~uously
recommended that said parties be reappointed to succeed
themselves for a period of three years commencing March
I5, 1967.
5. Concerning the SEWER ADJUSTMENT ADVISORY BOARD, the term
of Mr. Lens Brunner has expired, and Mr. Benjamin HoXSie,
a present m ~e~ber of ~he Board, is no longer ~ualified to
serve on said BOard due to his having terminated his
residency in Delray Beach, a requirement for Board mem-
bership. The Code of Ordinances requires, in part, that
such a Board be established and maintained by Council
and that all members thereon shall be local residents."
There was discussion con~r~..ing residency requ&~e~ents for mem-
bers of the City's various B~ and Committe~S. Under Item 6.a.l.,
Mr. John Braze, whose term on the Civil :Service Board e~ires April 1st,
is no longer a resident of th~ City. The Civil Service Act has no
residency requirement~S, ~h$1e other Boards do., such as the Sewer
justment Advisory Board.' 'Several of the Councilmen expressed the
feeling that although Mr. Braze has serv~ on this Board for many
years and has done a good job, and this was certainly no reflection on
him persona!ly, all Board requirements sho~Uld be the same. After
further discussion, it was agreed that all future appointees to City
Boards and Committees should"Be residents of the City of Delray Beach.
Under Item 1, concer~ning an appointment to the Civil Service
Board, the City Manager was directed to contact the Civil Service
Board concerning any m~co-~endations they might have concerning a
r apl au ement.
-2- 2-13 -67
Concerning Item 2, Adult Recreation Advisory Board, /~'. Croft:
moved that Mr. T. A. Bul£fant be appointed as an a]ter~ate member of
said Board, if he meets all requirements. The motion was seconded
by Mr. Talbot and carried unanimously.
Concerning Item 3, two appointments to the 'Building Code Appeal
Board, Mr. Jurney moved that Mr. Charles Toth and Mr. Julian Wells be
~eappointed for four-year te~ms, co~m~enCing February 1~3,' 1967. The
motion was selby Mr. Talbot and carried unanimously.
Concerning Item 4, appoint~ents to the Board of Adjustment, be-
cause one of ~he persons recoavaended to be reappointed does not reside
in the City, Mr. Jurney moved that this item be tabled: until the next
Council meeting. The motion'was seconded by Mr. Merritt and carried
unanimously.
concerning Item 5, vacancies on the Sewer Adjustment Advisory
~oard, Mr. Croft moved that Mr. Lens Brunner be reappointed, the motiO~.-,
being seconded by Mr. Merritt and unanimously carried. Concerning
a replacement for Mr. Hoxsie,who is no longer eligible, Mr. Jurney
suggested the appointment of Mr. Charles Jefferson, who owns the
Jefferson Apartments' on N. E. 8th Avenue, and so moved,' Subject to
Mr. Jefferson's acceptance. ' After di-scussion, during which Mr. Jurney
stated that other Councilmen might have names ~o submit, he withdrew
his motion. Mr. Merritt then moved that this appointment be Cabled
until th~ next 'regular. meeting~. The motion was seconded by Mr. Jurney
and carried unanimously.
6.c. City Manager Gatchel reported to Council as fOll~ws~
"A request has bee~ received from Mr. Glennon Jackson, a
previous owner of Mayfair Mano=, as well as Liquor License
No. 640, dated September 3, !966, for re-~ra~efer
of said license to him as a result of his re-purchase of this
property. Councilo on October 20, 1966, approved the initial
transfer of this lic~ense from Mr. Jackson toits present
holder, Bedford Prop.ertieS., Xnc-., and it is recommended that
Council.g~ant th~s request of Mr. Glennon JacksOn."
In ansWer to a question by Mr. Jurney, Mr. Worthing advised that
the applicant had been approved by the State Beverage Department and
the local inves,tigating agencies, as of February 8, 1967. Mr. Merritt
moved that. the request.be gra~ted, the motion being seconded by Mr.'
Croft and carried ~nanimously..
6.d. The City Manager reported as follows:
"It having been de~e=mined more economical within the administra-
tion to switch from photocopiers.to 'a Xerox 'machine, the followSng
bids were received at a pre-ad~vert~Sed public auction for the foilowing
obsolete equi~ment~ On'e A. B'. Dick Photocopier No. 120, $25.00, One
A. B. Dick Photocopier'No. lIO, $25.00 and One Ver~fax copier Model
"A", $20.00. These offers are considered very reasonable and their
acceptance is recommended."
Mr. Talbot moved that CoUncil accept the recommendation of the
adminstration concerning bids on the obsolete equipment. The'motion
was seconded by Mr. Croft and carried unanimously.
6.e. City Manager Gatchel advised the Council as follows:
"Mr.. William P. Brown and Mr. Perry' F. Welsh, doing business as
The Beer Glass, located at 640 S. E. 6th Avenue, with C-2 (General
Commer6ial) c~assification0 have applied for a permit to diepense
beer for consumption on the premises.
The applicants have been investigated in the usual and prescribed
manner and approved by the law enforcement division. All other regu-
lations havin~ been met, Council may ~rant or deny this reauest."
Mr. Croft moved that the request be granted, the motion being
seconded by Mr. Jurney and unanimous~y carried.
6.f. The City N~anager reported to Council as
"That part of the Delray Beach Cemetery which, in 1954, was pre-
~ared for use. isbn. now nearly sold out~ and it therefore becomes neces-
sary to immediatelY~l~rovide fo= expa~si~n, of. this facility.
Council authorization is requested for solicitation of bids
from General contractors for complete improvement of the southeast
quadrant of ~he cemetery, as appears in Plat Book 24, Page ?7-Public
Records of Palm. Beach County.. Such improvement shall be An acc'crashes
with plans and specifications furnished by .the City of Delray Beach
and bids received will ultimate.ly be sub~itted to Council for consider~
ation."
Mr. Merritt moved that bids be solicited for improvement of the
City's Cemetery. The motion was seconded by Mr. Talbot and carried
unanimously.
6,g. City Manager Gatchel reported Eegard/ng' a water well as followss
"The S. E, 4th Street well has ceased to function. It has been
determined that the motor has compl'etely burned out and Council
authorization for redevelopment o~ this well, together with the
furnishing and installer!on of a new Pt~p, is requested. It is esti-
mated that total co. st for this rehabilitation of a much needed, and
heretofore excellent producing well will not exceed $3,400. No ap-
propriation is necessary, there being sufficient funds in the Contin-
. gency Account of the Water and Sewer Fund."
Mr, Merritt moved that the S. E. 4th Street well be rehabilitated,
cost not to exceed $3,400. The motion was seconded by Mr. Jurney and
carried unanimously.
7.a. The City Clerk read the following letter, dated January 23, 1967,
from Mr. W. H. (Bill) Reedy, Chairman of the Public Safety Committee
of the House of Representatives:
"On behalf of the Public Safety CO~ittees of the Florida
House and genate, I am writing you in reference to the state's
responsibility under the 1966 Federal Highway safety Act.
This act specifically places the responsibility for the de-
velopment of official municipal safety programs through the
Governor of the state at the municipal level under the City
Commission.
The legislature is responsible for the enactment of all
legislation essential 'for the implementation of the Federal
Highway Safety Act, particularly with respect to the pro-
grams required at the state, county, a~d municipal levels.
The first major step to be taken at th~ mUnicipal level is
the organization of a local traffic s~fety council under the
leadership and direction of the City .~ommission. Therefore,
it is Urgent that the Commission tak~ immediate steps, if
it has not already done so, to establish and activate such
a safety council in each municipality. I trust that you
will take this matter up as e high priority item on the
agenda at the next meeting of the City Commissioners.
With best wishes for every success in this most important
highway safety project."
Following discussion, Mr. Merritt was appointed as a committee
o~ one to investigate the functions of such a Safety Council and make
a recommendation at the next council meeting.
9.b. City Clerk Worthi~ read the fo'llowing letter, dated February
8, 1967, from Mr. Allan 'A. Wells, Adjutant of the'American Legion,
Milton-Myers Post No.
"Thank you for your letter of January 27 giving permission
to hold a carnival on ci~l~, owned property subject to
ComplLance with ,the provLstons of Ordinance No. 60-66 and
w~iving the license fee'~
Investigation of the proPOsed site inuaediately south of
Sterling Field (Block 37) disclosed several disadvantages,
namely, 1. Portable sanitary facilit£es would have to
be used. 2. The spaCe'allotted is too small for a suc-
cessful carnival. To get enough rides and concessions
into the' specified area will result in an overcrowed
situation. Properly 'laid out'rides and concessions take
up more 'room than is. available on the specified location.
without sufficient space thee concessiobaire ~ould have
to reduce the number of rides and concession which would
make for a less successful event.
Nembers of our Post visited the' recent carnival on Block'
37 and observed ~hat the a~ea was overcrowded and that
the best use of equipment was imPOssible in ~hat small
apace.
Therefore, Mllton-~ers Post No. 65 respectfully requests
that the commission reconsider the above permission and
grant the use of the larger parcel of land bordering Oh-
S. ~. First Avenue (Block 45). The members wouZd appreciate
your kind consideration of our request."
During discussion, it was POinted out that the square foo~ area
of the propertM south of Sterling Field i& actuallM larger than the
Block 45 property the ~merican ~.egion is requesting. Further, several
months ago when the DelraM, .Beach Radio Club requested; this same area,
they had been granted~ instead, use of the area South of s~erling Field
because of the many complaints received from residents near the
Block 45 location when previous carnivals were ~eld there. Those same
residents did not complain when the Radio Club held their carnival
south of Sterling. Field.
M~. ~rneY moved that the American Legion's request for use of the
south half of Block 45 ~ granted-, with a reasonable t~me. limitation
set for closing.. ~"~. ~ mo~lon died for lack .of a second.-
Mr. ~ohn Sword of Breezy Ridge Estates stated that he had operated
~he carnival for the American Legion on tb.~ee different occasions be-
hind ~be S~d Oil Se~Vic~ S~a~iOn~ ~hey 'had used .~e
~acili~ies of ~he service a~a~ion and ~ve~hing had ~k~d ou~ well.
~ur~he~, he bad checked ~e a~ea sou~h o~ S~e~ling F~ela When
Radio Club held ~heir carnival ~d fel~ tha~ i~ was no~' I~ge enough
A~Ce~ further discussion, ~ere "~ing no action ~en on ~bi's
· eques~, NaMor Ave~ s~a~ed ~ha~ ~he action ~aken by COuncil' on
~anu~ 23~d ~en ~his ~e~es~ was o~iginallM submitted ~uld s~and.
?.c. Concerning a ~e~es~ ~rom ~be ~eric~ Leb~ese Syrian Associa~e~
Charities for pe~mis~ion ~o solici~ ~ds within ~e City, ~ placing
canisters im'stores during the: ~nth of April, ~d a house-to-horse
solicitation on SUn,ay, A~ril 2nd, between the hours Of 2:.00 ~d
4~00 P,M., '~. Merrett ~o~~ tha~ the request be referred t0 the
~haritable ,Solidi'rations C0~ttee for the~ review and reco~endation.
The ~tion-was secon~edby ~. Talbot ~d carried u~ousl~.
8.a. City Clerk-worthing Drsented RiSk. ION NO. 4-67.
A RESOL~I~. OF T~ CI~ CO~CIL OF T~ CITY OF
D~Y B~CH~ ~ORIDA. ACCEPTING PORTIONS OF ~S
NOS.-20, 21 and 22 OF S~IT~Y S~ PR~CT NO.
5964-8b ~ 0P~TIO~ ~ S~ING T~ EFFECT~E
DATE FOR T~. INIT~ SC~D~E OF ~TES, FEES. ~
~E ~GES TO' BE ~OSED FO~ T~ SERVICES ~D
FATUITIES F~IS~ BY~ SAID PORTIONS OF ~'
N~. 20, 21 ~d 22 OF T~ S~R SYST~.
(Resolution No. 4-67 is attached to the official col~. of these
minutes.) See pages 34-E-F..
Resolution No, 4-67 was unanimously pa~sed and adopted on this
first and final reading, on motion by Mr. Jurney and seoonded by Mr.
Merritt.
8.b. The City Clerk presented ORDINANCE NO. 1-67.
AN ORDINANCE OF TH~ CITY COUNCIL OF TI~ CITY
OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE _.
NO. 64-66, PASSED AND ADOPTED BY THE CITY COUNCIL
.ON THE 19th DAY OF DECEMBER, 1966.
0rdinanoe'Eo. 1-67 was unanimously placed on first reading, on
motion by Mr..Croft and seconded by Mr. Jurney.
8.c. City Clewk Worthing presented ORDINANCE NO, 2-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SUBSECTION (c)
OF SECTION 15-25 AND SECTION 15-26, BOTH OF
CHAPTER 15, PERTAINING TO ABANDONED, WRECKED
OR JUNKED VEHICLES.
Ordin~nce No. 2-67 wa~ unanimously placed on first reading, on
motion by /~r. Merritt and seconded by Mr. Croft.
8.4. The City Clerk presented ORDINANCE NO. 3-67.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY ,BEACH CERTAIN LAND, NAMELY THE SOUTH 45
FEET OF LOT 30 AND NORTH 45-FEET OF LOT 29,
DELRAY BEACH SHORES, WHICH LAND IS CONTIGUOUS
.TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIgA-
TIONS OF SAID LAND~ .AND PROVIDING FOR TH~ ZONING
THEREOF.
Ordinance No. 3-67 was unanimously placed on first reading, on
motion by Mr. Talbot and seoonded by Mr. Croft.
8.e. The City Cl~k presented ORDINANCE NO, 4-67.
AN ORDINANCE O~ .THE CITY COUNCIL OF THE CITY OF
~ELRAY BEACH, AMENDING CHAPTER 5 OF THE CODE OF
ORDINANCES OF SAID CITY TO PROHIBIT DOGS FROM
RUNNING AT LARGE, DEFINING "AT LARGE" AND PRO-
VIDING A PENALTY.
Ordinance No. 4-6? was unanimously placed on first rea~ng, on
motion by Mr. Merritt and seconded by Mr. Jurney.
9.a. (1) Concerning the petition of ~ ,~ers of Lots 1, 2 and 3,
Block 81, dated November 18, 1966, for rezoning of said lands from
R-2 (O~le ~d Two Family) to C-2 (~9~erai commercial District), City
Clerk worthing re~..~orted that the Planning Board voted four to three,
recommending the ~Bques~ be approved subject to dedication of right-
of-way to provide for future widening of N. E. 2nd Avenue, as well
as N. E. 4th Street. He ~advised this property is located on the
southeast corner of N. E. 2nd Avenue and 4th Street, across the street
from the Post Office building, with 154 feet of frontage on 2nd Avenue
and 135 feet deep. Further,' he suggested if it was the pleasure of
Council to sustain the Planning Board's recommendation, that suCh
action stipulate that no' ordinance be submitted for Council consider-
ation, providing for reclassification, until it has been determined
the amount of land needed for possible future widening of N. ~.. 2nd
Avenue, and until the properly executed deeds for right-of-way from
this particular Parcel have 'been furnished the CitY~
After further discussion, Mr. Talbot moved that this request be
tabled pending advice from the Planning Board as to recommended width
of right-of-way necessary and the possibility of obtaining quit claim
deeds for same. The motion was seconded by Mr. Croft and carried
unanimously.
9.a. (2) Relative to the 'petition o~ Dr. L. T. Lasalle, dated October
25, 1966, for reclassification of Lots '32, 33 and'34, Block 13, Del-
Ude Park, from R-2 (One and Two Family) to R-3 (Multiple Family Dwell,
lng District) with permissive use for development thereon of a dental
(orthodontic) clinic, Mr. Worthing reported 'that the Planning Board
unanimously recommends that the request be granted. This property is
located on the southeast ccrner of N. E. 8th Street and 3rd Avenue,
with 150 feet of frontage on 3rd Avenue and 120 feet on 8th Street.
After further discussion, Mr. Talbot moved that the Planning
Board's recommendation be sustained, the motion being seconded by Mr.
Jurney and carried unanimously.
9.a. (3) Concerning the request of Mr. James .J. Ritterbusch, dated
October 27, 1966, for rezoning of a 4-acre tract of land fronting on
the north side of fWest Atlantic' Avenue, adjacent tO and west of
Breezy Ridge Estates, from R,1AA (Single Family) to R-3 (Multiple
Family Dwelling .District), City Clerk Worthing reported that the
Planning/Zoning Board unanimously recommends that the request be ap-
proved subject to a right-of-way being provided, through dedication
of necessary land~, for an extension of Homewood Boulevard northerly
from West Atlantic Avenue, along the west side of this 4-acre tract.
Mr. Jurney questlo, ned the advisability of extendin~ Homewood
Boulevard.northerly, inasmuch as the property on the west side of this
road would be in the CoUnty and the east in the City. Mr. Worthing
stated for £nformational ~urposes that 25 feet had been dedicated some
years ago by the property owner to the west.
Mr. Ritterbusch stated-that he had not asked for this road exten-
sion, that he understood the Planning Board desired to have the right-
of-way for future expansion with the thought in mind of someday connect-
lng Homewood Boulevgrd with an east-west road running along the north
side of Breezy Ridge Estates. Mr. Croft moved .that this reques~ be
granted subject to adequate right-of-way being provided by the property
owner for the norther~ly'ext~ension of Homewood BOulevard. It was
pointed out by the City Attorney that there should be some definite
amoun= of right-of-way established. Mr. Croft withdrew his motion and
Mr. Merritt moved that.this request be referred back to the Planning
Board for clarification as to the width of right-of-way."deemed necessary
for this road extension.. The motion was seconded by Mr. Jurney and
carried unanimous ly. ..-
9.a. (4) The City Clerk reported that concerning the petition of Mr.
Harold J. Roig, ~ated October 10, 1966, for rezoning of Lots 21 and
22, Block 'D , Palm Beach Shore Acres,' the Planning Board unanimously
recommends that the request be denied. Mr. Roig informed the~Council
that Mr. Stewart B. Iglehart desired to purchase this proper~y if this
requested change in zoning is approved, and planned to cons.trUct
apartments similar to the Bridgehampton Apartments located at 810 North
Ocean Boulevard. Mr. _Talbot stated he felt this type of construction
wo. uld be a good division between the apartment an~ residential sections
in this area.
It was ~inted out that the Planning Board's recomm'~ndation for
denial of the request was based on the fact that the existing R-3~
regulations do not provide adequate protection concerning, yard or
-7- 2-1~-67
~uilding height require~en, ts, as well as other provisions. Attorney
Fred Dev£tt, representing the prospective purchaser of the property,
~c. Igleha~t, stated that it was not ~ntended to build a'high-rise
apar ~ment building.
It was suggested that Mr. ROig provide for deed restrictions
regulating the height of the building, etc. After further discussion,
Mr. Talbot mo~ed that the petition be tabled until the next regular
meeting to allow the City Attorney to consult with Mr. Iglehart and
his attorney, Mr. Devitt, and Mr. Roig, to work out an agreement or
possible deed restrictions regulating the type of construction on the
property, Council desiring same to be comparable to the Brid~ehampton
Apartments. The motion was seconded by Mr. Jurney and carried unani-
mously.
9.a. (5) The City Clerk reported that concerning the request of Mr.
V. V. Cooke, Sr., for reclass~fication of Lots -1, 2 and
from R-2 (One and Two Family). to R-3 (Multiple Family Dwelling District)
sub~itted November 21~t, the Planning/Zoning Board has unanimously
recommended denial of the petit~on~ however, inasmuch as the applicant
has filed hie withdrawal of th/s zoning change request, it is recom-
mended that no Council action be taken.
9.b. City Clerk Worthing reported that as directed by Cotulcil at its
last regular meeting, a plaque has been attached to the new stove,
donated to the Adult Recreation Complex, identifying the donor, and
that this plaque has been provided by the Recreation Club itself.
9.c. City. Clerk Worth£ng reported.that a feasibility st.udy~has been
made relative to replacement of the North Pavilion, estimated cost for
which is $825.00, and would provide for a plain concrete base, approx--
imately 12 feet by 28 feet, with a canvas shelter, eim£1ar in construc,.
tion to the new Pavilion~ further, that such replacement is recom~aended
~n~ if approved, necessary funds to be. authorized from the General
Fund Contingency Account.
Mr. Ta~t questioned whsther or not the number of people using
this pavil~ warranted replacing it, and the City Manager advised
that 25 ~o. ~0 residents and winter visitors were questioned at random
and all were in favor of it because of having shelter from sudden
rain, protection from the sun and shaded benches on which to sit. Mr.
Talbot then questioned the recon=aendation of a concrete base and if
asphalt had been considered. After further discussion, Mr. Merritt
moved that bids be solicited .for replacement of the pavilion in accord-
ante with the a~ministration~s recommendation, with an alternate bid
on an asphalt base. The motion was seconded by Mr. Talbot and carried
unanimously.
9.d. The City Clerk reported that in compliance with Council directive
at the last regular meeting, the following report has been submitted
by the Chief of Police, City. Engineer and D~rector of Planning, Zoning
& Inspections:
"At your request the Police Depar~nt, Planni~ Department
and Engineering Department have reviewed our previous
decision to eliminate the le~ turn ~ovemena for south
bound traffic on North East 3r~ ~venue at 8th Street.
After consideration of the exit:ting traffic and pro-
posed development at this in~reaCtion we feel a left
turn movement here would be a sacrifice of Safety for
convenience.
Any other approach would require a complete redesign
of this intersection at considerable ex~nse."
Foll~wing an exp!anation by the Chief of Police as to reasons
~or the above reco~wendation, Mr. Talbot moved that the re~ort be
accepted, the motion being seconded by Mr. Merritt and unanimously
carried.
9.e. City Clerk Worthing reported that as a result of directive by
Council at the ~&st.regular meeting concerning 1ocs! and state regula-
tions regarding elevators as'relates to size or dimensionS, the fol-
lowing re~ort has been sub~itted~byMr. Art Smith, Director of Planning,
Zoning & Inspection:
"A number of cities in South-East Florida were contacted
including Miami and Fort Lauderdale. No city contacted
was equipped'with any control involving size.
The Southern Standard Building Code which NaS been
adopted by this city has no provision for such
requirement.
The State Hotel and Restaurant Commission is not
involved with any such requirementnor do they know of
any city that does in this area.
The final authority on elevator regulations in the State
is invested in the Florida Industrial csmmission.' In my
contact with Mr.' Wiggins of the Winter Park office
concerning this matter, I was informed that not even
hospital~ are required a."specific size~compa~tment~a~d he
discouraged me from any attempt at'a local regulation
as the elevator is considered a luxury and not a re-
quirement. All existing controls pertain'to loading and
safety based on a space per passenger basis."
Following discussion, Mr. Merritt moved that the City Manager be
directed to write a letter.to the Florida Industrial commission sug-
gesting a regulationon the si~e of elevators in.high=rise buildings,
with emphasis on ability to carry a stretcher. The ~mtion was seconded
by Mr. Jurney and u~pon call of ro110 Mr. Croft, Mr~ Jurn.ey~ Mr. Merritt
and Mayor Avery voted in favor of the motion and Mr. Talbot was opposed.
9.f. The C~ty Clerk reported that steps have been taken, as a result
of directiveby.Coun~il at the last regularmeeting, to com~ly with the
recommendations of the City's~auditors,.Himes & Himss, as set' forth in
their letter of January 16, 1~67 to Council~ further, a-memOrandum
from the CitY's D~rector'of Finance, T~'E. Weber, dated February 7,
1967, was sent to C0uncil with this agenda. (Copy of Mr. Weber's letter
is attached to the official copy of t~ese minutes.) See page 34-G.
9.g. City Clerk Worthing reported concerning a study of the Post Office
Shopping Center's l~arking facilities that further studies of this
parking lotWill be made~ h6weve~ the Traffic Engineering Department
reports no recommended changes at this time, as it is believed vehicle
drivers will become better aware of ~ireCtional signs.within the park-
ing lot and, by. so doing, will minimize the Occasional confusion in
evidence at this time,, which'is attributable to many factors, partic-
ularly the newness of this facility and it being subject to extreme
abnormal Usage by seasonal Post Office activity resulting from the
so-calle~ season.
g.h. Mr. Merritt read the minutes of the Beautification Committee
meeting held February i, i967, c0~y of which is attached to the
official copy of these minutes. See page 34-H.
9.i. Mr. Merritt then read the minutes of the Traffic & Parking Com-
mittee meeting held February 9, ~67, as follows:
"A~ter considerable diecussion concerning the A. A. Simon
p~ope~ty at East 'Atlantic Avenue and RailrOad Avenue, a
'motion was made by Mr. Gent that the offer to sell to the
City be declined for reasons of traffic safety, limited
ingress and egress, and size of lot. Seconded by Mr. Croft
and, carried.
The p~ki~ problem at the Senior Citizens Complex was
considered and the Committee recommends that the Chief
of Police, City E~gineer, Traffic & Parking Committee
-9- 2-13-~7
Chairman and three memb. ers of the City.Beautification
Conuuit~ee be appointed to provide additional parking
at the complex, using the available land at the City
Park. Moved by Mr. Kabler, seconded by Mr. Love and
carried.
The Co~mittee discussed at great length the over-all
congestion of downtown parking and ~raffic and recom-
mends to the Council that .any and all methods be pur-
sued toward the opening of S. E. 1st S~reet across
the F. E. C. tracks. Motion made by Mr. Kabler,
seconded by Mr. Love and carried." _
Mr. Merritt informed the Council that members of the Beautifica-
tion Convaittee ap~ointed, along with the Chief .of Police, C£~y Engi-
neer and Traffic & Parking Committee Chairman, to study the parking
situation at the Adult Recreation Complex, were Mr. Stuart Lankton,
Mrs. James Bowen and Mrs. John Bordeman, and that this group will
meet next Thursday at 11:00 A.M.
Mr. Talbot asked the status of feasibility study on putting S. E.
let Street through across the F. E. C. tracks and making both S. E.
and N. E. let Streets one-way to alleviate traffic congestion in the
downtown area. The City Manager stated th£s was being worked on, but
no final report was available as yet.
10.a. Mr. J. William Schmalz, 200 Andrews Avenue, reported alleged
sign ordinance violations on property across the street from his
residence and after discussion, the City Attorney was asked ~o invest-
igate these signs..and :determine if there are any violations of the
Code of Ordinances.
10.x. The City Attorney reported that concerning a suit of injunction
brought against the City by Mr. William Murtha, et al (12 individual
property owners), enjoining the City from voluntary annexation of
property situated on North Federal Highway (Lum's Restaurant), he had
reached an agreement with said property owners Wherein they will with~
draw the suit if the City agrees in writing never to annex, their
property by :means of involuntary annexation, and pays $300 toward
their court costs and attorney's fees.
The Mayor was authorized to execute said agreement, and payment
of $300 was unanimously approved, on motion by Mr. Jurney and seconded
by Mr. Merritt.
10.x. The City Manager presented a bill from the William Q. Hays
Construction c~mpany, contractor on the Adult Recreation Complex,
in the amount of $2,00~.94, which is for the period January 12, 1967
through Februar~ l, 1967. He informed Council that after payment
of this bill, there still remained $445.00 for work not yet completed,
as well as the 10% retainage in the amount of $7,821.05~ further, that
~he architect has approved this bill, and it is recommended that it
be paid. This bill was unanimously approved for payment, to be included
in the Bills for A~roval, on motion by Mr. Croft and seconded by
Mr. Jurney.
10.x. The City Manag. er advised that due to a majority of the Council
planning to attend the Florida League of Municipalities Convention in
Jacksonville February 26th through 28th, it would be necessary to
resehedule the next regular council meeting of February 2?th. This
meeting was rescheduled for Friday, Feb~ary 24th.
I0.x. Concerning the proposed drainage project in the southwest sector
of the City, City Manager Gat~hel read the f~lowing letter from the
Department of Housing and U~. Development, ~ated February 7, 1967:
"It has been determined .t~ .Delra~ Beach now meets the
comprehensive planning requirements of the. Program of
Advances for Public Works Plann.ing and we, therefore,
........ ~ ~.~ n- ~-~ ~-~
are prepared to proceed with the processing of the city's
subject.application for planning fundS.
In previous ~isuussions with members of my staff, it has
been indicated that the City was considering withdrawing
this application and proceeding with the proposed project
by filing a construction loan application under our Public
Fa~ilityLoans Program. It will be appreciated ve~f much
if you will advise us of your~intent with respect to the
subject application -- whether the City intends to with-
draw its request or wishes this Office to proceed with
review of the application.
A prompt reply will be appreciated."
Following discussion, a workshopmeeting was scheduled for
ThUrsday, February 16th, at 7=30 P.M., to discuss the above mentioned
drainage project, as well as plans for fUture sewer expansion.
10.b. City Clerk Worthing presented Bills for Approval' aS follows=
General Fund $108~509.38
Water. Revenue Fund 15,000.00
Water OPerating & Maintenance Fund 6,854.93
Cigarette Tax Fund 5,358.00
Sewer Construction Trust Fund ' 50,617.88
Mr. Croft moved that the bills be paid, the motion being
seconded by Mr. Talbot. Upon call of ro11, Mr. Croft, Mr. Jurney,
Mr. Merritt and Mr. Talbot voted in favor of the motion and Mayor
Avery was opposed, there'being a bill included concerning him.
Mr. Jurney suggested that two Councilmen be appointed to study
the Bills for Approval prior to Council action on them, and Mr. Talbot
informed him tha't ~ny of the Councilmen were free t° study the bills
whenever they had a question.
The meeting adjourned at 10='36 P.M.
City Clerk
'MAYOR
-11- 2-13-67
34-A
February 6, 1967
The Honorable Mayor A1 C. Ay,fy
City of Delray Beach
Delray Beach, Florida
Dear Mayor Avery:
Why search for aMaster Plan? In theMondayi. January 3, 1967,
issue of the Miami Herald, I was amused at the large headlines:
DELRAY SEARCHES FOR A 1VIASTER PLAN. ! assume he means Delr~y '
Beach, 'by the young man, Art Smith, who has the title of Planning and
.Zoning Director.
He, Art Smith, states "at present the City has no comprehensive
plan to use as a guide for future develcpements." Smith says, "there
have been planning studies drawn before but the City has no comprehen-
sive plan."
I would like to know what happened to the plan, two volumns, that
the City paid $15,000 of the taxpayerrs money, to have prepared by men
"WHO WERE EXPERIENCED IN SUCH WORK." Why did we employ the
very fine firm to do this work at taxpayer% expense, if it was not to be
us ed ?
I, also, want to ask you how long you th'ink we can keep the present
low insurance rate, if we do not make provisions for fighting fire above
the fifth floor of the high-rise apartments which ruined our beautiful City
and which have recently 'bee n approved by the Planning and Zoning Board
and Mr. Smith.
In addition, a'bout sixty days ago, I was told by City Management
that there were so many violations of advertising signs in Delray Beach
that they, the City, could not enforce the law, eliminating those which were
unlawfully installed. I am now told by City Attorney Adams, that there
isnrt any City Ordinance about signs and that a IZ ftx 18 ft sign could be
erected in any residential neighborhood.
I would not hav.~urchased property in Delray Beach had I known
t~is, and I feel none of want a condition of this kind to exist in Delray.
Again, I want to state that I feel the Planning and Zoning Board
me~nbers should own property and live i~, Delray Beach.
Yours very truly,
~ ' ~ the City of 'Delray Beach, do hereby proclaim Fri-
i: "4'~*~ "":* day and Saturday~ February 17th and 18th, 1967,
~'~ for the purpose of collecting funds for this cause
'- ~ 3: ,.". .:. :. by the ~eric~ Legion Auxiliary,, Unt~ No. 65.
DASD this 13th day of Feb~a~ '~967, at'
~e City of Delray Beach, Florida.
:
'. , t' ~ :.5'*,' '.~. ' ~,~. ?,-
,,? :... ~ the ~gtste~d ~u~es tn ~Y ~OH p~y s vltsl ~ In
.~ '., ,~ ,
~.ln~ ~ o~ e~tl=en, ~ the ~e~lo~nt of ~v nurein~ -- - -.- .~ehn~ue~
;,.', ~, ~gtste~d n~ee t~ their ~mberahlp In the Florl~ lursee
, ,. ~soelatlon ~ the op~ty to de~l~ ~ ~1~ their skills ~
~,.. n~see~ ~d to ~rk d~li~nt~ ~r the ~tte~nt of' nursin~ st~o ~d'
~ ..,.', . . , "?'~
.'~ ~' ~r~ conditions of n~sesl ~d ~ e~o~ other ~ ~ople ~
-,[':: . [;. ~-'
'.:~ n~i~ e~en t~b~ ~lle~tini t~ ~u~ sho~ of ~es In ~o~1 .
.
[~.;.,' ~: ~ ~~ ~ I~ ~L~D~. t~t the ~nth of Feb~ 1~7 be obse~d
:.'~',[ ?~' ~ the ~tty of ~Y B~ as ~ort~ N~ses ~soelatton ~oll Call.
.~ :..: ~tion ~d ~s~et to t~ n~ses In the' Cit7 o~ ~ ~ for t~lr eontri.
...:;-]..;'..' "L':,. '~ :~ . '
n~ses 1~ this a~a ~ ~o/n fo~e8 v~th the ~rt~ N~ee8' ~soetatton ~ :..::~:..~ :'.' :.':.'.~'.)': -~:
C - ' "' , ' .. , · ' ',:,~V.. ~;'~ ~;...~.::~ '."::'
ontl~ue the ffo~ etude, ~n thel~ p~feeelon. '
: '~ . ., , , . ,
, ~ . .. ~', .,. ~ ' ., .~,.. · ,. ~'~ ..
' ,~" :~"'~"' '??~: 4/";' ~.. ;.' '~ ' ~"~'"~f'"'"" ':~ ' "~,[:: :~' ; ' '"':';"
~-',. : ,..: .... ,..:? ,:.:.,,.~';f, .~,...;:".'~/'.',?. :~ .... ,, .; ~ ' ,. .. ¥' / ~: :.. .... . ,~ .... .. ..
. , .: ~.:,,::,;j . .:.,~ ..,~.~.,.~ ~ ;~.,, ~.':..,,:.:.~'.' ,..,f~?~,'.' / :.:.~ .-": ,. ~ ~, .~ ~ ..
;'~' /..,. '.~; .'~.' ~ · .~ ~,'~ ...... ~, ,,..'., .?.,.. ,. · ,..~. ~ ,. , :...
' ' ~'~f:~, .' ,,:,~',' "?.~."2 ..'..~";~;.'.?'~.';~ ",~. ~,.',,..~ ~.'. ': ' . ... · ". " ' ' -~ '.
34-D
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
and SECTIONS 15-3 and 15-4 OF THE CITY CODE.
PROPERTY CITY
OWNER .AD. DRE~S DESCRIPTIg~ CODE
1.
Russell E. Brown 3565 Dexter Road LQt 21, Block B, 15-3
Ann Arbor, Mich. Tourist Nook &
48103 15-4
2.
R~gina O'Connor P.O. Box 2142 Vacant part of Lots 15-4
Delray Beach, Fla. 16, 17 & 18, Block
33444 87
3.
Richard E. & 5680 S. W. 16th St. Lots 1, 2 & 3, 15-3
Jane K. Fleming Plantation, Fla. Block E, La &
33314 Hacienda, less R/W 15-4
4.
Maisie E. Buerk 1410 Providence Road Vacant part of Lots 15-3
Richmond, Kentucky 10, 11 & 12, Block
40475 65 15-4
5.
Roth Construction, P. O. ~ox 704 North % of Lots 15, 15-3
Inc. Delray Beach, Fla. 16 & 17, Block 97
33444 15-4
Violations 15-3 and 15-4 as concerns this report are as follows:
1. 15-3 - Logs, trash, junk
15-4 - Weeds and undergrowth
2. 15-4 - High weeds
3. 15-3 - Junk, trash and broken limbs
15-4 - High weeds and undergrowth
4. 15-3 - Dead palm fronds, broken limbs, junk and trash
15-4 - High weeds, overgrown hedges, undergrowth and shrubbery
in wild state
5. 15-3 - Build~ng trash, old rotted lumber and dilapidated
structures
15-4 Weeds
Submitted to the City Council by the City Manager on this
the 13th day of Fgbruary, 1967.
34-E
A ~SOLUTION OF ~E CI~ ~IL OF T~
C~Y OF D~Y ~A~, ~ORI~, A~IN~
PORTIONS OF ~S ~S. 20, 21 and 22 OF
~T~Y ~R ~ ~. ~964-~ AB OP-
~TIO~ ~ SE~G ~ EFFECTS' DATE
FOR T~ I~T~
~ ~R
SER~S
PORTIONS OF ~ NOS. 20, 21 and 22 OF
WHEREAS, the City entere~ into a contract for engi-
neering services with Russell & Axon, Consulting Engineers, on
the 30th day of September, 1959, and
WHEREAS, pursuant to said contract, Russell & Axon
desiTned an ocean outfall sewer system together with lift
stations and other sanitary sewer improvements, hereinafter
referred to as Pro~ect No. 5964-8b, and
WHEREAS, Russell & Axon was hired to perform consult-
ing and resident inspection services for said Areas Nos. 20, 21
and 22 of Sewage Works P~oject No. 5964-8b, and
WHEREAS, by ~solution No. 1359, dated November 6,
1961, and Ordinance No. G-553, effective July 22, 1964, the
initial schedule of rates, fees and other charges to be
posed for the services and facilities furnished by the sewer
system are to become effective the first day of the month
following the date when the system is constructed, certified
for use by the consulting engineers, and accepted by the City;
WHEREAS, Russell & Axon has recently certified, as
operational, the following described portions of Areas Mos.
20, 21 and 22 of Sewage Works Project No. 5964-8b:
~ ~0
S. W. 10th Avenue betwee~ Atlantic Avenue & 2nd Street~
280 foot Latera! running W~ly therefrom in ~AST-WEST
Alley of Block 8, ATLANTIC GARDENS S/D~
AR~A 21
S. W. 9th Street between SOuth Swinton Avenue a S. W.
2nd Avenu~ i
S. W. 2nd Avenue between S. W. 9th Street & S. W. 10th
Street~ and
S. W. 10th Street from S. W. 2nd Avenue to Pine Grove
Elementary School.
S. E. 7th Avenue between 7th & 10~h Streets~ also
Laterals extending E'ly therefrom on 7th, 8th, 9th,
loth. St~eet~ and 8th
Lift Station 22 (in l(~owles Park) and Gravity Sewer
Main extending S~ ly therefrom to Fleetwing Marina.
34~-F
Page 2. RBSOLUTZON LO. 4-67.
NOW, THEREFORE, BE ZT RESOLVED BY THE CZTY-COUNCZL
OF THE CITY OF DELRAY BE~CH, FLORIDA, AS FOLLOWS:
1. That the port~0ns of Areas .20,: 21 and 22, within
the Sanitary Sewe~...System heretofore dea!gnatec] Progect No,
$964-8b, which portions are specifically identified hereinabove,
are hereby accepted by the City as being operational, and the
initial schedule of rates, fees and other charges previously
established, and applicable thereto, ~hall become effective
March 1, 1967.
2. That nothing herein contained shall be construed
as discharging the contractors from the strict performance of
their remaining contractural duties. That each of the contrac-
tors, and their bonding companies, remain resp~nsible in all
respects until released in accordance with their agreements
with the City.
PASSED AND ADOPTED this 13th day of February, 1967.
ATTEST:
City Clerk
34-G
Dates February 7, 1967
To: D. M. Gatchell
From: T. E. Weber
Subject: Letter of Himes & Himes, dated 1/16/67
Admittedly the ideal way to control cash receipts is to have
an individual list all checks as the mail is opened each day.
However to perform this operation it will be necessary to add
one individual to the city's staff. This does not guarantee
that all receipts will be received by the city in as much as
the individual recording the receipts could fail to list a
check made out to "cash" and the~ at an opportune moment it
could be cashed for the individuals benefit. Because of the
cost involved it is my recommendation that mail receipts not
be listed.
With the implementation of the new pro~eedures at the garage
it will now be possible for us to secure year end inventory
values and show on the balance sheet as an asset.
The increasing of the reserve account as suggested is a book-
keeping proceedure which will be followed in the future and
if neglected to be done by this department I feel it is proper
for the auditors to see that such entry is made.
It is my recommendation that a proceed~re manuel be prepared.
This should be done~by a competent management firm skilled in
developing systems and proceedures. Inquiry will be made.in
the near future to determine firms in the area capable of per-
forming this function and estimated costs will be obtained for
presentation to the City Council.
Steps have been taken to persuade the First National Bank at
Orlando to strengthen their proceedures in processing payment
of the Cigarette Tax Bonds and coupons and if possible to
locate the missing coupons which they have paid.
M~nutes
Beautt£ioation Comm~ tree 34-H
February 1, 1967
l~eee~tt Bowen, ~th, Evaul, Little, Santa, Bing~,
~. Lankton b~efed m~ere on the n~ ordinate in Boca Rain
(similar to ones tn ~ral G~es end othe~ cities) which n~ ~
~ires that plans for any ~tu~e building ~er a single f~ily
~elli~ be a~roved by ~ architectuzal-91~in.q bg~ ~ ~2
landscaping, area desi~, etc. ~y ~e~ ~n~ st~ds.
was asked Co pres~ a ~in~b~Ant fevi~ of ~e or~n~ce at
'~e n~ meshing.
~t ~e r~eSt of the Places ~, several ~ittee m~ers ~11
speak briefly on F~ary 9~ a~ 8 p,m. when t~ ~A~, No .T~me
~. Elliott, along with ~. Cartes, s~ke briefly about the
l~s facing the Pa~ks Depar~ent ~asically, m ~ipled ~zk
and s~rta~e of help), and e~lained why certa~ Jobs, such as
prying ~e north and south islands, have not been done the way
we would like. ~. Santa ~e~tioned the feasibilit~ o~ pl~t~g
~e strip behind the n~ ~lix ~o~inq Center, which will ce~-
~inly ~e~ire heavy ~intenance. at the ~ittee's re~es~ ~
Blliott will present cost fi~es for ~esod~ng the north and
sou~ islands.
~e Co~ittee ~U,ld also like to ~ what the. over-all plan is
for ~e Atlantic 'Avenue City Park and what is going to be done
the area of ~he old shufEl~oaxd cou~s. (Action
~e Co. tree ~s greatly concerned to learn Chat 4,000 lo:s ~e
n~ being m~ed fou~ C~es a year, ~tally at '~ayefs'
and ~nders if the cost (appro~mately $~,000 at the rate of ~3
pen lo~, or a~s~ on~hal~ the preset Pa~ks budget) a~ul~'t
~be borne by the in~vidual property ~er. ~. ~itt ~s ask~
~ check the ~isting ordin~ce and report at the next meeting.
~. Santa stated t~t he is concerned about changes which have
been made in the a~inis~ation' of ~e Parka and Re~reation D~
patient. If ~ss~le, a sp~ial meeting will be held in ~
~eks ~ study the situation.
~s. Evaul re~rked tha~ the plastic litter bags, to be paid in
part by the City and part by the ~a~er of ~erce, will be
avail~l· abou~ F~ary 15~ at City ~11 and the ~er of
Co~erce office. Final pl~s ~o~ dis~ukion ~ll ~
~s. Pl~e and ~.'~der were authorized to arr~ge for the print-
~g of ~e ~pa~e