05-08-67 .NAY 8, 1967.
A regular meeting of the City Council of Delray Beach was held
in the Council Chambers at 8=00 P.M., with Mayor Al. C. Avery in the
Chair, City Manager David M. Gatchel, City Attorney John Ross Adams,
and Councilmen J. LeRoy Croft, James H. Jurney, LeRoy W. Merritt and
George Talbot, Jr., being present.
1. An opening prayer was delivered by the Rev. Donald Waldron.
2. T~e Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular Cotmcil meeting of April 24th, 1967,
were unanimously approved, on motion by Mr. Croft and seconded by Mr.
Jurney.
S. Mr. Jurney said he had a proposal ~rom the Delray Beach Chamber
of commerce regard-lng installation of sidewalk planters in the area
from Swinton Avenue to East 3rd Avenue less the Delray Elementary
School block where the sidewalk is too narrow~ further, it is requested
that authorization be given for installation of thirty planters, as
soon as possible, on the basis of the Chamber of Commerce and businesses
in that area covered paying up to $400.00 toward the cost of grinding
equipment and plant material. Mr. Jurney referred to the City Council
meeting minutes of October 11, 1965, and said this request is for con-
tinuation of the planting program, approval for which was given by a
previous'Council, and that he is in favor of proceeding according to the
plan that was used in 1965. Following discussion, the City Manager was
directed to investigate this matter and report to Council at the~next
meeting.
5. Mr. Jurney re~orted that at the recent chamber of Com~.erce meeting,
it was mentioned that the City A~ministration should contact the Arvida
COrporation regarding a b~ilding on the south side of East Atlantic
Avenue between 1st and 2nd'Avenues, in an effort to have the building
condemned or repaire~.
5. Mr. Jurney sai~ the walk-ways across the Florida East coast Railway
tracks on Atlantic Avenue are hazardous, and that he has been contacted
about the possibility of concrete sidewalks in that area on the F. E. C.
Railway right-of-way, and asked that the City Manager handle that item.
5. Mr. Jurney referred to a lengthy letter fromMr. Charles Jefferson
of the Jefferson Apartments on N. E. 8th Avenue, regarding the Sewer
Adjustment Advisory Board, and said letter was given to the City Manager
in' order that copies may be ma~e an~ maile~ to the Councilmen.
5. Mr. Jurney took exception to Mayor Avery having contacted members
of the Boynton Beach City Council relative to the Delray Beach Reserve
Area, not having been so ~irectedby Council. He also referred to an
article in the Palm Beach Post Times of Thursday, May 4th, regarding
that item.
Mr. Merritt also took exce~tion to the action by Mayor Avery
on this item.
5. Mayor Avery said that Mr. C. J. Manson had mentioned an item to
him that should be brought before CoUncil, and Mr. Manson reported that
in February, 1950, Mr. Charles Senior an~ Mr. King Cone opened a sav-
ings account in the First 'National Bank in the name of Delray Beach
Disaster Committee, and that account had remaine~ un, er their dual
signature until May 28th. 1960, when at that time Mr. Senior and Mr.
Cone had come to him and Mr. Cone asked to go off the Committee and be
replaced by Mr. Manson, which was done. Mr. Manson said that he had
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been unable to find out ~ the Disaster Committee is and who the
funds, now amotlnting. tO $4~3o00, belong to; further, it is assumed
the committee iS nonexisting at this time, and that he would like to
see these funds released tO the Delray Beach LibrarY Building Fund.
.During discussion, City Attorney' Adams suggested that the CounCil
meeting minutes be researched before the next Coup. cil meeting to be sure
that it is not a City fund.
City Manager Gatchel informed council that this ~tem would be
researched and a recommendation made.
6.a. Concerning a survey of parcels of land in violation of the City's
nuisance laws presented by the City Manager, Mr. Merritt moved that
the City Clerk be authorized to proceed with the enforcement of Chapter
15 of the Code of Ordinances. The motion was seconded by Mr. Croft
and carried unan_im_ously. (Copy of nuisance survey is attached to the
official copy of these minutes.) See page 94-A.
6.b. Concerning the resignation of Mr. James Grady from membership on
the Board of Barber Examiners, said BOard, through its Secretary, Mr.
W. C. Musgrave, recommends the aPPOintment of Mr. Arthur James,
225 N. E. 2nd Avenue, to serve for the Unexpired term of Mr. ~Grady. It
was so moved by Mr. Merritt, seconded by Mr. Jurney and unanimously
carried.
6.0. City Manager Gatchel Said that Council appointment is requested
for filling the vacancy on the Sewer Adjustment Advisory Board as a
result of resignation received . from Board Member Mr. Herbert Moffitt~
further, that an appointee shall be an owner of improved real property
within the City,- as we11 as a resident of Delray Beach.
Mr~ Talbot moved that Council reluctantly accept the resignation
of Mr. Moffitt from said Board and that a letter be transmitted by the
City Manager thanking him and indicating Council appreciation of his
services. The motion was seconded by Mr. Croft and carried unanimously.
Mr. Talbot then moved that Mr. Robert C. Wester~an, 1125 Harbor
Drive, be appointed to fill the unexpired term of Mr. Moffitt on the
Sewer Adj'ustment Advisory Board, the motion being seconded by Mr. Croft
and unanimously carried. The term of Mr. Westerman will expire on
August 24, 1967.
6.d. The Council Was informed that the Delray Beach National Little
League recl~ests permission to s~licit funds on SaturdaY, May 20, 1967,
by the sale of DECALS in the downtown area and door-to-door, the pro-
ceeds making possible the purchase of playing equipment and supplies~
further, that the Ci!:yJs Solicitations Committee recommends the request
be granted. The request was unanimously granted, on motion by Mr.
Talbot and seconded by Mr. Merritt.
6~e. City Manager Gatchel reported that Council, at its last regular
meeting, received, opened and made public the bids received for con-
struction of sewer Collection systems in Area 12 and certain extensions
in Area 20 and 21, and that the bids were then referred to the Consult-
ing Engineers for tabulation, r~view and recomendation~ further, per
copy of the Engineers' report, the low bid of Dawson Company, Inc., of
Jupiter, Florida, in the amount of $171,240.97, is reco~nended for
acceptance, and the Administration concurs in that recommendation.
Mr. Croft moved that the reco~nendation be sustained and the
contract awarded to the low bidder, Dawson Company, Inc., the motion
being seconded by Mr. Jurney and unanimously carried.
6.f. The City Manager announced that a public hearing has been
scheduled to be held at this time, pertaining to a proposed Charter
amendment to be submitted to the 1967 Session of the State Legislature,
said amendment would be an addition to Section 15 of the Charter,
providing that a tenant-stockholder in a cOOperative al~artmlen, t building
-2- 5-8-67
,who posessess all other qualifications shall be entitled to hold the
elective office of Mayor o~ City Councilman~ defining tenant,stockholder;
and providing for a referendum.
Mr. J. William Schmalz0 200 Andrews Avenue, thanked Council for
having this proposed Charter amendment prepared and presented, and
there being no other comments and no objections to-said proposed charter
change, the public hearing was declared closed.
Mr. Talbot complimented the City.. Attorney on his fine preparation
of said proposed charter change, end the Council, on motion by Mr.
Talbot and seconded by Mr. Jurney, asked the Jity Manager to compliment
City Attorney Adams for his fine WOrk.
6.g. The City Manager informed Council it has been determined that
the Scotchlite brand vacuum applicator is inadequate for continued
use in the City Sign Shop, and same has been offered for sale with
bids of $100.00 and $200.00 having been received; further, it is
recommended the high bid of $200.00, submitted by McCain Sales of
Florida, Inc., be accepted. Said bid of $200.00 was unanimously ac-
cepted, on motion by Mr. Merritt Sd seconded by Mr. Jurney.
6.h. City Manager Gatchel informed Council that Mr. Willie Ports,
having lost a limb, has made application for a gratis license, in
compliance with Section 16-4 of -the Code of Ordinances, in order that
he may become engaged in limited labor such as Lawn Maintenance, and
it is recommended that the request be granted, said request, was
unanimously granted, on motion by Mr. Talbot and seconded by Mr. Merritt.
7.a. City Clerk Worthing informed- council that a request has been
received from the owner of a parcel of land in Delray Beach Bsplanade,
petitioning the City to relocate a five-foot easement on-his land to
enable him to better improve his property with a very substantial new
home. The City Clerk continued: "There is a substantial cost involved
which, the City Uti!i~ies-.Engineer estimates to'.be $538.00. for
relocation of a water line within the easement, plus a definite annual
increased charge of $17.00 from the Florida Power & Light company, due
to underground power line installation becoming necessary if the present
easement were relocated. Inasmuch as the property owner has offered
to absorb but $100.00 of this cost, it is recommended that the request
be denied as no other property, but that of the applicant, would be
benefitted."
During discussion, City Manager .Gatchel informed Council that if
the present utility easement over the east 2% feet of Lot 43 and west
2% feet of Lot 44, Delray Beach Esplanade, within which a 6-inch water
main is located, is not relocated, the property owner can alter his
plans for construction of his house.
Mr. Croft moved that the request for relocation of the easement
be denied, the motion being seconded by Mr. Merritt and unanimously
cart ied.
7.b. City Cler~ Worthing informed Council that Mr. Joseph W. Gwynn
has offered to exchange a parcel of land containing 6750 square feet
located on the northeast corner of N. W. 8th Avenue and 4th Street,
for a City-owned parce! Containing approximately 2970 square feet,
being Lot 7, Block 87, located at 219 S. E. 2nd Avenue, with 45 feet
o.f frontage and an approximate depth of 66 feet. Further, it having
been determined that the City-owned parcel of land is not needed for
any municipal purposes, whereas the City ~oes have need for Mr. Gwynn~s
parcel of land for right-of-way and Public highway, Council approval
is requested for the exchange subject to clear title evidence being
furnished the City by Mr. Gwynn in order that .such proposed change may
be 13roperly advertised in compliance with Charter requirements.
Mr. Talbot moved that the recommendation of the City Administra-
tion be approved, the motion being seconded by Mr. Jurney and unani-
mous ly carried.
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94
8.a. Concerning Resolution No. 8-47, providing for abandonment oi a
portion of Casuari~a Road, the City Attorney suggested that this
Resolution be tabled until the next Council meeting as he had not
received a written commitment concerning title to the underwater lands.
Resolution No. 8-67 was unanimously tabled as recommended, on
~otion by Mr. Croft and seconded by Mr. J~rney. See l~age 94-C.
8.b. City Clerk worthing presented RESOLI~TION NO. 9-67.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, PROCLAIMING SATURDAY,
MAY 20, 1967, TO BE ARMED FORCES DAY.
(Copy of Resolution No. 9-67 is'attached to 'the official copy
of these minutes.)
Resolution No. 9-67 was unanimously passed and adopted, on motion
by Mr. Croft and seconded by Mr. Jurney.
10.a. City Manager Gatchel said he had been instructed at the last
Council meeting to set up a meeting with the Boynton Beach Council
relative to the Reserve Annexation Area, and the earliest date at the
convenience of the Boynton Beach Council is Thursday, May llth, at
7:30 P.M. at the Boynton Beach City Hall. That date was agreeable to
the Delray Beach Council even though Mr. Merritt would be unable to
attend.
10.a. city Manager Gatchel informed Council that the Drainage report
for the Southwest section of Delray Beach has been received back in
Delray Beach from the Engineers office in Daytona Beach and the Con-
sulting Engineers are desirous of meeting and going over this plan for
the information of the Administration~ further, that meeting is planned
for tomorrow, and information on same will be available for Council at
an early date.
10.a. Regarding information on a desalinization Plant, the City Manager
reported that City Engineer Fleming has contacted the Westinghouse
Company who are preparing a report for the City on such a plant that
is being constructed in California.
10.a. city Clerk Worthing suggested that Council authorize the Mayor
to execute the Contract with Dat.:son Company, Inc. for installation of
sewer collection systems in Area 12 and certain extensions in Areas
20 and 21 in view of having awarded the contract earlier this evening.
It was so moved by Mr. Croft, seconded by Mr. Talbot and unanimously
cart ied. ~..;
10.a. City Clerk Worthing presented Bills for Approval as follows: -
General Fund $136,204.11
Water Operating & Maintenance Fund 5,955.36
Water 'Revenue Fund 41,676.81
Special Assessment Fund 108.00
Refundable Deposits Fund 1,729,84
Cemetery Perpetual Care Fund 290.36
Beach Disaster Fund 16,000.00
Cigarette Tax Fund 5,358.00
Capital Improvements Construction Fund 2,811.66
The bills were unanimously ordered paid, on motion by Mr. Croft
arat seConded.by Mr,..Jurney... - ..... - ' ~ · .'-
· The meeting.adjourn.ed at 9:10 P.M.
R. D; WORTHING
APPROVED ~ · . city Clerk
M A'Y O R - - 5-8-67
PROPERTIES IN VIOLATIONS OF ORDINANCE NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
PROPERTY CITY
OWNER ADDRESS DESCRIPTION CODE
1.
Gulf Oil Corp. Gulf Building Lots 13, 14 and 15-3
Pittsburg, Pa. 15 less West &
15219 5' R/W, Block 118 15-4
2.
William B. ' 3212 Cutshaw Avenue Vacant part of
Ferrell Richmond, Virginia Ocean Beach
23230 Lot 9 15-4
3.
John H. & P.O. Box 26 Lots 23 & 24,
Caroline B. Buery Lewisburg, West Block 104
Virgina 24901 15-4
4.
Harry Warren & 520 N. W. 1st Avenue West vacant 80' 15-3
Elsa F. Bond Delray Beach, Fla. of South 231' of &
West 332' of SW% of 15-~
E½ of Lot 11 less
West 80' of East
251.75' of South
100' of North 200',
Section 8-46-43.
5.
Douglas D. & 200 N. E. 3rd Avenue Vacant part of' 15-3
Virginia S. Delray Beach, Fla. Lots 19 thru 24, &
Cary Block 90, West of Ry 15-4
Violations 15-3 and 15-4 as concerns this report are as follows:
1 .... 15-3 - Fallen trees, stumps, limbs, building debris
and trash.
15~4 - Weeds.
2. 15-4 - High weeds, undergrowth and vines along south
property line.
3. 15-4 - Weeds and undergrowth on West part.
4. 15-3 - Broken pine trees, fallen trees and branches
and high pine trees.
15-4 - Weeds and undergrowth.
5.15-3 -Loose trash and junk.
15-4 - Weeds.
Submitted to the City Council by the city Manager on this
the 8th day of May, 1967.
94-B
RESOLUTXON NO. 9-67.
A RESOLUTION OF ~ C~TY C~CIL OF
~ CI~ OF DE~Y ~, F~R~DA,
PR~XMX~ SA~AY, ~Y 20, 1967,
~ B~ A~ F~S DAY.
~S ~e s~vival of our cherished freed~s is de-
pendent in large ~asure upon ~e capabilities of o~ a~d
forces 'to disco~a~ totali~rian a~ession; and
~S ~e A~ed Forces of the United S~tes serve as
a ~ified team, at h~e a~ across ~e ~as, in ~e pursuit
of a durable ~ace; and
~S the streng~ of o~ armed forces rests not alone
upon their active and reserve m~ers, or industrial pr~uctiv-
!fy. and our h~an resources, but also u~n ~e ~rstanding
and sup~rt of an informed ~erican ~ople; and
~AS ~ seek to acknowledge and to ~nifest o~ appre-
ciation for the dedication and self-sacrifice of the me~rs
of our arid forces and their families:
N~, T~~, BE IT ~L~ ~ ~e City Council of the
City of ~lray Beach. Florida, t~t the City of ~Iray ~ach
hereby ac~led~s its ~eat indebtedness to those fe11~
~er~cans who willingly serve ~is great Country, bo~
ACTI~ and ~R~ forces in the ~med Forces of ~e United
States of ~rica.
We also ask o~ fellow ~ricans, as an e~ression of
their support for ~e ~ed Forces and as a s~l of
~ity in devo2ion to the preservation of our Co.try. to
display, prominently, ~e Flag of the ~ited States on
FOR~S DAY, ~y 20th, 1967.
We further ask our Citizens to join with us in a positive
de~nstrat~on of o~ s~rt by at.haling the A~ F~CES DAY
P~ ~ be held in ~e City of West ~lm ~ach, along Flagler
Drive at 2:00 PM on ~y 20th, 1967.
~SOL~ in re~Lar session on this the 8~ day of
1967.
/S/ A,~ ~, C. ,Ave, ry
'MAYO
ATTEST:
,7S/ .R:,, D. ,Wot. thing City Clerk
RESOLUTION NO. 7-67.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA~ VACATING
AND ABANDONING A PORTION OF AN EASEMENT
AS SHOWN ON A PLAT RECORDED IN PLAT BOOK
18, PAGE 39, OF THE PUBLIC RECORDS.OF
PALM BEAC~ COUNTY, FLORIDA.
, J. BAILEY WOLFORTH has made a
to the of the City. of Delray Beach~ to
vacate a of an easement shown in Plat 18, Page
39, of the Pub1 Records of said Palm Beach Florida~
and
~EREAS portion of the 'Ea is desired
to be relocated~ :ion shall be :stood to be
effective only at as the City been. furnished
an EaSement Deed for ic utilities and. under the West
5 feet of the East 20 of Lot 43, Beach Esplanade,
Plat Book 18, Page 39.
NOW, THEREFORE, BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, AS FOLLOWS:
That pursuant to three of Section seven
of the City Charter of the Delray Beach, Florida, we
hereby declare abandonment portion of an
easement referred to desCr/bed as follows:
The East 2% fee of Lot 43 the
West 2% feet o 44, Beach
Esplanade loc in the ~ ~of Delray
Beach, F1 i~ as per plat thereof re-
corded in ~a Book 18, page 39,~ Palm
Beach O y public records.
\
PASSED ~ ~DOm~D this 0th aaY °~~~067.
ATTEST:
.!
C~ty Clerk
\
RESOLUTION 'NO.
A RESOLUTION OF'TI~E CITY COUNCIL OF THE
CITY OF DELRAYBEACH,.FLORIDA, VACATING
AND ABANDONING THAT PORTION OF CASUARINA
ROAD LYING WESTERLY'-PROM A-NORTHEP~LY PP~O-
JECTION OF THE WEST RIGHT-OF-WAY LINE ...OF
SEA SAGE DRIVE,~ 'SA~D PORTION OF CASUI~IINA
ROAD BEING TWENTY-FIV~ FEET IN W~DTH.
WHEREAS, the right-of-way described above has not
been opened and developed, and
W~EREAS, NEW RIVER COMPANY, INC., through its -
PresidentMr. Frank DeRice, and its Se'cretaryMrs. Ethel
Prinn DeRice, the owner of the property abutting said right-
of,way recl~ested .the vacation and abandonment thereof as
said right-of-way iS no longer required for providing egress
and ingress to any.flands and should therefore revert to the
original owners or their successors or assigns.
NOW, THEREFORE, B~ IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DELRAYBEACH, FLORIDA:
That pursuant to Section Seven, P~.ragraph Three of
the Charter for the City of Delray Beach, Florida, we hereby
declare the following right-of-way, in the C~ty of Delray Beach,
Florida, to be vacated and abandoned:
That portion of Casuarina goad lying
westerly from a northerly projec~ion
of th~ 'west rightmof-way line of Sea
Sage Drive, said portion of Casuarina
Road being twenty-five feet in width,
as appears in Plat Book 21, Page 95,
in the Public Records of Palm Beach
County, Fiorida.
PASSED AND ADOPTED in regular session this the
8th day of May, 1967.
/s/
MAYOR *.
ATTEST:
/S/ R. D. Worthing City Clerk