10-18-67 OCTOBER 18, 1967.
A special meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 8:00 P.M.,
Wednesday, October 18th, 1967, with Mayor Alo 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.
An opening prayer was delivered by City Clerk R. D.
Worthing, and the Pledge of Allegiance to the Flag of the
United States of America was given.
Mayor Avery called the meeting to order and announced
that same had been called for the purpose of deferring the
next scheduled Council meeting, and for any other business
that may come before the meeting.
The Mmyor announced that the Annual Convention of the
Florida League of Municipalities would be held in Hollywood,
Florida next week end.
Mr. Talbot moved that the next regular stated meeting
of the Delray Beach City Council be scheduled for 8:00 P.M.,
October 30th, 1967, the motion being seconded by Mr. Merritt
and unanimously carried.
Mayor Avery introduced Councilman James H. Jurney and
announced that Mr. Jurney had filed as a candidate for Mayor
in the coming election.
The meeting adjourned at 8:05 P.M.
R. D. WORTHING
City Clerk
APPROVED:
MAYOR
Sp. 10-18-67
180
173
OCTOBER 9, 1967.
A regular meeting of the City Council of Delray Beach was held
in the Council at 8:00 P.M., with Mayor Al. C. Avery in the Chair,
Acting City Manager R. D. Worthing, 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 Dr. Frederic F. Bush, Jr.
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 September 25th, 1967,
were unanimously approved, on motion by Mr. Croft and seconded by Mr.
Jurney.
4. Acting City Manager Worthing read a letter from the First National
Bank of Delray Beach, dated September 29th, 1967, stst~.ng that said
date is the third anniversary of the City Operating & Maintenance Pund
account with that Bank, and they are grateful for the opportunity to
serve the City and for the confidence placed in them.
4. The City Manager read the following letter from Rev. Carl E.
Storey, Chairman of South County Crusade, dated September 25, 1967:
"On behalf of the communities and the Ministerial
Associations of Delray Beach and Boynton Beach, and
as chairman of the Moody Adams Crusade, I wish to
thank you for your worthy contribution to the suc-
cess of the Crusade.
We are deeply grateful for your cooperation and
help; providing us with fogging, a platform, and
other valuable help during the very successful
Crusade.
Our town and the surrounding communites will
see the results of this evangelistic effort for
many years to come, and we are grateful for YOur
part in it."
4. Mr~ J~mes' Grady of the Delray BeaCh JayceeS informed Council that
their Organization is planning to again conduct the DELRAY BEACH
JUNIOR MISS PAGEANT sometime during November, and that they desire
Council approval of this and use of the Community Center for same.
Mx. Merritt moved that the Junior Miss Pageant to be cOnducted
by the Jaycees receive the City's blessing, and also, at the discretion
of City Manager Gatchel, they be scheduled to use the Community Center
at a date agreeable to both parties. The motion was seconded by Mr.
Jurney and carried unanimously.
4. Mr. O. F. Youngblood, Commander of American Legion Sherman Williams
Post 188, informed Council that their Post is planning a program for
ARMISTICE DAY ACTIVITIES, November 11, 1967. He read the program
planned for the day and announced there would be free Bar-B-Q, and
dancing that evening, also Bingo, if same is permitted by the City
Manager, at the American Legion Home on N. W. 2nd Street and 8th Ave-
nue. It was stated that the local American Legion Posts and the Vet-
erans of Foreign Wars are cooperating in this program.
Mayor Avery asked that the Press give this Armistice Day Program
sufficient publicity.
5. Mayor Avery announced that city Manager Gatchel is attending the
International City Manager's Association meeting in New Orleans, and
introduced Acting City Manager, R. D. Worthing.
Mayor Avery welcomed City Attorney John Ross Adams back following
a vacation and abaence from the last Council meeting.
6.a. Concerning a survey of parcels of land in violation of the
nuisance lava p~esented by the City i4anager, l~r. Croft moved that the
City Clerk be authorized ~o proceed with the enforcement of Chapter
l§ of the Code of Ordinances. The motion was seconded ,b~ Mr. Talbot
and carried unanimously. (Copy of nuisance list is attached to the
official copy of these minutes.) See page 1784..
6.b. concerning purchase of the Water Franchise in Trgpic Palms Sub-
division, the City Manager reported to Council as follows:
"The 'Water Agreement~, dated June 1, 1959, between South Coast
Development Co~poration and the City provided, in part, that the City
reserved the right and option to terminate said contract and purchase
the System, under certain conditions, any time after five years from
the above date,
The Water Franchise was, in Subsequent years, acquired by a
utility fir~ known as 'Delray Beach Utilities, Inc. ', with whom the
administration has been negotiating for its purchase. As a result of
these negotiations with Mr. E. K. Wheelock, President of said Delray
Beach Utilities, Inc. ', it has been determined that the gross instal-
lation cost of the Water System in the Subdivision was approxLmately
$109,000., and, due to depreciation, possible needed maintenance and
other rehabilitation cost factors, the administration has obtained an
offer from the Utilities Company to transfer, by sale, to tl~e City of
Delray Beach, the Water Franchise and al! material assets of the System
for the sum of $36,550.00.
It is suggested that the City Manager be authorized to conclude
negotiation with Mr. Wheelock, President of the Utilities Company, for
purchase of the Water Franchise, on the basis of the offer received,
and subject to the City Attorney taking necessary steps to obtain
lease of any right, title or interest to said Franchise and System or
any of its related assets, which may be held by any individual, firm
or corporation, and further subject to the City Attorney's approval of
procedure concerning such purchase,' which, in part, should provide for
System acquired, to be free and clear of any liens or encumbrances of
any nature."
It was so moved by Mr. TaLbot, .seconded by Mr. Jurney and unan-
imously carried.
6.c. The City Manager informed COuncil that nine various types of
City-owned obsolete equipment, as listed below, have accumulated,
some of which may be in usable condition but rapidly deteriorating
~hrough non-usage, as well as shortage of personnel to perform routine
maintenance. Further, this equipment, not being needed by the City,
and beyond economical repair, occupies storage space which is needed
for City vehicles now in use, and it is requested that a public auction
for disposal of this equi~nent be authorized, results of such action
to be submitted to Council for consideration, and Council may, at that
time, accept the high bid or reject all bids, in compliance with
Charter requirements as set forth in subparagraph (c) of Section 7.
1. 1962 C.M.C. Concrete Mixer, capacity 6 cu. ft. City %5-3.
2. 1958 Street Sand Spreader, 7 H.P. engine City %5-2.
3. "Littleford" Tar Kettle - capacity 225 gals.
4. Eleven Aluminum Window Frames - 53"x50", 3 panes,
awning type, removable screens.
5. Side dump 4-wheel trailer - capacity 1% yds.
6. 1951 White Truck Tractor, hydraulic lift on front City %T-102.
7. 1953 G.M.C. ~ ton Pickup City
8. 1952 Ford Pickup, Utility Body, Folding Ladder City %T-79.
9. 1961 Harley-Davidson Motorcycle Police %11.
Mr. Merritt moved that the A~ministration be authorized to hold
such an auction, the motion' being seconded by Mr. Talbot and unanimous-
ly carried.
-2- 10-9-67
175
7.a. The City Manager informed Council that the terms of membership
of Andrew Gent and L. Stuart Lankton on the Planning and Zoning Board
expired on September 28th, 1967, and continued as follows:
"The Planning and Zoning Board, through its Chairman, Mr. Kenneth
Jacobson, recommends to Council the reappointment of AndrewM. Gent of
11 N. W. 18th Street.
In view of Mr. Lankton having submitted his resignation from the
Board, effective September 28, 1967, the Board recommends to Council
the appointment of Col. Theodore L. Pools, Jr., 1011 Brooks Lane, as
replacement for Mr. Lankton, for a five (5) year term commencing, and
retroactive to September 28, 1967."
Mr. Jurney moved to accept the recommendation of the Planning
and Zoning Board concerning the two appointments, the motion being
seconded by Mr. Merritt and unanimously~carried.
7.b. The City Manager presented a petition from the Boynton-Delray
Seventh-day Adventist Church requesting permission to solicit funds
within Delray Beach, citing its three major medical projects, namely
the Hialeah Hospital in the Miami area, the Florida Sanitarium and
Hospital in Orlando, and the Walker Memorial Hospital in Avon Park.
He informed CDuncii that this Church was originally located in Delray
Beach, but to improve its facilities moved just.across the Delray-
Boynton line, and that a similar request by this Church was granted
by the preceding Council on December 12, 1966.
.'Mr. Merritt moved that this item be referred to the Solicitations
Screening Committee, the motion being secondeclbyMr. Jurney and
unanimously carried.
7.c. It was reported that this item, concerning a r~quest by the
Seventh-day Adventist Church for permission to conduct public religious
meetings within a tent to be located in Delray Beach, has been with-
drawn.
7.d. The Council was informed that the Trinity Lutheran Evangelical
Church desires to erect a sign, approximately 8' x 20', on their
property at N. W. 4th Street and Swinton Avenue, which will not in
any manner create any hazard nor impair right-of-way vision, the sign
being for the purpose of commemorating the 450th year of reformation
and to be rel~_oved at the end of thirty days~ further, that Council
may grant or deny this request as provided in S~ct£on 3 of the Code of
Ordinances.
Mr. Tel'hot moved that the Trinity Lutheran Evangelical Church
be given permission tO erect such a sign, the motion being seconded
by Mr. Merritt and unanimously carried.
7.e. Council was informed that Mr. Alex Holbert of 36 S. W. 7th Avenue,
requests a gratis license permittinghim to sell peanuts from a push
cart~ further, that Mr. Holbert was born on September 30, 1901, and
being 65 years of age or older, is entitled to such gratis license as
made possible by regulations contained in Section 16-4 of the City's
Code of Ordinances.
The request for gratis license by Mr. Holbert was unanimously
granted, on motion by Mr. Jurney and seconded by Mr. Merritt.
7.f. Concerning a beer and wine license for consumption on the pre-:
mises, the City Manager informed Council that an application had been
received for permit to dispense beer~and wine, in conjunction with
Roy's Restaurant, located at 423 West Atlantic Avenue. Further, the
applicant, Mr. ISaaC Brown, owner and operator of the restaurant, has
been investigated in the usual manner and approved by the Beverage
Department and local 'law enforeeme~lt o~ficials, and 'it £e ~ecommen~ed
that this aPPli~ation be approved inasmuch as all requirements have
bean met and the seating capacity exceeds the accommodations necessary,
as set forth in SeCtion 4-24 of the City's Code of Ordinances.
1.76
Mr. Croft moved that the application be approved, the motion
being seconded by Mr. Talbot.
Mr. Merritt said it is his understanding that this request is
for wine license instead of a transfer of an existing license, which
was verified by Acting City Manager Worthing.
There was discussion concerning some way to tighten the restric-
tions on issuance of new licenses of this type.
Upon call of roll that the application be approved, Mr. Croft,
Mr. Jurney, Mr. Talbot and Mayor Avery voted in favor of. the motion
and Mr. Merritt was opposed.
7.g. The City Manager informed Council that Mr. Lee A. Tompkins has
recently purchased the business at 522 East Atlantic Avenue, known
as the Home Food Shop Delicatessen, and accordingly requests transfer
of beer and wine l£cense for consumption off the premises, previously
issued in conjunction with the retail business of the Delicatessen.
Further, that Mr. Tompkins has been investigated in the usual manner,
and approved by the law enforcement agencies, and it is recon~ended
that the petition be granted..
The transfer of said l£cense was unanimously granted, on motion
by Mr. Talbot and seconded by Mr. Jurney.
7.h. The City Manager informed Council that due to ~ransfer of owner-
ship of the Mayfair Manor, located at 244 Venetian Drive, having
recently been purchased by Merrltt Island Land Company, Inc., its
Vice-President, Mr. Elmer H. Hanson, has appl£ed for transfer of
Liquor License No. 611, previously issued thereto. Further, that
Mr. Hanson has been investigated in the usual manner and approved by
the law enforcement investigating agencies and it is recommended that
this application be approved. It was so moved by Mr. Jurney, seconded
by Mr. Talbot, and unanimously carried.
8.a. Acting City Manager Worthing presented ORDINANCE NO. 32-67, and
suggested that it be placed on first reading with the understanding
that prior to its submission on final reading it be referred to the
Planning and Zoning Board for their comments.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
D~LRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
D~LRAY BEACH CERTAIN LAND LOCATED IN SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY~ R~DEFINING TH~ BOUNDARIES OF SAID CiTY TO
INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR TH~
ZONING THEREOF.
Mr. Merritt moved that said Ordinance No. 32-67 be placed on
first reading, and following the recommendation of the Acting City
Manager, that it be referred to the Planning and Zoning Board prior
to its secondreading. The motion was seconded by Mr. Jurney and
carried unanimously.
8.b. Concerning Ordinance No. 33-67, the C~tyManager reported to
Council as follows=
"Recent Legislative action, by enacting Chapter 67-110 - Senate
Bill No. 70, created an Act regulating the business of building con-
st. ruction and contracting throughout the State, under the Jurisdiction
of, and ~o be administered by a Governor's appointed assembly to be
known as the ~Florida Construction Industry Licensing Board'.
As a result of this Legislative action, the Palm Beach County
Contractors Examining Board is understood to be inactive end this
condition seriously affects efficient handling and issuance of Con-
tractors~ Occupational Licenses in the City.
EmergencyOrdinance No. 33-67 recommends the repealment of Sec-
-4- 10-9-67
177
tion 16-13, Chapter 16 of the Code of Ordinances, which Section has
heretofore required submission of a County Occupational License prior
to the City issuing its license to any contractor."
AN EMERGENCY ORDINANCE OF. THE CITY
COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, REPEALING SECTION 16-13,
CHAPTER 16 OF THE CODE OF ORDINANCES
OF THIS CITY, PERTAINING TO 0CCUPA-
TIONAL LICENSES.
(Co~y of Ordinance No. 33-67 is attached to the official copy
of these minutes.) See page 178-A.
Emergency Ordinance No. 33-6? was unanimously~pa~eed end adopted
on this first and final reading, on motion by Mr. Croft and seconded
by Mr. Jurney.
9.a. The City Manager informed Council that on August 28th, a petition
for rezoning certain lands' lying between West Atlantic Avenue and
N. W. 1st Street, fronting on the west side of N. W. 18th Avenue, had
been referred to the Planning and Zoning Board for a public hearing
tO be ]1eld thereon, and as a result of that Board having conducted the
public hearing, and following a careful study of the principal area
affected, unanimously recommends its denial, per copy of the Planning
and Zoning Board report dated September 26th. Further, that Council
may grant this request or sustain the recommendation of the Planning
and Zoning Board, denying the petition, the Board having felt Such
classification change of the land would be detrimental to future
proper development of the ir~nediate area, as well as lessening tile
limited amount of industrial zoned lands.
Mr. Talbot moved that the recommendation of the Planning and
Zoning Board be sustained, the motion being seconded by Mr. Merritt.
Following discussion and upon call of roll, Mr. Croft, Mr. Merritt,
Mr. Talbot and Mayor Avery voted in favor of the motion and Mr. Jurney
was oppesed.
10.x. Acting City Manager Worthing informed Council that under date
of October 6th, the City's Consulting Engineers advise of tentative
completion of Area 20 portion of the Contract with Dawson Company,
Inc. 0 covering Sewage Works construction in Area 12 and Extensions,
and the following resolution has been prepared concerning portions of
said Area 20.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING PORTIONS OF AREA
NO. 20 OF SANITARY SEWER PROJECT NO. 5964-8b AS OP-
ERATIONAL AND SETTING THE EFFECTIVE DATE FOR THE IN-
ITIAL SCHEDULE OF RATES, FEES AND OTHER CHARGES TO
BE IMPOSED FOR THE SERVICES AND FACILITIES FUPI~ISHED
BY SAID PORTIONS OF AREA NO. 20 OF THE SEWER SYSTEM.
(Copy of Resolution No. 25-67 is attached to the official.copy
of these minutes.) See page 178-C.
Resolution No. 25-67 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Merritt and seconded by Mr.
Talbot'.
10.x. Acting City Manager Worthing informed Council as follows: "The
Annual Convention of the Florida League of Municipalities to be held
in Hollywood, Florida, will be held this year on October 22, 23 & 24,
and should any of you Gentlemen decide to go, and of course this is
a most important meeting to all municipalities of the State, if you
would 1et the City Manager know the end of this week or over the
week-end I'm sure he would be glad to make reservations for your
attendance."
With the consent of Council, Mayor Avery directed that any
councilman wishing to attend said Convention should notify the City
Manager who would be directed to make the.necessary reservations.
lO.b. Acting City Manager WOrthing presentedBills for Approval as
followe:
General Fund $91,093.10
Water Revenue Fund 35,000.00
Water Operating and Maintenance Fund 6,825.96
Cemetery Perpetual Care Fund 1,301.25
Cigarette Tax Bonds, Ser£es 1965,
Sinking Fund Reserve 13,000.00
Cigarette Tax Fund 5,358.00
Construction TruStFund, Sewer 37,139..36
The bills were unanimously ordered paid, on motionbyMr. Merritt
and seconded by Mr. Jurney.
The meeting adjourned at 8~45 P.M.
City Clerk
APPROVED=
MAYOR
-6- 10-9-67
178'A
ORDINANCE NO. 33-67.
AN EMERGF~CY ORDINANCE OF THE CITY
COUNCIL OF,THE CITY OF DELRAY BF~CH,
FLORIDA, HEPEALING SECTION 16~I3,
C~APTER 16 OF THE CODE OF ORDINANCES
OF THIS CITY, PERTAINING TO 0CCUPA-
TIONAL LICENSES.
WHEREAS, the City Council of the City of Delray
Beach, Florida, deems it in the best interest of the City
to repeal that Section of the Code of Ordinances which re-
quires an active Palm Beach County occupational license as
a prerequisite to obtaining an occupationallicense .in this
City; and
WHEREAS, an emergency ordinance is authorized under
Section 30 of the City charter of this City when for the
purpose of faciiitating the dailyoperation of a municipal
department;
NOW, THEREFORE, BE IT ORDAINED BY T~E CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 16-13, Chapter 16 of the
Code of Ordinances of the City of Delray Beach, Florida,
be, and the same is hereby repealed.
Section 2. This ordinance is deemed.to be an
emergency ordinance and shall become effective immediately.
PASSED and ADOPTED this 9th day of October, 1967.
MAYOR
ATTEST=
/SI R. D. W0~,~h$~q,,.
City Clerk
178-B
PROPERTISS IN VX0~ATION OF~ ORDZNANCE 1~O. G-147
~D S~I~S 15-3 ~d 15-4 OF ~ CITY CODS.
PROP~TY
Re, Ssa O'Conno~ P. O. Box 2~42 Vacan~ pa~
Delray Beach, Florida 16, 17 and 18, &
33444 Block 87. 15-4
(220 S. Z. 3=d Ave.)
Southeastern Roy~lBalm.'iceDiv.~ Vacant part of Lots 15-3
Public Service R; .O~ Dra~er..C 9 and 10, Block 83.
Company Miami Springs, Florida (234 N. $. 2nd St.) 15-4
33166
Southeastern . Royal Palm Ice Div. Vacant part of the 15-3
Public'Service P. O~ Box Drawer C part'of Block 91
Company M~ami Springs, Florida lying West of Rail- 15-4
33166 waF &nd'EaSt of-~Lots
9 and 10, B19ck 83.
(302 N. E. 2nd St.)
Violations 15-3 and 15-4 aa concerns this report are as follows~
1, 15-3 -'Garden trash
15-4 - High weeds and heavy growth
2. 15-3 - Garden trash
15-4 - Hig~ weeds and cans, etc.
3. 15-3 - Garden trash
15-4 - High weeds and cans, etc,
Submitted to the City Council by the City Manager
this 9th day of October, 1967.
178-C
I~O~UTION NO. 25-67.
A RESOLUTION OF THE CITY COUNCIL O~ THE CITY OF
DELRAY BEACH, FLORIDA, ACCEPTING PORTIONS OF AREA
NO. 20 OF SANITARY SEWER PROJECT NO. 5964-8b AS OP-
EBATIONAL AND SETTINO THE EFFECTIVE DATE FOR TH~ IN-
ITIAL SCHEDULE OF RATES, FEES AND OTHER CHARGES TO
BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED
'BY SAID PORTIONS OF AREA NO. 20 OF THE SEWER SYSTEM.
WHEREAS, the City entered into a contract for engineering services
with Russell & Axon, Consulting Engineers, on the 30th day of Septem-
ber, 1959, and
WHEREAS, pursuant to said contract, Russell & Axo~ designed an
ocean outfall sewer system together with lift stations and other sani-
tary sewer improvements, hereinafter referred to as Project No. 5964-
8b, and
WHEREAS, Russell & Axon was hired to perform consulting and resi-
dent inspection services for Area No. 12 and Extensions of Sewage
Works ~o~ect No. 5954-8b, and
WHEREAS, it is deemed to be in the best in~ereet of the affected
properties that the initial schedule of rates, fees and other charges
to be imposed for the services and facilities furnished by the sewer
system, as set forth and contained ~n ~solution No. 1359 and
nance No. G-553, are to become effeCtiVe the first day of November,
1967, and
WHEREAS, Russell & Axon has recently certified, as operational,
the following desc~ibed portions of Area No. 20 of Sewage Works Pro-
ject No. 5964-8b:
Lateral .~20~B, S. W. 10th Ave. bet. 2n~ & 4th Streets!
Lateral 20-B-1, S.W. 3rd St. " 8th & 10th Avenues1
Lateral 20-B-2, S.W. 3rd Ct. " 8th & 10th Avenues, and
Lateral 20-D, S. W. 11th Ave. " 2nd & 4th Streets.
NOW, THEREFORE, HE IT RESOLVED BY THE CITY COUNCILi OF THE CITY OF
DELBAY BEACH, FLORIDA, AS FOLLOWS~
1. That the portions of Area 20 within the Sanitary Sewer System
heretofore designated Pro,eot No. 5964-8b, which portions are specif-
ically identifie~ hereinabove, are hereby accepted by the City as be-
ing operational, and the initial schedule of rates, fees and other
charges previously established, and applicable thereto, shall become
effective November 1, 1967.
2. That nothing herein contained sha11 be construed as discharg-
ing the contractors from the strict performance of their remaining
contractural duties. That each of the contractors, and their bonding
companies, remain responsible in all respects until released in ac-
cordance with their agreements with the City.
PASSED and ADOPTED this 9th day of OCtober, 1967.
/S/_A!. C_:. Avery
MAYOR` - . ..:
ATTE ST:
/S/ R., D. wQ~thinq ..... City Clerk
'0&£