10-28-65 OCTOBER 28, 1965.
A regular meeting of the City CounciL_of Delray Beach was held in
the Council Chambers at 8:00 P.M., with Ma~or Al. C. Avery in the Chair,
City Manager David M. ~atchel, City Attorney John Ross Adams, and
Councilmen J. LeRoy Croft, James H. Jurney, Jack L, Saunders and
George Talbot, Jr., being present.
1, An opening prayer was delivered by the Rev, Byron S. Fruit.
1.a. The Pledge of Allegiance to the Flag of the United States of
America was given.
2. The minutes o~ the regular meeting of October 11th, 1965, were
unanimously approved, on motion by Mr. Talbot and seconded by Mr.
Jurney.
3. There were no public requests from the floor.
4. Mr. Croft read the following Beautification Committee meeting
minutes of'October 22, 1965.-
"1. Mrs. Bowen commented on the fine project the Jsycees had done
in cooperation with the City in planting the area on Atlantic
Avenue at the FEC crose.i.n~g,,~.,%~Mr,.' Merr,itt told of the enthusiasm
of the 20 Jaycees who S~Dpiied"~he'lbbor. All materials were
prgvided by. ~be ~ity. ~r.. ~err!tt .sgi~ ~- t~_e. ro~ck ga.r~en
be completed, soon. ~ .... ' · '~.~
....... the' C[~:. p~k~ng 'lO~'o~":S;''' ~'~ 6th ~venue. ~. ~ode~ made a
. ~Ot~0n, seconded~b~ ~., Sante, to. have ~,, Je~y. Hughs~n
U~ 'plane"to h'e-lP wi~ kht~~'Proje~t. "'MotiOn ca=r:~e'~
'" ;:' ~eao~end i~ ~e Council that they ~esignate ~a month
,~Ye~ as /clean-.Dp Month'. an~ pro~ide an extra pi~k-up
~e~ ~u~eh~d';~=a~h~." ~e~fter;' the"city ore,nan,&-'
.. be en~orce~, Wh~ makes it unlawful to ~eposit any materia~
...u:t ~e= ~an garden trash along the str~ta of ~lray. (Action
:, ? ..~:~ k~pi~g.-~ei~ "city:: ~i~0~t 't~sh,~Xe'e; "A study iS beihg' '~ .
...... ma~e ~f '~at'"~fty's"'~inan~, which ~. Lankton has procured.
~9 e~!ttee ~eeo~eD~ tha~ any un~ght!y pr0Derties such as
an, d the. o~er~ no~e~ 9f any. violat~ons and given., the..Opp~r~
5. :+~: C~i:ttee~, '~e~e-sts :~e 'c~uhcil~ .to::have" the ~ntr~c~St:a'1~:'
S~t~ '~ "the.: ~st" side of the Atlantic Avenue. bridge '~moved.:-
. It h~'s be~n do~ Si~e. q:~e.9; ' ~e A~M Corps of. ~ng:/neers~, who
' .afc resp~ns~ble'fo~" ~.'et~, ~ve ~a~led to take
~.t~er, bu~ perm~spi$on ~s ~en .~an~ed' tO .~e C~ty tO Store
i't. until calle~ ~or; (~c~io'n~ re~ue~e'~)' '
6. ~&~ '~'ve~y ~=Wa'~a~ ~ lettez to ~e ~o~itt&e' ~:~Om
. william c. Handlan,. wh.ich suggests an eye-cateh~ngi'~d~'.
~e~o~t]!ng.: Our. enhanCeS. ~era expressed -appreciation
.th· ~nterest Sho~'by'~is new resident and are '~O~ering
the SuggeStion, ..
"7. Mr. Merritt reported that the temporary wooden letters on
the cemetery entrance have yet to be replaced with the per-
manent aluminum letters originally specified. (Action requested)
8. A committee of Messrs. Sante, Bingham and cartes was appointed
to make a study of mu!table trees and plant life which could
be developed and grown for future use in City plantings."
Concerning item 1, Mr. Croft commended the Jaycees for the fine
job of landscaping they did on Atlantic Avenue at the F.E.C. railroad
crossing, and reported that the Jaycees are interested in beautifying
other areas in the City.
Mayor Avery and Councilman Jurney, members of the Jaycees, also
commended the Jaycees on said landscaping project.
Concerning item 4, Mr. Croft said he had been informed that the City
does not have an ordinance that would cover the condition at the four
unsightly properties on North Swinton Avenue, and suggested an ordi-
nance amendment.
Mayor Avery suggested that the City Attorney be instructed to draw
up an ordinance for Council discussion and ~onsideration.
City Attorney Adams informed the Council that Delray Beach is far
in advance of many cities in Florida, and that Palm Beach County had
just recently copied the City's weed clearing ordinance.
Mr. Talbot suggested that the Ft. MyerS, Florida ordinance, which
keeps their City almost trash-free, be obta%~ed. Mr. Saunders then
moved that these suggestions be carried out, the motion being seconded
by Mr. Talbot and unanimously carried.
Mx. Croft said that many people are not aware of what the City
Ordinance covers concerning trash pick-up, and the City Manager read
Section 14A-5 of the Code of Ordinances concerning separation, of gar-
bage from household trash.
MayorAvery suggested that the newspapers publicize each week the
trash pick-up dates for the different areas, as had been done in the
past, as he feels this is more of.an educational problem than anything
else. City Manager GatUhel agreed to take care of such newspaper
publications.
Concerning item 3, Mr. TaLbot moved that ~he Council instruct the
City Manager to cooperate with the Beautification Committee in the way
of making what arrangements are practical for .the month of November as
Clean-up Month, and that November be designated officially as CLPAN-
UP MONTH IN THE CITY. OF DELRAY BEACH. The motion was seconded by Mr.
Jurney and carried unanimously.
Concerning item 5, City Manager Gatchel said that he had no knowl-
edge of any correspondence of the Administration of the City with the
Corps of Engineers relative to said sign, but that it seems this sign
could be straightened and would inform the visitors that it is the
Intracoastal waterway.
Mayor Avery suggested that it be moved that the City Manager be
directed to take whatever steps necessary, whether by his own forces
or with the help of the Corps of Engineers, to see that said sign is
stra~h~el%~d. It was so moved by Mr. Croft, seconded by Mr. Jurney
and ~mously carried.
~pmern~g item 7, City Clerk worthing informed the COuncil that
steps had been taken today to assure the installation of the aluminum
letters at the cemetery entrance within one week.
4.a. A ~j[ oall'showed the following Civic Organizations and repre-
send, at, vest, be lfl.~tendance~
B~eez~ Ridge Eater, s Mr. John Sword
De~ra~ Beach Board of Realtors Mr. Andrew Gent
Beach Taxpayers League, Inc. Mr. J. watson Dunbar
Tropic Isle Civic Association Mr. John Varney & delegation
-2- 10-28-65
289
Rotary International Mr. Cecil Farter
League of Women voters Mrs. Charles Cross
5. City Clerk Worthing read the following letter from Mr. Robert W.
Fulton, County Superintendent of Public Instruction, dated October
12th, 1965=
"Reference is made to your letter of September 17, in which
you advise that the City Council is still interested in lo-
Cating the vocational School in Delray Beach, and that suit-
able sites are available.
As you know, ~the City of Boynton Beach has offered a 20-acre
'site at no charge to the School Board. The Board is particu-
larly interested in knowing what 20-acre sites are available
to them in the City of Delray Beach, for use as a Vocational
School.
I shall appreciate your advising me, in order that this in-
formation Can be passed' alOn~ to the Board."
Mayor Avery asked City Manager Gatchel to follow through on this
item, and the City Manager informed the Council that he would make
such survey and report to Council concerning same.
5.a.~ ~j...u,~n~y..~r~m~nd~. the Council that a cou~e 93 w~e~s ago, they
had Ut~he~'" t~'"~it~' ~h~ger ~'? 's' ~' i~it~' ~.-u:
to check into the possiSilzty ~f remov-
ing ~unk ggrs. from vacant pFoperties thro~ghg~t th _ it , and s' c
that time~ h.~ h~d not$~.~ iu~k-'¢ars" On }r/rite
I~P~;'" "';'~'"t~em,_~dded' .. :.c:~.~ -, :"'~'~:':":"to the:'U':~ ?~,:iist ~or' ">?: removal.':!~' ~: ~ ,~. ·: -- :,~-,-::~, ........... ~:;,,-.-~ci ,'v..,:~._,., ,,
' ~a~6~-Avery asked that th~ City ~nager comply with ~. J~ney's
5.a .... ~ Ta!~. ~.ln~efl ou~ ~at.~he.fir~t_ph~i Of,~th~.
perce~e~g~"Of'propertleS 'that have not as yet connected to said se~r
eyste~. ~rt~r,..~hat the Council had deferred any..action for~ing
enforC~s are covered by City Ordinance No. G-553~ both improved
proper~ within the City ~at.has, se~r facilities, also Coun}y pro-
proved pr0pertyi'~r~f6~'~, i-m~Ve-~yo~;"~'. ~ayor; that th~ City
Managed, be ~ins}rVg~d to.. dir~ct,.the eDforcement of Or0lnan~ No.. G-553
"' ~ere was diScUsSion 'cOnai~In~ 'th'i ien~" 6~f time ~at ~uld be
given said p~opert~ g~ers to connect to the sanitar se r s~stem
and
~e
CiSy ~nager: asked' 'if it' COUld'be' 60' da~:' fr~' dat~-~'~' :~Oti~
!}~ets.~. ~e cg~nc!!m!~ ~re agr~eab~e-'to that ~6c~dure
5~i ~r' AV~r~: ,aid. th~ ii'<is ~:i~;~eat sadness ~at he
~'~ia like, by ~e Consent. ot the Uouncil, to express tO,her friends
and family,.s~path~ and ,prayeri, for. ~eir streng~ to accept this
5.~'.~' Ma'~or-'Av~ty complaint~d~"~ity ~nager'' ~t~hS1 a~ Fina~a'i.
~rg~d:"~e'p~!.ic'~'t~ r~hd: ~aia ih~tl ' ' : : ....... :" ";.'
290
5.a. Mayor Avery reported that he and the City Manager had attended
the Florida League of Municipalities meeting in Miami from Sunday
through Tuesday, and during said sessions, Mr. David'Lee had talked
on water resources and paid Delray Beach a very high compliment~ fur-
ther, there was a very good report from.the City Manager of Sanford
on cable T.V. and that he hsd assembled said report for possible future
use by Delra¥ Beach. Mayor Avery also said there had been a very fine
talk by General Tom Powers, who is the man that has arranged the strat-
egy for our defense and wrote the desig~ for survival.
5.a. Mayor Avery said that he is mad about the burning of draft cards
and the traitorou~ action on the part of the people in this country
concerning the actions of our government, and that he feels if our
country is worth living in, it is worth fighting for. ~ollowing other
comment, Mayor Avery said that with November llth coming up, it is a
wonderful opportunity for the citizens of Delray Beach to demonstrate
to the world their patriotism, and suggested that a committee be
appointed to meet and organize and ask all the organizations in Delray
Beach to join in a program on Veterans Day, said committee to consist
of the foliowing members= City Manager David Gatchel, Temporary
Chairman~ Mr. Charles Godfrey, Commander of the local V. F. W.~ Mr.
John George, American Legion~ Mr. Warner Rother, ~xalted Ruler of the
Elka~ Mrs. Dorothea Galvin Montgomery, a retired W.A.C. Major~ and
Col. Eric Meyer, of the Reserve Officers.
The Councilmen were agreeable to the appointment of said committee,
and Mayor Avery continued as follows= "Mr. City Manager, you are here-
by directed to call this committee - you are the temporary Chairman
and I am sure you will want to have them elect their own Chairmen -
and use the resources of the City, your energies and the energies of
the City and all the people in this City to develop this Patriotic
Demonstration on November llth."
Mayor Avery said that he would desire that the Superintendent of
Schools and the business houses be petitioned to demonstrate their
cooperation and that the schools be closed that day.
Mr. Saunders reported that a survey had been made of the colleges
throughout the United states and it had been determined that less than
one per cent of the students are burning their draft cards and causing
all of the' trouble.
6.a. City Manager ~atchel informed ~he Council that various churches
within the City have ~ointly applied for a permit to soliuit funds
within the City, house to house, on Halloween Night, rather than pro-
moting "trick or treat", and that funds obtained are to be forwarded
to the United States Committee for UNICEF (United Nations International
Children's Emergency Fund), which ~s considered stri'ctly of a chari-
table and worthy nature.
Mr. Croft moved that said permission be granted, the motion being
seconded by Mr. Talbot and unanimously carried.
6.b. Concerning proposed plans for improvement of a tract of land in
Lot 19, Section 8-46-43, owned by the Lake Ida Development Corporation,
Mr. Andrew Gent presented said plans, and said that in accordance with
Ordinance No. G-491 and an agreement, the owner agrees that any use
plans, as well as construction plane, must first be approved by the
City before the owner shall be entitled to a building permit.
~ollowing examination of said building p!ans, and discussion, Mr.
Croft moved that the plans as submitted be approved and permission
given for them to proceed, the motion being seconded by Mr. Talbot
and unanimously carried.
6.c. Concerning application for approval of Georgia Town Tavern*s
liquor License, City M~nager Gatchel reported to C0~Dcil as follows:
"An application has be99 received for recognition ~f the new owner
and operator of Georgi~Town Tavern, 445 West Atlantic Avenue, namely
Mr. Max Rauch, as a result of his recent purchase o~ the business~
-~- 10-28-65
9,9i
"In compliance with Section 4-21 of the Code of Ordinances, as well as
the applicant having been investigated in prescribed manner and ap-
proved by th~ Beverage Departmen~ and the local Police Department, it
is recommended that t~is application be approved."
Mr. Croft moved~that this aPPlication be approved, the motion being
seconded by Mr. Jurney and unanimously carried.
6.d. City Manager Gatchet informed the Council' that an application
has been received to dispense beer and wine for consumption on the
premises in connection with the operation of a restaurant to be known
as the LEANING TOWER OF PIZZA, located at 522 N. E. 8th Street~ fur-
ther, that the area involved does permit such activity, both zone and
regulation-wise and that the applicants. Mr. David Burns and Mr. Thomas
S. Collins, have been approved in the prescribed manner by both the
State Beverage Department and the City ~olice Department,-and that
Council may deny or grant such request in accordance with the provi-
sions set forth in Chapter 4 of the City's Code of Ordinances.
Said application to dispense beer.and wine for consumption on the
premises was unanimously granted, on motion by Mr. Croft and seconded
by Mr. Jurney.
6.e. Concerning City of Delray Beach representation in "THE NAUTILUS",
City Manager Gatchel reported to COuncil as follows: "The students of
Seacres= High School have submitted a request for City advertisement
Or re~presentati~ ,in:,the~r annual publication. THE N~.UTIL~S,, for the_
ttsement be taken in The Nautilus,. the .motion being seconded~b¥...Mr,.
beth9 s~8~fl~d by ~. Saunders and ~aniaously carried. (Copy
s~y. is attached to the ~ffi=ial copy ef ~ese minutes.)(~ee
6.g~ , .~i~Y"~nager Gatchel informed the Council',tha~ bids
conCrete ~Vement repIaC,me,~ .o~ StFee~. dtsturb6d'by(~e~
Engineers. Russell &Axon.. ~0r 'review and recom~ndatton.' which ~s re-
,jeer: Se~r Project ~, PavemeAt.BidS ~ Recommendation
Of :streets disturbed' bi, sewer c~struction ~rk; ,'As you_are
respon!i~e to;the'btd 'ifi~!~'tion; ~e bidders are 'su~ari~ed'
b. Rubin ~nstruction Co.- $ 36,992.50
"c. Houdaille-Duval-W~iqht Co. $ 36,647.50
(Please note attached bid tabulations. )
3. The low bidder, Houdaille-DuVal-Wright Co., has .submitted
a satisfactory experience record covering several million
dollars worth of work in Palm Beach County. Their bid bond
is in order, and their prices are very reasonable.
4. In view of the above facts, your consulting engineers
recommend award of this contract to Houdaille-Duval-Wright
Co., in the amount of $36,647.50."
Mr. Saunders moved that the low bid of Houdaille-Duval-Wirght Co.,
in the amount of $36,647.50, be accepted, the motfon being seconded
by Mr. Croft and unanimously carried.
6.h. Concerning the establishment of a sale date of certain bonds,
City Manager Gatchel reported to Council as follows: "The City's
fiscal agents, Goodbody & Company and B. J. Van Ingen & Co., Inc.,
advising of the legal and fiscal requirements having now been met,
request Council authorization for establishing a date and hour for
Sealed Bids to be received for the sale of $1,200,000. of Cigarette
Tax Bonds - Series of 1965, as well as of $2,000,000. of Water and
Sewer Revenue Bonds - Series 1965.
It is reconunended that Council determine to receive and make pub-
lic such bids at 2:00 P.M., (E.S.T.} on Tuesday, November 30, 1965, at
the City Hall, Delray Beach, Florida, and subject to award of bonds
and confirmation of sales at that time, it is further recommended that
delivery of bonds be scheduled for January 5, 1966."
Said recommendations were unanimously approved, on motion by. Mr.
Croft and seconded by Mr. Saunders.
7.8. City Clerk Worthing informed the Council that a petition had been
received from the owners of approximately 75 platted lots and 22 un-
platted acres lying in Delray Beach Heights ExtensiOn requesting con-
sideration for reclassification of said lands from R-lA (Single Family
Dwelling District) to R-3 (Multiple ~'amily Dwelling District), and
that Council may, by virtue of the Zoning Code, deny such _pe~ition or
refer same to the Planning/Zoning Board for a public hearing to be
held thereon.
Said petition was unanimously referred to the Planning/Zoning
Board for public hearing, on motion by Mr. Saunders and seconded by
Mr. Ta 1bot.
?.b. City Clerk Worthing presented the following letter sig~ed by
Mrs. Clifford W. Hagemeyer, Flower Show Chairman, dated September 30th.-
"The Garden C~ubs of Delray Beach are planning to sponsor a
standard flower show in the Spring of 1966 and again we are
asking if we might use the g~mnasium of the Recreation Building.
It is necessary to have the gymnasium at our disposal for four
days. The first two days for staging &~d receiving the horti-
culture, the third day for Judging in the morning then opening
the show from 2:00 P.M. until 9:00 P.M. for the public. The
fourth day for dismantling, cleaning up and leaving the build-
ing in good order.
We realize there is a schedule of organized recreation at the
center but we hOpe the following dates may be open - March 23,
24, 25 and 26th.
Every care would be exercised ~o protect the floor and the
equipment. The South door would be .used at all times, even
the ~ay of the show when it is open to the
Please present our request to the City Commission as early as
possible as we cannot g~t to work on our plans and show schedule
until we hear from you." -6~ 10-28-65
293
Said request of the Garden Clubs of Delray Beech was unanimously
granted,, subject to there b~ing no conflict with the regularly sched-
uled recreational programS* On motion by Mr. ~oft and ~econded by Mr.
Ta lbo~.
7.c. Concerning a rec~est of 'the Church of Christ to use the Pony
League Field for conducting a gospel meeting, City Clerk Worthing in-
formed the Council that the V. F. W. O~Neal-Priest Post No. 4141 holds
a lease on the Pony League Field, and under date of September 28th,
1965, expressed their approve! for the use of the field by the Church
of Christ for holding a gospel meetin~ for the period commencing Sun-
day, Noven~ber 28th, through Sunday, December 12th, 1965t further, that
if it is the pleasure of the Council to grant this request, such per-
mit should be subject to the Fire Chief's approval of the tent to be
used, which shall have been treated with a fleme-retardant chemical.
It was pointed out that this request and also the request in
agenda item 7.d. are from local church organizations and it is not
felt necessary that they be referred to the Ministerial Association
for their review and recommendation.
Mr. Saunders moved that said request of the Church of Christ be
granted, the motion being seconded by Mr. Talbot and unanimously
carried.
7.d. Concerning s petition of Bvangelist J. T. T~rner for permit to
0h: ~r~vate' va'~a~ ~anas' a~ ~h~ 'a~u~heaS~ c0~n~k ~f N'~':W'.'~'i0:th~''~v~ue '
and 2nd Street for the purpose of conducti~g revival meetings during
the. month o~. Np. ye_mb~er.~' ..fur~hen, this. s~ame local church or.ganiza~.~ion
C~duc~ed s'im~la~r~ils~r%~ceS, ~ith-C0U'ncix appr~Val~ ias%' year' a~d:kn a
f~re re~lstant:treat~d~ and ~issiOn ~eing ~IVed
se~°naea~ ~:~: Saunaers 'an~ u~a~i~U~:iy'''~arri~d:'
City Cie:~ ~a~. P~esen'~ed '~SOLU~ON N~.' ~7-~.
a a'c ed
t'i%e "tO' cost o~ clean-up due to Hu=r~cane Betsy.
Mayor Aver~ ~el!nqu!shed ~ gavel to Vi~e-~a~r Saunde~s.and
s~ted that he .is .on're~ord as ~ing agai.st Federal ~unde~ ~or this
P~zp~S® ;': ~at ~eac~..er6:S~On 0r.Wa~ys a~'.:WOr~.~" ~h~ng$' :fOr'..~dera 1
is in.. go.Od :finanCes!' Co~d:ft~n, ' and m°V~d' that:'the'City
m6t~on' being secpnded by ~. saUnders after' retU=nihg thb gav~'~''
- ..,,, -: -7. ,.., . - . .: · . .
' C"' ' ": ~ ' ' ";' ~''' '" ' ~ ' ' ::' ' " ' ::' " ' "-
. . x~y aanagar ,6atche~ 'a~vised .~a't the C~ty would apply for ~Some'
$i9",'.0~0:;~0. ~f,.~un~!1.:apprOVed aeaol~tion No. 4-7=65.r: ho~ver~ .:after
~e e'~g~le fo= apprOxima'i~'iy '$5;~0.0'0; and that
nd-.many.~o~e: of WOrk~ someone ~t~en that and $.19,000,~' a' figure
FollowiDg c~ments by each Counci~man, City A~torney Adams, comment-
ed: aS follows. I helie~ I sa~d the 'sa~ ~ing last year ~n 'there
10-28-65
was some consideration about accepting the money for the aftermath of
Cleo; to me, it seems it is a big enough decision that if I thought
you were going ~o vote affirmatively against t~king the money, I would
suggest a referendum, and I believe there ~s a time element that makes
that impossible, so I would caution you that you are more or less giv-
ing away taxpayers' money, and I would advise you not to do that with-
out a referendum."
Upon call of roll that the City not accept the Federal money, M~.
Saunders and Mayor Avery voted for the motion and Mr. Croft, Mr.
Jurney and Mr. Talbot were opposed. The motion did not carry.
Mr. Saunders then moved that Resolution No. 47-65 be approved, the
motion being seconded by Mr. Talbot. Upon call of ro11, Mr. Croft, Mr.
Jurney~ Mr. Saunders and Mr. Talbot voted in favor of the motion and
Mayor Avery was opposed.
8.b. The City Clerk presented ORDINANCE NO. 35-65.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
Dm-L~AY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH C~RTAIN LAI~ LOCATED IN'SECTION 21,
TOWNSHIP 46 SOUTH, ~ANGE 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE
ZONING THEREOF. (part Southpoint Shopping Center}
Ordinance NO. 35~65 was unanimously placed on first reading on
motion by 'Mr. Saunders and seconded by Mr. Talbot.
8.c. City Clerk Worthing presented ORDINANCE NO. 36-65.
AN ORDINANCE OF THE CITY COUNCIL OF ~THE CITY OF
DELRAY BEACH, -FLORIDA, ANNEXIN~ TO THE CITY OF
DELRAY BEACH. LOTS 1 THROUGH 10 INCLUSIVE, BLOCK
2, AND LOTS i THROUGH 44 INCLUSIVE, BLOCK 16,
EATON PARK, WHICH LAND .IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;"
AND PROVIDING FOR THE ZONING THEREOF. (South Federal HWy. )
The City Clerk then informed the CounCil that the Planning/Zoning
Board had reviewed said application for annexation, and unanimously
recommend annexation of said lands with a C-2 zoning classification.
Ordinance No. 36-65 was unanimously placed on first reading, on
motion by Mr. ~lbot and seconded by Mr. Jurney.
8.d. The City Clerk presented ORDINANCE NO. 37-65.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH PERTAINING TO THE MAINTENANCE OF SEA
WALLS WITHIN THE CORPORATE LIMITS OF THE CITY;
PROVIDING PENALTIES FOR VIOLATION; SAVINGS CLAUSE;
EFFECTIVE DATE~ AND FOR OTI~R PURPOSES.
City Manager Gatuhel informed the Council that the City Attorney
had been very diligent in his prepa~a~ion of Ordinances No~ 37-.65 and
38-65, and suggested that after the C°uncil has had an opportu~ to
study these ordinan~es, a work-shop 'session be scheduled for possible
questions and dieaussion.
Ordinance No. 37-$~ was unanimously placed on first reading on
motion by Mr. Saunders and seconded bY. Mr. Jurney.
-8- 10-28-65
295
8.x. City Clerk Worthing presented ORDINANCE NO. 38-65.
AN ORDII~ANCE OF THE CITY COUNCIL OF THE CITY.OF
DELRAY BEACH, FLORIDA, AMENDING ~ CITY BUILD-
lNG CODE BY.R~UIRING PERMITS FOR THE ERECTION,
CONSTRUCTION OR ALTERATIONS OF SEA WALLS wITHIN
THE CORPORATE LIMITS .OF THE C~TY; REOUIRING SAME
TO BE DESIGIq~D BY ENGINEERS REGISTERED. UNDER THE
LAWS OF~ THE. STATE .OF FLORIDA AND PROVIDING SAME
SHALL BE SUBJECT TO THE APPROVAL OF THE CITY
ENGINEER~ PENALTY PROVISIONS; SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Ordinance No. 38-65 was unanimously placed on first reading on
motion by Mr. Talbot and seconded by Mr. Jurney.
9.a. City Clerk reported to Council as follows:
"Council, on September 2?th, referre~ the petition received from
the owner of Lot 1, ~eacrest Subdivision, 201 Seacrest Lane, to
the Planning/Zoning Board for its review~ and recommendation. The
Board's report, signed by R. A. Hughson, Zoning Director, is as
follows:
'The request for the annexation of Lot 1, SEACREST S/D,
and the .~equest~ to have .th_~ zoning, eat.abl.~hed as R-2
(One an~ Two ~amily DWelling DiStrict) was diSCUSSed,
and g.~ ~.. m,o~ipr~,by,A~clrew..G~.nt.,~nd Sec.,,o,~d~ ,hy..~.~t~art
La "' ' '~ - . -4. '
he r~g~ ~,:~, r~e,~at~.e.t.O~ re~oning ~=the: enti~.. ~eacrest
School, p~pp~rty~i.~d,..xS..;comp.=i.sed., of' L2' lo~t~,,, 9] ~f'.wI~tch have
re~enti~..'~.e~,'~X"~:'~,o:' t~!:'.Ci~Yi~...~ ~'~:~:i'~i~a'l~y ,old,
deVeloP'~f., i; ~tr.~ {, R~'ph~;. ~l~me~e~,,;-," ~ho" h~Pp'6=ns' .~o' "Be' th~'' indivi -
alU[il s~i~'~i~% %~er'pe~itio~ fO~:'annexation of his home,
referred ~ hereinabo~e
':" ~.':~xJ~t '~:~'~: t~" Ap~'%~ 't~e ~a~nin9 ~oara ~epo~t, t~e motion
being seconded by ~. Talbot and unanimously carried.
lO.x .... CiSy Clerk,worthing said tha~ in view o~ earlier a~tio~b~
Counci.! ~.~',eVeni~g tn approving, a sale date for' the .$2,000,0~0..
lishi~,~:2=0O ~.M.. date on ~esaay, No,velar 3O,. 1965, as the sale
~aee o~ '~'a~~.~'-'~. "~ "~'~:'"' ~'"'" .' '" '" "~"~." ~; .... :;~
the '~e~e~.~S~s~m;'9'f S~id' ~itY~.'an~
~sR~s,. i~ is., necessary
to ~ix the ~O~m o~ notice
FLORI~ :. -9- 10-28-65
296
1. That the $2,000,000 water and Sewer Revenue Bonds, ,Series
1965 of the City of Delray Beach, Florida, heretofore authorized by
resolution adopted on July 12, 1965, shall be sold at public sale,
upon sealed bide, at 2=00 o'clock P.M. (E~S.To) on November 30,'1965.
2. The City Clerk is hereby'authorized anddirected to publish
s notice of such s&le, in substantially the form attached hereto, in
the Delray Beach News-Journal,. a newsgaper published in Delray Beach,
Florida st least once, at least ten (LO) days prior to Nove~ber 30,
1965. Such notice may also be published, ~n the d~scretion of the
City Clerk in a'financisl newspager or journal published in the City
of New York, New York.
3. This resolution shall take effect immediately.
Passed and adopted this day of October, 1965.
RESOLUTION NO. 48-65-A.
A ~ESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE SALE OF
$1,200,000..CIGARETTE TAX BONDS OF TH~ CITY OF
DEL~AY BEACH, FLORIDA.
WHEREAS, thisCouncilhas heretofore, by resolution duly adopted
on the lSth day of August 1965, provided for the issuance of $1,200,000.
Cigarette Tax. Bond~ of the City of Delray Beach, FLorida, for the pur-
pose of financing the coat of constructing and acquisition of Capital
Improvements in said City~ and
WHEREAS, it ia necessary to authorize ~he sale of said BOndS and
to fix the form of notice thereof~ now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA=
1. That the $1,200,000. Cigarette Tax Bonds of the City of Delray
Beach, FLorida, heretofore authorized by resolution adopted on August
].3, L965, shall be sold at public sale, upon sealed bids, ~at 2=00
o'clock P.M. (~.S.T.) on ~ovember 30, 1965.
2. The C~ty Clerk is hereby authorized and directed to publish a
notice of such sale, in substantially the form attached hereto, in
the Delray Beach News-Journal, a newspaper published ~n DeLray Beach,
Florida at least once,.~a~, least ten ~10) days prior to November 30,
196~. Such notice ma~ a~so be ~ublished, in the discretion of the
City Clerk in'a financial newspaper or jouranl p~blished in the City
of New York, Ne~ York.
3. This resolution shall take effect
Passed an~ adopted ~h~a· day of October, 1965.
ATTEST: M A Y O R
City Clerk
-10- 10128*65.
Resolutto
'
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~ o~ the ,~ces, it ~--u~e ~io 'j"~F ~each ~i' ~ ~tew ....
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' not fa- - '' Partt~,..-"~ng
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, . an b~ ~--:. ~ati ' ? ~ c he o the
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m~:~:: '-f. :' --~'~ ~' :,-,m~~ ent~2. ' -~,?lre ~;2_ .',?aln9 t~'-~:.
dtre6 ' .-,. try a ~ ? ~--.lon 0 ' -ar'hay :'~: ?
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· ~n -.: .... Prese -." . d be ~tre ,t ...... ',: nutaa .' not
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6a~:~...._.~ Ju~ne.; ...... . .,, ~t have - ge~ ~.~,. ~ - -.- ~' . hard
~ cO" ~,.~:~, ~ ~0~ "--:~'"' '" .... : ' ' ~ ~ 0 "~Ot ':'-:-'::',' .:.
~eeea~cb .~. ed ~.at t.. ::., .. ' .... ~d~aan~ _ . the
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-~z- '"inkin, ~ . ,ey
~ co - C ~eCt-
10.28.65 ouneii
soon as ~t is feasible, the motion being seconded by Mr. Talbot and...
unanimously carried.
Mr. Talbot suggested that pictures be taken of the front and.'badk
yards of improved properties that are placed on a nuisance list, and
Mayor Avery said that he believed any suggestions would be welcomed
by the City Manager and City Attorney.
10.x. City Manager Gatchel refe=red to a bill just received from the
Glace Engineering Corporation for the re-study of Section ! of the
Beach Erosion Survey,'in the amount of $458.90, which re-study had
been requested by the Council. The City Manager continued as follows=
"Gentlemen, you did order an encumbrance on our 1964-65 Budget to pay
this bill, and
authorize this to be paid from the ImProvement FUnd, to which a like
amount would be transferred from the Contingencies of the 1964-6S
Budget to cover this expense, and keep it under your Improvement Fund."
It was so moved byMr. Croft, seconded by Mr. Jurney and unanimously
carried.
10.a. City Clerk Worthing presented the following Bills for Approval~
General Fund $ 167,328.46
Water Operating & Maintenance Fund 5,125.70
Water Revenue Fund 89,665.51
Special Assessment Fund 710.82
Refundable Deposits Fund 3,553.32
Improvement Fund 556.00
Disaster Fund- 1,942.51
The bills Wer~ unanimously ordered paid on motion by Mr. Jurney
and seconded by Mr. Talbot.
lO.x. Mr. Saunders said that the recent heavy rains had b~ought to
light that there are some areas with poor drainage conditions, one of
which is Breezy Ridge Estates, ~hich lies out by the Delray Beach
Country Club; further, that he had asked City Engineer Fleming to see
what could be done there, but apparently there was nothing that could
be done as the canal had overflowed.
Mr. Saundera moved that the City Manager be instructed .to have the
City Engineer coordinate this with the Lake Worth Drainage DistrAct,
in order that those people"may have some relief if such a thing occurs
again. The motion was seconded by Mr. Talbot and carried unanimously.
10.x. Mr. Jurney said he had intended to mention that drainage situ-
ation in Breezy Ridge Estates and also that he had noti=ed numerous
holes in the streets of Delray Beach that are in need of patching, as
they create somewhat of a hazard.
Mayor Avery said that could be taken care of by a request to the
city Manager, and that it is so requested.
10.x. City Manager Gatchel called 'to COUl~Cil attention the fact that
one of the oldest and most valued City employees is attending his last
meeting with 'Counc~ tonight, t~a~ being Mr. Ralph Hughson, the Build-
ing Official. ~urt~er, $hat Mr. Hughson is going into semi-retirement
and that Oc%Ober ~lst witX terminate his services after aboUt fifteen
years with the City of~Delray Beach.
Mayor Avery asked~ for applause for the high opinion held of Mr.
Hughson and in appreciation of the work that he has done.
lO.x. Mr. Talbot'was wished a Happy Birthday.
The meeting adjourned at 9:40 P.M~
PROP~R?X~S ZN VXOLA?ZON OF ORD1'NANCE NO. G-147
AND SSOI~XONS 15-3 & 15-4 OF ~ CXTY CODE.
PROP~ CX~
~ ~D~SS DES~PTXO~
L. W~ll~am Mezoff, Rt. % 1, ~x. 107 Lot 5, Block 13, 15-3
et al. ~rly, V~rg~n~a ~l-Ida Park 15-4
2. H. A. ~skey '1~8 ~erglades AVe. ~ergr~
Pa~ ~aoh, Florida ~ 21, Block 6,
Del-Ida Pa=k
. 3;. Salvato=e & ' 47 ~u~kshank Ave. ~t 14, Block 4,
~=an~es Paran~nfo H~ps~ead, L. I ;.~ N.Y. Sou~r~dge 15-4
4. C~ty of ~l~aY . City Hall Nor~ s~de of N.B. 4th
Bea~ Delray Beach, Fla. Street ~ batten
5. Edmund J. & ~er~o~ pa=~ of Sou~
Virginia ~en ~udonville, N.Y. 20 feet of ~t 11, all
of ~t ~2 & ~rth 9 feet 15-3
of ~t 13
6. Evel~ H. B~tner Rt. % 2, ~ts 44 & 4B,
~e Great ~ad Seagate ~toneio~ 15-4
Princeton, N. J.
7. Mar~ L. PI~ c/o ~enue J. PI~ ~ot 75 feet of ~t 40,
~eer ~ny Block 5, 15-4
N~Xos, M~Ch~gan Seagate
8. ~arles R. 233 R~dge R~d ~8t SO feet of ~ 39
R~sdon, Jr. Grosoe Point Farms, & East 25 f~t Of ~t 40,
M~ohtgan Block 5, 15-4
Seagate Extension
9. HarOld P. ~ Alice 1434 E. ~y Point Rd.~st 75 fee~ of ~t 38,
K. ~eller M~l~ukee 17, 8lock 5, 1S-4
WiS~ns~n - 53217 ~agate ~ns~on
10. W~ll~am a 1364 S. E. 10th S~. ~t 36, Bl~k
No~ MoFF~s P~no ~aoh, Fla. Seagate ~ens~on 15-4
11. ~hrt H. 1039 S. ~Oan Blvd. ~t8 33 & 34,
~a~an ~lray ~ach, Fla. Seagate ~x~ns~n 15-4
12. ~tav~a M.D. P.O. Box 87 ~ts 31 a 32, Biock 5,
~n W~lm~ngton 99. ~1. Seagate ~tens~on 15-4
13. Mar~e H. LlO~S ~rbOr Sou~ 35 feet of ~t 29
~rtson Huntington, L.i~sN.y. & all of ~t 30, Block
Seagate Extension 15-4
14. ~r~e H. Llo~s Harbor ~t 28 & ~r~h 65 feet
Robertson ~t~ngton, ~L.I.,N.y. of ~ 29, Block
Seagate ~ns~on 15-4
15. John B. a Lo~s 74 Cl~v~ew Dr~ve ~t 27, Block
~o~n I~n, Pa. Seagate ~nsion 15-4
16. K. E. & 127 Avery Dr~ve.N.R. ~t 23, Block
~erine hrd8 Atlanta 9, Georgia Seagate ~ens~on 15-4
Page 2.
17, Bayview Limited c/o Hallett-Whitney Lot 22, Block 5,
& Patton Seagate Extension 15-4
Hamilton. Bermuda
18. ~ H. Due Box 636 Lot 20, B~ock
Delray Beach, 'Fla. Seagate ~Extens~on 15-4
19. Naomi Richey 1~4 Seagate Road Lot 18, Block
Bliss Palm Beach, Florida Seagate Extension 15-4
20. Mildred Wo County L~ne Road Lot 17, Block
Giffhorn ~11y Rt. % 3 Seagate Extension 15-4
Chagrin Falls, Ohio - 44022 ~.-
21. Natalie Lo F-. Warren~ Street Overgrown pamt
Conroy ~gewa~er Park, N.J. I less South 2 feet, 15-3
Block 3, Del-I~a Park 15-4
VIOLATIONS 15-3 & 15-4 aa concerns this report
&z~ .Ss follows:
1. 15-3 - Storm damaged trees
15-4 ~ Weeds & vines.
2. 15-4 - Weeds
3. 15-4 ?..under. brush-- (Scrub oak, Weeds a Vines)
4. 15-3 =.Tra~sh-~ t£~ ~ans, etc.
15-4 ~ Weeds
5. 15-3 = Garden trash
15-4 - Weeds
6. 15-4 - Weeds
7. 15-4 ~ Weeds
8. 15-4 - Weeds
9. 1~-4 - Weeas
10. 15-4 = Weeds
11. 15-4 .. Weeds
12. 15-4 = Weeds
13. 15-4 - Weeds
14. 15-4 - Weeds
16. 15-4 = Weeds
17. 15-4 - Weeds
18. 15-4 - Weeds
19. 15-4 - Weeds
20. 15-4 = Weeds
21. 15-3 - Fronds & trash.
15-4 ~ Weeds
Submitted to the City Council by the City Manager
on ~h~s 28th day of October,, 1965.
EXHIBIT "A"
RESOLUTION NO. 47-65.
Attachment for Application No.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DRLRAY BPA~H, FLORIDA, T~ATDAVID M. GATCHEL, CITY MANAGER,
be and he is hereby authorized to execute for and in behalf
of the City of Delray Beach, Florida, a public entity estab-
lished under ~he laws of the State of Florida, this applica-
tion and to file it in the appropriate State Office for the
purpose of obtaining certain Federal ~inancial assistance un-
der the Federal Disaster ACt (Public Law 875, 81at Congress;
42 U.S.C. 1855-1855g}.
Passed and adopted this 28th flay of October, 1965.
Jack ~'-Saunder'&', ViC& Mayor
''~a~e~. Jurne¥, Councilman
Jr., Councilman
CERTIFICATION
I, ROBERT D. WORT~ilNG, duly appointed and City Clerk
of the City of Dslray Beach, do hereby certify that the above
is a true and correct copy of a resolution passed and approved
by the City Council of the City of Delray Beach on the 28th
day of October, 1965.
..... Robe~"D~ Wo~t~i&g~'"~ity Ci~rk