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04-10-61 APRIL 10, 1961. A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8:00 P.M., with Mayor George V. Warren in the Chair, City Manager George Mingle, City Attorney Richard F. Zimmerman and Councilmen A1 C. Avery, Dugal G. Campbell, Glenn B. 8undy and John A. Thayer being present. An opening prayer was delivered by Rev. J. W. Nabors. Mayor Warren read the following Planning Board report, dated April ~, 1961: "On March 17, 1961 the Planning and Zoning Board held a Special Hearing to consider the rezoning of lands along N. E. Pirst Avenue described in a petition submitted to the City Council by Mr. Patterson. "Since that time the Board has held three lengthy meetings to arrive at conclusions with regard to this matter. This has been difficult to do and still is to a degree as certain basic concepts are involved. A Brief outline of the bases for our thinking is necessary before we can state our con- clusions contained in actions on motions later described. "From the inception of rezoning requests in this area most if not all of the Board felt that the mere size of the Haggart property offered a splendid opportunity to create a unique asset to the city if properly developed and properly controlled. Through-out the early stages of this controversy we as well as many others tended to look at the matter narrowly as pertaining to a single piece of property. This approach established in many minds the idea of creeping, unregulated zoning and the opposition was great. This tended to create rather a deadlock in thinking and approach. "Our continued contact with the problem has greatly widened our approach to the problem. Many forces and individuals have contributed to the idea of an areawide approach to this area based on a conl~tructive plan to take care of present needs and future as well. This area can be outlined as from 2nd Ave° west to the west of the New city hall buildings and from Atlantic Ave. north to 4th Street. The six members of the Board last night all went on record as favoring the wide approach. "A part cf this area approach includes the ultimate idea of all of the Ia. nd north of Atlantic Ave. north to 4th Street and between Swinton Ave. and N. W. First Street ultimately coming under the ownership of the city. This would become a well landscaped park and site of future city buildings such as an auditorium, music hall, museum, etc. The possibilit~ of such broadening of this central municipal area would make a spectacular change on the face of De2may. The Board lest night went on record unanimously that they favored the idea of such a development. This concept becomes in a large way the core of the area development. The location of this major heart of Delray would greatly tend to uplift the '~hole central area of the city. "It is probable that the present elementary .~choo! site on Atlantic will b~ abandoned as such, How far off this may b~ has not been determined. The purchase of thi~ land by the city in the future would e. ssure a parking ar,sa f~£ng Atlantic ~ve. and accessible to much of West Atlantic and handling ~Ughly 300 cars. This is a second major key to orderly and "~roper near by development. "There can be but little doubt of the possibility that in time remaining area will na~urally gravitate toward the com- mercial of high type. Wh~ is the real question. The evidence at the moment does not indicate ~hat there is any immediate APRIL 10, 1961. necessity to rezone all of the area involved. Certain changes do appear Just~ied. When an ~verall area plan is accepted~. which can be made slowly and carefully and when really needed. "It appea~s to be perfectly proper in zoning to predicate changes in zones on acceptable plans being presented by the developer and subject to his completion of same. The Board whet on record unanimously as favoring a trial in this pro- c edure. "The Boamd unanimously approved a motion to the effect that Mr. Haggart be requested to submit simple plans for his property to the Planning and Zoning Board in an attempt to fit such plans into the over all area picture. This is our recommendation to the Council. "The Board further moved and unanimously approved a motion that the Board convene again when Mr. Haggart has been con- sulted and has rough plans to discuss with the Board along the lines as outlined above. "The following recommendation to the City Council was approved 5-1 by the Board. ,,We request the City council to hold up final action on this matter until we have an oppor- tunity to receive plans from Mr~ Haggart for the development of his city block which we '.'~eel could be a real asset to the co~aerciai plans of the city if developed properly in terms of an overall plan for the ames, and also ~'to have an opportunity to go into this matter in more detail with Mr. George Simons, Jr. "We have had several opportunities recently to disc,~ss all this with ~M. Simons. His general approval of this is at- tached in his letter dated March 31, 1961. "The attached statistics derived from the petitions submitted and the r~sults obtained at the hearing itself. These were coded and prepared by the office of the city clerk.:' Mr. Campbell moved that acknowledgement of the report r~ceived from the Planning Board be given, and further moved for deniel of the request for rezoning the area covered by this petition that the Board refers to; further that the Board be asked to continue the study covered by tb.e report and that this request be promptly forwarded to the Board and due publicity be given to the report and to the proposed study. The notion was seconded by Mr. Thayer and. carried unanimously. Mayor Warren stated that the rezoning request has been denied but the Planning Board will survey the whole area that has been in- volved and if they so deem, anytime during this coming year that a proper change in zoning might be made that would be a credit to the city in appearance and location of business, that they could request a change in zoning in one portion or another of this area involved, and if such a request comes from the Planning Board it would be sub~ Ject to the usual public hearing, etc. Mr. Ha~gart, owner of a portion of the property covered in the request for rezoning expressed his disappointment at the denial of the request but stated that it is his desire tol cooperate 'with ~he -- Planning Board and the City Council. City Clerk Worthing read the following Planning Board Report, dated April 1, 1961: "In regular meeting on March 31 the Planning and Zoning Board reconsidered the permissive use for the Jordan Baptist Church which you returned to us on March 2?th. "The Board wishes to reaffir~our position taken at our last meeting and submitted t~ you under date of March 1~ 1961. - 2 - 4-10-61 APRIL 10, 1961. "Should the council feel that further information is quired we suggest that the building inspector or other individual 7ou ma7 see fit to appoint obtain such infor~- marion as you ma~ desire meg~dtn~ plus, site loc~t~ons, park~ ~eas, appe~ce, financial ~esponsibility, etc." The Co~cil was l~ormed ~at the M~ch 1st report referred to is ~s follows: "The ~a~d considered this request very carefully from all the i~or~tion available, and c~e to the conclusion that despite the fact ~t land could be purchased to the south of their p~esent property providi~ access, etc., that ine~ficient ~ea e~sts to w~r~t a church and religious educational building as a permissive use on this land." Following discussion it was moved by ~. C~bell to co, cfm with the suggestion of the Plying Bo~d that a s~dy be ~de ~d that a mem- ber of the Co~cil who is f~liar with the ~ea, together with Ralph Hughson, be authorized to m~e such a study and repo~t a~ ~he next meeting. The motion was seconded ~ ~. Ave~ ~d c~ried unanimously City Cl~k ~o~ing repo~ted t~t in regul~ meeting on M~ch 31, 1961 the Plying and Zoning Bo~d considered the site location for the Boy Scout Hut w~ch t~ Co~cil ~efer~ed to th. em on March 27th and t~t ~ere would be a public hearing on this ~tter at 4:00 P.M. ril 28th, 1961, in the m~icipal co~t room of the Police Building, S. E. 5th Avenue. and that ~e ~ea of land being considered that p~t of the BE$ ~ M~el La~ C~~,s Lot 5, Section 8-46-43~ lying North of Lake Ida Ro~. City Ol~k Wort~ then read the following Plying Board report dated April 1, 1961: "In regui~ m~eting on March 31, 1961 the Pla~ing and Zoning Board studied the ~..equest for abaudo~ent of a right of way along N. E. 6~h Street between 7th Avenue and the alley way to the East between 7~ ~d 8th Avenues. "The Board decided that no useful pu~o~e would be served to ca~ry 6th Strest t~u. ~ere are adsquate roads of entry iz:~to ~.d aro.~a~d this area. Should future changes ~equire additional road co~ections fifth and fourth Streets would be far prefer'able. C~nging sixth Street in this area would materially alter ~at is now'a very nice well protected '~The Board unanimously ~eco~ends that the ~equest for abandon- ment be approved p~oviding that necessary utilities or ease- ments ~e provided. We further reco~end that should this abando~ent be granted -~hat in the event there are existing utilities in this R~ which would have to be c~nged that this be done at the o~ers e~ense." It was moved by ~. 8~dy to accept the ~eco~endatlon of the Pla~ing Board as to the utilities and abandon N. E. 6th Street between N. E. 7th Avenue ~d the alley between N. E. 7th and 8th Avenues. The motion was seconded by ~. Avery. Following lengthy discussion ~d upon call of roll ~. Ave~, ~. $~dy, ~. Thayer and Mayor War~e~ voted in favor of the motion, ~. C~bell bei~ opposed. City Clerk Wetting then read the following P~lng Be~d report dated April !, 1961: "In regular meet~ on M~oh 31, 1961 the Pla~img ar~.d Zoning Board held a he~ing on a request to ~-ezone Lots 16, 17 ~d 18 and the West 37.5' of Lot 1%, ~eatley S/D, Delray Beach, Florida. "Thirteen pecple were notified. T~ee properties notified were present at the hearing and were opposed. ~wo properties phoned me thei~ opposition. - 3 - 4-10-61 APRIL 10, 1961. "The Beach Tax Payers League were strongly represented and their opposition was voiced. Sixteen letters were received from members of the league opposing the change. Letters about this hearing were sent to all members of the League. "The Board voted unanimously to deny this request as there is no evidence Justifying such a change at this time." It was moved by Mr. 0ampbell that the recommendation of the Planning Board be accepted and the rezoning request be denied, the motion being seconded by Mr. Avery and unanimously carried. On motion by Mr. Oampbell, seconded by Mr. Bundy and unanimously carried the minutes of April 3rd, 1961 meeting were approved. Councilman Thayer thanked' the Council and public for their kind- ness during his recent illness and stated that following a recent check-up he had been informed that he is now in very good health. City Clerk Worthing read the following.memorandum from the Director of Public Works, dated April 6, 1961: "~ubJect'~ T,,~,,.~,,.~,m,,,~ ~ .,,,,~,.,-,. ,,,,,-. ~ex. ~,~j '~.d Chassis. ,.~,~s were received separately for a new 20 C.=Y. Packer Body and for a suitable chassis upon which it wily be installed. Bids for the body were as follows: "Florida-Georgia Tractor Co. for Leach 20 yd ?~.ckmsster$~',649.00 "Cecil & Bruce Truck Equipment Inc. for 20 C.Y,. Hell Collectomatic Mark II Refuse Collection D~it .... - 5,480.00 'Tom Wood Truck Equipment Co., Inc. for 20 C.Y, Gar Wood Load Packer 600 ........... 4,550.00 "Bids for ~'~?~¢ H~il Csilectomatic Unit and .for t~e Gar Wood Uni~ did not m~et specifications, and it is recormuended that the award be made to the Florida-Georgia Tractor Co. for the new Leach Packmaster in the amount of $5,6~9.00 as ~he lowest; satisfactory bid. "Detai].s ir;. ?~'hi~h t.h~ two bidders did not meet ~pecl;:'ications are rather i~ngthy az~.d will be available, i~or discus~ion, if desired. "Bids for the Chassis, delivered to the home plant of the manufacturer of the body for installation, a~e as foiXows'~ "Hunt Truck Sa~.s & ~e.~i¢~ Inc. for ~h~te, Model i$200-~ - ~- . ..... . ...... $7,281.90 "Motor Trucks Inc. for Diamond T, 'Model 5020 .... 6,560.00 "Freeman & Sons Inc. for Reo~ Model C-501 Series - - - 5,880.00 "Earl Wallace Ford f¢~ 1961 ~crd F-800 Chassis - - - - 5,705.68 "The Ford F-800 Chassis doeu ~ot meet specifications on engine, cooling system, ~!ectric syst~m,clu~ch, springs. Also, the manufacturer's printed specif~.cations were not included so that many items could not be comps;ed. This was required of all bidders. "An additional alternate bid ~as received £~?om H~nt Truck Sales a~d Service Inc., as follows: For a used 1961 Gar Wood, Model LP-620 20 C.Y. body mounted c~ a 1961 GMC chassis; price of complete tun.it $9,1~8~64. 'Yh~ unit was recently rented by city to replace a unit which was broken down and being repaired. It is not recommended that ~.~is alternate be accepted as neithe~ body no~ chassis meets specifications. "It is recommended that t~e Lowest, acceptable bid for the chassis, that of Freman & ~o~s, Inc., for the Reo chassis, in the amount of $5,880900 b, a~cepted.. -4- 4-i0 61 APRIL 10, 1.961. "A list of the items by which the Ford cbmssis did not meet specifications will be available for discussion. "The Total cost of the unit, if recommended bids are accepted, is $11,529.00. The amount budgeted for this item is $11,500o00.~ Following discussion it was moved by Mr. Avery to table these bids for one week to further consider them and get the desired equipment, not criticizing the Director of P~blic Works for his recommendation but to try and keep the money at home if possible. The motion was second- ed by Mr. Thayer and carried unanimously. City Clerk Worthing read the following tabulation of truck bids: "The following is a tabulation of bids for 3/~ ton pickup truck for use in the Parks Department: "Florida Dodge hryslar no., for Dodge,Model D-2 O. 1,90 7 DeMarco Tractor & Implement Co.,GM~ 3/~ T Pickup 1,915.95 Adams Chevrolet Co., 1961 Chev. Model 253~ ..... 1,897~86 Earl Wallace Ford, 1961 Ford, Model F 250 - - - - - - -1,905,63 "Ail bids are acceptable, it is recommended that the award be made to the low bidder, Adams Chevrolet Co. The bid price is less than the amount budgeted. "The following tabulation is fora 3/~ ton pickup truck with utility body, to be Used by the mechanic at the garage: "Florida Dodge-Chrysler Inc., for ~961 Dodge,Mod.D-200 $~,883o!9 DeMarco Tractor & Implement Co., 3/.~ GMC Pickup - - - 2,85~'00 Adams Chevrolet Co., 0bev., Mod. 2~03 ~ .... - - - 2,786°35 Earl Wallace Fo~d, Ford, Model F-250 ......... 2,992.£1 "It is recommended that the award be made to the lowest, satisfactory bidder, Adams Chevrolet Co. "The following is a tabulation of bids for 1/2 Ton pickup truck for use by the Water Department: "Florida Dodge-Chrysler, Dodge, D-100 ........ $ 1,695~12 DeMarco Tractor & Implement Co., GMC Pickup ..... 1,73~.00 Adams Chevrolet Co., Chev., Mod. C-I~0~ - - ..... 1,658.37 Earl Wallace Ford, Ford, F-100 ........ - - - - 1,720.63 "It is recommended that the award be made to the lowest, satis- factory bidder, Adams Chevrolet Co. The bid price is below the budgeted amount. "The following is a tabulation of bids for 1/2 ton, ~-wheel drive, pickup truck for the use of the foreman of the garbage department: "Adams Chevrolet Co., Chev. Model K-l~3~ ...... $ 2,108.97 DeMarco Tractor & Implement Co., GMC Pickup ..... 2,392~00 Earl Wallace Ford, Ford, Model F-100 ......... 2,276.68 "It is recommended that the award be made to the lowest, satis~- factory bidder, Adams Chevrolet Co. The bid pric~ is lower than the budgeted amount." Mayor Warren stated that there had been discussion concernin~ used trucks being in use in all the places that these new trucks would replace and that it had been anticipated that these used %muok~ be allocated to other subordinates in those departments, and i~ had boen questioned as to why the city would provide cars for additional use of questionable need to assistants in various department~ and ~ondered if it was advisable to consider trading in some of the ume~ equipment. It was moved by Mr° Sundy to table these bids until next week in order that a trade in of some of the used equipment may be considered. The motion was seconded by Mr. Thayer. Mayor Warren asked that the Cit~ Manager and the Director of Public Works determine if they could ge'~ along without s~me o~ the used trucks° ~'-5' ~-10-61 APRIL 10, 1961. ~. Campbell then commented as follows~ #TO tho motion; we hav~ tho p~osont t~, ~n use by t~ C~, 62 ~t8 and ~t 8ee~ to ~at we ~ou~ ~ f~~"~ '~d~ the ne~ of these f~r additio~ ~k8 but should ~clude in o~ stud2 the p~sibility of a ce~elise~ dispatching s~atem, possibl~ exte~i~ the g~age se~loe ~2ond ~at we have at ~o pPesent t~. ~n 2ou get a - fleet of 82 ~it8 in a cit~ of t~s size It calls f~ a close check- ~." ~. Sundy ~d ~. Thaye~ included said addition to ~e moticn ~. C~bell ~en stated t~t he had asked f~ a ~eport on the ci~ equi~nt ~d ~oeived said ~ep~t t~ay, ~d moved that ot~r ~mbers of the Co~il be given copies ~ t~s 8~ ~ep~t ~at lists all 0~8 ~d truc~ b2 departmnt8 t~t ~e in use by the Ci~; also ~ed t~t ~ the furze each ~~ of tho Co~il ceivea cop2 ~ repo~t8. Tho motion was seconded by ~. Sund2 ~e follow~ ~epo~t ~ alleged nuis~ce8 e~sti~ in violation of Ordin~e G-~7 f~s~d ~e Cit2 ~gor by t~ C~ef of Fi~e Dep~~t was reviewed ~ Ci~ Clerk PRO~I~ IN VIO~TIOH OF 0~INA~E _ &_. S~TION 1~ OF T~ C ~ C ODE ....... Por~ Del~ay Beach, Fla. & 19 t~ ~, Bo~eo~eet ~d Add, G~ett J, & 109 N. E, 16~ St, ~ts 11 & 12 ~. D. & Delo~es 1201 0~ Road ~ts 1~ 2, & 3, Blk. 6 T. Ade~ West Pa~ Beach,F~, OsceO2a Pa~k Beckie J~os 805 S. Olive Lo~ 17, Block 6, c/o Abe J~s Wes~ Pa~ Beach,Fla. 08ceola Park Albert M. & Hart2 322 S. W. 3rd Ave. Lot 16, Block 6, S. ~o~on De~ay Beach, F~. Osceola P~k ~s. ~ Wood,Eat.213 0keechobee Road ~ts 6 & ~, Blo~k ~, o/o ~es Kirin West Palm Beach,~la. 0sceola P~k Leo & Gertrude 1617 E. S~ise Blvd. Lots 10,11,~ · 13, Scha~in~ c/o Ft, ~uderdale, Fla. Block 13, Causeway PaCkage Store 0sceola Pa~k Jules 2 Yvo~e ~11 ~. E. llth Ave. Lots ~ 2 1~, Bricks Fort Lauderdale,Fla. Block 13, Osceola P~k Mattie E. Mac~en P. O. Box 60~ Lots 1 t~u 6 & lot 8, De~ay Beach, Fla. Block 6, Rio Del Ray ~a E. S~vers 2308 N. E.~ 20th Ave. ~t 7, Block 6, ~t. ~udordalo, Fla. Rio Del Ray ~ode~ick C. & 301 0~eg~ S~eet ~ts 1 t~u 12 Es~e~ Mudd~ Holland, Fla. S~born~tone Charles & Gladys P.O. Box 97% Lots 3, ~ & %, Senior De~ay Beach, Fla. $~et P~k ~. Basil Stebn~ 7~ N. Federal H~. Lot 6, ~ke W~, Fla. S~set P~k Orlo J. Bill,s P.O. Box ~61 ~t 7, ~a7 ~aoh, F~. ~et P~k -6- ~4--10-61 APRIL 10, 1961. Arthur J. & Mable 503 N. E. 2nd Ave. Lots 10 & 11, J. Michael Delray Beach, Fla. Sunset Park 4 Wm. & Marguerite P.O. Box 8621 Lots 12 & 13, Olean Lantana, Fla. Sunset Park 4 Rose M. Ma~key P.O. Box 1678 Lots 14 thru 16, Delray Beach, Fla. Sunset Park 4 Leo & Elizabeth 1020 Sunset Ave. Lot 17, Ann Neal Delray Beach, Fla. Sunset Park 4 Arthur F. & Pauline 10 Brookside Dr. Lots 21, 22 & 24, Spellman Greenwich, Conn. Sunset Park. Albert B. & Irene 314 S. W. 1st Street Lots 27 & 28, H. Dawson Boca Raton, Fla. Sunset Park 4 Harrison B. P.O. Box 847 Lots 33 thru 36, McGraw, Jr. Delray Beach, Fla. Sunset Park 4 Wm. R. & Margaret }!~3 Second Ave. Lots 10 thru 14, E. Bourne New York 10, N.Y. Block 11, Osceola Park Submitted to~ ;the City Council by the City Manager this 10th day of April, 1961. It was moved by Mr. Campbell, seconded by Mr. Sundy and unanimously carried that said report be approved and notices mailed to property o~ners listed therein in accordance with Ordinance No. G-388. Regarding the following petition signed by 96 property owners of Ocean Ridge, pertaining to the City's public beach in Ocean Ridge~ Mr. Campbell moved that said petition be referred to the Beach Com=.~ mittee for study and report. The motion was seconded by Mr. Sundy and carried unanimously. "A Petition to the Town of Delray Beach, Florida From The Town of Ocean Ridge, Florida Taxpayers. Dated March, 1961 "We the undersign, Taxpayers of the Town of Ocean Ridge, Florida are desirous of eliminating, deleting and removing the Negro Beach from the Town of Ocean Ridge, Florida. We hereby petition you the Governing Body of the Town of Delray Beach, Florida to eliminate, delete and remove this Negro Beach which you are trying to create and establish in our To~n of Ocean Ridge, Florida. You have a very long Coast Line where you can create and establish a Negro Beach for your constituents. In continuing your' policy of fostering your constituen'~s on us you have not only caused our land values to become depressed but you have used up the Taxpayers money of Delray Beach, Fla,. for 24 hour Police Protection of this Negro Beach. in Ocean Ridge in the amount of $15,000.00 per year." City Clerk Worthing read RF~OL~ION NO. 1322. A RESOL~ION OF THE CITY COUNCIL OF TBE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING ACTUAL COSTS INCURRED BY SAID CITY TO ACCOI~i- PLISH SUCH ABATEMENT AND LEVYING T.~IE COST 0F SUCH ABATEi~ENT OF SAID NUISANCES, AND DECLAP. ING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY ~NAGER OF DELRAY BEACH, FLORIDA. ' c~I~ " .'~ :'~' 0 ' .~ ' '.~.,.~ 'i0, ~' ' ,3 "~ " APRIL 10, ~96Z. rain~ 1~$i: or pe~c els ~' ~f~ ia~ ~e~e[m~' d~s~r2~e~~ f $~ vi$1a~i~m 0~. ~he ~~, ~u~eU~t tS s~l~$ Res$1m~ie~'"$he ~l~7-O~erk' of sa..=a City did f~sh.ea~ bf' the ~$ ofr~hd 'l~di. th~e~nf~esor~be~wi~h a notice the~ theOO~t7 C~e~l-~o~ld el~/oa ~a~'23~d~ .~961~'at why said ' n~i.~ea ~desc~lbid"in'' s~td :'res~iu~f~:'shO~ld :no~ '~: ~ated; ~d ~961 at ,8:00 P,M , at ~ ,~$y 11 In De~ay sit on ~a~ ~each, .~lo~da; fe~~~e p~poie ~$~eaafdl ~ aa~d o~e~. of ~e l~.a~ A~I~ t~l~. to%t0~"~i~eeu~' ~,'~li~o~:"aei~b~a ~ the o~ the scheduled h~g'~a~S ~s'~ov~d~a ~d, aho~ hE~e~n ~eeolve that a nu~s~ce e~st~d:e2 .the'Olo~sC'o~ p~eti'~he~e~n described ~t each of tAe o~e~s ~esO~e~'$~:eaId ~eso~u~on be not~1ed and ~equ~red to abate the nu~s~ciswtth~n2~$~t7 (,~0) data f~om the re- ceipt ct a cop~ of sUCh 2eloCUtion; .6thiCkset ~n default the~e0f, s~ld ~ere vere not~ed t~t the C~ of De.a7 Beach, ~ould enter upon sald l~da ~d.,l~lte ~. nule~ae'desc~bed ~d specified ~n sa~d resolution ~d ~ould" l~v7 the: ~oat of such vo~k ~ assessment a~a~nst the p~ope~t7 th~eln: deee~lbe~ ~ and ~~8, p~su~t to such ~esolutton, the O~t~ Clerk of sald d~d f~n~sh each of the respective o~e~s off the lands described said ~esolutlon ~th an appropriate' co~ thereof. 'n~el7 Resolution No. ~309 ~d t~ o~ers here~n~te~ n~d d~d fa~l and ne6lect to ~bate the nuls~ce ex~st~ upo~ the~ ~espectt~e l~ds w~th~n ~e ~tme. p~eso~bed ~ sa~d ~eaolut~on and 0~d~n~ce.0-~?, and the off Del~ay Beach, FlOrida, ~as ~eqUlred to and d~d enter upon the following 1~d~ ~d ~ costs ~n abaton8 the flu~sance e~st1~ thereon as descried ~n the ~o~esa~d resolut~on; and ~~ the C~t~ ~age~ of the,Clty ct De.a7 Beach, has, pursuant to said 0~d~n~ce ~"~$ aA~ .the zCitT..Ch~te~ eub~tted to the 01~ Oo~c~l a ~epo~t of-,the:'coa, tSslnc~ed ~nfabatt~g ~e hUla.ce as ~o~esald~ sa~d?epo~t'c~nd~eat~.:~e costs pe~ p~cel N0~. T~0~, ,B~ IT ~0~ b~sthe~Ctt~ ,Council of the of De~a~ Beach. Florida, as report of t~ Oity'~a~e~"o~ the git7 of Delra2 ~each, ~lorida, in- of ~ores ai~ upon volving said Ci~y,s cos~ abating '~he nuis~ces lo~s or paroels of' land described in said report, a coP7 of which is a~tached ~d made a par~ hereof, ~e levied agaims~ the parcels of land described on said ~epor~ ~d in the ~ounta indicated ~reon. Said assassin,s so levied shall be a liem fr~ the date ~he assessmen' bacons effective upon ~he respective lo~s and parcels of l~d' de- scribed ~ said report, of ~he a~ nat~e ~d to the e~e ex~ent as ~e lien fo~ general' ci~y taxes ~d shall be collectible in ~he s~e m~er and with ~he s~e pe~l~ies and ~der ~he a~e provisions as to sale ~d forecloses as 0i~7 ~axes are collectible. 2. T~ ~he Oi~ Olerk of said Ci~y shall record a certified cop~ of this resolution in ~he office of ~e Olerk of ~he Circuit Oo~t in and for Pa~ ~each Coun~y~ Florida, ~d"shall f~h to each of ~he o~era n~ed in ~d upon aa~d repot% a notice that Oit2 Oo~cil of the Oit2 of Delta2 ~each, 21orida will sit aa a of Equalization at ~e City Hall in Del~a2 ~eaoh, ~lorida on the day of April, 1961, a~ ~=00 P.M., ~o he~ amd consider ~y and all complains as ~o ~he assea~nts ah~ he~ein ~d ~he said Oi~20o~ci: shall adjust ~d equalize the a~ on a basis of Justice and ri~ when so equalized ~d approved, such assassin, s shall a~and co~irmod ~d remain legal, valid and b~ding obligations upon the property a- gainst which said assessments are levied; such assessments -8- ~O-6Z APRIL 10, 1961. 129~ equalization adjustment and hearing shall draw interest at thc of 6% per annum until fully paid. 3. After equalization and upon approval of such assessments., same shall be forthwith payable together with any interest thereon accrued. PASSED AND ADOPTED at regular session on the 10th day of April, A. D., 1961. It was moved by Mr. Sundy, seconded by Mm. Thayer and unanimously carried to adopt Resolution No. 1322. Mayor Warren then informed the' public that the lists of nuisance violations had previously been made up as a result of various property owners making complaints and requesting that certain lots be cleared, but that in the future these nuisance violatiens will be determined by the City through a continual survey of the City. On April 3rd the Council approved the rezoning of Lots 1 & 2, Block 53 from C-1 to C-2 classification and the following ordinance was prepared concerning same. ORDINANCE NO. G-39~. AN ORDINANCE OF THE CITY COUNCIL 0F THE CITY OF DELRAY BEACH, FLORIDA, REZONIEG AND PLACING LOTS 1 and 2, BLOCK ~3 IN "C-2" DISTRICT, AND AMENDING "ZONING MAP OF DELRAY tit ~ag' ~oWed BY 'Mr. 'Ave~ ~:e'c~'onded by Mr. 3undy and unanimously carried that Ordinance No. G-,3~9~ be ~,~ce~.~on .first?e~: ~.~.,.. .... ~B6ai~ ..and the Director of Public Works have reviewed the prelimin~ry plat ~of Homewood Park. Subdivision a~ rec,o~end the .approval o~. ~ame with :'e~y - t~o 'mine~ ~,Chag~ea'"'~n ~e~g~'~'e~'i~ '-deSign ;' ~ne' B~i~ tt~'~ f~dd'i~i~n-o~ a 6" gate valve and the other being the removal of the .~or.d "existing" with-reference t,O an.8', wa~.~er main. ..... .~ ..~:, ~ . ,~ ':~.. was moved .by ~ ~ampb~ll; ~..aec%nd~d '%2 ~.' Sundy' hnd' 'unani- ~.~i~]~~ car~led tha%~t~n'e ~Pretf~in~rY"~'?lat of Homewood Park Subdivision be approved.~. ~ ~ .subject to~ :the. two.,_ , ~ec~om~., Rr~ded change,s. ~ ~.. .. ~,~ ,~.,~_, '~ :~ '~'M~;~ ~campbell repo~ted ~h~t ..... the' ...... InsUz'ance' ~ .... ~' C'o~mtttee' had.~ ....... "~:..~et'" '~c'i~2Ving 'a .~eport from-l~OfeSs.~r 'How ,a~.d and .ar'e ih general' aCcOrd[ 'o~ 'th% ~'&comnendatio~is ~hey w~n{ 20':make"to the Council next' We6k 'b~t ,having .a meeting' :~his Wednesday 'at 9:00 A.'M., With the z, el~vesantati~bs · ~laced of the first seven comPanie& t~hat Professor Howard ~ im position a,s to .',their woe%h, e~c., any. of~the~ o.ttier[ biddlfig '~kl~COme.. ~o- attend, and that' a finai beport will 'be~ready' fdr' th~ · · ~b~r,n~ii 'hext week, ' · .-.. ..~. .. .. City Manager Mingle presented, t.he.- fo, l~!pwi_ng bills for approval: General Fund Water Fund - Operating FUnd ,,'~ ~0~.9~_~,31 , ;', , Sl~ial Assessment Fun~ , ,; ~;' ~0,00' "' ' Kifundable Deposits' Fund' -- · · . '.~6.35 · ~ .- .lmpr;oV.e. ment FUnd 77,~G0,96 '"It was. moved by Mr,-Thayer, seco~lded:by Mm,'.. 8undY .carrle'd that the bills be Paid. :. ~. .... · '~*~!~'; City Manage~ Mingle Informed the' ~CounOtl that the"~lt~:~n~ge~i nnual Short Cou.~_se, conducted ~ the Unlve~stty of. ~lorf~, will. be ~.e. ld. in~ Winter' ~, ~[0ri~a '~n~,.~..r~l ~23~'d thru 26~'An~ %hat"it. '~.'lS:$esire'~lto a~te~:',~his coUrse~'-' lit~iWas mov%d bY :H~j°"T~ayer~' ~eCond- e~'. ~b~ Mr, Campbell ~nd unanim~uSZy "~a~r~e~ ",that t~e City Manager.be ': 'Mr. cam~bell'"moved that on Stems:..t~it are before the Planning'.- .Board,~~ where due notice has b~en give~ ~the peopIe that a,r:e ~affeoted-bt ~he hearing om.'~hould be in A%tend.a~oe,-"that telephon& ~ai~-s.' ~hei~.,p°Siti0n.:~t be consider~d~. [~at.they either shoU.ld 'attbndi'.~:n ' ;~e..'~s0n :' or put thel. r:positioni[in'wr..it~Ing, and tha~ be made part of ~011c7 of procedure. The mot~0n was geC'onded by ~lr. Thayer ~.~13o 'APRIL 10, 'le6i. ' Mayor Wa~en read the following letter from Harold Tu~ne~. Boa~d of Public Instruction of Palm Beach CountY, t~ l~.H~el% Watk~, ~t.~a~O ~. T~ne~s note to Mater "8~fe~ri~ ~o the appe~ce before the "Bo~d "~ecently of t~ Xnte~-~aci~ C~ttee fr~ De,a2 ~ach, i~ludi~ ~e De~ay..Beach Ci.~ c~ssioners ~ ~yor. ~'";"l ~e'aiX~~ ~t ~o~~ ao~ ~ addle' ~o~ 'to:~ O~e~ Sohool~ gone t~ f~ to~e ~ ch~gea ~ ~at pvo~. I do feel, however, t~t ~e proposal by the ~DeXpa2Beac~ Oo~ttee~ ~d City Co~ealon t~t a ~ior Hi, School, sep~ate and ap~t from Ca~ve~ Senior Hi~School, ~a me, It and should be given all.possible consideration aa a p~t of o~ furze pro~of ~roved educational faoilities ~the - De.ayres. .... Sa .~:.~erst~ding ~at y~ will' soon have representatives fr~ ~'~he .~t~l~.~nt .of Eduoati~ ~et~n to Pa~ Beach Co~t~ to' ~e spOt Bu~vets fo~l~.::~"o~/fut~e build~ pro~ w~ch 2ou feel should be different f~ thg~'~ hal rec'o~endationa due to'oh~gi~ c~ditio~ e~erie~ed in this-o~nty a~e the last s~ve2 was ~de. I will appreciate it if you will ~clude t~ ~tter of a sep~ate ~ior ~chool, al. a feede~ school for C~ve~.Se~o~~ School, the spot s~ve2. ~f t~a ia done n~, It see~ to me that we will be In better position to co~ider t~s new ~io~ School as a part of our school p~ogr~ in ~e De~ay Beach area as soon as it becomes p~actical and the f~ds for such a new school center ~e available." "De~ ~2or W~ren= I ~a~e you ~ealize that ~e ~Bo~dt ~d Superinte~ent ~ve'to keep ~1 Schools accredited by me~s w~h ~e open to us t~~ funds ~lch beco~ avail- able to us from State ~d l~al ao~oes. ~e c~ not pl~ Federal, or ~ other,, f~ds ~til t~ey act~2 bec~e avail- able b~ ~law .and pv~er.~ohine~ is set .~for their dispersal. ~e have n~ other achools'~ich, of necesSit~,c~the ~uniov ~d ~enior Hi, School ~adea ~ ~e s~e build~. ~e are aw~e that the ideal ia to sep~ate ~e J~iov and Senior Schools, ~d we ~e certainly working in that direction." Mayor W~ren asked that Ci~ M~ger ~ngle see that all interested in ~at project ~e so advised ~d ~at they dO appear ~d pvepape ~omething for ~e co, tree from the State Bo~d of Education. ~. Avery then m~ed that the Co,oil recognize ~d tha~ ~ner for h~alett~r ~ that what heis do~g is appreciated but not to locse sight $f.~e 'fact also that De~ay Beach is interested in~dustvial Courses ~d ~ot~r Truant officer. The motion wa~ seconded ~y ~. Ca, bell and c~ried ~n~ousl7.. ~2or Warren ~ead the following letter from ~e Co,oil of the City of University P~k, dated April 6, ~ou ~e of co,se a~are of the tvemenduoua effort that mst be ~de to get the necessa~ monet for ~e n~University be built' in southeast Fluids. "The fact t~t the Board of Control is so solidly behind this movement, ~d the f~the~ fact ~at ~e Governor has now do~sed it for approxi~tely siz~ll~ do~a, ~e of great help.. "We hope 2ou will Join ua today ~ sending a tele~ of appreciation ~d support to GovePnor F~ris It w~ moved bY ~. Tha~e~, seconded ~ ~. Ave~ and c~ried ~- mousl2 that Olt7 ~na~er M~e oo~ with the wish in aendi~.a telegv~ of appveciatl~ ~d au~rt ~ ~~ ~via ~ant. Mayor W~en read the foll°wl~ letter from O. F. youngblood, Chai~n of the ~nter-RaolalCo~ttee ~d dated April $~ 1~61= -10- 4-10-61 131 APRIL 10, 1961. '~Phe current session of Congress will undoutedly pass sor. e form of P~esident Kenne~s Federal Aid to Education bill. First '~d~s will become available ~to various states, accord- ins tm~% p~esent bill, in July 1961. "The~ Inter-Racial Oo~ittee feels it ~ght be wise to i~orm our .State Senator and State Representatives ~at the projects ~f a Negro ]~or Hi~ School, a Ne~o Trade School, and a TmU~t offt~ fo~ South pa~ Beach Cowry should be given priority ~n ~ls new appropriation becomes available. "A c~bon copy of the letters could be sent to ~. Howell Watkins, Pa~ Beach~'~o~ty Superintendent of schools, for his records. This WgUld again indicate to the School Bo~d, cum continuing detem~nation to achieve these badly needed facilities for '=~eref~, .~"c0~ittee respectfully suggests that such letters ~ ~eent to ~tate Senator Ralph Bl~k ~d Representa- tiVes ~tt Roberts end je~ry ~o~s.'~ 0pinl~a~e~e e~re~ssed ~h~t letters also be sent to the State Superint%~dent of ~b~i~~ ~choo!s ~nd to the Co~ty Bo~d of ~blic Inst~ue~A~, such~.h~ng ~ved by ~ C~bell, seconded ~ ~. Sundy and un~~sl~ c~ied ~ City Clerk Worth~ ~ead the following letter from Lens Brier dated April 10, 1961: "it~iS~ With regret %hat I send ~n ~ reSign4t~Jn~ ~a member of the Int'er-Ratial co~ctl. ~ business~ duties~n$.~t~are of such that it is necess~Y-~foP ~ to give up. ........ I .~st say I have enJoyed~affiliation with the ~cup and wish to ~a~ you for ~ving considered me" Mr. Worthing~ i~ormed the CoUnC'i1 that~ theremaini~g' .... ~ ~'~ memb~s'~ '~ Inter-.RaciaI Co, tree sub,trod the n~es =f S~' C.~ Barnes and Natalie ~ush as possible replacements. Following ~c.~ssiOn ~lt was mcved~%y '~. 8undy to accept Lens ~er,s r~Sign~tion;~'With regret, d appoint Natalie' Bush as a replaoement-on the ~te~-Racial: tee. The motion Was seconded by Fro'. C~bell'~d carrte~'Unahimou~ly. Mayor W~ren asked City' M~ager M~g. le~ if_ he~ ~ad a rep0r~~ on th~ possib~ility of establishing a d~ at the 01ty o~eld Property west of De~aY Beach; also t~t the Present city d~p south of to~ is ~.d said location of the dump is hindering development ~of~ Tropic Isles ~d Tropic Pa~s Subdivisions'. City M~ager~ ~ngie i~0rmed the Council that a few weeks ago they appointed a Co~it%ee to a Study of city Owned property ~d b~st possible uses for same; also that the City M~ager and Director of ~blic Works have considered ~the property west of to~ as a possible site for a trash d~p, however he ~as awaiting- a report from said ~co~i~tee. on' land"uSes 'of' 'cit~ o~ed ~and~ prio~~ to making recomendat~gns't0 the~ ~0uncill - ~Following further discussion regarding the present city d~, City M~ager ~ngle i~o~ed the Co,oil that ~e Director of Public Works' will install a hydr~t in an attempt to' ~e°ntrOi the Mayor W~ren reported that since there is co~ic~on pl~a for the dedication of the new Ci~Y Hall on April 30th t~t~e. ~ediCation date will be ~ch~ged to MaY 7th ~d in order t.° ha~e.~ the. PrOPer Phc- gr~, appointed the following on a Co~ittee for that purpose~ also stating, that others will be a~ointed to' said cq~ttee'~tater, Counci~n Ca'bell as Chair~n; Past ~rs,~ Catherine Str~g, Robert Holland, LeRoy Croft ~ George Talbot; ~ity M~ager .Mingle; .~ repre~ sentatives from the Voter,s of Foreign Wars, American 'LegiOns and the auxili~ies of these organizations from both sectio~ of De~ay Beach;' Attorney. I, C. S~; Spencer-Pokey of the'Oarv~'Hi~ SchooY.'; Robe~ Fulton o~ Seacrest High'Soho°l, Jim smith of the Boy~Sc'oUt OrZanization'~ ~s. Gladys Little of the Women's G~den-Olu~s; and"' Ed~- Sc~d$ ~0f~ the Men, s G~den Clubs. '- "~ ' Co~.l~an C~bell, as chain of said ce~lttee, aak~ that the Cit M~a er~s ~ fica noti Y ~ g f _ ~ ~e 'co~ittee ~. a meeti~~ to ~ hal~ Wed'neaday~APrii 12th at ~ P~M.,~:in the co~rence room. A?RIL 10, 1961. ~. ~mvpbell ~eported that a~te~ a check up oh the const~uctlQn p~o~ess at the new Community Center B~tlding it was eonside~ed that ~he Bu~d2n~ ~ould be s~c~e~tL~ co~leted to co~ne ~e dedication ~e fo~l~ng memo~and~ f~ the D~ecto~ off ~bl~c ~o~ks, dated April 10, 1~1 ~as ~ead oonce~nS pav~ off p~ng lots and streets. "~ acco~d~ce ~th o~ conversation th~s me,nine, ~d ~n o~do~ to e~ed~te the pav~ns o~ the ne~ Iota ~ the o~ t~ ne~ C[t7 Hall and Co~~ Cen~er, I have reda7 oon- ~acted tho Pa~ Beach Asphalt Co~porat~on ~th the ~equest that ~e~ extend ~e~ last contract to ~ncl~de these ~d ~ovora~ other ~te~, ~h~ch ~e7 have a~eed to do, "As you ~ow, ~e bid p~ice of $~.90 per ton was the lowest - we have ever received for the placl~ of a surface coat asphaltic ooncrete, ~d I feel certain that the city could no~ loee by extendi~ this contract. "It is proposed that we pave the logs North ~d Sough of ne~ City Hall, as well as the one to the West, ~e p~king lo~ at the old City Hall ~loh is ~o be repaved ~d re-~ked, N. W. let Avenue from Afl,tic to ~d Street, N. E. ~d from 5th Avenue to the Waterway, ~. E. let Street from Avenue to the Waterway, N. E. 5th ~g~eeg from 7th Avenue Pa~ Trail, S. E. 5th Street from 6~ Argue to 7th Avenue. "This will require approx~gely 1100 tons of asphalt ~d money for this is in the budget." City Manager Mingle reported g~t he had .discussed ~ L~dsoape Architect Sw~ Bro~ ~e possibility of l~dscaping the new Center gro~ds ag this ~e ~d ghat bids f~ s~e will be to the Council next Monday. ~. C~pbell then moved that the ~eco~e~ations of ~. in the previous memorand~ as to the paving of the parking lots and streets be approved for ~ediate action.. The ~ion was seconded by ~. Thayer and c~ried ~animously. The meeting adjourned at 9:30 P.M. __. R. D. WORTHING ·