12-04-61SpMtg DECEMBER 4, 1961.
A special 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 Louis J. Smitzes, City Attorney John Ross
Adams and Councilmen A1 C. Avery, Dugal G. Campbell, Glenn B. Bundy
and John A. Thayer being present.
1. An opening prayer was delivered by Councilman A1 C. Avery.
2. On motion by ~.~r. Sundy and seconded by Mr. Thayer, the minutes
of the November 2?th Council meeting were unanimously approved.
4- Mayor Warren read the following minutes of November 30th Beauti-
fication Committee Meeting.
1. "~tr. Santo reported that considerable progress was being made
on landscaping the Tenth Street boat landing.
2. "A motion was made by Mr. Lankton, seconded by Mr. Galinat,
that the Secretary write the City Manager indicating that
the Committee was anxious to proceed with the employment of
a Parks Director. Motion passed unanimously.
3. "After considerable discussion, a motion was made by Mr.
Santo, seconded by Mr. Smith, that the city be requested
to proceed with landscaping plans for the south beach,
however, that the area concerned should start south of
the Sand-o-Way East property and run south for approxi-
mately 600 feet. Motion passed.
4- "A motion was made by Mr. Santo, seconded by Mrs. Evaul,
that the city be requested to proceed with bids for sixty
coconut palms to be used along the beach. Motion passed
unanimous ly."
Concerning item 2, City Manager Smit~es reported that the
position of Superintendent of Parks is expected to be filled within
the next seven to ten days.
Concerning item 4, the City Manager reported that bids are being
solicited at this time.
5. Mayor Warren read a letter from Jerry Portman concerning con-
ducting a Senior Tennis Tournament in Delray Beach and a request for
funds necessary to conduct same. It was moved by Mr. Avery to allo-
cate $250.00 for this purpose and that the money be appropriated from
the Contingency Fund, the motion being seconded by Mr. Thayer and
unanimously c arried.
5. Mayor Warren read the following letter from Mrs. Constance M.
Atwood, dated November 28th.
"I would like to congratulate all those responsible for the
great improvements in our town of Delray in the past two
years. The new highway, lighting, potted palms and the new
houses and markets are certainly an improvement, and has
surely helped beautify the town.
"One thing that we miss is a Movie House, all the towns
adjoining have this form of entertainment. There are many
people who are not able to go to the Drive in movies, and
we greatly miss the Movie House here. I know a few couples
have decided not to come to Delray without having a movie
house in town.
"I was wondering if the Playhouse or Community Center could
not provide some space or time to give for this purpose if
no other Movie House is to be built, as I believe they have
taken down the other one that was here.
"Thank you for looking into this matter."
12-4-61
DECE~,LBER [~, 1961.
Mayor Warren announced that the Chamber of Cormnerce as well as
himself and other interested citizens had met with the Wometco Chain
of Theaters as to the possibility of a theater in Delray Beach and
just recently had met with a representative of a chain of theaters
from the north and that they too were interested in the possibility
of a theater here. Mayor Warren further stated that the above letter
was appreciated and that he believes that in the not too distant
future there wil~ tea theater in Delray Beach.
Mr. Avery, also an incumbent Councilman, stated that he is very
much interested in a theater for Delray Beach.
5. Mayor Warren announced that there was quite a crowd at the ground
breaking ceremony in the City Park today for Lawn Bowling and that a
thousand dollar check was presented for~ the beautification of the area.
6.a. City Manager Smitzes asked the Council for authorization to
execute a Quitclaim Deed for a parcel of land, approximately .5 of an
acre, abutting Lake Worth Drainage Canal E-4, which lands have never
appeared on the City Hall Records of City.~ewned lands though inform-
ation appears of record of same having been deeded to the City by the
Lake Worth Drainage District in 1942, per copy of a letter from At-
lantic Title Division of Lawyers Title Insurance Corporation. The
City Manager further stated that the City Attorney has revieWed this
entire matter and concurs in his recommendation for the authorization
requested.
It was moved by Mr. Avery that the City Manager be directed to
execute the Quitclaim Deed as requested, the motion being seconded by
Mr. Thayer. Upon call of roll, Mr. Avery, Mr. Sundy, ~.~. Thayer and
Mayor Warren voted in favor of the motion and ~ir. Campbell abstained
from voting.
6.b. (supplement) Regarding control of truck traffic on Lindell
Boulevard, Mayor Warren stated that control of truck traffic on city
streets is presently being controlled by action of the Council of
May 20th, 1957, and that it is recommended that appropriate action be
taken to permit truck traffic on a temporary basis along Lindell
Boulevard for servicing of Tropic Palm and Tropic Isle Subdivisions
by the developers.
Mr. Campbell moved that that permission be given when and if the
city receives a damage repair bond, the motion being seconded by Mr.
Thayer.
The City Manager reported that the bond is being prepared but
would require until Thursday to be signed.
~r. Campbell, with Mr. Thayer~s approval, then changed his motion
as follows: "That the permission be given for a reasonable length of
time and subject to. damage repair bond, which has been agreed upon,
be obtained within one week." The motion carried unanimously.
7.a. The City Clerk reviewed RESOLUTION NO. 1363.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN L~NDS LOCATED WITHIN SAID
CITY: SETTING OUT ACTUAL COSTS INCURRED BY SAID
CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE '~
COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DE-
CLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY
IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY ~NAGER
OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 1363 is attached to and made a part of
the official copy of these minutes.) See Page 374A, 374B and 374C
On motion by Mr. Campbell and seconded by ~r. Sundy, Resolution
No. 1363 was unanimously adopted.
7.b. City Clerk Worthing read ORDINANCE NO. G-421.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA REPEALING ORDINANCES
NO. G-236, G-237 and G-238 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA.
-2- ~ 12-4-61
DECEMBER 4, 1961.
BE IT ORDAINED by the City Council of the City of Delray Beach,
Florida, as follows:
That Ordinances No. G-236, G-237 and G-238, all passed and
adopted in May, 1956, and contained in Chapter ll of the Code of
Ordinances of Delray Beach, Florida, are hereby repealed.
PASSED AND ADOPTED this the 4th day of December, 1961.
There being no objections to Ordinance No. G-~21 it was moved by
~. Avery, seconded by Mr. Sundy and unanimously carried that said
ordinance be adopted on this second and final reading.
8.a. Regarding current status of Beautification Committee recommend-
ations for the beach project, City Manager Smitzes remitted the
Council that it was recommended by the Beautification Committee that
the 600' trial site of landscaping start south of the Sandoway East
property and asked that the Council determine whether they wanted it
moved or whether to comply with the instructions of last week to pro-
ceed with haste in order to accomplish this project by December 15th.
Mr. Campbell stated that this particular site was chosen by the
majority of the Council and many members of the Beautification Com-
mittee for this project and moved that the location be left as was
decided at that time but to ask that the City Manager and through him
whoever is doing the work to take into consideration the request that
was made by the two hotels and do the best possible to keep the view
of the ocean for those people. The motion was seconded by ~. Thayer.
Mr. Sundy stated that he was opposed to planting anything that
would obstruct the view of the beach.
Following discussion, Mr. Campbell commented as follows: "My
motion is to the point that we leave it with the City Manager and if
we get the Superintendent of Parks so that he can be in on it, but
whoever has the final decision, they use the material that they think
is best to use bearing in mind that those two, the Sandoway East and
Dover, have asked that we do not use the seagrapes in front of theirs.
If you want to test it, test it."
Upon call of roll the motion carried unanimously.
8.b. City Manager Smitzes presented the following Planning Board
Report dated November ~0th.
"As a result of the meeting today of the City Council,
Messers Hagan and Vogl, and me regarding the rezoning of
property to the south of N. W. 4th Street the Planning
Board respectfully requests that the City Council table
this matter for sixty days to permit further study in
this general area.
"As chairman of the Planning and Zoning Board I shall make
every reasonable effort to complete a comprehensive plan
of this general area; namely North and South of N. W. Fourth
Stnee~ from the canal East to N. W. ~th Ave. and possibly
as far as Swinton Ave.
"I shall consult freely with all parties concerned as to
the progress of this analysis, and shall enlist necessary
ehlp from all interested parties as well as governmental
agencies involved."
It was moved by Mr. Avery that this matter be tabled for sixty
days as requested by the Chairman of the Planning Board. The motion
was seconded by Mr. Sundy and carried unanimously.
8.c. A report, was submitted to the Council from the City Attorney
relative to possible rezoning of the Roig property in Palm Beach Shore
Acres.
Attorney Clinton Scott, representing ~. Don Colman, withdrew
~. Colman's request for a rezon~ng and a permissive use in an R-1AA
District.
City Clerk Worthing stated that he thought it proper at this
time to determine if the ~2~.00 fee submitted by Mr. Colman with the
original request, which it has since been stated was not properly
processed, that being it having been referred to the Board of Appeals,
should be refunded. It was moved by Mr. Avery, seconded by ~. Thayer
and unanimously carried that said 02~.00 be refunded.
DECE~[BERI~, 1961.
Mr. Campbell asked "Did I understand you to say last week, ~.
Scott, that the Board of Adjustment were divided in their opinion as
to whether they could hear on this or not. What was the finding of
the Board?"
Attorney Scott: "I wasn't there Col. I was just speaking for
what I was told and I told you at the time that it was hearsay. I
was told that while the members of the Board of Adjustment were in
favor of this progressive step in the building of the City of Delray
Beach that it was a good thing for the City, they thought it was much
needed in this town, but they had a question in their minds as to
whether this was of legislative or Judicial nature and they wanted
the City Attorney to tell them and the City Attorney also called in
Harry Newett, a former City Attorneye"
Attorney Adams: "Excuse me but Harry Newett is a member of the
Board of Adjustment."
Attorney Scott: "I didn't understand, in any case the two of
them I believe looked up the law and decided that they felt there
were some cases that would indicate that this was legislative
nature rather than judicial and therefore should come before the
commission and the Planning/Zoning Board rather than go before the
Board of Adjustment, and they didn't feel that they should make a
recommendation which would ...... if they made a decision that was
legislative in nature it could be reviewable by the circuit court
and I suppose the circuit court could assess damages against the
city if they allowed someone to 'go ahead and build a beach club
there."
Mr.. Campbell asked if it was necessary that the Council get a
report from the Board of Appeals in these matters and the City
Attorney informed him that said board is a Judicial Board and does
not have to account to the Council.
X. Mr. Campbell requested that the City Manager report next week
if possible on the possibility of obtaining in some manner the service
of a public relations director who might also act as a personnel head
with the thought that there is possibly not enough work in the public
relations to keep one person busy but with the possibility of a
personnel head should be worth some study.
9.a. City Manager Smitzes presented the following Bills for Approval.
General Fund $ 40,035.56
Water Fund - Operating Fund 2,648.23
On motion by Mr. Avery and seconded by ~. Thayer, the bills were
were unanimously ordered paid.
The meeting adjourned at 8:40 P.M.
ROBERT D. WORTHING
: :--::' -City clefk ''
APPROVED:
'Mj~ Y 0 R -
RESOLUTION NO. 1363.
A P~F~OLUTION OF THE CITY COUNCIL OF THE CiTY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN L~IIDS LOCATED WIthIN SAID CITY: SETTING
OUT ACTUAL COST~ INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING ~E COST OF SUCH ABATEMENT
OF ~AID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN
UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF
THE CITY MAN~GF~ OF DEL~AY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delra~ Beach, did, in
..regu.lar and/~ session held on the 26th of June, .1.961 and_
JSh' %h8-24th of J._ulY., 1961 _declare t~e' e~'[~ten~e 'of a nui-
S~ce u~P'O~-C~ertaln lots or parcels of land, described in a list sub-
mitted to them, for violation of the provisions of OPdinance
WHEREAS, pursuant to such decla~ation, the City Clerk of said
City did furnish each of the respective owners of the lands described
in said list with a notice desc~ibing the nature of the nuisance and
that the~y mmst abate said nuisance within thirty (30) days, failing
in which the City Council would have it done, and the cost thereof f
would be levied as an assessment against said property; and
WHEREAS, the owners hereinafter ~emed did £ail and neglect to
abate the nuisance ex~sting upon their ~espective lands within the
time prescribed in said notice and-Ordimance G-147, and the City of
Del~ay Beach was required to and did enter upon the following lanSs
and incur costs in abating the nuisance existing thereon as described
in'the aforesaid lists and
WHEREAS, the City Manager of the City of Delray Beach, has, pur-
suant to said Ordinance G~$? and the City Cha~ter submitted to the
City Council a report of the costs incurred in abating the nuisance
as aforesaid, said report indicati~g the costs per parcel of land
involved,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DEL~AY BEACH, FLORIDA, AS FOLLOW~:
1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the
City's cost of abating the aforesaid nuisances upon the lots or par-
cels of land desc~ibed in said report, a copy of which is attached
hereto and made a pa~t hereof, a~e levied against the parcels of land
described on said Pepo~t and in the amounts indicated thereon. Said
assessments so levied shall be a lien upon the respective
lots and parcels of land described in said report, of the sa~e
nature and to the same extent as the lien for general city taxes and
.~hall be collectible in the same manner and with the same penalties
and under the same provisions as to sale and foreclosure as city taxes
~e collectible.
2. That the City Clerk of said City shall, as soon as possible
after the effective date, record a certified copy of this resolution
in the office of the Clerk of the Circuit Cou~t in and for Palm Beach
County, Florida, and shall fur~lsh to each of the owners named in and
upon said report a nO,ice that the City Council of the City of Delray
Beach, did, on the 26th of. J..u~.e. and 24th of July, 1.961
order the abatement of a certalh' ~uis~C'e 'exl~¥1ng on th~el~ described
property and property owne~ having failed to abate such nuisance,
within the 30 day pe~lod, whereupon it was abated iby the City at costs
shown in said report and such assessments shall be legal, valid and
binding obligations upon the property against which said assessments
are levied. This resolution shall become effective 30 days from the
date of adoption, and the assessments contained herein shall become
due and payable thirty days a~ter the mailing date of the notice of
said assessment, aftem which intePest shall accrue at the rate of
per annum on any unpaid Portion thereof.
PA~ED AND ADOPTED in __ special : '.Session on the ~th : day of
_ D_ecembe~r _ . , A.D. l~bl~.
COST OF ABATIN.G,N,U..,!S~,N,,G~$ ~,.U~ER ORDINANCE NO..~ G-147
PROPERTY DESCRIPTION OWNER A_SSESSMENT
,.,~Lot A less N45' & lots Fred C. Maurer $35.15
~ 2, El~e Seas
Lot 8, Block E Dr. Frank P. Strickler 125.00
Palm Beach Shore Acres
Lots 7 & 8, Block A Eliz Reynolds 20.00
'~'.~Wests ide Heights
Lots 15, 16, 17 & 18, Blk A, William J. & Esther H. 60.00
Westside Heights Howard
Lot 1, Block 1 Martha Price Hall 10.15
Mofman Village
Lot 15 less E12.5' & all of Norman & Jessie S. Hallberg 14.73
Lots 16, 17, & 18, Wheatley
Lot 25, Ocean Beach Bayview Limited 27.62
Lot 4, Block H, Helen E. Hoehn 5.58
John B-. 'Re'~d's Village
Lot 7, Blk; K~- John B. 'Reid's Joan Hicks, et al 5.58
Village
Lot l, '& Lot 8, Block G~ · Robert A. Fenton 10.15
John ~. Bei~d,s Village
Lot 43 Block ~, McOarney Holdings, Ltd. 5.58
John B. Reid's village
Lot 7~ Bi~e3~G Harold W. Faulkender 5.58
John . Reid's'Viliage
Lot 13 & N24.5' of 14, Blk 43, Jessie & Maggie Nelson 7.42
Lot 15, Block 43 Tressie Lee Nelson 5.58
Lot 1 less N25' & Lot 2 Banner Development Co. 7.42
BIk. C,i Jo-hn B~j'Re~d,s Village
Lot 7, Bi~~ ~ Fredrick S. Neafie 5.58
John B. Reid's village
Lots 5 thru 10, Block 53 Horace D. & Catherine C.
Jones 14.73
Lots 16 thru 19, Block 47 A. Simon Eassa 14.73
Lots 3 & 4, Block 4 Lucy MacLeod Helm 10.15
Seagate B
PROPERTY DESCRIPTION OWNER ASSESSMENT
Lots 6 & 7, Block 1 Fredrica E. Halstead $ 10,15
Seagate Extension
Lot 11, Block 1 Richard W. & Anna
Seagate Extension Eleanor Nelson 5~58
Lot 4, Block 3 K.E. Edwards 5.58
Seagate Extension
Lot 6, Block 3 Allan P. & Ruth E. Hendry 5.58
Seagate Extension
Lot 7, Block 3 Municipal Paving Co. 5.58
Seagate Extension
Lot 9 less NIO', Block 3 Alexander F. & Beatrice F.
Seagate Extension Wilson 5.58
Lots 3 & 4, Block 5 Otto A. Pfaff 10.15
Seagate Extension
Lots 1 thru 9. Block 15 L.C. & C. A. Selover 14.73
Osceola Park
Vacant Part of Lots 54 & 55 B. & R. Properties, Inc. 10.15
less N8l, McGinley & Gosman ~
Lots 15, 16 & 22, Block 13 Frank & Nellie Florence
Del Ida Park Hatton 11.15
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