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03-28-60 MARCH 28th, 1960. A regular meeting of the City Council was held in the Council Chambers at 8:00 P.M., with Vice Mayor Dugal G. Campbell in the Chair, Acting City Manager R. D. Worthing, City Attorney Richard F. Zimmerman and Councilmen Charles H, Harbison, John A. Thayer and George V. Warren being present. An opening prayer was delivered by Rev. Robert G. Morey. On motion by Mr. Harbison, seconded by Mr. Warren and unani- mously carried, the minutes of March 21st, 1960 meeting were approved. Vice Mayor Campbell announced the appointment today of Mr. George Mingle as City Manager effective May 1st, 1960, not only based on the high qualifications of Mr. Mingle but references obtained from such reliable and unquestionable sources as former Governor and Senator Bricker of Ohio~ Ohio Supreme Court Judge Thomas Herbert; Mr. Louis D. Bannon, President of the National Bank of Portsmouth and partner in the leading law firm of said city as well as his law firm associate Mr. Benjamin F. Kimble. It was moved by Mr. Harbison that official action as to the employment of Mr. George Mingle as City Manager, effective May first and at the salary that is provided for in the current budget, be taken. The motion was seconded by Mr. Thayer and unanimously carried. Mr. Thayer expressed the gratitude of the council for the splendid service received from Mr. Worthing as Acting City Manager and since there had been no stipulation as to the salary for the Acting Cit~j~ Manager, moved that Mr. Worthing be paid an additional amount of $9.28 per day over his present salary and that this in- crease be retroactive to January ~21st last and further that this increase be effective until such time as the office of Acting City Manager is vacated by Mr. Worthing~ also this is no sacrifice as far as the budget is concerned as there is an allocation in the April salary for City Manager of $858.33 so the actual net layout on the part of the City is the difference between that and $937.28, being $78.95 and if there is no fund from which that amount can be taken it can be set up as a new fund~called the Appreciation and Good Will Fund. The motion was seconded by Mr. Harbison and unanimously passed. Mr. Thayer as a member of the committee appointed to meet with the architects for the Community Center and City Hall in order to reach some kind of an agreement to bring before the council, reported that meetings had been held with Mr. Roy Simon the proposed architect for the Community Center and Mr. Kenneth Jacobson the proposed archi- tect for the new City Hall, and believes that satisfactory agreements have been drawn up for Council consideration at this time. Mr. Thayer moved that the contract with Mr. Roy Simon as architect for the new Community Center be executed subject to the final approval of the City Attorney. The motion was seconded by Mr. Warren after which Mr. Worthing read the Agreement in full. Upon roll call the motion carried unanimously. Mr. Worthing then read, in full, the Agreement and Affidavit from Mr. Kenneth Jacobson regarding the new City Hall after which Mr. Thayer moved that this proposal be accepted and executed subject to the final approval of the City Attorney after the posting of the bond as mentioned in the affidavit, and subject to the limits for construc- tion of $200,000.00. The motion was seconded by Mr. Warren and unani- mously carried. Regarding street lighting on New Federal Highways the Mayor appointed a Committee of Mr. Charles Harbison, Chairman and Mr. Fleming and requested that Mr. Charles Senior of the Florida Power and Light Company act with them, in selecting the best type of light- ing'for the money that can be spent and make repot to the Council as soon as this study can be made. Mr. Worthing informed the Council that bids had been received on a two ton truck to be used in the Parks Department as follows: MARCH 28th, 1960. Earl Wallace Ford $ 3399.50 Adams Chevrolet Company 3603.81 DeMarco Tractor & Implement Co. 3857.00 It is recommended by the Director of Public Works to accept the low bid. Motion to accept the low bid was made by Mr. Warren, Seconded by Mr. Harbison and unanimously carried. Mr. Worthing then informed the Council that there was no budget figure for this beyond $3,000.00 and that $399.50 was needed from the contingency fund to provide for the purchase of this needed truck, it being so moved by Mr. Harbison, seconded by Mr. Warren and unanimously carried. Mr. Worthing informed the Council that bids had been received for a tractor with front end loader for the Streets Department as listed in the following memorandum from ~the Director of Public Works: "In accordance with my memo of February 3, 1960 and approval of the Council, dated February 22, 1960 (copy of which memo is attached for your information), bids were solicited today on a new industrial tractor and front end loader as follows: Sriver Tractor and Drilling Co., Lake Worth Florida Total price of equipment furnished ....... $ ?,350.00 Trade-in allowance .............. 1,200.00 (1953 Ford and Loader) Difference .... $ 6,150.00 Growers Equipment Company, Homestead, Florida. Equipment to be furnished - - - - ....... $ 7,020.00 Trade-in allowance 1953 Tractor & Loader - - 720.00 Difference - - $ 6,300.00 Delivery dates from both bidders are satisfactory. It is recommended that the low bid be accepted. Please note that the budgeted item of $4,100 for the purchase of a new dump truck has been deleted to provide for partial payment for this equipment. At the bid price of $6,150 this will mean that $2,050. will have to be provided from other funds. Vice Mayor Campbell vacating the chair requested Mr. Warren to preside and moved that the low bidder be given the contract and that $2,050.00 needed for partial payment of this equipment be provided from the contingency fund. The motion was seconded by Mr. Thayer and unani- mously carried. Mr. Worthing read the following telegram addressed to Mayor Glenn B. Sundy, from Paul Rardin, Chairman of the Board of County Commission- ers of Palm Beach County, Florida. "Due to the serious setback to our area by the continuous delay in making a start on the interstate highway in Palm Beach County, culminating in the postponement or cancellation of an already planned and budgeted project within the last few weeks, your Board of County Commissioners has set up a meeting ~o be held in Washington on Wednesday afternoon April 6th to work out arrangements with the U. S. Bureau of Public Roads for going ahead with the work. It is expected that our National Congress- ional Delegation will attend' together with representatives of the State Road Department, Florida Turnpike Authority, the Press, She Board of County Commissioners, and the affected communities in Palm Beach County. It is suggested that your Municipality have representatives at the meeting in Washington and~ lend support to the effort 'to get this work started without further delay." 2 ~RCH 28th, 1960. Mr. Harbison moved that the Mayo~ or a Councilman~ of his choice be authorized to ~epresent the City at this meeting. The motion was seconded by Mr. Thayer and upon call of roll, Mr. Harbison, Mr. Thayer and Mr. Campbell voted in favor of the motion, Mr. Warren being opposed. Mr. Worthing informed the Council that Pik-Quik, Inc., had  eti.tioned the City for annexation of a parcel of land in Section -46 43 and then read the caption of ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING LANDS CONTIGUOUS TO THE EXISTING BOUNDARIES OF SAID CITY IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS: AND PROVIDING RIGHTS AND OBLIGATIONS OF SAID LANDS. Mr. Harbison moved to place Ordinance No. G-347 on first reading. The motion was seconded by Mr. Warren and unanimously passed. Mr. Worthing informed the Council that Mr. Walter S. Goodspeed who owns property contiguous to the City of Delray Beach lying East of State Road AIA, has consented for his land to be annexed to the City of Delray Beach, and then read the caption of ORDINANCE No.G-348. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY ALL THAT PART OF THE S 100 FEET OF THE N 1~9% FEET LYING BETWEEN STATE ROAD AIA (OCEAN BLVD) AND THE WATERS OF THE ATLANTIC OCEAN AND BEING IN SECTION 21, TOWNSHIP 46 S., RANGE 43, EAST. Mr. Thayer moved to place Ordinance No. G-348 on first reading. The motion was seconded by Mr. Harbison and unanimously passed. Mr. Worthing informed the Council that Resolution No. 1212 was originally passed and adopted declaring the existence of nuisances on certain lots and parcels of land described therein and provided for a public hearing to allow said owners of properties to show cause, if any, why such nuisances should not be abated. Following that public hearing Resolution No. 1219 was passed and adopted order- ing the abatement of said nuisances, which resolution allowed a reasonable period of time to provide for voluntary abatement of the nuisances~ Of the original 64 items, voluntary abatement of nuisances was effected on 43 of them, the remaining 21 parcels of land were cleared by City equipment, cost of same being assessed'by Resolution No. 1235. Mr. Worthing then read RESOLUTION NO. 1235. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS 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 DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. WHEREAS, the City Council of the City of Delray Beach, Florida, did, in regular session held on December ?th, 1959, enact Resolution No. 1212, declaring the existence of a nuisance upon certain lots or parcels of land therein described for violation of the provisions of Ordinance G-l~7; and WHEREAS, pursuant to said Resolution, the City Clerk of said City did furnish each of the owners of the lands therein described with a notice that the City Council would sit on December 21st, 1959 at l:O0 o'clock P.M., at the City Hall in Delray Beach, Florida, for MARCH 28th, 1960. the purpose of allowing the owners shown in Resolution No. 1212 to show cause, if any, why said nuisances described in said resolution should not be abated; and WHEREAS, Pursuant to said notices, the Council of said City did sit on December 21st, 1959 at 1:00 o'clock P.M., at the City Hall in Delray Beach, Florida, for the purpose aforesaid, and said owners of the lands having failed to show cause why the nuisance described in the aforesaid resolution should not be abated, the said City Council did, on the scheduled hearing date as provided and shown herein re- solve that a nuisance existed on the lots or parcels therein describ- ed for violation of the Ordinance G-147 as aforesaid, and further re- solved that each of the owners described in said resolution be noti- fied and required to abate the nuisance within thirty (30) days from the receipt of a copy of such resolution, otherwise, in default there- of, said owners were notified that the City of Delray Beach, Florida, would enter upon said lands and abate the nuisance described and specified in said resolution and would levy the cost of such work as an assessment against the property therein described; and WHEREAS, pursuant to such resolution; the City Clerk of said City did furnish each of the respective owners of the lands described in said resolution with an appropriate copy thereof, namely Resolution No. 1219 and the owners hereinafter named did fail and neglect to abate the nuisance existing upon their respective lands within the time prescribed by said resolution and Ordinance G-147, and the City of Delray Beach, Florida, was required to and did enter upon the following lands and incur costs in abating the nuisance existing thereon as described in the aforesaid resolution; and WHEREAS, the City Manager of the City of Delray Beach, Florida, has, pursuant to said Ordinance G-147 and the City Charter submitted to the City Council a report of the costs incurred in abating the nuisance as aforesaid, said report indicating the costs per parcel of land involved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of~ Delray Beach, Florida, in- volving said City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached and made ~a part hereof, are levied against the parcels of land described on said report and in the amounts indicated thereon. Said assessments so levied shall be a lien from the date the assess- ment becomes effective upon the respective lots and parcels of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as city taxes are collectible. 2. That the City Clerk of said City shall record a certified copy of this resolution in the offic~ of the Clerk of the Circuit Court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and upon said report, a notice that the City Council of the City of Delray Beach, Florida, will sit as a Board of Equalization at the Cit~ Hall in Delray Beach, Florida on the llth day of April, 1960, at ~:00 o~clock P.M. to hear and consider any and all complaints as to the assessments shown herein and the said City Council shall adjust and equalize the same on a basis of justice and right and when so equalized and approved, such assessments shall stand confirmed and remain legal, valid and binding obligations upon the property against which said assessments are levied; such assessments after equalization adjustment and hearing shall draw in- terest at the rate of 6% per annum until fully paid. 3. After equalization and upon approval of such assessments, the same shall be forthwith payable together with any interest there- on accrued. PASSED AND ADOPTED at regular session on the 28th day of March, A. D., 1960. /s~ ~lenn B. Sundy 4 MARCH 28th, 1960. REPORT OF C0S ,,,0F, s WO R ,O INA C Lots 8 & 9, Block ll, ~ely Alpon $ 10.6~ 0sceola P~k. 201 Boston Blvd, Sea Girt, N. J. Lot 16, Block 11, Oscar B. Sabin 4~58 0sceola P~k. P. 0. Box 93 Tavernier, Fla. Lots 14, 15, 16, & 17, S. K~k~i 9.15 Block 7, Rio Del Rey P. 0. Box 157 Boca Raton, Florida Lots 18, 19, 20, 21, 22 M.R. Bry~t & 29.38 and 23, Block 7, G. B, He~ Rio Del Rey. 545 N. E. 17th Ave. Fort Lauderdale, Fla. Lot ~, Robert A. & Catherine K.M. 21.28 Seaspray Estates Kelly 808 North King Street Xenia, Ohio Lot 2, Jea~ette H. Resor 9.1% Seaspray Estates c/o Byrd & ~itley ..... ~ ............. D~el~ay Beach,~ F.lo~i~ ...... ~ Lot 27, Block ~, J~B. & Lois Spie~an ~ 6.06 Seagate Extension 74 Clubview Drive Irwin, Pa. Lot 6, Block ~, A~a K, ~Butter. 6.06 Seagate "B" P. 0. Box 59 Buch~, Mich. Lots 2 and 3, Block 12, Jaunita H; Briese 24.2~ Seagate "A'~. c/o Robert Burns Armo~ Bldg. Pa~~ Beach, Florida. Lot 25, Ba~view Investments Ltd. 70.37 0ce~ Beach Lots. c/o Jo~ Moore, Atty. Moore Bldg. Delray Beach, Florida Lot l, Block 9, Melvin B. & Edith Denend 10.64 0sceola Park. 340 Van Buren Drive' R.F.D. ~ 5. Huntington, L. I., N. Y. Lot 2, Block l, Willi~ M. Miller 10.64 Rio Del Rey Shores. P. 0. Box 2593 PomP~o Beach, Florida. Lot 6, Block 2,' ~ Glyde~ H.~Reeme, Jr. ......... 12.12 Rio Del Rey Shores. 1809~ Warrington Drive De,voit, Mich. Lots ll ~d 12, Block 4, Bessie C.~ Addition 15.96 Rio Del Rey Shores. 1529 Coral Ridge Drive Fort LauderdaIe, Florida Lots 5, 18 ~d 19, Block ~, A, Matthew Fullerton 15.96 Rio Del Rey Shores. P. 0. BOx 4512, Su~ise Station Fort Lauderdal'e, Fla. Lot 6, Block 4,' Stephen B. & Marjorie P. Keeler 9.15 Rio Del Rey Shores. East Syracuse l, N.~Y. MARCH 28th, 1960. Lot 7, Block 4, C.F. & Tonetta St. John 12.12 Rio Del Rey Shores. 16 Tonetta Circle E. Norwalk, COnn. Lot 24, Block 4, Burnell N. & Mary L. Larke 10.64 Rio Del Rey Shores, 727 S. Cass Hastings, Mich. Lots 8 and 9, 0. S. Mansfield 91.49 Block 12. 415 N. W. 1st Street Del~ay Beach, Florida Lot l, Block G, Robert A. Fenton 10.64 The Village ? Wilmuth Avenue Wyoming, Cincinnati, Ohio Lot 7, Block K, J. Hicks; F. Ludington; 12.12 The Village. L. Woehle & G. Baker, Jr. c/o M~s. Joan L. Hicks 2?32 Abingdon Road Birmingham 13, Alab~aa M~. Harbison._moved to adopt Resolution No. 1235, motion being seconded by M~. Thayer and unanimously passed. M~o Worthing then submitted reports and correspondence from the Planning Board as follows: 1. "At a special meeting of the Planning and Zoning Board held on March l0 the Board considered the request to rezone the Haggart property on N. E. 2nd Ave. from R-2 to The Board voted unanimously that the request be denied and the property remain as is." "I am returning the entire file to you on the Haggart property on N. E. 2nd Ave. At the moment there is no request before us. On March 15 you referred this matter back to us for further study. Mr. George Simons is expected here this week and I am in hopes that we can Jointly c~e up with a policy to be able to take care of this matter." Mr. Campbell informed Mr. SchEidt that their group of people would be notified of the time of the meeting with Mr. George Simons in order to have representatives present. 2. "The Planning and Zoning Board respectfully requests your approval to proceed to set up a document similar to "General information concerning the Board of Adjustment" to cover zoning. With you~ approval the Board will proceed together with the city attorney and the city manager to set up for your approval such a document to be used in exactly the same manner as that now in use by the Board of Appeals." Mr. Harbison moved that the preceding request be approved. The motion was seconded by Mr. Thayer and unanimously approved 3. "I have received from Mr. George Simons at my request certain recommendations on the matter of corner lot set- backs. A Committee of our Board is working also on this matter and we hope that next week we shall be able to coordinate this matter and offer you ou~ recommendations shortly thereafter." 4. "Attached please find the complete file of letters, petitions, and my summ~ of the results of the hearing held on March 2~th at your request on the properties East and West of S. E. 1st Ave. from Atlantic Ave. to S. E. 2nd Street. I wrote to M~. Simons prior to the hearing to obtain his view of this matter. His letter is attached. 6 MARCH 28th, 1960. It was duly moved to deny the request. The vote was four in favor and one opposed. The Board felt there is no sound reason at this time to expand the Commercial zones in the City. Mr. George Simons is expected here this week and un- doubtedly this and other properties in the general area will come up for further discussion." Mr. Thayer moved that this matter be tabled for one week. The motion was seconded by Mr. Warren and upon call of roll Mr. Thayer, Mr. Warren and Mr. Campbell voted in favor and Mr. Harbison abstained from voting. Mr. Campbell requested that the City Manager obtain complete information from the Planning Board on this item regard- ing objections, etc. 5. "At its regular meeting on March 25 the Planning and Zoning Board held a hea~ing on a request submitted by Mr. Forrest Weaver to rezone Lots 3 and 5, Nichols 1st Addition from R-lA to R-2. Two people came to the hearing. Both objected. Three letters of objection were received and one letter in favor. The Board voted unanimously to deny this request. An identical request was denied in January 1959 on the basis of spot zoning. The Board feels that this is still true and further that the general area has changed in degree to justify further duplexes in this zone." Mr. Warren moved to sustain the recommendation of the Planning Board'and deny the request. The motion'was seconded by Mr. Harbison and unanimously carried. 6. "On March 18, 1959 Capt. Raymond N. Thom~en submitted a request to rezone Lots I~I thru 48~ Block l, Southridge, from R-lA to C-2. A public hearing was held on April 7, 1959. About this time there were four or five requests for zoning changes both~East and West of the FEC Railroad between S. Eo 4th Street and the Maule industries ~plant. On the basis of this and with Captain Thom~men' s approval we placed them all in our general annual review with Mr. Simons. From April on most of these requests were withdrawn. When M~. Simons was last here we made an extensive study of this whole area. We all came to the conclusion that any overall change in zoning in this whole area was not justified, and that we should treat this request on an individual basis. Here too the Board felt that no justifiable reason existed to warrant the change and the Board voted unanimously that the request be deniedo" Mr. Warren moved that the Planning Board's recommendations be accepted and the request to rezone Lots 44 thru 48, Block l, Southridge from R-lA to C-2 be denied. The motion was seconded by Mr. Thayer and unanimously carried. ?. -"On May 13, 1958 Mr. Richard T. Hanna applied for the zoning of Lot 5, Plat of Anderson Block. This property lies adjacent to the FEC Railroad on the West side of the tracks and is South of and adjacent to the C-2 zone extending South from S. E. 4th Street on the West side~ of the tracks. A hearing was held on this request on Jan. 9, 19~9~ Mr. Hanna agreed to place this in an overall zoning consideration with Mr. Simons as there were other requests in the general area at that time warranting an overall study. During Mr, Simons last visit here we decided that condi.tions warranted no general area changes so we decided to take the remaining cases and treat them on an individual basis. The Board unanimously agreed that the request be granted." MARCH 28th, 1960. Mr. Campbell vacating the chair requested Mr. Thayer to preside, and stated that it is his desire to table this matter and discuss it with M~. George Simons along with the entire a~ea. After discussion, M~. Campbell moved that this matter be tabled to be discussed with the Planning Board and Mr. Simons. The motion was seconded by Mr. Ha~bison and upon call of roll Mr. Ha~bison, Mr. Thayer and Mr. Campbell voted in favor of the motion, Mr. Warren being opposed. Mr. Worthing presented Bills for Approval in the amounts of: General Fund $ 20,829.?9 - Water Fund - Operating Fund 31,841.28 Mr. Thayer moved that the bills as submitted be approved, motion being seconded by Mr. Harbison and unanimously approved. Mr. Ben O'Brien asked for consideration on his request for water service outside the City Limits. Mr. Worthing informed the Council that the Policy for water service outside the CityL~is being studied and a report will be made not later than next Monday'night. Mr. Frank W. Lilley of 316 N. E. 1st Avenue asked concerning the Planning Board report on the West half of Block 73, and the report was read for his benefit, said report having been read earlier du~ing the meeting under REPORTS. After discussion, Mr. Harbison moved to follow the recommendation of the Planning Board and deny the request for rezoning of Lots I thru 12, Block ?3. The motion was seconded by Mr. Thayer and unanimously ca~ried. Mr. CaEpbell then asked for clarification of the present position of the request made by Mr. Haggart through his representa- tive, Attorney Scott, which was referred to the Planning Board at the meeting of March 14th, which request was for deviation for the purpose of constructing a parking lot upon Lots I th~u 12, Block 73, to be used in conjunction with his property on N. E. 2nd Avenue, which is zoned C-2. After discussion Mr. Campbell vacated the chair, requesting Mr. Warren to preside, and moved that this request, which seems to be based on an error, be denied. The motion was seconded by Mr. Thayer and after further discussion and reading of the following Planning Board report, was carried unanimously. "I am returning the entire file to you on the Haggart property on. N. E. 2nd Ave. At the moment there is no request before us. On Ma~ch l~ you referred this matter back to us for further study. Mr. George Simons is expected here this week and I am in hopes that we can jointly come up with a policy to be able to take care of this matter." Mr. Campbell asked if the matter of garbage and water billing is being studied. Mr. Worthing informed him that a study is being made. Mr. Campbell inquired regarding the parking lot at the ball park and was informed that County Commissioner Ben Sundy had provided for the rock for same. The Council was informed that Mr. Fleming had discussed street repairs with the gas company who had installed gas mains and that the repairs will be made. Mr. Campbell asked that the cleaning of West Atlantic and ~th Avenue intersection be made a part of the regular cleaning of streets. Mr. Worthing read the following letter from Mr. Walter E. Keyes, Regional Administrator of the Housing and Home Finance Agency. MARCH 28th, 1960. "We are writing to advise that Mr. John J. Hader, Liaison Officer, will visit Delray Beach on Wednesday, March 30, 1960, to assist in a resurvey of the relocation housing need for the City of Delray Beach. "Mr. Hader will contact you upon his arrival." The meeting was adjourned at 9:45 P.M. on motion by Mr. Thayer and seconded by Mr. Warren. R. D. WORTHING City Clerk APPROVED: MAYOR MARCH 28th, 1960.