05-22-72 PlAY 22, lC'72
A regular meeting of the City Council of the City of
Delray Beach, Florida, was called to order in the Council Chambers
at 7:30 P.M.:, Monday, May 22, 1972, by Mayor james H. Scheif!ey,
with Ci'ty Manager J. Eldon Mariott, City Attorney G. Robert
Fellows, and Council Members Grace S. Martin, J. L. Saunders,
Leon M. Weekes, and O. F. Youngblood present.
1. The opening prayer was delivered by Reverend Semmie
Taylor of the House of God Church, Deerfield Beach, Florida.
2. The Pledge of Allegiance to the Flag of the United States
of America was then given.
3. The minutes of the regular meeting of May 8, 1972, and the
special meeting of May 17, 1972, were unanimously approved on motion
by Mrs. Martin, seconded by Mr. Saunders.
4.a. Mrs. Martin stated that she had received a number of com-
plaints regarding dogs running loose in the N. E. 22 Street area
in the Seacrest Park portion and requested the City Manager to
look into this problem.
4.b. Mr. Youngblood requested the City Manager to investigate
the possibility of having an extremely low area filled in on N. W.
4 Street at 5th Avenue.
4.c. Mayor Scheifley read the following letter from Mayor
H. Everett Hougen of the City of Clearwater, Florida, dated
May 18, 1972:
"Recently I received a Resolution pertaining to the
Florida League of Cities which had been adopted by
your City Commission and I do appreciate it very
much. It served as an inspiration for me to issue
a Proclamation dealing with the same subject, copy
of which is attached."
5. Reverend Semmie Taylor reported on the serious.drainage
problem in the Southwest section of Delray Beach and stated that
he had previously talked with the Health Department about the
danger of a certain pond West of S. W. 8 Avenue. He asked if
there could be any kind of commitment made by the City Council
or an estimate of when some action could be expected to be taken
by the City regarding these problems that have been present for
some time. Mayor Scheifley expressed his understanding of these
problems. The City Manager reported in detail on the present status
of the drainage situation, and the reasons for the delay in starting
the project. He stated that a condition had been received from the
Corps of Engineers whJ.cb in essence was their permit. He explained
the procedure which must be followed and reported that the way is
now clear for the bid opening to be set and for approval by the
City Council with respect to the special assessment in connection
with the project. He expects construction to start in the very
near future.
Reverend Taylor mentioned the subject of sanitary sewers
in the Jefferson Manor area and asked Council if anything could be
done by the City at this time regarding the problem. Mr. Mariott
stated that funds were not available at this time but that Council
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had approved inclusion of sanitary sewers for' the Jefferson Manor
area in the upcomin? $7,000,000-plus water and sewer improvement
program. It is Planned to have t'he bond issue money in the bank
in late 1972. Application has been made fcr approximately
$3,000,000 in Federal funds ~Jh. ich will fund the total project
when added to the bond issue money. It is expected to be some
time in 1974 before the sanitary sewers are actually in the Ground
and all improvements are completed. Mr. Mariott stated that there
is a definite plan and program to carry out the project and that
the engineers have been authorized to draw up plans and specifica-
tions. ~
Reverend Taylor then suggested that the City consider
hiring additional black police officers and giving all black
policemen equal opportunity for advancement.
6.a. The City Manager stated that the City Council had agreed
at a workshop to approve an Agreement providing for the incarcera-
tion of prisoners from the Tow~ of Gulfstream in the Delray Beach
City Jail. He reported that such an Agreement had been drafted
and approved by the Town of Gulfstream. Mr. Mariott recommended
that Council approve this Agreement. Mrs. Martin moved for the
approval of the Agreement between the Town of Gulfstream and the
City of Delray Beach providing for the incarceration of the
prisoners of the Town of Gulfstream in the Delray Beach City Jail.
Mr. Youngblood seconded said motion, and same was unanimously
passed.
(Copy of this Agreement is attached to the official copy of these
minutes.) See: Pages 94 A-C
6.b. The City Manager reported that the City had received a
request from the Soap Box Derby Committee for $62.50 for the
purchase of a $37.50 bond and a $25.00 trophy to be awarded as
prizes in this annual event. He recommended that authorization
be given for the expenditure of $62.50 for the Soap Box Derby,
said funds to be taken from the General Fund Contingency Account.
Mr. Weekes made a motion to that effect, seconded by Mr. Saunders,
and carried unanimously.
6.c. Concerning' a survey of parcels of land in violation of the
City Nuisance Laws, the City Manager recommended that Council author-
ize the City Clerk to provzde for the abatement of the nuisances
in question, in compliance with Chapter 15 of the City's Code of
Ordinances. Mr. Youngblood so moved, seconded by Mr. Saunders,
and unanimously carried.
(Copy of the Nuisance List is attached to the official copy of
these minutes.) See: Page 94-D
X. Mayor Scheifley commented on the improved condition of the
Phillips Gas Station at the corner of N. Wo 5 Avenue and 2nd Street.
He commended the administration for the fine jcb that had been done.
6.d. The City Manager informed Council that, in compliance
with Section 169 of the City Charter, a proposed Assessment Roll
had been prepared for Council's consideration. These assessments
result from the opening, grading and paving of tha't porticn cf
N. E. 3 Avenue, lying North of N. E. 22 Street, a distance of 230
lineal feet .extending North from the South line of Lot 3, Block 7,
Seacrest Park Subdivision, to a width of 24 feet and culminating' in
a cul-de-sac. He stated that the project had~ been completed and
the total cost determined, which is $5,304.84, of which $4,243.87
is assessable.
Mr~ Mariott recommended that Council approve the Assess-
ment Roll. He stated that an Ordinance would be prese~.~ed later
during the meeting, and, after advertising, a p%~Tulic hearing wo~ld
be hel~ before final approval would 7~e gJ. ven %o the Assessment Roll.
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5-22-72
The City Msnager requested that a motion to approve the Assessment
Roll be considered by Council. Mr. Saunders so moved, seconded by
Mr. Youngblood, 'and unanimously carried.
(Copy of the Assessment Roll is attached to the official copy of
these minutes.) See: Page 94-E
7.a. City Manager Mariott informed Council that the City had
received an application from Mr. Arthur Sprott, acting as agent
for the owner, for the annexation of approximately 73 acres of
land located on the North side of Lake Ida Road between Barwick
Road and Military Trail, being in the Southwest quarter of
Section 12, Township 46 South, Range 42 East. Upon his recom-
mendation, Mrs. Martin made a motion that the application be
referred to the Planning and Zoning Board for study and recom-
mendation, seconded by Mr. Youngblood, and unanimously carried.
8.a. The City Manager presented ORDINANCE NO. 11-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LANDS LYING IN
THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP
46 SOUTH, RANGE 43 EAST, AND IN THE NORTHEAST
QUARTER OF SECTION 29, TOWNSHIP 46 SOUTH, RANGE
43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LANDS; AND PROVIDING FOR THE ZONING THEREOF.
He informed Council that ORDINANCE NO. 11-72 annexes a tract of
land consisting of approximately 1.95 acres located at the South-
east corner of Linton Boulevard and Dixie Highway, subject to C-2
zoning. The applicant is Mr. Ellis Chingos. Mr. Mariott reported
that the Planning and Zoning Board, by unanimous vote at a meeting
held on May 16, 1972, recommended annexation as requested by the
· applicant.
ORDINANCE NO. 11-72 was unanimously placed on first
reading, on motion by Mr. Youngblood, and seconded by Mr. Weekes.
8.b. City Manager Mariott presented ORDINANCE NO. 9-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LAND LYING IN
SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
WHICH LD~ND 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.
He informed Council that ORDINANCE NO. 9-72 involves a request for
the annexation of a building lot, subject to R-1AA zoning, located
on the West side of N. W. 6 Avenue between N. W. 7 Street and
N. W. 9 Street. City ~[anager N[ariott informed Council that there
is a question as to whether or not it wo-~[ld be necessary to clear
this matter through the Board of Adjustment. He stated that he had
consulted with the City Attorney, and Mr. [~ellows had recommended
that ORDINANCE NO. 9-72, if Council wishes, be placed on first
reading and that consideration of passage on second reading be
held up until the proper clearances have been obtained. Upon
Mayor Scheifley's question, the City Manager explained that there
is a problem with regard to lot width and area.
ORDINANCE NO. 9-72 was unanimously placed on first
reading, on motion by Mr. Saunders, and seconded by ~lr. Youngblood.
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8.c. The City Manager ~resente~ C!~DI~ANCE NO. 10-72.
AN ORDI'NANCE OF THE CITY OF DELRA!~ BEACH,
FLORIDA, LEVYING THE ASSESSMENTS AS SiIOWN
BY' THE ASSESS[~;ENT ROLL SUBMITTED BY THE CI~I%f
MANAGER OF SAID CITY, CONCERNING THE OPENING,
GRADING AND PAVING OF THAT PORTION OF N. E.
3RD AVEN~JE LYING NORTH OF N. E. 22~%qP STREET,
A DISTANCE OF 230 LINEAL FEET EXTENDING NORTH
FROM .THE SOUTH LINE OF LOT 3, BLOCK 7, SEACP~EST
PARK SUBDiVISiON TO A WIDTH OF 24 FEET AND
TEPAVlINATING IN A 60-FEET DIA~VflETER CUL-DE-SAC.
He explained that .ORDINANCE NO. 10-72 applies to the Assessment Roll
that had been previously discussed. %q~e improvement cost is
$5,304.84. The City's 20% share of the cost is $1,060.97, thus
leaving $4,243.87 as a special assessment against the benefited
properties.
ORDINANCE NO. 10-72 was unanimously placed on first
reading, on motion by Mr. Weekes, and seconded by Mrs. Martin.
9.a. The City Manager informed Council that Mr. James Jurney
has applied for a permit to construct a parking lot at 15 South
Swinton Avenue, Lot 8, Block 69. This parking lot~ if completed,
would contain 12 spaces. The Planning and Zoning Board, at a
meeting held on May 16, 1972, recommended by unanimous vote, the
approval of the development of this parking lot. Mr. Mariott
reported that at a recent workshop meeting, Council had decided
to place this item on the Agenda for this meeting, subject to the
approval of the Beautification Committee. Mr. George Aspinwall,
Secretary of the Beautification Committee, reported that the
Beautification Committee, at its last meeting, approved the plans
with two slight changes that Mr. Jurney had subsequently agreed
to make. Mr. Saunders moved that approval be given to the parking
lot on Lot 8, Block 69, subject to the changes that were indicated
by the Beautification Committee. Said motion was duly seconded
by Mr. Youngblood, and unanimously passed.
9.b. City Manager Mariott reported that the Planning and
Zoning Board, at its meeting held on May ].6, 1972, by a vote of
4 to 1, recommended the approval of a site plan for the construction
of a 10-unit apartment building at 1835 South Ocean Boulevard, being
the North 100 feet of the South 2,520' of Government Lot i, lying
East of State Road A-i-A, Section 28-46-43. Mr. Weekes made a
motion to sustain t'he recommendation of the Planning and Zoning
Board and grant the site plan approval, seconded by Mr. Saunders,
and unanimously carrzed.
9.c~ The City Manager informed Council that the Plannin~ and
Zoning Board, at its meeting held on May 16, 1972, by unanimous
vote recommended tha~ a request that the West. quarter of Lot 29
less the South 155 feet of the Esst 70 feet and !ess the North
50-foot right-of-way, Section 20-46--43, for rezcning from C-2 to
C-3, be denied. The Board's reason for recommending denial was
that it would not be compatible with the proposed Land Use Plan.
The property in question is lock, ted on the South side of S. W. 10
Street between the F..E.C. Railroad and the Seaboard Airline Railroad.
Mr. Mariott suggested that Council could either sustain
the action of the Planning and Zoning Board, defer it for further
study, or grant the applicant's request. He recommended that
Council refer this matter~ to a workshop meeting. A motion to that
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5-22-'72
effect was duly made by Mr. Weekes, seconded by Mr. S~unders, and
c~rr_e~a unanimously.
10.a. Miscellaneous.
The City b.lanager asked for the Council's consideration
of a motion with respect to financial pazticipation for 'the AGAPE
opening of a second drug abuse center on the West side of the City.
Mr. Mariott explained the financial, aspect of this matter and said
that this had been discussed at the last Council workshop meeting.
He said it had been agreed to spend $6,000.00 for a period of up
to 8 weeks. Mr. Youngblood made a motion~ seconded by Mr. Saunders,
and unanimously carried, for the acceptance of the.described drug
abuse center, with the funds amounting to $750.00 per week to come
from the General Contingency Fund Account. Mr. Weekes asked if it
was understood by Council that at such time as the Federal monies
were made available the Council monies would cease. Mr. Youngblood
stated that he had not included this in the motion but that it had
been brought out at the workshop meeting. Mayor Scheifley stated
that this was a two-faceted program. AGAPE worked on rehabilitation
and prevention and the City worked on the law enforcement aspect.
The City Manager commented on the steps which had been taken by the
administration with respect to an evaluation of the law enforcement
facet of this matter, and suggested that future steps should be
taken by all of the people, the law enforcement officials, and the
administration departments that are involved. He emphasized how
important it was for better training for law officers, and also
to have changes made in the ordinances regarding law enforcement.
Mr. Mariott suggested that the City of Delray Beach could consider
hiring one more police personnel at this time and make some ad-
ditional minor expenditures for the remainder of this fiscal year.
The City Manager stated that Council could either consider authoriza-
tion of the transfer of funds from the General Fund Contingency
Account in an amount not to exceed $5,000.00, for the balance of
this fiscal year, or could delay formal action until the study is
completed and a final report submitted.~ Following a general dis-
cussion, Mr. Weekes suggested that Council wait for a final report
from the City Manager on this matter.
10.b. The City Manager informed Council that the Jaycees of
Delray Beach have requested permission to use the City Park on
June 10 and June 11, 1972, for their Annual Delray Beach Band Days.
He recommended that such authorization be given to that organization.
Mr. Douglas Hicks, Chairman of Fund Days, described the plans that
have been tentatively made for the Fund Days.
Mr. Saunders moved that the Jaycees of Delray Beach be
given permission to use the City Park on June 10 and June 11,
1972, for the Annual Fund Days, seconded by Mr. Youngblood, and
unanimously carried.
~ 10.c. The City Manager presented ORDIN~CE NO. 12-72.
AN ORDINANCE OF THE CITY COL~CIL OF THE CITY
OF DELRAY BEACH A>~ENDING SECTIONS 14-9, 14-10
AND 14-11 PERTAINING TO RECLASSIFICATION OF
PROPERTY INTO FIRE ZONES I, II AND III OF
CHAPTER 14 FiRE DEPARTMENT, FIRE PREVENTION
A5~ FIRE REGULATION.
Following a general, discussion, ORDINANCE NO. 12-72 was unanimously
placed on first reading, on motion of Mrs. Martin, seconded by
Mr. Weekes.
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5-22-72
10.d. Upon the City Manager's recommendation, Mayor Scheif!ey
called for a special meeting of the City Council to be held on
Wednesday, May 24, 1~7~, at 12:00 P.M., ESY~ for the purpose of
receivinq bids on the Beach improvement Cen~ra] Obligation Bond
Issue and for the sale of said bonds, t{e requested the City Clerk
to prepare a Notice to that effect.
10.e. The city Manager reported on the following letter he had
received from Eleanor N. Gringle, Secretary~ Board of Adjustment:
"Mr. James L. Love, Jr., has indicated to the Board
of Adjustment that he prefers to be an alternate
rather than a regular member of this Board. The
reason for Mr. Love's preference Js because he is
unable to attend regular meetings due to his business
activities and numerous community interests.
In order to accommodate Mr. Love, it would be necessary
for an alternate member of the Board to be elevated
to regular membership. During the past year Mr.
James Postma has been a very willing and faithful
alternate and a majority of the regular members of
our Board recommend the appointment of Mr. James
Postma as a regular member and Mr. James L. Love,
Jr., continue on the Board as an alternate member."
Mr. Saunders moved that Mr. Love, Jr., be appointed as an alternate
member of the Board of Adjustment and that Mr. James Postma be
appointed as a regular member of this Board for the remainder
of the unexpired terms. Said motion was seconded by Mr. Youngblood,
and unanimously carried.
10.f. Concerning an application for site plan approval of the
West half of the SW 1/4 of the NE 1/4 of the SW 1/4 of Section
18-46-43, lying North of State Road 806, less the West 40-foot
right-of-way, the City Manager reported that the Planning and
Zoning Board, at its May 16, 1972, meeting had recommended that
this site plan not be approved.
The City Manager informed Council that he had received
a letter from the applicant requesting an audience with the Council.
Due to his time schedule, the applicant would not be able to meet
.with Council until late in June. Upon the City Manager's recommenda-
tion, this matter was merely received by Council as a report and
would be discussed at a future workshop meeting when the applicant
could be present.
!.0.g. Mr. Saunders reported that he had been through the new
water plant recently and he felt that the public should be made
aware of the fact that there would be a delay in its completion
due to certain parts not having been received on schedule.
10.h. The following BILLS FOR APPROVAL were unanimously approved
for payment on motion by Mr. Weekes, and seconded by Mr. Saunders:
General Fund $138,992.29
~Capital Improvements Construction
Trust Fund $ 84,425.40
The meeting was adjourned at 8:30 P.M.
HALLIE E. YATES City Clerk
5-22-72
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94-A
INDEMNIFICATION AGP~ ]5!:;MENT
THIS AGREEMENT of indemnity, entered into this 24th day of
May ' 1972, by and between the TOWN OF GULFSTREAM, Palm
Beach County, a municipal corporation existing under the laws of the State of
Florida, hereinafter referred to as the party of the first part, and the CITY
OF DELRAY BEACH, Palm Beach County, a municipal corporation existing
under the laws of the State of Florida, hereinafter referred to as the party of
the second part;
WITNESSETH:
WHEREAS, the party of the first part is presently without any penal
detention facility; and
WHEREAS, the party of the second part is willing to cooperate in
providing its penal detention facilities so as to permit the party of the first
part to place its prisoners therein on a temporary basis;
NOW, THEREFORE, in consideration of the sum of $1.00, in hand
paid by the party of the first part to the party of the second part, the receipt
of which is hereby acknowledged, the party of the first part does hereby
covenant and agree to protect, indemnify and save harmless the party of the
second part from and against any and all loss, damage or liability, incurred
by reason or in consequence of the transfer, detention or removal of
prisoners taken into custody by the party of the first part and quartered
within subject facilities.
The' party of the second part shall not be liable to the party of the first
part, its emPloyees, patrons, guests or visitors, in or upon the premises for
any damage to persons or property caused by any act of neglect of any other
agent, servant, or employee of the party of the second part; nor due to the
building on said premises, or appurtenances thereto, being improperly
constructed or being or beer>ming out of repair; nor for any damage from
any defects or want of repair of the building upon wtfich subject premises
form apart, and the party of the first part accepts subject premises as
94-B
suitable for the purposes iniended and each and every appurtenance thereto in
the condition of same at the beginning of this Agreement and waive all defects
thereon.
The par.ty of the firs% part shall pay the party of the second part
$20.00 per day, or fraction of a day, for each person turned over to party
of the second parr. Aday shallbebased on24 hours from time received by
party of the second part. The $20.00 shall include meals and transportation
to and from hospital if needed.
[.
!- The party of the first part guarantees that all police officers employed
comply with the requirements of F.S. 23.
This Agreement shall become terminated upon either party giving
written notice of its intention to terminate at least thirty (30) days prior to
such termination date.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by their duly authorized officers the day and year
first above written.
In the presence of: TOWN OF GULFSTREAM, FLORIDA
ATTEST:
Town Clerk /
(CORP. SEAL)
CITY OF DELRAY BEACH, FLORIDA
~i)?~..'~z.-,~,, :..~. ~-~.,~,
AT T EST:
.... , _
City Clerk , ,,
(CORP. SEAL)
94-C
APPROVED AS TO FO[[M: APPt{OV]£D AS TO FOI{M:
TO~VN OF GULFSTIIEAM CITY OF DELRAY BEACH
~ ,' / //
ity Manager
Town Manager
City Attorney
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94-D
PROPERTIES IN VIOLATION OF O?3)INANCE NO. G-147
A!qrD SECTION 15-4 OF TfIE CI'flr CODE
CITY
OWNER AL~ ADDRESS PROPERTY DESCRIPTION CODE
Aiden, Inc. Del-Raton Park, Lots 27-31,
365 WRite Plains Block 1; Lots 6-27, Block 17;
Eastchester, New York 10709 and N 1/2 of Avenue D shown on
Plat of Del-Raton Park S/D and
Alleys as per OR 1699-1399
(2350 South Federal Highway) 15-4
Russell E. Brown Lot 21, Block B
3565 Dexter Road Tourist Nook
Ann Arbor, Michigan 48103 216 N. W. 8 Avenue 15-4
Ralph D. and Martha B. Priesmeyer Lots iA and 18A
P. O. Box 591 Seesedt-Stevens S/D
Delray Beach, Florida 33444 15-4
Violations 15-4 as concerns this report are as follows:
.1. 15-4 Undergrowth prevents lot mowing crew from mowing
property. Haven for pests and rodents.
2. 15-4 Overhanging trees prevent mowing. Haven for
pests and rodents.
3. 15-4 Undergrowth and unmaintained trees. Haven for
pests and rodents.
Submitted to the City Council by the City
Manager on this the 22nd day of May, 1972.
94-E
ASSESSME[~T ROLL
For opening, grading and paving of that portion of N. E. 3rd Avenue lying
North of N. E. 22nd Street, a distance of 230 lineal feet extending North
from the South line of Lot 3, Block 7, Seacrest Park Subdivision and term-
inating in a cul-de-sac.
ASSESSMENT per front foot $9.2258
PROPERTY FRONT TOTAL
DESCRIPTION OWNER FOOTAGE ASSESSMENT
:EACREST PARK, BLOCK 7
wot 1 Robert L. and Alice A. Horn 68.88 .$ 635.47
Lot 2 Rose Markey 80.56 743.23
Lot 3. Thomas and Helen Wickert 80.56 743.23
SEACREST PARK, BLOCK 11
Lot N 1/2 of 12 Astro Incorporated 32.50 299.84
Lot 13 Astro Incorporated 65.00 599.68
Lot 14 Astro Incorporated 65.00 599.68
Lot 15 Astro Incorporated 67.50 622.74
460.00 $4,243.87 *
Construction Contract (Hardrives) $4,562.00
15% Administrative Expense 684.30
Advertising to date 38.88
Advertising Assessment Roll (est.) 13.40
Advertising Ordinance Caption (est.) 6.26
$5,304.84
LESS 2~ - City share of cost per
Resolution No. 39-71 1,060.97
* 8~ to be assessed ........ $4,243.87