06-09-69 ~ 9, ].969
A regular meeting o~ the City Council of the City of Delray Beach
was held in the Council Chambers at 8:00 P.M., with Mayor J. L.
Saunders in the Chair City Manager David M. Gatchel, Acting City
Attorney· John Ross Adams, and Councilmen John L. Pitts, III, James
H. Sche.ifley, James B. Wilson and O. F. Youngbl~od being present.
1, .An opening Prayer was delivered by Dr. Frank Hamilton. ~
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular Council meeting of May 26, 1969, were
unanimously approved, on motion by Mr. Wilson and seconded by Mr,
Youngblood.
4. City Clerk Worthing read a letter from Congressman Paul G. Rogers,
dated May 27, 1969, concerning the proposed mining of Lake Okeechobee
by the Coastal Petroleum Coml~any, and acknowledging receipt of
Resolution No. 26-69 recently passed by the City of Delray Beach,
~osing said mining of the Lake.
A Pubi~c Hearing will be held on the ~oposed mining of Lake
Okeechobee by the Corps of Engineers, in the' West Palm Beach Au~itorium,
West Palm Beach, on Thursday, June 12, 1969, at 9:00 A.M., and the
· Mayor and CounciLmen who do not have other commitments plan to attend
sai~d hearing.
5. Mr. Scheifley said that during his first six months on.the Council
he feels he. has learne~, a lot but there is much more ~o learn; also
that some important things have 'been accomplished such as contracting
fOr new equipment for the trash and garbage PiCk-up, and passing of
some zoning ordinances to control tbs..growth and progress in the City.
He sa~d that ~uring' the next eighteen months of his te~m it is his
desire that Council will a~complish several pr, ojects or~ at least get
them well under way, and that some of the major projects have been put
aside on account of 'minor problems that have come up.
Mr. Scheifley said that he .hopes within the next 60 days the south
beach property will be sold, and in the meantime, that arrangements
should be made to proceed with some plans for the Southwest drainage7
plans for an incinerator; plans for,building a water filtration plant
or desalinization plant, whichever feasibility studies indicate, and
that this planning should be done now. Further, he feels the .public
is willing to pay for some of these things in increased fees or
creased taxes and ~f necessary, a straw vote should be taken to see
how the public feels about it.
He said he thinks consideration should be given to _bringing in one
or two top experts ~n~er the employee of the City Manager to work on
these special projects, one or two high.-level men equivalent to or
higher than department managers, to be working on these .proJeC=s: now,
and .doing some planning.
Mr. Scheifley said he feels the City COuncil has been lax and shou14""
be more agressive, and that the Planning and Zoning Board should be
directed to present a stronger sign ordinance for the City, and that
it be enforced; also, that there should be a building height limit
p.~aced in the RM-1 -Zoning District. He said he thinks the town should
be cleaned up and beautified, and cited, several unsightly items that
should be Iooked into~ further, that there should be a 2:00 A.M. clOs-
ing of the bars. .
Mayor SaUnders siad he agreed with a greal ~deal of what Mr. Scheifley
has just said., and. recently in conversation with the citY Clerk and
City Manager he said that before he is out of office he would like to
see all the f~ures worked up on a general bond obligation .which would
cover a new water filtration plant or ~he feasibility of. looking into
the desalinization; also the Southwest drainage,, and an incinerator,
and that in December such a bond issue could be voted %~n b~. t~%e people..
5. Mr. Wilson said that he desires to see these projects started and
hopes the funding of same can be accomplished.
5. Mr. Youngblood was in agreement with other Councilmen concerning
these important projects.
5. Mr. Youngblood informed Council that Mr. Johnnie Johnson and Mr.
James Brooks each bought a lot 50 fe~t by 138 feet on S. W. llth Avenue
in the a-2 Zoning District on which they planned tO buil(~ duplexes at
the time they had the lots paid for. Upon getting deeds to said prop-
erties, they had plans drawn for duplexes and when they applied for
building permits, they were informed that those properties were recently
rezoned to single family dwelling district. He said that most of the
buildings in that area are duplexes and these men would like some
special consideration in being permitted to build duplexes.
Council referred this item to the Planning and Zoning Board fo_w a
recommendation concerning rezoning said properties to RM-2 class if ica~
tion.
5. Mr. Youngblood reported that Mr. Odds Tanner, developer of the
Condom%niums in Tropic Harbor, had asked him to come ~own and observe
the ruined clothing of some of his tenants due tO the bad';.condition of
the City water. Mr. Tanner informed him that some of the people are
going to Deerfield to wash their clothes and this water condition is
hurting his business,
City Engineer Fleming reported that after ta~lking with Mr. Tanner
and a group of the condominium residents, the City has done some addi-
tional flushing of the water lines in an attempt to remove the iron,
and has valved off all the other lines giving them a direct line from
the plant to their buildings, which has eliminated some, but not all
of the iron and a close check is being kegt on it. Further, this same
difficulty exists all over town.
6.a. Concerning a survey of lands in violation of the City's nuisance
laws, presented by the City Manager, Mr. Scheifiey moved that the City
Clerk be instructed to proceed with the enforcement of Chapter 15 of
the City Code of Ordinances, the motion being seconded by Mr. Wilson
and unanimously carried. (Copy of Nuisance Survey i~ attached to the
official co~f of these minutes.) See page 100-A-B.
6.b. The City Manager informed Council that the Community Child Care
Center, Inc. has applied for permit to solicit funds within the City
by means of letter and personal appearance of its corporate officers
before civic clubs, churches and local business groups~-, further, th~
~urpose of this solicitation is to raise funds for the Care Center's
Pilot Project opening in September and will be conducted d~ring the'
two week period from July 1st through the 15th, and this solicitati°n ....
has been approved by the Sol. icitations Committee.
During comments on this project, Mr..Youngblood said that the First
~aptist Church and the Presbyterian Church will permit their educational
fbcilities to be used for this Pilot Project and will work jointly with
...... .%~he Community Child Care Center group providing iti will pass the. County
Health inspection and that en6Ugh money can be collected to operate"
with.
Councilmen YoUngblood and~ Wilson are both members of this Community
Child Care Center, Inc. following disuussion' Mr. Scheifley moved that
permission be granted for said solicitation of funds. The motion was
seconded by Mr. Pitts and carried unanimously.
7.a. Regarding abandonment of a.i'~portton of an unused .easement, City
Clerk Worthing 'informed COuncil that in 1961, dedications of land, for
right-of-way purposes ~esired by ~-~he City, were obtained without charg~
from six property owners indicated'.on a sketch furnished Council with
Agenda and were obtained for the~puFpose of a northerly projection of
N. W. 1st Avenue extending northerly from N. W. 9th Street for a dis-
tance of a~proximately 500 feet., 'the northernmost property provided
~.2 - 6-9 -69
additional lend in order that the City could construct a cul-de-sac at
that point permitting utility trucks to serve those properties from
N. W.' 9th street. Further, more land was made available to the City,
at thai time, through the cooperation of the northernmost lot owner
than was needed for construction of the cul-de'sac. That parcel has
since changed ownership and the present owners have requested the
return of the unused portion. The City Engineer and Director of Public
Utilities concur in the recommendation that execution, by the proper
~ity officials, of a Quit-Claim Deed be authorized, such deed affecting
abandonment of that unused portion.
The City Manager informed Council that at the time of sewer line
installation this portion of N. W. 1st Avenue, provision was made for
the two houses lying north of the cul-de-sac and fronting on N. W. llth
Street to' tie into said line,, and recommended, that if said abandonment
is granted that it be subject to a recheck by Mr. christison and Mr.
Fleming of that one pa=ticular provision, in the event that an easement
needs to be retained.
Mr. Wilson moved that s.aid petition for abandonment be granted sub,
ject to the condition outlined by City Manager Gatchel, the motion
being seconded by Mr. Youngblood and unanimously carried.
8.a? City Clerk Worthing presented I~ESOLI3TION NO. 28-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF D~LRAY
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 UPO~ SAIDi PI~OPERTY IN AN. AMOUNT AS SHOWN By RE-
PORT. OF THE ..CITY MANAGER. .. ~ OF DELRAY BEACH, FLORIDA.
(Copy of Res01ution. NO. 28~69 .and~ acc0mpanyi~g assessments are
attached to the official Copy.of. these minutes,) See pages
ReS0iution No.. 28-69 was ..unanimously~ ..paseed and, adopted :0n.,.,this .
first and final reading, on.motion bY Mr. Scheifley and. seconded, by
Mr. Wilson~
8.b. The City Clerk presented ORDINANCE NO. 21-69 ....
AN ORDINANCE OF THE CITY couNcI~ OF THE CITY OF
DELRAY BEACH, FLOtlI~A,- ANN.~XING TO THE~ ~IT~, OF ~
DKLRAY BEACH, CERTAIN LANDS LOCATED IN SECTIONS
18 ~an~d 19, TOWNSHIP 46. SOUTH, RANGE 43 EAST., .WHICH
LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS
OF SAID CITY~ REDEFINING THE*.~0.UNDARIES OF SAID
CITY TO INCLUDE SAID LANDS~ PROVIDING FOR THE
-.RIGHTS AND OBLIGATIONS. OF SAID LA/~DS~ AND PROVIDING
FOR THE ZONING THEREOF .....
City Clerk Worthing reported that,.this Ordinance, providing for/
annexation, of 126 acres, more Or..less, .1y!ng between West Atlanti~' -
Avenue and' Lowson B~ulevard, adjace, nt,.to, and west of Homewood Boulevard,
was deferred, at the last.regular meeting, for f~nal consideration in
order to provide for proper and legal advertisement of a "change in
substance;' concerning Classification'of the pro~ert¥ proposed to be
annexed,, which zoning differed appreci, ably from 2hat originally
pet£tioned~ further, subject to Council adoption of this ordinance,
this ~ract of land shall be pla~ed in EM-2 Zoning Dis:trict EXCEPT that
the East i00 fee2 6f the North 2,!71.38-feet there6f.'be placed in R-1AA
classification as agreed upon by the Planning and Zoning Board a~d the
annexation petitioner.
During a legally advertised Public Hearing on said Ordinance, resi-
dents, living east of HomewoOd Boulevard requested that the R-1AA
zoned property be 150 feet in depth r.a~er 'than 100 feet to which Mr.
L. O. Paterson, representing the petitioner, agreed.
-3- 6-9~69 -
Following lengthy discussion, .Mr. Wilson moved that Ordinance No.
21-69 be passe~ and adopted on this final rea~ing, except that the
East 150 feet of the North 2,171.38 feet thereof be placed in R-1AA
classification, the motion being seconded by Mr. Youngblood and
unanimously carried. (Copy of Ordinance ~o. 21-69, as amended, is.
attached to the.official copy of these mind, res.) See pagesll00-E-F.
8.c. City Clerk Worthing presented ORDIN~U~ NO. 24-69.
AN ORDINANCE OF THE CITY CGUb~CIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEX.~G TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NA.~ELY LOT 65, DELRAY
BEACH SHORES, WHICH LAND IS COS~TIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OP SAID CITY; REDEFI~I):~G THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LA~':D; PRO-
VIDING FOR THE ZONING THEREOF.
1024 Lewis Cove
Ordinance No. 24-69 was unanimously placed on first reading, on
motion by Mr. Scheifley and seconded by Mr. Wilson.
8.d. The City Clerk presented ORDINANCE NO. 25-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, LOTS I THROUGH 44 INCLUSIVE, BLOCK
18; LOTS 1 THROUGH 44 INCLUSIVE, BLOCK 19-; LOTS
i THROUGH 7 INCLUSIVE AND LOTS 10 TBROUGH 20 IN~
CL~SIVE, BLOCK 1, DEL-RATON PARK SUBDIVISION,
AND ALL EXISTING ALLEYWAYS THEREIN, ALSO THOSE
PORTIONS OF AVENUE "A", "B", AND "C", RUNNING
WESTERLY FROM STATE ROAD NO. 5 (DEL-RATON BLVD. ).,
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 PRO-
VIDING FOR THE ZONING THEREOF.
Ordinance No. 25-69 was unanimously placed on first reading, also
referred to the Planning and Zoning Board for reconuuendation concern~
ing the requested C-2 Zoning, on motion by Mr. Scheifley and seconde~
by Mr. Wilson.
9. e. City Clerk worthing presented ORDINANCE NO. 26-69.
AN ORDINANCE OE THE CITY COUNCIL OF THE CITY OF
DELEAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, LOTS 8 AND 9, BLOCK 1, DEL-RATON
PARK SUBDIVISION, WHICH LANDS ARE CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LANDS ~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LANDS ~ AND PROVIDING FOR THE ZONING
THEREOF.
Ordinance No. 26-69 was unanimously placed on first reading, als°
re~erred to the Planning and Zoning Board for recommendation concern-
~ng the requested C-2 Zoning, on motion by Mr. Scheifley and. seconded
by Mr. Wilson.
9.a. The ~ity Clerk read the following Planning and Zoning Board
~ort, dated June 3, 1969,. relative to Plaza Develo~maent.
"At a special meeting O~ the Planning & ~oning Board held at 8=15
A'o~. on June 3rd, 1969, the Board unanimously adopted the following
definition of 'plaza development', and recommends'.~that, said definition
-4- 6-9-69
be put into ordinance form to be added to the Zoning Ordinances of the
City of Delray Beach~
Plaza-Development. A limited commercial development wholly
contained.within a large multiple dwelling structure, subject
to the following provisions:
(a) The structure be of sufficient size tO support the
commercial development therein, and
(b) Such commer¢ia! development will be strictly
incidental to the rec/uirements of the residents
of said structure, ~nd
(c) No display or advertising visible to the general
public will be permitted.
The Board is currently preparing a propoaed 'planned united develop~
ment' ordinance for your consider~ation,"
Following discussion of the Plaza Devel, opment definition, this
~tem was unanimously referred back to the Planning and Zoning
toge%her with the City Attorney, for revision a~d rewritiDg, on motion
by Mr. Wilso~ and seconded by. Mr, Scheifley.
9.b. City Clerk Worthing read the following ParkLng and Traffic ~om-
mittee meeting minutes of May 27, 1969:
"Concernin~ the Florida East Coast ~ilway proposal tO lease $~ the
City a parking area. and a roadway, .it was moved by Mr. Kabler to refer
the matter to the City E~gineer for a feasibility study.. S~Conded by
Mr. G~nt and carried. I~ was recommended that the study take into
consideration ~he ~st. o~f.developing the parking area, the close ~rox-
imity of the municipal parking lot, the repair and maintenance of. the
roadway and the undesirable location of th~ crossing gates at 1st and
2nd Streets..
Based.on a previous s%~ggestion.by the Committee,. Mr. Gent moved to
recommend the City make every effort to acquire the south 59.4 feet of
Ocean Beach Lot 24 (148 South OCean Boulevard) to provide critically
needed, beach parking and for wideningl Ingraham Avenue from Gteason
to A1A; Motion seconded by Mr. Kabler and carried.~
. In reviewing the master traffic plan .ac. proposed by.the Committee,
it was %lnan~mousky agreed that the'one most important ite~ is the
ing of S. E. 1st StFeet across the Florida East Coast Railroad, and on
motion by Mr. Kabler, it is recommended that the City Council initiate
l~lans to accomplish this project prior to the return of our winter
Visitors this fall. Seconded by Mr. Ellingsworth and'carried.
Following discussion of the proposed 1-95, South 12th Street, and
A1A, it is recommended that the necessary funds for a professional
traffic plan study be provided in the next budget. Moved by Mr. Gent,
seconded by Mr. Kabler and carried."
It was determined ~hat .this report should be discussed at a work-
shop meeting in the near future.
lO.b. Mr. I~ W. Kresser, 234 N. E. 17th Street, made various state-
ments and comments regarding-construction, failure, repair, costs, etc.
of the beach revetment.
10.b. Rev. Semmie Taylor asked if State Road A1A is ~he responsibili%y
of the State, and was informed that the maintenance of said road is the
responsibility of the State.
10.b. Rev. Taylor me~tioned the moving of unaesirable~ houses from one
area tO another .in the City, and asked if there is an ordinance which
would prohibit that and protect an area .from becoming a slum area?
The Acting City Attorney said there is a minimum housing ordinance
which sets forth the'minimum safety factors, but doesn't control the
aesthetic factor.
Mr. Youngblood reported tha't he had been approache~ by several
residents of the western section of town with~omplain~s of undesirable
-5- ~ 6-9-69
HoUses being moved next to their homes, and asked ~ ~,there i~ .any way
to s~OP that practice.
~Uncil asked that the City Attorney be instructed to look ~nto the
o=d~nance governing the ~v~g of buildings for a ~ss~ble solut~n
that probl~.
10.b. Rev. Taylor c~ented a~ l~gth on the working ~nditions, etc~
of s~e of the City ~pIoyees, pa=ticularly the garbage depar~t,
'~d also ~ented on the wage s~tuation, and lair furnished by an
~ndepenaent contractor.
Mayor Saunders and C~ty M~ager Gatchel co~ted on the wage
sch~ule, and ~ere the ~ney may be obtained if the re~rt of the
Frank C. Brown Company ~nd~cates a raise ~n wages when said re~rt
received a~ut the m~dle of JULY.
lO.b. C~ty M~ager Gatc~el read an AG~NT between ~e City of
Delray Beach and B. & S. Farm Manag~t ~rporation, dated May 16,
1969, concerning la, rets furnished by that Cor~rat~on to the C~ty.
(Copy of ea~ AGRSE~ is a~tached to the official co~ of these
minutes.) See pages 100-G-I.
~e City Manager explained conditions an~ detail leading up' to the
preparation of th~s Ag~e~ent~ ~ich has not ye~ been signed.
A Council works~p meeting for d~scuss~on of this Agre~ent was
scheduled fo= 9~00 A.M., Tu~day, J~e 10, 1969.
~.b. A ~uncil workshop meeting was scheduled for 8 ~ 00 P.M., Wed-
nes~ay, J~e 11, 1969-fo= consideration of vacuous it,s.
~b. City C~erk Worth~ng re, fred that at the last Council meeting,
~action on Ordinance No. 23-69 con~erning ~nexation of Block 8, Del-
Raton Park had been deferred, and that Ordinance d~d not appear on the
Agenda for ~n~t due ~ t~e fac~ that the petition for annexation has
~en w~thdra~.
lO.b. Regara~g a re,est for Sp~ial Exception in ~-~ zoning Dis-
trout o~ that part of the North 300 feet of South 1600 feet of the
~rth half of Section 28-46-43 lying Bast of State Road A1A, by the
Delray Beach.Cl~, ~nc., C~ty Clerk Wor~ng presented the ~ollow~ng
Planning and zoning Boar~ report ~ated June 9, 1969t
"At a public hear~ before the Pl~niag and ~ning Board held at
Bt00 A.M. on June 9~h,~'' 19~9, ~n the C~ty Council ch~bers, a s~te
was pr~s~te~ for the ~lraY~ Beach Club conta~ning a =estaur~t an~
lounge fac~lit~es fOr the m~ers.
The Bo~d un~ously rec~nds that City council approve the
~ncluding approval for the future cabanas, as sho~ on the p~ans, w~th
~e Provis~on that the ~t~t~oner ~mit plus for planting to be
prove~ ~ the D~recto= of Planning, Zoning and Inspection."
The Cocci1 unan~ously sustained ~he reco~endat~on of the P~a~ing
and Zoning Board, on motion ~ ~. W~lson and seconded ~ ~. P~tts.
10.b. ~. P~t~ moved that the City h~re, at the earliest ~ss~ble
t~e, a competent, disinterested, ~draulic Engineer to r~i~ the
beth =eyelet progr~.
~. Schief~ said that on the basis that Council has been assured
the City c~ l~ve w~th that ~d ~ ~uld not be bagful ~n' ~y way to
certain things that are p~ding, he would second the ~tion.
Following d~ecuss~on, and u~n uall of ro11, ~. Pitts and ~.
Scheifley voted ~n favor of the motion and ~. w~lson, ~. Youngblood
~d Mayor Saunters were opposed. The ~t~on d~d not car~.
10.c. C~ty Clerk Worth~ng presented B~lls for A~proval as foll~s~
General FUn6 $91, ~19 · 21
Water O~a~ng a ~int~~ Fund 7,547.74
-6- 6-9-69
Special Assessment Fund $ 6,000.00
Refundable Deposits Fund 10o000.00
Utilities Tax Revenue F~d ~ 1,550.00
Cigarette Tax Fund ?,522,00
Sewer Construction LoaA F~ ~st
Federal Savings & Loan,I As so ~:~£on 'of Miami 13,603.76
The bills were unanimOus~-]~ approved for payment, on motion by Mr.
¥oungblood and seconded, by Mr. Wilson.
The'meeting adjourned at 10=20 P.M.
R. D. WORTHING
City Clerk
APPROVED: ~J/'~ /~") ,
~ ~-~-7 ,'~~,,,~- ~, ~,,,,
6-,9 -69
100-A
PROPERTIES IN VIO~ATION OF ORDINANCE NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
. ,,. CITY
OWNER AND ADDRESS PROPERTY DESCRIPTION CODE
1. Larlah Sands! Essie Green! East 46.66 feet of West 15-3
virginia,William, Jr., 401.66 feet of South
Cornelious, Evelyn; Thomas 105 feet of North 130 15-4
& Walter Robinson feet of Lot I and East
317 N. W. lst'Street 46.66 feet of West 2.11.66
DelraY Beach, Florida 33444 feet of South 105 feet of
North 130 feet .of Lot 1, llF3.'&l 1P14)
Section 20-46-43. (632 S.W. 4th St.)
~. Mary Angus Mullen · Lots 6 and 7, Block 2, . ·
15-
Bass River L~ke VieW' Heights.
Cape Cod, Massachusetts 02664 (706-710 N. W. 1st Avenue)
3. Metropolitan Trust, Inc. South 24.7 feet of Lot 13 & 15-4
955 S. 3rd Street Lots 14, 15 & 16, Block 53.
Louisville, Kentucky 40203 (24 S. W. 1st Avenue)
4. Kenneth E. & Marion E. Penny That part. lying East of 15-3
206 Mallard Drive Railway less South 150
Delray Beach, Florida 33444 feet, Block 80.. 15-4
(380 S. E. '2nd Avenue)
5~ Ethel S. & Faith S. Williams East % of NE% of NE~ of NE~4 15-3
P. O. Box 338 less State Road Right-of-way
Delray Beach, Florida 33444 Sectional9-46-43. (1) 15-4
(1701. S. W. 6th'Street)
6. William G. Craig West 125 feet of South 33
P. O. Box 187 feet of NE% of Lot 11,
Sharon, Pennsylvania 16146 Section 8-46-43. ~11D) 15-4
(531 N. W. 2nd Avenue)
7. Joseph G. Rose, Jr. North 100 feet of West 332.3 15-4
414 N. E. 6th Avenue feet of SE% of Lot 11, less
Delra¥ Beach, Florida 33444 North 17 feet of East 207.3'
feet and less East 25 foot
R/W, Section 8-46-43. (11F)
(528 N. W. 1st Avenue)
8. Harry Warren & Elsa F. Bond West 80 feet of South 100 15~4
406 E. Ridge Village Drive feet of North 200 feet of
Miami, Florida 33157 SW¼ Of E½ of Lot 11, Sec-
tion 8-46-43. (llJ)
(520 N. W. 1st Avenue)
9. Harry Warren & Elsa F. Bond SW~ of E½ of Lot 11, less 15-3
406 E. Ridge Village Drive North 200 feet, Section
Miami, Florida 33157 8-46-43. (llH) 15-4
(518 N. W. 1st Avenue)
10, Walter J. Seymour West 300 ~eet of South 100 15-4
22 Sabal Island Dr~ve feet of NOrth 200 feet of
Delray Beach, Florida 33444 East ½ of Lot 12, Section
8-46-43. (12C)
~ ', 6-9-69
iO0-B
9age 2. Nuisance. List.
OWNB~j ,~A~,D ADDRESS '... PROPBRTY DESCRIPTION CODE
11. Charles W. Cartwright South 50 feet of North 15-3
34 S. W. 8th Avenue 195 feet of East 147 feet &
Delray Beach, Florida 33444 of Lot 9, Section 17-46-43, 15-4
(16 S. w. 8th Avenue) (10)
12. Tomm£e James Godard Vacant part of Lot 27, 15-3
38 S. W. 10th Avenue Block 8, Atlantic Gardens. &
Delray Beach, Florida 33444 (38 $. W. 10th Avenue) 15-4
Violations 15-3 and 15-4 as concerns this report are as follow:
1. 15-3 '- Debris, old lumber and junk car parts
15-4 - weeds
2. 15-4 - Weeds and undergrowth
3. 15-4 - Heavy undergrowth
4. 15-3 ~ Debris
15-4 - Weeds and undergrowth
5. 15~3 - Debris
15-4 - Weeds and heavy undergrowth
6. 15-4 - Weeds and heaV~ undergrowth
7. 15-4 - Heavy u~dergrowth
8. 15-4 - Heavy under~=~wth.'
9. 15,3 - Garden trash an& tree limbs
15-4 - Undergrowth
10. 15~4 - Weeds and undergrowth
i17 15-3 - Debris
15-4 -Weeds and undergrowth
12. 15-3 - O1~ lumber and debris
15-4 - Weeds and undergrowth
Submitted 'to the City Council by the City Manager on
this the 9th day'of June, 1969.
R~SOLU'~'~ON NO. 28-69. 100-C
C
A RE$OI,U~i'ON O1~' T~ CZ~ ~CI~ OF
B~,. F~RIDA, AS~SS~ COSTS ~R ABA~X~ ~SAN~S
O~ A~ COSTS ~N~SD- BY ~ZD
OF ~ID ~~ES, A~ DEC~~
LIEN UPON SA~ PROPERTY IN AN ~O~ AS
~RT OF ~ CI~ ~GER OF DE~Y BEA~, FLOR~A.
~~S, ~e City ~uncil of the C~ty of Delray Beach,
10th,of Februar~,[-1969 dec.re ~e e~s~nce of a nui-
sance u~on aertain ~ots o= ~a~eels oE ianO,
· m~tte~ to ~hem, Eot v~olat~on oE the ~ov~s~ons of Ordinance 0-147~
C~ty d~ fu~sh ea~ of ~e respective o~e=s of the lan~e ~esar~
in sa~d l~st w~h a not~ae ~esar~b~ng the ~ure of ~e nu~sanae and
~at ~ey must abate sa~d~ nu~nce w~thin thirty (30) days', fa~l~ng
in ~ich ~e City Council ~uld have it done, and the ~st thereof
~uld be levied as an assessment against said property~.:and
~AS, the o~ers herei~ftez named did fail and neglect
abate ~e nuisance existing upon ~heir res~ctive lands w~in the
ti~ prescri~d in said notioe and Ordinance G-147, and the City of
~lray Beach was re~ired to and did enter u~n the. following '~lands.
and incur costs in abating the nuisance existing ~ereon as
in the aforesat~ list; and
~AS, the City ~nager of the City of ~lray ~ach, ~, pur-
suant to said Ordinance G-1~7 and ~e City ~arter s~m~ttea to the
City Co~c~l a report of ~e costs incurred in aba~ng the nuisance
as aforesaid, Sa~d' report indicating ~e costs per parcel of land
involved. ..
NOW, ~O~, BE ~ ~SOL~D BY T~ CITY ~C~ OF T~ CITY
OF DE~Y B~, F~R~A, ~ FOLLOWS:
1. ~at assessments in ~e indiv~d~l a~unts as Sh~ by the
report of ~e 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 described in said re~rt, a Copy of ~ich is attached
hereto and made a part hereof, are levied against the Parcels of land
descried on said report and in the a~unts ind~ca~ ~ereon. Said'
assessments so l~ied s~ll be a lien up~ the res~ct~ve lots and
parcels of land:.de~ribed in said re~rt, of the same nature a~ ~o
the same extent as ~e lien for general city taxes and shall be col-
lectible in ~e same ~nner and with the same penalties and under
sa~ provisions as to sale and foreclosure as city taxes are collect-
2. ~at the City Clerk of said City s~11, as s~n as ~ssible
after the effective date, record a certified copy of this resolution
in the office of the Clerk of the Circuit Co~t in and for Palm Beach
County, Florida and shall furnish to each of ~e o~ers na~4 ~n and
u~n said re~rt a notice ~at ~e City Council of ~e City of Delray
~ach, did, o. t~ !3_~h of January a~d 1Qtb_0f ~bruarv., ~.!96.9
order ~e abate~nt of a certain nuisance existing on ~eir described
property and pro~rty o~er having failed to abate such nuisance,
within the 30 day ~riod, ~ereupon it was abated by the City at eosts
sho~ in said report and such assessments shall be legal, valid and
binding obli~t~ons u~n the property against which said assessments
are levied. ~is resolution shall become effective 30 days from the
date of adoption, and the assessments contained herein sha~l ~come
due and pa~ble thirty days after th9 ~iling date of the notice of
sa~d assessment, after which inherest s~11 accrue at ~e rate of 6~
per annum on any ~pa~d ~rtion thereof.
PASS~ ~ ~OPTED in re~ular~ session on the _~9th day of
June , A.D. 1~9
A~E~: /S/ j. L. Saunders
/S/ R. D. Worthinc
iO0-D
COST OF ABATING NUISANCES UNDER ORDINANCE NO. G-147.
PROPERTY DESCRIPTION ..... OWNER ~..:: ......... ..~ ........ ASSESSMENT
January 13, 1969 list.
Ocean Beach Lot 25. Bayview Limited $106.00
South 50 feet of North 150 feet Annie Williams,
of West 135 feet of South half Annie Grace Russeli&
of Block 22. Edith Russell ..... $ 38.00
February 10, 1969 list.
Lot 2, Block 2, Fenno. Alex RUmlin $ 25.00
North 100 feet of East 135 feet Rosa Campbell
of Block 14. Estate $ 45.00
North 155 feet of South 250 fee~ Charles W. & Francenia
of East half of Block 20. G. Patrick, Jr. $ 85.00
Lot 6, Block C, West Side Heights. Willie & DorOthy
Gregory $ 38.00
iO0-E
ORDINANCE NO. 21-69.
AN ORDINANCE' OF THE CItY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, CERTAIN LANDS LOCATED ~N SECTIONS
18 and 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH
LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS
OF SAID CITY; REDEFINING THE BOUliDARIES..OF SAID
CITY 'TO INCLUDE SAID LANDS; PROVIDING FOR' THE
RIGHTS AND OBLIGATIONS OF SAiD LANDS: AND PROVID-
ING FOR THE ZONING THEREOF.
WHEREAS, ZORN ENTERPRISES, INC. is the fee simple Owner
of the Property hereinafter described, and
WHEREAS, ZOP, N ENTERPRISES,..INC., by its Petition, has con-
sented and given permission for the annexation of said property
by the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been au-
thorized to annex lands in accordance with Section 185,1 of the
City Charter of said City granted to it by the State of Plorida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH~ FLORIDA, AS FOLLOWs..
SECTION 1. That the City Council 'of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City
the following describe~l tract of land located in Palm Beach
County, Florida, which lies contiguous to said City, to-wit:
Starting at a point where the South right-of-way
line of Atlantic Avenue (State Road 806) inter-
sects with the West right-of-way of HomewoOd
Boulevard; thence running Westerly along said-
South right-of-way line of Atlantic Avenue (State
Road 806), a distance of 1,306.79 feet, to an
intersection with a line 50.0 feet East of, as
measured at right angles, and parallel with the
West line of Section 18-46-43, thence Southerly
along a line parallel to, and 50.0 feet EaSt of,
the West line of Sections 18 and 19 for a distance
of 4,221.40 feet to point of intersection with the
North right-of-way line of Lowson Boulevard; thence
Easterly along said North R/W line of Lowson Boule-
vard for a distance of 1,350~71 feet to point of
intersection with the West right-of-way line of
Homewood Boulevard; thence Northerly, along said
Westerly R/W line of Homewood Boulevard for a
distance of 4,353~23 feet m/1 to point of inter-
section with the South right-of-way line of Atlantic
Avenue (State Road 806) LESS the South one hundred
ninety (190) feet of hereinabove described tract of land.
A part of this above described property is in Sec-
tion 18-46-43, and the remaining part is in Section
19-46-43. Palra Beach County, Florida.
SECTION 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein
the above described tract of land and said land is hereby de-
clared to be within the corporate limits of the City of Delray
Beach, Florida.
iO0-F
Page 2. Ordinance No. 21-69.
SECTION 3. That the East 15~ feet of that portion of
land hereinabove described lying within Section 18-46-43,
and the East 100 feet of the North 671'.35 feet of that por-
tion of la~d hereinabove described lying within Section
19-46-43', is hereby declared to be in Zoning District R-1AA
and the balance of 'said tract of land described in Section
1 above shall be placed in Zoning District RMv2, as defined
by existing ordinances of the City. of Delray Beach, Florida.
SECTION 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privi-
leges, immunities, debts, obligations, liabilities, ordinances
and laws to which lands in the City of Delray Beach are now or
may be, and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence
or part of this ordinance shall be declared illegal by a
court of competent jurisdiction, such record of illegality
shall .in no 'way affect the remaining portion.
PASSED in regular session on the second and final reading
o~,~the 9th day of June , ,1969,
/S/ J. L. Saunders
ATTE ST:
/S/ R. D. W0r._thing~ City Clerk
First Reading _ ADri! 14,,196.9_
Second Reading JUne 9~. !'969
' ' ..... 1' 100-G
AGREEMENT
THIS AGREEMENT made and entered into this 16th day of
May, 1969, by and between B & S FARM MANAGEMENT CORPORATION, a
Florida corporation, Party of ~he First Part, hereinafter called
"Corporation"., and the CITY OF DELRAY BEACH, Florida, a Florida
municipal corporation, Party of the Second Part, hereinafter
'Called "City";
WITNESSETH:
That for and in consideration of the covenants and
agreement of the Corporation and City hereinafter contained, ,the
Corporation hereby agrees to hire and let to the City for the
term ending the 31st day of December, 1969, the labor and ser-
vices of 20 'men each day of the week except Saturdays, Sundays
and legal holidays, with the privilege of as 'many more as may
'mutually be agreed upon. Such men to be wha= are generally de-
nominated able-bodied 'men, to be used by the City as laborer~ in
the operation of the City.
1. Corporation shall be paid as follows, based on man-
hours worked:
Rate of pay:
Laborer I $1.72 per hour
Refuse Collector 1.81 per hour
Equipment Operator I 1.90 per hour
Refuse Collection Driver',, 2.09 per hour
To the total direct labor charge, based on the rate of pay, will
be added the following:
Social Security 4.8 %
Workmen's Compensation 4.0 %
Unemployment Compensation 3.1%
Supervision 10.0 %
To this the City will also pay $1.00 per day per 'man to cover cost
of transportation to and from the City barn. Payment will be made
. . ,~each Friday, based on hours worked fro'm the preceding Friday through
Thursday. In the event the City changes the schedule of rate
of pay for City employees, the "Rate of pay" above will be ad-
justed to the new rate where applicable. Corporation will file
IRS Form 941 and will prepare and distribute to the individual
men their IRS.W-2 Form.
2. The daily tasks to be performed by the men are to
be fixed by the Corporation and the City by mutual agreement.
3. If for any cause, there should be a deficiency in
the number of 'men available for labor and thereby the Corporation
shall be unable to furnish the City with the labor of the full
number of men called for herein, then the City may accept and pay
for the labor of only such men as are actually furnished to it,
or refuse to accept any.
4. City may terminate the use of any 'man furnished
hereunder for incompetency, drunkenness, insubordination or any
other reason for which the man is unsatisfactory in the opinion
of the City.
5. This agreement shall not be assignable in any
manner.
6. This agreement 'may be voluntarily terminated by
either party upon the giving of three weeks' notice by registered
mail to the 6ther party. The three weeks shall commence to run
from date of mailing.
7. Corporation agrees to carry sufficient workmen's
compensation, public liability and property damage insurance.
Proper certificates certifying to the issuance of such insurance
sha~l be furnished by Corporation to the City and said certifi-
cates shall contain proper clauses providing for ample and suf-
ficient notice to the City of any cancellation thereof.
8. Corporation agrees to hold City harmless from any
suits or actions brought against the City for any of the men'
-2-
lOO-
furnishes under this agreement.
9. Corporation's individual payroll records may be
inspected by City.
10. The City further agrees to keep a current and
accurate account of the number of hours worked per day by the
'men and on Friday of each week, to furnish a statement of the
total number of days worked by each man to Corporation from
the preceding Friday through Thursday.
DATED at Delray Beach, Palm Beach County, Florida,
the day and year first above written.
B & S FARM MANAGEMENT CORPORATION
Maria C. Bruno, President
CITY OF DELRAY BEACH, FLORIDA
David M; Gatchel, City Manager
(SEAL)
-3-
100-1
BOARD OF EQUALIZATION
JUNE 9, 10, & 11, 1969.
The BOARD OF EQUALIZATION for the City of Delray Beach, Palm Beach
County, Florida, convened at 10:00 A.M., on Monday, June 9, 1969,' in the
Council Chambers at the City Hall in compliance with Section 86, Article
XVI of the City Charter, following local newspaper Public Notice of such
Annual Meeting to be held having been provided in accordance with Charter
provision contained in said Section 86.
Mr. R. D. Worthing, Tax Assessor, informed the Board of Equalization
that he was unable to present the recap and supporting information of the
1969 tax assessed valuations today due to the late receipt of homestead
exemptions from the Palm Beach County Tax Assessors office but that he
would present a tentative tax roll tomorrow.
Mayor J. L. Saunders acted as Chairman of the Board of Equalization
meeting and all Councilmen, J. L. Pitts, III, James H. Scheifley, James
B. Wilson and O. F. Youngblood, were present.
There being no requests to appear before the Board of Equalization
today, the meeting was adjourned at 10:15 A.M., until 10:00 A.M., Tuesday,
June 10th.
JUNE. '10, .1969.
The Board of Equalization reconvened at 10:25 A.M., Tuesday, June 10th.
Mr. Milton J. Strong appeared before the Board and questioned the
assessed
valuation
placed on his following two parcels of property.
Lots 15 and 16, Block 81, and
Lots 7 & 8, Block 91.
Following lengthy discussion, and explanation of how the assessed
valuation of property is arrived at, taking into consideration the corner.
factor, depth factor, etc., and that the property is assessed equitably
with similar properties, Tax Assessor Worthing's assessed valuation of
said properties was unanimously approved.
Tax Assessor Worthing presented the Board of Equalization with a
recap and .supporting information of the 1969 assessed valuations, and
explained the report in detail. He rep6rted a loss of personal property
valuation due to the 1969 State Legislature exempting from all ad valorem
taxation the personal property of people residing in the area; also, a re,
duction in personal property value as a result of the inventory valuation
of business being assessed at only 25 per cent of its value.
There being no other requests to appear before the Board, the meeting
adjourned at 11:20 A.M., until 1:00 P.M., Wednesday, June 11, 1969.
JUNE llt. 1969.
The Board of Equalization reconvened at 1:00 P.M., Wednesday, June 11,
1969.
During discussion the Tax Assessor informed the Board that applications
for homestead exemptions would be accepted by the County Tax Assessor from
owners of condominium and Co-op'apartments until July llth.
The tentative Tax Assessment R611 f~r 1969, was unanimously accepted
and so certified to the Tax Assessor, it having been 'determined equalized
and equitable, on motion by Mr. Wilson and seconded by Mr. Youngblood.
The BOARD OF EQUALIZATION meeting adjourned at .1:30 P.M.
City Clerk