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06-10-68 JUNE 10, 1968. ! A regular m~etLng of the City Council of DeLray Beach was held in the Council Chamber~ at. 8~00 P.M., with Mayor J. L. Sau~ders' in the Chair, City Ma/lager David M. Gatchel, City Attorney John Ross Adams, and Councilmen Ja~es H. Jurney, LeRoy W. Merritt, Jalaes B. Wilson and O. F. Youngblood being present. 1. An opening prayer was delivered by the Rev. Donald Waldron. 2, The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes off the regular Council meeting of May 27th and special meeting of June 3rd, 1968, were unanimously approved, on motion by Mr. Merritt and ~econded by Mr. Youngblood. 47 City Clerk Worthing read letters addressed to Mayor J. L. S.aunders protesting construction of the proposed Q~al£ty court Motel on East Atlantic Avenue, from the following peoplet Mrs. Ernest Burgess, Island Drive Mrs. Alden L. Painter, 1012 North Vista Del Mar Drive Mrs. Forrest C. Lattner, 402 North Ocean Boulevard Mrs. John Berdan, 1230 Seaspray~ Avenu9 .,Mr. C. Theron Van Dusen, 800 North Ocean Boulevard Mr. Ben~J;~..a.m. !n Foster, 40.2 V~.netL&n Drive . . . Mrs. Regina'~d ~B. Btgha~' 9i'O'~eia'~uc'a aoad .... 5. Mr, jU'rney referred to th~ letter's ~ust r~ad C0ncer~ing~ th~ pro~. posed Quality Court, and commented on the parking Situation Sn that area. He said he felt the parking problem is so great that the Council and Plann.ing. and Zoning Board should call an emergency, meet£ng, to try to arrive at some clear and concise planning as to the intent of those developers. He asked if the City Manager could set up such a meeting with ,the. Planning and Zoning Board so 'that the parking pr0bleims of tl{e City could be considered. 5. Mr. Jurn.ey reported ,receipt of a call' fr°m ' Mr. Hardin oi T~Pfc Palms SubdivLsion 'regarding ~he bad c~ndition' of the city in particularly on'week ends.. He asked if th{s~matter could be gated. 5. Mayor Saunders asked 'that the City Manager give a p~ogr'ess report -on iehat is being done about the requests received at the last two Council meetings from different groups from the western sector of the  City. The City Manager said the A~migistration h~s not as yet completed the full analysis, of the numerous reqtiests made in the presentation by the Christian Movement for Civic ActiOn. · Concerning the request ~or ~. ~u~mer j.0bs for the youth of the City~ he reported that, '.pursuant to: coUn~il'~'instruc~ion, he had.. been in close contact witch the Executive' Secretary o~ the chamber of Commerce, and formally ~ecl~ested by letter, that the Board of Directors of the .Chamber of Commerce consider the counci!'s interest in this m&tte~, and.t° '.con- sider the possibility of the Chamber acting as-a Clearing house, coor- dinatbr or a placement bureau, for all available summertime Jobs~ and all applicants for the jObs~' He .sa'{d the 'Board of' Directors met last. week with CounCilman Wilso, n present, as a representative from the Coun- cil, and asked that Mr. Wilson report on the. resuI~ts of that meeting.. Mr.-Wilson reported that the. Cham~.r o.f Commerce Board of Direc- tors voted unanimously to sponsor and also~ Support the youth employment program, and read the draft of a letter that will be mailed this week to approximately 480 members o.f the chamber, explaining Said program- and asking their support and partiCipation in the program, It .was re- ported that the League of women Voters will assist 2he Chamber of Corn- -l- 6-10-68 merce with the program and Mrs... Phyllis Plume of that organization will be co-chairman of the Committee~ further, the press will give their whole-hearted and active cooP~ratiOn to the program, Mayor Saunders expressed his' appreciation. to ~-the Chamber of Com- merce and others for their "interest in this 'PrOgram,. Concerning pay raises, the' City Manager ~r~por~ed as follows: "I- tem No. two has to .do with pay raises. Of course we 'had. previously stated, and this being at Council direction, that such consideration of a revamping and an updating of the job classification and pay scales were in the making now and of course would be a very integral part of .. the budget for th'is coming year. This is nothing out of the' ordinary, this goes on year after year, but in addition thereto, at Council direction, here again is an updating of the now quite obsolete document that we .haVe in the Administrative Code deali~ng with personnel policies and procedural matters. I would like to report to the Council that, as in the past and at your discretion, Mr. Weber, myself, and certain stenographic personnel are hard at work on this matter and this will all haPe to be'='ompleted;~' 'the.. personnel policy manual, the job clas- sification and pay scale, before the budget can ever be completed as that is a very, very importa~t part of ~it. The budget, itself, is com- posed of in excess of fifty per cent of the total in wages alone. This is proceeding quite rapidly, and' as d'i~iigent~y as'we can apply' ourselves at the present t~me." The City Man~ger said that Item No~ '3 on the ~list has tO do with police patrol and the operation of 'the Police Department. He reported that he and the Police Chief had a meeting today W~h representatives of the organization presenting ~the re~/uest and there are some of their recommendations that can and Will be taken into consideration and ap- plied as rapidly as possible, while other recommendations may take a little more time but feels this matter is of current consideration at ~he present time~ Regarding the 4th item, the field of Recreation, the City Manager said he thinks the main concern 'for additional recreational facilities is the lighting of the Temn~.. TOW~ ball field'. He presented the follow- ing memorandum from' Mr. A~fred Elliott, Director of Parks and Recreation, which was prepared: following severai weeks of intens~ve investigation: "It is recommended that the present field at Teen Town be used this summer, supplemented with night games at sterling Field starting July 1', when this field will be available on Monday, 'Tuesday,' ThurSday, and 'Saturday nights, It 'is further recommended that the lighted Pony League size field be planned for in the new budget, which becomes effecti~e~ on October 1. · This recommendation i~ made'because itwili take a min'imum of 6 weeks to construct this new field, and prob- ably longer. This would take the present field out of use When it' is ~eeded 'the most, and. the new.. field w~uld .not..be ready for use until sometime "'in. AUg~S't, when '.the baseball season is over. STEP BY STEP PROCEDURB 1. SeCur. e th9 necessary funds,:" .No funds are budgeted in ' the present Budget for a lighted ball 'field at' Teen Town. This project will be included in the '1968-69 budget request for Parks and Recreation. 2. Lay out the new field - PreSent field must be abandoned. 3. ~ar!...and[..cia¥'~f6r'~&W i_nfield, This will be soft and will take time to ~ack down'. 4. Install' sprinkler S~st~em - Time is required to get the sprinklers'-after th~iy are ordered. '' 5. W0r.k- on the. outfield'- Fill be required, then muck, and finally grass. It .Will be more~ economical to plant seed than to sod the 'entire outfield. It will require .time for the grass seed to' grow. 6. I. nstall~ ~li~hts -' Bids must be taken, and time ~st be allowed for the contractor to complete the work¥ 6-10-68 ?, ~~~~l"- ?he backstop must be moved from the property .line and rebuilt in its new location. Fencing will 'include a. chain link fence around the field, and a protective fence for players and spec- tators. 8. Parking - A paved parking area is part of the project." The City Manager reported that .there are no funds budgeted at present for a lighted ball field at Teen Town, and said project will be i~cluded in the recommendations for 1968-69 Budget requests for Parks and Recreation; further, the total present Contingency Fund would be expended, and Council would be left without any Contingency Fund for the remaining portion of this year, if this ball field construction was undertaken at this time. He explained in detail each of the eight Steps of procedure concerning construction of said ball field. Following a question by Mayor Saunders, the City Manager reported that following the last Council meeting when mention was made of a $5,000. donation for recreation, also the donation of 10 poles by Florida Power & Light Company, the Power Company had been contacted concerning donation of said poles. He said he was advised by Florida Power and Light Company that if, and when, the City has definite plans for utilization of such poles, they would be glad to discuss it at that time and if at ali possible would be glad to donate the poles directly to the City. Further, he had not heard anything more concerning the $5,000, donation.. 6.a. City Manager. Ga.~c~el said that. 'bids .for :c.onst. ruction of the sewage transmission lines and related appurtenances .in the souther, n Tropic Isle and Tropic Palms area were opened, made public, and referred to the Con- sulting Engineers on June 3rd for tabulat£on, review .and recon~endation, which is shown in the following excerpt from the Consulting Engineers' "It is recommended that'a contract be awarded to the :. . low 'bidder, Cambron Construction Company, Inc., Or!ando, Florida, for. construction of the .'SoUtheast In.t.e,~ceptor, Force Mains, Addi. tive Items and Lilt Stations'., in ..the, _ amount of .$511,402.15." (Copy of report from Russell & AXon, dated June 5, 1968, is at- tached ..to the official' cop~ of these, minutes..)see pages ~24,A~.B. Mr Youngblood asked if the cost of .$511,402.15 Would comp. lete this' entire project.. The City Manager reported, that amount woUld coml0!ete .the, construc- tion portion of the Contract, ~and informed' council that in addition_ .to the constrUction cost,~ there are Engineers' fe~s, certain Survey ';fees an.d small items of .investment the Ci'ty'-has maae ~o date,., all .b.ei~ng~ charged to the agreement' the Ci'ty has with the First Federal Sav~.ngs ~nd Loan Association of Mialhi,' and the total expenditures are wel'l within' the .aVailable-funded, · ' .. It was lx~inted ou~ that ·this installatiofl' provides the main trunk ~ine down South 'F~i~rai' Highway, but doeS'tnot~.p.rovide;, for .a Collection system, that, each deVelOper will/have .tO' provide 'a coliec~i°n system for each de.veIopment. Mr. Merritt moved'that the City accept' Cambron ConstruCtion Co., Inc. offer to construct the soUtheast Interceptor & Force Mains and Sewage Lift ·Stations, in the amount of $511~402.15;-'the motion' being seconded by Mr. Wilson and unan'imously carried. 6.b. Regarding resident supervision for constrUcti~n of .Sect'~ons I and II in the Southeast Area of Sewage WOrkS...~rojec~t No.. 5964-'8c, -the City Manager said that in co.mplian~e with~'coUncil egtablished'Po~'icy,' such supervision shou!d be provided for prior to commencement of the project, Further, .subject :to i't being .the pleasure Of Counc£! '~o -continue with the present SeWage Works ProJect'constru~tion supervision, namely, Russell & Axon~ au~horiZatiOn 'for eXecut~on by the proper C~ty offi? -3- 6-10-68 J. 14 cials of Supplemental Agreement No. 17 to so ~provide is recommended, such services to be compensated.~ ~ ..~for, .~ on a~ monthl~y~ .~ ~ · ....b~ ~ ,. .in· accordance with heretofore~accepted Rate S¢~.~.~le of' Fee~''~ for service .as set forth in Supplemental Agreement No. 15, approved by Council on February 13, 1968. Authorization for .execution of Supplemental NO. 17, to the con- tract of Russell & Axon, was unanimously approved, on motion by Mr. Youngblood and seconded by Mr. Wilson. (Copy of said Supplemental Agreement No. 17 is attached to the official copy of. these minutes. ) ag. 124c 6.c. The City Manager presented! the following request for.City's acquisition of lands for public, parking area east of the Intracoastal Waterway, dated May 24, 1968, and signed by Neil E. MacMillan' Attorney for Delray Beach National Bank: "At the last meeting Of the B. oar~ of Directors of Delray Beach National Bank, the undersigned was instructed to write you concerning the acute need for acquisition of public parking east of the Intracoastal Waterway. ~-~' As you are aware, there has.. been tremendous growth in ? this area in the past few years. More growth iS foreseen as many plans for additional 'high rise' apartments and hotels have recently been announced, some are presently under construction, and will be oocupied next season. It is respectfully .requested. that you give immediate consideration to the acquisition of adequate public parking for the business section on Atlantic Avenue, east of the Intracoastal Waterway. This business area, due to its proximity to this growth, will primarily service this tremendous expansion of populati6n in Delray Beach. If we can be of any service to you in connection with this matter, feel. free to call on Us." On motion by Mr. Jurney and seconded by Mr. Wilson, this request was unanimously referred to the Traffic and Parking Committee for their cons ideration. 6.d. The City Manager reported that at the direction of Council the City Administration had consulted with the City Engineer and with Russell & Axon, and at this time Russell & Axon, the City's Consulting Engineers, have submitted a proposal to furnish certain limited pre- liminary design plans, relating to, and being a part of, the Master Plan. Further, this proposal is actually for furnishing a collection system layout print, with pipe size, for Tropic Isle and' Tropic Palms Subdivisions, for the sum of $1,500.00, with the further understanding and agreement that as the areas develop and if Russell & Axon are employed .to prepare the construction plans for the collect'ion system, the City will be reimbursed for part, if .no~ all, of 'the $1,500.00 and believing this to. be a necessary .~.phase of the over-all Master Plan, it is recommended that Council approve acceptance of this proposal and authorize execution of Supplemental Agreement No. 18 to the Contract ~ with Russell & Axon to so provide. Mr. Merritt moved that Russell & Axons. be engaged by the City to furnish the collection system layout plan as outlined by the City Man- ager, and authorization be given for execution of said Supplemental Agreement No. 18 to ,~,~the Contract ~o.f Russell & AxonJ The motion was seconded by Mr. Wilson and carri~ed unanimously.. (Copy of said Sup- plemental Agreement No. 18 is attached to the official copy of these minutes.) See page 124-D. 6.e. ~cerning contract wi~h Dixie Asphalt Company, the City Manager said ~.~ Change Order No. 3, relative to that compfuly"s contract dated Febru~ 25, 1966, for resurfacing of City ~treets having been disturbe~ by th~ "installation of sanitary sewer construction, provides for recon- ciliation of all deletions and additions, to the original contract and . t' the final es uaate, being NO- 8, accompanying said Change Order No. 3, reflects a ~ UNDERRUN OF ~,600.88. -4- 6-10-68 llO Further, subject to council not desiring any further information con- cerning this completed project, it is =ecommended that Change Order No. 3, constituting final acceptance of this project, be approved sub- ject to all computations and other physical factors relating thereto being approved by the Director of Finance and City Engineer. Change Order No. 3, relative to Dixie Asphalt Company's Contract dated February 25, I966, was unanimously approved, on motion by Mr. Jurney and seconded by Mr. Youngblood. (Copy of~ said Change Order No. 3 is attached to the official copy of these minutes.) See pages 124-E-I. 6.f. Concerning ~oss£ble disposal of obsolete City-owned personal property, City Manager Gatchel said that believing there may be some demand for the obsolete Steel Fabricated Trusses and Columns, originally ,ac~/uired in 1963, Counc£1~s pleasure would be appreciated r~lative to D. roviding for disl~sal of this rapidly deteriorating property either 1. compliance with legal requirements in advertising terms and conditions of a sale thereof, as the result of any offer, if received~ or 2. Conducting a Public Auction ~ort-3uch disposal. Following discussion and-recommendation by the City ~a~ager ~hat I=em No. 1 condition of sale be approved, it was so moved by Mr. ~oungblood .... The motion was seconded by..Mr. Jurney and.carried unan~mous- ?.a. C~ity. Clerk Worthing informed council that. the Church 0f God bY Faith, owners of improlved property, at 338 N. W. 6th Avenue, being Lots 10 and 11, paradise Heights, request permission to erect a chemically treated, fireproof tent on the vacant land located at 104.3 ,West Atlant~e Avenue, being the northeast, corner of West Atlantic and llth Avenues. Further, Council may deny or grant this request and approval of same should be Subject to full compliance with Ordinance No. 60-66 and exist- ing regulations governing such activity, namely, approval of the Min- %sterial: . . Ass.o~at~on. , the Fire, Building and Sanitation Departments. Mr. Merritt moved'that said request be granted subject to the a~proval and compliance .of all the speci,f, iCati.ons and the time not ..to exceed, under any circ~mstances, fourteen days.. The motion~ was sec? onded by Mr. wilson and carried unanimously. 7.b. Regarding: an-'offer for dedication of land for public r.ight-of-way, City Clerk worthi, ng, re~orted to Council as follows: "Mr. and Mrs. Wright Bart have offered to dedicate, for public right-of-way purposes, a strip .of land 20 feet in width, which, in reality, is a southerly ~ro~ection of the w~st half of S. E. 7th Ave- nue, from S. E. 4th Street for a distance of a~rox~ma.,tely 212.3 feet. For more than twenty years, there has been an 'easement grant' ~o the City over this strip of land, to ~.~ovide egress and ,~n, gress,. not only to Mr, and Mrs. Bart'~,s property, but also to: ,two Other prop- ert~es, all of 'which would o,therwise be l~ndlocked. The offer..of" dedication is s~bject 'to the C~ity extend.ing..its Sewage colleCti0n line., now eXi. sting, on-~h® south side. of S. E; 4th Street right-of,way, .along said strip in order to provide for sewage facilities to the above mentioned properties. This sewage extension service can be provided by Ci. ty forces and it is recommended that such dedication ~e ac'cepted" The City Manager reporte.~, that .h.e-¢ould not give &,~t figure for extension of the sewage collection line. but assured Council that such installation would be financially feasible. 'Mr. Merritt moved .to accept' the dedication of the twenty-foot right-of-way from Mr. & Mrs. Wright Bart, the motion.being seconde~ by Mr. Wilson and unanimously carried. 7.c. City Clerk Worthing presented the folloWiag r~,e~/uest, da~ed May 27th, 1968, and signed bY comm£tteamen D~aniel T. Bart..es.,: Donnie Weatherspoon, Lonnie Carrington and Rev. M. M. Gaines:' -5- 6~0-68 ,,1 "The St..Joh'n Primitive Baptist Church woUld like to use lots one through six {1-6) and lots nineteen through twenty-three (19'23), o-f: ]~t~o~k-~ B, ~WeStside H~ights, for the constrt~ctiOn of' a.-~new church and"for use of land therewith. We understand that this property has been under a longtLme lease for past many years. NO use has' been made of the land and we-therefore would apl~reciate your con- sideration of our request." The C~ty Clerk informed Council that the above described property is under a 99-year lease, dated AUgUSt 22, 1949, entered into between the City and Lakev~ew Hospital Association, Inc., and said lease re- flects, in part, the following= "IT IS FURTHER AGREED by and between the parties hereto that in the event the above described property is nOt J~ used by the LesSee for hoSp~-tal or other related pur- poses, within two years from date, and the Lessor needs and wishes said property for a worthy civic, public or charitable purpose, then this lease may be declared terminated...by the. Lessor"~by'-.ig~ng~ not.ice Of .90'days' Of . intention to terminate said lease." It was suggested that Council may desire to defer action on this rsquest for consideration and discussion with the City Manager at the next worksho~ session scheduled by the City Manager, the motion being seCOnded by Mr. Jurney and unanimously carried. *meeting. Mr. Merritt moved that this item be deferred for consideration at a workshop 7,d. The City Clerk informed Council that Novo' Investment Corporation requests the abandonment of the south 152.66 feet of MacFarlane Drive, which dead ends at the Yacht Basin and such abandonment would be sub- ject to the City retaining any necessary easements for water or sewer pipelines, as'well aS other needs for public Utilities~ further, it is recommended this petition be referred to the Planning an~ Zoning Board for review and recommendation. It was so moved _by Mr. Wilson, seconded by Mr. Jurney and unani- mously carried. 8.a. City Clerk Worthing said it is requested that Council lift ~esoIution' No. 20-68 from the table and defer action thereon until such time as the administration is able to submit a recommendation, it being desired to further investigate the effect of such an agreement. Mr. WilsOn moved tO lift Resolution No. 20-68 from the table and defer action on same as requested~ the motion being Seconded by Mr. Youngbl~od and unanimously carried. 8.b. The City Clerk presented RES(~~'NO. 22-68. A RESOLUTION OF THE CITY CO~CIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFI- CATIONS AND ESTIMATE OF-COST TO ~CONSTRUCT SIDE- WALKS ON'THE NORTH SIDE OF S. E. THI~RD STREET BETWEEN S. E. THIRD~AND FOURTH AVENUES ~ ALSO ON THE EAST SIDE OF VENETIAN DRIVE COMMENCING AT MIRAMAR DRIVE AND EXTENDING NORTHERLY A' DISTANCE OF FOUR HUNDRED AND SEVENTY {470} FEET. (Copy of Resolution No~. 22*68 is attached to the official copy of these m~nutes.) See page 124-J. It was pointed out that this Sidewalk construction would be on the basis of 50 per cent participation by the City and 50 per cent by the abutting p~operty owners. Resolution No. 22-68 was unanimously passed and adopted on this first and final reading, on motion by Mr. Merritt and seconded by Mr. ~lson. -6- 6,10-68 117 ,~.c. The City Clerk presented RESOLUTION NO. 23-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CONSENTING TO THE ASS IG~MSNT OF ~ DELRAY BEACH CHAMBER OF COMMERCE LEASE AS COLLATE~ FOR A LOAN TO SAID CHAMBER. (Copy of Resolution No. 23-68 is attached to the official colby of these minutes.) See page 124-L. Resolution No. 23-68 was unanimously passed and adopted on this first and final reading, on motion by Mr, Jurney and seconded by Mr. Merritt. 8.d. The City Clerk presented RESOLUTION NO. 24-68. 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 RE- PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of .Resolution No. 24-68 and aseessments are attached to the official copy of these minutes.) See page Resolution No. 24-68 was unanimously passed and adopted on this first and f~nal r~ading, on motion by Mr. Merritt and 'seconded by Mr. Youngblood. 8.e. The City Clerk presented RESOLUTION NO. 25~68. A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF .D.ELRA.Y BEACH, FLORIDA, ACCEPTING AREA NO. 23 OF SANITARY SEWER PROJECT NO. 5964-8b AS OPERATION- AL AND SETTING THE EFFECTIVE DATE FOR THE INITIAL SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID AREA NO. 23 OF THE SEWER SYSTEM. (Copy of Resolution No . 25-68 is attached to the official copy of these minutes.) See page 124-K. Resolution. No..25-68 was unanimousiy passed and adopted on this first and final reading, on motion by Mr. Youngblood and seconded by Mr. Wilson. 8.f. City Clerk worthing pres .ented ORDINANCE NO. 15-68.. AN ORDINANCE OF THE CITY COUNCIL OF TH~ CITY OF DEIRAY BEACH, FLORIDA, REZONING AND PLACING LOTS I THROUGH 7 INCLUSIVE AND LOTS 12 THROUGH 19~ IN- CLUSIVE, BLOCK 12~ .LOT .12 LESS THE.'NORTI~ 75 FEET,. BLOCK 1~ AND THOSE PORTIONS.~OF. THE NORTH 75 FEET OF LOT' 12, BLOCK 1, AND LOTS 8 TH3tOUGH 11 INCLU- SIVE, BLOCK 12, NOW ZONED R-1AA, ALL BEING IN OSCEOLA PARK SUBDIVISION, DBLRAY BEACH, FLORIDA, IN "RM-1 MULTIPLE PAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, ~ 19~6~". (COpy of Ordinance No. 15~68 is. attached :to the official copy of ~hese minutes.) See page 124-O. There being no objection to Ordinance No. 15-68, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Wilson and seconded by Mr. Youngblood. -7- 6-10-68 8~.g. City Clerk Worth£ng'presented ORDINANCE NO, 16-68. AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF B CH' TO ?HE =TY OF DELRAY BE~CH cB~TAIN LANDs-~OCAT~D "tNSECTION LANDS "A~E cONTIGUOUS TO ~.XIST~NG'MUNXCiPA~ LIMITS OF SAID CITY ~ REDEFINING THE BOUNDA~ RIES OF SAID CITy TO INCLUDE SAID LANDs~ PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS ~ AND PROVIDING FOR THE ZONING THEREOF. O=d£nance No. 16-68 was unanimously placed on first reading, on ~ot£on by Mr. Merritt and seCOnded by Mr. Wilson. 3.h. The City Clerk presented ORDINANCE NO.' 17-68. ' AN ORDINANC OF CITY CO CI OF cITY OF ,B CS' ORIDAi =ING CITY OF: DELRAy B~ cERTAIN ~S LOCAT~D IN SECTION 8, TOwt~SHIP ~6 s~H, '~GE 43 ~ST, ~CH LANDS ARE CONTIGUous TO '~-IST~G MUNICipAL~ LIMITS ~": SAID CITY$ REDEFINING THE BOUNDARIES OF SAID CITY TO ~IN~UDE sAID L~ 'PROVIDING FOR TH~ RIGHTS AND OBLIGATIONS OF SAID LANDS ~' AND PROVIDING FOR THE ZONING THEREOF. Ordinance No. 17-68 was unanimously Placed on first reading, on motion by Mr. Jurney and seconded by Mr. YOungblood. 9.a. City Clerk Worthing said that on May 13th Council referred a request of Florida Power & Light Company for permissive use of certain C-3 zoned la~d, upon 'which they desired :to COnstruct an Electric Dis- tribution Substation, to the Planning and ZOni-ng Board for a public hearing to be heid thereon, and the following .is .a re~Ort from that Board, dated June 6th ~ "On June 3rd, 1968, a Public Hearing was held in City Hall at 4:00 P.M., consider~-ng a petition re~erred to the -Planning and ZOning ~Board on May 13th, ~968, .requesting permissive use for the Florida poWer and ·Light Company to construct, operate and maintain an electric distribution substation in a C-3 (Wholesale and Light Industrial 'DiS trict). The Planning and Zoning Board voted unanimously to recommend that it appears no P~blic Hearing is actually necessary and permission be grante~ for issuance of the permit." Mr. Wilson moved to sustain the action 'of the 'Planning and Zoning Board, the motion.being seconded by 'Mr'' Jurney and unanimously carried. X. Mayor Saunders Said 'he thought it WOu!d be` well for Council to meet with the Planning and Zoning Board' before the Planning Board report concerning the Proposed construction of'the Quality Court is presented to Council, and asked that the City Manager arrange Such a meeting. 9.X. City· Clerk Worthing read the minutes of the Beautification Com- mittee meetings of April 10th and May 8th~ 1968, w~th the following excerpt from the minutes of May 8th to be'considered by Council: "In other discussion, it was suggested that summer employment on a part time basis be provided by hiring students to pick up litter along street rights-of-way and ~whereve= extremely unsight- ly conditions exist'. Mr. Nie~sOn sa~d that along with such a -8- 6-10-68 project, the members o£ the Men's Garden Club of Delray Beach would volunteer their services to supervise such activity.. Bags or barrels coUld lbs used 'tO c011eCt the litter and the students could then dump them pertodtc~ll~with use of only one pickup truck provided either .by. the City or donated. By taking old broom or mop handles and driving nails into the ends, the students could make their ..own piCkup~ Sticks. we respectfully submit' ~tS suggestion for consideration of the Council and City administration." Mr. Jurney moved that said item be referre~ to the City Manager for review and recommendation to Council, the motion being seconded b~ Mr. Wilson and unanimously 9.X. City Manager Gatchel said that Mr. Jurney had recently requested a report concerning possibility of construction of sanitary sewers in poinciana Heights & Jefferson Manor Subdivisions and submitted the ~..ollowing memorandum from City Engineer Fleming, dated June 4, 1968: "In accordance with your instructions, with reference to Item No. 5 on the council' Minutes of May 27, 1968, ! have gone over with Russell and Axon the cost figures for extension of the sewer lines into the area known as Area 13. Area 13', Which includes the two subject sub- divisions, comprises that area roughly bounded on the East by Northwest 9th a/Id. ,10th Avenues., .on the, North by Northwe.~t 4th Strew,t, t..he west Atlantic Avenue., The no~thern and~southern portions...of, this. area are..more, densely, built up, the l ;cent~-al,~ s'~ctiOn, along Northwest' 2nd Street be'tng mor~ Sparsely .lS~originally conCeived, t'his~:area Would be'served ~ a.'p~ary gravi,t.y..,main along Northwes,t ~nd Str~at with laterals' on ail cross streets. . The estimated 'construction cost, for providing sewer in th~s area was $195,000. as figured in February Of 1967 and wi. t1 probably have escalated to. approximgtely...$205,000, at the presen~ tt~ne .... The..in:!}ial annual revenue, fr°m this expenditure, was determined to be $10,500. which w0uld u'ltimately expand to £$130000. 'with 291 connections. Assuming no immediate change in se~er_ charges, the estimated initial revenue Of $1.0,500. would warrant .an expenditure Of based'on the_ 20' to 1 ~riteria ~hich has been .frequentiY:..u~ed in. the past.. It should be noted,, however, that the cost 'figures.; quoted' are construction costs only, and an additional 10% should be added to cover financing, .engineering, legal and contingencies,, thus bringing the~. estima~d total cost to approximately ~225,000." The City'ldanager reported' that the Sewer COnstrue}ion Fund count balance of` approximately $40,000. is not suffici'e~t' for this. project'. Purther, previous 'determination of COuncil is .that the next bonding P~,0gr!a~ ~ould be for the water trea~m?ent .f'aCi'li~.'(, but 'that · }ir': JurneY" asked~'if 'the Ci'~Y M'anage~.or Enginee~s.' ha~e, a~Y jections 'as t0:'{~he~'-'~e ~Ople in those two subd'iVfs~On~ ~ay 'expect sewers,~ .and' the city Manager safd that he did:·not have .that 'information. 9.X, ..Mr', ~urney said he ha~ also asked for a report concerning all ~he remaining areas of the City that have"not bee~ sew, ered~~ The :City Manage~ r'ePO=ted~ 'that "~ea,~'13~,:~'i'~i~er'ed in.:. the, report just Presented to Council, is .the..major u~seWered, area. in the plans developed and j numbered seVeral years ago, and ther~ are portionS,Of ' several-o, ther 'areas tha&-~ere not sewered as the .amount' of expenditure c.0.uld~ fist~be juS{if'ie~'by the fiscal income. Mr' JUrney said he ',~hOught some plan should be proj,ect, e,d ~s .to whe, how the., e ,ten, ion o f ,. ,rs 'to a eas cou..' 'd(be accomplished, and he 'felt the cost in many instances WOuld'not'i'be;.toO great aS the-lift .statiOns tha( 'W~Uld ser~e th~/are'~.ire~dY .instal!ed~ -9- 6~I0-68 ~.urther, if a bond issue is necessary to complete the sanitary sewer · nstallations, it ~Ould be given consideration.' '~' During ~omment~. concerning sewer installation, the' City Manager ~_~nunenteCl.as £ollOw~: ,~e ~tX1 be'°nly 'tOo g!ad, at CoUncil',s pleasure, to go into.some addi~.,!~o~al [projections for the Ci.ty, .but in some of ~:hese .areas in wh:~ch~..'~o~cil,,cur.'[t~i~d~.~he j jnlitg~lation at the time lro~th or develo~ent ~hich ula iUbS'~antia~e [~' e~n~ically no~ that ~asn' t there at the t~e." ~. ~ney said he would like to take this i~ up ~i~h the Ci~ .~ager at ~e neck ~rk~h0p meeting. ~.X. City N~age~ 6atchei preSen[ted ~he fOllo~in9 m~orand~ f~m ~ance Director ~eber, dated Na~ ii,' 196~, Concerning reco~enda~ons n~e ia a letter, dated Februa~ 13, 1968, from the City tuditors, ~ t~es & H~es ~ "It is also my reconuaendation that a procedure manual be pre- ~ared. This should be done by a competent management firm skilled in '~eveloping system~ and. procedures. We. agree wi~ our auditors regarding the acquisition of computers and.have followed the development of this highly speclalized field with much interest. We have attended demonstrations of this equipment at Mftani and West Palm Beach, attended lectures at M.T.O,A. short courses ar~ continued to read available data on. this subject. It;has been noted that as the technology in this. field advances the equipment developed is capable_ of increased programs while at the same time the original cost of equtlx~ent is reduced. One of our models 32-10 NCR Accounting Machines was overhauled this past October at the cost of $1.,.120.43 and should give us a few more years of good service u~til a computer program ~s properly developed. Mr. worthing and "I are continuing to work closely On' the pur- chaa£ng pr/ocedurea~ and ~e feel sure that any exceptions that h~ve not seen: corre, cted will be in-.the near future. We fgel that all meatbers of .the City's family are doing the best job .possible in p',~operly reCOrding their long distance callS. Follow- ing an expenditur~ of ~1,104.65 by the .city. fo= the special 'long dis- tance telephone audit, a marked ~nprovemen~ bY all departments has been noted." ~- t0.a. ~r. Richard DeBolt, 333 S. W. 1st Avenue, presented Council with ~he following petition signed by fifteen of the twenty, property owners ~n said block: "We the 'u~d~ ersigned, residing on the east side of S. w. First Avenue and on the west side of South Swinton Avenue, between S.W. 3rd and 4th. Streets, request, your favorable -,~ consideration of the following: 1. The alley located~ the above mentioned S. W. 1st Avenue and South Swinton Avenue is used as ap- proaches by all the residents to their houses and/or garages. AND owing to the darkness some of us have ...been..mo!ested by prqwlers and some residents there- fore have installed a~'d have rear, outside lights on as a ~_reventive measure. 2. As stated above, we therefore re, quest your favorable ~' consideration of installing a light on a pole located near th6 center of the alXey, which we feel would benefit 'all concerned." Mr. DeBol~ .~.id .that .his home had been robbed, and there were only four homes o~ said part,toners that have n~.t been robbed. Mr. Wilson said .he feels this matter should be investigated very thoroughly, and it was po. in[ted out t~at this is a rountine administra- tive matter. Mr. Me=ritt asked that Mr. D~Olt be informed of what action will will be taken when a decision has been made. ~: -~'0- 6-10-68 J. ~ ,i. L0.a. Mrs. Rhoda S. Ward, 3103 Palm D~ive, addressing City Manager Gatchel, said as she understands it the Teen Town ball field is in need of ligh~ing to make ft available for'!ni~ht play'this sununer," and sh~:~.cafi~':t understand why the preset facilit~es c~ot be used, with ~me l~ghting to make it Correct for playing at n~ght, and at the s~e time not do such a major job. Mrs. Ward continued: "~. Pinkston d~d speak correctly. The $5,000. has been pledged to the ~eld ~f ~$ l~t now, not next year, but now." ~e City Manager. said ~f there was a contingent' connected with t~e $5,000. donation he did no~ believe that had been re~rt~ to ~c~l, and th~s is his first ~owledge of any contingen~ connected wSth said :donation. During further co~ents concerning reconstruction ~ the ball f~eld the City Manager sa~d he would hesitate to recom- ~end to Council any k~nd of a ~orar~ installation of lights unless ,~t were ~ssible to incorporate ~t ~n a pe~anent design. He also 9ointed out that the Sterling Field ball park would be available several nights a week as of the first of July. ~0,a. ~. Willie S~ons, President of the ~ogressive Co~ittee for Civic Action, said he is not very happy w~th the re~rt on the light- lng at the Teen. To~ ball f'~eld, but pleased that it ~s being serious- ly considered and what is necessa~ to accompl~sh.s~e. Further, he realizes if work were to start at the present time ~t may deprive the youngsters of using 'the field Kh~s season. He ask~:.[0r.: assur.~c?~ or a co~ent that the. field-..at Teen To~ Center would.be re~dy for. use next seas~.. He alsp. asked tha~ ~ be. a matter of.. record that it wae' the. Pr0~essive'Co~tte~ ~or C~v'~c Act~0n'wh~ .first approached the Co~cii ~n F~br~ o,. the ~ssUe of the basebali f~eld and the lightin.g~ and Said 2hey have 'been. work- ing on it since that .time..Further, that group has bee~ Working with Recreation.al D~rect°r Elliott in acc0m~l~.shiDg some ~ov~ents. at Teen Town Cente~. ~. Simons asked CouncLl~. if it is po~sible .~ ~et. s0~e..grass, at the ~enter w~h~n the area,~that ~s..f~cp~ a~d if so,. his ~o~ittee would, install~ a~ sprinkler system and ..see that.;[t. '~, Simons said he.. w0uld[ like f~r ~ouncil tO, g~ve the area.of poinciana. Heights and Jeffers~. M~or some -.cons id~ati0n regarding. sanitary sewers s 0ns, as counselor c rve ' repor e : graduation of 64 s.tude~ts' last week ~rom fha= Scho01, and said that 57 of th~ P~an.~tp.:,go ~o c~ll.ege.. ,,. Concerning grass ~d a sprinkler Syst~ at the Teen T~ Center, City Manager G.atchel asked ~. ~i~ons. ~. contact h~m. d~ing, off~ce hours for discussion of .the details.and that the City could provide. the engineering for .~nstallatiOn of ~ S~rinkler ,system, which would be necessa~ before the grass ~s put,~n,~ .The Ci.%y..Manager spid when sUch details, had been worked, out, they ~uld be. re~rted..to Cocci1 and a decision, could be made. Concerning..a 'co~i~ent regaraing, relocating ~d lighting the ball f~eld at T'een'~.To~',';.~th'e: C~ty' M.a~a~er' said that' 'it~- ~uld be ~n the pro~osed'i968U69, budget when it is presented, t°.~un~! for their ~ons ~derat~on.. ~; , . . ....... ... ....: ..~... ~ . 10 a. Rer. S~"Taylor, Vice'-'PresX~ent. o'f. the 'ChrXst~ ~v~en · for, Civ[c A~ti'on, asked ~ut the eight~step progr~, pro~pSed for ~he ball field' at'Teen To~, ~d 2he CXty Manager inf0~ed him that When money is available for that X~p:r0v~ent the other 'ste~s cou:~d, run. concurrent- ly for ~.v~lO~en~ o~ the ffeld[-.~d, fn'stall'~tfOn"o~ ~ring l'en~thy c°~en,tS',' Rev,, :.Tayl0r"'~ent~oned light'ing '. said ball 'f[eld: this s~er and taking advantage:of a $5~000, donaS'ion'. .: ' Mayo'~ '$~unders asked tha% 'the C:'itY.M~a~er gi~e:'council a. report On the.PosSi~'flity'~[ :piecing Some' of ~,e I[gh2s them to be incorporated in the Pe~'~'n'ent design ......... . T~e.ci~[-Ma~9~er gave the a~suranc~ that' if there. ts..any ~ssf- bility ofp19cing ~O~e: Of-'.the ~les a~ that ha'ix, f~eld now and leaving a free base' p'la~ ~ere ~he'"partiC!pan~s':wout~,'~t coOl,de with them,. . .6~10-68 it would be done, .~1!- ..: ?.. ~O.a. l~s. Dorothea Montgomez~ suggested that when the COuncil and Planning and Zoning Board have their workshop meeting they consider the parking requtremeats for ho~els. 10.a. Mr. Michael Burnson, 1319 S. W. 21st Avenue, presented the [ol- lowing proposal to Council: "As a citizen and parent, I am most concerned about the availability and accessibility 'of .recreational opportunities for the children of our community this summer. I am partic- ularly concerned abOUt relatively undeveloped-areas of our city where there are at present no provisions for sports such as baseball, basketball and football for significant distances from residential areas. (UnfortUnately, there se~m to be no requirements in the City codeS~that state a developer should al- low certain, defined areas for recreational activities.) Per- haps this could be a future consideration. I would like to request that thi~ council consider that permission be sought to utilize~ 1. privately-owned sections of land that are not currently being developed, such as, the land bordered by Rainbow Homes, Lowson Blvd. 0 and Congress Avenue. 2. city-owned property in the same undeveloped category, such as the land adjacent to the cemetery and bordered by S. w. 10th Street and S. W. 8th Avenue. 3. city-owned or controlled right-of-way, where immediate development is not planned, such as at dead end streets and cul-de-sacs throughout the city. 4. county-controlled school property, encompassing basket~ ball courts, grounds, etc. such aa (offer clipping re~ schools) suggested in this ad f~nanced by the Pres. Council on Physical Fitness. These recommendations will incur no cost to the taxpayers ~ther than that maintenance which might render the lots useful ~or recreation purposes. For example, mowing the weeds on these lots more frequently than others not so designated. The backstops, poles, hoops, etc. can be constructed with minimal effort and' cost either by parents in the affected neigh- borhoods, or by civic groups who care to donate their t~me. Materials can be sought from local builders/contractors who burn scrap lumber and destroy screen/fence remnants which would suffice for this constructio~o The proposal is incumbent upon allowing the ch£1dren to improvise baselines, boundaries and en.~ croachment or harassment. I have conferre~ privately with Mr. Gatchel, Mr. Adams, Chief Cro~ft~ Mayor Saunders, Sgt. Dalton (Public Safety Officer) and Mr. Elliott on this matter. All have indicated concern and .interest paralleling that of my ov~. I would therefore like to ~uggest that you accept this proposal for' consideration and I urge you to do so in haste, many schools are out already and the remainder will be recessed this week.. I sincerely believe that these measures, i~ enacted, will help provide us with the means to keep su~er '~cool~ in Delray Beach." As to the City owned property, the City Manager mentioned the matter of liability, and said the City's liability insurance would have to be ~nvestigated~ further, each one of the cases mentioned would have to stand on its own as to availability, etc. Mayor Saunders asked that the City Manager get an op£n~on on the liability as far as the City owned property is concerned, and if the City is in the clear in that regard asked if plans coul~ be made as proposed. Following a question by Mr. Merr£tt, it was po~ted out .that the Palm Beach County Board of Public Instruction is cooperating with the City Recreation l~epartment ~ the .use of School yards and their outdoor fac ~1 ities. ~' -12- 6-10-68 J..,~O ,10.a. Concerning the permission granted for erection of a tent by the 'Church of God by Faith, item 7od. o~..:.tonight's agenda, Elder L. Williams asked if the permit for two weeks could *be extended for possibly, another two weeks if they have a good meeting. Following discussion, Elder Williams was advised that if the revival meeting is successful, he could make an application for another two weekS permit for a tent revival prior to the termination of the first two weeks. 10.b. City Manager Gatchel reported that he had deviated from,' Council policy to approve use of the Community Center by allowing, the Irene Rogers Dance Studio to hold a recital for the younger students at said center yesterday, as there was not sufficient time following receipt 'of the request to obtain official Council approval. 10.b. Mr~.~ Jurney reported an. unsightly condition of trash and junk on the north side of S. W. 3rd Street between Swinton and 1st Avenues, and asked~ if the City could remove said debris at an early date. lO.b. Mr. Merritt presented Council with an artist's: picture Of~,Ma¥or Saunders sketched at the time he was crowned Mayor of Delray Beach in 1949. lO.c. City Clerk Worthing presented the following Bills for Approval= General Fund $86,906~,35 Water Operating~,~ Maintenance Fund 7,595.09 Water Revenue.Fund 15,000.00 Util£t~es Tax Revenue Fund 1,550.00 Utilities Tax Certificates, Prinicpal & Interst Redemption Fund 4,500.00 Cigarette Tax Fund 5,358.00 Sewer Construction Trust Fund, First National Bank of Delray Beach 30,893.38 Sewer Construction Trust Fund, F~rst Federal Savings & Loan Assoc. of Miami 1,080.00 Payments of sa~d bill's were unanimously approved, on motion by Mr. Youngblood and seconded by Mr. Merritt. The meeting adjourned at iO:40-P.M. ,, R. D. WORTHING , , City Clerk i PPROV~. MAYOR -13- 6-10-68 124-A RUSSELL & AXON . Ol:i~ic~,.s Consulting Engineers, Inco'rporated --~G,NEERS-- Daytonf~ l'}each, Florida 1620 MASON AVENUE Municipal Pindllas Pork, Florld~ P.O. BOX 1431 Industrial Delr~y Beach, Florida Gov~rnmont St, ~uis 2, Missouri DAYTONA BEAC}{, F~ORIDA, 31015 904/255-5471 aune 5, 1968 Honorable Mayor and City Council City of Delray Beach Pt O. Box 2469 Delray Beach, Florida 33444 Attention: Mr. David Gatchel, City Manager Gentlemen: Subject: Sewage Works Project Recommended Award of Contract Southeast Area Project No. 5964-8c Sealed competitive bids for the construction of the approved portions for the Southeast:Area Sewage Works Project were received, publicly opened and read aloud at a special meeting of the City Council, June 3~ 1968 at 10:00 A.M. EDT. A total of four bids were submitted. These bids have been checked and tabulated. A copy of the tabulation of the bids is attached for your information. It is recommended that a contract be awarded to the low bidder, Cambron Construction Company, Inc., Post Office Box 8515, Orlando, Florida: as follows: (a) Section I - Southeast Interceptor and Force Mains - Base ~id - items 1 through 9 and 10 through 32~ with additive Items 33 through 42 and 44 through 47, (b) Section II - Sewage Lift Station - Base Bid - Items 48~ 49, 50~ 51 and 52. Cambron Construction Company was low bidder on each section and any combination of base and altarnate bids. A summary of the recommended award of bids is as follows: Section I - Southeast Interceptor & Force Mains - Base Bid $335,191.40 Additive Items . 13:10.7,.75 Sub Total Section I $348,299.15 Section II - Sewage Lift Station - Base Bid 163:103.00 Total Amount of Recommended Award $511,402.15 . ~ 124-B Honorable Mayor and City Council City of Delray Beach, F~o=ida 2 June 5, 1968 Section I -.Southeast Interceptor and Force Mains, Base Bid, is recommended predicated oD the contractor's proposal to furnish 36" diameter reinforced concrete pipe, con- fbrming to the specifications, with "Poxitar" protective coating. Upon investigatiom Qf the reinforced concrete Pipe proposed to be furnished under Alternate Bid No. 1, it was found that the pipe as proposed did not meet the specifications, and for this reason Alternate Bid No. 1 is not recommended. Section II - Sewage Lift stations, Base Bid, is recommended predicated on the con- tractor's proposal to furnish all equipment as specified in Lift Stations 32, 33 & 34. An alternate bid submitted on Lift Station~32' was based on mechanical equipment other than specified and as installed on other ejectors now in service in the City. It is the engineer's opinion that the standardization of equipment will result in a saving to the City in convenience of one replacement parts supply, and little or no additional maintenance training of personnel, which will exceed the saving offered ,by the alternate bid. Our engineering staff has carefully examined Cambron Construction Company's bid, qualificat%ons and past experience. Cambron Construction Company is now under con- tract to the City and is successfully completing a sewage works project similar to the proposed contract. The engineers have found the contractor to use good construc- tion practices, perform high quality work, to be capable and dependable. The con- tractor has the equipment, financial backing and experience to perform the work as outlined in the plans and specifications. The time of completion specified in the low bid is 180 calendar days for Section I and 200 calendar days for Section II. The time on both sections would commence together and run concurrently. Very truly yours, RUSSELL &AXON CONSULTING ENGINEERS, INC. :?! F. Ka~inos, Vice President JFK/jp 124~C SUPPLEMENTAL AGREEMENT NUMBER 17 TO ENGINEERING CONTRACT CITY OF DELI{AY BEACH, FLORIDA WHEREAS, the City of Delray Beach, hereinafter referred to as the OWNER, and Russell & Axon, Consulting Engineers, Incorporated, hereinafter referred to as the ENGINEERS, entered into a contract for engineering . services dated the 30th day of September 1959, and WHEREAS, the ENGINEERS have informed the OWNER that it would be in the best interest of the OWNER to provide competent resident engineering for the Southeast A'rea, Project No. 5964-8c, construction of which is immediately contemplated, NOW, THEREFORE, the parties hereto mUtually agree as follows: 1. Resident engineering of construction includes, but is not limited to, laying out of work, analysis of temporary structures and facilities, field inspection of materials and work, progress reports, preparation of monthly and finaliestimates and final report. As part of their duties as 'Resident Engineers, the ENGINEERS shall render monthly inspection and progress reports to the OWNER. 2. The person assigned to the project as Resident Engineer or Project Manager shall, at all times, remain subject to the approval of the OWNER. 3. The OWNER agrees to pay to the ENGINEERS, on a monthly basis, that compensation for additional engineering services necessitated under this authorization, based on an amount equal to actual payroll costs multiplied by a factor of 1.75, in accordance with the following hourly rates per person: Staff Members $9.50 )er hour Design Engineers 6.50 ~er hour survey Party Chief 4.00 )er hour Engineering Aides 4.00 ~er hour Instrument Man 3.25 )er hour Draftsmen 3.25 )er hour Rodman 2.50 )er hour Steno & Clerical 2.50 )er hour In addition, the ENGINEERS will be reimbursed for office expenses and for travel on the job at the rate of tO cents per mile. 4. The terms and provisions of the contract between the parties dated September 30, 1959, including all supplements hereto, shall remain in full force and effect other than as modified by this Supplement Number 17. Executed this /~ ~ day of. · ~ , 1968. CITY OF DELRAY.- ~'~ RIDA ~ Mayor RUSSELL & AXON CONSULTING ENGINEERS, INCORPORATED AuthOrized Officer Authori-zed--0~f~ic r' 124-D SUPPLEMENTAL AGREEMENT NO. 18 TO ENGINEERING CONTRACT CITY OF DELRAY BEACH, FLORIDA WHEREAS, the City of Delray Beach, hereinafter referred to as the OWNER, and Russell & Axon, Consulting Engineers, Incorporated, hereinafter referred to as the ENGINEERS, entered into a contract for engineering services dated the 30th day of September 1959, and WHEREAS, the ENGINEERS have informed the OWNER that it would be in the best interest of the OWNER to provide engineering services covering prelimin- ary layout of a sewage collection system for the areas served by Lift Stations Nos. 32, 33 and 34 being constructed under Project No. 5964-8c (Southeast Area Contract), NOW, THEREFORE, the parties hereto mutually agree as follows: 1. The ENGINEERS will furnish to the OWNER six (6) prints of a Sewage collection system layout showing only preliminary line and manhole locations and size of pipe. 2. Layout will be based on existing recorded subdivision.plots for the areas to be served by each lift station. 3. The OWNER will pay to the ENGINEERS the sum of $1,500, upon completion of the work herein described and receipt of invoice. ~',~' 4. The ENGINEERS agree to allow the OWNER credit for part or all of the above fee when the ENGINEERS design the collection system for construc- tion. 5. The terms and provisions of the Contract between the parties dated September 30, 1959, including all supplements here'cc, shall remain in full force and effect other than as modified by this S~,3plemental Agreement Number 18. Executed this //-~ day of - '1968. CITY OF DELRAY BEACH, FLORidA ATTES~T~ × /'~ . / //.~,. City C 1 e rk ~.~..-~.~./ " Mayor ! " RUSSELL & AXON CONSULTING ENGINEERS, INCORPORATED AT~EST: /~ ~,.~/ .,,' t ' ;? Autbo'~ized 0ff;cer AuthoFized 0ffi ceY 124-E PEriODiCAL ESTI.~ATE FO~ PARTIAL PAYMENT 'n'p~ o~ p~o3~ ASP~LT PAVEMENT ~P~~ON DEL~Y B~H, F~. ~o~ No. NAME OF CONT~OR D~E ASHPALT CO. ADDRESS WEST P~M B~CH, F~. CONT~ NO ...... PERIODI~L ESTIMATE NO. 8 Final FOR PERIOD, May 5 ~9 68, TO May 23 19 68 ITEM ~ U~IT C~ ~ ~R NO. DE~IpTION.'.OF I~EM ~ANTI~ ~S- UNIT ~ VALUr UNITS VALUE WORK J ~LET~ (l) (2) (3) (4) ., (5) (6) (7)' (8) (9)J ~10) struct 1" asphaltic con- crete su~ace course,~ 00~ ~ ~ 100 Type II 1'0,000 Ton~ 6.69 66,900 00 10,0G 66~ Furnish mater~al and . , apply b~tuminous ~me 2,~'00 GaL~ 0.1~ 380 O0 380 ~00 coat 3 Furnish material and apply bituminous tack coat' ' 26,~ GaL 0.12 3,156 00 5,75 691 08 2,464 92~ 22 TOTAL - 124-F SCHEDULE OF C}IANGE ORDEaS Chancre o, raer AdtLt tions Related item o~ ~ , Amount No. Dote Form Description AmOuet completed Dodectieflo W*I000 to date 1 ~/~/~7 2,500 Tons ~6.69 per ton 16,725 00 14,39688 2~6~ 1,260 TenseS6.69 Per~on ·8,429' 40 7,461 56 .~ 2,000 gal prine ~ $0.19 per gal 380 0~ 18,000 gal Tack~ 80.12 per gal . 2,160 0C 3 Reconciliation 3,600 88 2. ANALYSIS OF ADdUSTED CONTRACT A~OUNT TO DATE · 70~436.00 A, Original oontr~t w~ount (Col. e froqt of thio rs,m) , ..... .!, . ..... . _ ..-- · . .... -- ~ ...... B Pitts: Additions scheduled in coltam § abowe ' 25,154.40 C. Less: Deductions ec~tuled in oolumn 7 ~bove . . . . . 6~140.88 .. 89,4'49.52 D. Adjusted contract ~ount t~ date .................... _ 3. ANALYSIS Otr WORI~ PERFOR.~4, EO. ~., Value of original contract work ye,formed to date (coz. 8 front) .......... 67 ~ 5~_. ,, 21,858~4 3. ~t~ v~ue of ~rk ~,ro~d ~ date None 4, ~ss:' ~t retatn~ ' 0 percent ............. -:',: ..... ~ Net ~t earned on contract ~rk ~ date .......... (Att ach detailed No~e 6. ~: eateries o~ at close of this ~eJod schedule) ....... ~'" 89.449.52 81,954o96 CERTIFICATION OF CONTRACTOR Acco,din& to the beat of my knowledge and b&l.teF, I certify-that all items and a~ounts shown on the face of this Periodical Estimate are correct; that all work has been ~er9ormed and/or material supplied in acc',dolce with the Ter~s and Conditions of the Contract between City of Del,ay Beach and_~_~L~~hml+:(~.~,, dated Februa~Y.2$ 1, 66, and/or d~ly authorized · . ~"--(%o.q,-.~,) --~ --  deviations, substitutions, altera'tiona, ~d/or additions; .that the followin~ ~ m. t~ ~d-,correcZ atm~n% he contract .acco~t up to md lncludtn~ the l~t day of ~e petted co~er~ by ~'~od~c~ Estima%e~ [ DIXIE. ASPHALT COMPANY ( % %/ / ~ ~' (Cent~Iotor) ~ ] ~/ (Authorized ~eprem~ ~v~) ~ , ......... ,,, ..... ~ , , Title V : ' ............... 5. CERTIFICATION OF CONSTRUCTIOlt EN61NEEN I certify that I have checke~ and verified this ~eriodtcal Estimate Rs. ~-~] .. for ~ ~rlod a t~ie and correct Itat~t or ~rk ~r~ ~or ~teri~ s~lt~ by t~ Contractor; ~at all work en~oe ~tertal inelud~ in ~le ~rtod~c~ ~ti~te ~o, ~ has b~ Je~cted by ~ ~or ay duly autl~rtz~d ~n- resentative or ~esist~ts ~d ~ It ham ~ per~o~ ~oP a~li~ tw ~1 ~m~ ei~ ~e ~s md ~*bstitutions, alterations ~or ~dltions, ~1 o~ which have ~ eu~enttcat~ or co~ltAen~[y ~ve~ ~ the ~uly authorized a~ent off ~e " ' ~ 124-G CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA Project No. 5964-10a ASPHALT PAVEMENT REPLACEMENT CHANGE ORDER NO. 3. This agreement entered into this 10th day of ~une , 1968, by and between the CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, as party of the FIRST part, and DIXIE ASPHALT COMPANY, as party of the SECOND part, the same being a change or supplement to a certain Contract by and between the parties afore said, dated February 25, 1966, for the r~urfacing of City owned streets which have been disturbed by the installation of Sanitary Sewers under project No. 5964-8b-III. WITNESSETH: I. WHEREAS, the party of the FIRST part desires to amend the Contract to reconcile the final quantities as constructed, with the quantitie s a s originally bid, -and- WHEREAS, the final constructed quantities are set forth in the final estimate No. 8, -and- WHEREAS, the result of all deletions and additions to the original Contract is a net underrun of $3,600.88, -and- WHEREAS, this change order, when signed by all parties thereto, constitutes final acceptance by the CITY OF DELRAY BEACH., FLORIDA, of all work carried out under this Contract. 124-H II. THEREFORE, the party of the SECOND part agrees that this final reconcilia-tion change order supersedes any and all previous correspondence or verbal agreements regarding deletions or additions to the scop'~ of the work carried out under this Contract dated February 25, 1966, for the resur- facing of City owned streets which have been disturbed by the installation of Sanitary Sewers under project No. 5964- 8b, III, and the party of the SECOND part further agrees that all quantities and prices shown on the attached Final Estimate are correct, and that the amount of Seven Thousand, Four Hundred, Ninty-four dollars and Fifty - six cents ($7,494.56) constitutes final payment, including retainage, for all mat- erials furnished, and work' performed under this Contract, all in accordance with the terms of the original Contract. III. It is further agreed and understood that this change order shall not alter in any manner the maintenance, and performance guaranties of the original Contract dated February 28, 1966 and the same shall stand in full force and effect in all respects. Recommended for Approval: DIXIE :ASPHALT, COMPANY B. M. Woolb~ig~, sr. Project ManageT ~ CITY OF :LRAY BEACH PALM BEACH COUNTY " DELRAY BEACH, FLORIDA Approved as to form: , .~{.'" ,~ ~; /. .- · By ""'. .... ' ..... By, Mayor .,. ..- City Attorney By '";/-~'~¢: City Manager Atte st[~ ,/' /~2 , r: City clefk _~c'~~ ..~..~_ 124-I APPENDIX "A" TO CHANGE ORDER NO. 3. Project No. $964-10a-Asphalt Pavement Replacement Delray Beach, Florida Final reconcilliation of all d~ferences between the bid quantities and final quantities and explanat.[ons. rem Unit Unit Original Change Change Estimated Asbuilt Asbuilt Decreas~ ~ Jo. Co st Quantity Order~%l Order ~%2 Value Quantity Value Tons $6.69 10,000 +2,500 +1,260 $92,054.40 13,267.33 $88,857.4453,295.~c Gal. 0.19 2,000 -- -2,000 ...... 3 Gal. 0.12 26,300 -- -18,000 996.00 5,759.00 691.08 304.5 Total Decrease $3,600. Explanation s Item I A.C.S.C. Type II 492.67 Tons Underrun The original estimated quantity, wa sba sed on 15 square yards of cover per ton of mix, in- cluding leveling, whereas a number of area s did not require any leveling resulting in the above underrun. Item II Bituminous Prime Coat This item was not needed and was eliminated under change order No. 2. Item III Bituminous Tack Coat 2,541 gallons underrun The original quantity was over estimated and was reduced by 18,000 gallons under change order No. 2o Due to the good "Live" condition of the surface on the streets, and no tack required on the recon- structed part of the street, only a light "fog" appli- cation of tack was required on the remaining portion of the original surface that was re surfaced , accounting for the above underrun. 124-J ~SO~UTION NO. 22-68. A RESOL~3TION OF T~ CI~ C~NC~ OF ~ CITY OF D~Y B~CH, F~RIDA, ~IRING ~S, SPECIF~- CATI~S ~D ESTI~TE OF C~T ~ C~S~U~ SIDE- W~N~ ~ T~ NORTH SIDE OF S, E. THI~ BE~ S. E. ~ ~ F~TH AV~S; ~SO T~ ~T SIDE OF ~~ DRZ~ C~CZNG AT ~~ ~IVE .~ E~E~IN~ NORT~Y A DIST~CE OF F~R ~~ ~ S~Y (470} FE~. ~E~, the City Cocci1 of the C~ty of Delray ~ach, Florida, may de~ it to be necessa~ for the safety, welfare and conv~ience of ~e public ~ ~nstruct sid~alks, five (5) feet in width, on the north side of that p~t of Southeast Third Street hereina~ve described; also on the east side of that portion of Venetian Drive ~~cing ~tendi~ northward therefrom a dist~ce sev~y (470) feet, the'CitY of Delray Beach, Pa~ Beach Co~ty, Fiorida, to share in the cost of such ~prov~t ~th the o~ers of lands abutting thereon; N~, T~R~, BE IT RES~V~ ~ the City Council of the Ci~ of Delray Beach, Pa~ Beach ~un~, SECTI~ 1. ~at the Ci~ Manager be re~ir~ to sub- 'mit plans, specifications and ~ est~a~e of the ~st of such improv~en~ ~o'.be .made, and that the~,s~e'sha11 be:.'plaeed on file in the office of =he C~ty Manager. P~eED ~D ~O~ ~ the C~ty ~cil of the Ci~ of Delray Beach, Florida on this the 10th d~' of June, 1968. /s/. J..,.~..S~.un. ders _ :~ .. ..~MAYOR ATTF~T ~ /S/ R. D. Worthin~ ....... - City Clerk 124-K -. RESOLUTION NO. 25-68. A RESOLUTION OF T~E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING AREA NO. 23 OF SANITARY' SEWER PROJECT NO. 5964-8b AS OPEP~%TION~ AL AND SETTIN~ THE EFFECTIVE DATE FOR THE INITIAL SCHEDULE OF RATES, FEES AND OTHER CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID AREA ~NO. 23 OF THE SEWER SYSTEM. WHEREAS, the City entered into a contract for engineering services with Russell & Axon, Consulting Engineers, on the 30th day of September, 1959, and WHEREAS, pursuant to said gontraCt, Russell & Axon designed an ocean outfall sewer system together with lift stations and other sanitary sewer improvements, hereinafter re. re. fred. to as Project No. 5964-8b, and WHEREAS, Russell & Axon was hired'to perform consulting and resident inspection services for Area No. 23 of Sewage Works Pro- ject No. 5964-8b, and WHEREAS, it is deemed to be in the best interest of the affected properties that the initial schedule of rates, fees and other charges to be imposed for the services and facilities fur- nished by the sewer system, as set forth and contained in Reso- lution No. 1359 and Ordinance No. G-553, are to become effective the first day of July, 1968, and WHEREAS, Russell & Axon has recently certified, as Oper- ational, Area No. 23 of Sewage Works Project No. 5964-8b, affect- ing Delray Beach Highlands Sections No's 1, 2. and'~3~, also Sherwood Park Skopping Center, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That Area 23 within the Sanitary Sewer System hereto- fore designated Project No.. 5964-8b, which is specifically iden- tified hereinabove, is hereby accepted by the City as being oper- ational, and the initial schedule of rates, fees and other charges previously established, and applicable thereto, shall become effec- tive July 1, 1968. 2. That nothing herein contained shall be construed as discharging the contractors from the strict performance of their remaining contr&ctural duties. That each of the contractors, and their bonding companies, remain responsible in all respects until released in accordance with their agreements with the City. PASSED AND ADOPTED this 10th day of June, 1968. _~S/.~J.. _L. Saunders MAYOR ATTEST: /S / R D Wor th ing ' City Clerk A RESOLUTION OF THE~CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CONSENTING TO THE ASSIGNMENT OF THE DELRAY BEACH CHAMBER OF COMMERCE LEASE AS COLLATERAL FOR~A LOAN TO SAID CHA/4BER. · WHEREAS, the Delray Beach Chamber of Commerce is the lessee under a certain lease in which the City of Delray Beach, a municipal cOrporation in Palm Beach County, Florida, is the lessor, which lease is dated'June 20, 1967, and was amended on January 23, 1968, and Which lease conveys the South 52 feet of Lot 17, Block 101 Delray Beach (formerly Town of Linton) ' according to the plat thereof in Plat Book 1, page 3, public records of Palm B~ach County, Florida; and WHEREAS, the Chamber of Commerce desires to construct a new chamber building on the leased premises; and WHEREAS, the First National Bank of Delray Beach, the Delray Beach National Bank and First Federal Savings & Loan · Association of Delray Beach have agreed to lend to the Delray Beach Chamber of Commerce the sum of Thirty Thousand ($30,000) · Dollars if such loan can be adequately secured by a collateral assignment of said lease; and WHEREAS, the Delray BeaCh Chamber of Commerce has requested the City Council of the City of Delray Beach to re- lease certain of its rights under said lease in order to i~duce the First National Bank of Delray Beach, ~the Delray Beach National Bank and First. Federal Savings & Loan Association of Delray Beach to make such loan; and WHEREAS, theCity Council of the City of Delray Beach is of the opinion that it is for the best interest of the City of Delray Beach that it release certain of its rights under said lease in order to induce said lenders to make such loan; NOW, THEREFORE, be it resolved by the City Council of the City of Delray Beach, a municipal corporation in Palm Beach County, Florida, that the said City of Delray Beach hereby consents to the assignment of said lease by the Delray Beach Chamber of Commerce to the First National Bank of Delray Beach and/or Delray Beach National Bank and/or First Federal Savings & Loan Association of Delray Beach, all of Delray Beach, Florida, as collateral security for a loan of $30,000.00 and the city of Delray Beach agrees that it will not exercise any of it~ pri- vileges to terminate said lease as long as any portion of said loan remains unpaid. Passed in regular session on this the 10th day of June 1968. ~. CITY OF DELRAY BEACH City ~·~ . Court RESOLUTION NO. 24-68. 124-M 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 RE- PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. WHEREAS, the City Council of the City of Delray Beach, did, in regular //~/~//~//////~//session held on the 12th. ~_ 26tb of December, i967 & .F....ebruary ~.2 &.Mar~ch .1.1~... !,96,8 declare the existence of a nui- sance upon certain lots or pargels of land, described in a list sub- mitted to them, for violation of the provisions of Ordinance G-147; WHEREAS, pursuant to such declaration, the City Clerk of said City did furnish each of the respective owners of the lands-described in said list with a notice describing the nature of the nuisance and that they must abate said nuisance within thirty (30) days, failing in which the City Council would have it done, and the cost thereof would be levied as an assessment against said property; and WHEREAS, the owners hereinafter named did fail and neglect to abate the nuisance existing upon their respective lands within the time prescribed in said notice and Ordinance G-147, and the City of Delray Beach was required to and did enter upon the following lands and incur costs in abati~ the nuisance existing thereon as described in the aforesaid list; and WHEREAS, the City Manager'of the City of Delray Beach, has, pur- suant to said Ordinance G-ld7 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 CO%INCIL 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-ofi. Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or par- cels of land described in said report, a copy of which is attached hereto and made a part hereof, are Ievii~d against the parcels of land described on said report and in the amou~.ts indicated thereon. Said assessments so levied .shall be a lien upo~...the respective lots and parcels of land.:described in. said report~'~f~..the same nature and to the same extent as the lien for general citY';taxes and shall be col- lectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as city taxes are collect- ible. 2. Tha9 the City Clerk of said Cit,y shall, as soon as possible after the e,~ctive date, record a certified copy of this res°lutio~ in the office, of the Clerk of the Circuit Cou~t in and for Palm Beauh County, Florida, and shall furnish to each ~ the owners named ~n and upon said report ~ notice that the City CouD~%! of the City of Del~ay Beach, did,'~n the. 12th &-26th of December,'I967 &Februarv 22 & March 11 order the aba~.eg~iof a certain nui~ance eX~ting on their descFibed 196~ pr. operty and, ~op.e~$y.owner having failed to abate such nuisance, within the 3Q'~ay! ~.rlod, whereupon it was abated by the citY at costs shown in sai4 re~ and such assessments shall be legal, valid and binding obligation~" U~9~n! t~.._~. ~rope~...~ ~ y agains9.~ w~hich_ said assessments are levied. ~is ~?solu~ ~p S~.a11 ' uae e~ ~_e~ i~e 30 d~ys .f~ ~he ~ . ..~ . ~ ~ , , ~,~ :'~ ~... . . 6~ ~?, ~d a~sessmen, t, , a~.ter whi~ ~.tereS. ~ ~ . shall~, ac,. ~. ue at the, rate of per annu~ on any unpaid pot%ion t~of. ..~ PASSED AND ADOPTED in re~u.lar, ~session on the ~ day of .Ju~e ',' A.D. 19 ,68 ATTEST~ /S/j. L. S~u~ders MAYOR ~/S/ R.. D. 124-N COST OF ~ABATING 'NUISANCES UNDER ORDINANCE NO. G-147. PROPERTY DESCRIPTION OWNER ASSESSMENT December 12, 1967 list. South 25.3 feet of Lot 4 and all of Lot 5, Block 44. Agnes Clakk $ 65.00 December'26, 1967 list. Lots 1246, 1247, 1248, 1249 and 1250, Tropic Palms. Charles E. Schmidt $127.00 South 42 ~eet of North 162 feet.less West 135 feet, Block 71. NuLand, Inc. $ 30.00 February 22, 1968 list. Lot 9, North half of Block 22. Sidney & Alice Fox $ 86¥25 Lot 10, Block 8, Osceola Pa~k~ ,~,~ Adam Olivieri $ 37.75 March 11, 1968 list. ~ Lot 1, Block 6, Atlantic Gardens. Sylvester Berry $ 25.00 124-O ORDINANCE NO. 15-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH~ FLORIDA, REZONING AND PLACIN~ LOTS 1 THROUGH ? INCLUSIVE AND LOTS 12 THROUGH 19 CLUSIVE, BLOCK 12; LOT 12 LESS T~E NORTH 75 FEET, BLOCK 1~ AND THOSE PORTIONS OF TH~ NORTH 75 FEET OF LOT 12, BLOCK 1, AND LOTS 8 TH~ 11 INCLU- SIVE, BLOCK 12, NOW ZONED R-1AA, ALL B~IN~ OSCEOLA PARK SUBDIVISION, DELRAY BEACh. FLORIDA, IN "RM-1 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BF~CH, FLORIDA, 1950". BE IT ORDAINED BY TH~ CITY COUNCIL OF THE CITY OF DELRAY .,. BEACH, FLORIDA: SECTION 1. That .the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the "RM-1 Multiple Family Dwelling District" as defined by Chapter 29 of the Code of Ordinancee of the City of Delray Beach, Florida, to-wit: Lots .1 through 7 inclusive and Lots 12 through 19 inclusive, Block 12; Lot 12 less the North 75 feet, Block 1; and those portions of the NOrth 75 feet o£ Lot 12, Block 1, and Lots 8 through 11 inclusive, Block 12, now zoned R-1AA, al~- being in Osceola Park Subdivision, Delray Beach, per Plat Book 3, Page 2, Public Recoras of Palm Beach County, Florida, and all less any existing S. E. 6th Avenue, as well as In2ra- coastal Waterway rights-of-way. SECTION 2. That the Building Inspector o~ said City shall upon the effective date of this Ordinance change the Zoning Map of Delr8y Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED in regular session on the second and final reading on this the 10th day of June , 1968. /S/ J. L. Saunders .-. ATTEST: /S/ R. D. Worthin~ City Clerk First Reading .....M~Y !_,A,,,, :L9,,68 ................. Second Reading June 10, 1968 12~-A BOARD OF EQUALIZATION JUNE 10, 11, & 12, 1968. The BOARD OF EQUALIZATION for the City of Delray Beach, Palm Beach County, Florida, convened at 10:00 A.M., on Monday, June 10, 1968, in the Council Chambers at the City Hall in compliance with Section 86, Article XVI of the City Charter, following local news- paper 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, presented the Board of Equalization with a recap and supporting information of the 1968 assessed valuations. Mayor J. L. Saunders acted as Chairman or.the Board of Equali- zation meeting and all Councilmen, James H. Jurney, LeRoy W. Merrltt, James B. Wilson and O. F. Youngblood were present. City Manager David M. Gatchel and City Attorney John Ross Adams were also present. Mr. Harry Pittman, 122 S. E. 6th Avenue, voiced his objection to the high assessed valuation placed on commercial property on East 5th and 6th Avenues, and particularly on his property; Lots 13 & 14, Block 110. Tax Assessor Worthing explained the increase in assessed valuation as follows: "Last year, as Mr. Pittman mentioned~ of course there was an increase in the land valuation only due to the fact it was a rein- stated valuation which normally would have been in existance for the past five years due to 'the City Council of 1961 employing a prOfession- al appraisal'firm to appraise all properties within the City. It established, at that time, valuations on all lands within the City; however, at the conclusion of the public hearing held in 1962, at my request, and only at my request, did the Council approve a temporary decrease in the valuation of the land by the extent of approximately 35% due to the fact that I felt that the area, all properties on East 3rd, 4th, 5th and 6th Avenues as well as Ocean Boulevard and Atlantic Avenue, were economically affected and of much less value ~t the time due to the major drainage improvement, the forthcoming ocean out- fall sewer system, and the one-way drive of Federal Highways having been concluded and determined by the State Road Department and others related thereto to affect the valuation of properties from four to five years. Therefore, I recommended the lowering of the valuation of the land which the Council went along with, otherWise~this land value would have been in effect for the past five years. Last year that land valuation was reinstated causing that increase last year. ThisYear the adjustment of the assessed valuation of that prop- erty is due to the directive of the Supreme Court in the Legislature of 1967." Mr. Worthing said the land valuation placed on Mr. Pittman's property is $24,633. building valuation; $5,168. making a total' assessed valuation of~$29,800, for 1968. Mr. Jurney moved to sustain the Tax ASsessors assessment due to the fact that it is comparable to neighboring properties, the motion being seconded by Mr. Wilson and unanimously carried. Mrs. Glowe Garrett, 904 S. E. 3rd Avenue, questioned the assessed valuation of her'property, Lots 19 & 20, Block 10, Osceola Park, the 1968 assessed valuation on that property being: Land, $2,357.;Build- lng, $7,994.; Total, .$10.300. Mr. Jurney moved to sustain the Tax Assessors valuation of said Property, the motion being seconded by Mr.' Youngblood and unanimously carried. Mr. Roy E. Dees, 115 S. E. 6th AvenUe, objected to the assessed valuation on Lots. 21 and 22, Block 118, the total assessed valuation being $13,960.. -1- June, 1968 12 B During discussion, Tax Assessor Worthing informed Mrs. Dees that he would inspect the property next week and if it is warranted she would receive consideration on the assessed valuation of the property. Mr. Wilson moved that the assessors valuation be sustained subject to the offer made by Mr, Worthing that he would inspect the property and if warranted would give consideration on the assessed valuation. The motion was seconded by Mr. Jurney and carried unanimously. Mr. John Booth, representing Booth Westerman, Inc., presented each member of the Board of ~qualization with a data sheet he had prepared on Lots 1 thru 12, Block 82, and commented at length on same° He also stated he had an appraisal of this property by a registered appraiser, and informed the Board of the figures contained in the ap- praisal and compared them to the assessed valuation placed by the City. He asked why there had been such an increase in the assessed valuation of.said property during the past two years. Tax Assessor Worthing said that since receipt of Mr. Booth's letter requesting this meeting with the Board concerning the west half of Block 82, he had reviewed the assessment data as established by the appraisal firm employed by the City Council of 1961 and finds the physical factors of the property accurately reflected on the assess- ment record, and all computations relating thereto, to be correct. Further, the property is equitably assessed with other comparable properties and that he considers the valuation of $277,900 on that property to be just and proper. Hepointed out that the County assessed valuation placed on said property is $276,800. He also pointed out that the increase in the assessed valuation of said prop- erty in 1966 was the reinstatement Of the valuation placed on commer- cial properties by the Appraisers in 1962. Mr. Worthing recommended that action be deferred on this item until he might have the opportunity of talking with Mr. Booth and Mr. Westerman, not with the idea of a reduction of Valuation, but to ex- plain the assessed valuation on the different lots and improvements, and that this item be acted on, possibly Wednesday, while this Board is still in session. This item was unanimously deferred until Wednesday, until the Tax Assessor has an opportunity to discuss same with. the owners, on motion by Mr. Youngblood and seconded by Mr. Merritt. Mr. Frank A. Babicz, 109 N. E. 9th Street, complained of the high assessed valuation of his property, Lots 24 & 25, Block 10, Dell Park. The 1968 assessed valuation of the property is: Land - $2,400; Build- ing - $19,323; Total - $21,700. Following lengthy discussion, Mr. Youngblood moved to sustain the Tax Assessors assessment, the motion being seconded by Mr. Merritt and unanimously carried. Mrs. John J. Dubon, 209 N. E. 9th Street, questioned the high assessed valuation of her property, Lot 19 & west 10 feet of Lot 20, Block 9, Dell Park, the 1968 assessed valuation being: Land - $1,440; Building - $9,656; Total - $11,!00. Following an explanation by the Tax Assessor as to how the etlon is arr~ved at, and that it will receive an additional deprecia- tion on the improvement thereon in 1969, the Board unanimously sustain- ed the Tax Assessors valuation, on motion by Mr. Wilson and seconded by Mr. Youngblood. Mr. Ted Jakomas referred to his property located on N. E. 5th Avenue and 1st Street, Lots 12 & 13, Block 100, ~nd stated that he feels he is being penalized by taxation by building an attractive expensive building which adds to the beauty of Delray Beach, when he could have built a much less expensive building.and had more return in profit to himself. Tax Assessor Worthing informed the Board that upon learning Mr, Jakomas planned to appear at the Board of Equalization he had checked the computations on that property and had found an error which reduced -2- Bd. of Eq. June, 1968 the total assessed valuation, on that property from $105,200 to $84,700. Mr. Merritt moved to sustain the Tax Assessors amended assessment, the motion being seconded by Mr. Wilson and unanimously carried. Mr. Roy Brady complained of the high front foot assessment of commercial zoned properties on N. E. 3rd Avenue in comparison with .. high-grade residential areas. He also said he feels the assessed valuation is too high on his property at 324 N. E. 3rd Avenue, Lot 18, Block 81, the assessed valuation for 1968 being: Land - $5,800, Building - $6,332, Total - $12,100. There was'discussion of the front foot assessment of various streets. Mr. Wilson moved that action be deferred on Mr. Brady's property until the Tax Assessor has had a further opportunity tO review the case~ and it be reported back to the Board on Wednesday. The motion was seconded by Mr. Jurney and carried unanimously. The meeting adjourned at 12:10 P.M., until 1:30 P.M. The BOARD OF EQUALIZATION reeonvened at 1:30 PoM., with Mayor Saunders and Councilmen~ Merritt, Wilson and Youngblood being present. Tax Assessor Worthing read a letter from Mr. Joe A. Stamps, Deerfield Beach, owner 'of Lots 357 and 386, Tropic Isle, protesting the assessed valuation of $4,640 on each of those lots. Mr. Wilson moved that the 1968 assessed' valautiOn ofsaid property be upheld,, the motion'being seconded by Mr. Merritt and unanimously carried. Mr. Worthing read.a letter from Mrs. Janet S. Scott Hayden, 324 N. W. 18th Street, concerning what she considers too high an assessed valuation on her property, Lot 7, Block D, Third Addition to High Acres, and giving $31,000 as the valuation. The Board unanimously sustained the 1968 assessed valuation of 'the Tax Assessor on said property in the amount of $26,700 on motion by Mr. Merritt and seconded by Mr. Youngblood. The Board asked that proper letters be written to the different individuals who have written in concerning their assessed valuations. A letter was read from Mr. M. M. McMurrian, owner of Lot 9, Nichols Second Addition, requesting that the assessed valuation of that property be reviewed as he feels it to be excessive. Mr. Worthing reported that he had reviewed this item and feels the total assessed valuation in the amount of $14,700 to be fair, just and equitable. The Tax Assessors assessment was unanimously sustained, on motion by Mr. Merritt and seconded by Mr. Wilson. Concerning the depreciatiOn of buildings, Tax A~sessor Worthing informed the Board of Equalization that it is his intention to.increase the 1% depreciation of all wooden buildings to .l~per year, and that the depreciation of block buildings remain at 1% per year, up to a maximum of 65%. The Board expressed agreement to a higher rate of de- preciation than is now being used by the City. Mr. Worthing read a letter from Mr.'Albert E. Flad, 926 Allamanda Drive, Concerning Lot 164, TrOpic Isle, and a complaint that he feels the increase in Valuation for 1968 is unrealistic. Mr. Worthing said that he sees no basis for adjustment of said valuation~as it is equi- table with all other properties in the area. The Assessorsvaluation was unanimously sustained, on motion by Mr.'Wilson and seconded by Mr. Merritt. Tax Assessor Worthing informed the Board .that Mr. &Mrs. E. J. CaSsilly, 102 N~ E. 8th Street, asked that the Board review the 1968 aSsessed valuation placed on their property, Lots 18 & 19, Block 1, -3- Bd. of Eq. June, 1968 8~ Del-Ida Park. Following assurance by the Tax Assessor that the Valu- ation is proper, just and equitable with all comparable properties, the valuation was unanimously sustained, on motion by Mr. Wilson and seconded by Mr. Youngblood. Mr. Worthing read a letter from Mrs. Fana W. O'Neal, 530 North Swinton Avenue, saying she felt her property, Lots 1 & 2, Block 1, Lake'View Heights, is assessed too high at $25,300. Following ex- planation by the Tax Assessor that the valuation is just and equita- ble with comparable properties, the valuation placed by the Tax Assessor was unanimously sustained, on motion by Mr. Youngblood and seconded by Mr. Wilson. A letter from Ella Auer Suominen, 518 $. E. 5th Avenue, was read concerning the increase in assessed valuation of his property, Lot 2, Block 3, OSCeola Park, being assessed at $10,200.00 which increase he said he feels is not warranted. The Tax Assessor pointed out this property is now zoned C-2 (General Commercial District) and the land value represents almost half of 'the assessed valuation of that property. It was pointed out that the building would receive depreciation in 1969. The Tax AsSessors valuation was unanimously sustained{ on motion by Mr. Wilson and seconded by Mr. Youngblood. A letter was read from Mr. Frederick P. Hagaman, 622 Sea Sage Drive, asking.that the assessed valuation of $31,800.00 on his Lot 10, Block 16, Seagate Section "A" be reconsidered. During explanation of the arrival at such an assessed valuation, the Tax Assessor said he feels it to be a just, fair and equitable valuation of said property. The Tax Assessors valuation was unanimously sustained, on motion by Mr. Merritt and seconded by Mr. Wilson. The Tax Assessor read a letter from Texaco Inc., concerning their property at 302 N. E. 6th Avenue, being the EaSt 85 feet of Lots 13 & 14 less the East 5 feet, Block 105. They asked for a review of the valuation of the property as it is on the left side of a one-way traffic flow on U. S. ~ 1, and said the building is fully depreciated on their books and is now obsolete. The 1968 assessed valuation of said property is as follows: Land and building - $25,700; Personal Property - $2,520. Following explanation of the assessment, depreciation, etc., the Board unanimously sustained the Tax Assessors valuation, on motion by Mr. Youngblood and seconded by Mr. Wilson. The Tax Assessor read a letter received from Dr. Edward Bo DeSilva, 910 Allamanda Drive, concerning what he considers too high an assessed valuation on Lots 167 and 168, Tropic Isle, since a recent rezoning of properties into an RM-1 Zone in that area, and of the closeness of commercial property on South Federal Highway. The 1968 assessed valuation on vacant Lot 168 being $3,830. and on Lot 167 an assessed valuation of: Land- $5,128.00, building - $27,907.00; Total - $33,000.00. The Tax Assessor said he considers this valuation, having been based upon fair, just and equitable basis to all other comparable properties, to be a true and fair valuation. Further, this property will receive 5 per cent depreciation on the improvement next year. Mr. DeSilva informed the Board that the County had reappraised his property and made a considerable reduction in theassessed valuation. Mr. Worthing was asked if he could verify the fact that the County did make a considerable reduction in valuation, and action on this item was unanimously deferred until Wednesday, June 12, 1968, on motion by Mr. Merritt and seconded by Mr. Youngblood. The Tax Assessor presented a letter from the Direct Oil Corporation concerning Lot 1, Block 1, Sophia Frey, the 1968 assessed valuation being $25,800.00 in that they cannot see such value in that property, and comparable pieces are go~ g for less. 12~'E It was pointed out that the increase in the assessed valuation of this property in 1967 was due to the reinstatement of the valuation placed on commercial propertiesby the Appraisers in 1962. Further, this is considered a fair, just and equitable assessment. The City Tax Assessors valuation on the subject property was unani- mously upheld, on motion by Mr. Wilson and seconded by Mr. ¥oungblood. There being no more letters to consider, and there being no requests by individuals to appear before the Board of Equalization at this time, the meeting was adjourned at 3:00 P.M. The BOARD OF'EQUALIZATIO~ reconvened at 10:00 A.M., Tuesday, June llth, 1968, with Mayor Saunders and Councilmen Merritt, Wilson and Youngblood being present. .Mrs. Signe Rasmussen, 265 N. E. 5th Avenue, owner of Lot 4, Block 106, said she feels the assessed valuation of her property is too high, also that the valuation of property on the left side of a one- way Federal Highway should not be as high as property.on the right side. FolloWing discussion, the Board of Equalization sustained the Tax Assessors 1968 assessed valuation of said property in the amount of $140100.00 on motion by Mr. ¥oungblood and seconded by Mr. Wilson. Mr. Hugh Vogl, of Lake Ida Development Corp., owner of unimproved lots in the northwest area of the City, said he feels the assessed valuation of 31 unimproved lots in Lake Ida Shores First Addition in the amount of $.96,700.00, and of 13 lots in Lake Ida Shores in the amount of $78,100.00 is too high. It was made known to the Board that these lots, for a period of ten years, had been taxed only ten dollars per lot per year as a result of a tax moratorium, said tax moratorium expiring in 1967. Tax ASsessor Worthing said he felt the 1968 assessed valuation to be fair, just and equitable. He also informed the Board that said lots have sanitary sewers available to them. Following lengthy discussion, and a suggestion by a member of the Board of Equalization, and the Tax Assessor, Mr. Vogl said that he would write a letter to the City Council seeking a two year extension of the tax moratorium on those properties. Mr. J. W. Nowlin~ Sr. appeared before the Board representing Joan Anesey, owner of Lots 3~ 4, ~ & 6, Block 76. He said he felt the 1968 assessed valuation of $27,251 on land, $33,058.00 on building and a total of $60,300.00 is too high for that property, and suggested that the building value be lowered. Following a question by Mayor Saunders, Tax Assessor Worthing said he did feel that the building valuation is too high, and that it would be in order to depreciate the 44 year old building an additional 10 per cent which would reduce the building value approximately $2,700.00. Mayor Saunders polled the Board and all agreed that the 44 year old building receive an additional 10 per cent depreciation. Attorney J. W. Nowlin inquired as to the assessed valuation of the Walter A. Wecker property on North Ocean Boulevard. The Tax Assessors 1968 assessed valuation on Lot 1, Crestwood being $53,400.00 and on Lot 4, Hammond Property $20,830.00. Said valuation was unanimously sustained,on motion by Mr. Youngblood and seconded by Mr. Merritt. Mr. James Lynch, owner of Lot 1, Block 3, Delray Beach Highlands Section 1, asked the reason for such a high assessed valuation on his property. He was informed that according to the dictates of the Florida Legislature, the property is assessed at 100 per cent valua- tion, that being $11,200.00 for 1968. The Tax Assessors' 1968 assessed valuation on said property was unani- mously sustained, on motion by Mr..youngblood and seconded'by Mr. Merr~.~. t2~-F The meeting adjourned at 11:20 A.M., until 10:00 A,M., Wednesday, June 12th, 1968.. JUNE 12, 1968. The BOARD OF EQUAliZATION reconvened at 10:00 A.~., ~Wednesday, June 12, 1968, with Mayor Saunders and Councilmen Merritt and Wilson being present. Tax Assessor worthing read a letter from Mr. Ernest Deutsch, owner of Lot 18, Block 77, in which he stated that the 1968 assessed valua- tion of $19,000.00 he thinks is out of line. Further, after a re- evaluation by the County they reduced their assessed valuation from $23,730.00 to $15,600.00. The Tax Assessor said that he considers his assessed valuation to be fair, just and equitable. Mr. Merritt said he is very familiar with the building located on that property and that it is in very bad condition. The Tax Assessor said that with a member of the Board being truly familiar with the condition of the building, it is within reason to grant a 10 per cent reduction of the valuation of the improvement only. Mr. Wilson moved that the assessment on the building valuation of said Lot 18, Block 77, be reduced 10 per cent in view of the present deplorable condition of the building. The motion was seconded by Mr. Merritt and carried unanimously. The Tax Assessor read a letter from Mr. R. W. McDowell, owner of the Delray Beach Country Club and other properties, in which he stated that he felt the 1968 assessed valuation of $32,450.00 for eight lots in Golfview Estates is too high Following discussion, the Tax Assessors valuation was unanimously upheld, on motion by Mr. Wilson and seconded by Mr. Merritt. Concerning a letter from Dr. Edward B. DeSilva, relative to the 1968 assessed valuation of Lot 167~ Tropic Isle, which was presented to the Board on Monday, June 10th, Tax Assessor Worthing informed the Board that he did contact the County Tax Assessors Office and was in- formed that after a request from Dr. DeSilva they had made a resurvey of the property and reduced the assessed valuation for 1967 from $38,280.00 to $33,600.00, and then to $30,200.00. The Tax Assessor informed the Board that he sees no possible reason for making any recommendation for depreciating the valuation of Dr. DeSilva's property on Lot 167, Tropic Isle, which is now $33,000.00. Mr. Merritt moved that the assessors assessment on the property of Dr. DeSilva be sustained, the motion being seconded by Mr. Wilson and unanimously carried. Concerning the property of Mr. Roy Brady, Lot 18, Block 81, located on N. E. 3rd Avenue, that was brought to the attention of the Board on Monday, June 10th, the Tax Assessor informed the Board that he had talked with Mr. Brady who is pleased with the assessed valuation of his property and desires no further consideration by the Board. Concerning the property owned by Booth Westerman, Inc., being the West half of Block 82, which was brought to the attention of the Board on Monday, June 10th, the Tax Assessor informed the Board that he had consulted with Mr. Booth and Mr. Westerman who are both in accord with the City's 1968 assessed valuation and do not desire any further consideration by the Board of Equalization on that assessed valuation of $277,900.00 which was unanimously sustained by the Board, on motion by Mr. Wilson and seconded by Mr. Merritt. The Tax Assessor informed the Board that he had received a call last week from the Southern Bell Telephone & Telegraph Company, Tax Consultant and Attorney, concerning the assessed valuation of their property in Block 94, Lots 18, 19 and 20, and had talked as though he may appear before the Board of Equalization concerning the 1968 ~ assessed valuation of $262,100.00. -6- Bd. of Eq. June, 1968 The Tax Assessor said if this is the concluding meeting of the Board of Equalization he would like to remind the Board that if they have concluded the revision and equalization of the 1968 Assessment Roll, as submitted, the Roll should be returned to the Tax Assessor, subject to any changes or revisions due to the Board's Equalization, together with a certificate of the Mayor and the City Clerk, that said roll has been revised and equalized. He continued as follows: "I might add that a provision of law is such that said roll may only be changed thereafter to reflect any omission or errors in computa- tion of assessed valuations which may be found to exist and be a fact." Mrs. Marjorie Evaul of Alberta-Beale, Inc., owner of Lots 19 and 20, Block 101, said she felt the assessed valuation to be too high and asked why the front foot value of land in the block just south of Atlantic Avenue was so much higher than in the block just north of Atlantic Avenue. The Tax Assessor said there is further depreciation due this proper- ty in 1969 on the next Assessment Roll. It was made known that the 1968 assessed valuation of said property is $32,650.00 on land, $41,665.00 on buildings, with a total of $74,300.00. Mrs. Evaul reported this total valuation had been higher when she first made an inquiry and it had been adjusted by Mr. Worthing down to the $74,300.00. In a detailed comparison of the two properties on East 5th Avenue at 1st Street South and 1st Street North, being the Alberta-Beale property and the Ted Jakomas property,. Mayor Saunders said he feels there is an inequity which should be corrected. Tax Assessor Worthing said it is his intent, for 1969, to review 2nd, 3rd, 4th, 5th and 6th Avenues front foOt values for four blocks each way from Atlantic Avenue, as he is not necessarily in accord with the valuations provided by the APpraisers in 1962. During lengthy comments, the Tax Assessor said this property could afford being granted a 10 to 15 per cent rediction in the value of the building. Mr. Wilson moved that the Board act on the City Tax Assessors recom- mendation that the further depreciation factor of 10 per cent on the building of the Alberta-Beale apartment property be allowed. The motion was seconded by Mr. Merritt and carried unanimously. Tax Assessor Worthing said he did not know if the Board would have to reconvene this afternoon and continued: "If it is the desire of this Equalization Board, inasmuch as it has already complied with all requirements of the State Statutes and the City Charter of Delray '. Beach, the Council, sitting as a Board of Equalization, might at this time, in compliance with Section 86 of the City Charter, hereby cer- tify that the 1968 Assessment Roll has been revised and equalized and there shall be no changes thereon otherwise made unless provided by law, and that would be exactly as I mentioned earlier. I might add that a provision of law is such that the roll may only be changed after certification by the Equalization Board to reflect any omission or error in computation of assessed valuation which may he found to exist and to be a fact." The Assessment Roll for 1968, as adjusted, was accepted and so certified to the Tax Assessor, it having been determined equalized and equitable. The meeting adjourned at 11:45 A.M. R. D. WORTHING City Clerk -7- Bd. of Eq. June, 1968