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10-14-68
1.87 OCTOBER L4, ~968. A regular meeting o~ the City Counei! o~ Delray Beach was held in the Council Chambers at 8:00 P.M., with Mayor J. L. Saunders in the Chair, City Manager David M. Gatchel, City Attorney John Ross Adams, and Councilmen James H. Jurney, LeRoy W. Merritt, James B. Wilson and O. F. Youngblood being present. 1. An opening prayer was delivered by the Rev. W. Arthur Sprui11. 2. The Pledge of Allegiance to the Flag of the United States of America was given, ~ .. 3. The minutes of the regular Council meeting of September 23rd, 1968, were unanimously approved, on motion by Mr. Jurney and seconded by Mr. Wilson. 4. City Clerk Worthing read the following note from Mrs. Pat White, Program Chairman, dated october 5, 1968~ "I'd like to thank you for your ad in the Delray Beach Rocks Football Program. It's~ verygOOd feeling to know how the City supports our youngsters." 4. The City Clerk read the following Telegram from Mr. George Boughton, dated October 14, 1968: '"The Colony Hotel and Cabana Club strong!y opposes Ordinance No. 27~68 and'~'the building of a bridge in the area proposed. 'This would hinder development of .the present character, increase traffi~ on AIA and. possibly damage the whOle atmosphere 0~ the ''~ ocean 'front. This would hurt Delray." ~'~. City 'Clerk Worthing read the foilowing letter from Rober't 'J.. ~lpepper and Leelan C. Jewel1, dated September 23., 1968, and Mayor Saunders'aSked that said'le~ter be madea part ~of the ~inutes of this meeting-. "We are asked many tlme~ during OUr'~Ompaigns for our position on the access-roaas to I 95 in' the South county area. Many of your citizens have requested our views. However as we try to get to the people it is apparent that we cannot dis- cuss this position with each of ~hem and'we are confident that you as their~ elected officials can recognize this problem. Therefore we wish to take this opportunity in your public meet- lng to join wit~ commissioner Bud Weaver with his'consent to state that we firmly believe that these roads are the responsi- bility of the CoUnty and Pledge'to support you in obtaining these roa~s from the co.unty budget. We are concerned with the county as a whole and acknowledge~ with regret the past performance of the county commission and its attitude towards your roads which are so vitally needed for future development. Therefore .please. accept th!spledge of co-operation on our behalf and make it a part of the'minUtes of your commission meeting. We look forward %0 being of service to you and your citizens through government for all of the people of Palm Beach County." 5. 'Mr. Jurney presented theMayor and COuncilmen and several members ~f the' City Administration with brass keys from the Ben Aire Hotel mounted on attractive wall plaques. Mayor Saunders, speaking for th9 recipients of the keys~ t%anked Mr. Jurney for his nice gesture. -1 - 10-14-68 188 5. Mr. Merritt said the Delray Beach Jaycees are havinga tremendous year under their President Mr. jim 6rady, and the date of their "Jr. Miss Contest" is drawing near. He asked Council permissionfor use of the Community Center for that actiVity which will be held. on Satur- day, November 2.3rd, With tW°~praCtice dates on the nights of November 19th and 22nd. ' Mr. Merritt then moved that the JaYcees be granted permission 'to use the Community Center on those dates, proViding'all rules and regu- lations are met for use of the Community Center. The motion was sec- onded by Mr. Wilson and'Carried unanimously. 5. Mr. Merritt referred to a call he had received concerning a parking lot on S. E. 7th Avenue, and said he understands the City Manager and Mr. Abbott, Director of Planning, Zoning & Inspection, are working on said item. 5. Mr. Wilson reported he had received a large number of requests that were routine innature and had been turned over to the CityManager for proper action. Mr. Wilson reported he had received a call from Miss.Marion Cousins~. 42 S. E. 7th Avenue, concerning a~arking lot mentioned by Mr. Merritt, and when he went to'investigate.same he'washappy to observe that the City Planning Dire6tor Was~on the job~ 5. Mr. Wilson ~ead the following letter from the Garden Club Presidents' Parley, signed by MtSo Corinne F. Neff, Secretary: "The Associated Garden Clubs of Delray Beach, through a co- operative effor~have completed a beautifi~ion project at the Veterans of Poreign~Wars Monument in the Ci~ Park- · At this time we wish to officially tufa:{% over to the City forenjoyment and maintenance. The. garden clubs have placed a key-stone terrace, painted the monument and installed extensive surrounding plantings at the cost of approximately $2,000:. We have been haPPy to do this as we feel tha$ it has enhanced ~he attractiveness of the Atlantic Avenue approach to the park, It is our hope that adequate sprinklers and maintenance will be provided, SO that the improvements we have made. will be pre- served~" Mrs. LoWell ~rn and Mrs. Ea,' Schmidt, members of the Garden Club President's parley, were introduced. 5. Mr. Youngblood said he is interested in what is going on on N. W. 5th Avenue, and referred to the'killing that took place in Greens Bar last night. He' said he thinks it is time for the City to think in terms of penalizing in some ~ay the people that are operating those places of business. It was pointed out that the killing took place at approximately 7~00 P.M. and had nothing to do With the late closing of bars in the City. 5.. Mayor Saunders read a Proclamation urging all citizens to observe Thursday, October 24th~ 1968, as UNITED NATIONSDAy. 5. Mayor Saunders introduced two VISTA Volunteers, Miss Karen Keefer of California and Miss Carmen ArmendariZ of New Mexico, who are located in Delray Beach. 6.a. COncerning a survey of land'in violation of the City's nuisance laws,.presented by the City Manager, Mr. Wilson moved that the City Clerk be instructed to proceed with the enforcement of Chapter 15 of the City Code of Ordinances, the motion being seconded by Mr.' Youngblood. and unanimously carried. (Copy of nuisance survey is attached to the official copy of these minutes.) See pages 196-A-B. -2- 10-14-68 : .89 6.b. City Clerk worthing reported that, based upon an offer of purchase submitted to Council on September 9th by Mr. Anthony H. Holliday, Sr., for Lots 26 thru 32,. Block. 40, the Administration was directed to pro- vide for a public auction and said auction was held in the City Hall at 4:00 P.M., Thursday, September 26th, Mr. Holliday being the high bidder with an offer of $4,800; further, Council may deny or a=cept this high bid-of $4,800 for said property. Mr. Holliday's bid was unanimously accepted, on motion by Mr. Wilson and seconded by Mr. Jurney. 6.c. Regarding Supplemental Agreements Nos. 2 and 3, affecting the contract of Cambron Construction, City Manager Gatchel reported to Council as follows: "Certain minor changes in construction, by Cambron Construc- tion Company, of the Southeast Interceptor project, have been determined advisable, and in the best interest of the City, by the contractor and the City's Consulting Engineers - Russell & Axon. SupplementalAgreement No. 2, provides for installation of two new 6-inch valves and one 8-inch valve in the water line relocation along Highway U. S. 1, made necessary by the in- stallation of the Sewer Distribution Lin~ along South Federal highway. Total cost for supplying and providing installation of said valves is $3!$.00. SuPPlemental Agreement No'. 3~ provides for a slight change. in location and Construction of Lift"Station No. 3'4; Tropic Palm's, which~altera{i°n, 'from th~'orlglnal design, ~raS'~eque~st- ed by the City's Director of Public Utilities, 'Mr.-Dale Christison. Said Change.is further recommended by theconsult- lng Engineers. No extra COst inv01Ved ~as been agreed upon by the Contractor. ~'- Council approval of Change Orders, co%ered by SupPlemental Agreements Nos. 2 and 3, is recommended and concurred in by the Director of Public Utilities, Superintendent of the Water Plant, and the Consulting Engiheers -Russeil a Axon." Said Supplemental Agreements Nos. 2 and 3, were unanimously approved, on motion by Mr. Youngblood and seconded by Mr. Wilson. (Copy of said Supplemental Agreements ale attached to the official copy of these minute's.') ~ee pages 196-C~G. 6.d. The City Manager informed Council 'that the' Library hms advised that it does not wish to participate in the General Employees Pension Plan, and at Budget discUsSion meetings'with Library r~presentatives, it was agreed that if such participation was determined'not to be pro- vided for, the 'then 'estimated cost for"such 'pr0vfsio~, ~amely $1,831. would be transferred fr~m the pension Contribution Account t© the Library Budget; further,'[t is, therefore,' recommended %ha~ said amount of $1.831. be' authorized transferred from the Pension Contribution Account 910 87'5 490 to the Library's Budget 910 600 ~90. Said"transfer was unanimously authorized', '0n motio~..bY Mr'. Wilson and seconded by Mr. Jurney. 7.a. Council was informed that a petition has been rec6ived requesting transfer of Liquor License No. 629, current[y held by Merritt Island Land Co., Inc. to Mayfair Manor Hotel's new owner the Joesal Corp., represented bY its President, Mr. Ralph G. Lovelk; f~[ther, in ~iew of the aPPIicant having been investigated in the usual manner a~d approved by City and State Beverage. Department officials, 'it iS recommended that the transfer of License No. 629, as. re~ue'Sted, be' granted. The transfer of said license was unanimously granted, on motion by Mr. Jurney and seconded by Mr. Wilson-. · 7.b. Council was informed that a request has been received peti- tioning for transfer, of Liquor License No. 41~, currently held by Mr. Frank Benz, operating as the Heidelberg Theater· Restaurant, Inc., to ti 90 Francis Peter Wenderoth who recently acquired the business; further, this applicant has been investigated in the usual manner by the law enforcement division of the City, as well as the state Beverage De- partment, and having been approved by those agencies, it is recommend- ed that the Petition .for transfer of said License No. 413 be granted. The transfer of said license was unanimously granted, on motion by Mr. Youngblood and seconded by Mr. Wilson. 7.c. City Clerk ~rthing informed Council that Dr. Charles W. Vogler, 17 N. W. 3rd Street, petitions for a gratis license on the grounds of being 65 years of age, or older, and it is recommended that Council grant said request for a gratis license, as provided in Section 16-4 of the City's Code-of Ordinances. The request for gratis license was unanimously approved, on motion by Mr. wilson and seconded by Mr. Youngblood. 7.d. The Council was informed tha~ the' COMMUNITY CHEST SERVICES, sup- porting 25 agencies request permit to solicit funds within the City from February 5th to February~ 1969, with letters being mailed during the months of November, 1968 and January, 1969; further, the Charitable Solicitations Committee, per letter dated September 20, 1968, recommends approval of the petition, with Council endorsement. Said petition was unanimously granted, on motion by Mr. Youngblood and seconded by Mr. Merritt. 7.e. Concerning a request, City Clerk Worthing reported to Council as follows: "The Board of Public Instruction of Palm Beach County has petitioned Council for additional lands, adjacent to Carver High School, enabling the School to carry out the State Depart- ment of Education's recommendation for a Horticultural Program to be conducted by the School in addition to its present cur- riculum. At a recent workshop meeting, Council indicated its desire to aid such a program through making available, for such pur- pose, the five acre tract of land, adjacent to, and south of, the School Board's Carver High School property lying between S. W. 12th & 14th Avenues. A Lease, therefore, has been prepared reflecting the leasing to the Palm Beach County Board of Public Instruction, by the City of Delray Beach, a five-acre tract of land, being the North % of the East % of Model Land Company's L"ot 18, in Section 20-46-43. This lease provides for its effectiveness upon execu- tion thereof, and to terminate July l, 1969, with the understand- ing and agreement that said lease shall be renewables, on a year to year basis thereafter, terminable by either pa~y upon due notification of such desire. Authorization, for execution of this prepared Lease having been examined and approved by the City Attorney as to form and provisions, is recomme~de~." Mr. Wilson moved that the Lease be granted, as outlined, the motion being seconded by Mr. Merritt and unanimously carried. (Copy of said lease is attached to the official copy of these minutes) See pages 196-H-I. 7.f. City Clerk Worthing informed Council of a petition having been received from all owners of property abutting a ten-foot platted, but never opened, alley (135 feet in length) in Block 3, Rio Del Rey Shores subdivision, requesting abandonment of said alley, and that it is the intent of the property owners to replat said land, which com- prises Lot 9, Block 13, Osceola Park, and Lots i and 2, Block 3, Rio Del Rey Shores, for immediate development thereof; further, Council may grant or deny this request, however, it is suggested that it be referred to the Planning and Zoning Board for. review and reCommenda- tion thereon. Mr. Merrittmoved that said request be referred to the Plahning and Zoning Board, the motionbeing seconded by Mr. Jurney and unanimously carried. -~ -4- 10-14-68 7.g. Council was informed that the Womens Missionary Prayer Fellowship of the Delray Beach Alliance Church petitions for use of the gymnasium and kitchen in the Community Center on Tuesday, october 29th,' commenc- ing at 12:15 P.M.; further, such usage of-the auditorium will not con- flict with any Community Center programming, and having the approval of the Recreation Director, it is recommended that the request be granted. The request was unanimously granted, on motion by Mr. Youngblood and seconded by Mr. Wilson. 7.x. Mr. R. E. Fry of St. VinCent CYO group asked for use of the Community Center for a dance to be conducted on Saturday evening, October 26th. Mr. 'Wilson moved that Mr. Frey's request for use of the Community Center, as outlined by him for the night of October 26th, be granted subject to its availability at that time. The mo~,ion was seconded by Mr. Merritt and carried unanimously. Mr.' Fry was directed to fill out an application~"form at the Com- munity Center for that date. 8.a. City Clerk Worthing presented R~SOLUTION NO. 39-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHI.I~ SAID cITy; SETTING OUT ACTUAL COSTS IN- CURRED BY SAID CITY TO ACCOMpLisH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF .SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LImN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 39~68 and attachment are attached to the of- ficial copy of these minutes.) See pages 196-J-K. Resolution No. 39-68 was unanimously passed and adopted on this first and final reading, on motion by Mr. Merritt and seconded by Mr. Youngblood. 8.b. The City Clerk presented ORDINANCE NO. 25-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY' BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE' 43 EAST, W~ICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS 'OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. 2115 South Ocean Boulevard Ordinance Nol 25-68 'was unanimously placed on first reading, on motion by 'Mr. WilsOn and seconded by Mr. Jurney. 8.c. The City Clerk preSented ORDINANCE NO. 26-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY oF DELRAY BEACH, FLORIDA, AMENDING SUB-SECTION (6), SECTION 29-7.5, CHAPTER 29, CODE OF ORDINANCES OF THE CITY PERTAINING TO BUILDING SETBACK LINES ALONG A PORTION OF OCEAN BOULEVARD (STATE ROAD AIA). Ordinance No. 26-68 was unanimously placed on this first' reading, on motion by Mr. Merritt and seconded by Mr. Jurney. 8.d. The City Clerk presented ORDINANCE NO. 27-68. AN ORDINANCE OF THE' CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORi'~A, AMENDING'SECTION 29-8.2, CHAPTER 29, CODE OF ORDI- NANCES OF THIS CITY BY AMENDING SUB-SECTION (C) PERTAINING TO SETBACK REQUIREMENTS WITHIN a cERTAIN AREA OF THE CITY OF DELRAY BEACH. -5- 10-14-68 '1.9'2 Mr. Jurney moved that this Ordinance No. 27-68 be tabled for a work- shop meeting and after said workshop meeting it be voted on at the next regular Council meeting, The motion was seconded by Mr. Merritt and upon Call of roll, Mr. Jurney, Mr. Merritt~ Mr. wilson and Mr. Youngblood voted in favor of the motion, and Mayor Saunders was opposed. City Attorney Adams said that at the workshop meeting on this item the County had a proposed map that would be recorded following Council approval of said map. It was pointed out that Ordinance No. 27-68 and the map are very closely tied together, and if one is tabled the other would also be tabled. 9.a. City Clerk Worthing informed Council that relative to the pro- posed multiple family dwelling construction and development of the vacant land lying between the Intracoastal Waterway and the Delray Beach National Bank, adjacent to and north of East Atlantic Avenue, the Planning'and Zoning Board, as a result of request from the intend- ed developer of said tract, did hold a public hearing for Site Plan consideration of plans for development thereof as submitted by the property owner; further, the Board, one member being absent, unani- mously recommends that Council accept the Site Plan for development of the lands described in the Board"s report, dated October 10th, and in conformity with the provisions of Chapter 29-7.5% of the City's Code'of Ordinances, grant the special exception. Mr. Youngblood said that inasmuch as this matter has been discussed in the workshop meeting and that it seems feasible to the Planning & Zoning Board, he would move that Council accept the Site Plan for this development, the motion being seconded by Mr. Wilson. Mr. Merritt said that several members of the Traffic and Parking Committee have expressed some concern over the traffic situation and have asked him, as Chairman, to call a meeting of that Committee in order that they may have the opportunity to discuss same and look over the situation; therefore, in view of that he would move that this item be tabled until the next regular meeting. The motion was seconded by Mr. Wilson and upon call of roll, Mr. Jurney, Mr. Merritt and Mr. Wil~on voted in favor of the motion, and Mr. Youngblood and Mayor Saunders were opposed.. 9ob. City. Clerk Worthing read the Beautification Committee meeting minutes of September llth and October 9th, 1968, with a request for Council action on the following paragraph of the October 9th minutes. "In light of the new development at the south end of Delray, Mr. Gooder suggested that some effort be made 'to screen the city dump. Mrs. Evaul moved that the Council consider obtain- ing Australian or New Zealand Pine seedlings from the State Forrestry Department which could be used as a rapid growing screen (Seconded and unanimously passed). (Action requested}" Following discussion, Mayor Saunders suggested that no action be taken tonight on installing such a hedge, but that same be kept in mind and if the moving of the city dump does not materialize the hedge can be put in. Mr. Youngblood said he thinks the Beautification Committee should be commended for the fine work they do. 9.x. Mr. Wilson said. that he feels'the mere reading of the letter from the Garden Club Presidents' Parley, read earlier tonight, is hardly adequate recognition for those women, and suggested that a properly worded resolution be prepared, expressing the City's appreciation of their very fine work, and at a subsequent meeting it be presented to a representative of the Garden Clubs represented in t4nis project at the City Park. The Mayor and Councilmen expressed their agreement to that sugges-. tion. -6- 10-14-68 10,a. Mr. Alfred Straghn, representing the Christian Movement for Civic Action, and speaking for himself as an interested resident of that area, asked Council if they can come up with something in co- operation with the Police Department regarding the area from N. 4th Avenue to N. W. 7th Avenue, from Atlantic Avenue to N. W. 1st. Street, particularly on Friday and Saturday nights, in policing and having order in that area before some innocent person is hurt. Mayor Saunders asked the. City Manager to consult .with the Chief of Poll!ut on this matter and ~f necessary the Council w~ll have a work- shop '..meeting concerning same as he feels it is a very serious problem and should be handled immediately. 10.a. Concerning Agenda Item 9.a. and the development of property by the Bart Company of Florida, Mrs. Dorothea Montgomery said she is con- cerne~ with the time schedule on the pile-driving for said construc- tion~, and asked how soon that work could be completed. Mr. Charles Bart-of the Bart Company said they had their goal set, and icommitments made, to start the building the last week in October and to have the piling down during the month of November, but a delay in "the approval of their Site Plan would change that. Mayor Saunders said if there is a workshop meeting between now and the 30th of October, it may be possible to have a special meeting-to act on that item. . ' Mr. Merritt, Chairman of the Traffic & Parking Committee, said he could program the meeting of that Committee for.'-the f~..ir~t O,f_n. ext week. - ~ Mr.' ~Barr~ -said he had: a "cO~p~ete"-'t~af~i'c surVe'y' maue"nY"a)~xn~ re- ,~,,s~' '*-~ ~m -a' ' was ~oin~' o~ -work'" in" DelraY :Bea:Ch~ "and~' th:eir ~omme ....... ' _.e_._ that , _ :.: ...... : repo~ was :favo~abi_.e~ in, every way'....' . .':-': ': '~.:"- : - agailabie fo~ that commit'tee meeting,''ar~ said' ~ha%':he'w°uld~ notify '~Lr'. ~arr:"0f' the":~eet~g "a~te'.:- '" ..... "~''':'" ~ ' ~ ~'~' '/~:~'''''' ' ,., ~ . . ,. .. . .. .... .., ~ ,. :, ~,-, r 10.a.' ~. o. 'Dingf:i~ld~ !2~0 south.congress Avenue, .sa~a he baa. a~gea - -~,a~ ~efore 'Oo'~=il' 'a~. the, las~ ~e~'~g =on=e=~i~g ~e~i~; ~ s°'UEh" a~i- u.til this mor. i.g. He a~ai- =omplai~a o~ ~xo~ssiv~ sp~i~ om south' Co~gre'Ss".A~.ue' '~ sa~ they k~' ~a~g~rati-~ ~ =a=ifig' Tfi~ 'c'~tY Ma"age~ re~or~e~' tha~ ~he=e iS ~o~ suff~e,'t~ ~6rs°~n~l ~ayor SaUnters :a~e~ .~haE ~y' ~':~o ge~ someone ;~n'~-~'a~e'a'' mo'~ regularly:,' -. ~,~ .., . .. ?~O.a'. ~L¥'S~i~ Ta'yldr,~ representing the ~riStian Movement Civic ~ction, ~nformed ~unc~l that ~here 'is ~among the :Sanitatio'n ~ePartmen~' employees-and tha~ -'instead`of 'w0r~ing '~ix '~ays: a' 'we:ek they-are working five ~ays and ~oing the same amount W~rk"thWt' they h~%e ~be~n ~oing in six days, at a decrease ~H pay :~'~r' SOme of %he]]men, ' ~long with other oom~nts,, he said .he ,.f?'~s 'this is Unfair','~ and :~Sts"~e C06~6il 'will 'g-ire~ ~haE~ 'con- 'M~yor'~ Saunders ~i.nfo~ ~r. Taylor that the Administration and the council': a~e '~ll'"aware 'of some" of .the. 'thxng j:U~ ~o~h~ 'Out and ~ur~d .'h~m..'~at'~the City' Manager 'i~-.working 'on .~dSe ~in~s '~ar~iCuiar ~ime' an4 %here-will be a solution; hoover, it Will not .made through ...any threats of Joining any union _or anY~ing e!se~ and ':s~ri:tly a ~atter' of the Administration and ~e, peoPie working in'~the ~a~age' demr~ment.'' :Se saia ~h~y have~ ~een talke~ 'wi~h~,~a~ ~are 'igreement ~that the City ~anager :has ~tWO °Z.' three weeks' more to get ~this th~ng~ in or.er ......... . sa~d~ he..' ha~a ~beefl~'~aVi's~d bYr ~he bufIding 'inSpec~or ~hat he Would ~e ~ermitted: ~O bring. ~he h°Use U~' to~ city ~"iEicationa by licensed~ ~9h~ra~t0rs]'"~'and 'tha~' he.~s ",%a ~'ob~,~ a.' ii~' of t~ 'detailed' and estimate of cost of rewiring~the house, also ~ detailed list on the roofing, plastering, crc. of the house, Mr.. McClam said he. had been unable to get an electrician as everyone'Ks busy for the time being, and asked for permission to get 'the roofing, Aplastering, etc. done Prior to rewiring of the house. Mr. McClam was directed to bring the complete plans and specifica- tions for bringing his house up to City specifications into the Build- ing Department and if they meet the City specifications he would be able to get a permit for said work. 10,a. Mr. A. Eo McKenzie, 1710 South Ocean Boulevard, of the Cambridge Apartments, voicedhis objection'to the proposed bridge and extension of 12th Street to AIA. 10.a. Mrs. John Miller, 932 Jasmine Terrace, and Mrs. A. Buck, 937 jasmine Terrace, in Tropic Isle Subdivision, complained of the noise from the 24-hour operation of'the dredging of Tropic Harbor, and Mrs. Miller asked why the law concerning construction work causing vibra- tions and noises iS not enforced. The city Manager explained'that this operation is considered emer- gency work" and, as such, is permitted. It was pointed out by the City Manager, by Mr. Carl Bolter of the First Federal Savings and Loan AsSociation of Miami , and by Mr. C. Moody, President of the M. & M. Dredging & Construction Company, owner of the dredge, that it is necessary for this type of dredge' to work on a 24-hour a day basisi further, that a~.Smaller dredge is incapable of digging out the kind of material in TropicHarbor.' M~. Odas Tanner, a developer of property adjacent'to the harbor said he feels it is important that this dredging operation continue in order that it may be completed before the winter season. The City Manager reported the dredging should be completed in ap- proxi~telY20 more days barring any unforseen breakdown of any major nature. Following lengthy comments and discussion, Mr. Youngblood moved that the Engineers be instructed to finish the job as quickly as pos- sible. The motion was seconded by Mr. Wilson and carried Unanimously. 10.b. The Councilmen were reminded of the Florida League of Munici- palities Annual Convention on October 27, 28 & 29, and informed that their intention to attend said ConVention should be made known as soon as possible in order that suitable reservations maybe Provided. 10oC. City Clerk worthing informed Council that with reference to the Contractors Board of Examiners, the terms of Mr. charles W. Trieste (General Contractor),and Mr. Julian Wells (Sub-Contractor), as mem- bers of said Board, expired October 9, 1968, and the remaining members of the Board recommend the reapPointment of Messrs. Trieste andWells for three-year terms to expire October 9, 1971. Said members of~the Contractors Board of Examiners were unani~°usly reappointed, as recommended, on motion by Mr. Jurney and seconded by .~Lr. Merritt. I0.d. The City Clerk informed council that due to vacancies of alter- nate members on the Contractors Board of Examiners, the followingin- diViduals have been recommended by the current Board members to serve as alternate members on the Board in the following order, with their terms of appointment coincidingwith the terms of the.regular members: Charles J. Bleil (General Contractor) Owen M. Somerford (General Contractor} Cliff R. Van Treese (Sub-Contractor) It was so moved by Mr. Y0ungblood and seconded by Mr. Jurney. Upon call of roll, Mr. Jurney, Mr. Wilson, Mr, ¥oungblood and Mayor Saunders voted in favor of the motion and Mr. Merritt was 9pposed. ' -8- 10-14-68 1.95 10.c. City Clerk Worthing presented Bills for ApproVal as follows: General Fund $107,380.30 Water Operating &Maintenance Fund 6,183.84 Water Revenue Fund 55,000.00 Utilities Tax Revenue Fund 1,550.00 Sewer Revenue Fund 18,000.00 Sinking Fund Reserve, Cigarette Tax .Bonds, Series 1965 17,000.00 Cigarette Tax Fund 5,358.00 Sewer COnstruction Loan Fund First Federal Savings a Loan Association of Miami 102,847.22 The bills were unanimously ordered paid, on motion by Mr. ¥oungblood and seconded by Mr. Jurney. 10.x. City Manager Gatchel said he believes the Council is aware of the fact that there has been an item scheduled for early in the morn- ing on the agenda of the State Cabinet~ sitting as the Board of Con- servation, concerning the sand transfer plant at the Boynton Inlet. · He said a six-passenger plane has been chartered for tomorrow morning leaving at 5:30 A.M. in order to arrive in Tallahassee by said meeting time, with one seat available for a representative from Delray Beach. The City Manager was:~requested to make said trip representing the City of Delray Beach. 10.X. City Manager Gatchel askedCouncil permission to attend the International City Manager's Association meeting to be held in Detroit. He said if he does attend he would leave next weekend and be back the following Thursday, but is not sure at this'time whether he will be able to attend. The Council agreed that the City Manage~ should attend said meeting if he can. The meeting adjourned at 10:00 P.M. R. D~ WORTHING City Clerk -9- 10-14-68 ~.1,96 196-A PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147 AND SECTIONS 15-3 and 15-4 OF THE CITY CODE. CITY O~R' AND .ADDRESS ..' .PROPERTy.~ DESCRIF~ION CODE 1. The Atlantic Corporation East 17.5' of Lot 15 & all 15-4 185 Atlantic Street of Lots 16, 17 & 18, Hackensack, New Jersey 07601 Block 117. (642 E. Atlantic Avenue & 26 & 30 S. E. 7th Ave.) 2. Curtis & Laura Colter North 50' of South 200' of 15-3 201 NE Street West 135' of South % of North Leesburg, Florida 32748 ½ of Lot 6, Section 17-46-43, 15-4 . (Maggie ROlle, 6T) (113 N. W. 12th Avenue) 3. Mary Solomon Estate Vacant part of Lot 20, 15-3 c/o Lillian Quince Block 1, Atlantic Park Gardens. & P. O. Box 119 (51 N. W. 13th Avenue) 15-4 Delray Beach, Florida 33444 4. Mary Elizabeth Smith Northwest portion of East ½ 15-4 P. O. Box 701 of SoUth 200' of Block 66. Delray Beach, Florida 33444 (202-216 N. E. 1st Avenue) 5. Isadora Brady South portion of East ½ of 15-3 c/o Haroline H. Daniels Lot' 7, Block 30. & 1360 E. 93rd Street (141 S. W. 5th Avenue) 15'4 Cleveland, Ohio 44106 6. Joe R. Kern Lots 18 & 19, Block 3, 15-3 P. O. Box 1691 Atlantic Park Gardens. Delray Beach, Florida 33444 (122-126 S. W. 12th Avenue) 15-4 7. Pearneal & Elizabeth Jackson Lot 21, Block 3, Atlantic 15-4 915 N. W. 12th Terrace Park Gardens. (134 S. W. 12 Ave.) Ft. Lauderdale, Florida 33311 8. Blanche Hinton Lot 23, Block 3, Atlantic 15-4 1029 17th Street Park Gardens. (142 S. W. 12 Ave.) West Palm Beach, Florida 33407 9. Joseph Hinton Lot 24, Block 3, Atlantic 15-4 1029 17th Street Park Gardens. (146 S. W. 12th Ave.) West Palm Beach, Florida 33407 1'0. O. D. Priest, Sr. Lot 1, Block 23. 15-3 228 S. W. let Avenue (202 S. W. 5th Avenue) Delray Beach, Florida 15-4 11. Delray Beach Improvement Corp. %~acant part 6f .Lot 15, ..'...' 15-3 P. O': Box 153'3 Block 2, .Priest'S Addition to Delray Beach, 'Florida 33444 Atlantic Park Gardens, 15-4 Agreement for Deed: (110 S. W. 14th Avenue) John Henry McClenehan 313 S. W. 15th Terrace Delray Beach, Florida 33444 12. Indiana ~Burgess Lots 10, 11 & 12, Block 2, 15-3 P. O. Box 2212 Feno Subdivision. & Prairie View, Texas 77445 (Lot 10, 15 N. W. 9th Avenue, 15-4 Lot 11, 849 W. Atlantic Avenue & Lot 12, 845 W. Atlantic Avenue) 196-B Page 2. Nuisance List, October 14, 1968. CITY ..OWNER AND ADDRESS PROPERTY.. DES CRI F~I O~ C ODE 13. Sidney & Alice Fox Vacant part of SOuth 100' of 15-3 2000 S. Ocean Drive, Apt. 510 North 235' of East 135' of & Ft. Lauderdale, Florida 33316 Block 21. (18) 15-4 (30-32 S. W. 5th Avenue) 14. The Virginia Corp. & John E. South 25' of Nor=h 135' of 15-3 Haggart EaSt 100' of Block 21. (19) P. O. BOX 2212 (14 S. W. 5th Avenue) 15-4 Delray Beach, Florida 33444 15. Russell E. Brown Lot 21~ Block B, Tourist 15-4 3565 Dexter Road Nook. Ann Arbor, Michigan 48103 (216 N. W. 8th Avenue) 16. Laura Sims Estate North 61' of South 156' of 15-3 c/o Vivian Cooper & East 135' of South % of Marie L. Young Block 22. (16) 15-4 126 S. W. 5th Avenue (138 S. W. 5th Avenue) Delray Beach, Florida 33444 17. Houston Richardson & Mertyle Vacant part of East 90' of 15-3 Renner Harper' South half of Lot 19 & North & 1238 Vista D~i Mar Drive % of Lot~ 20 lying West of 15-4 Delray Beach, Florida 33444 ~Salina Avenue, Ocean.Beach.. (Salina A~enue) Violations 15-3 and 15-4 as concern this report are as follows: 1. 15-4 - High weeds and undergrowth 2. 15~3 - Garden trash and old lumber, etc. 15-4 - High weeds and undergrowth 3. 15-3 - Garden trash and debris 15-4 - High weeds and undergrowth 4. 15-4 -Heavy undergrowth 5. 15-3 - Garden trash, debris and old lumber, etc. 15-4 - High weeds and undergrow~t 6. 15-3 - Garden trash and debris 15-4 - High weeds and undergrowth 7. 15-4 - Heavy undergrowth 8. 15-4 - Heavy undergrowth 9. 15-4 - Heavy undergrowth 10. 15-3 - Garden trash 11. 15-3 - Garden trash and debris 15-4 - High weeds and undergrowth 12. 15-3 - Garden trash and debris 15-4 - High weeds and undergrowth 13. 15-3 - Trash, debris, auto parts and junk 15-4 - High Weeds 14. 15-3 - Garden trash and debris 15-4 - High weeds 15. 15-4 - High weeds and undergrowth 16. 15-3 - Garden trash and debris 15-4 - High weeds and undergrowth 17. 15-3 - Garden trash 15-4 - High weeds Submitted to the City. Council by the City Manager on this the 14th day of October, 1968. 196-F ' ~ 196-G 196-E (A) 2 each 6~ (bM Valve & Boec e~ $00 $180. O0 (a) I eaoh O~tmph (hto Volvo & BaK ~ 135 ~ TOTAL A4diUonl ~ OrigtMl C;:a~Umot ~~ Agreement No. 1 ~~ ~t, ~ ~ dam men~, · 196-C RRSO~,I;T~ON NO..39-68. 196-J A I SOI,U ION OF CO ClL OF B~,'"F~RIDA, ASSESSING COSTS FOR A~TI~ ~~S U~ ~RTAIN ~S ~CAT~ ~N SAID C~Y; :. O~'A~AL COSTS I~~ BY ~ID C~ TO ACC~P~ OF ~ ~l~S, ~ DECL~ SA~ LEW ~ BE A LIEN U~N SA~ ~OPERTY IN AN ~O~ AS SH~ BY RE- PORT OF ~ C~ ~~R OF DE~Y BEA~, F~RIDA. ~~S, the City ~uncil of the City ct Delray Beach, . r~qulg~ ~~/~sessto, hel~ o, ~e !.~.}h.~%i~Sth of March: 8.th.~ of A~i.1 .&.. 2~n~ ..~f. July, !96~.. declare ~e e~stence of a ~nce upon certain lots or parcels of land, descried in a List mitred to ~em, for violation of the provisions of Ordinance G-147~ ~$, p~suant to such de~laration, ~e City Clerk of said City did furnish each of the respective o~ers of the lande in said list with a notice describing t~ nature of ~e nuisance and ~at t~y must abate ~i~ nut~n~e wi~in thirty (30) days. failing in ~ich ~e City Council ~u14 have it done, and ~e cost ~ereof ~uld ~ levied as an assesa~nt against said pro~rty~ and ~AS, the o~ers hereinafter na~d did fail and neglect to abate ~e nuisance existing upon ~eir res~tive lands within the ti~ pres~i~d in said ~tice and Or~inanue G-~47, and the City of Del~y Beach was required to and aid enter u~n the following lands and incur costs in abating the nuisance existing thereon as in ~e aforesai~ list; and ~~S, the City ~nager of the City of ~lray Beach, ~s, pur- suant to said Ordinance G-ld7 a~ ~e City ~arter su~itted ~ the City Co~cil a report of the costs inuurred in aba~ng the nuisance as .aforesaid, said report indicating ~e costs ~r parcel of land in~lved. ~W, ~FO~, BE ~ ~SOL~D BY T~ CITY CO~C~ OF T~ OP DE~.Y B~, F~R~A, AS 'FO~OWS: 1. ~at assessments in ~e indiviflual a~ts as sh~ by the report of ~e City ~nager of the City of Delray Beach, involving ~e City's cost of abating the aforesaid nuisanues upon the lots oN par- cels of land descri~ed in said re~rt, a copy of ~ich is attached hereto and ~de a ~rt hereof, are levied against the parcels of land descried on said report and in the a~~ indicated thereon. Said assessments so levi~ shall ~ a lien u~ the reactive lots and paruels of land...desoribed in said report, of ~e same nature a~ to the same extent as the lien for gene=al uity taxes and shall be =ol- leettble in the same manner and with the ~ penalties and ~4er the same provisions as to sale and' foreulosure as city taxes are colleut- 2. ~at the City Clerk of said City s~11, as s~n as possible after the effecti~ date, recor~ a certified copy of this resolution in the offtue of the Clerk of ~e Circuit ~t tn a~ for Palm County, Florida, and shall furnish to each of ~e o~ers named in and upon said re~rt a notice ~at the City Co~cil of ~e City of ~lray ~ach, did, o, the llth &.25th of Ma~ch; 8th of ~pr~l & 22nd of ~, 1968 order ~e abate~nt of a ~rtain nuisance existing on ~eir described property and pro~rty ~er having failed to aba~ such nuisance, within the 30 day period, ~ereu~n it ~s a~ted by the City at costs sho~ in said re~rt a~ such assessments shall be le~1, valid and binding obligations u~n the property against which said assessments are levie~. ~is resolution shall ~come effective 30 days from the date of adoption, a~ ~e assessments uontaine~ herein shall become due and pa~ble thirty days after the ~il~ng ~te of the notice of said .assess~nt, after which interest shall sucre at ~e rate of 6~ Per annum on any unpaid ~=tion thereof. PASSED ~ ~OP~D in regular. ~ssion on the .,14th ~ay of October A.D. 19 68 ,.-, MAYOR 196-K COST OF ABATING~ NUISANCES UNDER ORDINANCE NO. G-147. PROPERTY DESCRIPTION O~R ASSESSMENT March 11, 1968 list. · Lots 2, 3, 4, 5 & 6, Block 14, Frank N, Somerf~d, Osceola Park. Estate. $485.00 March 25, 1968 list. Lot 6, Block 34. Charlie A. Long $ 35.00 Lot 8, Block 42. Hazel Clem $35.00 West 2/3 of Block 42~ Josie G. Greene $172.00 ~pril 8, 1968 list. Lot 2, Block 3, Atlantic Park Gardens Ellen Bowe $100.00 Lot 8 less West 25 foot R/W and less that portion East of A1A, Block E, Palm Beach Shore Acres. Frank P. Strickler $200.00 July 22, 1968 list. South half,of Lot 5 and all of Lots 6 & 7, Block 105. Ruth A. Hibarger $ 58.00 The North 50 feet of South 235 feet of Wes. t~lB~5~_fee~ ~f,~u~half of Minnie L. Coleman $ 93.00 Block 14. 196-H LEAS~E THIS AGREEMENT, made and entered into this l~th day of October $eD~em~eT, 1968, by and between THE CITY OF DELRAY BEACH, a minicipal corporation under the laws of the State of Florida, (herein called the Lessor) and THE BOARD OF PUBLIC INSTRUCTION OF PALM BEACH COUNTY.~ FLORIDA, ~a public school corporation (herein called the Lessee). W I T N,E S S E T H : ~ WHEREAS~ the Lessor is the owner of the parcel of land her~in- ~ after described which said land is not presently needed for municipal purposes, and WHE~S, the Lessee desires to lease said land for the purpose of conducting Agricultural and Horticultural Programs at Carver Junior-Senior High School which adjoins said land in said City of Delray Beach, NOW, THEREFORE, the parties hereto agree as follows: 1. The Lessor hereby leases to the Lessee and the Lessee hereby hires and takes from the Lessor a parcel of land in the~ City of Delray Beach, Palm Beach County, Florida, described as follows: The North 1/2 of the East 1/2 of Model Land Company Lot 18, Section 20, Township 46 South, Range 43 East, containing 5 acres, more or less'. 2. The term of this lease shall commence on September 23, 1968 and expire on July 1, 1969, and shall be renewable on a year to year basis, commencing July 1, 1969 and continuing annually thereafter, provided however that either party may terminate this lease at the end of any year by giving the other party notification thereof in writing not later than April let of such year so as to permit Lessee to remove plants and other materials and structures placed on said land as hereinafter provided. 3. The rental to be paid for said premises shall be One Dollar ($1.00) per year, payable annually in advance. 4. Lessee accepts the property as is and agrees to maintain the same during the period of this lease, making such improvements as Lessee deems advisable, at Lessee's expense. Such JACKSON AND ~IACKSON. ATTORNEYS AT LAW,Z30 ROYAL PALM WAY~ PALm BEACH, FLOR IDA 196-I improvements shalI remain on the property at the termination of this lease, except that Lessee may remove any plantings, buildings, sheds, equipment~ or structures placed by it on the property. 5. Lessee agrees to carry such public liability insurance as shall be required to indemnify and save harmless the Lessor from any claim or skit arising from injuries or damage sustained by Lessee's use and occupation of the land for the uses and purposes above, stated. Lessee agrees to submit evidence of insurance coverage~ . to Lessor at the commencement of the original term hereof and at the beginning of each renewal term. IN WITNESS WHEREOF, the said parties have caused these presents to be executed by their respective duly authorized officials and their seals to be affixed the day and year first above written. Signed, sealed and delivered CITY OF DELRAY BEACH, FLORIDA in the presence of: ,,~//.'"~ : . Ci ty_~C 1 e r.k.../.-.. · BOARD OF PUBLIC INSTRUCTION OF Signed, sealed and delivered PALM BEACH COUNTY: FLORIDA in the presence of: , '~--'.. ,:..~.:, .,~"'-'-. ~, _../,:::~.,..._,?....?." z ,/ Chairman : . o, ,., (SEAL) // Sup~t'endent -2- JACKSON AND ~JACKSON , ATTORNEYS AT LAW, 230 ROYAL PALNI WAY~ PALNI BEACH, FLORIDA