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04-24-61 APRIL 24, 1961. A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8:00 P.M., with Mayor George V. Warren in the Chair, Acting City Manager Robert D. Worthing, City Attorney Richard F. Zimmerman and Councilmen A1 C. Avery, Dugal G. Campbell, Glenn B. Sundy and ~ohn A. Thayer being present. An opening prayer was delivered by Rev. Paul J. Smith. On motion by M~. Thayer and seconded by Mr. Sundy the minutes of April 17th meeting were unanimously approved. Mr. James Johnson addressed the Council as' follows: "Mr. Mayor, the action the council took last Monday night on the group life and hospital plan was done under the misconception that the Manufacturers Life - Blue Cross Blue Shield plan was the lowest cost to the city. This fact was misrepresented as the figures show the plan by Occidental Life is the lowest cost to the city. I presented all of my figures and discussed all of the provisions of my plan at the meetings of the in- surance committee. After many long debates, the insurance committee recommended my bid. I was very surprised last Monday night to see the force of four persons well prepared to attack my bid and the report of the insurance committee. Pot the benefit of the city employees and the people of Delray, there are several points that should have been cleared up, or points that were not mentioned. This is my fmult, but I feel anyone would have trouble thinking under those conditions. We are always glad to see the council thinking in terms of saving money and trying to economize. The comment from the audience as well as the one local representative from the four gentlemen representing Manufacturers Life and Blue Crcss& Blue Shield show that they agree with this a~so. I have several copies of the calculation as to the cost to the city for both plans, and with your permission, % would like to give each councilman a copy, as I want this cleared in the record for the press and the taxpayers. "The City is to pay 50% of the cost of the Life & AD-D, and 50% of the cost of the single employee rate for hospitalization, based on 135 employees is as follows: Occidental Manufacturers Life Life Blue Oross& Blue Shiel Total Life & AD-D Volume $327,500 $327~500 Monthly rate per $1,000 for Life & AD-D · 9[~ .8~ Total monthly premium for Life (327,~.00 x .94) (327,500 x .84) & AD-D 030~. 85 0275.10 Monthly rate for hospitalization per single employee $3.29 $3.68 Tote. 1 monthly premium for hospital-(135 x 3529) (1.35 x 3.68) ization $}_~!!1~. 13 $496.80 Total monthly premium for Life, AD-D & ~ingle employee hospitalization rate $752.00 $771~90 City.~s cost per month (50% of above line) $376.00 $385.95 This shows that Occidental's bid is the lowest to the city by $9.95 per month. This amounts to a savings of $119.40 per yeam over the other bid. The proposal submitted by Blue Cross & Blue Shield was based on the I'~t>t that any retention under their l~lan would be retained in a stabi- lization fund. In the analysis by Dr. William Howard, he states (on page 3) ~Savings that m~y result from lower administration expense then expected and from favorable claims experience under the plan are not returned to the city, and ~hls may be regarded as a disadvantage '~i--relation to other plans. Savings, if any, are retained in a stabi- lization fund which may forestall an increase in premium rates if claims APRIL 24, 1961. experience is less favorable than expectedt. At no time in any of the committee meetings was this provision changed. 0nly after de- bating last Monday night for over an hour, then - the representative from the Blue Cross and Blue Shield offered to change this provision to conform with Occidental. This definitely constitutes a change in bid. "Gentlemen, the city received a letter from Professor William Howard, who made the analysis which reads as follows .and was dated April 18, 1961. tLou Arky of Ft. Lauderdale dropped me a note to tell me that the city officials had decided to place their group insurance coverages with Occidental Life Insurance Company of California. This was my second choice by a narrow margin. I can understand how you may have given some factors greater weight than I did and other factors less weight. ~Occidental is an excellent company and I think you will be well-satisfled with them. I presume that the way I presented the information about the company made the selec- tion easier for city officials than it otherwise would have been. ~Please let me know if I can help you in any other way on this project. ~ "From this letter you can see that the opinion was that everything had been settled and the bid would be awarded to the Occidental Life. 0ons~dering the facts; The action taken by the city council was done under a misconception because the Blue Cross - Blue Shield & Manufac- turers Life bid was represented as being the lowest cost to the city and tax payers, while Occidental Life was actually $119.40 a year lower. The change in bid from the floor at the last minute by Blue Cross - Blue Shield on retention. The fact that Occidental complied with the specification 100% while Blue Cross & Blue Shield did not meet specifications, especially in the area of miscellaneous Hospital services. They exclude any pay- ment for blood, blood plasma, and diagnostic confinements; they limit administration of anesthesia and pathological services in connection with surgery.. Plus the many other differences in benefits brought out in long insurance committee meetings favoring Occidental as re- flected by the unanimous committee vote for Occidental." There was discussion and comments concerning the letter written on April 18th by Professor Howard and about the letter written by Mr. Arky to P~ofessor Howard concerning the insurance coverage for city employees. Mayor Warren asked the City Attorney if the offer of the Blue Cross - Blue Shield, in addressing the Council, to make cash refunds became a part of the original bid that was given to the committee and at that time was not included, and w~s informed that it did not. Mr. Campbell: "The representatives of the Blue Cross stating publicly at a duly called meeting of the Council, saying in effect that they will change their bid and meet the competition. They can,t be held to that ?" City Attorney: "i didn't mean to imply that. The question was if it would change the original bid, and I dontt think it does that. I think from all the statements the,y, made they would be held legally liable if they tried to back out. Mr. Campbell: "They are legally liable. They hadn,t made that state- ment up until, as Mr. Johnson has said, after an hour debate here on the floor, after they had attended three meetings of the committee, had attended a caucus meeting in the morning. Time after time they had said they would not give a cash rebate. They were asked that the first time because it was a point that the committee raised in detail that we wanted to know their position on, and as Mr. Howard says here, it is not their policy to return in cash, and you are saying that doesntt change their bid?" City Attorney: "I think we are getting ~ little more into the propriety of all this than we are of the facts." Mr. Campbell: "No, I want to say with the change of bid---propriety, there is no question on that. They are out of order if that is what .... you are implying, but I want to stay with the bid. If they add to th~ bid in an open discussion and go on record that they will do certain 2 4-2~-61 APRIL 2l~, 1961. things over and beyond what they have included in their bid and then a vote is taken after that~ ~.hey have not changed the value of their bid?" City Attorney: "I see what you are asking. In effect they are doing tha t." Mr. Campbell: "They have said up to that time they would not give this. Professor Howard in the report he made to the city specifies in detail that they will not do that and it wasn't until they had been up to that microphone three, four or five times and the representative for the area went back finally to the regional manager, and certainly those of us sitting up here saw it, went back and leaned over and came back and said that he has the authority to offer a cash refund, but not up until that moment did he tell you. He didnlt do it in the committee meetings; he didntt do it in the caucus meeting that morn- ing; he didn,t do it for the first hou~ of the debate that went on here last week but he finally went back to his regional director, who he had introduced for the first time to any of us, and this regional director gave him the authority to say that. I maintain that is changing the bid. It,s giving an unfair advantage to a man who seem- . ingly was out of the picture. There hadn,t been any vote taken, he was out of the picture as far as the committee was concerned because he wouldn,t make that move and very emphatically said he wouldntt~ ~'. Eo there would be no question that he wouldn,t make it, I would like to ask the members of the committee who were present to check that." Mr. Sundy: "You mean anything that is said up here changes the bid? Any oral statements change the bid?" City Attorney: "I think what is confusing the issue in this case is dealing with an insurance company. For example, when you are dealing with most companies in the general field of municipal and corpcrate law, you receive a bid, that,s it. When you accept it, thatls the acceptance. They have made an offer and that is the acceptance. With an insurance company it is different in this respect: The in- surance company reserves the right to make the final acceptance them- selves back at the home office and they also in many cases, depending upon the company, still don't consider themselves bound until you have actually paid the premium, so we have a conflict. We have two fields of laws, very certain from the insurance company standpoint their type of law and it is very certain from the municipality. We have a muni- cipality dealing with an insurance company here and we are mixing both fields of law and honestly it is not that clear." Mr. Sundy: "I think Mr. Johnson stated We accepted the low bid, like to read the motion: tFollowing lengthy discussion, also comments from representatives of insurance companies Mr. Avery read the follow- ing excerpt from Professor Howard's Analysis: (In my opinion the most favorable proposal for a plan of group life insurance and group health insurance for employees of the City of Delray Beach is the proposal submitted Jointly by: BLUE CROSS OF FLORIDA AND BLUE SHIELD OF FLORIDA and the MANUFACTURERS LIFE INSURANCE COMPAq.) and stated (Mr. Mayor, in view of the fact that we had agreed that the most fair thing we could do was to hire the most impartial expert that we knew, from the University of Florida, and with that in mind I see no other way to keep good faith with the public. I move that we accept the recommend- ation of the expert that we hired in good faith.) I think this is Just as much changin,g it tonight that Jimmie is low." Mr. Campbell: It was my understanding, as chairman of the committee, that we came to the Council and asked that we be given a man who could analyze these bids for us because no member of the committee felt that they had the experience to do it but if at that time when we asked for that aid it was the intention of the Council to accept the recommendation which was to be given to the committee, not to the Council, as final. You should have at that time released your committee from any further discussion because if you were accepting his rather than the committeets unanimous decision there was no reason for the committee to function beyond that point. But that was not what was done. You gave us another weapon, so to speak, a tool to work with and we worked with that tool as he says in this letter. I think you have questioned the right of Jim to have that letter, but it is a matter of public record. I question the man Arky for writing so that a letter was back here on April 18th. Our meeting was on April 17th of last week, therefore he must have written at least the Friday of the week before to Professor Howard and I would like to ask, Mr. Mayor, that you instruct the City Manager to ask for a copy of the letter that was sent to Professor Howard by Mr~..Arky who -3- 4 4-61 APRIL 24, 1961. I think was entirely out of order in writing the type of a letter that he must have written in order to receive the answer that we got. He is a free agent but there is such a thing as our Attorney has pointed out, ethics." Mr. Sundy: "When was the meeting of the insurance committee?" Mr. Campbell: "The Insurance Committee meeting was the Wednesday before our last Council meeting, therefore he must have written the letter after the comnzfttee meeting in order to get a reply dated April 18th." Following further discussion Mr. Johnson stated: "I would just like to summarize this, please Sir. I hereby request that the Council rescind their action of last Monday and award the bid to the Occiden- tal Life." Mr. Sundy: "Did. the insurance committee say in their report that the Occidental was low?" Mr. Campbell: "We recommended it on the basis of what their bid covered. It covered, for example, the ambulance service, that was one thing that the committee as a whole built into the plan. We felt that our employees, getting away from payday to some extent, might well need the ambulance service without cost and we built that into it 100% and some of the other items that are left out of Blue Cross. Bluc Cross says that gives the employee a chance, in effect, to swindle. We have faith enough in our people that they wonft swindle, and we built in the ambulance service and a number of other things. Mr, Mayor, I would like to read a statement." Mayor Warren: "Is this in order? We have been 'requested by Mr. Johnson to rescind the action of the Council at a previous meeting. You have requested that I obtain a letter from Mm. Howard. Itl1 make that request and then we will get into this and discuss it further. It is a question as to whether the committee was appointed to re- commend or to pursue the advise of this Mr. Howard. We will do as we do with the recommendations of the Planning/Zoning Board. We don~t always adopt the recommendations of that bo.std." Mm. Campbell: "May I say to you that your committee was appointed months ago, we went through one round of the insurance with a man from Miami, so that we were appointed to do a Job long before Professor Howard came into the picture, and he was brought into the picture to assist the committee and he did a swell Job. We appreciate the Job and find no fault with it. It was certainly not given out that we would be bound by his thinking. If it was then we should have been re- lieved of the duty the moment you brought him into the picture." Mr. Sundy: "If we were not going along with his recommendations we didn't have any business spending $400.00 to work on this." Mm.. Campbell: "I donlt know how you would have gotten the evaluation if you hadn't spent it with somebody." After further discussion Mm. Campbell read the following report: "First, as Chairman, I wish to thank the members of the Committee who gave so much time to the study of the life insurance and hospitalization plan.. It was necessary to study the needs, in detail, of the employee group and their ability and desire to participate in the plan. Then to study the cost and benefits to the city and its ability to pay the costs in the years ahead. I feel the plan that has been put together will prove most beneficial to all in the years ahead. "I regret that the Council did not see fit to accept the committee,s report and recommendations. Many hours were spent in a study of the bids of the lower group and only after this study did we arrive at a decision to recommend the bid of the Occidental Life Insurance Company. "The plan offered by Blue Cross & Blue Shield together with the Manufacturers Life of Canada was studied in detail. The statement by Professor Howard on page 3 of his report as follows: 'Savings that may result from lower administrative expenses than expected and from favorable claims experience under the plan are not returned to the city, and this may be regarded as a disadvantage in relation to other plans, f This was given considerable study and was discussed with the representatives of Blue Cross and it was held that the plan was the only one they offered. -4- 4-24-61 151 APRIL 2!~, 1961. "Further in the study our operating heads were firmly con- vinced that to operate thru two companies would be cumber- some and costly and this was your committees report. "For these reasons the decision was reached to pick the Occidental Plan which plan would cost the city less than the other and would make the rebate to the city in cash this to be applied in additional coverage to the employed gr cup. "In all committee meetings representatives of the Blue Cross plan participated in the discussion and were given the reasons why your committee favored Occidental. After these meetings, after the morning caucus and for the first hour of the Council meeting they held to their original offer and only after they evidently felt the decision was against them did they change their offer and agree to cash refunds. I main- tain that this was contrary to our rule of acceptance of bids, contrary to general practice in bid procedure, con- trary to the best interests of the city and most important contrary to the best interests of the employees for who~e benefit this plan has been set up. "I will always be proud to have had a part in bringing this plan to being but will always regret the Councilts action." It was moved by Mr. Sundy that Mr. Campbell's report be made a matter of record, the motion being seconded by Mm. Avery and upon call of roll, Mr. Avery, Mm. ~undy, Mr. ThayeP and Mayor Warren voted in favor of the motion and Mr. Campbell abstained from voting. Ma~or Warren then instructed Mr. Gessler to find out from Professor Howard the contents of the letter he received from Mr. Arky. Following comments by insurance salesman Charles Gwynn, also further discussion, Mr. Sundy stated that last Monday night's dis- cussion did not influence his vote whatsoever, that he based his opinion on the first choice of the expert that was hired to evaluate the bids. Mr. Avery asked of the City Attorney: "On previous bidding, when the Council took action and'voted to award a contract and then a week later the question has come up, and you have told us to get releases, I know we did it on sod, etc., based on the fact that not the company but the individual might be planning himself a new suit of clothes or a bunch of toys for.~ the children, how does that apply in this case, the same?" Mr. Avery then commented and moved as follows: "Mr. Mayor, I, like Mr. Sundy, defend my reasons for voting as I did, and will fight anybody that will question my integrity in the thing. I did it be- cause of the expert we employed. Talking among ourselves we had thought this was the fairest way, the fairest to all the people in the town- too, that an outside expert be selected because none of us know insurance. I dontt want to be a party to anything underhanded at all. The question came up as to how this would be interpreted with some things that seemed to be a little bit, seemed to be, I say, a little bit off-color that I make the motion that it be left to the discretion of the Mayor as to whether this contract is put into effect now or not, having no effect on the decision that we mmde before, not rescinding, but whether we will go ahead or whether we get these letters in and find out. I move that it be left to the discretion of the Mayor whether it is put into force or whether we have more discussion on it." The motion was seconded by Mr. Sundy. Mr. Johnson commented as follows: "With regard to the actual contract at this present time and to the obligation and the liability of the City, I have cleared this point with the Insurance Commissioner regarding the type of. tn~-~anc6 Dolic. y Of the thing that you are dealing with now th~.. is no contrac~ 'at this time. I further checked with the company that I represent and they advise that they would stand behind this decision in as much as they also had checked with the Insurance Commissioner and they would stand behind this decision 100% that the City will have no obligation or liability. There is no contract at this time." Mayor Warren commented as follows: "In view of this correspond- ence and the sincere interest of everyone involved, the committee and all, I will ask that the contract be withheld until a week from today -5- 4-2~-61 ;~PRIL 24, 1961. and that we get the copy of the letter that was written to ~. Howard and then once and for all hope that next we can conclude this." Mr. Samuel D. Jenkins spoke for a group representing the P.T.A. of the Spady Elementary and the Carver High Schools requested more police protection for their, school children. Following discussion Mr. Campbell moved: "Since there is a vacancy in the overall police department, that Chief Croft, through the City Manager, be authorized to put a white man on duty in that area until such time as a colored man can pass the test and the man who is now hired, we hope that there might be a vacancy that would be a normal procedure at that time and have him switch back, but it would cover the period from now until the end of school and would not go over our budget for police protection." Mr. Campbell further moved that the police chief, through the City Manager, be authorized to ~ try placing of the yellow lines on 8th and 10th Avenues at N. W. 2nd Street, together with signs saying for tSTOP FOR PEDESTRIANS t. The motion was seconded by Mr. Thayer and carried unanimously. Mr. Jenkins also informed the Council that he had requested a street light at the corner of N. W. 9th Avenue and 1st Street and as yet it had not been installed even though he had been informed'that it had been approved and the cost of same had been taken care of in this yearts budget. Mayor Warren asked that the City Manager have a report on this situation for the next Council meeting. It was mentioned that a light had been requested for South Swinton Avenue and that one was needed at N. E. 1st Street & 1st Avenue near the Post Office. Concerning consideration of bids for the 20 cubic yard Packer truck chassis, ~i~. Sundy moved that the Mayor appoint a committee to give this matter serious consideration and report back next Monday night on their recommendation. The motion was seconded by Mr. Avery and carried unanimously. Mayor Warren then appointed said committee as follows: Mark Fleming, Charles Crane, Charles Senior, Calvin Garner and himself. Mayor Warren reported on the following Beautification Committee Minutes of April 20, 1961: "A motion was made by Mr. Bach, seconded by Mr. Warren, that in view of the importance of N. W. Fourth Street as an access entrance to the city from the west, the Committee would like .. to have a re-appraisal of the boy scout hut location to make future beautification changes possible. Motion passed on a 7 to 2 vote. "A motion was made by Mr. Bach, seconded by Mr. Ellingsworth, that the Beautification Committee would like to meet with the Planning Board and City Commission to discuss the scope of activities of the Committee. Motion passed unanimously. "It was agreed by the Committee that the sub-committee from the western sectinn of the city, discussed at the last meet- ing, would serve without official capacity on a limited time basis. "Mr. Santo made a report on all areas cared for by the Parks Department and their present condition. "On a suggestion that beautification of the entrance islands on U. S. # 1 be expected to tie in with Chamber of Commerce plans for ~a ribbon cutting ceremony to open this new highway, Mrs. Little was asked to report back to the Committee next week, the amount of funds that the gardens clubs have avail- able for this project. "The Committee expressed its appreciation to the Jay Ceos for undertaking the beautification of the southwest side of Atlantic Avenue bridge." Mayo~ Warren then announced that the proposed meeting of the Council, Planning Board, Beautification Committee and representatives of the -6- 4- 4-61 APRIL 24, 1961. Boy Scout group had been set for 8:00 P.M. on Wednesday, April 26th in the Council Chambers. Mayor Warren announced that April 2?th is declared Blood Bank Day for~ Delray Beach, during which day the Palm Beach County Bankts Mobile Unit will be in the City. Concerning bids on office equipment, $2 double tier lockers, 300 folding chairs, 54 multi-purpose tables and a sound system for the Community Center building, Mr. Thayer moved that the low bid on these items be accepted. In seconding the motion Mr. Avery requested that these items be inspected as they are received in order to de- termine that they meet the specifications, and Mr, Worthing informed him that they would be. The motion carried unanimously. Concerning the following bids for furnishing kitchen equipment for the Community Center building, Mr. Campbell moved that the General Hotel & Restaurant Supply be given the award on items 1, 2, 3 and 4 and also the last three items on the list, and that the Palm Beach Restaurant Equipment be awarded items 5, 6, ?, 8, 9 and 10, being the low figure in all cases. Quality China Oeneral Hotel Palm Beach & & Restaurant Restaurant E_~ u,iRme n_t' -:- Sump l~v .... E~ u ip_m_ent _. 1 French Fryer 330.00 385. O0 1 Micro Clean Syphon & 18.60 51.00 set of Strainer Pans 1 Spreader Plate 55.20 198.40 1 Gas Broiler 675.00 6~8.50 1 Refrigerator 552. O0 523.32 1 Coffee Service Stand 230.00 1~8.00 1 Hot Food Service Table 3?0.00 213.30 1 Tray Truck 330.00 208.00 1 Dishwasher 1,138.00 837.12 Chinaware 432.60 572.94 Silverware 116.70 175.20 Utens ils .... 187.30 209.70 . Total Net Bid $6,354.38 $~,950.10 $4,759.98 The motion was seconded by Mr. Avery and carried unanimously. Acting City Manager Worthing informed the Council that sealed bids were opened in the office of the Director of Public Works for the paving of three city streets - N. W. 6th Avenue from N. W. 3rd Street to N. W. 4th Street; N.W. 3rd Avenue from N. W. 2nd Street to N. W. 3rd Street and S. W. 3rd Avenue from S. Wo 2nd Street to S. W. 1st Street, and are as follows: ~S t~ar~t ~Comp!e_te. Rubin Construction Co. 10 days 75 days $ 9,750.00 Hardrives of Delray 10 " 45 " 9,936.00 Palm Beach Asphalt Corp. 10 " 45 " 11,392.81 Mr. Worthing also informed the Council that since taking the above bids, it had been determined that a portion of S. W. 1st Street from 3rd to 4th Avenues has been approved for construction by the Council. The drawings were already made for this, and the low bidder, Rubin Construction C..orporation, has agreed to add it to th..eir contract for an additional $1,561.00, making the total bid price $11,311.00, and it is recommended that the contract be awarded to Rubin at this price. It was moved by Mr. Sundy that the contract be awarded to the Rubtn Construction Co., the motion being seconded by Mr. Thayer and unani- mously carried. Mr. Worthing informed the Council that Theodore Jones of 220 N. W. 4th Avenue has requested a permit for a beer and wine license for con- sumption on the premises of a piece of property in Block 21, which parcel of land fronts on Atlantic Avenue with an established address of 524 West Atlantic Avenue, and the Council may, if that be its -7- 4-24-61 154 APRIL 24, 1961. pleasure, grant such request subject to the ultimate construction meeting all requirements of the b~ilding code and set back regula- tions, it being so moved by ~lr. Campbell, seconded by Mr. Thayer and unanimously ca~ried. ~. Worthing informed the Council that the property owners in the fourteen and fifteen hundred blocks of N. E. 1st Avenue, have peti- tioned the city to change the name of these two blocks to Highland Lane since it is a natural continuation of that street, and that all property owners fronting on that strip have signed the petition. Upon question as to whether the change of street name would have any serious effect on the new house numbering system, Mr. Worthing in- formed the ~ouncil that it would not. ~l~. Sundy then moved that the name of N. E. 1st Avenue for these two blocks be changed to Highland Lane. The motion was seconded by ~. Avery and carried unanimously. Concerning the abandonment of a part of N. E. 6th Street, Mr. Thayer moved that the action of the City Council taken at the meeting of April l?th regarding the abandonment of a portion of N. E. 6th Street be rescinded subject to said abandonment thereof be acted upon at this time by resolution. The motion was seconded by Mr. Campbell and upon call of roll, Mr. Avery, Mr. Sundy, M~. Thayer and Mayor Warren voted in favor of the motion and Mr. Campbell abstained from voting. Acting City Manager Worthing then read RESOLUTION NO. 1326. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDON- lNG THAT PORTION OF NORTHEAST SIXTH STREET LYING BETWEEN THE EASTERLY RIGHT-OF-WAY LINE OF NORTH- EAST SEVENTH AVENUE AND THE WESTERLY LINE OF A SIXTEEN FOOT NORTH-SOUTH ALLEY, BEING ONE HUNDRED THIRTY FIVE FEET EAST OF SAID NORTHEAST SEVENTH AVENUE. WHEREAS, the right-of-way described above has not been opened or developed, and WHEREAS, ANNIE HOFMAN, WILLIAM HOFMAN AND CLARA SUM~FlERSON, the owners of the property abutting said right-of-way requested the vaca~ tion and abandonment thereof as said right-of-way is no longer re- quired for p~ovlding egress and ingress to any lands and should there- fore revert to the original owners or their successors or assigns. NOW, THERE~0RE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 0F DELRAY BEACH, FLORIDA: That pursuant to Section Seven (7), Paragraph Three (3) of the Charter for the City of Delray Beach, Florida, we hereby declare the following right-of-way in the City of Delray Beach, Florida, to be vacated and abandoned: That portion of Northeast'Sixth Street lying between the easterly right-of-way line of Northeast Seventh Avenue and the westerly line of a sixteen (16) foot North-South alley, being one hundred thirty five (135) feet East of said Northeast Seventh Avenue. SUBJECT to abutting property owners, or their successors, providing easement for public utilities if the same are needed at any time in the future and relocation of any existing utilities therein. PASSED AND ADOPTED in regular session this the 24th day of April, 1961. It was moved by Mr. Thayer and seconded by Mr. Avery that Resolution No. 1326 be adopted and upon call of roll, Mr. Avery, Mr. Sundy and Mr. Thayer voted in favor of the laotion, Mr. Campbell and Mayor Warren being opposed. -8- 4-24-61 !55 Mr. Worthing informed the Council that Resolution No. 1322 adopt- ed on April 10th, 1961, provided for the assessment of costs for the abatement of nuisances against certain properties described therein and that tonight had been set to hear and consider any and all com- plaints as to the assessments whown therein and such assessments would stand confi~med and payable at once and shall draw interest at 6% per annum from this date until paid and if the Council desires no further action on it, they stand confirmed. Regarding Resolution No. 13ZS concerning permanent registration system, Mr. Campbell moved that no action be taken at this time. The motion was seconded by Nm. Avery and carried unanimously. Acting City Manager Worthing then read ORDINANCE NO. G-394. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS I and 2, BLOCK ~3 IN "0-2" DISTRICT, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA". BE IT ORDAINED BY ~THE 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 "C-2" General Commercial District, as defined by Chapter 29 of the Code of Ordinances of the City of D6lray Beach, Florida, to-wit: Lots I and 2, Block ~3, Delray Beach, Florida, according to the plat thereof on file in the Office of the Clerk of the Circuit Cou~t in and for Palm Beach County, Florida. SECTION 2. That the Building Inspector of said City shall upon the effective date of this Ordinance change the "Zoning Map of Del~ay Beach, Florida" to conform with the provisions of Section I hereof. PASSED AND ADOPTED in regular session on the second and final reading on this the day of , 1961. There being no objections to Ordinance No. G-394 it was moved by Mr. Sundy, seconded by Mr. Thayer and unanimously carried that said ordinance be adopted on this second and final reading. Mr. Worthing read the caption of ORDINANCE NO. G-39~. AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH TO ANNEX CERTAIN LANDS IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO THE CITY OF DELRAY BEACH, FLORIDA. It was moved by Mr. Campbell, seconded by Mr. Thayer and unanimously ca~ried that Ordinance No. G-395 be placed on first reading. Mr. Wo~thing then read caption of ORDINANCE NO. G-396. AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH TO ANNEX CERTAIN LANDS IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO THE CITY OF DELRAY BEACH, FLORIDA. It was moved by Mr. Campbell, seconded by Mr. Thayer and unanimously carried that Ordinance No. G-396 be placed on first reading. Concerning pe~nnissive use for the Jordan Baptist Church, M~. Campbell reported that the committee had met with representatives of the church and outlined to them certain things that would have to be accomplished before recommendations could be made to the Council and they we to notify the committee when they are ready for further dis- cussion concerning same and another meeting will be set up at that time. -9- 156 APRIL 24, 1961. At the preceding meeting of the Council, concerning the memo- randum from the Director of Public Works which reflected bids re- ceived by Mr. Jacobson for flood lighting the new City Hall, and being in the amounts of$470.75 and $553.90, Council requested investigation of some much less costly method of providing for satisfactory flood lighting of new City Hall and ~. Worthing reported that experiments had been made over the week end a~d; such flood lighting can be pro- vided, if it be the pleasure of the Council, for an amount not to exceed $150.00. That these experiments were conducted by M~. Rickerd, the Electrical Inspector who advised that it would be well to place such floodlights outside the solar screens instead of behind them, in order to get the most benefit from their lighting energy. Mr. Campbell then moved that the item of lighting, not only of the new City Hall, but the grounds, the palm trees, etc., be turned over to the Beautification Committee and ask for a report. The motion was - seconded by Mr. Sundy and carried unanimously. Acting City Manager Worthing reviewed the following report of alleged nuisances existing in violation of Ordinance No. G-147 furnish- ed the City Manager by the Chief of the Fire Department: PROPERTIES VIO ATI0 0F O OI A CE G-14? Kathleen Schmitt 2727 Yacht Club Blvd. W,& of Lot- 26,. Ft. Lauderdale, Fla. Section 20 46 43 4 Hamilton C. Forman Box 399 E~ of W~ of Lot 26, Ft. Lauderdale, Fla. Section 20-46-43 4 K.E.A. Inc. & 505 Middle River Dr. N.435.gl'.of E 520' C.M.S. Properties Ft. Lauderdale, Fla. M/L of NW$ of Lot 27 & W 980~ of N ~40' of .ot.19 Section 20 ~6'-43 Holdings, Inc. & P.O. Box 4643 N 435.91' of E 230' K.E.A., Inc. Ft. Lauderdale, Fla. of W ~J~60~ & N 540~ofE250~ of W, 1230~ all being in N~ of S~ of NW, Section 20-46-43 The Board of Public 301 N. Olive Ave. E~ of Lot. 17,~.. Instruction of West Palm Beach, Fla. Section 20 46 43 Palm Beach Co. Gl?dys U. James c/o United States 45 Wall Street W~ of Lot 17 Trust Co. of N.Y. New York 5, N.Y. Section 20-46-43 4 City of Delray City Hall Lot 18, - Beach Delray Beach,Fla. Section 20-46-~3 G. B. Johnson Box 1616 SE¼ of Lot.3,. Delray Beach, Fla. Section 20 46. ~3 4 Barbara C. & James 858 S. W. llth Ave. E 165' of S 135~ of Helvenston, Jr. Delray Beach, Fla. N~ of Lot 3 & W 165~ of E, 330 ~ of S 132 Section 20 46 43 Kal,1 Strand Middle River Road N ?5; of E 12~8.5 f of a. D. # 1. W 153 .5' of of S W¼ Danbury, Conn. of NW~ of SE¼ of of Section 21-46-43 4 Mary Elizabeth P. 0. Box ?0I E~ of S 200~, Smith Del~ay Beach, Fla. Block 66 4 -lO- APRIL 24, 1961. 157 0 ~WNER ~ _~ ~ADDRES~S LOT, BLOCK. & S/D..C..ITY CODE Mrs. W. A. Gill llO S. W. 2nd Ave. Lot 5, Delray Beach, Fla. Block 46 Willlam P. Mize 134 S. W. 2nd Ave. Lot 6, Delray Beach, Fla. Block 46 Carl Graham 1401 Dale Lane, Lots 1 thru 6, Block 1, Delray Beach, Fla. Rosemont Park Marion V. Tait 36 Shawnee Trail Lots 1 thru 6 & 19 Danville, N. ~. thru 23, Block 4, Rosemont Park Insurors Service P. 0. Box 1186 E 301 of Lot 111 & W Corp. West Palm Beach, Fla. 301 of 112; E 20' of Lot 112 & W 40t of 113 E 10t of Lot 113 & all of 114; Lot 115 & W 10' of 116, Delray Manor Ridgewood Wood c/o Miller, Hewitt & E 40t of Lot 116 & W Products Co., Inc. Cone, Guaranty Bldg. 20~ of 117; E 301 of West Palm Beach, Fla. Lot 117 & W 30t of 118, Delray Manor Thomas F. & Dorothy 1524. Oentral Ave. Lot 9, Block 4, E. Brown Sandusky, Ohio Seagate "A" Frederic Mills & Tobyts Lane Lot 10, Block 4, Eliz. Coors Legler New Canaan, Conn. Seagate "A" 4 Alfonso & Eva 419 S. W. 5th Ave. Lot 1, Mae Bell Delray Beach, Fla. Sunnyside Park Rdpert & Ethel 305 S. W. 2nd Street Lot 2, Ramsey Delray Beach, Fla. Sunnyside Park Agnes Munnings 26 N. W. 3rd Ave. Lots 3 thru 8, Delray Beach, Fla. Sunnyside Park 4 Submitted to the City Council by the City Manager this 24th day of April, 1961. It was moved by Mr. Campbell, seconded by Mr. Avery and unanimously carried that the City Clerk comply with the procedure as set forth in Ordinance No. G-388. Mayor Warren reported that the committee concerning signs and set backs on East 5th and 6th Avenues, consisting of himself, Councilman Campbell, Kenneth Jacobson, Dick Hanna, Bill Adams and Earl Wallace, spent several hours studying this particular situation and have made their report concerning same. Mayor Warren also stated that this report points out some of the violations and that it is his recommendation that the City Manager, giving enough time to do it properly, advise each one of these places of business of their violation, and then advise them that their recourse is to the Board of Adjustment. Mayor Warren also recommended that the necessary fee to appear before the Board of Adjustment be waived. Following lengthy discussion, Mr. Campbell moved to accept the committeets report and further that the City Manager be instructed to proceed with the enforcement of the two ordinances in question, and that we make a copy of this report available to him and thru him to the Building Inspectorts office for action. It was suggested that each violator could have a copy of the report if they asked for it. The motion was seconded by Mr. Thayer and carried unanimously. Mayor Warren announced that there were 18 violations listed, not including signs, in said report and recommended that the City Manager be instructed to send a copy of this report to all those affected and that we offer any assistance that we might, it being so moved by Mr. Thayer, seconded by Mr. Avery and unanimously carried. Mr. Avery informed the Council that he had received several requests from the public asking that the City Council try to do some- thing to get a movie theater in Delray Beach and asked that the Council direct the City Manager to contact the various movie chains and find out the possibility of getting a movie in Delray Beach and if not, what their reasons are. Following discussion M~. Avery moved that the Chamber of Commerce be requested to handle this investigation and report their findings to the Council, the motion being seconded by Mr. Campbell and unanimously carried. Acting City Manager Worthing informed the Council that in view of heavy usage the International Bulldozer requires some extensive repairs which amount to $1,755.00; also the Allis-Chalmers Heavy Duty Loader requires emergency repairs in the amount of $1,%00.00 and to cover these expenditures appropriation of $3,255.00 from the Reserve for Contingency Fund is requested. It was moved by Mr. Sundy, seconded by Mr. Campbell and unanimously carried that the request be granted. Mr. Campbell informed the Council that there is another piece of equipment out of use at the present time which repairs will amount to about $1,000.00 and questioned when the operating department may step up to a better method of operation of the City equipment. Mr. Campbell further stated that, to eliminate some of the conditions that exist, proper supervision of the equipment and proper operating procedures should be put into effect, and moved that the Council ask for a definite report as to operation of ~he mechanical equip~ ment and that a committee of three, including two councilmen, be appointed to make this study and report. The motion was seconded by Mr. Thayer and carried unanimously. Mayor Warren asked that he have a week to consider who he will appoint on said committee. Regarding consideration of summer parking meter and traffic light control, Mr. campbell asked that thought be given to a plan that could be put into effect for the entire summer season and not be changed often as it has in the past. Mr. Campbell then moved that the City Manager be instructed to contact the Chamber of Commerce and thru them the Merchants Division and ask for their recommendations of summer operation of the parking meters with the understanding th°at when adopted, not necessarily adopting what they suggest, it will be for the summer season; also that the City Manager get the recommend- ation of the Police Department as to the operation of traffic lights for the summer. The motion was seconded by Mr. Thayer and unanimous- ly carried. Following discussion Mr, Thayer moved that~ beginning with May and continuing thru the summer months that there would be two regular council meetings held each month and that special meetings would be held only when called. The motion was seconded by Mr. Campbell and upon call of roll Mr. Avery, Mr. Sundy~ Mr. Thayer and Mayor Warren voted in favor of the motion and Mr. Campbell abstained from voting. Regarding the plaque for the Community Center building, Mr. Worthing reported that the 19%9 council minutes had been reviewed and it had been found that considerable time and effort had been given by that Council in selecting a Recreational Advisory Board~ also consideration of a site location and an architect for the building. M~. Campbell moved that the same names that are on the new City Hall plaque be on the Community Center plaque, the motion being seconded by Mr. Avery and unanimously carried. Mr. Worthing reported that the requested additional lighting on S. Swinton Avenue below 10th Street is being surveyed by the ~lorida Power and Light Company and a report is eXpected this week. Mr. Worthing presented bills for approval as follows: General Fund $ 27,872,4~ Water Fund - Operating Fund 320.55 It was moved by Mr. Avery, seconded by Mr. Sundy and unanimously carried that the bills be paid. The meeting adjourned at 10:00 P.M., on motion by Mr. Campbell. _ _. C[:ty-clerk,- ~ :_ ............