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11-27-61 NOVEMBER 27, 1961. A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8:00 P.M., with Vice Mayor Dugal G. . Campbell in the Chair, City Manager Louis J. Smitzes, City Attorney John Ross Adams and Councilmen A1 C. Avery, Glenn B. Sundy and John A. Thayer being present. 1. An opening prayer was delivered by the Reverend Robert G. Morey. 2. On motion by Mr. Sundy and seconded by M~. Avery, the minutes of November 20th Council Meeting were unanimously approved. 3. Mr. Avery announced that the League of Women Voters of Delray Beach were sponsoring a Candidates Meeting for City Council at the Delray Beach City Hall at 8:00 P.M., Thursday, November 30th. 3. Mr. Wm. Pfundston asked concerning the definition of a "Common Roof" and a "Common Wall" that had been discussed at the last meeting relative to construction of a duplex and it was moved that this whole affair be referred to the City Manager for final disposition. The motion was seconded by Mr. Sundy and carried unanimously. 3. Mr. Wm. Johnson, representing Bredin Realty Company owner of the Dover House and Sandoway East, Inc., informed the Council that they feel that the plans as submitted regarding beautification in that area will be a detriment to their business as the large sea grapes and small cocoanut trees will obstruct the view of the ocean from these apartments and that they have no objections to the beauti- fication of the city or to small plantings in this area. It was moved by Mr. Avery that this objection be referred to the City Manager and through him to the departments 'and the Beautifi- cation Committee for consideration, the motion being seconded by Mr. Thayer and unanimously carried. 3. Attorney Clinton Scott referred to the petition of Mr. Don Coleman concerning permissive use of Lots 21 and 22, Block D, Palm Beach Shore Acres which came before the Board of Adjustment on Tues- day, November 21st, which Board declined to act thereon and after general discussion Mr. Avery moved that this be referred to the Plan- ning/Zoning Board with a request that they expedite the request as quickly as possible, subject to the approval of the City Attorney, that we are operating in a perfectly legal manner, and give the Coun- cil a recommendation as to whether they should grant or not grant permissive use or conditional exception of variance. The motion was seconded by Mr. Sundy and upon call of roll, Mr. Avery, Mr. Sundy.and Mr. Thayer voted in favor of the motion, Mayor Campbell being opposed. ~egard~ng construction and tn~ta!laticn, of a lawn ~owlin!.~ court, 5.a. City Manager Smitzes informed the Council that the following bid was received from F. C. Fiese Company and that five sets of speci- fications were picked up by contractors but only one bid was received. Basic Bid (including concrete gutters) $8,605.40 Alternate Bid (including wooden gutters) $8,405.40 The City Managgr further stated that to provide for such installation, an additional $1,705.40 is necessary to be appropriated and there is a further request for bowling equipment in the amount of $200.00, re- sulting in a net requirement of $1,905.40 from the Contingency Fund. It vas moved by Mr. Thayer to grant the bid of $8,605.40 and also the $200.00 for bowling equipment, and that $1,905.40 be approved from the Contingency Fund. The motion was seconded by Mr. Avery and carried unanimous ly. 5.b. The City Manager presented the following bids received for furnishing the City with two Gravely Tractors, Model LI, 6.6 HP, com- plete with a riding Sulky, rear hitch, 30" Rotary Mower including blades and drive, and a 30" Reel Mower, and recommended that award of purchase be made to the low bidder. DeMarco Tractor ~ Implement Co. ~1,286 00 Gresham Motors, Inc. 1,340~10 11-27-61 NOVEMBER 27, 1961. It was moved by Mr. Sundy, seconded by Mr. Thayer and unani- mously carried to grant the award of purchase to the low bidder, De- Marco Tractor & Implement Co., in the amount of $1,286.00. 5.c. City Manager Smitzes presented the following bids for one Port- able Concrete Mixer, and stated that the first two bids are not in compliance with the specifications furnished and recommended that the award of purchase be made to the low qualified bidder, namely the Shelley Tractor & Equipment Co. Billt s Equipment & Rentals, Inc. $ 706.50 Neff Machinery, Inc. 675.00 Florida-Georgia Tractor Co. 2,580.50 Shelley Tractor & Equipment Co. 2,528.50 On motion by Mr. Avery end seconded by Mr. Thayer the bid was awarded to the Shelley Tractor & Equipment Company in the amount of $a,528.50. 5.d. The City Manager informed' the Council that bids were solicited from six fire hose manufacturers and only the following three were received, also that the bid of M. L. Snyder & Son, Inc. is not in compliance with the specifications and recommended that award of pur- chase for 500 feet of 2~" hose and 500 feet of 1~" hose be made to the low bidder complying with cityts specifications of each item. 500 .f.t. 2--~". _ = 500 ft.,. 1-~." , American LaFrance Corp. $ 1.32 ft. $ 0.90.ft. East Coast Fire & Equipment 1.30. 1.00 M. L. Snyder & Son, Inc. 1.30~ 0.92 It was moved by Mr. Avery, seconded by Mr. Thayer and unani- mously carried that the East Coast _Fire & Equipment Company be award- ed contract to supply 500 feet of 2~" hose at $1.30 per foot and that American LaFrance Corporation be awarded contract to supply 500 feet of 1~" hose at .90~ per foot. 5.e. City Manager Smitzes presented the following memorandum from the Director of Public Works, and recommended that the Contractor provide labor and materials and install the complete Job for a total bid of $19,290.45, the Contractor being Dargel Construction Company, it being so moved by Mr. Avery, seconded by Mr. Sundy and unanimously carried. "Subject:Bids for construction of 8" Water Main on South Ocean Boulevard. "This contract is to provide for the construction of 4,!~;~;~ lineal feet of 8" cast iron pipe On S. Ocean Blvd., from approximately Bauhinia Road to Del Harbour Drive, including valves, fittings and other appurtenances. "The basic bid is for the contractor to furnish and install all materials involved. Alternate No. 1, provides for the contractor to distribute and install materials which are to .be ordered di- rectly by the city and turned over to the contractor at a railroad siding within the city limits. Bids received are as follows: "Elto.n.H.ar~el~ - 5% bid price bond - Basic $23,066.00 - ~ Alternate $10,260.00 Execute ~ ..Complete C alen-'~ays C alen-B~ff~-Day s C all,dar Days Basic l0 l0 60 Alt l0 10 6O "Interoounty Const. Co. - 5% bid price bond Basic $20,58.6.64 Alternate $ 7,864.10 ~ Be~in Complete Calendar gays Calen"~ Days Calend~ Days Basic 5 15 3O Alt 5 15 30 -2- 11-27-61 NOVEMBER 27 3_961 "Dargel Const. Co. - 5% bid price bond Basic w 19,290.45 Alternate 6,599.36 ~Exe c ut.e. ~ ? omp,!,e,t,e Calendar Days Calendar Days c~iendar Days Basic 5 10 15 Alt 5 lO "Dargel Construction Co., the low bidder on both basic and alter- nate proposal, has performed several previous contracts for the City of Delray Beach in a highly satisfactory manner and is here- by recommended as a competent bidder. "The estimated amount for this contract was $25,000, which amount was included in last year's budget and prior to the end of the fiscal year was encumbered and held over to provide funds for this contract. "The low bidder's alternate proposal for handling and instal- lation of materials furnished by the city was $6,599.36. Using purchase prices for materials as furnished by the City Purchasing Agent, the cost to the city for directpurchase of all material involved, F.O.B. this city is ~11,878.52. Adding this amount to the contractor's alternate bid price makes a total of $18,477.88, if the city furnishes the material. This amount is to be compared against the contractor's base bid of ~19,290.45 if the contractor furnishes and places all material. The apparent saving to the city by accepting the alternate bid is $812.57. "It should be noted, however, that the low bidder has provided for a very quick installation. He has agreed to start work with- in 10 calendar days after signing his contract, and to complete the job within 15 days thereafter. The above becomes a part of the contract and is guaranteed by 100% performance bond, as well as a provision for a $50 per day penaltY in liquidated damages for any over-run on the time. If the city accepts the alternate bid with the responsibility for furnishing the material, any de- lay in the contract due to slow delivery of material cannot be held against the contractor as to his completion date and might, in fact, be used by the contractor as a basis for damages, pro- viding his work crews are held up for lack of material. "I am assured by the City Purchasing Agent that the city could affect delivery of any and all materials as quickly as the con- tractor could obtain delivery of the same material. However, considering the expediency with which this contract must be performed in order that it be completed before the winter season, and also in consideration of the fact that the low bid is well under both the estimated cost and the average of the other bidders, I would be inclined to recomraend that the basic bid be accepted leaving the full responsibility for meeting the contract dates in the hands of the contractor." 6.a. City Manager Smitzes informed the Council that petitioners re- presenting more than 51% of the lands fronting thereon had requested the opening of the N-S Alley dividing Lots 19 thru 27 and 28 thru 36 in the Haller& Grootman Subdivision and stated that it is recommended by the City Engineer that said alley be opened, graded and paved with the benefited properties being assessed the total amount of cost for such improvement, it being so moved by Mr. Sundy and seconded by Mr. Avery. Upon call of roll, Mr. Avery, Mr. Sundy and Mayor Campbell voted in favor of the motion, Mr. Thayer being opposed. 6.b. Concerning a request to furnish water for the Delray Country Club which was tabled recently to secure additional data, the City Manager presented a memorandum from the Director of Public Works. Following discussion it was moved by Mr. Avery that a 6" water main extension be installed, the motion being seconded by Mr. Sundy. Upon call of roll, ~ir. Avery, Mr. Sundy and Mr. Thayer voted in favor of the motion, Mayor Campbell being opposed. 6.c. Concerning a letter from A. R. Fullerton, Director of Civil Defense for Palm Beach County asking for name, etc. of the Civil Defense Director, the City Manager stated that since the resignation -3- 11-27-61 NOFEMBER 27, 1961. of Capt. Shebs the city has been without such an officer and suggest- ed that Fire Chief John Gregory be designated as Acting Civil Defense Director for a period of thirty days during which time it is expected that a Civil Defense Director will be secured. It was moved by M~. Thayer, seconded by Mr. Sundy and unanimously carried that Fire Chief John Gregory be designated as Acting Civil Defense Director for a period of thirty days. 7.a. City Clerk Worthing read ORDINANCE NO. G-41~A. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, A~{ENDING CHAPTER 26, CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A SECTION TO SAID CHAPTER - PROVIDING FOR THE SUSPENSION OR REVOCATION OF OCCUPATIONAL PERMITS TO OPERATE TAXICABS IN THIS CITY UPON THE FAILURE OF HOLDERS TO COMPLY WITH CERTAIN CONDITIONS. BE IT CgDAINED By the City Council of the City of Delray Beach, Florida, as follows: That Chapter 26 of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by adding the fol- lowing section. "SECTION 26-12. SUSPENSION OR REVOCATION OF OCCUPATIONAL PERMIT TO OPERATE. Any permit heretofore or hereafter issued for the operation of a taxicab pursuant to a previously approved Certificate of Conven- ience and Necessity shall be revoked or suspended immediately upon notice that the liability and/or.property damage insurance covering said taxicab has been cancelled. The owner of said permit shall re- ceive preferential consideration for a new permit if application is received by the City from the former holder on or before December 31st of the year in which revocation or suspension has occurred." PASSED AND ADOPTED this the 27th day of November, A..D., 1961. There being no objections to Ordinance No. G-416A on second and final reading said ordinance was unanimously adopted on motion by Mr. Sundy and seconded by Ph~. Avery. 7.b. City Clerk Worthing read ORDINANCE NO. G-419. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 30 AND 31, OCEA N BREEZE ESTATES IN "R'3" DISTRICT, AND AMENDING "ZONING MAP OF DELRAY BEACH FLORIDA, 1960". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELHAY BE~CH, FLORIDA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in "R-3" Multiple Family Dwelling District, as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lots 30 and 31, Ocean Breeze Estates, Delray Beach, Florida, according to Plat Book 18, Page 36 on file in the Office of the Clerk of the Circuit Court 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 Delray Beach, Florida 1960" to conform with the provisions of Section 1 here.- of. PASSED AND ADOPTED in regular 'session on the second and final reading on this the 27th day of November, 1961. -4- 11-27-61 27, 19~!. There being no objections to Ordinance No. G-419 on second and final reading, said Ordinance was ~nanimously adopted on motion by ~ Avery and seconded by ~. Thayer. ?.c. There being no objections to the Assessment Rolls for the open- lng, grading and paving of that part of No W. 3rd Avenue lying be- tween N. W. 2nd and 3rd Streets and S. W. 3rd Avenue lying between S. W. 1st and 2nd Streets, City Clerk Worthing read ORDINANCE NO. G-420. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLLS ~BMITTED BY THE CITY MANAGER OF SAID CITY, CONCERNING THE OPENING, GRADING AND PAVING OF THAT PART OF N. W. THIRD AVENUE LYING BETWEEN N. W. SECOND AND THIRD STREETS: AND S. ~. THIRD AVENUE LYING BE- TWEEN S. W. FIRST AND SECOND STREETS, TO A WIDTH OF TWENTY-FOUR FEET, SAID ASSESS~NT ROLLS BEING AT- TACHED HERETO AND FORMING A PART HEREOF. (copy of Ordinance No. G-420, with acco~anying Assessment Rolls, is attached to and made a part of the official copy of these minutes) See Page ~70A, ~70 B and ~70C Ordinance No. G-420 was unanimously adopted on second and final reading on motion by Mr. Thayer and seconded by Mr. Avery. X. The City Manager presented a report regarding Automotive Equip- ment Purchase that the Council at meeting of November 20th had re- quested. On motion by Mr. Avery and seconded by Mr. Sundy said re- port was unanimously accepted. X. Con~ erning a request from the press pertaining to the Agenda, 17~. Avery move~ that the City Mansger be directed to provide the press with the preface as well as the agenda. The motion was seconded by Mr. Sundy and carried unanimously. X. Concerning the Seacrest Boulevard and 22nd Street Drainage Pro- ject, Mr. Avery moved that the City Manager be directed to get infor- mation as soon as possible and release it to the press as to when said drainage project would be started. The motion was seconded by Mr. Thayer and carried unanimously. X. Vice Mayor Campbell relinquishe~ the Chair to Mr. Thayer and called attention to two ad,s, by Mr. Dietz a candidate for Mayor, that have appeared in local papers during the past few days, one re letting to "Let's take a second look at Ocean Ridge Beach" and "Letls take a look at the Record - Who were the Councilmen in 19~?", and commented at length on these items. Mr. Campbell also co~Jaented on the following statement -What prompts the present Council to act with such haste on the sewer problem. "I thought that was covere~ not once but many times when it has been said, and not contradicted, that the Council has worked on this since the day that this present Council went into office and long before that. We have, and I should have read this before, we have from our State Health Department a letter and I want to read a news release that was Offered to the press earlier this week. This ad speaks of the nearness to the Baptist Church and southwest residents. We admit it is the plan to place the plant in the southwest. While exception is taken to the fact that we a~e placing it there no other suggestion was made, only to this, a limited outfall system would be odorless and would not depreciate anM taxpayers property. Not being an engineer, I would ask, if not now or perhaps at some later time, Mr. Dietz would give us the benefit of his engineering background and tell us how you can place a limited outfall system into effect. We want electric lights on all inhabited streets. I am under the belief that a pretty good job has been done on that but maybe Mr. Dietz and others would not agree." X. Mr. Avery informed the Council that he had a request from some residents of Delray Beach Heights regarding street lights, that there are fifty homes there without a street light, and moved that the City -5- 11-27-61 '~ ~' NOVEMBER Manager investigate this condition and give the Council a report as to what is being done, if anything, in planning for lights and if not, why not. The motion was seconde~ by M~, Thaye~ and ca~ie~ unani- mously. X. Vice Mayo~ C~bell i~o~med the Council that to~ay Mayor Wa~en a~ounced that he had ~eceived notice of approval from Ralph Bake~, Directo~ of the Division of Waste Water, Florida State Health Department, of the plans for the construction of the $$~0,000.00 sewer treatment plant and lift station an~ that Mayo~ Wa~en stated he was most gratified to ~ke this ~ouncement as a result of years of work, time ~d effort put forth by members of this Co~cil and previous Councils to provide adequate sewer facilities that would meet the co.unity needs ~d co~ly with the requirements of the state agency, ~d that the approved plans cove~ the first phase of the engineers ~evised comprehensive plan on file with the State Health Department, and that the co~ehensive plan in its entirety will ulti- mately sewer the enti~e area within the present city limits of De~ay Beach. ~e plan is ~lso ~.a~ed ,upon the use~ of a~acili~ti~s ~roposed Ul~eted~ ~.~Og~.~m.' ~e co~r~h~nsive extent tna~ a~ a z'u~ure ~a~e when the nee~ ~zses ~ne proposeo plant will eith~ be continuing as ~.~a~t4M~ed ~ndge ~$l~t ~ ~be converted 8.a. ~.~-~ ~anager S~tzes pre$ent~ the following Bills fo~ Approval= General F~d $ 2~,293.93 Wate~ Fund - O~e~ati~g F~d Wate~ Revenue Ce~tiflcates - Series 1957 30,309.00 On motion by ~. Avery an8 seconOe~ by M~. ~ayer, the bills were unanimously or~e~eO paid. The meeting aOJou~ned at 9:1~ P.M. ROBERT D..WORTHI,NG City Clerk -6- 11-27-61 ORDINANCE NO. G-~20 AN ORDINANCE 0F TEE CITY OF. DELRAY BEACH, FLORIDA LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLLS SUBMITTED BY THE CITY ~NAGER OF SAID CITY, CONCERNING THE OPENING, GRADING AND PAVING OF THAT PART OF N.W. THIRD AVENUE LYING BETWEEN N.W. SECOND AND THIRD STREETS; A~ S.W. THIRD AVENUE LYING BE- T~EN S.W. FIRST AND SECOND STREETS,TO A WIDTH OF TWENTY-FOUR PEET, SAID ASSESSMENT ROLLS BEING AT- TACHED HERETO AND FOR~NG A PART HEREOF. ~WHEREAS,' the City Manager of the City of Delray Beach, Florida, has, in pursuance to the Charter of said City, submitted to the City Council for approval, a report of the costs, and the assessment rolls for the opening, grading and paving of that part of N.W. 3rd Avenue lying between N.W. 2nd and 3rd Streets; and S.W. 3rd Avenue lying be- tween S.W. 1st and 2nd Streets,to a width of twenty-four (24) feet. WHEREAS, said reports and assessment rolls were approved by the City Council in regular session on the 13th day of November, 1961, and WHEREAS, due notice concerning each assessment roll was given by advertisement, by the City Clerk, in accordance with the City Charter of said City, for the purpose of hearing objections to said assess- ment rolls, and WHEREAS, no sufficient objections were received to the confirma- tion of said assessment rolls, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of the City of Delray Beach, Florida, as follows: SECTION 1. The assessments, as shown by said assessment rolls which are annexed hereto and made a part hereof, are hereby levied against the properties shown and in the amounts stated on said as- sessment rolls, said assessments to be paid in three equal annual in- stallments, together with interest at the rate of 8% per annum, the first installment becoming due and payable on December 27, 1961 and on the 27th of December for the next ensuing two years; and said special assessments, so levied, shall be a lien from the date the assessments become effective, upon the respective lots and parcels of land described in said assessment rolls, of the same nature and to the same extent as the liens 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 forfeiture as City taxes are collect- ible. PASSED in Regular Session on second and final reading on this the 27th d~y of November, 1961. ' MAYOR ATTEST: First Reading Second Reading November 27, 1961. ASSESSMENT ROLL For Opening, Grading and Paving of that part of.N.W. 3rd Avenue ly- ing between N.W. 2nd and 3rd Streets to a width of 24 feet. DESCRIPTION OF FRONT F~ONT__FT, TOTAL ..... ASS SS NT E} of Block 34 less S96' of N1)()!' of E135' Jane Jackson 516 2.28108 $1,177.04 S96' of N144' of E135' of Block 34 Joe Conyer 96 " 218.98 .W2/3 of Block 42 Josie G. Greene 612.2 " 1,396~48 1,224.2 $2,792.50* Resolution No. 1291 $ 24.20 Assessment Roll (Est) 8.80 Ordinance Caption (Est) 5.50 Contract, Rubin Construction Co. 3,167.08 Engineering by City (9%) 285.04 . $ 3,490.62 Less 20% 698.12 City share of cost _~.- - per Res. 1291 * 80% to be assessed $ 2-,792.50 ASS~SS~m~? ~pL~ For Opening, Grading and Paving of that part of S.W. 3rd Avenue ly- ing between S.W. 1st And 2nd Streets to a width of 24 feet. LOT FRONT FRONT FT. TOTAL ~LOC~K 5'~-gc~P~O~.. ow~m. ~GE ~ssESs~N~ ASS--r~ S~ 38 1 O.D.,Jr. a Wm. P. Priest 100 2.3669 $ 236.69 S~ 38 8 Clarence C. Mitchell 51.52 " 121.9~ S~ 38 ~2 Jo~ a M~tle S~ 38 13 Alfred Strong 51.52 " 121.94 38 S150' of N Edward a ~aline 150 " 355.04 306' of El33.1' Heastie 38 S50' of N156'Jerome & M~tha 50 " 118.35 of E133.1' Smith 38 N106' of D. & Janet Joste 106 " 250.89 ~6 1,2,3 & ~ City of Delray Beach 306 " 72~.28 ~6 5 ~s. W.A. elm 76.5 " 18~.o7 ~6 6 William P. e Liltian 76.5 " 181.07 G. MAze ~6 7 Gilbert Small 76.5 " 181.07 ~6 8 Gilbert Small 76.5 " 181.07 1,22~.08 2,897.29* Resolution No. 1302 $ 26.40 Assessment Roll (Est) 14.30 Ordinance Caption (Est) 5.50 Contract, Rubin Construction Co. 3,280.19 Engineering by City (9%) 295.22 Less 20% $ 3,621.61 724.32 * 80% TO BE ASSESSED $ 2,897.29 008