12-18-61SpMtg DECEI~ER 18, 1961.
A special 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, City Manager Louis J. Smitzes, City Attorney John Ross
Adams and Councilmen A1 C. Avery, Dugal G. Campbell, Glenn B. Sundy
and John A. Thayer being present.
1. An opening prayer was delivered by Councilman A1 C. Avery.
2. On motion by Sir. Thayer and seconded by Mr. Sundy, the minutes
of the December llth and 13th Council meetings were approved.
5. a. Mayor-Elect Walter Dietz made the following statement and asked
that it be a matter of record in the minutes of this Council Meeting.
"This Council has authority up to and thru and including 1961.
Any business that this Council does in 1961 that is not com-
pleted in 1961 dies with the death of the Council. Now, in the
matter of the Bonds. The Bonds were taken to Judge Hewitt for
validation. Judge Hewitt acted favorably on the bonds but
granted a twenty day period for filing an appeal. I under-
stand that the Council is thinking in terms of letting a bid
tonight on a matter to be covered by moneys which is yet un-
decided until the Supreme Court of the State of Florida acts
on this matter. If the State Court acts on this matter in
1961 favorably, then any contract that may be let this evening
would be regular business for this Commission, but if this
Commission lets a contract tonight for a matter that is not
completed in 1961 and the Supreme Court should validate the
Bonds, then there is going to be some damage suits to the City.
Ail of us candidates have gone on record that if the sewer is
incompleted in 1961 that there shall be a referendum to the
people. If that is the case, there will be a referendum to the
people and I say this---That for any dm~ages that the City of
Delray Beach has in 1962 or 1963 as a result of action of this
Council meeting tonight if it issues a bid which is not completed
in 1961, with all that is in my power, legally, I will see that
each one of you members are sued for the damages to the City of
Delray. Thank you."
City Manager Smitzes read the following correspondence from
Russell & Axon, signed by F. T. Osteen, Jr., dated December 15th, 1961.
"Subject: Recommendation of Award - Bids Received December 13,1961
Project No. 5964-8 - Sewage Works
City of Delray Beach, Florida
"We have reviewed and checked the bids received on December 13,
1961 and analyze these bids as follows:
"The low bidder was Harry Pepper Company, 119 W. 8th Street,
Jacksonville, Florida with a base bid of ~293, 771. 00, which
was for the equipment specified, and an alternate bid of
!~290,011.00. The completion time specified was 280 day~.
Harry Pepper Company also indicated a deduction for the use
of local coarse aggregate, in the at, cunt of $3,300.00.
"An investigation indicates that this company has done consider-
able work in this field and has built similar installations, al-
though not in the south Florida area, as far as we can determine
in this short period of tim~. However, presuming that the com-
pany can meet the bond requirements~ investigations seem to in-
dicate that it is a reliable contracting firm. The bid is ap-
proximately $20,000.00 under the nearest price, that of the
Cambron Construction Company.
12-18-61
Dece~r~ber I<G, 1961.
"Since the low bidder is a reliable firm, we would recormnend
the award of Part I of this project to the Harry Pepper Company.
We would recommend that the award be based on the base bid,
which includes, in our opinion, the equipment that will provide
the best service for the installation as designed. The differ-
ential in cost between the base bid and the alternate bid is
less than ~4,000.00 and we certainly feel it is more than war-
ranted by the efficiency of service which can be provided for
the particular installation. We, therefore, recommend award
of this part to the Harry Pepper Company on the base bid in
the amount of ~293,??1.00 for a completion time of 280 days.
"We further recommend that immediate steps be taken to determine
the quality of the local coarse aggregate indicated in the bid-
der's letter, for which a savings of Q3,300.00 was offered. If
this aggregate is similar and equal, we recommend the acceptance
of the use of local coarse aggregate.
"PART II - FORCE MAIN A~) PLANT OUTFALL LIN.E.
"The two low bidders on Part II were considerably lower than
any of the other competitive bids and were quite close to one
another. For this reason, our analysis is based on these two
bids alone. Both contractors have reputations for reliability.
We have had experience with Intercounty Construction Company,
and the Dargel Construction Companyls record indicates they
have done work for the City previously, so we have no reason
to question the competency of either firm. The bids can be
tabulated for these two c ~mpanies as follows:
"Intercounty Construction Company
2100 N. Dixie Highway
Fort Lauderdal.e Florida
SECT!_ON ~_~- F__ORCE .NAIN: BASE BID ALTERNATE
. BID
l~/~O cast iron pipe $ 61,363.75 ~..
21/45 cast iron pipe ~58,255.12
Transite pipe $51,091.07
SECTION B -P..L~..NT OUTFALL LINE
Lock Joint, concrete pipe ~i~ 82,288.00
~ 18/40 cast iron pipe $95,100.99
~7o, 49~.. 54
Transite pipe
Dargel Construction Company, Inc.
4051 N. E. 10th Avenue
Fort Laud.e~rda~!e, Florida_
.S,~ECTION A r: FORCE MA!.N~:
18/~40 cast iron pipe $54,783.40
21/45 cast iron pipe $52,096.43
Transite pipe $47,356.53
S..ECTION B - PLANT OUTFALL LINE
Lock Joint, concrete pipe ~88,253.10
18/40 cast iron pipe $98,467.77
Transite pipe $82,981.41
"It is our professional opinion that the award of Sections
and B, separately, for a savings of less than $4,000 would not
be advisable and, in fact, it was not the intent of the speci-
fications to split Part II on the award. The two totals will
vary with the type of pipe recomm~ended..A study by our firr.~
has been made on the basis of cast iron versus transite pipe,
which is the comparison to be made on Pamt II, Section A. This
study would incicate that on the basis of service life, mainte-
nance and operation cost, the savings by use of the transite
pipe is warranted. We would, therefore, recommend award on
-2- 12-18-61
DECEMBER i~!!, 1961.
"this basis. It should be noted that the savings on intercounty's
bid on Part A is in excess of ()?,000, which is approximately four-
teen per cent, and on Dargel's bid, is slightly less than ~5,000,
or approximately l0 per cent.
"On Section B, there is a larger percentage of savings between
cast iron and trm~site pipe than in the first instance, so by
application of the same scientific principles to this section,
we would recommend use of cast iron pipe. However, an analysis
between the Lock Joint pipe and the cement-asbestos pipe, with
consideration that this line will, in the future, quite probably
be converted into a pressure ocean outfall, would indicate that
the approximate ~5,800 additional is warranted to obtain Lock
Joint pipe, as specified, to cement-asbestos pipe. On these
basis, the total for the Intercounty Construction Company would
be ~133, 379. 07 and for the Dargel Construction Company, ~135,609.63.
Obviously, these are very competitive bids. Since everything else
seems equal, we recommend the award of this Part II to the Inter-
county Construction Company for a construction amount of ~133,379.
07, based on cement-asbestos pipe for Section A and Lock Joint
pressure pipe for Section B, with a completion time of 150 days.
It is obvious from the construction time, since there is no way
to split Sections A and B on this, that the intent was to award
the entire part to one contractor rather than split the sections.
"As indicated in a previous letter from Mr. Geo. D. Russell,
Executive Vice President of Russell & Axon, the bids were over
the engineering estimate and not con~nensurate with other prices
on similar projects. The estimates were as follows with the
comparison of the recommended award price:
Estimated. Price ..B.id~ .Pric~e
Force Main ~"
$ 52,500. O0 .,~ 51,091.07
Plant Outfall Line 81,000.00 82,288.00
Lift Station 45,000. O0 34,285. O0
Sewage Treatment Plant ....... 220~ OpO. 0.0 259,~86 .O0 .
Total $398.000.00 $427,150.07
'~ou will note there is an approximate $30,000 differential.
This is within the normal realm of estimating accuracy although
it is always our interest to have our estimates conservative. A
quick perusal of these figures will indicate that were it not
for the difference on the sewage treatment plant, the project
would actually have gone under the estimate, as desired. However
that may be, the situation now involves the expenditure of some
~427,150.00. The engineering fee including resident supervision,
which is anticipated will be utilized by the City and would be
strongly recommended by your engineers, can be estimated various-
ly between eight and ten per cent. This represents some $40,000.00
The fiscal agent's fee is some 1-1/2 per cent, or about ~6,300.00.
The total of these three figures, allowing a reasonable amount for
contingencies of (]10,000.00, which indicate slightly less than
~485,000.00, which is the approximate difference between the esti-
mated cost and the actual bid price. We regret this condition but
feel that we, as your consulting engineers, took every step pos-
sible to obtain maximum competition and the number of prime bidders
certainly indicated this. We, of course, have no direct contact
with sub-contractors.
"It will, therefore, be necessary to either pay the fees of your
engineers and fiscal agent from other than bond issue funds or
to sell the additional bonds validated. Either, of course, is
satisfactory and will result in sufficient monies being available.
"We hope that the foregoing analysis of the bids is clear and we
will, as soon as notified by the Council of the award, proceed to
prepare the construction contract documents and have them executed.
"We appreciate this opportunity to se~.~ve you."
-3- 12-18-61
DECE?~ER 1~, 1961.
~. Osteen then referred te the last paragraph under Part 1 con-
cerning the local coarse aggregate and stated that same had been in-
vestigated and they are now certain that the ~3,300.00 is Justified
and would recommend that the award be made in that way, allowing the
aggregate and subtract that amount of money from the total bid.
~-hr. Osteen then referred to Part II - FORCE i~AIN AND PLANT OUTFALL
LINE and stated that it is possible to award this partially to Dargel
Construction Company, Inc., and partially to Intercounty Construction
Company and that they feel that the lock joint concrete pipe is proper
for the Plant Outfall Line, but asked City Engineer Fleming if he had
a preference of material to be used in the Force ilain, to which
Engineer Fleming replied: "Primarily you are asking for my opinion
for the difference between the bid on transite and cast iron pipe.
The City, in its work in the Water Department in the laying of water
lines, specifies cast iron pipe. We don't use transite pipe because
we have had some bad experience with it. Not as the pipe itself is
concerned but in the laying of it and the handling of the material
and for that reason we have specified cast iron pipe and because it
is a little cheaper for the city to make taps into this type of pipe.
We have water mains throughout the city in various sizes from twelve
inch, twenty four inch and up, in cast iron pipe. My recommendation
would be that if the bids are close we would prefer cast iron pipe
over transite pipe."
During general discussion, Mr. Avery asked if Dargel or Inter-
county indicated that they wanted the whole bid or nothing, on Part
II, or would be willing to take either part, to which Mr. 0steen
answered that he had not examined the bid documents but the way the
bids Were taken he felt certain that they would not have a choice on
this.
~-.~. Campbell moved that the low bidder on Part I, Sewage Treatment
Plant & Lift Station, namely the Harry Pepper Company, ll9 W. 8th
Street, Jacksonville, Florida, be awarded the Contract in the amount
of ~.293,??1.00 less a deduction of ~3,S00.00 to cover the use of the
local coarse aggregate, as covered by the recommendation of the
engineers, this award to be given on the understanding that it is
subject to the following contingencies; Favorable decision by the
Supreme Court of the State of Florida if an appeal is processed to
co~letion; and,Availibility of the proceeds of the present bond
issue, the motion being seconded by ~h~. Thayer.
~. Avery informed the Hayor that the way he votes on this subject
tonight is because of the fact that he thinks the proceddr, is all
wrong as a system but stated that as far as bids, that these are ex-
ceptionally low and the contractors are very well qualified and com-
petent.
Upon call of roll, Mr. Campbell, Mr. Sundy, Mr. Thayer and Mayor
Warren voted in favor of the motion, and Mr. Avery was opposed.
Concerning Part II - FORCE MAIN AND PLANT OUTFALL LINE, Mr.
Campbell moved that Dargel Construction Company, Inc., of 40~1 N. E.
10th Avenue, Fort Lauderdale, Florida, be awarded the contract on
Section A - Force Main, 21/~ cast iron pipe on their alternate bid
of ~i;~2,096.43, this award being given subject to the following con-
tingencies; Favorable decision by the Supreme Court of the State of
Florida if an appeal is processed to completion; and, Availability of
the proceeds of the present bond issue, the motion being seconded by
Mr. Sundy. Upon call of roll, Mr. Campbell, Mr. Sundy, ~..~. Thayer
and Mayor Warren voted in favor of the motion, ~h~. Avery being opposed.
Concerning Part II - FORCE MAIN AND PLANT OUTFALL LI~KE, Section B-
Plant Omtfall Line, ~l~... Campbell moved that Intercounty Construction
Company, 2100 N. Dixie Highway, Fort Lauderdale, Florida, be awarded
the contract on their base bid on Lock Joint, concrete pipe in the
amount of $82,288.00, subject to the following contingencies; Favor-
able decision by the Supreme Court of the State of Florida if an
appeal is processed to completion; and, Availability of the proceeds
of the present bond issue, the motion being seconded by ~.h~. Tha~er.
Upon call of roll, Mr. Campbell, ~. Sundy, Mr. Thayer and Mayor
Warren voted in favor of the motion, ~r. Avery being opposed.
-4- 12-18-61
DECEMBER Ih, 1961.
Mr. Campbell asked of Mr. Osteen, for a matter of record: "That
this is so designed t~at it beco~s part of a future outfall system
without material loss of our capital investment?" ~. Osteen re-
plied: 'Yes sir. I'm going to go a little further if you don't mind.
Consistent with the thinking of your State Officials."
Regarding the additional $50,000.00 that will be needed, City
Manager Smitzes reported as follows: "~. Cook called this afternoon
and stated that concerning the $50,000.00 in bonds that have already
been validated, but not authorized to be sold, the low bidder, Leedy,
Wheeler and Alleman, Inc. have made an offer to the City through Cook
and McCreedy t9 purchase the $50,000.00 additional at 99 of face
value with a4% rate, which would amount to $49,500.00 in cash money
to the city. As a point of comparison the last four bonds of the
~450,000.00 issue were designed as 98 with 3.93." The City Manager
then asked Mr. Nathan Sharp, who is Chairman of the Financial Advisory
Board, to comment as to the desirability of such an offer. Mr. Sharp
stated that he felt Leedy, Wheeler and Alleman, Inc., were very fair
in taking the additional $50,000.00 bonds at the price they quoted.
City ~ttorney Adams then read RESOLUTION NO. 1366.
A RESOLUTION CONFIR~SNG THE SALE OF
~50,000.00 WATER AND SEWER REVENUE.
BONDS OF THE CITY OF DELRAY BEACH,
FLORIDA, AND FIXING THE INTEREST
RATE TO BE BORNE BY SAID BONDS.
(Copy of Resolution No. 1366 is attached to and made a part
of the official copy of these minutes.) See Page 398A, 398B, 398C
and 398D
Mr. Thayer moved that Resolution No. 1366 be adopted, the motion
being seconded by ~. Sundy. Upon call of roll,
Sundy, ~. Thayer and Mayor Warren voted in favor of the motion and
Mr. Avery was opposed.
The City Manager informed the Council that there is a requirement
to have one of the local banks act as a transfer agent in the proce-
dure of transferring%the bonds, and thmt the fee involved would be
something less than .~50,00. Mr. Avery moved that the First National
Bank act as the transfer agent in this procedure, the motion being
seconded by P~. Campbell and unanimously carried.
8.a. City Clerk Worthin8 read the following Planning Board Report
dated December llth, 1961.
"On Friday, December 8th, 1961, the Planning and Zoning Board
held a hearing on a request for peEnissive use to operate a
business limited to boat dock rental, sale of yachting supplies,
as well as the sale of gas and oil pertinent thereto, as well
as the operation of a social club maintained by membership on
the following described lands.
Lot 8, Block L, John B. Reids Village and that
ortion of Section 16, TownshiP846 South, Range
3 East lying between said Lot and the Easterly
right of way line of the intracoastal waterway.
"Twenty persons were notified. Five persons appeared. H.G.
Murelle, Mayfair Manor Hotel and Dorothea Handerson objected.
Arvida Realty, H. A. Bushman and Ralph Priesmeyer approved.
Franklin Wedge, George W. and Ellen Drake, W. W. Taylor and
A. A. Stickle~, were represented as being in favor provided
that their properties to the adjacent North were given the
s~ae consideration. The objections for the most part were on
things that are already being done in R-3 Zone.
"This request is unusual in that the purchaser has made the
permissive uses requested, a part of a sales contract in order
to determine the attitude of the people in the area, the Plan-
ning Board, and the City Council prior to purchase.
-5- 12-18-61
DECE!!BER in, 1961.
"A property such as this can develop in a number of ways. Since
it is currently R-3, apartments, hotels and boat docks can cur-
rently be built thereon. A membership ship club is currently a
conditional use and was included in this request to ascertain
the attitude toward such a club. There sm~e no current plans
drawn to indicate how these uses will be included in the final
plans. One type of development could conceivably include co-
operative apartments with adjacent docks for their use, hotel
accomodations for transient boats and visitors, a yacht club
for general use, including bar and restaurant and sale of yacht
supplies, gas, and oil for the rather sizeable number of boats
and yachts occupying the area. The many combinations possible
to create a finished development could hardly be 'ttempted with-
out some assurance as to the above.
"The Planning Board unanimously endorses the idea of a develop-
ment meant to encourage boat owners to come to Delray to take
up residence and to visit. Visiting boat owners for short or
long visits would add much to the attractiveness and economic
welfare of the city.
"The Board recommends, therefore, that the request be approved,
subject to usual procedure for approval of conditional uses."
There was lengthy discussion and co~nents concerning this issue,
an~ Attorney Joh~ H. Adams, representing the prospective purchaser
of said property stressed the importance of the Council giving their
approval of said request in order that the sale may be completed,
said approval being subject to Council approval of improvements to
be place~ on the property.
~r. Avery then moved that the Planning/Zoning Board's recommend-
ations and report be approved and endorsed, subject to the Council
approving the improvements to be located on the land, and that the
property of ~. Wedge, ~.~r. and Mrs. D~ake, ~.h~. Taylor and Hr. Stickler
be included in this.
Attorney Clinton Scott presented the following petition signed by
seventeen property owners in the subject area.
"We, the undersigned Property Owners, respectfully ask that the
request for permissive use for boat docks, sales of yacht supplies,
gasoline and oil, and a social club, be denied for the premises
known as Lot 8, Block l, John B. Reid's Village, and property ly-
ing West thereof to the Intracoastal Waterway. Our reasons are
as follows:
"l. This property is deed-restricted to apartment houses and
residences - many of us purchased property in John B. Reid's
Village in reliance thereon; the City should not be in a
position of facilitating violation of a ~eed restriction.
(some of us plan to seek an injunction by Court Order should
an attempt be made to violate these deed restrictions.)
,,
."~_. We believe there are already adequate yacht docks, ships
stores, and social clubs in the Delray vicinity, and that
another such business will be injurious to existing facilities;
such businesses should not be regarded as free enterprise -
they are affected with public use and existing entrepreneurs
are entitled to protection.
"3. Social clubs denote late night 8riffling and dancing which
is not compatible either with this locality or the spirit of
this coKmnunity; late night affairs entail starting car engines
and noise, which would be out of place in this now quiet
neighborhood.
"4. Commercial activity is specifically forbidden in R-3 zone
and we emphatically object to any enlargement of business zoning
in an area already over-zoned for what is supposed to be our
' ..ountry-squirish community".
-6- 12-18-61
DECEMBER 1!~!, 1961.
Attorney Scott further stated that these people would not object
to apartment houses being erected and subsequent to that putting in
the yacht docks and other co~nercial activity, which would lie be-
tween these apartment houses and the Intracoastal Waterway, but they
would object if just a social club was put up with dancing and late
night parties, mucic, etc., and if the Council gives their 0.K. to-
night, how could they later deny a building permit if it was reason-
able. Attorney Scott further stated that if the Council grants the
permissive use this evening based upon no plans at all, that it would
seem the City had co~nitted itself so that this property owner could
continue with plans, purchase the property and then come back and say
that the Council approved the social club and selling of yacht supplies
and that she is now ready to proceed with that phase of her plan.
City Attorney Adams informed the Council that if they want to vote
on a motion it will be qualified so that they won,t core, it the City.
Following further comments and questions, Attorney John H. Adams
read the original request submitted to the Council on November ?th,
1961.
Mr. Campbell asked Attorney Scott if the people he represents were
assured of an orderly developraent and that to take into consideration,
perhaps as the first step, the lots on the east of this property and
develope the dock area later, p~ssibly with the club as part of the
dock area, would they be inclined to approve. Several of those in-
terested people made comments but did not come to the microphone to
~o so, but the general feeling was that they preferred that apartments
be constructed first and the boat docks and club be constructed to the
west at a later date.
~.~r. Ralph Priesmeyer who is building apartments at the present
time in that area and expressed his approval of the permissive use
request at the public hearing that was conducted by the Planning Board,
informe~ the Council at this time that to his knowledge the first two
blocks south of Atlantic Avenue along the waterway is the logical
location for development of waterfront facilities, and this is the
first opportunity seen where someone seems to be willing to purchase
the property to put it to a productive use along these lines.
~ttorney John H. Adams informed the Council that if and when this
development becomes a reality it will be one of the finest develop-
ments and will be an attraction for northern clientele, and if it
doesn,t go in this location it should go somewhere, and this seemed
to be the best location. Attorney Adams again urged the Council to
give this their favorable consideration but felt that if a deadline
date was placed on the development becoming a reality that the
economy is being forced.
Mr. Campbell stated that there is a qualified O.K. from Mr. Wedge,
Mr. & Mrs. Drake, Mr. Taylor and Mr. Stickler to the effect that if
their property was given the same consideration, they would favor this,
but brought attention to the fact that the request presented by Atty.
A~ams only concerned the property that was represented in the request
and anyone else desiring the same permissive use consideration would
have to request it in the same manner.
Following further discussion, Mr. Avery moved that the permissive
use be granted as requested and approved by the Planning Board.
Mr. Campbell read an excerpt from the Planning Boar~ report as
follows: "The Board recommends, therefore, that the request be ap-
proved, subject to usual procedure for approval of conditional uses."
City Attorney Adams commented: "For which they come back in here
at some future time and present their plans and on those plans you
g~ant a conditional use. That's why I thought this was a vote of
confidence that they wanted tonight."
Mr. Ca, bell stated that was also his understanding and then
moved that She matter be tabled for further consideration, and suggest-
ed that the interested parties go further than they have and give this
Council or the incoming Council something definitely to tie into as to
-?- 12-18-61
DECEi~BER 18, 1961.
definite plans, the motion being seconded by I~h,. Thayer.
Attorney John H. Adams again brought to the attention of the
Council that what was asked for was that the Planning/Zoning Board
report be approved subject to the Council's approval of the improve-
ments to be placed on the property, and that he is faced with a con-
tract as to whether the lady will buy the property and that the per-
missive use is a stipulation in the sales contract; also that time
is an important factor in this contract.
Mr. Sundy asked of the City Attorney: "Do yeu think that we
could go ahead with the reco~mnendation of the Planning Board and then
it have to come back to us about the club, the docks and retail sales?"
City Attorney: "I think it should be qualified if you are going
to make it at this time, qualified to the degree that Mr. Adams can't
say that his client acted in reliance and bought this property on any
promises that were made at this Council meeting. If you wanted to
you could say whether or not you think it is a good idea and let them
go ahead and come back later with specific plans. That's all you can
do because the majority of the Council is going off."
Upon call of roil on the motion to table this item for further
study, Mr. Avery, Mr. Cs~pbell, Mr. Thayer an~ Mayor Warren voted in
favor of the motion and Mr. Sundy was opposed.
5.b. City Clerk Worthing informed the Council that the final plat of
Homewood Pa~k has been submitted to the City Manager along with the
following recommendation of the Director of Public Works and further
stated that it is recommended that the Council tentatively approve
this final plat in accordance with Paragraph ? of said Section 23a-~.
"I have inspected the print of the final plat and find same
to be in compliance with the Ordinance and with previously
approved preliminary plat of the S/D.
"A physical inspection of the S/D, however, indicates that
there are a few items to be completed yet before final ap-
proval can be given to the plat. These items include repair
to pavement in several locations which was damaged by the
contractor's equipment while making swales.
"The developer has been notified to complete the above pave-
ment repairs prior to final acceptance of the final plat."
Mr. Campbell moved that this matter be referred back to the City
Manager and through him to the Director of Public Works and it be
presented for final approval when final action has been taken on the
property. The motion was seconded by Mr. Thayer and carried unani-
mous ly.
6.a. City Manager Smitzes informed the Council that the easement re-
quested by the Florida Public Utilities Company is over a ~0 foot
strip and within a 5 acre tract of city-owned land; more particularly
described as a northerly extension of S. W. 6th Avenue commencing at
S. W. 6th Street and ~unning approximately ~0 feet northward and
being within Lot l, Section 20-46-4S. The City Manager after having
studied this matter recommended that a dedication of a R/W be made,
by the City, to provide for a northerly extension of S. W. 6th Avenue
from S. W. 6th Street and extending thru the South half of said Lot 1
in Section 20-46-~. This would also permit future thru street from
Atlantic Avenue south to S. W. 10th Avenue and fit in with the master
plan and it would not be contrary to the major street plan of the
comprehensive city plan. The City Manager further stated that if it
was the pleasure of the Council, a motion was in order to authorize
the Mayor to execute the proper instruments to be prepared by the
City for said ~G foot R/W, it being so moved by Mr. ~very, seconded
by Mr. Sunny and unanimously carried.
8.b. & 7.a. City Manager Smitzes presented the following recommen-
dation, from a committee that had been appointed by the Council, con-
cerning proposed directimual signs for merchants on East ~th and 6th
Avenues.
-8- 12-1~-~1
"I~. Iglehart then made a motion to recommend to the Council ~
that the city make directional signs 8" x 30", with a Master
Sign at the north and south ends of town, and charge individual
business for their~oWn signs, signs to be of same dimensions
and coloring and to be limited to businesses on 5th and 6th
Avenues, for a period of 6 months only, at which time it will
be reviewed, further that a proper emergency ordinance be put
into effect and that it be approved bY'a sub-committee of this
committee consisting of Paul Knowles and Ralph Hughson. Motion
was seconded by Councilman-Elect Woodard, with an affirmative
vote by all members."
City Manager Smltzes then read proposed temporary Ordinance No.
G-$25 which concerns provision for directional signs, relating to
business activities on East 5th and 6th Avenues. There was general
discussion concerning the number of signs on one standard, where the
placement would be, request of businesses on other streets for direc-
tional signs, who would make the signs and whether or not it was ne-
cessary to obtain a permit from the State Highway department for
placing these signs. ~.ir. Campbell moved that the matter be tabled
and the City ~ttorney be asked to certify with the State Highway
Department as to the City's right to do tills, this itembeing.table~
until said answer is obtained. The ~otion was seconded by Mr. Sundy.
Upon call of roll, Mr. Campbell, ~ir. Sundy and ~.~r. Thayer voted in
favor of the motion and Mr. Avery and Mayor ~arren were opposed,'
8.c. In response to Council action of November 2?th concerning street
lights in Delray Beach Heights, City Engineer Fleming reported that
the Florida Power and Light Company is making a field survey to de-
termine the most advantageous lighting circuit and the installation
will be expedited as far as possible.
8.d. Councilman-Elect 0. W. Woodard, Jr. reported as follows on in-
vestigation, by a Council appointed~co~mnittee, of certain conditions
in Tropic Palms, after residents in that subdivision had complained
to the Council concerning same.
".The oozamL~tee you appointed last week has investigated the
complaints and we find thegn to be valid. The complaints
consist of five parts. Co~plaint 1 and 5 referring to trucks
in the area ..... We find that the trucks are operating prior to
normal working hours, operating their vehicles overloaded at
excessive speeds. Concerning Items 2, 3 and ~: Item 2 --
Repairing and finishing streets in Tropic Palms. Item 3 --
Removal of top soil, and Item ~ -.- Maintaining the entrance.
We find these co~mplaints ~o be existing and our recommendations
are that we refer this to the administration of the City fop
prompt action on these cases to see that these incorrect
operating procedures be corrected. On Item 2, we understand
that the developer was given a deadline three months ago, of
December 15th. To date nothing has been done. I understand
something is in the works on this. Item 3, excessive soil is
being removed from the area, there are depressions in the
ground, and scrap lumber and rubbish is being left by contractors
on vacant lots. Item 4, which I don,t feel personally comes under
the jurisdiction of the City is the ~-aaintaining of the entrance
of Tropic Palms. It has been let go, however it does not, I
believe, come under our Jurisdiction.
We do recommend immediately that the vehicles using the area
operate only during normal working hours, that they are not
overloaded and do not operate at excessive speeds. I assuage
that it is the administration's prerogative to comply with
completing the various negotiations with the developer in
the repair ~ -"
of the hisJ~way.
City Hanager Smitzes then read the following letter to ~ir. Henry
J. Mellon that had been written today:
"Attached is a copy of a petition filed by property owners
located in Tropic Pa~a ~ubdivision, concerning the use of
Lindell Boulevar~ by trucks servicing Tropic Palm and Tropic
Isle Subdivisions by the.'developers.
"The City was also notified this afternoon by your Superintendent,
¥~. Burger, that you are unable to get a bond company to write a
bond to protect the City from damage to the streets.
"We have received complaints pertaining to excessive speeds of
trucks and other traffic violations which have required more
than normal patrolling of this area by the Police Department.
Trucks are also scattering dirt at intersections due to their
carrying 'heaping loads'.
"I also understand hauling begins early in the morning and
continues until dark. If this route is continued to be used,
please restrict same to use between eight olclock A.M. and
five o'clock P.M. and take steps to reduce the load to guard
against the scattering of dirt in the streets.
"The permission granted to you by the Council was conditioned
upon your securing an adequate bond. In view of information
received this afternoon pertaining to the bond, the Council
will be acquainted with same and you will be notified of their
desires.
"The City Engineer advises he has been unable to get positive
action from you pertaining to completion of paving in the
addition. You had earlier agreed to start work by December
15th. Please advise us of your intentions."
The City Manager reported that after this letter was written but
before it was received, there had been telephone conversation with Mr.
Mellon who stated that he was unable to get a bond company to write
the bond as such for protection of the streets but that he does have
public liability on his trucks and wondered if that is enough.
Mr. Avery stated that he feels this Council has done everything to
help this situation and moved that the City Manager be directed to
order the trucks to stay off of the city streets in accordance with
the ordinance; that all permission is revoked and that he also sees
to it that this man keeps the agreements that he made previously and
that the City Manager instruct the Police Department that thc Council
expects all the ordinances of the city to be lived up to as to the
speed, the load and overload and anything else. The ~otion was sec-
onded by Mr. Campbell and carried unanimously.
5.c. (supplemental) Concerning a Council request for a report, en the
cost of life guards patrolling the .f~utl~.mil~~', cf..public beach, Ci.ty
~.~anager Smitzes presented the following report.
"Report attached indicates a breakdown of costs for patrolling
the full one-mile beach in accordance with requirements esta-
blished by the American National Red Cross amounting to ~6,200.00
for a period'tP~rough April. This is an unbudgeted item and would
require authorization to charge to Contingency Fund."
Following comments, Mr. Sundy moved to take the necessary steps to
correct the situation, to the extent as reported, and that the City
Manager be asked to study the budget allowances for life guards and
use the budgeted item if he finds one and the difference be drawn
from the Contingency Fund. The motion was seconded by ~xx~ and
~ car~ied unanimously. Mr. Campbell
~.d. (supplemental) For clarification of Beach Improvement Contract
the City Manager reported as follows.
"Council action pertaining to landscaping 32' strip from
Ingraham Street to Miraz~ar all authorize job to be done by
contract. It has been the general opinion of the Council
in Caucus meetings that Boone Nursery be awarded this pro-
ject on an experimental basis in order to expedite the job
before the season, but no formal Council action was taken
naming Boone Nursery. We ask that this clarifying action
be taken."
It was moved by Mr. Campbell to approve the City Manager,s request,
the z~otion being seconded by Ph~. Sundy and unanimously carried.
-10- 12-18-61
X. City Manager Smitzes called Council attention to a certain type
of white copy paper among their Agenda items, that is much more
legible than the thermofax paper that is presently being used, and
that he Will ask the Council, next wee!c, to authorize the purchase
of said machine.
X. Mr. Thayer moved that the Council of 1961 wish all the people
of this community, which it tries to serve, and all of the City
employees and all of those who have helped th~u this year, A very
Nerry Christmas and a Happy New Year, the motion being seconded by
Nr. Avery and unanimously carried.
X. City Manager Smitzes informed the Council that pursuant to their
suggestions of an earlier date for the city to endeavor to promote
tennis tournament, that the Recreation Department announces that the
city is now offering a senior invitation to such a tournament for
February 2nd, Srd and 4th, 1962, and it is expected that fifty par-
ticipants will be here on those dates.
9.a. City 'Manager Smitzes presented a bill from City Attorney Adams
in the amount of ~92~.24. On motion by Mr. ~very and seconded by
Mr. Sundy said bill from the City Attorney was unanimously ordered
pai~.
The City Manager then presented Bills for Approval as follows:
General Fun~
Water Fund - Operating Fund 1,624.16
It was moved by Mr. Avery, Seconded by M~. Thayer an8 unanimously
~arried that said bills be paid.
The meeting adjourned at 10:~0
: ......... .,,, WORTHING
ROBERT~ ~ ~ _
City Clerk
A PPROVED:
h, ,,,
-1t- 12-18-61
Delray Beach, Florida
December 18,1961
The City Council of the City of Delray Beach, Palm
Beach County, Florida; met in regular session at the regular
meeting place of the City Council in the City Hall in the
City of Delray Beach at 8:00 o'clock P. M. on December 18,
1961, with Mayor George V. Warren and the following members
present:
Councilmen A1 C. Avery
" Glenn B. Sundy
" John A. Thayer
" Dugal G. Campbell
There were absent: None
There were also present Robert D. Worthing, City
Clerk, Louis J. Smitzes, City Manager, and John Ross Adams, City
Attorney.
The Mayor stated that the meeting was called for the
purpose, among other things, of considering a bid for the purchase
of $50,000.00 Water and Sewer Revenue Bonds of the City of
Delray Beach, Florida.
After due deliberation, it was determined that the
bid of Leedy, Wheeler & Alleman, Inc. of Orlando, Florida, should
be accepted.
Thereupon, the following resolution was introduced
in written form by the City Manager, was read in full and pursuant
to Motion made by John A. Thayer and seconded by Glenn B. Sundy,
was adopted by the following vote:
AYE: Councilmam Dugal G. Campbell
Councilman John A. Thayer
Councilman Glenn B. Sundy
Mayor George V. Warren
MAY: Councilman Al C. Avery
-1-
The resolution is as follows:
EESOL.~ION NO. 1366
A RESOLFTION Confirming the sale of
~5~ater and Sewer Revenue
Bonds of the City of Delray Beach,
Florida, and fixing the interest
rate to be borne by said bonds.
WHE~_F_.,$, a total issue of $500,000.00 bonds was
authorized by resolution adopted by the City Council of said
City on November 6, 1961, and
~IEREAS, Leedy, Wheeler & Alleman, Inc. of Orlando,
Florida has heretofore purchased $&50,0OO.00 Water and Sewer
Revenue Bonds of this City, and has further offered to pay
$&9,5OO.00 and accrued interest, computed from December 1,
1961, for the Bonds numbered &51 to 500, to bear interest at
the rate of four (~%) per cent per annum, and
WHEREAS, in the opinion of the City Council, it is
to the best interests of the city that such bid be accepted
and the sale of the said bonds to said Leedy, Wheeler & Alleman,
Inc. of Orlando, Florida, be ratified and confirmed;
N___~, THEREFORE, be it resolved by the City
Council of the City of Delray Beach, Palm Beach County, Florida,
as follows:
S.e¢~ion 1. That the bid of Leedy, Wheeler & Alleman,
Inc. of Orlando, Florida for the purchase of $.~O,OOO.00 Water
and Sewer Revenue Bonds of the City of Delray Beach, being part
of the total issue of $500,000.00 bonds authorized by resolution
adopted by the City Council of said City on November 6, 1961,
said bid being for $~9,5OO.OO, and accrued interest, computed from
December 1, 1961, for the Bonds numbered ~51 to 500, to bear
interest at the rate of four (~%) per cent per annum, is hereby
determined by the City Council of the City of Delray Beach
to be in the best interests of the City.
-2-
Segtion 2. TNt the ~oresaid bid be and the s~e is
hereby accepted.
Sept~gn [. T~t said bonds shall bear interest at
the following rates:
Bgnd N~bers Am~ Year Interest
~51 to 500 $50,0OO.~ 1993
Section 4. That said bonds s~ll be delivered to
the p~c~sers thereof as soon as ny be ~ter the adoption of
this resolution pursuant to due pa~ent t~refor in accordance
~th the terms of the sale.
Se t_~ ~. TNt this resolution sh~l be in f~l
force ~d effect i~ediately upon its adoption.
Adopted this 18th day of ~cem~r, 1961.
Att~
Tho foregoing resolution is hereby approved by me
as to form, langu~e ~d execution this 18th day of ~¢ombor,
1961.
City Attorney
(Other business not pertinent to the above appears
in the minutes of the meeting.)
Pursuant to motion duly made and carried, the City
Council adjourned.
-3-
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I, ROBERT D. WORTHING, h~reby certify ~hat I am the
duly qualified and acting City Clerk of the City of Delray
Beach, Palm Beach County, Florida.
I further certify %hat the above and foregoing
constitutes a true and correct copy of the minutes of a meeting of
%he City Council held on December 18, 1961, and of a resolution
adopted at said meeting, as said minutes and resolution are
officially of record in my possession.
IN WITNESS WHEREOF, I have hereunto subscribed my
official signature and affixed the seal of said city this
day of December, 1961.
City Clerk