07-14-60SpMtg 191
JULY 14th, 1960.
A special meeting of :the City Council was held in the Council
Chambers at 9:00 A.M., with Mayor Glenn B. Sundy in the Chair, City
Manager Ceorge Mingle, City Attorney Richard P. Zimmerman and Coun-
cilmen Dugal C. Campbell, Charles'.~. Harbison, John A. Thayer and
~eorge V. Warren being present.
Mayor Sundy called the meeting to order announcing that same
had been scheduled for the purpose of reviewing bids received for
relocating the water main on East Fifth Avenue in conjunction with
the ~tate Highway Improvement Program and for any other business
which may come before the meeting.
City Clerk Worthing read the following memorandum from the
Director of Public Works, dated July 18th, 1960:
"SubJect~ Re-laying 12" water main on East 8th Avenue.
"Bids were received in the office of the Director of Public Works
at 10:00 AM, July 18, 1960 for uncoupling, moving and re-laying a
12" water main under the new Federal Highway location on East 5th
Avenue.
"Bids were taken on a unit price basis and estimated quantities were
used to determine the apparent low bidder.
"It should be noted that thebid price Will not comprise the total
cost for the Job for the following reasons:
"Item i - The-.contract calls for the contractor to'furnish,
on a basis of 'Cost plus 10~', any material or
fittings determined.by the Engineer robe unfit
for re-use,
"Item Ii - Ail known conditions including cross connections,
crosS, lines to be lowered, tie-ins to existing
lines, etc, have been listed in the contract,
however, provision has beenmade for additions
to the contract to include any situation or
conditions, which could not be forseen.
"Item III -' Total cost is based on estimated quantities
only and m~y vary one way or the other.
"Oneman Engineering - basic bid, $17,401, completion time $0 days.
"C. T. Stockton, Inc. " " 25,170, " " 90 "
"Re,-Bates, Corp, " " 27,173, " " 30 "
"Dargel Construction Co." " 29,100, " " 90 "
"Earthmoving &
Excavation Co. " " %4,338.60 " " 90 "
"It is recommended that the contract be awarded to Oneman Engineering
Co., iow bidder, who has performed previous work for the city in a
very satisfactory manner."
Following general discussion, it was moved by Mr. Campbell,-seconded
by Mr. Harbison and unanimously carried to accept the low bid as
recommended.
City Clerk~Worthing then read the following Resolution:
A RE~OLUTION
RE: SETBACk'REQUIREMENTS
IN MUNICIPALITIES
Adopted June 27, 1960
192
JULY 14th, 1960.
WHEREAS, the cost of procu~ing right-of-way for the widening
of city stmeets, some of which amc connecting moute8 in both the
state primary and. secondary systems, and also the county system,
is in many instances as much as the const~uction costs, and pro-
viding funds for the acquisition of might-of-way is a matter of
constant financial study, and
WHEREAS, the County of Palm Beach h_a_s fUz~ntshed each munici-
palitY within the County with a copy of the "Pahu Beach County
Traffic Study and Transportation Plan'* prepsmed by the State Road
Depsmtment, which sets forth principal road and street needs in
both the incorporated and uninco~porated ameas of the County for
the next twenty years, and the County has approved this plan, and
uses it as a guide to probable future needs, and
WHEHEAS, it has been called to the attention of the Boamd of
County Commissioners that the setback regulations within the
municipalities do not in some instances give full and adequate
considemation to minimize om prevent construction on the might-of-
way which will eventually be needed to handle the increased traffic
load as areas build up and as shown on the transpomtatlon plan;
NOW, THEREFORE, BE IT RESOLVED BY THE BOAP~D OF COUNTY C OMMIS-
SIONEP~ OF PALM BEACH COUNTY, FLORIDA, in regulam session assembled
on this, the 27th day of JUne, A.D. 1960, that it does hereby ~e-
quest and urge each of the municipalities in Palm Beach County to
adopt suitable setback requirements so that building permits will
not be granted for construction work which in the futume will
quire the purchase or condemnation of portions of improved property
which could have been prevented by proper setback requ/mements.
BE IT FURTHER RESOLVED that this Board does offer its full
cooperation in giving further information to all municipalities
in assisting in the adoption of setback requirements.
BE IT FURTHER RESOLVED that copy of this resolution be for-
warded to every municipality in the County.
Paul Ravdin
.......... - ......
_ Kenne.th P. Fc~
_ R_oy E.. Mich. ae.l~ Jr.~ .....
__ Ben F .. S.undy
As and Cons*.ltuting the Board of
County Commissioners of PaLm
ATTEST: Beach County, Flomida
_. J.. Alex Arnette__ _
Clerk
Following discussion Mm, Thayer moved that the City Attorney be
instructed to review this request of the County Commission and
to prepame a Resolution in cooperation with the Building Inspector
and City Manager to submit to the Council and notice be given to
the Building Inspector that this is being done and to hold permits
whe~ever necessamy. The motion was seconded by Hr. Campbell and
cavried unanimous ly.
The Council was reminded of Resolution No. 1251 passed and
adOpted on the 23rd day of May' 1960, granting the Building Inspector
the power to delay the issuance of building permits on properties
lying within 200 feet north and south of the center line of West
Atlantic Avenue, between Swinton Avenue and the geabommd Railroad
for a period of sixty days. It was moved by Mm. Campbell, seconded
by Mm. Thayer and cemried unanimously to extend Resolution 1251 for
a period of thimty days.
2
JULY l~th, 1960.
City Clerk Worthing read the following memorandum from the
Director of Public Works dated July 12, 1960.
~'SubJect: Water extension to industry outside the city limits.
"Mr. Young, of Delray Motors Inc., has made application for a 1"
meter to be installed on Lot 20, Block 20, Del Raton Park which
is contiguous to the southern city limit of the City of Delray
Beach, lying immediately south of the Tropic Isle Trading Center.
It is Mr. Young's intention to move the Lincoln-Mercury dealership
to this location.
"There is a surplus supply of water at this point and the connec-
tion will be made into an existing 6" main with no main extension
being required.
"It is recommended that this 1" connection be granted."
It was moved by Mr. Harbison, seconded by Mr. Warren and unanimously
carried to grant the request of Mr. Young for water extension.
Following discussion it was moved by Mr. Warren, seconded by
Mr. Thayer and unanimously carried to place two additional concrete
tables with benches attached, also one additional grill, at each
end of the public beach in the designated picnic areas, on a trial
basis, equipment to be moved from the City Park.
On June 27th the Co~cil instructed the City Manager in con-
junction with the City Attorney to try to bring about the exchange
of some 'city owned property and property owned .by W. J. Snow in
Section 18-46-1,~43, this exchange of property having been requested
by the Chamber~of Commerce in regard to the need for industry in
Delray Beach. City Clerk Worthing informed the Council that such
exc~hange of property could be effected today for the consideration
of $1,000.00 from the City to Mr. Snow. Following discussion Mr.
Worthing read the following excerpt from the City Charter regarding
exchange by the City of any real property.
"Whenever, in the opinion of the city council, the city holds and
possesses any real property, not needed for city purposes, and such
property may be to the best interest of the city e~hanged for other
real property, which the city may desire to acquire for municipal
purposes, the said city council is authorized and empowered to make
such exchange; provided, however, before any e~hange of property
shall be effected, a notice, setting fOrth the terms and conditions
of any such exchange of property, shall be first pub-lished once a
week for at least two weeks in a newspaper of general circulation
published in the city of Delray Beach before adoption by the city,,
council of a resolution authorizing the exchange of properties.
Mr. Warren moved that the exchange of land with Mr. Snow be effected
subject to the correct legal proceedings. The motion was seconded
by ~Lr. Campbell and carried unanimously.
With reference to the request of the Council on June 27th that
the City Manager and City Attorney study and report on paragraphs
D. E. and F. of the Chamber of Commerce letter concerning industry
for Delray Beach, City Attorney Zimmerman read the following report:
"Re: Chamber of Commerce Request for City to Provide Certain In-
ducements to Attract Industry.
"FlOrida courts have held that every new business, manufacturing or
industrial plant which may be established in a municipality will be
of some material benefit to the growth, progress, development and
prosperity of a municipality, but that this in itself is not suf-
ficient to Justify the acquisition of land for private indUstry -
as a municipal pttrpose.
D~lray Beach already owns the industrial property in question,
~;j~t the facts differ to some extent from acquisition. Delray
:~'may lease its property to industry at a nom/nal amount.
"It is my opinion that a payroll and other arrangements can be con-
sidered by the city as beneficial, the more accumulative benefits
offered the city, the better, naturally. I recognize the fact that
these arrangements are difficult to make concrete, but in view of
the Charter and Court opinion, I would suggest that the Council
act on each case individually, on a negotiated basis. This would
not mean of course that the Council could not adopt a policy stating
that it will be open to offers from industry, and will provide some
financial break to an industry.
"I would not recommend the allowance of a tax moratorium, for taxes
woUld be a concrete benefit that the city would receive. If a tax
moratorium were deemed necessary, I would suggest that it be limited
to one year, or two yearS, being a period commensurate with that
'required to get the industry started."
Following discussion Mr. Campbell asked that the. City ManAger giv~?
the Council as much'.infor~atiQn as possible on the operation of an
Industrial Commission and his recommendations as to whether or not
the Council should try to work through an Industrial Commission.
Mayor Sundy asked Cit~ Manager Mingle to bring this matter up at
the Industrial Commission meeting and same be placed on the agenda
for the next regular meeting.
Regarding Mr. Warren Grimes request for water extension to his
property northwest of the city limits the Council, on July llth,
delayed action on this in order that Mr. Grimes may be present to
go over this matter in detail. Following general discussion re-
garding water extension, also possible annexation of Mr. Grimes
lands and other lands, Mr. Grimes was informed that due to the
policy of water extension as contained in Resolution No. 1240 his
request could not be granted.
Mr. Grimes commented on the high cost of city taxes and
occupational license fees paid by him on the Golf Course property
and asked that he be permitted to place a trailer on the property
to provide living quarters for someone to police his property and
was informed that such request would not be permissible in view of
Section 29-15 of the Code of Ordinances.
Mr. Warren moved that the City Manager be directed to prepare
'annexation papers for the Glenn, Moore & Hertz property on the west
side of North Swinton Avenue, by acclamation, the motion being
seconded by Mr. Campbell. Due to several voluntary ~requests for
annemation at this time, Mr. Ha~bison, Mr. Thayer and Mayor Sundy
expressed their opinions that it would not be the proper time for
such procedure. The motion and second were then withdrawn by Mr.
Warren and Mr. Campbell.
City Clerk Worthing presented a petition from Delray Industrial
Properties, Ltd. for ~annexation of approximately 170 acres in Sections
19 and 30, Township 46 South, Range 43 East· Following discussion re-
garding water supply and zoning of said property Mr. Harbison moved
that this matter be tabled for consideration and study of the water
extension by Mr. Fleming and it be brought up at the next meeting,
also that it be studied by the City Attorney and City Manager with
the thought of bringing into any agreement a direct reference to
Ordinance G-285, also that it be presented to the Zoning Board for
their consideration. The motion was seconded by Mr. Campbell and
carried unanimously.
Mayor Sundy reported that Col. Altman, Director. Of the Civil
Defense of Palm Beach County asked that each member-~f the Council
suggest a man to replace him in case of a major disaster that might
involve the members of the Council·
City Manager Mingle informed the Council that the item of air
conditioning for the Central Fire Station would be on July 25th agenda.
The meeting adjourned at 11:00 A.M. on motion by Mr. Thayer and
seconded by Mr. Warren.
R. D. WORTHING
~:- .... MAYOR ' ~