10-19-59 OCTOBER 19TH, 1959.
A Regular Meeting of. the City Council was held in the Counc'
~hambers at 2:00 P.M., with Mayor George Talbot'Jr. in the Chair,. City
manager W. E. Lawson Jr., City Attorney. Harry T. Newett and
signers J. LeRoy Ct.oft, Charles H. Harb~son, Fred B. McNeec~ and
Oeorge V. Warren being present.
An opening prayer was delivered by Reverend Glen Hargrave.
The Council, by general consent, approved the Minutes of Council
Meeting held on October 12th, 1959.
S-W-'' City Manager Lawson submitted BIDS received for construction of
10th Avenue from Atlantic Avenue to Second Street:
Hat.drives of De?ay, Inc., $ 6)845;00
Rubnu Constructxon Co., 7)859.84
Jack E. Carver 9) 144;00
L & M Paving Co., 9,912.50
On motion of C.?dssi.oner McNeece and seconded by Commissioner
Harbison, the Council unanimously approved the award'of Contract to
the LOW BIDDER.for construction and improvement of S.W. 10th Avenue
between Atlantxc Avenue and Second Street.
The City Manager then submittea BIDS received for the installa-
tion of a 10" water main on S. W. 10th Street, including a crossing
under the Seaboard Air Line Railroad:
Reilly-Bates Corp., $7~40A~75
Howara Lee Cromer, Inc. 7)500~00
Oneman Engineering , 7)980;35
Intercounty Construction Co., 9,250.00
Commissioner V~arren moved that award of contract for the instal-
lation of a 10" water main on S,W. 10th Street, including a crossing
under the Seaboard Air Line Railroad, in the economy of ~he City of
Delray Beach, be made to Howard Lee Cromer. Motion was seconded by
Comm~ ssioner Croft..
Mayor Talbot, being advised by the City Attorney that the City is
r.equired to award any contract, b. ased on. SEALED BIDS having been soli-
cited, to the lowest competent b~dder, d~d not place the 'Motion'~ be-
fore the Council. Commissioner Warren then withdrew his motion.
A general discussion then followed concerning the 'Bids' submit-
ted, and upon request of the Council, City Manager Lawson reviewed the
declaration of the various bidders relative to date of commencement on
the installation and completion time: COiU~/ICE COMPLETE
Reilly-Bates Corp $0 I~,,ys 30 D,a, ys
Howard Lee Cromer Co., 14 $0
Oneman Engineering . 10 " 15 "
Intercounty Constructxon 15 " 30 "
In the discussion which followed, Commissioner Harbison question-
ed if a 'Notice' of the importance of the "Starting Time" as a factor
was furnished the bidders.
City Attorney Newett informed the Council that an award of con-
tract to other than the 'Low' bidder must be on the determination of
the Council that the Time Element factbr or 'competentcy of a highe.r
bidder causes such higher bid to be more satisfactory to the Councxl
and the City of Delray Beach
Commissioner Warren then moved for reconsideration of his motion
to award contract for the installation of a 10" water main on S.W.10th
Street, including a crossing beneath the Seaboard Air Line Railroad,
OCTOBER 19th, 1959.
based .up. on the .time.element affecting the commencement of said in-
st.allatxon and. its zmportance to the. development of the recently ac-
quared annexation, o.f lands to the City of Delray Beach.~ Motion was
seconded b.y .Conmmsslon.er Croft: . . .
Commmssioner Harbison again questioned if the CltT had properly
identified the importance of the starting time in its~ORM of solici-
tation of bids, which had such importance been evidenced in the
q.uest for bi.ds might not have resulted in the actual low bid indica-
ting an earlier date of c~encement.
Upon .the Mayor's stating of the ~ues.tion, Call of Roll resulted
in Commissioners Croft and ~Arren voting in favor thereof, and Com-
missioners Harbison and McNeece, together with Mayor' Talbot being op-
posed. Motion did not carry.
A further discussion on the issue followed, during which Commis-;
sioner McNeece moved for award of Contract to the low bidder, however,
there was.no seconding.of said motion.
Commissioner Harblson e
xpressed a desire that the 'FORMS' used
by
the
City
in
solicitation
such Bids be amended to provide for
c.orporation of "Conditional Factors" citing the importance which the
City Council might recognize, relative to ~Starting' time and 'Comple-
tion' being evidenced in bids submitted, in determining the award of
any improvement contracts.
Col. _Dugal G. Campbell, at the request of the Mayor, suggested
t.hat possib, ly the Co.un.ci.1 might consider award of contract to the Iow
bidder subject to said bidder stepping-up the date of commencement
for such installation.
The City Attorney: upon inquiry as to legality of procedure, a-
gain advised the Council that three affirmative votes cf this Council
are necessary to reflect favorable action on such matters.
On inquiry of Commissioner Harbison, who asked if it _is common
p.ractice to let bids on basi.s .of starting time, the. City Manager
vised that the forms, for solicitation of bids provides a space for
all bid.dots to fill in which evidences the star.ting time as well as.
completion time, which factors are usually considered by a Council
its determination for award of contract.
Mr. Earl Harvel, Jr., of Howard Lee Cromer, Inc., informed the
Council that if re-advertisement for Bids was authorized, his company
would withdraw their bid and not be interested in further considera-
tion therein.
City Manager Lawson reminded the Council that at the last regu-
lar meeting, action oh the 'Report' of the Delray Beach Recreation
Advisory Board' was deferred until the next regular meeting, being
today' s m.eeting.
.Commmssioner Warren inquired if the Director of Recreation had
anything further to report a.nd was.advised by Mr. Gray that nothing
new had developed as. to pos. slble site but that appr.oval of said Re.-
port would be appreciated zn order that the Board mmght proceed with
the proposed plans and desi ns.
The City Manager read ~he 'Report' of the Recreation Advisory
Board:
"On September 29th, 19§~, the City of Delray Beach Recreation Ad-
visory Boar~ met and request the City Council to consider the follow-
ing recommendations:
1. Appointment of?oy Simon. t.o be the architect for the proposed
new Community Center Building.
2. That after due consideration of many factors, the site for the
. n. ew Community Center be located on city owned'vacant land now
existing at S. N', 10th Street and S. E. 8~h Avenue.
That due to lack. of per.sonnel to oPerate.the building an~ also
d.ue.to the un.~e.slreabillty of the building as a recreation fa.-
clllty, the Civic Center now located on S. E. 2nd Avenue be dis-
OCTOBER 19th, 1959.
continued and the budget allocation for that facility be reserved for
future use in the new community center."
Commissioners Croft and McNeece expressed their belief, that so-
licitation of bids from other architects should be provided, and that
the matter be tabled for such consideration.
Cg~ssioner Harbison. inquired if any further reason, as referred
to during the Council meetings of October 5th and 12th, has developed
which should cause continuation of the %ssue being tab~ed. Mr. Gray
stated thathe knew of no further decisions nor conditions having been
affected.
CommissionerWarren then moved for approval of the Recreation Ad-
visory Board's "Report", as read, and that the.Board's recommended
architect, Mr. Roy Simon, be requested to submAt his proposal relative
thereto. Motion was seconded by Commissioner McNeece and upon Call of
Roll - Commissioners Warren, McNeece,an~ Harbison, tosether with Mayor
Talbot, voted in favor thereof, Co,w,~sszoner Croft being opposed. Mo-
tion carried.
City Manager Lawson referred to the single BID he had received
for construction of a westward extension of S.W. 10th Street, which
he submitted to the Council at its meeting of October 12th, although
having solicited bids from several contractors, and informed the Coun-
cil that the City Attorney had expressed his opinion to the effect
that acceptance of such single bid is legal. ·
CommissionerMcNeece then moved for acceptance of the bid and a-
ward of contract to Hardrives o~ Delray, Inc., for construction of SW
10th Street from the west R/W lineof the S.A.L.RR., eastward to the
point of the existing pavement, approximately $?0 feet, including'the
p~ving of the crossing over the SALRR for the lump sum of $A,795.90.
~otion was seconded by Commissioner Harbison and unanimously agreed,
The CityManager read the following letter, &ated October 1Sth:
"I have just received a letter from Mr. Franklin G. Clement, Pres.
of the ~edgewood Apartments, that both he and Mr. Allen, the Vice-Pres.
will b? in Delray Beach for the Thanksgiving holidays and if it is
conven~$nt with the Council they and Mr. Michael of the Marineway Corp
would like to discuss the proposed annexation of their Properties with
you on the day before Thanksgiving, which would be November 2§th. I
will appreciate it if you will contact the members of the Council and
see if sometime on the 28th will be agreeable to them for an informal
me,ting. I will appreciate you advising me as soon as possible as to
this matter so that I can advise Mr. Clement."
/S/ J. ~. NOOn. IN Atty.
On motion of Commissioner McNeece and secOnded by Commissioner
Croft, the Council.unanzmously requested the City Manager ~o provide
for such meeting with Att'y. Nowlin, Mr. Clement and Mr. Michael on
November 28th, at an hour convenient to them.
City Manager Lawson then read the following letter from the "Hous-
ing and Home F~nance Agency" Office of Regional Administrator, in At-
lanta, Georgia, and dated October lath:
"We are writing.t? advise you that Mr. Milton W. Blanton, Region-
al Economist, will visxt Delray Beach on?ednesday, October 21,
to assist in the pr?station of a justification of need for a program
of Section 221 housing."
/S/ WALTER E. KEYES
Regional Administrator
On motion of Commissioner Croft and seconded by Commissioner
Harbison, the Council requested the City Manager prepare an Ordinance,
establishingMinimumHousing Standards in the City of Delray Beach,
for consideration by the Council at its next regular meeting, such
OCTOBER 19th, 1959.
agt$on by the Council being declared to be within its power in an o-
pinion ~xpressed by the City Attorney, copy of which is attached here-
to and forms a part hereof, subject, however, to the Attorney's recom-
mended amendments to the proposed and tentative ordinance originally
submitted.
City Manager Lawson read - - - RESOLUTION NO. 1203:
A RESOLUTION OF THE CITY COUNCIL REQUIRING PLANS,
SPECIFICATIONS AND ESTIMATE OF COST TO OPEN, GRADE
AND PAVE THAT PART OF N.W. 14TH AVENUE LYING BE-
~.~EN N.W. 2ND AND 3RD STREETS; THAT PART OF N.W.
8TH AVE LYING BET~J~EN ATLANTIC AVENUE AND N.W. 2ND
STREET; AND THAT PART OF N.W. 1ST STREET LYING BE-
T~i~EN N.W. 8TH AND 14TH AVENUES.
~JVHEREAS the City Council of the City of Delray B?ch, Florida,
may deem it to be necessary for the safety and convenience of the pub-
lic to open, grade and pave
1. That part of N.W. 14th Aveme lying between N.W. 2nd and
StreetS;
2. Thatpart of N.W. 8th Avenue lying between Atlantic Avenue
and N.W. 2nd Street; and
$. That part of N.w~. 1st Street lying between N.W. 8th and 14th
Avenues
to a width of 24 feet, the City of Delray BeaCh, Palm Beach County,
Florida, to share in the cost of such improvement with the owners of
lands abutting thereon;
NO~, THEREFORE, BE IT RESOLVED by the City Council of the City of
Delray Beach, Palm Beach County, Florida, as follows:
SECTION 1. That the. City Manager be required to submitplans,
specifications and an estimate of the cost of such improvement to be
made, and that the same 'shall be placed on file in the office of the
City Manager.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, on this the 19th day of October, A.D., 1959o
/$/ GEORGE TALBOT
On motion of Com~issioner H~rbison and seconded by Comm~ssioner
McNeece, the Council ~animously approved ADOPTION of Resolution No.
1203, as read.
The City Manager then read - - - RESOLUTION NO. 1204:
A RESOLUTION OF THE CITY COUNCIL ORDERING THE OPEN-
ING, GRADING AND PAVING OF THAT PART OF N.W. lATH
AVE LYING BETWEEN N.W. 2ND AND 8RD STREETS; THAT
PART OF N.W. 8TH AVE LYING BETV~EEN ATLANTIC AVENUE
AND N.~. 2ND STREET; AND THAT PART OF N.W. 1ST STR
LYING BET¥~EEN N.W. 8TH AND lATH AVE~JES TO A WIDTH
OF 24 FEET,
(Detail Copy of Res.#1204 is attached and form a part of.Minutes)
(See Pages 240-A, 240-B & 240-C for copy of RESOLUTION NO. 1204.)
On motion of Co~ssionerNcNeece and seconded by Commissioner
Harbison, the Council unanimously approved ADOPTION of Resolution No.
1204, as read.
OCTOBER 19th, 1959.
Nayor Talbot then acknowledged a 'Public Hearing' on Ordinance
No. G-SSS, providing for assessments for Storm Drains in Section "N"
and "0", as scheduled in lesal advertisement of said Ordinance No.
G-SSS which w. as placed on ~t reading October Sth by the Council in
regular sessxon. There was hO.comment, relative thereto, expressed
from the floor nor by letter.
The City Manager then read - - - ORDINANCE NO. G-SSS:
AN ORDINANCE OF THE CITY OF DELRAY BEACH, LEVYING THE
ASSESSMENTS AS SHO%~ BY THE ASSESSMENT ROLLS SUBMITTED
BY THE CITY MANAGER OF SAID CITY CONCERNING THE CON-
STRUCTION OF STORM DRAINS IN SECTIONS "N" & "0", AS
SHO~VN ON STOP~ DRAINAGE SYSTEM SURVEY FILE T.F. 1888,
TOGETHER WITH INSTALLATIONS OF CATCH BASINS, MAN-
HOLES AND ALL NECESSARY APPURTENANCES IN CONJUNCTION
~'~ITH SUCH STORM DP~INS.
~EREAS, the City Manager of the City of Delray Beaoh, Elorida,
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 Construction of Storm Drains in Sections "N" and "0", as
shown on Storm Drainage System Sur.vey File T.F. 1868, together with
installations of catch basins, man holes and. all necessary appurte-
nances in conjunction with such Storm Drains, and
WHEREAS,.said reports a.~d assessment rolls were approved by the
City Council ~n regular session on the 21st of September, A.D. 1959,
and
~EREAS, due notices concerning said assessment rolls were given
by advertisement by the City Clerk, in accordance with-the City Chart-
er.of said City, for the purpose of hearing objections, if any, to
sa~d assessment rolls, and
WHEREAS, no sufficient objections were received to the confirma-
tion of the assessment rolls,
NOW, THEREFORE, BE tT ORDAINED by the City Council of the City
of Delray Beach, Florida, as follows:
SECTION 1. ~he assessments, as shown on 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 assess-
ment rolls, said asses.sment, s to be paid in three (3) equal annual in-
stallments, .roger.her w~th ~nterest at the rate of eight percent per
annum, the fxrst znstallment becoming due and payable .on November 19,
1989 and on t.he 19.th day of November for the next ensuing two years;
and said specxal assessments, so levied, shall be a lien from the date
the assessment becomes 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 C~ty taxes are collecti-
ble.
PASSED in Regular Session on second and final reading on this
the 19th day of October, A. D. 19B9o
/s/ GEORGE TALBOT
MAYOR
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Croft, unanimously approved.. PASSAGE of Ordinance No.
G-353, on this second and final reading.
Mayor Talbot.then acknowledged a 'Public Hearing' on Ordinance
No. G-334, providxng for assessments for p.aving a SO ft strip between
the F.E.C.RR., and Block 79, as scheduled xn legal advertisement of
said Ordinance No. G-33A which was placed' on first reading October Sth
by the Council in regular session. There was no comment from the
floor relative thereto nor letters received in connectio~ therewith.
OCTOBER 19th, 1959.
City Manager Lawson then read - - - ORDINANCE NO. G-SSA:
AN ORDINANCE OF THE CITY OF DELRAY BEACH, LEVYING
THE ASSESSMENTS AS SHO~ BY THE ASSESSMENT ROLL
SUBNITTED BY THE CITY IIANAGER OF SAID CITY, FOR
CLEARING, GRADING AND PAVING OF A THIRTY ($0) FOOT
STRIP LYING BETWEEN S.E. SECOND AND THIRD STREETS,
BOUtIDED ON THE WEST BY LOT I & LOTS 18 THRU 25 IN-
CLUSIVE IN BLOCK ?9, AND ON THE EAST BY THE V~'LY
R/W LINE OF THE F.E.C.RR. R/Vg TO A V'JIDTH OF 24 FT.
.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 cost, and the assessment roll
for the clearing, grading and paving of a thirty foot ~strip lying be-
tween S.E. Second and Third Streets, bounded on the ~Vest by Lot i and
Lots 15 thru 28 inclusive in Block ?9, and on the East by the W'ly
R/W line of the F~E.C.RR. R/W to a width of 24 feet, and
~VHEREAS,.said report and assessment roll were approved by the
City Council in regular session on the 21st of September, A.D.
and
~i~tEREAS, due notice concerning said 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 roll, and
WHEREAS, no sufficient, objections were received to the confirma-
tion of the assessment roll,
NO'V, 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 roll,
which is annexed hereto and made a part hereof, are. hereby levied a-
gainst the property shown and in amounts stated on said assessment
roll, said assessments to be paid in three equal annual installments,
togeth.er with interest at the rate of eight percent per annum, the
first installment becoming due and payable on November 19th, 1989, and
on the 19th day of Novembe.r for the next ensuing two years; and said
special assessment, so lewed shall be a lien from the date the assess-,
ment be~,omes effective, upon the respective lots and parcels of ].and
described in said assessment roll, of the same nature and to the same
extent as the lien for general taxes, and shall be collectible in the
same manner and with the same penalties and under the same provisions
as to sale and forfeiture as City Taxes are collectible.
PASSED in Regular Session on second and final reading on this the
19th day of October, 1959.
/S/ GEORGE TALBOT JR
...... }I-A YO R
On motion of Commissioner McNeece and s~conded by Commissioner
Warren, the Council unanimously approved PASSAGE of Ordinance No.
G-SS4 on this second and final reading, as read.
Mayor Talbot then declared a 'Public Hearin2' on Resolution No.
1196, .Passed a.nd Adopted ,on October 5th, as provided therein a.nd duly
advertzsed, Which Resolution "DECLARED" ~certain lands in the Czty to
constitute a nuisance in violation of Chapter 15 of the City Code.
.Only Mr.. C. Herri.ck Hamm.ond appeared in person, requesti.ng clari-
ficatzon of ~ust what ~s required and was informed that~' the Fire Cap-
tain, who inspects the various properties, will explain to Mr. Ha~,mond
the requirements. Many letters were received from owners of various
parcels included in said Resolution No. 1196, which the Council re-
quested be acknowledged and any desired information be furnished.
6
OCTOBER 19th, 1959.
City Manager Lawson then read - - - RESOLUTION NO. 1205:
A RESOLUTION OF THE CITY COUNCIL REQUIRING PLANS,
SPECIFICATIONS AND ESTIMATE OF COST FOR CONSTRUC-
TION OF STORM DRAINS' IN SECTION "P" AS SH~¥N ON
STORM DRAINAGE SYSTEM SURVEY FILE T.F. 1868, TO-
GETHER WITH THE INST~.LLATION OF CATCH BASINS, NAN-
HOLES AND APPURTENANCES IN CONJUNCTION ¥~TH SUCH
STORM DP~I I~S.
BE IT RESOLVED by the. City Council of the City Of Delray Beach,
Florida, as follows:
1. That the City ~nager shall secure plans, specifications and
estimate of cost for the construction of Storm Drains and ap-
purtenances in SectiOn "P" as show~ on Storm Drainage System Survey
ile T.F. 1868, together with the installation of necessary Catch Ba-
sins and Man-Holes in conjunctio.n wit. h such Storm Drains to drain an
area to be determined as the Drain Field Area.
2. That such plans, specifications and estimate of cost shall
be placed on file in the office of the City Manager, in the
City Hall.
PASSED AND ADOPTED this l@th day of October, 1959.
/S/ GEORGE TALBOT JR.
' '~ Y'O~ "
On motion of Commissioner Croft and seconded by Commissioner
Harbison, the Council unanimously agreed on ADOPTION of Resolution
No. 1205, as read.
On request of Mr. John A. Thayer, speaking in behalf of the
many property owners in the area affected by the proposed installa-
tion of Etorm Drains in Section "P", the Council agreed to defer any
action on said installation until after the coming 'Season'.
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Harbison, unanimously approved payment of BILLS, as sub-
mitred by the City Manager, subject to the approval of the Finance
Commlttee:
General Fund $ 21,579.05
Water Fund - Operating 4,120.92
Special TrustAccount · 942;99
Payroll Accounts 22,280.33~
City Manager Lawson submitted the 'Request' of Mr. Richard Evans
for "TRANSFER" of the Beer License (consumption on the premiaee)
viously held by and issued to Ruby Macon, operating as Ruby's Restau-
rant, at ~05 West Atlantic Avenue, Mr. Evans having recently pur-
chased the business from Ruby Macon.
On motion of C~mmissioner McNeece and seconded by Commissioner
Warren, the Council unanimously approved the transfer of the Beer
License previo.usly issued to Ruby Macon, to the new owner of Ruby's
Restaurant - Rxchard Evans.
i The City Mann.get reminded the Council of the me.eting to be held
th~.s .Thursday evenxng.by th? Palm Beach County Assocxation of Munici-
palxtxes and urged all possible attendance. Meeting is to be held in
Riviera Beach. The Managef also reminded the Council of the Florida
League of Municipalities Meeting to be held October 29th thru the
31st which Commissioner Harbison agreed to attend if possible.
MEETING ADJOURNED:/~:' $:3..0. P.,M.:7~-. / R~I.tD~ WORTHING
APPROVED:
~ MA'IOR
OCTOBER 19th, 1959.
OCTOBER 19TH, 1959.
3:$0 P,M.
consideration of Bids submitted for ~nstallation of a water main
on S.W. lOth Str,, and ~,equested Roll Call, Commissioners J. LeRoy .
Croft, Charles. H. Harbison, Fred B. McNeece and George V. Warren ack
nowledging their presence. City Manager Lawson and City Attorney
Harry T. Newett were also present.
Th.e Mayor then requested of each Commission. er if _they.would waive
the "written notice" for such meeting as specified_by Section 20 of
the City Charter. On Call of Roll - Commissioner Harbison failed to
answer and withdrew fr.o~ the assembly. Commissioners Croft, McNeece,
and Warren, together w. lth Mayor Talbot, .each specifically and individ-
ually answered and waived a "written not,ce" thereof.
The City M~n.a~er was request, ed to.review the 'Sta.rting' time and
the 'Completion' time of 'the various bidders for said installation of
a water main on S. W. loth Street and re-read the following:
START C0¥~PLETE
Reilly-Bates Corp., 30 Da~,s $0 Da~,s
Howard Lee Cromer, Inc. lA $0
Oneman Engineering . 10 " 15 "
.I.ntercounty Construction 15 " $0 "
Commissioner Warren then moved that, based upon the consideration
that the bid of Howard Lee Cromer, Inc. was to start installation six-
teen day.s earlier than the lower bid, thereby being more satisfactory
to the City of Delray Beach .and based, further, UPon the advice of the
City Attorney that the Council.could exercise some discretion in the
matter and accep.~ the more satisfactory and re.sponsible bid, and re-
ject the lower bid, award of contract for the xn.stallation of a 10"
water main on S.W. 10th Street including a crossing under the Seaboard
Air Line Railroad be made to Howard Lee Cromer Inc. Motion was sec-
onded by Commissioner Croft and upon Call of Roll - Co_~,issioners
Warren and Croft, together with MAyor Talbot, voted in favor thereof,
Commissioner McNeece being opposed. Motion carried.
MEETING ADJOURNED: R. ~D. WORTHING
......City
/