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04-08-63 APRIL 8, 1963 A Regular meeting of the City Council of Delray"Beach was held in the Council Chambers at 8:00 P.M., with Mayor Walter Dietz in the Chair, Cit~ Manager. Robert'J. Holland, Cit~ Attorne~ John Ross ~dams and Councilmen A1 C. Avery, -Emox~y J. Barrow, George Talbot, Jr. and Oliver W. Woodard, Jr., being present. 1. An opening prayer was. delivered by~ the Reverend H. Stewart Austin. 2, The minutes of March 12th and 20th Special Meetings and Ma~ch ~th Regular Meeting were unanimously approved on motion by M~. Woodard and seconded by M~. Barrow. ' 3. Mr. Norris Bird, a general contractor of Delray Beach with a" business address of 113 $. E.. 2nd Street, informed tho"Council that he heard last week that the City is plannin~ to build ~ Community Center in the Southwest part of town and that he had called th~~ Architect and requested an opportunity to bid on thi*s'proJect and was told by the Architect that he had been given the authority Of the City CounCil to select the bidders and that he had already selected six, which he deemed to be enough bidders. ~. Bird said that on tax supported civic projects such as this it was always the understanding that the bidding was open for anyone who could qualify as a .builder and produce sufficient bond. Mr. Bird said that he was a licensed contractor and believed he could produce sufficient bond for said project and asked why he could not bid on the project. Mayor Dietz stated that the Council had given the project to Architect Hanna and had left the entire project with him. Following commente~ Mr. Avery moved that Mr. Bird be given an opportunity to bid on this' Job, the motion .being seconded by Mr. Barrow. Mr. Bird asked that the bidding date be extended for another ten days and Mr. Avery added such provision to his motion. Following discussion, Mr. Avery and Mr*.' Barrow withdrew their motion and s*econd, and Mr. ~very moved that the Architect be in- structed to allow any contractor whose principle place of bdsiness is located ~within ~he Ci~y limits of Delray Beach and who ca~ '~ comply with the' q~alific~tions be permitted to bid this Job and that the bid Opening date be at the Council ~eeting on April PYnd. The motion was seconded by Mr. Barrow and carried unan.imously... 3. Col. Dugal G. Campbell info~med the Council ~that he had J~st returned from the West Coast and had discussion concerning ~raffic conditions with a group there who are trying to get a program started in that area and asked if it was possible to sell the Delray Beach Council on the need of possibly taking the leadership and to plan something that would~ 6ut down the rate of terrific accidents, not only in Del~ay Beach, but ~throughout this whole area. Following discussion, Mr, Avery moved that the City Manager be instructed to start conducting detailed ~studies in what can be accomplished in safety work and prepare some advice on legislation which.would expedite it, taking as long a .time as necessary to ac- complish same. The motion was seconded by Mr. Woodard and carried unanimous ly. 3. Mr. Frank F. Ellis, 553 Jaeger D~ive, Tropic Palms Subdivision, informed the Council that the street sign he had requested at the last regular Council meeting had been installed, and expressed his thanks and apprecia~tion for this cooperation. X. Mr. Avery brought to Council attention again, the fact that some of the trucks hauling fill from the muck pulverizing operation in Tropic Palms were still using the main streets in said Subdivision instead cf using the route through the City Dump that had been agreed upon for their use.. City Manage~ Holland ~eported that this' muck pulverizing operation is serving a large area and that there is an occasional new t~ucker~ who does-not become informed of the proper route to be ~sed, arid that the Police Department is not Sufficiently Staffed to place a' man in that location constantly to catch the .violators, further, tha% he" does not consider it to be a serious problere'with onI~ an occasional violator.~ ~..M.A~ M~. Avery said that the muck pit is being operated by Tropic Builders and then moved that their permit be suspended until such time as they can assure the Council that everybody has been oriented and informed of this route. Mr. Woodard asked that the motion be worded to the effect that after a written letter of warning, if they do not abide by the' warning, their permit might, be suspended. Mr. Avery then moved that a letter be sent, by registered mail, to Burger of Tropic Builders, notifying him that if this does hot ~ease, and the complaints continue, the Council will take appropriate action at the next regular Council meeting to' keep him off of the city streets. The motion was seconded by Mr. Woodard and carried unani- mous lye 4. There was no Beautification Committee Report. 4a. A roll call showed that the following Civic Organizations and representatives were in attendance. Chamber of Commerce Mr. Kenneth Elltngsworth Breezy Ridge Estates Mr. John Sword League of Women Voters Mrs. Frank Carey Busines~ & Professional Woment's Club Mrs. Alyce Husa Beach Taxpayers League Mr. John Thayer Veterans of Foreign Wars Mr. Clarence Bingham Tropic Isle Civic Association Mr.. JohnHalstead 5. City Clerk Worthing referred to a re~ent communication to Herman W. Schull, Jr., of the Florida-Inland NavigationDistrict, ordered by Council concerning the disturbance of night operatioh of canal dredg- ing and read the following reply from Col. Schull,~ dated April 4,1963. "I have your letter concerning complaints from citizen~ about dredging operations being carried on during the night and early morning hours in DelraY in connection with the channel improvements for the Intracoastal Waterway. I have requested the dredging co~tractor to use all reasonable care in avoiding unnecessary noise at"night.. ~ince the con- tract provides that the dredging may be done 2J~hours a day, except on Sundays, it is not possible to discontinue the night operation. An investigation of the status of this work in Delray indicates that it will be completed before the end of this week. I regret the disturbance and annoyance referred to by the citizens of your City and hope that they can bear with this work for a few days longer." 5. City Clerk Worthing then read the following letter from the United States Coast ~uard, signed by R. O. Boardman, Commander, dated March 27, 1963. "The President of the United States has designated the third week in May as'Armed Forces Week and Saturday, 18 May 1963 as Armed Forces Day. It is requeste~, therefore, that you, as Mayor, form a local Armed Forces Day Committee consisting of the President off'the Chamber of Comme~ce and'other' leading citizens to foster as much community participation as possible. It is further requested that you issue the enclosed procla- mation to all citizens of your community. With thanks for your kind assistance." Following discussion, Mr. Avery moved that a committee consisting of Major DorotheaGalVin as Chairman, Mr. Oliver W. Woodard, Jr., and Mr. Kenneth Ellingsworth be appointed as Armed Forces Day Com- mittee and authorized to.select any other interested citizens that they may choose. The motion was seconded by Mr. Barrow and upon call of ~o11, Mr. Avery, Mr. Barrow, Mayor Dietz and Mr. Talbot (2) 4-8-63 voted in favor of the motion and Mr. Woodard abstained from voting. 5. City Clerk Worthing read the following Communications frbm Gordon T. Butler, Secretary of the Florida League of Municipalities, dated April [~th & 5th, 1963, concerning proposed increase of tax on cigarettes. GOVERNOR BRYANT'S MESSAGE TO THE 196,~ FLORIDA LEGISLATURE "In his message to the Legislature on Aprll 2, Governor Bryant stressed the need for aid to municipalities, stating: "The municipalities of Florida, hard pressed financially, have proposed an increase of 3~ per pack on cigarettes, and I have indicated my support of this revenue for our cities. The tax on cigarettes purchased outside of municipalities will be paid into the General Revenue Fund .... ~.. The League of Municipali- ties and municipal officials generally, have endorsed ~nd propose' to secure the introduction of legislation ~ncreasing the tax on the stand- ard~ cigarette pack from 5~ to 8~. Such an in- crease...'~...will do much to meet the needs of cities, particularly for capXtal outlay funds. In my opinion, such in increase is Justified and wise." LEG ISLA T IVE~BULLET I.N "Our cigarette tax bill (~.B...80), increasing the tax on ciga- rettes from %~ to 8~ per package, has been introduc~ed in the Senate and referred to the Finance and Taxation Committee, of which Senator B. C. Pearce is Chairman. This bill must receive a favorable report from the committee and, although your Senator is not a member of this committee, it would be most valuable if you could secure his support of this bill before the Finance and Taxation Committee. A telegram to Senator B. C. Pearce would also be of great value. I also urge your city to arrange a conference in Tallah~ssee as &arly as poSSible to discuss personally ou~ cigarette tax pro- gram with your legislator~ and, if possible, secure their active support. While in Tallahassee you could discuss other legis- lation of local interest and such a conference would be most valuable in every respect. After your c~nference, I would lik~ to have as quickly as pos- sible'~the reactions~ of your .legislators to our' cigarette tax program in order that we might plan our legislative efforts ac c etd ingly. If I can be of any assistance, please let me know. My Talla- hassee address is the Dural Hotel." There was discussion concerning the amount of additional revenue this would bring into the city for capital improvements and o~her things that are needed, without the need for an increase in tax millage. Each councilman e~ressed their personal opinion on the matter and Mr. Woodard moved that the City endorse the Florida League of' Municipalities proposal, for an increase 'of from 5 to 8 cents, and also endorse Governor Bryant~ position in this particular increase, and a copy of this endorsement be sent to the legislators and a telegram be sent to Senator Pearce. Tho"motion was seconded by Mr. Avery and upon call of roll, Mm. Avery, Mm. Bar~ow, Mr. Talbot' and Mr. Wooda~d Voted in favor of the motion and Mayor Dietz was opposed. ha. M~. Avery read excerpts from May 22nd and June 12th, 1961 minutes or Co~ncll meetings concerning the competency of sub.con- tractors and ~ction that the Counci! took at that time concerning same, which was that an active County Occupational .LiCense be qu[red as a prerequisite to obtaining a city"license. Mn. Avery stated that this action had recently been challenged by a con- tractor and it appears that there'shouId be an amendment, to the licensing Ordinance in order to make ~aid requirement enforceable by the City. Mr. Avery then moved that the City Attorney be in- structed to draw up an amendment to the licensing Ordinance which would make it possible to accomplish .this and present it to Council at the next meeting for first reading. The motion was seconded by Mr. Woodard and carried unanimously. ha. Mr. Woodard info~med the Council that several members of the Gulfstream Cit~ Commission had requested that .an item be brought to Council' attention tonight, '~hat recently the Town Of Gulfstream, under signature of Mayor Curtis Dodson, had .written a letter to the South Lake Worth Inlet Disbrict requesting that the District kepp the Town of Gulfstream appraised of the various developments re- garding possible deepening, widening and/or extension of ~he groins at the South B~ynton Inlet, and that it-might be beneficial if the Communities to theS~o~th of the Inlet wrote to Said Inlet District asking that they be kept appraised of the various engineering developments. Mr. Woodard then moved that the City Manager write to the South Lake Wot'th Inlet District indicating Cbuncil i~terest in the project-and that they"keep Delray Beach appraised of any developments~A~ they occur. The motion was seconded by Mr. Avery and carried unanimously. ha. Mayor Dietz commaented as follows~ "I ha~e an item that con- cerns me no end."' Recently incur local newspaper, the Del~ay News Journal, Wednesday, April 3, 1963, I quote fr~m ~n Editorial which does not tell th6 ~eople the fa~ts_. I hale"had a n~n~ber of citizens contact me and I want'~to go on record now saying that our Polic~ Department is not in a~ess~ this is incorrect. Ou~ PcIice Depart- ment is very efficient as far as I ~can see. .I think that sbme of the Communities to the South and the North of us would be happy if they had a'~olice Department as good as ours~ Just today, without botheringy°u, I have a letter from Beaumont,1 Texas, from a person who was here, c6mplimenting our Police Department. I amso dis- turbid about this that I am going to ask the Gouncll,~please, to give a vote of confidence to our entire Police DePartment, and would like for someone t6 so move." It ~&$3 so moved by Mr. Barrow, seconded by Mr. Avery and unanimously carried. 6a. City Clerk Worthing reported' that due to the determined need for additional Jail facilities, authorization is requested for the City Manager to provide for employment of an architect for sub- mission of a suitable and feasible plan for expansion of the pre- sent Jail facilities within the Municipal Building. It was made known that this would not be a large expensive remodeling Job, but that there was a room at the ~ear ~f the~building that could be used for this purpose, further, that' it seemedadvisabIe to consider the ~ervices of the architect that had worked on the last changes to sai~ building.~ Following discussion, ~. Agery ~oved that the City Manager contact Mr. Kenneth Jacobson and ascertain what his fe~1 Would be for a preliminary study to give. the Council estimates and PecofamendAtions on this Job. The motiem~as seconded by Mr. Woodard and carried unanimously. Fbllowing further discussion, Mayor DietZ Informed the Council-that upon receipt of report f~om the City Manager concerning the architect, s'fee that he would call a Special Council meeting for conside~aZ~bn of sam~. It was quested that the Architect be infor~ha-~ this was not tO be an elaborate project, but Just a terror, fY measure for the next two or three years to' fill the critica~ need~ 9.c. The City Clerk reported that as a result of recent Council request that the Plannin~a~d. Zoning Board review pe~missd~e height construction ~inR-3 zoned a~ea and posaibte e~fect~of Ordinance No. G-~69, which'permitted 100 foot. high constrB~on in R-3 Zone, the following report had been received, dated A~i ~ 3, 1963. - ' (4) "Re= Height of, structures in R-3 zone. The Planning Board recommends that the present ordinance,per- 't~ining to building heights regulations in the R-3, multiple f~_tly dwelling district be ?ha~ge~ as...fo119ws= On ocean front and Intracoastal Waterway front lots, buildin~ ma~ be erected to a height not exceeding one hundred.~lO0) feet measured from the crown of the ' hXghest adjoining street to the ceilin~ of the highest habitable floor~ Buildings in Other R-3 districts may be erected to a height not exceeding forty-fives(45) feet measured from the crown of the hi~es~ adjoining street to the ceiling of the highest habitable floor." ~yor Dietz pointed out ~hat the Plan~ing Board report referred to the height of buildings along the Ocean and also the height along the Intracoastal Waterway and that he would prefer that these loca- tions be acted upon separately. Mr. AVery said that he had not had sufficient time to study this and moved that it be tabled until the next regular Council meeting~ The motion was seconded by Nm. Woodard. Mr. Talbot said that he would 'like for the Council to consider, and give the audience an opportunity to express themselves, on the matter of accepting the Planning Board recommendation tO the extent that it has been offered with the exception that the 100~ buildings be eliminated on the Intracoastal Waterway. It was ~uestioned as to whether the procedure in Roberts Rules of Order was being-followed and Mr. Avery asked for the question to the motion,"and that discussion of this item would follOW im~aedi- ately thereafter. -'upon call of roll, Mr. Nvery, Nm. Barrow and Mr. Woodard voted in favor_of the motion and Mayor Dietz'and Nr. Talbot were opposed~ Th&lmotion'carried. 'Col. Dugal Campbell mentioned that the Planning Board recommended that the height of ~he ~00~ be to~ the ceiling of the highest~'habit~ able floor whlch would permit higher construction Of~ther nature, and that it was not specified whether the~ recommended the I00~ buildings on both'sides of the Intracoastal Waterway and that depth was not specified, that he feels ~hie'r~qui~es a lot of study, further, that he would like tO see the ~45 day moratorium be changed to a moratorium that runs to the point of final discussion and decision. Nm. Avery then moved that the moratorium be extended to final decision of Council on building height construction allowed in R-3 zone, the motion being seconded by Mr. TalbOt. City Attorney Adams said that the motion shows the intent of the ~ouncil and would be upheld, but an Ordinance is more effective. Miss Dorothea Galvin said that the Council should consider the wording in the Planning Board recommendation of the 100~ building measured to the ceiling of the highest habitable floor, as such wording would permit a swimming Pool, a roof garden o~ other con- struction, and she feels that Should not be permitted. Mr. John Thayer,-Secretary of the Beach Taxpayers League said that he concurs with Miss Galvin in her s~atements~ and pointed out that there is no great rush in making 'a dgcisiOn on this -item, that it should be studied. Mayor Dietz read excerpts from the Boston Sunday Heral~ paper of March 10, 1963 from an article w~ltten by their Read Estate Editor William E. D0rman on Delray Beach. Upon call of roll of the motion concerning extension of a certain building moratorium, said motion carried unan/mously. Mr. Avery reminded the Council of the good advertising that the Chicago Tribune had done for Delray Beach recentlyand that the City Council had commended the~.and expressed their appreciation for such a fine article, and Mr. Avery'moved that the Council do the (5) ~-8-63 same thing for this Boston paper and Editor that was.done for the Chicago Tribune and Editor, and that said Resolutions be prepared for action at the next regular meeting. The motion was seconded by Mm. Barrow and carried unanimously. Mayor Dietz said that Agenda item 9.c. would be.placed on the agenda for the next regular Council meeting. 6.b. The City Clerk informed the Council that concerning the de- sired irmprovement of S. E. 10th Street, between Federal Highway South (State Road No. 5) and the ~lorids East Coast Railway's right of way, a distance of approximately 1,%00 feet, the City Engineer has estimated cost of such improvement, 24 feet in width with 8 foot wide stabilized shoulders on each side, to be $11,000.00, that the County offers to share on an equal basis with the city, cost for actual improvement of the street, subject to it being understood and agreed that the County's liability shall not exceed $5,500.00, and further subject to it being agreed that all surveys, plans and specifications, as well as engineering supervision of construction, will be provided by the city at its own expense, further, that Council authorization for executi$n of this Construction Agreement, if approved, is requested. City Manager Holland said that in order to do this work and several other ~rojects that he is working on he would like to borrow approximately$17,500.00 from the fund for widening of West Atlantic AvenUe, for the Street Maintenance ~und and that same could be paid back fromnext vear~s .budget. The projects to be covered by this $17,500.00 are %he S. E. ~0th Street paving from'ge Florida East Coast Railroad to State Road No. 5; Paving of North West 4th Avenue from 9th to llth Streets on which right-of-way has recently been obtained; Widen and improve part of N. E. 22nd Street where addi- tional right-of-way has recently beenobtained; Slurry Seal numerous streets that have Just-been opened and constructed; and to improve some alleys that he deems to be advisable. Finance Director Weber informed the C~unetl that there was $30,000.00 in the Account for Transfers that had been earmarked for improvement fund this.fiscal year,~and Mm~..Woodard.mo~ed that $17,500.00 be transfered.from AccoUmt for TranSfers ACcount No. 900, to Maintenance.of Streets Account No. 321 as requested by the City Manager. The motion was seconded by. Mr. Avery=and unanimously carried. Mr. Avery then moved to authorize exe.~,u~ion of the agreement with Palm Beach County concerning construction.~.of S. E.~IG~h Street, the motion being seconded by Mr. Woodard and. unanimously carried. It was mentioned that after S. E. 10th Street has been rebuilt it can be used as a truck route. 6.c. The City Clerk informed the Council that a public hearing has been scheduled for receiving comments or objections, if anY,'~to granting expansion of the permissive use now existing-on a parcel of land adjacent to and immediately east of Lot 1, Golfview Estates, further identified as Sunshine Broadca~sting Company's WDB~ Radio Station, such expansion to incorporate sai~L~t 1, Golfview Estates. The Planning~Board held a he~rin~ On ~h~. sUb~ect m~tt?r March . 22nd, and under date of March 2~th,..app=o~e~ such permissive use expansion be granted .... It is recommended that expansion of the permissive use ~s per- tains to the WDBF Radio Station activity, be extended tO Lot 1, Golfview Estates, s~bJect.%o the owner of said land, Sunshine Broadcasting Company, d~dicatingthe north 13 feet %hereof for the widening and determined improvement of State Road 806. ~oltowing discussion, Mr, Woodard moved..~hatpermissive uae be granted to Radio Station W.D,B.F. £or e~l~sAon .of their permissive use on Lot 1, Golfview Estates, sub~ec, ti.~coun..oil ne~iew of any physical expansion of their facili6ies'w~h ~bheymight deem neces- sary and also subject to their dedication of the Nomth 13 feet of said Lot 1 for right-of-way pu~posesj ~b~e motion w~s-seconded by Mr. Talbot and carried unanimously. 6.d. Concerning p~.osed Supp~lemental Agreement No~ 2 to existing Engineering Contrag%%',MayorDi~tz announoed that.ther~ had'b~e~ 't a SpecialOounoil meeting this afternoon coneernxng.same, aha ~na (6) 4-8-63 the City Attorneyand'the'Engineers are going to work out some changes in wording of different items and same. will be considered at a later meeting. 6.e. It was reported that the'Board of Trustees for.the PO!ice Retirement Fund. consists of only three members, namely: Walter Dietz, Mayor; R. C. Croft, Chief of Police and James Grantham, Police Lieutenant, and that Section 185.05 of the StateStatutesrequires as follows: The present Board of Trustees for the Poiice Retirement Fund con- sists of but 3 members, namely: Walter Dietz MaYor R. C. Croft Chief of Police James Grantham Police Lieutenant Section 185.05 of the State Statutes requires: "The board Of trustees shall consist of the Mayor, the Chief of the Police Department' and two regularly employed policemen of the municipality to be chosen by the legislative body of the munici- pality upon recommendation of a majority of the regularly employed policemen of the municipality, and one resident of the municipality to be'appointed by the legislative body ortho municipality. Council~is requested to provide for the appointment of a local resident of Delray Beach for a two year term of office as Truste~'~ upon said Board. A recommendation by a majority of the regularly employed police- men~of a regularly employed policeman, as a member of said Board. will be available at Council Meeting, Monday night, for consider, ation. CityClerk Worthing reported that Sgt. James D. Messer had b~en recommended-by the Police Department for appointment to~.said Board. Mr. Avery recommended Mrs. Catherine Strong for appointment to said Board, but the Council was informed that it might be advisable to appoint a member of some local banking institution as the resi- dent member of that Board. Following discussion, Mr. Woodard movedthat'Mr, j. Morgan Mlkell be appointed to the Board of TruStees of the Police Retire' ment Fund, subJ~ect to his consent and that Sgt. James D. Messer be appointed~as a member of said Board as recommended.~.THe motion was seconded by Mr. Avery and carried unanimously. 7.a. City Clerk Worthing informed the Council that t~e Unity LUtheran Church has requested permission to use the Corm~unity Center building on Easter Sunday, April 14th, between the hours of 9:00 a.m. and 12 Noon, and that such use will require Janitorial service being arranged for that Sunday tb make necessary arrangements both before and after the Unity Lutheran service. It is recommended that this permit be granted inasmuch as no conflict in scheduled affairs of the Center would result therefrom; however, Council determination as~to liability fob cost of necessary Janitorial service is requested, if it be the pleasure of Council to grant this requestL. Mr. Avery moved that the permission be granted to the Unity' Lutheran Church subject to the City Manager,s satisfactio~ as'to Janitorial service, the motion being seconded by Mr. Woodard and unanimously carried, ?.b. The City Clerk reported that the Trinity Lutheran Church has requested permission to use the Community Center for an operetta on either Friday, May 10th, or Friday, May l?th. ~Pre-scheduled programs leave NO OPEN TIMEfor Community use on Fridays. NO CONFLICT with the regular established programming of activities at the Center would arise if such request were made for any Sunday or Monday. It was further reported that members of the Church had said~ that they could use a Monday, but-not a Sunday. Mr. Avery then moved that the City Manager be instructed to give said Church permission. for use of the Community Center for any Monday that would fit in with his scheduling. The motion was seconded by Mr. Woodard and carried unanimously, (7) 4-8-63 7.c.~ C'i~y Clerk Worthing informed the Council that a request had been receive~ for elimination of a corner radius on Lot 10, Block 1, Osceola Park and that it is recommaended that this petition be referred to the City Manager to determine if the County has plans for future widening of S. E. 10th Street, as well as to obtain State Road Departmentfs regulations pertaining to road construction on corners at intersection of State roads and cross streets, it being so moved by Mr. Talbot. The motion was seconded by ~. Woodard and unanimously carried. 8.a. City Clerk Worthing read RESOLUTION NO. 1¥!6. RESOLUTION NO. ~ RESOLUTI0~ GRANTING LICENSE TO CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DIS- TRICT TO UTILIZE CERTAIN. STREET RIGHTS oF why ~o~ T~E CONST~!O~; AND ~mIN- TENANCE OF 0ANAL C-l~ ~(LATERAL 38 EX . TENS ION). WHEREAS, the Central and SOuthern Florida Flood Control Dis- trict has requested the Board of City commis'sioner~ to grant-it permanent easements 'upon segments of the rights Of way of Spanish Trail and Lilac D~ive to be utilized for the .purpoSe of construction and maintenance of Canal C-15 (Lateral 38 Extension)'$ and WHEREAS, the ,construction and proper maintenance of said Canal appears to be in the public interest and for the public con- venience and welfare, and for the public benefit, and necessary for carrying out .the~works of improvement of Central and Southern Florida Control District, and the Board of' City ~O.ommis~loners is desirous of cooperating $o the fullest extent with the DiStrlct~ However, since the City .does not Own the fee title tO sa~d rights of way, and is vested Only with easements thereto for public 'steer purposes, ~he Board entertains doubt as to the propriety 'of Era~t!ng the p~manent easements requested.. The Board deems it a~visable tO .accom~ti'sh the purposes de, ired by means of a license or permi~,i.%nstead of by easement, upon the.'~ndi~ti0ns hereinafter set forth', . · ' 'NOW, THEREfOrE, BE IT RESOLVED BY THE BOARD'OF 'COMMISSIONERS 0F THE C~TY OF DET~Y BEACH, FLORIDA, that the Centr'al and Southern Florida Flood Control District be and it is hereby granted a perpet- ual license or permit to use for the PUr~ose of construc.tion and maintenance of Canal C-15 (Lateral 38 E~Dsion) t~he following segments or portions of the following st~et rights of way, to wit: Ail that part of Spanish Trail, Tropic Isle, Section 4,' Delray Beach, Florida,. a subdivision, in S.ection 33, Township 46 South, Range 43 East, according bo the p~t thereof, as rec,rded in plat BOOk 2%, page 69 and 7~., Palm Be.ach County, Florida, public recor~ds, lying 210.00 feet Norther!~ of, cOntigUOus, p~ra!lel and as measured at right angles 't'o ~he Westeriy~p~01ongation of the North right of ~way line of 'Lilac D~ive; AND, Ail that part of Lilac Drive, Of Said Tropic Isle, SeCtion ~, lying Northerly of the Easterly prolongation of the South lin~ of Lot 577, sa~d Tropic' Isle, Section 4 ~esol~$ion No. ]¥~6 was unanimously' passed and adopt~ed on motion by.'~m. Talbot and Seconded by Mr. Woodard~ 8.b... City Clerk Worthing presented RESOLUTION NO. A RESO~,UTION OF THE CITY COUNCIL OF 'THE FOR EXCHANGE' 0F'0~ITY OWNED' ~ND~' FOR · LANDS OWNED BY PRIVATE PARTIES.. WHEREAS, the City of Delray Beach, a municipal 'corporation, is the owner of the following described lands, to Wit: The North 77 feet of the South 312 feet of the West 135 feet of Bloc~k-.t4, City of Delray Beach; which lands, in the opinion of-the City Council~ are not needed for municipal purp.oses; and WHEREAS, JOHN.R. EVANS andBELLE.S. EVANS' his wife, are the owners of the following described lands, to wit: The East '50 feet of the West'85 feet of' the South. 135 feet of Block 14, City of Detray Beach; which lands the City desires 'to 'acquire for municipal purposes; and WHEREAS, in the opini'6n of th~ Cit~ Council, it is for the best inter~sts of the City that the lands above described owned by it be ~xchanged for the lands above described owned by JOHN R. EVANS and BELLE S. EVANS, his wife; and WHEREAS, a notice setting forth the terms ~nd conditions of the above described exchange of reel property wa~ p~blished once a week for two weeks in the Delray Beach News-Journal as re~uire~ by Section 7 (2) (b) (1) of the Charter of the City .of Delray Beach, Florida; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That the above described parcel of land owned by the City of Delray Beach, not needed for city-purposes, be exchanged for the property described above owned by JOHN R. EVANS and BELLE S. EVANS, his wife, and as a further consideration, the City of Delray Beach will also assume and satisfy a street ~improvement lien in the amount of $125.30 which is on record against the property hereinabove last described. It was mentioned that it would be necessary to "quiet title" on this property before it would;be advisable to use' it for construc- tion of a lift station for the Sanitary Sewer Project. Mr. Talbot moved that Resolution No. 1~7 be passed and adopted, subject to quieting title on the properties involved, the motion being seconded by M~. Avery. City Attorney Adams repot%ed that he. would Want to examine both pieces of property further, End that there'Is a possibility that the lines could'be rerouted and' the lift station lBcate~ in a city right-of-way. The motion and second' were withdrawn; and Mr. Avery moved that Resolution N~. 1;~;!7 be tabled, the motion being seconded by Mr.. Talbot and unanimously carried. 8.c. City Clerk Worthing presented ORDINANCE NO. G-482 AN ORDINANCE DF T~E CITY COUNCIL OF THE CITY 0F DELRAY BEACH, FLORIDA, AMENDING SECT~ION.23-20~ THE CITY'S CODE 0F-~0RDINANCES, PERTAINING TO THE NUMBERING OF BUILDINGS AND STRUCTURES. Ordinance No. G-482 was unanimously placed on first reading on motion by Hr. Talbot and seconded by~ Mm. Barrow.. 9.a. 0ity Clerk Worthing read the following report from the De]may Beach Community RelatiOns Committee, si~ed by Virginia C. Meyers, Secretary, dated April 4, 1963. "The Committee met in regular session on April 1st. in the City Mr. Tobias Simon, Secretary of the .Florida Advisory Committee to the United States Commission on Civil Rights was present as a guest. Mr. Simon explained the work of the Commission and of the Florida Advisory Committee. The Committee agreed that an excellent start had been made on the Westside Recreation Center. It was pointed out, However, that the success of the Center would depend on th~ staff aHd the policy that governed its use. The Committee agreed that (9) 4-8-~3 it was ~,mportaiit that qualified pe~eonnel be sought out and ehcouraged tD apply"for positions at the Center. The impor- tance of advance .planming for the most effective use 6f the Center, was also discussed. The. 0ommittee decided that in order.to, insure th~ best use of the ~Cent~r, the City C0mmi~-' sion should immediately appoint a C~ns~lting Board for the Westside Recreation Cen~er. A motion to this effect was duly made, seconded, and unanimously passedl The Committee further recommended that this Board be as representative as possible, and the Neg~o members of the Committee agreed to furnish the City Commission with a list of people ~who, they felt, repre- sented various age groups and occupations. I~ was thought that a ~membership of seven would be large enough to be repre- sentative o A sub-committe~ meeting has been set for next Thursday to dis- cuss beautifica$ion of certain areas of the city." ~. Avery moved that the Com~ity Relations~Committee~be request- ed to Submit to Council the names o£~ seven negroes for~ possible ap- pointment to a Consulting Board for the Westside Recreation Center, the motion being seconded by Mr. Barrow and unanimously, carried. 9.b. It was ~epor~ed~hat on February 25th, 19~63, while in regular session, the Council referred to the Plannin~on~g Board a petition from Mr. R. R. BonneI1, signed b2 many' business ]iD_dividuals and firms in ~he vicinity 'of Eas~t At,lantic .Avenue and Fed~l. Highway Northbound whick requested Council to arrange, fo~.. parking facilities' in ~tha~ area and ,further-offered a parcel of land approximately' 223 f~et by 130 ~eet on the~aat side of S. E~ 6th A~venue. ena .lease plan for '$6~,000. O.O'pe¥ .year The Following Planning Board Report .dst:ed April 3, 1963 was read: "Re': 'Bonnelt r~quest .for parking area East of East 6th Avenue. The PlannSng B~sm~d racommends that the req~es~.and"pe~ition be denied, and that the City only furnish parking areas.on City owned :land.." . Mr, Barro~ moved"'to sustain ~.'recommendation of the Planning 'Board The mOt-ion .was . s~conded~H~, Avery and carried unanimously. 9~c. See pages ~;~and '5:of thes.e.:;minutes~for this item. 10.a. Bills for Approval were presented as follows: ;';General EL~nd $ 58,787.39 ~ater Fund - OPerating Fund 3,210.17 Beach Disas"ter '& ImprOvement Fund 9[~5.00 Nm. Talbot moved that said b'i~s seconded by Mr:, BarroWQ~ Upon oa'~l~ of r~ll, Mr. Barrow, Mayor Dietz, Mr. Talbot and'.~.Er. '~oodard~voted.tn-favoP of the motion and Mr. Avery was opposed. The meeting adjourned at 10:05 P.M~ on motion by Mr. Woodard. Oity~ A PPROVED: MA YOR (10_ 4-8-63 APRIL 5, 1963, A special meeting was 'held~in the Co~nCi~ Chamber_s .at 2_;00 P.M. Monday, ApriI 8, 1963, with ~r ~lter Dietz in ~e M~ager-Robert J; Holl~d, City Attorney John ~s8 i-Ad,ms ~ ~gncll- men A1 C, Avery, ~ry J~ Barrow, ~rge Taler, Jr.,. and O!i~er w. Woodard, Jr.-'being present. ~ .G~lbert~ Clifford of Russell & ~on was ~SO 9resent. An opening pratt ~s. delivered by City Clerk Worthlng. MayOr D~etz called ~e meeting to order stating that s~e had been called pursuant to Section 20 of the C~ty ~arter of ~e of:Delray Beach, for the p~pose of considerat~on of final contract drawings and construction spec~fications in connection wi~ ~e Sewage ~rks Project, Job~ ~.~ 5964-8 [a), and for ~ny ~ther business ~at may come before ~e. ~r Dietz int=oduced ~. Daniel R. Neff, a citizen and taxpayer Of ~lray Bea~, ~o has had many years experience in ~e t~e of construction ~at ~Iray Bea~ ~s planning to ~d~take in :the Sanita~ Se~r construction, and info,ed ~e ~'cil ~at ~. Neff had very k~ndly offered h~s service, free of-~e to ~e C~y of ~Iray Beach, to ~ss~s2 in ~etting this se~r project und~ay. Mayor Dietz named m~ny: large turnpike and freely ~o~s~ructions ~. Neff had ~rke~ on, a~.' ~ended ~. Neff on offering his serv- ices free of charge to ~e C~ty to assist in getting such an im~r- rant project as the ~nitary sewers startS; ~rther, ~at ~. Neff ~ks ~e ~gineers have done a very good Job, that he likes ~e drawings '~d also ~he specificat~ons except in~ certain instances where he feels, based on his e~rience, ,~at they are~'-a little loose. ~. Neff c~ented as follows~ "I feel that ~ere are certain pitfalls ~at can occur in a projec~ of ~s ma~itude and have cussed some ~f them w~ ~r D~etz, and I .can translate words the 8~c~ficatiOns to 2hinge that wil'l happen a ~a.= from now and point out what may happen, and-suggest r~edies and reco~endations to ~u, and if I can be helpful I will be amply repaid for the t~me." ~. Neff sa~d that he thought it ~s wise ~at the ~uncil ~lans to grant su~rv~s~on of, construction to ~e ~nsult~ng ~g~nee~ desi~ ~e project, as ~ere is single responsibility ~n' ~at spect. ~. Neff stat~ that the ma~n point that ~mpress~ him ~n the specif~cations, and it has ~o do wi~ policy, is ~at. he ~uld recom- mend ~at ~e city have the ~nsulting ~gineers ~ke a schedule for the ~rk stating whaZ :t~es ~hey can ~rk at different locations, ~e 'CO--oil approve ~at schedule and then ma~ it a part of ~e'con.tract,. Othe~i~se he feels ~a-t..~e city ~i~1 be put ~n the pos~t~on of trying to evaluate money against time. GE~L CO~ITIONS Page 9, ~ 5 b and Page 5, ~tem e, also I~O~TI~ FOR BIDDERS, Page 3, it~.-9, were men~i'on~ ~n regard to ~s. It was e~lained ~hat ~e sched~ing of ~e ~rk will be made a pa=t of ~e Con~ract at the t~e the Contract is let, but ~rk~ up after the b~dding is done. ~ere was leng~y ~eneral discuss~on con- ~rning ~k schedules. ~nCern~ng another re~enda.t~on, ~. Neff sa~d that ~e dated damages sta~d ~' ~e s~cifiua~ions are $50.00 a day a~ he said ~at ~s not hi~ enough, in his opinion, ~r a ~ntract of this ~i~ude, 'and ~a~ he ~ouqht it 'should be predicated'on ~e bond ~nterest 'co~, and reco~end~ that ~e l~da~ damages be ~n- creased to ~e cost of ~nd ~nterest plus ~e ~st of engineering. ~63 Sp. It was explained that the sewer project is broken down into six parts and is broken down to $50.00 per day on each part, therefore, the total is $300..00. Mr. 'Neff then recommended ~that an equal bonus be offered to the dontractors to get 'tl~e:.'Job don'e'ahead_:of-time, where you could get a' Usable'Section, fu~che~, that it has been experienced that you cahnO% enforce a penalty without a corresponding.bo~us, During discussion, it wes brought out that there could not ~be a usable section until the Ocean Outfall, Lift Stations and Force Mains had been compieted. Mr. Neff then commented On maintenance of detours, that this would be a nuisance at times and in a resort area, that it is covered i~ ~hree"pofntS~ of' the specifications now, and. that his recommenda,., 'rich Would'be that it b~ put .in a separate paragraph on Maintenance Of 'Traffic & DetOurs,- setting.up specifically what the contractor is to. do. .. Mr. Cli'fford'said that. they- cIearly state .in the aPec~ic~tions that the contractor will get with the Engineer, City Police and Fire Departments and if necessary with the City Council prior to entering an area. Mr; Neff said that under BID P&qOPOSAL; Page 26 of the~.Revised SpeCif~'cations, the.contractor has th~. chance~to bid on substitutions other than' that' specified by..the. Engineer, and. recommended~ that BID PROPOSAI~ Page 31 be eliminate~ except, for .non-availability. within the time limit of. specifications, and pointed. ~u~ that ~when the · contra~or'£:s gi.ven: one-chance to~,~id on alternate equipment he Shouldn't-be .,~v~n? another except- for one PUrpOSe, that being non- availability within the: time .limit specified. 'I~ 'GENER~L:COND~[TIONS, Page 11, ~em 6 .a, .c~...nc~rning. ~he~desire cfa contrautor.'~anting to work.at n:4ght~ Mr, ~N.eff said he feels this is'another point in a resort area where a nuisance may be created. 'T~re ~as '~T~scUssion .~oncerning: ~he' enforcement~of an anti,noise o~d~'nance du~:~c/'.con~truction ~.{.~uoh a project;, It was poin~ted out ~ha~ th'e~. sp~c~:ffca~ions;~ere wr.i'tten .so that ~he cpntractor .~ould be controlT~d~, in..'th~s:regard but. that there are certa/n 'things, such as a continuous pour 'of~'concrete,-~ha~~ cannot, be stopped at a certain ho~r~ a~f~r..they have' been started,. City &ttorney-Adams said that he thought GENERAL CONDITIONS, Page -12~ ~4te~~ 6~ c, needed a~ ~ittle more clar~f~ication. He also .referred to' ~NFORMATION FOR BIDDER,S,' item 1:4., and s~ated~that it wa~ his under- standing that Mr. Barrow had wanted all sub-coptractors listed .with the bids, and the way it appears now is that only the local suppliers and :sub'-cOntractors woulc~h&we to~be.!~is:ted. At~orn. ey::Adams stated ~-·%ha~t :the' way it i~s pre~.ent~worded ~er ~L COL~X. TIO.~ NS, Page ~T~,"c~em c,> ~he contractor.,, a.~ter,, Ch~ e~igning of the contract gives ~Follow~nT :diauussion~ :.Mr,~ Cl&ffo~d,., eai:d ~ i~ ~ou:ld. be~ -~eworded to ~nclude a~:~,. ~sub~Uont~actors~ and: ma.teri~ SUl~f~liers,,~. !n.c~d: ~ local. .~ity' At~tOfa~y Ada~--referred ~o GEN~.RAL ~COND~T~0N$, Page-. 3.,, item d, and said that' "with' th~,~approval .of:~Jle, city c~u~ll" _should have 'beer~* left:out "as was decid~c% at the prior~ nee. ~ .p~ the Specifica- There was lengthy discussion conuerni.nq~ suspension of work, s~cheduling of work,-' etc., and City Attorney Adams asked if under f~i~at~6n of purpose; that ~his daesn~-t .,affect the Engineer's:.right to. su~end, work under a: rescbeduling of .work. Mr.' Cl'£f'£ord explained...that when .work was suspemded it~ .was ~s,topped,"~u~t if ~ .contractor .iwas moved from .the No~th end. of town to ~"~h~e:.:~,~. end,-~:.-'~at ~ouid be re~cheduling .anti-.not suspension. -2- 4-8-63 Sp, I01 ' It w~s explained that a construction schedule would be submitted by the contractor and approved by the Engineers which would control work being carrie~ on in different locations at certain times. Mr. CliffOrd reminded t~e Council that ~ Section 3 of the~ontract covers the total collection system on the beach side, and. that phase of~ the 'contract would 'be split ~n order .,for ,work to be carried on in the summer months and shut off during.~the .tourist. season. Mayor Dietz said,.' as he understands it, the.consensus ~of 'the~'Council, by vote,, w&s that there was' to be no tearing up~i~ the bee,ch section during the tourist season. It was. stated' that the beach section would have to be defined, and What is considere~.,as the tourist season would have to be defined., It was brough~ out' that if one contractor was awarded Section's 1~, 2'-& 3, ~hat ,~here ~would be no problem, but that if a contractor was awarded Section 3 onlY, that there would be a problem. Mr. Avery said if all of these stipula- tions and road blocks were thrown into the specifications for bidding that the bids' would be very high, and he felt that the proper, time for that to be considered is after the bidding and before 'the letting of the contract. In view of the very large sewer contract to be let i~ North Miami, and the numerous sewer construction projects in Florida at the present time, Mr. Avery 'asked Mr. Clifford if.~he Delray project was still within the estimate? Mr. Clifford said that there had been a steady increase in prices and that this could possibly be a ~border line Case and the more stipulations and uncertainty,, the higher the b~ds would be. It was stated that the Schedule of work as desired by th9 Council would be specified in the contract before it was signed and that it was the duty of the City Attorney to be sure that it was there befor~ said contracts were signed'.- Mr. Avery said that there was a contractor in Ohio wh~might be interested in comin~ down for as much as two million doll~r~-,worth of Work but would not be interested is set up in the specifications, a person cannot bi'd ~or 'a,ll 'or none. Mr. Avery then asked if that would be tying the city's hands in get- ting, the low bid, if tied bids are not pe~mitted? Mr, Talbot asked why the specifications were ~written~'the way they were in that respect? Mr. Clifford replied that it was done to afford the City the abilities of the Smaller contractors whose bond ability is limited. Mr. Clifford stated that the contractor from Ohio that Mr. Avery spoke of could qualify his bid w~th a letter with that particular statement in it, and then if he is low it becomes the prerogative of the City to either reject his bid as in'formal or consider it a bid. The following paragraph was read from Page ~ of REOUES~ FOR BIDS. "ContraCtors may submit bids on one or any combination of ~ections. Contractors may offer a reduction for award of a combination of sec- tions but shall not tie their bids for the combination. Tied' bids will be deemed invalid and will be rejected." Mr. Clifford suggested adding: "where in the opinion of the C0~cil it'-is not to ,the best interest of' the City" to the above quoted paragraph. The individual members of the Council expressed their agreement to such a phrase being added to said paragraph on Page i of the' RSOUEST FOR BIDS. Concerning INFORMATION FOR BIDDERS, Page 4, item states, "Bids tying one or more sections with refusal to accept separate sections will not be allowed." Mr. Clifford said that could be 'changed to conform wi-th 'the REOUEST FOR BIDS' stateme~lt concerning same. 4-8-63 Sp. Mayor Dietz referred to a Supplemental 'Agreement that George Russell had sent down, and read from item No. 2, as follows~ "That it is further agreed that the Engineers do carry Insuranue to cover errors and omissions in the amount of $150,000.00 per annum with $5,000,00 deductible clause." Mayor Dietz asked what the $150~000,00 per annum meant, to which Mr, Clifford answered that was the value of their yearly policy. Mayor Dietz said he felt that was a very low figure to cover the size of ,the Delray project, and that there is no mention of the period of time that. Delray Beach has to determine that errors or omissions have been made, further, that $500,000.00 insurance ~9~erage would make about $200,00 'difference in premium, per year. City Attorney Adams stated that he had contacted the City's supervising Insurance Agent who had said that in his opinion the additional premium would not exceed $200.00 per year for an addition- al $350,000.00 coverage. Following discussion, Mr. Avery moved that the Engineers submit to Council a cost of the.premium_in addition to the $150,000.00 and if the Council is in agreement to that amount of money, the Council will reimburse them for that amount of premium. Mayor Dietz asked if the motion could be made as follows: "That the Council is in favor of the '$5.00,000..00 figure a~nd. we vote on that provided that the cost is not excessive and it is understood that the increased cost will be reimbursed to the Engineers." Mr. Avery so moved, .and the motion was seconded by Mr. Talbot. It was pointed out during discussion that the insurance premium would go on approximately a year and a half or until the construction was complete~, but the discovery period would be for five years. .Upon ca11 of ro11, the motion carried unanimouslY. Mayor Dietz referred to the Supplemental Agreement again, con- cerning Section 3 and stated that it reads-as follows: "That the required number of resident inspectors will be judged by the Engi- neers to. adequately perform the necessa[y resident inspections." Mayor. Dietz suggested that it-read as follows: ".That the r0quired number ofresident inspectors, will be ,judged mutually by-the Engi- neers and the Owner. to-adequately perform the necessary resident inspections." Following discussion, City Attorney Adams said that this may not be a solution, but suggested that if the City said ~.~the Engineers were not adequately or competently ~erforming the job, payment, could be refused the next month. Mayor Dietz said that would be satisfactory with him. Mayor Dietz further stated that there is a stipulation that he would like added.to' Section 3 of the Supplemental Agreement, that being that the Local Chief Inspector be subject to .the approval-of the Owner, to which Mr. Clifford agreed. The Council then unanimously voted that said condition be added to the Supplemental Agreement. Mr. Barrow. asked to be excused from. the remainder of the meeting. City Attorney Adams referred to paragraph 3..of'.a paper he had prepared concerning resident supervision which is. as follows= "It is further agreed that the required number .of resident inspectors will be j~dged by the Engineers to adequately and competently.perform the necessary resident inspection. The original ap~ointmente and any changes in the resident inspectors shall be subject to the approval of the Owner." Mayor. D£etz stated that the City Attorney and Russell & Axon Representative would work up the changes that the Council has voted on and the changes that the City Attorney has submitted"which are purely legal, in order that something mutually agreeable may be presented to the Council for their approval in the near future. -4- 4-8-63 Sp. '108 Concerning-OENEl~ CO.,s'D~TIONS, Pagm.~','item ? 'a, Payments ~m Contractor, M~.. Neff re~0mmended e~'at"~0%'be taken Out up to ' $~ ~f the total contract a.d then 5% f~Om then on, aa that would m~k~ it easier for the contractor to finance the job. · Mr. Clifford said he would g0.91o~g.-~'th Mr~ Neff'on this up to a point, that he would agree on the Colle¢'ti0n SYstem'snd on the ~orce Mains, but not on the Lift Stations and the oUtfall, as they~ would have to be cOmPlete ~efofe' ~'t ~ould ~=~n6~ Wh~th6r or not~ ~y. would function. Following..disous~io~,..Mr,.Clifford sa~d it ~Uld'be .agreeable with him 'that i0% b~' ~ithhel~uP'to '50%"o~- plmtion, and.5% from then On] on the Collecti°n ~Syste~ and ~Fo~c6,~ Mains which would be.Sections 1, 2,' 3 and 4Z Mr. Cliff~rd ~urther Stated that the Council still retains the prerogative not to redUCe it in the event where in their' 0pinibn~the Work has"not'been sa~is- factory. Concerning~ GF~NERAL CONDITIONS, Page 16, In.~urance, Mr. Neff said that it seems to him that Public Liability and Property Damage is not sufficient for a project of this magnitude. During discuSs!0fi i9 w~sbrought out that each contractor and sub-contractor would carry the'amount of insurance specified and that the ~ailroads did not quire an excessive amount of Insurance in Florida. Concerning ~ERAL CONDITIONS, Page 6, item 3 h, extra work and deletion changes, mr. Neff said that the Engineer is not given any leeway, that the approval of the CounC£1 is requested underall con- ditions. During discussion it was brought out that 'th~s apprOVal of Council is only where there is a change in cost, and that it would be. taken care of administratively as the.job progresses. Mayor Dietz aske~ Mr. Clifford if Russell & Axon would bring that to Council' attention, if and When such a ¢o~dition should arise. Concerning GENERAL CONDITIONS, Page 10, Mr. Neff Said that the contractor is required to furnish as-built drawings, and that on sewer construction it is especiall'y important that the Council know exactly how same was built with the changes. Mr. Neff said he though' the Council should have an understanding with the Engineer as to how ths final as-built drawings will be furnished, that normally the con- tractor furnishes the ~ngineer with the data and the ~ugineer correct: the tracings and then furnishes the tracings Co the Council. Mr. Clifford said that was the procedure. Concerning OENE~AL OONDX?IONS, Page 18, item 10, Testinq, Mr. Neff said the spe~ificationa provide that the'contractors do all of the testing, and that all of his experience indicates that Should be done under the direction of the ~nginee=e. Mr. Clifford sai~ that the testing %~ done under the Engineer's supervision. Concerning DETAILED SPECIFICATIONS, Page I-l, item 2, Shop Draw- inqs, Mr. Neff asked if same would be done under the Engineer'~ con- tract, to whichMr. Clifford said that it would. Concerning DETAIZ.mn SPECIfiCATIONS, P~ge I-3, item, 10, Temporary D~sk Space, Mr. Neff said .he is thinking of the Resident Engineer ~nd several inspectors, and recommended that the Coun¢£1 specify a goo~ field office. Mr. Neff further recommended that the office for the Resident Engineer be put in the largest contract and it be taken out of all the other contracts, and provide an a~equate office. It was suggested that an office 20' x 20' would be sufficient, and mpace in different Municipal Bui!d£ngs was suggested? It was stated that this could come out of the contract if the offic~ space was furnished by the City, and City Manager Hollandwae ins~rugted to ascertain if the necessary space, Sufficientiy lighted, coUid ~e provided in o.e of 4-8-63 Sp. the municipally owned buildings. Mr. Clifford suggested that no change be made in the specifications at this time, but if the City can provide said office space, same can be deleted by addendum. Concerning DETAILED SPECIFICATXONS, Page II-3, Mr. Neff said the question of adequately bracing a sewer trench is difficult and suggested that the bracing be as directed by the Engineers. Mr. Clifford said ~t~at he had nc ob~ecti0n to same being added. Concerni~DETAILED SPECIFICATIONS, Page III-10, item 17, Cumins, Mr~ Neff sai~ i2 is normal to provide fo~. colorless membrane spray on horizontal and verticle inspections and Chis item only provides for ponding an~ burlaP. ~r. clifford said ~h:ere i'S ~6bulk of concrete in th~s p=oject that. is exposed that would warrant taking any pre- ventati~e measures. Concerning DETAILED .SPECIFICATIONS, Pag~ XI-8, Mr. Neff said that the specifications state that .the ~quipment she11 be installed un, er the direction, of the Manufac~u~er'sEngineer. Mr. Neff suggested that t~e provision: "to start up and test under the direction of the Manufacturer's Engineer" be added to that specification. Mr. Clifford .said that could be taken care of on Page Xi-9, and agreed with' the Council that it should be added. Concerning the.0utfall, Mr. Neff eaid that after many years of working out in the ocean, he thinks this is going to be a very diffi- cult job, and-asked if the Engineers have generally f,igured how this can be done. Mr,. Clifford said that Russell &Axon have quite a bit of experi- ence in Florida having installed Ke~ West, Palm Beach and L~ke Worth systems and that Pompano Beach Ocean Curia11 system ia under Con- struction at this time. There ~as discussion as to how the rock would be.cut for the Outfall line and how the Outlet Structure would be'constructed. Concerning DETAILED SPECIFICATIONS, Page X~I-2, ~teel Sheet Piling, Mr. Neff said this is a very expensive item to the contractor and that it is a non pay, item in the contract. Mr. Neff suggested that the sheet piling be made a pay item in the con~ract, as he feels that the more a contractor has to gamble, the higher the bide will be. During discussion, Mr. Clifford said that the only thing he knows you can dO, and he doesn't like to do it, is to put a pound price in for sheet piling that is required. It was mentioned that that would be a problem in evaluating thebids, Concerning DETAILED SPECIFICATIONS, Page XII-6, Mr. Neff said that his view is that the ductile iron pipe with Molox ball and socket joints is the best outfall that a city can get, because it is flexible, and that he doesn't see why theCitywould give s con~ractor alternate. Mr. Clifford said that if ductile iron pipe was locked out to one fabricator, the purchaser would be at his mercy on p~ice, further, that he didn't agree with Mr. Neff that d~ctile iron pipe was the answer, because ,their company had used lock joint subaq~eous non- pressure.pipe that is doing a wonderful job. It ~as aIs'o brought out that there is o~ly one manufacturer who makes larger than a 16" ductile iron pipe. " . "- Mr. Clifford said that the use of genuine wrought-iron for the outfall syStem had also beeninco~porated in the.'sp~C~ficatione. It was stated that the i~-place ~ost when .usinga che&per material may result in a greater ~ostl. t~&n if a better material had been used. There was ~e~gthy dis¢~Ssi~ about how the different types of pipe woul~ be lai~. -6- 4-8-63 Sp. 105 The Council expressed their appreciation to Mr. Neff for his assistance as they feel'it has been. mosthelpful. City Attorney Adams said that Mr. Neff had suggested a raise in the insurance coverage and following discussion it was decided that the insurance recluirem~nts.would be raised to $100,000.00 and $300,000.00'on Property Damage and to $200°000.00 and $500,000.00 on Public Liability.' City Attorney Adams then asked concerning the $50.00 per day penalty clause Mr. Clifford said that should read= "$100.00 per calenda~ day, per contract, per section" instead of the $50.00 per day, per section.. This change was agreeable to the council. concerning GENERAL CONDITIONS, Page 5, item e, Suspension. of Work, City Attorney Adams suggested that the following or similar statement be added to this item. "The intent of this section is to apply to work stoppages other than those ordered due to the interference with the'Tourist Season which are contemplated in other portions of these General Conditions." This suggested addition was agreeable to the Council and to Mr. Clifford. City Attorney Adams said that there had been a Resolution pre- pared for presentation at the 'regular Council meeting ton£ght on ex- change of properties in Block 14, where a lift station was to be built, and that it 'has been determined that the Evans Property is uninsurable based on a tax deed. Further, that it willrequirea "quiet title suit" to clear same, and it is his belief that the City Property in Block 14 is also uninsurable for the same reason, also that this would require an additional fee for his work in preparation. Following discussion, Mr. Avery moved that theCity Attorney be directed to proceed with the procuring of quiet title on both pieces. of property involved in the exchange with Mr. Evans. The motion was seconded by Mr. Talbot and carried unanimously. Mayor Dietz then Said that at tonight's meeting, the Resolution for exchange of properties in Block 14,.should be tabled as suggested by the City Attorney, on account of quiet title suit, and that it will come up at a later date. It was suggested that Mr. Clifford and City Attorney Adams prepare the changes as a result of today's meeting and that a special meeting would be called as soon as the revised specifications are ready for actiOn on same. Mr. Avery said that the changes'are so minor, and that since the bids are advertised today, thesechanges can be made by addendum. Mayor Dietz asked: "If you have advertised in a'certain way, for bids, and you have given it out to bids and then there is an addendum, is that legal?" Mr. Clifford said that these changes are incorporated in the specifications and are accepted by the Council and that he should get the revised specifications back to the Council by the end of the week. During discussion, City Attorney Adams said there would be a change in the advertisement of Request for Bids, concerningthe tying of bids, and the City Clerk said it would be changed before its next appearance. Mr~ Clifford said the changes would be made in the specifications before, they were given to bidders. The City Clerk informed the Council that the Fiscal ~gents have been advised of the dates set by Council for t~e advertisement, open- ing and letting of bids. ' .The meeting adjourned at 5=05 P.M. by Order of .Ma. yor Dietz. R.D., WORTHING APPROVED= City Clerk Mayor -7- 4-8-63 Sp.