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01-06-69SpMtg JANUARY 6, 1969. A special meeting of the City Council of Delray Be~ch wa~ held in the Council Chambers at 8=00 P.M., it~also'being the Annual OrganiZational meeting, with Mayor J. L. Saunders in the Chair, City Manager DavidM. Gatchel, City Attorney John Ross Adams, and Councilmen James H. Jurney, LeRoy W. Merritt, James B. Wilson and O. F. Youngblood being present. · 1. An opening prayer was delivered by Rev. Charles C. Carrin. ~la. The Pledge of Allegiance to the Flag of the United States of .~ America was given. i Vice-Mayor James H. Jurney; Mrs. John L' Pitts, III and Mrs. James H..~ Scheifley, wives of the two incoming Councilmen; and Mrs. Julia Adams, mother of City Attorney John Ross Adams. 2. The minutes of the regular ~Ou~c~l meeting of December 23,:I968 were unaimously approved, on motion by Mr. Merritt and seconded by Mr. Jurney. 3. Regarding Supplemental Agreement No. 4, affecting the Southeast Area Sewage Works Project contract with Cambron Construction Company, Ci%y Clerk Worthing informed Council as follows: "At a recent workshop meeting, certain Sewage transmission line extension, in Tropic Palms, was considered advisable and in the best interest of the City in its over-all plan for Sewage disposal through its Ocean Outfall Syste~. This installation and extension, bY the City, extends from Brant Drive, northward on Linde11 Blvd., to Dotterel Road, and westerly thereon to Lift Station No. 34, a distance of approx- imately 1,618 ft., and is in conjunction with the inStallation ~ of sewer collection lines, by the developer, on Blue Jay Road, Eagle Circle, and portions of Bunting and Eagle Drives and Audubon Boulevard. 'Supplemental Agreement No. 4', being a supplement to a certain contract, dated June 18~ 1968, between the City and Cambron Construction Company, InG., provides for this Trans- mission Line Extension and has been prepared by the City's consulting engineers Russell &Axon, and Council acceptance thereof, and authorization for its ·execution by theproper City·officials, is recommended." (copy of Supplemental Agreement No. 'is attached to the official copy of these minutes.) See pages 12-D-F. Council authorization for executio~ o~ said Supplemental Agreement No. 4 by the proper City officials was unanimously granted, .on motion by Mr. ¥oungbl0od and seconded by Mr. Wilson. X. City Attorney Adams referred to a three-page letter, dated January 3~ 1969, that he had written to Council, regarding the status of the lawsuits on the BEACH REVETMENT, and the BEACH SALE SUIT. (Copy of the January 3, 1969 letter from City Attorney Adams is attached to the official copy of these mi~utes.) See page 12-A-C. The City Attorney referred to arevised copy of the Contract o~ Sale of the Beach property which is explained in the following excerpt from his letter of January 3, 1969. "I am also ~nclosing a revised ~opy of the Contract of Sale, and feel that I should pass on a brief comment. It is basically the same as the one which I discussed with you at a recent workshop, but some changes were insisted upon by the attorneys for Mr. Parker. One is that title would be taken in the name of a Company of which Mr. Parker iS the President and principal stockholder. The other is to extend -1- Sp. 1-6-69 the time'for the purchaser in the event the litigation is still pending at the end of 90 days. This latter provision is covered in paragraph 8 and should be self-explanatory. This Agreement will be submitted to the Old Council Monday night." The City Attorney recommended execution of the revised Contract of Purchase and Sale, as submitted. It was so moved by Mr. Jurney, seconded by Mr. Youngblood and unanimously carried. (Copy of said revised contract of purchase and sale is attached to the official copy of these minutes.) 4. Outgoing Vice-Mayor and councilman James H. Jurney commented as follows= "I want'to thank all of the people that have Supporte~ within the past four years. It has been an honor and a privilege to serve you on the City Council of Delray Beach. I have especially enjoyed working on the 1968 Council with Mayor Saunders, Councilmen Merritt, Youngblood and Wilson. Within my four-year tenure of office it has also been a pleasure to work on the Council with former Councilmen LeRoy Croft and George Talbot. There have been many decisions made. There have been many good decisions, and there have been possibly one or two bad ones. There has never been any man serve any City Council, regardless of whether it is the City of Delray Beach or any other City, whO takes his job at heart that doesn't sometime make an error; however, I think in an overall picture this Council here has made 'some very good strides to set the ground work for better progress with- in the City of Delray Beach. I want to wish the new Council all the success of this coming year'and the yearto come", andI 'feel that the City of Delray Beach is in very good'hands. I say 'God Bless you all'. Thank you." 4. Outgoing Councilman LeRoy W. Merritt commented as follows: "Friends, and Fellow Councilmen for a few more minutes, and those members, of the public.that are here, it has cer tainly been my privilege to have been on this Council, to have served on this Council. I think it is anybody's priv- ilege even to run, elected or not elected, probably because of themany wonderful people tha~ you meet. Sometimes when you think things are really, going tough somebody takes a moment to come by. and say they appreciate the job that you are trying to do whether you are successful or not, and it makes all the headaches worthwhile. So, perhaps in making a farewell speech, if you want to call it that, there are three or four things that I would challenge this new Council to do, things that we have certainly worked on, a great many we have. accomplished, but there are still major problems to be solved and projects to be done. I would, in all sincerity, challenge this coming Council to make a sincere attempt to accomplish probably four major projects, in my way of think- ing. No. 1 would be to make every effort that you can to provide a water filtration plant that we have tried so hard for many years and worked on for so long. I hope that this Council will be able to see this come to a conclusion. The same is true of the Drainage project in the southwest section. I hope that some way you will be able to find the answers; some way you will be ab!e to accomplish this pro- ject. I think it is real urgent, and I would probably put close to the top of the list also, that the Council would take the time and do whatever necessary to pass a lesser density -2- Sp. 1-6-69 ordinance for the City of Delray Beach. I don't know how the rest of you feel, but the height of some of these build- ings really scare me.. Probably the fourth project ! would leave you with, and one that probably wouldn't be too hard, would be to encourage you to go to the legislature when it convenes with a bill authorizing a raise in pay for the City Councilmen and Mayor. If you only knew, if there was some way to total up, to tally, the hours that have been put in by the people that work for this City~ this is the Administration and the Counoil, I think you would be amazed. I would also in turn ask that the public be real tolerant of these Councilmen because the Job is tough. It takes a lot of time, a lot of thought, and it is not always easy, because you are sitting up here torn between doing What a few people seem to want, yet doing what you believe to really be in the best interests of the City. You eleote~ them to serve you and I am sure that, knowing all five of these men, that you can certainly depend on their best judgement. I want to thank the fellow Councilmen that have worked so hard this year, .especially for two projects which you have been able to accomplish. No.1, and probably foremost, is the letting of the Contract and getting underway of a new Law Enforcement Complex. This was one of my lo~g-time pet pro- jects from about 1958 when I first started working in a very small way with the Police Department,. finding out what the' conditions and situations were. The other one, and I hope in a couple of years the people will look back and say that is one of the finest things they ever did, and that is the buying Of the Bon Aire property. I think if you will drive by there and see how it's coming along, they are putting in sidewalks, sprinklers, I think it is going to be one of the finest assets along Atlantic Avenue that we could have. In closing, I certainly would be remiss if I di~ not say thank you to men like Dave Gatchel, certainly John R. Adams, and certainly Mr. Worthing, Hallie Yates and Grace Martin, whom, when you call them, believe me, nothing is too much trouble. It has certainly been an education for me, and a real privilege to try in some way to make this a better place in which to live. Thank your very much." 4. Councilman James B. Wilson commented as follow~ "I-would like to say that a year ago at this time I'was a very fresh freshman as far as a Councilman is concerned, now I presume I'm a sophomore. What I would like to say, is that while I knew both Jim Jllrney a~d Bud Merr.itt pretty well, I have gotten to know them a lot better during the past year. While all of us didn't always agree on every issue, every item, we did agree a great deal more than we disagreed, and one of the things I admired and respected both Jim and Bud for was their ability to state their convictions, both are gentlemen of strong convictions but to talk the things out in workshop sessions and then to present, for the most part, a united front down here, which i think is good. I want to say that I will genuinely miss you Jim, and I will genuinely miss you Bud, I wish you both well, I am happy that in a business way from time to time I will have occasion to con- tinue my contacts with each of you. I think that you Jim, and you Bud, have. been a great credit to the Council and it was a pleasure to me to serve with you. Thank you." 4. The follow~g, rema~ks-'were made by-Councilman O. F. ¥oungblood. "I would just lik9 to say in a ~hort way that ! am happy ' to have ha~ this opportunity to serve this ~ear. -3- SD. 1-6-69 I was very frightened when they told me I had won to serve and ! was wondering what ! was going to say and what I would do, but it was through the goodness of Mr. Gatchel and some of the others that they orientated the two freshmen and that gave me something to think about. I suppose I can afford to be frank, I attended a few of the Council meetings here a few years ago and many things I heard frightened me. In other words, many times they wOuld come and there would be so much confusion among the Councilmen, I felt somewhat fright- ened, but as it has been said that when you work with men and learn to know men you learn to love them and you learn to respect them and you come to find out that everything is not a bugger because someone said it was a bugger. This has bee~ a year of wonderful experience for me, educationally0 and I have been made to feel goo~, even night, to have the outgoing Councilmen express their feeli'ng about the service that they have ren~ere~. I am sure it makes me feet that I can do even more. I read about what happened in Deerfield at the Council there~ and I read about another ungodly situation in another nearby~community, so I said to myself that we must have a mighty fine COuncil here in Delray Beach. In listening to the outgoing Council- men tonight, it makes me feel almost like shedding tears, because when you work with a group of men you learn to rev spect them and you are able to get things done it just seems 'like it is a big family. One other fellow that is about to leave us and makes us all feel like shedding tears is Attorney Adams. I talked with him and tried to get him to change his mind. We have learned to be close friends here, we work har~ together~ and you know that work doesn't seem so bad when someone will give you a pat on the shoulder once in a while, even though it is pretty rough. I must say that I am encouraged to try tO work even harder next year, and the years to come if I am here. I am going to work even harder, and as it has been said by Mr. Merritt and others, this has been a chal- lenging year, we haven't always gotten things accomplished that we Wanted to get accomplished, we've done the best we could ~nder Circumstances, and we hope that~for the coming year that we can do even better with the cooperation of these goo~ men who are coming in to take over. Thank you." ~r. Wilson said that he would like to echo what~r. Youngblood said so well about the retiring City Attorney. Further, that City Attorney Adams has always been so patient, and has a happy knack of explaining complicated legal things in terms that the layman can understand and that he will be missed very much. 4. Mayor J. L. Saunders made. the following comments: "As Mayor I have thoroughly enjoyed this year and while we havenit accomplished as many things as we would like to have done, we have gotten several things done. I think the two new men that are coming on this Council tonight can see that you have some shoes to fill, because these two'men who are leaving have been very dedicate. I don't believe Bud Merritt has missed a workshop or Counoil meeting in his two years of time, (one workshop meeting'missed) and Jim Jurney has missed one meeting in four years on account of being sick. We differed, and I hope we will continue to differ. Honest good debate is healthy, that is the democratic way. We don't all have to think alike, we are individuals, we can differ without being disagreeable, and I think we have had a very good Council. I personally have enjoyed working with every man on this Council and am looking forward to working with the new Council. I would like to say too that I consider our City Attorney one of my personal friends and am sorry to see him leave us. We are going to mi~s him, and I think that probably he is one of the Outstanding young men of this Community. I sin- cerely mean that." 5. This Council adjourned at 8=22 P.M. 1. Councilmen-Elect John L. Pitts, III, and James H.-Scheifley subscribed to the Oath of Office given by City Clerk R. D. Worthing. la. An opening prayer was delivered by Rev. Charles C. Carrin. 2o Mr. Scb~ifley said that because of his experience and because of th~ respect~at~the other members of Council have for him, he would move that James B. Wilson be selected as Vice-Mayor~for one year, the motion being seconded by Mr. Youngblood and unanimously carried.. Mr. WilsOn said that he was honored and flattered that he had been chosen as Vice-Mayor, that he deeply appreciates the honor, and will do his best tO perform the duties of the Vice-Mayor when needed. 3. Mr. Pitts said that he would like to officially meet the Other members of Council; further, that most of the time he doesn't have too much to say, but that he does like to work. ~. Mr. James H. Scheifley commented as follows: "I am very happy to assume the office and I would like to make a very brief statement. I think most of you gentlemen, or all of you, are familiar with it. Candidates for public office, after being elected to office, are frequently accused of forgetting the people who elected them, turning their backs on the public~ and failing to carry out their campaign pledges. During October and November of 1968, I attended several public forums, gave several talks to public gather- ings, was interrogated by many voters, and had personal discussions with countless citizens of Delray Beach. During this period, I made a sincere attempt to ascertain the inter- ests and problems which most concerned the peopte of the City. The greatest interest was shown on the following subjects. Southwest drainage area, problems of traffic congestion, south bridge over the Intracoastal Waterway, the beach revet- ment, the sale or retention of the south beach property, and concern over high-rises. It is my sincere belief and hope that the present City Council, with a degree of unanimity, will do all within its power to institute measures to accom- plish successful solutions to the Southwest drainage problems, traffic congestion, a south bridge over the Intracoastal-' Waterway, the beach revetment, and Buddy, we can add the water filtration plant. Since the City Council has taken steps to dispose of the south beach property it is no longer considered to be a cur- rent issue. This leaves the problem of high-rises. Of major concern is the future policy and attitude of the City Council toward the general subject of highjrises. Very frequently comments are heard disparaging the possible trend including such phrases as 'concrete jungle', 'another Miami Beach', and 'just like Pompano and Fort Lauderdale'. From personal experience on the Planning and Zoning Board, I know'that -5~ Sp' 1-6-69 hundreds of hours of work by dedicated men have resulted in the adopted RM-1 zoning ordinance, and the proposed RM-1A ordinance. These proposals are too technical to discuss at this time. The ma~n concern of the public seems to be that the present trend may be toward too many high-rises, and more particularly that they may be too high. I do not think we should deteriorate into another Miami Beach, neither do I think we can become another Palm Beach. Therefore, I feel strongly that measures should be taken to control more ade- quately, not eliminate, the number, quality and height of high-rises. The means to accomplish this end should be left to the experts and technicians, whether it be by ordinance to control density and height, or possibly preferably a com- bination of both. At the same time, other factors considered in site plan approval such as parking facilities, percentage of lot covered, landscaping, fire protection, utilities, sanitation, signs, and the like, should still be given maxi- mum consideration, but the main concern of the public is height, and I recommend that consideration be given to a maximum height limit in RM-1A of approximately 100 to 125 feet. As a member of the City Council I shall strive and vote to respond to, and carry out the wishes of the citizens of Delray Beach who elected me." 3. Mayor Saunders asked Mr. James H. Jurney to come to the Council table and presented him with a copy of R~SOLUTION NO. 1-69, commend- ing him for unselfishly giving of his time and ability as a City Councilman for the past four years, the last two years thereof as' Vice-Mayor. Mayor Saunders also presented Mr. Jurney with a Plaque with the following inscription= "To JAMES H. JURNEY, in recognition and appreciation for outstanding service and accomplishments toward better government, as Vice-Mayor of the City of Delray Beach. January 6, 1969." ~. 3. Mayor Saunders presente~ Mr. LeRoy W. Merritt with a copy ~f RESOLUTION NO. 2-69, con~nending him for unselfishly giving of his time and ability as a City Councilman for the past two years. He also presented Mr. Merritt with a Plaque with the following inscrip- tion= "To LeROY Wo ME~RITT, in recognition and appreciation for outstanding service and accomplishments toward better government as Councilman of the City of Delray Beach. January 6, 1969." The following RESOLUTIONS No. 1-69, and 2-69, were unanimously adopted on motion by Mr. Wilson and seconded by Mr. Youngblood. RESOLUTION NO. 1-69. ' A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING RETIRING COUNCIL~N JAMES H. JURNEY. WHEREAS, JAMES H. JURNEY, has unselfishly given of his time and ability as a City Councilman for the past four years, the last two years thereof as Vice-Mayor, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH:. That JAMES H. JURNEY be and is hereby com- mended for his great contribution to the general welfare of the City of Delray Beach, Florida as City Councilman and Vice-Mayor. Unanimously adopted this 6th day of January, 1969. MAYO AT. ST: 7 RESOLUTION NO. 2-69. A RESOLUTION OF THE CITy COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING RETIRING COUNCILMAN LeROY W. MERRITT. WHEREAS, LeROY W. MERRITT, has unselfishly given of his time and ability as a City Councilman for the past two years, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH: That LeROY W. MERRITT be and is hereby com- mended fOr his great contribution to the general welfare of the' City of Delray Beach, Florida as City Councilman. Unanimously adopted this 6th day of January, 1969. ATTEST: · 'City Clerk 4. City Clerk Worthing read the. following, letter from Mrs. Dorothea G. Montgomery, dated December 26, 1968: City of Delray' Beach Fire DePartment 101 West Atlantic AvenUe Delray Beach, Florida Attn: chief Joseph S. QuinD Dear Chief Quinn: I. a~.. enclosing a check for .the fire. man's Fund in greatful appreciati0..n of help .render-ed .to m®. I wish to highly commend Fireman Waine ROseke and Dennis Wondra who manned the First. Aid Truck on NoVember 6th when was badly~'cut by'a glass~ table top~ ~Thgir..promptnes~ · ' ciency and courtesy will long b~ remembered. I wish to commend and thank' Assistant Chief Clarence Cook who also came to my assistance. With kindest regards, SinGerely yours, Dorothea GalVin Montogmery enc 5. To comply with Section 26 of' the .City Charter in establishing meeting dates for the regular council meetings, Mr. Wilson moved that the regularly scheduled meetings during 1969 be held on the 2nd and 4th Mondays at 8:00 P;M., the motion being seconded by Mr. Youngblood and unanimously carried. 6. Mr. ~aul W. Ledridge, a .local. Realtor, spoke of the serious park- ing problem that 'exists EaSt of the Intracoastal Waterway, and in- formed C~ouncil~ that on behalf of Brewster AtlantiC Avenue Inc., he is offering~ tO' the City Lots 1~' ~2 and 3, less the North 25 feet of Lot 1 & less the East 85 feet'of Lot'3, BlOck C, John B. Reid's Village, for a parking'area. He said that the written offer present- ed to the City today do'es not have an opt£on~ to purchase, but hopes that within a few days he will aiso have that to present to the City. ~.7. Sm. 1-6-69 .... Further, this tract of land is offered in its present unimproved condition and is the northeast corner of Venetian and Miramar Drives, fronting approximately 319 feet on Venetian Drive and approximately 122 feet on Miramar Drive, the square footage being approximately 50,000 feet. Mr. Ledridge asked that this item be referred to the Traffic & Parking Committee for study and recommendation and that it come back to Council for action at the. regular meeting of January 13, 1969. This item was unanimously referred to the Traffic and Parking Committee, on motion by Mr. Wilson and seconded byMr. Youngblood. 7. Mr. David M. Gatchel was unanimously appointed as City Manager, in compliance with Section 12~ of the City Charter, and subject to it being understood that said appointment and term of office is at the pleasure of Council, on motion by Mr. Wilson and seconded by Mr. Youngblood. 8. Mr. Ernest G. Simon was unanimouSly appointed as Municipal Judge, in compliance with Sections 12 and 47 of the City Charter, and subject to it being understood that said appointment and term of office is at the pleasure of Council, on motion by Mr. Wilson and ue~onded by Mr. Youngblood. Attorneys Paul Gringle and John W. Spinner were unanimously appointed as Judges Ad Litem, in compliance with Sections 12 and 47, and subject to it being understood that said appointments and terms of office are at the pleasure of Council, on motion by Mr. Wilson and seconded by Mr. YOungblood. 9. Attorney Robert G. Fellows was unanimously appointed as City Attorney, in compliance with Section 12 of the City Charter, and subject to it being understood that said appointment and term of office is at the pleasure of Council, on motion by Mr. Scheifley and seconded by Mr. ¥oungblood. 10. Attorney Charles BYron was unanimously appointed as City Prosecutor, in compliance with Chapter 2 of the Code of Ordinances, and subject to it being understood that said appointment and term of office is at the pleasure of Council, on motion by Mr. Scheifley .and seconded by Mr. Pitts° Attorneys Henry D. Crowley, I. C. Smith and John W. Spinner were unanimously appointed as Assistant City Prosecutors, in compliance with Chapter 2 of the Code of Ordinances, and subject to it being understood that such appointments and terms of office are at the pleasure of Council, on motion byMr. Pitts and seconded by Mr. Youngblood. 11. On motion by Mr. Youn~blood and seconded by Mr. Wilson, the following Board members were unanimously appointed for 1969, as re- commended by the Board of Governors of the Adult Complex: DU T_ , AOV SOR Representative Alternate SeniorCitiz~ns Club R.D. Kipp, Pres. Joe Menz Lawn Bowling Club Hugo Nylander, Pres. Joseph Vaccaro Shuffleboard Club Cyril Rogers, Pres. Irwin Kresser City Recreation Alfred Elliott, Director City Mrs. Juanita Joyal (Supervisor, Community .... Center) On motion by Mr. Scheifley and seconded by Mr. Youngblood, the following Board members were unanimously appointed for 1969, as re- commended by the Barbers Board of Examiners: Wilton Lee, Chairman J. F. Thompson Raleigh Harris 9 ,~.On motion by Mr. Youngblood and seconded by .Mr. Pitts, the foll~wing committee members were unanimouSly appointed. One,year Term ~e~resen~ativ,e TO~ .~p~re. Board of Realtors Stuart Lankton 1/1/70 M~'s Garden Club Herbert Neils°n 1/1/70 City Council James B. Wilson 1/1/70 Presider' s Parley of G~den Cl~s ~s. Hugh Spilsbury 1/1/70 Me. er at Large ~s. Charles Patrick 1/1/70 Me. er at Large ~s.. Lens ~runner 1/1/70 Me. er at Large ~awrence P~ker 1/1/70 ~q..~ear Term Reoresent~ To ~s. Gladys~Little Gar~ Cl~s-at-large 1/1/71 J. B. Smith Merchants and Businessmen 1/1/71 ~s. James Bowen M~er at Large 1/1/71 ~s. Weldon ~aul M~er at Large 1/1/71 Jo~ E. ~omery Me. er at Large 1/1/71 On motion by ~..Youngblood and seconded by ~. Wilson, the following Co.tree ~ers~were unanimously appointe~ for the coming ye~. CO.UNITY' RE~TIONS C~I~EE G~rtrude Mudge LeRoy Baine Virginia Meyers C. Spencer ~omp~y Jack D. walker Florence Barnes ~s. Frank L. Car~y, Jr. Rosetta Rolle Rev. Frederic F. Bush Al. W. Risker Day. id D. McFadyen Clifford Durden, Jr. Joseph W. Baldwih, Jr. Otto Mitchell On motion' by ~. Pitts and secon~e~ by ~. Wilson, the following ~oard me. ers were unanimously appointed for the coming year an~ it was stated that a third me. er would be .appointed to said board' at a later - d~te ~ Nathan Sharp, Chairman Howard W. Smi~ On ~tion by ~. Scheifley and seconded by ~. YoungblO°a. Dr. Jerry Cox a~ Dr. J. Russetl Forlaw were unani~usly agpointed as ~TH DOC~RS for the coming year. On motion by ~i~. Wilson and seconded by Mr. Pit.ts, the following Board members were unanimously appointed for the coming year. Robert Crego Plumbing Inspector Dr. 'Jerry Cox ~ City Physician Charles Clark Journeyman Plumber Robert C. Johnston Journeyman' Plumber Robert B&rnwell, Jr. Master Plumber' Quentin Bishop Master Plumber Mark C. Fleming City Engineer -9- Bp. 1-6-69 On motion by Mr. Wilson and seconded by Mr. Yo~ngblood, the following Conunittee members were unanimously appointed for the coming year. Andrew Gent Planning & Zoning Board LeRoy W. Merritt Businessman ':Kenneth Ellingsworth Chamber of Commerce James Love Merchant R. Q. Croft Chief of Police Joseph Quinn ~ire Chief John Kabler Realtor Joe Kern Realtor City Manager Ex-Officio Planning Director Ex-Officio X. Mayor 5aunders introduced the newly appointed City Attorney, Mr. Robert G. Fellows. X. Mayor 5aunders said that he hopes the new Council will be able to accomplish some of the things that Mr. Scheifle¥ and Mr. Merritt have pointed out, and' continued as follows: "At the start of last year, if there was one project that everyone on the Council was in agreement with, it was the southwest drainage. We have put the wheels in motion on that. I will admit that it seems to be at a standstill. We applied to a Governmental Agency for a Grant and a Loan, and have been led to believe that theGrant will be forthcoming if we ca~ provide the Loan money. We are somewhat restricted now because of the 5 percent limitation we have on interest on bonds, but if there are monies available from the sale of the.beach I feel sure that this Council will use that money wisely and use it probably to get on with the southwest drainage. I hope very sincerely, if there is one thing that I can do before I go off this Council, is to see that we have a new water plant. We have been working on this for several years. A couple of years ago when I was on the Council we got plans and specifications and were advise~by our Piscal Agents that it would be possible to build the water plant but it would mean a doubling of the water rates. We weren't prepared at that time to go that far. In talking with people, as Mr. Scheifley has, I find that most people I don't believe would be adverse to a slight increase in water'rates. I have instructed the City Attorney and the Finance Director of the City to be in touch with our Fiscal Advisors in Miami and for the~ to review the situation to see just what we are talking about in the way of an increase in water rates. If the bond market will let us do it, I feel sure that this Council will want tO go ahead with the new water plant be- cause people are sick and tired of our water. There are many 'if's' and just wanting to do it is not all that is necessary, there are other elements that figure into it. I hope that we can wh~p the revetment problem. We are having it put back in good shape, we feel. We think we have taken care of some of the things that were at fault, we hope. We hope to continue to do things to this revetment that will make it accrete more sand and build up. The City Attorney and a representative from the Glace ~ngineering firm flew up to South Carolina to inspect some sausage-type groins that they. thought might work. We have not had time for a workshop meetingwith them yet to see whether or not they recommend putting them in here at a nominal cost, but we have to do something to keep this revetment in good repair and to keep it doing what it is supposed to do. I think you will find that this Council is concerned about high-rises, particularly aboutthe height, and I fully expect that there will be a ceiling .put on the height of high-rises in the very near future. I would like to emphasize that I hoge this Council will work as a team. We have one of the finest City Admin- istrations of any City in this State. Everyone is more than willing to do more than his share to make this thing go and we are very fortunate in having such a fine City Aamin- istration. We hope to be able to improve the quallty of our garbage and trash pickup'with the new system we will have in a few months. We think you will be very pleased with that, and hope that it will effect a great savings in our City. I hope that sometime before the end of the year that we can look into the advisability of some sort of place where we can dispose of our trash in a more sanitary manner. We have a lot of work cut out for us, we hope that more people will attend the meetings and take an interest in their City, this is your City and I hope that people will come, out of interest, and not just when there is some 'hot-potato' issue that just the people who are against something shows up. Quite often when you are up here sitting in this 'hot seat' and there is an issue that is. very contro- versial everyone against it will show up and the people who are for it won't come, so sometimes you get a distorted view of what the majority of the people want. We invite you all to come and enjoy the meetings. We try to keep them within a couple of hours, and think you will enjoy your City Govern- ment. This is democracy in action, it can,t get any closer to the people than to you, and we welcome you to ail the meetings." X. Mr. Wilson pointed Out that the sausage-type groins mentioned by Mayor Saunders are not the ugly, conspicuous failure, conventional type groin that most people think of when groins are mentioned. X. Mr. Pitts asked that a round of applause be given for the City Clerk and his fine assistant. The meeting adjourned at 8:55 P.M. R. D. WORTHING City Clerk APPROV~ MAYOR -11'- 1-6'69 12-A DAVID M, GATCHEL CITY MANAGER JACK L. ~AUNDERS, MAYOR JAMES H. JURNEy. VICE.M~yoR JAMES B. W~LSON. COUNCILMAN January 3, 1969 OZIE F. YOUNGBLOOD, COUNC}L~AN City Council Delray Beach, Florida Gentlemen: This letter is for the purpose of updating my recent letter to you outlining the current status of the lawsuits involving the City. I am enclosing copies with the Agenda for your perusal, and will be prepared to answer any questions you might have Monday night. I have been working very closely with Fred Hollings- worth on the two beach suits, and we have kept the City Mana- ger and City Clerk abreast of all progress. I feel that the City may now turn full authority for both suits over to Mr. Hollingsworth without my further assistance, and without in- volving your new City Attorney. I make this as only a sug- gestion for the purpose of relieving him of some of the in- itial pressure that he will encounter. The City has a very adequate municipal law book library which I will turn over to your new appointee, and I will be happy to answer any questions he might have relating to existing or past muni- cipal legal problems. The status of the two lawsuits is as follows: BEACH REVETMENT The two suits filed by Dickerson, Inc. have been consolidated into one suit. "Many hours of investigation have been conducted by the City Administration in conjunction with the Consulting Engineers. An answer to the lawsuit has been prepared together with a Counter-claim on behalf of the City against the Company. The Counter- claim will be based on three Counts: Negligent workmanship; Breach of contract; and Breach of warranty. The above plead- ings will be filed today or Monday. /;~ M.ayor ,,4 City Manager ~~C' y Cler~=.~t~ ...... 12-E CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA ' PROJECT NUMBER 5964-8c SOUTHEAST AREA APPENDIX "A" To SUPPLEMENT.AL AGREEMENT NO. CHANGE ORDER Item NO,~ ,Items. Increased Unit Quantity Unit Price ,~mount 11 Furnish and install 6" clay pipe service connections. L.F. 616 @ $ 2.00 $1,232.00 13 Construct standard 4' I.D. Manholes. Ea. 6 @ $254..00 $1,524.00 14 'Construct additional vertical depth of 4' I. D0 standard manholes. L.F. 72 @ $ 28.00 TOTAL INCREASES $4,772. O0 ' - ,.I,tem s, Added 518 Stage excavation, and backfill 10" l~ipe, ,14' - 16' cut. L.F. 680 @ $ 10.65 $7,242.00 52S Stage excavation and backfill 10" and '12" pipe, .. 16' - 18' cut. 'L.F. 615 @ $ 13,50 $8,302.50 538 Stage excavation and backfill 12" pipe, 18' - 20' cut. 'L.F. 215 @ $ 17.,50 $3,762.50 54S Stage excavation and .- backfill 21" pipe,, 18' - , 20' cut. L~F. 108 @ $ 22.50 $2,430.00 55S Furnish and install 21" V.C. sewer pipe. L.F. 108 @ $ 10.65 $1,150.20 56S Furnish and install 12" V.C. sewerplpe. L.F. 790 @ $ 2.90 $2,291.00 57S Furnish and install 10" V.'C. sewerplpe. L.F. 720 @ $ 2.25 $1,620 00 t ' 588 Furnish and install 4" V.C. pipe service con- nections. L.F. 275 @ $ 1.80 $ 495.00 59S Furnish and install 12" x 6" clay wyes and stoppers. Ea. 10 @ $ 20.00 $ 200.00 60S Furnish and install 10" x 6" clay wyes and stoppers. Ea. .9 @ $ 17.00 $ 153.00 12-F Appendix "A" to Supplemental 2 (Continued) Agreement No.. ,4, Project No. 5964-8c. ~ Item Ne, ,,Ite,m~.Added. Unit Quantl,,ty Unit prlc9 Amount '618 Furnish material and con- struct asphalt roadway pavement and base re- placement. ''S.y. 1563 @ $ 5.00 $7,815.00 62S Furnish material and con- struct sand seal roadway pavement replacement, 'S.Y. 89 @ $ 2.10 $ 186.90 638 Furnlshand install 15" plugged stub in manhole, Ea. 1 @ $ 30.00 $ 30.00 64S Furnish and install 12" Plugged stub in manhole.' Ea. -1 @ $ 20.00 $ 20.00 658 Furnish and install 8" plugged stub in manhole. Ea. 2 @ $ 15.00 $ 30.00 66S Furnish material and con- struct drop manhole piping (12" - 10"). L.F. 5.73 @ $ 20.00 $ 114.60 "'' 678 Furnish material and con- struct drop manhole piping (8" x 8"). 'L.F. 10.46 @ $ 15.00 $ 156.90 68S Furnish and install 6" x 4" , clay double wye branches and stoppers. Ea. 8 @ $ 9.50 .$: 76,. 0'0' TOTAL ADDED ITEMS $36,075.60 TOTAL INCREASES . .4.,.7'7 $40,847.60 Adjusted Contract amount to date Revised Contract'.amount this Agreement $552,745.75 ' *NQTE,: Contractor will be reimbursed for replacement of bituminous pavement t lost, up to a distance of 3/4 x the depth of cut to invert, on each side of pipe center 'line.