01-03-66SpMtg JANUARY 3, 1966.
A special meeting of ~he City Council of Delray Beach was held in
the ~ounotl Chambers at 8.00 P,M., it also being ~he Annual Organi-
zational Meeting, with Mayor Al. 0. Avery in the 0hatm, City Manager
David'M. Gatchel, City Attorney John Ross Adams, and Cemncilmen
J. LeRoy Croft']'~ames H. Jurney, Jack L. Saunders and Gee~ge Talbot,
Jr., being oresent.
1. An opening prlayer was delivered by the Rev. Paul W. Gess.
1.a. The Pledge of Allegiance to th~ Flag of the United States of
America wes given,
Z. The minutes of the soeclal meeting of December 20th and regular
meeting of December 27th, 19~5, were unanimously approved on motion
by Mt. Croft and seconded by Mr. Talbot.
3. Mayor Aver~ and the Councilmen exoressed ~hetr enjoyment and
pleasure in working as a Council during the omst year, aris expressed
their feeling that the Council has been dediCat~d in workin~ for ~he
best interests of the City and has accomollshed much for the City,
further,' that they are looking forward to a year of orogress.
Mayor Avery comoli~ented City Manager David M. Gatchel for the
fine work that he has done during the short time he has been City
Manager, and also complimented City Attorney John Ross Adams and City
ClerkR.D~ Worthing for their fine work.
4. This Council was unanimously adjourned at 8:15 P.M., on motion by
M~. 8aunders and seconded by Mr. Jurney.
Am~AZ ~OUN. Ci%, ORGAN~ZATI~AL. MEETING.
1. Mayor-Elect Al. C.' Avery and Councilmen-Elect J. LeRoy Croft and
George Talbot, Jr. subscribed to the Oath of Office given by City Clerki-
R. D. Worthing.
1.a. An onening prayer for the newly organized Council was delivered
by the Rev. Paul W. Gesa. \
2. Councilman J. LeRoy Croft was unanimously aooointe~ Vice-Mayor for
the year of lq66 on motion by Mr. Jurney and seconded b2 Mr. Saunders.
3. Vice-Mayor Croft said that in addition to his earlie~ comments
this evening he would like to say that he is locking forward to a
progressive year during 1966, and that it will be a pleasure for all
to work together for the good of Delray Beach.
3. Mr. Jurney said that, as Mayor Avery ~as often stated, it is
alright to disagree but not to be disagreeable, and that he feels
there are many citizens and voters of Delray Beach who don't really
understand how a City Council works, a~d it ~as been his pleasure
dttring the oast year to work with such a Council.
3. Mr. Saunders and Mr. Talbot said they had nothing to add to their
saltier statements concerning it being a oleasure in working as a
Council during the past year, and their anticipation of a year of
progress.
X. Mr. Talbot reminded the Council that he had requested a comolete
report on the rehab$1itation of the old sewers and complete break-down
of the cost of operation of the Sewer Department, and that he would
like that renort submitted at the next regular Council meeting;
further, in addition to that he would like the re~ort forwarded with
the Agenda so the Council may stud~ same~ and an explanation of' the
report given at the ~ouncil meeting by whoever in the administration
is responsible for said re~o~t.
The following excerpt from the November 22, !~5 Comucil meetiDg
minutes gives the detail of what is to be given in said remort.
"}~. Talbot s~td thoro had not been a renorb on the. new sewer
system, nor on the ~eha~ilitatIqn of the 61d sewer system,
and that he feels the Couhcil should be kept up-to-date on
sa~e.
Mr. Talbot then moved as ~ollows: 'I move yoU, ~ MaYor,
that the City Manager be requested to ftu~nish the City
Council with a reoort coveting the cost of.maintenamce~nd
ooeratton of the existing~ity sewe~"sy~temi THis reDort
to be itemize~.by'categ0ries of.l~abO~w equinment, ~oweP,
chemicals, etc. This report to b~ f~u~ai"shed aa. soon as'
possible, wi~h~tbe ~Ime oeried-not to ~xceed thirty days.,
The motion was seconded by ~,~Croft and csrr!e~ ~ani~ouSty.
~. TalbOt then co'anted ~'~ as follows: ,In
connection with th~ rehabilitatt'on of the old sewer system,
I move you, Mr. Mayor, that the City M~ager be instructed to
prepare a report o~ ~he '~en~itures ~0 date'in ~he rehabili-
tation and cleaning of the 'old sewers.~ This ren&rt also to
show the a~unt-of the cid system_completed to date,~and also
show categories of exbend~.turee of labor, ~quipment, material,
etc. .This reboPt tO. be f~niShed~$~ so6n as nOssible and
the t~ to Be not more t~n thib~y days.' The m~tion was
secdh4~by. ~; Sea,ers ~d c~rried ~animously."
X. ~. 'Talbot asked how Often the Standby equipment at the Mas~er
Lift Station iS checked out, and City ~nager Gatohel ~aid it is
checked out at least once a week.
~. TalbOt Suggested that the exhaust at the ~ster Lift Station
be oainted for wrotection and for a better aooearance.
3. Mayor Avery said that the Councilmen have a tremendous amo~t of
work to do; that he is looki~ inward to a year of real progress;
and it is his hone that the financing will pe~it the awarding of
contracts on the water treatment plant~
X. Mayor Avery info,ed the 0ouncil that the 'Delray Beach Radio Club
desires the us~ of.the V,-F.'W~ pcny LeagUe. Ball Field in City o~ed
Block 37, lying between ~ W. 3rd and 4th Avenues i~ediatelY South
of Atlantic Avenue, for the dates of January 10th t~u the 15th, for
a Carnival. Further, that the net nroceeds of same will gotoward
the Radio Club A~ual Jamboree, and that the V. F. W. has given per-
mission for use of said ball field for that puroose~
Mayo,'Avery said that the Co~cil and City Ad~inistratidn are
deeply grateful to the Delray Beach Radio Club for their assi~ce.
during h~ricanes and other times .of need, and that he would welcome
a mo~ion giv~Ing oe~ission for the Carnival, waiving the fee, subject
to the regulations that have be~olaced on similar carnivals
soonsored by the two American Lesion Posts.
It was oointed Out t~t the'$heldon ~uaement Enterorises of
Pompano will provide the entertai~ent and that they ~ve operated
satisfactorily in the past ~ln Delray Beach.
City Manager Gatchel info,ed the Co~cit that he approves of
pe~ission being granted for said Carnival and asked that City Clerk
Worthtng infO~ ~he Co, oil bf ~he insurance coverage Orovided.
City CIerk worthing ~info~ed the Coun6ii that a .Certificate of
Insurance has be~ received today which reflects ~100,000.00 to
$300,O00.O0'liabiti~y insurance coverage p~tecZl~ ~he V. F. W. Post
~141, the City of Delray Beach, and the Delray Beach Radio Club, said
insurance being nrovided for the period of January 10th t~u 17th,
1966.
~. Croft moved that pe~isslon be granted fo~ sa%d ~arni~l,
subject to the regulations that have been olaced on similar .6~rnivals,
the motion being seconded by Mr. Jurney and unanimously ca~ried.
X. Mayor Avery reminded the Co~cil that on October 28th, 1965, they
had gi'ven pe~ission for a tenb meeting to'.be ~nducted by ~he Ohurch
of the Living God; further, that the meeting had not been held and
they wanted the~oe~ission revitalized for a meeting to De held for a
couple ef week's star~ing January 7th, 1966.
City Clerk Worthing said'~ha% the tent meeting had been aporoved
for theChurch of 'the Living God, on private lands at the Southeast
co~ner of N. W. 10th Avemue and 2~d S~reet, subJec~ t6 the F~e
Chief's approval 6f the ~ eS being nronerly fire resistant .treated;
further, that said tent'~ not been annroved and, since that time,
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~ laced Wi~h another tent~ ~nd it ~ugges~ed ~hat Council
~a~ bee? .eD ... ~,_~ ..... ~. k* the Church of.'~he Living God for,a ~
may want ~o granp.~n~ ~F~TTE~Z~ ~e Chief's a0~ro~al of the
meeting at this tlme)suodec~ ~: ...... - '
It was so moved by MrA Jurney, Seconded by Mr~ Talbot and unanimously
carried.
4 City Clerk l~orth~ng informed the Counci~ th~tSe~tion 26 ,of the
· Charter d~rects~"t~em,tO'estabiish meet[hg ~ates ~r:the regular
~ity., ~ ..... ~ch sEal'i b'~ p~ovi~ed f~r a~ least ~ice each
month throughout the year~
Following a pollof the Cot~ncil, Mr. ~r.oft moved, that the ~ates
u~ar'OounCil meebings 'in 1966 be the same.as during : .
for the reg . :, · ~ ~'-~-~ ~-~^~ as have anplied in the past
1965, and that the Same numes cA ~
also apply d~ring 19~6. The motion was seconded by Mr. Saunders
~nd carried unanimously.
$. There were no public requests from the floor.
S ders moved that Mr, David M. Gatc~el'be reappointed~as
~. Mr. aun . - - ........... ~c,ivin~; and to. serve
~itv Manager, St the same sazary ne.~ ........ ~u~'~v ~'
at ~he will of'the coUncil. The mo$~on was secono~ u~ ,-~, ~---- -
and carried unanimoUsly. ~tha~ in-~ccordance with See~ions
City Clerk ~drthlng pointed out
12 and 47 of the City Charter, all appointments under'agenda items
6, 7, 8, and 9 are made with the understanding that such appointments
and terms of office are.a2 the. pleasUre of Council., .... ~ '~ .
Followin~ discussion, Mr. Talbotmov~ that the City
7, 8, and 9, ... ~' u~ e. Jud' es Ad'Litem, Cit~' Pr0secutq~ and
Attorney, Municioal J g , g
Assistant Prosecutors be appointed,' to serve at the oleasure of
Council, as follows:
Mr, John Ross Adams as City AttorneY~; ~.- '~'~'~.
Mr. James W. Nowlin, Jr. aS. Municipal J~dg., .III;-
Mr. Paul Gringle, Mr. JohnW,' Spinner, l~r. W;"~. Williame~
and Mrs. Anne E,del Deacon as $~dges Ad Litem;
Mr. Charles Byron aa City Prosecutor;
Mr. John W. S~inner, F~r. Henry Crowiey Snd Mr. G,,RobertF~ll°ws'
as Assistant'Prosecutors. TIAo mm~lon was seconded by Mr~$atu~ders
and carried unanimously...
10, City Clerk ~orthing iflformed the coUncil ~hat. due ~t0 vacancies' ....
on the PI.arming/Zoning Board as a result of:term of office expiration,
as well as resignation Of a Board member, t~e pleasure of the CoUmcit
is requested concerning the following: ~ ..
a. The Board's recommendation for reaopointment of i~r; Keuneth
Jacobson as a member thereof, his recent term Of .ioffice having ex-
pire~. ~_-~,~oe.~ ~* the Board;~s recommendation"th~tl~. Thomas
ht be aopointed 'thereto for the unexpired te~m_o~, r...
W0olbrig . ' 't o~ f~om the Board
Richard Hanna's membership there0n~ whose resigns i
was recently regretfully a~cepted,
Mr, Jurne~ moved that the. Board's recommenda~iqn for the '~eap~ ·
planning/Zcmir~'
pointment of ~r. Kenneth Jacobsen as a member of the
Board ~e accepted as well as Mr. ThOma~ EA Woolbright being
pointed as recommended. The motion was seconded by Mr. Croft and
carried unanimously.~
The five year term0f Mr. Kenneth Jacobson.will ~x~ire On -
September 28, 1970, and the term of Mr. Thomas E.. Woolbright will
expire on September 28, 1968.
1I. Regarding a request for Council consideration of recommemdation
concerning administration reorganization program, City Clerk Worthing
reported to Council as follows:
"In keeping with current administrative re~rganization
orocedure now in progress, the City Manager respectfully
requesbs CoUncil Consideration cE deoartmental nos~tions found
to be superfluous to the~ad~i~istrati~n~s needs in the NEW
Table of Organiza$ion,~namely:
1) Safety Engineer - reflected in the An~ual B~dget ~ith
fUnds being orovidod from Account No. 910~121-119;
- .~. 1.3- 66
~) afety Enginee~, a~. contained in said.Budget with
funds being~llo~ated ~rom Account No.
· he City Mana~er,s recbmmendations were~un~nimously-ac~epted, on
motion by ~r. saUnders and~ sec0nde~ by ~. Tal~otA
City Manager Gatchel sugggs%ed that Co~cil consider the a-
bolis~ent of saidS~ety Engineer noel%ion effeo%'i~, the end of
January, 1966,.~d tha~ ~he~A~Inis~ration be autC~i%edto
the services of '~he Safety~ginee~ to %he end of JaZZy, I96~
consider this aa'~iS te.~ination, ~
Mr. Talbot moved that-'the C~ncil accev~Lthe reco~endaMDn ~f the
City Manager.. The mo~i,n was seconded by ~. J~ney and carried
~animously.
12. C~cerni~g Se0tion ~I, ~s it velates to the Beach Erosion P~ogv~,
City ClerM Worthing informed the Co,oil that the City Manager reports
tha~ deeds have been executed in favor of ~he Cit~ of DelraFBeach by
the individual property o~ers commencl~ at the ~orth end of the
Municin~l'Beach and Beach Drive and continuing Northward, contiguously,
for a distance of 1034.36 feet,.te~lnating a~ the Sou~h line of~ the
Fox PropertF~ and inco~o~ating the South Sen properties a-s sho~ on
the surve~ map for Section II. Further , that work is still in
process,. ~d will continue ~o be so, on the remaining l~em to the
North, namel~ t~ Fox P~operty...
City Manager~ Gatchel reported that this project, which beg~ last
s~er, has had many. ups~ and do~s, letters, houPs of work, and long
distance telephone calls co~ec~ed with i~, and when Council last
established t~ deadline of Ja~ary 3v~, 1966 on that item, he ~d
0ity Clerk W~v%hing bad, discussed same, and had d~Aded %hat ~
Worthtng would con~a-~t the property o~ers in saidSe~tion II again
in an effort to obtain the .desired deeds. ~e City Mana~9~ said he
did not'~want to take any'credit away 'from any of the pe~l'e %hat have
been eonneoted wt~h .this project, and continued: "I do .~ant ~o say,
at this narticular time, tha~$~Mr. Wq~thing took ~he buliby the. horns,
so to sneak, and came home with the'~baeon, again,3 so toSpeak. ~hese
ten proDer~y oEe~s are all well info,ed and advised ~hPough
Worthing's ver'sonal~.contaet,. as to the City's inSentions and
efforts to..proteet our beach, and as ~. Wo'vthing Just reported
Co~cil,.efforts are continuing on this particular proper~y, tha~ is
involved ina trus~ and thee are certain legal te~bni~a!l~i~s involved
in it...We still hav~ not given up on the pOss!hilityoT
t~t in =he proJect~, but I do want.to recognize'~wherereco~%l~, in
my opinion, ts 'due in this particular case wi~h ~he ~eds 6'n hand for
~he ~en 9voPert'ie~ i~ediately North of the City o~ed beach.
Wort~hing~id a very,..very fine Job 0f it.
I b~I~ve it would be Co~cil's oonsidema~ion a~ this time as
the au$h~ization which should be f*~ded ~dia~el2
morning to our Engineers, Glace Engineering Comnany %n St. Petersburg,
as ~o Where to co~ence with %he plans.and specifications for Section
.II. This is the. rec0~ended~ Point, 1034.36 feet North of ~he City
o~ed beach, ~ich la a point 190 feet South of the Weber Droperty
which is surrounded by the vertio$1 sea ~all."
~. Talbot said that a person is very seldom indispensable;
however, tha~ in the case of completin~ ~9 acquisition of deeds In
SeCtion II' of the Beach ~osion Program, l~."Wor~hi~ has been indis-
pensable.
Ea.F~ Avery said tha~ h~ fel~ ~, Worthing wo~ not object.to his
complimenting City Manager Gatchel Cot his intelligence and approach
to getting this item accomplished, '
~, Talbo~ c~en~ed and moved as follows: "~e a~e tnL a position
now ~o proceed;, howe~r, as our Ci~ Manager ~icated, ~h~e may be
a possibility of still including ~ ar~a in~
program;~however, we are no~ ho!d~ out-profab'for l~. I have
reasons tobet~eve~hat~perhaps ~he~~y~~ in'New Y~P~ Ci~y'he~ding
these several trust f~ds~of the F,~P~op~rt$, ssi und~Ps~and there
are, have mot had a true picture f~6m s~ebody from this Oi~. Your
Honor, Mayor Ave~, an~ ~ Ho~rab!e C~y Ahtorney w~ll ~e in ~ew
Yo~ 0i~ Sh~r~l~ '~d. ~ ~ul~ like ~o~.as~ ~he Co~cil ~o approve
~. Wor~i~g go a~ng on'this ~rip an~ t~at ~heae t~ take time
make am~in~men~'t, ~sc~ss ~bis ~ma~ with the Attorneys of the
Fox T~ or Trusts, ~o present ~he situation exactly as i~ is and
per~$ we may ~eceive a d~ere~t answer. I so.move." The
was seceded ~y ~ Jurney ~n~ carried ~animously.
-~- 1-3-66
Avery
Mayor/suggested a mo't~on that'the Cf~y Officia}~ be authorized to
instruct Glace Engineering~Corporat,iOn to start thei'~ design at a
point 1034.36 feet North of the existing City beach. It was so moved
by}~r.. Saunders~ The motion-was Seconde~ by',,~'.'.Cr0ft an~'~a~ted
unanimously. .. . . .,
13. Concerning contractor'sI a~tiVities in Coh~e~.im~ith the ins~al,
lation 'of th~ seWage collectio~ ~ines and tilt ~atien~'on South A1A,
City Manager Gatchel re~o~ted~asV $olloWe':~?~''Gen~lemen, ~he.repcYts
p~mDs being operated in $hIs area, w~ich Have b~n annoying somel of
the residents of the area~ haVe' real!~'be~n the r~ports of'a drilling
Drocess at t%e 'intersection of Del-Ha~bour'~Drive~and South Ocea~
Boulevard. This is the site of the lift station to be incorporated in
Area 14, and the site of the lift Station is solid rock. The
tractor has a drilling rig out there With which'he has.'Been
· large holes into th~ rock so that when the digging process acmes~
about the equipment will not be-torn up. This o~r~tion of ~drill~lng~.~
it has been reliab!y informed to me, will be completed b~-thi~.
coming Thursday night. That-willbe the end Of the drilling process
at Del-Harbour Drive'and South OceanBouteve~d, and I believe' that'
was the particular site from wh~ch~some of you gentlemen of Council
received complaints.
The large wheel, rig which you have seen out. there on the~ Job lsL
actually digging the trenches down into the rock-fd~ the lnst&ll~t~on
of the lines, the maSns going on the West side Of alA. T~ia'~Work is
proceeding and the rig does make. p~ogress each day. In other words,'
it is mot stagnated at one lo-cation such as the drilling process i~,
It has been reoorted to me that this will ~teke ap~roximatsly two Weeks
to complete .... the digging of the rock with this big wheel
operation which I am sure all of you have seen out there.
Gentlemen, I would like to call to your attention-~ha~c I~beli~ve
it was Council's intention to go ahead with this'pro~ect~ when l~
authorized to be begun this bast fall, and Council does have to
consider that any holdup or stopping of the contract will cost ~he
City some ~oney and would have to be negotiated. ~e do feel that this
wheel operation digging the lines for the main sewere should be al-
lowed to continue to its completion which is anticipated in two weeks~
Possibly the work on the lift station site at Del-HarbOu~Dri~e
could be delayed somewhat ~fter Thursday, but I do believe the main
portion of the objections of the residents of the area will be e- ~: .-
liminated after Thursday when this drilling process wilI'be compIetedo
.I suggest to you that you consider ~liewing this project to con~
tinue until these completion dates ~hat I have Just reported to you.
One more thing in your cbnSideration, when thinking of a poss~ible
delay of this Contract until after the season, is that you need-to
consider the revenue commitments which we Have made to our' fiscal
agents as to when these projects are supposed to be into operation
and this money coming to the City in the form of return on the~in-
vestments. These are ali things that ~I do believe you ~eed to con-
sider at length before making any final decision on it. I~ do feel
that the majority of th~ obJectional noises that the citizens are
comp~aining abou~ now .will be eliminated in the very near fut~re.~
It was pointed cut that the contractor, at this time, is only
working six days a week from 8:00 A.M. to 5:00 P.M. which would be
the hours that anyone would be subjected to if someone was building
a house next to them.
The City Manager reported that Mr. D. R. Neff, Resldenb Enginee~
for Russell & Axon is oresent this evening and has indicated~that
he will be glad to answer any questions that the~ Council might' have,
Mr. Talbot asked the City Manager about the excavation for the,
laterals, and the City Manager reported that is proceeding very well,
that it ls~a very~ very narrow cut and the excava~ions are being
filled with poured cement so there is no sinking Of fill to be
perienced.
Mayor Avery suggested a ~otion that work ~e allowed to' proceed as
recommem~ed by the City Manager. It was so moved by Mr~ Talbot, The
motion was setonded by Mro.Croft and carried unanimously.
X. Mayor A~e~y informed the Council that last Thursday he had a call
from ~ lady.who had returned from vacation and'~found ~h~t her' water
had be~n shut off, and that he had called the'City Manager, Fina~oe
Director/ Superintendent of the Water Department and anoShe~ employee,
of the Water Department all of whom were ~ut and could not be reached:
6
further, that he then called Mr.'By~on Matteson, an-employee of the
War.er D~artment, who very willingly went out on ~he call and found
that the water had not been shut of~ by the City, and in~fUmther
investigation found that the house valve
Mayor Avery sai~ ~$~,~the help given by M~. Matteson is above and
beyond the call o~ d~that it is g~od p~blic,relations, and feels
it is quite n'roper th~ the City Manage~ ~e ~irected t~ 'give Counc'tl'S
commendation to Mr. Byron Matteson for performing i,~a ~ery cred/table
mannerS'for the City. The Councilmen we're agreeable' and the City
Manage~ was so directed.
X, Ci'~ Manager Gatchel in~rqduced Mr. Art Smith the new Director
of Planning, Zoning an~ Inspe~tien.
The meeting adjourned at 9:05 P,M.
R. D~WORTHING
APPROVED:
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