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09-17-64SpMtg 527 SEPTEMBER 17, 1964. A Special meeting of the City Council of the City of DplFay Beach w~s held in the Council Chambers at 9:00 A.M., Thursday, September ~7th, 1964, with Mayor Al. C. Avery in the Chair, City Manager Robert J. Holland, City Attorney John Ross Adams, a~d Council- men Emo~ J. Barrow, J. LeRoy.'C=oft, 'Jack L. Saunders and ~e0rge Talboti ~, being present. Mayor Avery called the meeting to order and announced ~.t~hat same had be%q called for the purpose of considering Federal DiSa~er Funds relati~ to Hurricane Cleo, and for any other business whi~ may come before~h~ meeting. '' A~ op~ning prayer was delivered by City Clerk R. D. WoNthing. May~r Avery commented as follows: "The City Manager asked me to call this meeting because three members of the City personnel, Mr. Fleming, Mr. Weber and Mr. Woodard, went to west Palm Beach to a meet- ing with the Civil Defense people and representatives of the Federal government concerning the procedures to get Federal funds, a gift as it were, for the clean up and repairs as a result of Hurricane Cleo. We Will ask the City Manager and his personnel to orientate us, and we will then give each Councilman a chance to express his views and then make any motions that are necessary." City Clerk Worthing read the following memorandum to the City Manager from the City Engineer, dated September 16th, 1964: "Subject: Federal Aid for Hurricane Damage. In accordance with your instructions, Mr. Woodard, Mr. Weber and myself attended a meeting at West Palm Beach at 1:30 P.M. September 15th, 1964, which meeting was called by the Federal Office of Emergency Planning for the purpose of explaining applications for federal aid due to hurricane damage. by This meeting was conducted/Col. Tuckington, State Civil De- fense Director, assisted by Mr. Vandane from the office of Emergency Planning. It was explained that federal aid was made available to municipalities and other political sub- divisions in the area under the provisions of Public Law No. 875. In general, municipalities will be refunded any 'out of pocket' expenditures (expenditures Over and above the normal operating expense) which were incurred in repairing damage done by the recent hurricane. Six catagories of work are listed for which funds will be made available as follows~ A. debris clearance. B. protec- tive health and sanitation measures. C. streets, roads and bridges. D. dikes, levees and drainage facilities. E. public buildings and related equipment. P. public utilities. Probably the chief catagory under which reimbursement would be claimed by this city would be Debris Clearance. 'under this item the city would be refunded for any monies spent for overtime work of city employees, the hiring of a~6itional equipment, overtime.use of city equipment, hiring of addi- tional labor, etc. Eligible costs also include any work done by contract. 52~7 "The city also may recoup any expenditures for repairs to ~ublic buildings, streets, sewers, traffic signs and various operating devices for traffic control. An emergency joint office to assist municipalities in their investigation of damage has been set up in West Palm Beach and may be ad- dressed as follows~ S. Area Disaster Field Office. State Civil Defense Agency 1000 Lake Avenue, West Palm Beach Telephones 832-8460 and 8]2-8469 Instruction booklets and applioation forms were issued to each municipality. It was also requested that a resolution be adopted by Council appointing a certain person (in this case probably the City Manager) to execute the application on behalf of the city. A sample ~orm of this resolution has been given to City Clerk Worthing and will be available at the council meeting tomorrow. Xt was stated that ~out of pocket~ expenditures for debris clearance were allowable when the debris constituted a health or safety hazard. In answer to specific inquiry it was stated that the large piles of debris still remaining to be cleared would come under this catagory. No reimbursement will be made for employees taken from their regular Job to assist in' debris clearance unless such employees were worked overtime involv- ing additional expense to the city. Reimbursement will be made however for any and all overtime, additional equipment and so forth which will be used to complete the cleanup. If the city desires to take advantage of this offer for federal funds, it would seem logical that we proceed full speed, hiring equipment and working necessary overtime to clean up the city as quickly as possible to avoid the health hazard and possible safety hazard of fire due to the accumu- lation of pil~s of dry trash." Mr. Talbot asked if out of pocket expense for. this City in this regard would be retroactive, to which City Engineer Fleming said that it could be. Mr. Barrow asked how long it would take to get the City back in shape with work progressing as it is at this time. City Engineer Fleming said it would be approximately the middle of October and should be very close to the amount of money the Council allotted for same. City Engineer Fleming explained that the only thing the City could claim would be the overtime that had already been worked, materials that have been damaged and any extra trucks, equipment or crews that had been hired. Further, for any equipment that worked overtime, they have a schedule that shows how much will be allowed for cranes, trucks, etc. City Engineer Fleming explained further: "We specifically asked the question. The piles, etc. in West 'Palm Beach are very similar to the condition we have in the City here now. We asked the man if the piles .that are laying around in Palm Beach would be considered as a health hazard and if funds would be available if it was picked up un an overtime basis. The answer was yes. "He also made the statement that we would have to keep a very Strict accounting of all money ex- pended. The City has to pay the money first and show where they have expended it, and it is subject to an audit~ however, he said their investigation of it, in many cases, pointed out where the City could have collected additional funds rather than try to cut 529 What they had claimed. It is my understanding that there is-very little guestion but what the City could collect anything.that it spent in the way of overtime and additional expense, out of pocket expense; for this clean-up. The City has-to pay it first, so'every- thing will be retroactive." Mr. Saunders said he did not see where DelrayBeach had an em- ergency, and he felt it was a step in the right direction if the Federal money was refused. Mr. Talbot said he felt the City should recover what money they could that is spent for this hurricane clean-up, over and above their normal woFk0 Mayor Avery asked what amount of money the City would be consid- ering from the Federal government, to which City Engineer Fleming answered as followsz "For the debris clean-up, ! presented the coun- cil figures in which we would have expended some $8,000.00 or a little over if we~'continue as we did, and it would have been $12,000.00 if we went into the additional overtime work. I would assume somewhere in the v~cinity of $12,000.00 for debris clean-up. I know ~ $2,000.00 worth of:traffiC control material and I believe these gentlemen have been working on damage to buildings, etc. This, of course, will only cover what is not covered by insurance. As I understand it, each in- dividual case is subject to $100.00 deductible on insurance." Mayor Avery asked if it was safe to consider Somewhere in the vicinity of $15,000.00 recovery from the Federal funds, to Which the City Engineer agreed. City EngineerFleming said his estimate of expense, as reported to the Council, was over and above the normal operating expense. Further, that he did not include any cost for the City trucks and equipment that worked those extra hours. Mayor Avery said he would like to direct a question to the Director of Finance for verification, as follOws: "If you asked for this money, it would not affect this year's budget money at all. It would come in, when it 'finally came in, if you get it, it would come in as revenues for next year and then would be considered as extra money out of this year's budget, somewhere and then readjust next year's budget, if the next Council so chose. Is that correct, Mr. Weber?" Mr. Weber agreed that it was correct. Mayor Avery said the Council had set up a budget which had suf- ficient money in it for emergency or disaster purposes, and he did not feel the Federal funds should be accepted. City Attorney Adams commented: "Mayor Avery, while I agree with the policy that*you have expressed, and I am not making a policy state- ment, the only thing I would want to admonish you to watch out for is that you are dealing with taxpayers' money, - $15,000.00, which some- body might accuse you of mor~ or'leSs.refusing to take advantage of. I think probably you can make this application any time within a year. As an alternative, you might have a straw vote at the next general election and let the people say whether they want to take advantage of it or not." Mr. Talbot moved as follows: "I move you that the City Manager be directed to bring back to this Council a figure, an amount of money, that will necessarily have to be expended by the City to clean up this City, over and above the regular working hours of the Public works Department." Mr. Barrow suggested that along with that same report, a report be made on the difference in time that it would take to continue with the present setup or to' go ahead and hire more trucks and men and get it done sooner. The motion died for the lack of a second. Following lengthy discussion concerning ~peed of clean up, cost, and use of Federal money for same, Mr. Barrow moved as follows: "I move that the City Manager.be instructed to go full speed ahead, using the trucks on the weekend at no additional over'time, at regular pay, as fast as he can, and at the next Council meeting, that he bring back to us the estimated cost of the amount of money it is going to take, and then we will decide whether we want to go for the Federal funds or not." The motion was seconded by Mr. Saun0ers. Mayor Avery explained asfollows~ "It has been moved and se- conded that the City Manager .be directed to Proceed' at.the fullest possiblespeed, using the.City forces oB five days andusing outside .forces on the weekend ...... " Mr. Barrow said it was okay. to use City forces on the weekend if he wanted to.~ Mr. Saunders withdrew his second to the motion as ~e did not' understand it to be as was explained. To make the motion clear,~Mr~. Barrow ask~.:%he City Attorney to rephrase.same.. CitY Attorney Adams-commented a~ followst ~iYou want a motion that the City'Managerproceed full speed in an eQ~nomical fashion, to be determined by him, to effect the clean~/p as soon as possible at no overtime pay, but using cityforces and outside forces where he determines." Mr..Barrow added to the motion= "At the next ~eeting~--b~ing back to ue the estimated cost over and above what the hurricane has cost us." City Manager Holland commented as follows~ "It-is my understand- ing~a~u are instructing me. to proceed economically full speed ahead u~r my own judgment, using any outside crews as I so desire, weekdays, Saturday or Sunday, on a daily Or hourly basis, and if I so choose, this coming Saturday or any Saturday or Sunday to use City forces, and they will be paid on the hourly basis that they receive during their work week." The motion was seconded by Mr. Talbot and upon call of ro11, Mr. Barrow, Mr. Croft and Mr. Talbot voted in favor of the motion and Mr. Saunders and Mayor: Avery were opposed. city Clerk Worthing read RESOLUTION NO. 1485~ A RESOLUTION OF THE CITY COUNCIL O~ THE CITY OF DEL~AY BEACH, FLORIDA, PROVIDING AUTHORI- ZATION TO APPLY FOR CERTAIN FEDERAL FI~NCIAL ASSISTANCE UNDER THE FEDERAL DISASTER ACT * (PUBLIC LAW 875) 81ST CONGRESS.. BE IT RESOLVED BY the City Council of the City of Delray Beach, Palm Beach County, Florida, t~at ROBERT J. HOLLAND, C~ty Manager in and for the City of Delray Beach, Florlda, he an~ he is hereby author- ized to execute for and in behalf of the C~ty of Delray Beach, a pub- lic entity established under the laws of the Stat~ of ~lorda0 this application and file it in the appropriate State office for the pur- pose of ob~aining certain Federal financial assistance u~der the Federal Disaster Act (Public Law 875, 81st Congress~ 42 U.S.C. 1855- 1855g). PASSED AND ADOPTED in Special session on this day of September, A.D. 1964. Mr. Barrow moved to adopt Resolution No. 1485 on this first and final reading, the motion being seconded by Mr. Talbot. Upon ~11 of roll, Mr. Barrow, Mr. Croft and Mr. Talbot voted in favor of the motion and Mr~ Saunders a~d Mayor Avery were opposed. City Clerk Worthing informed the Council that on August 24th, they had referred a request for Permissive Use of certain land for construction of a Child care Center, to the PLanning Board. The City clerk then read the fo~owing Planning Board r~port, dated September 16th, "On S~ptember 15th, 1964 a public hearing was held on a reqv~t for permissive use to operate a CHILD CARE CENTER a~ 115 S. W. llth Avenue on Lot 4, Block 9., Atlantic Park Ga=~ns, by the Planning Board. Twenty-two property owners -4- 9-17-64 "were notified. There were no objections .to the request. After reviewof the application, on a motion by Mr. Kabler aNd'seconded by Mr. Lankton, the board unanimously approved to recommend to Council that the request be granted." Mr. Saunders moved' to approve the recommendation of the Planning Board, the motion being seconded by Mr. Croft and unanimously carried. City Manager'Holland referred to the pending potential purchase of a ten acre tract of land by the.Palm Beach County Board of Public Instruction, which lies between S. W. 2nd and 3rd Streets an~ 8th anO loth Avenues. On motion by Mr. Talbot and seconded by Mr. Barrow, the Council unanimously sustaine~ the recommen~ation of the City Manager that the cost of drainage of this tract should be shared equally by~.th~ Board of Public Instruction, estimated cost being $4,800.00, and a dedica- tion shoul~ be obtained from said BOard of the West 25 feet of said tract of land for street right-of-way purposes in exchange for the abandonment of a north-south 50 foot right-of~way through the center of the property. The meeting adjourned at 10:15 A.M.. by order of Mayor Avery. _ ~.R~, D.. WORTHING City Clerk MA~OR -5- 9-17-64