03-02-79SpMtg MARCH 2, 1979
A special meeting of the City Council of the City of
Delray Beach, Florida, was held in the Council Chambers at 9:00 A.M.
Friday, March 2, 1979, with Vice Mayor Robert D. Chapin presiding and
City Attorney Roger Saberson, and Council members Charlotte G.
Durante and John E. Gomery, Jr., present. Mr. Scheifley was absent;
City Manager Mariott and Mayor Weekes were absent as they were in
West Palm Beach attending a meeting with the State Attorney.
Vice Mayor Chapin called the meeting to order and report-
ed that this meeting has been called for (1) the purpose of consider-
ing authorizing the disbursement of $63,000 to the firm of Bumby &
Stimpson in connection with Sanitary Sewer Project, Part C and (2) to
consider a partial settlement of the litigation currently pending
between Bumby & Stimpson and the City of Delray Beach in regard to
the above project.
The City Attorney stated that he would like authority
from Council to agree to disburse the correct amount of $63,015.92
within ten days of the date that the City enters into the stipulation
which will be today. As part of the stipulation, Bumby & Stimpson is
admitting to liability for damages to the South Granada Canal; how-
ever, they did not admit liability as to the alleged damages to the
other canals in question. The other two are the Granada Canal and
the Trinidad Canal; with regard to those two, the damage is minor as
compared to the South Granada. The stipulation will also provide
that in the event that they have not dredged that canal at their
expense within two days prior to trial, the City will have the right
to enter into a dredging contract with the dredging contractor of its
choice and to deduct the expense of the work including reasonable
monitoring expense from the $40,000 the City is retaining. The City
has, at the present time, $113,000 that it is retaining. After the
stipulation agreement, the City will still retain the sum of $40,000
and that's been done in consultation with Mr. Klinck. It is Mr.
Klinck's opinion that the $40,000 will exceed the amount necessary to
repair the damage to all three canals, so the City is adequately
protected in that regard. Other than the claim to the South Granada
Canal, the complaint and the counter-claims will remain pending to
litigate the question of the other two canals.
In response to Mr. Gomery, the City Attorney stated that
there were canal profiles done by an engineering firm which Russell &
Axon has seen; he does not have them in his possession. The depth to
which it will be dredged is four feet below mean average low tide, so
however much is there necessary to do that dredging is what Bumby &
Stimpson will do and a canal profile will be done behind them as they
are doing the dredging.
In response to Vice Mayor Chapin, in regard to the
Granada and Trinidad Canals, the City Attorney stated that they have
not admitted that they put in fill in either the Granada or Trinidad
Canals. ~'
.Mrs. Durante moved that Council authorize the City
Attorney's office to enter into a stipulation and settlement agree-
ment as outlined by the City Attorney together with the authority to
make changes in that agreement as the City Attorney sees fit in
conjunction with the consulting engineers, provided that he does not
permit the disbursement of funds in excess of the amount of
$63,015.92, seconded by Mr. Gomery. Said motion passed unanimously.
Vice Mayor Chapin declared the meeting adjourned at 9:10
A.M.
Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray
Beach and that the information provided herein is the minutes of the
special meeting of said City Council of March 2, 1979 which minutes
were formally approved and adopted by the City Council on
7 .
y Clerk
NOTE TO READER: If the minutes that you have received are not com-
pleted as indicated above, then this means that these are not the
official minutes of City Council. They will become the official _
minutes only after they have been reviewed and approved which may
involve some amendments, additions, or deletions to the minutes as
set forth above.
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