06-17-68SpMtg JUNE 17, 1968.
A Special Meeting of the City Council of the City of Delray Beach,
Florida, was held in the Council Chambers at 8:00 P.M., Monday, June
17, 1968, with Mayor J. L. Saunders in the Chair, Cit~ Manager David
M. Gatchel, and Councilmen James H. Jurney, LeRoy W. Merritt, James B.
Wilson and O. F. Youngblood being present.
An opening prayer was delivered by City.Clerk R. D. Worthing,
followed by the Pledge of Allegiance to the Flag of the United States
of America. ·
Mayor Saunders ca.!led the meeting to order and said the meeting
had been called for the ~urpose of considering the past, present and
future status of the Concrete Block Revetment wall, and for any other
business that may come before the meeting.
Th~ City Manager read a news release on the Status of Beach
Revetment Wall, dated June 17, 1968, in which he said the purpose of
this re~ort is that the City CoUncil deems it essential to consider
the past history, as well as the current condition and the future
planning. (Copy of said news release is attached to the official copy
of these minutes.) See pages 128-A-C.
The following is an excerpt from the News Release:
"In order to pursue the Cityts legal position in this
controversy, the City Council plans to retain the services
of Mr. Fred Hollingsworth of West Palm Beach to associate
with Mr. John Ross Adams, the City Attorney.
So, ~therefore, tonight the City Council intends to:
1. Authorize advertising for bids on the plans and speci-
ficat£ons, which have been prepared for the reconstruc-
tion of the depression areas of the revetment.
2. Provide for the retention of the services of Mr. Fred
Hollingsworth to associate with our City Attorney in
pursuing the legal aspects of this matter.
3. Authorized the City's legal department to take what-
ever action may be necessary to recover the amount
of damages which the City has sustained and migh~
reasonably expect to sustain from probable future
failures of the revetment."
The City Manager said he feels that the t~Iree steps as indicated
need formal consideration by the Council.
Concerning Item 1, Mr. Wilson moved to authorize advertising for
bids on the :plans and specifications, which have been prepared for
th~ reconstruction of the depression areas of the revetment. The
motion was seconded by Mr. Jurney and carried unanimously.
Concerning Item 2, relating to the retention of the services of
Attorney Fred Hollingsworth, it was so moved by Mr. Jurney, seconded
by Mr. Youngbloo~, and unanimously carrie~.
Concerning the *third recommendation, City Manager Gatchel com-
mented as follows: "In addition to the authorization to the legal
department to take action necessary to recover, I would offer for
Council consideration further instructions to authorize the legal
department to defend the City in the suits mentioned in the closing
paragraph of the release. If the defense of the suits might be
cluded in the motion, I think it might be appropriate."
Mr. Jurney moved that authorization be given to the legal depart-
ment as outlined by the C~ty Manager, the motion being seconded by Mr.
Wilson and unanimously carried.
It was ~ointed out that there have been many meetings,, and many
hours have been spent reviewing, analyzing and discussing all the in-
formation and data furnished by those hired to represent the City prior
to this action taken by Counuil.
,126
The City Manager announced that City Attorney Adams is on vacation
but is fully aware of all cond~tions.that'led to the decision of Coun-
c il tonight and' is in · accord with same.
Attorney Fred Hollingsworth was introduced and commented briefly
on the pending suits.
City Clerk Worthing informed Council that it frequently becomes
necessary to apply to the Florida. State Road Department supported .by
an adopted Resolution, for permit to cross any State Road Department
controlled highway.~th utility lines, and to avoid unnecessary delay
in the future, especially concerning the Sewer Construction by Cambron
Construction Company in the 'Southeast Area' a blanket resolution has
been prepared. He then presented RESOLUTION NO. 26-68.
A REsOLuTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH' FLORIDA, AUTHOR-
IZING THE MAYOR OR THE CITY MANAGER TO
'EXECUTE ANY AND ALL 'APPLICATIONS AND
INDEMNIFICATION A~REEMENTS', WITH THE
FLORIDA STATE ROAD DEPARTMENT, FOR PER-
'MIT TO CONSTRUCT AND ~M~%INTAIN UTILITY
LINES WITHIN 'THE RIGHT-OF-WAY OF ANY
STATE ROAD DEPARTMENT CONTROLLED HIGHWAY.
(Copy of Resolution NO. 26-68 is attached to the official copy
of these minutes.) See page 128-D. ·
Resolution. 'No. 26-68 was unanimously'passed and adopted on this
first and final reading, on motion by Mr. Jurney and seconded by Mr.
Wilson.
The City Clerk presented RESOLUTION NO. 27-68, and said the sewer
line installation referred to therein is in connection with serving
a portion of Congress Avenue, including the County Complex site.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE .EXECUTION OF AGREE-
MENT FOR INSTALLATION OF A PIPE LINE
ACROSS THE RIGHT-OF.WAy AND UNDER THE
MAIN TRACK OF THE SEABOARD COAST LINE
RAILROAD COMPANY AT ITS INTERSECTION
WITH SOUTHWEST SECOND STREET.
(Copy of Resolution No. 27-68 is attached to the official copy
of these minutes.) See page 128-E.
Following a question about the size of pipe to be installed, the
City Manager explained this would be a force main leading from the
lift station located on Congress Avenue to the gravity main located on
S. W. 15th Avenue and is in accordance with the Master Plan.
Following a question by Mr. Jurney as to whether that line would
take care of the area for the next ~ten to twenty years, the City Man-
ager replied: "This is as I stated Mr. Jurney, in accordance with the
Master Plan for the service area to be served by this lift station at
the intersection of Congress Avenue, and all future lift stations
which would be pumping to this for retransmitting into the gravity
sewer system. Yes, this is in accord with the Master Plan and that
would be for the entire service area to the west of the City."
Resolution No. 27-68 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Youngblood and seconded by
Mr. Wilson,
.Mayor.S aU~ders.., as~&d "":" '" ' ..... "
the City cle.rk t~ read. the .folloWzng letter
~..e. had rece.~ve~?.~rom the City.0.f. BoYnton..B.each, signed by Mayor Michael
V. Michael and dated June 14., 1968~
. . -68
"I and;other officials of Boynton Beach are gravely con-
cerned over the probtem of access roads to 1-95.. Especially
since it appears that a decision will have to be made within
the next thirty (30) days* on financing, these proposed roads
and if a method is not forthcoming, by this time, 1-95 will
be designed with the required access roads alleviated.
We realize that the County Commissioners have stated
that only through an ad valorem tax bond issue can funds
be raised to finance this project but we feel this is not an
accepted method. Neither 'do we feel .that should a bond
issue be presented to the voters of our area, an approval.
could be obtained. Therefore, we mpst make every effort pos-
sible to find some other means of constructing these access
and cross roads, so that a wall will not be placed through
our City when 1-95 is completed.
We are hereby calling a meeting of officials of South
Palm Beach County, leaders of the Chamber of Commerces,
Congressmen Rogers and the Legislative Delegation from Palm
Beach County to convene in the City Hall of Boynton Beach,
Tuesday, June. 18, 1968 at 7=30 P.M. for the purpose of
searching for ways and means to-finance these roads.
I would appreciate you and other members of your Council
being present and participating in this meeting. Surely with
the combined efforts of everyone concerned, some way can be
found to finance these vitally needed access roads, without
having to ask our Citizens to pay for them by ad ~alore/~ taxes.
I would appreciate hearing from you as to whether or not
you can attend this meeting."
The four Councilmen said they plan to attend said meeting at
Boynton Beach.
Mr. Youngblood informed Council that Mr. William R~ssell who has
a restaurant at 417 West Atlantic Avenue had asked what the City
regulations are concerning a restaurant on wheels selling food in that
area. He reported that last Saturday some people who had been selling
food Out at the farms were selling food next to his restaurant and he
desired to knowwhether these people were licensed for such operaton.
The City Manager informed Mr. Youngblood that he could receive
an answer to that question tomorrow at the City Hall.
Mr. Jurney said it has been brought to his attention many times
that there are.many various types of businesses operating within the
City of Delray Beach without a City license and he feels the City
~eeds. to hire a person for possibly three or six months to institute
a crash program in determining who is working without a license and
requiring them to obtain same. He suggested further discussion of
this item by Council and the City Manager.
The City Manager and City Clerk reported that to their knowledge
all people doing business in the City of Delray Beach are licensed.
The citY Clerk said if anyone is aware of any person doing
business in the City of Delray Beach without an occupational license,
he would bepleased to be informed of.same.
This item was, referred to the City Manager to be discussed further
at a workshop meeting.
MayOr Saunders reported he had received a'call from a tenant of
the Bon Aire Hotel property who said he had paid his rent at that
location for this.month and had recently been asked to vacate bY the
20th of June as the water and power would be discontinued as of'that
date and the building would be demolished.
It was made known that said tenant had selected a new location
that would be available for his use about the first of,July.
Mr. Merritt.reported that the closing on this real estate trans-
action had'been planned for June 20.th and then changed to June 24th
or 25th. He suggested that the closing now be changed to the first of
-3- Sp. 6-17-68
.1'28
July and that date being agreeable to Council he said he~,would make
those arrangements with the Real ~state Broker'
The meeting adjourned at 8:45 P.M.
,R. D, WORTHING
C~ty Clerk
APPRO~~
MAYOR ''
NEWS RELEASE~
STATUS OF BEACH REVETMENT WALL
June 17, 1968
For the purpose of this statUs report concerning the beach re-
vetment, the City Council deems it essential to consider the
past history, as well as the current condition and the future
planning, concerning this matter at this time.
The construction work called for in the contract for the initial
installation of the revetment was essentially completed around
the first of November, 1966. However, the City of Delray Beach
has never accepted the project as being completed, nor have
monetary considerations been finalized because of the contrac-
tor's refusal to give the City a contractor's release. Dicker-
son, Inc. advised the City they would file a claim for extras
they felt entitled to during the course of construction. Pre-
sently, the City has on deposit $2,415 for materials, used in
the final stages of construction, as well as $25,302.85, repre-
senting a 5% retainage on the total of the construction contract,
these two figures totaling $27,717.85.
Immediately following the November, 1966 date, numerous depres-
sions occurred in the revetment wall, which the contractor was
called upon to repair in accordance with the provisions of the
contract, at no cost to the City. This work was performed in
June of 1967. However, additional depressions continued to
appear in November and December of 1967. The contractor claimed
the one-year warranty period had expired and refused to accept
responsibility in connection with these additional deficiencies.
The City, in view of the emergency nature of the conditions,
authorized Dickerson, Inc. to repair the failure areas, with the
work being completed in e~rly January, 1968, and amounting to
$5,277.55. Within a few days after the completion of this work,
some of the repaired areas failed again, so the contractor was
called back to take proper remedial action, for which the City .
was billed $1,153.53. Neither of these repair bills have been
paid, so these, coupled with the other funds ret~ned, now total
$34,148.93.
The City of Delray Beach is now in receipt of the contractor's
claim for extras. Said claim, as received by letter dated May
6, 1968, from the attorney representing Dickerson, Inc., is in
the amount of $80,378.
News Release
June 17, 1968
Page 2
On February 9, 1968, the revetment experienced a massive series
of depressions encompassing over 300 feet of the entire length.
Immediately, the City embarked on an in-depth study as to the
cause of the massive depressions, as well as the cause of the
numerous smaller depressions which have occurred during and
since original construction. The studies were conducted by
Glace Engineering Corporation, the City's consulting engineers
in the design of the revetment; Professor James A. Purpura of
the Coastal Engineering Laboratory at the University of Florida;
soils specialists Dr. John H. Schmertmann and Dr. Ronald E.
Smith from the Civil Engineering School of the University of
Florida; and Mr. Mark C. Fleming, Delray Beach City Engineer.
Based on these studies, the City has concluded that the con-
tractor, Dickerson, Inc., is responsible for the deficiencies
and has sO notified the contractor by letter to its attorney,
dated June 13, 1968, wherein the contractor was advised of the
City's intention to take prompt remedial action to minimize
further failures and to mitigate damages by providing for im-
mediate repairs to the revetment. Such repairs are estimated
to cost between $60,000 and $70,000, and take 60 days to com-
plete. It is anticipated that additional repairs will be
needed to correct future defects appearing in the construction
of the revetment. The City has also advised Dickerson, Inc.
that the $80,378 claim for extras is invalid and that the sums
involved in the original retainage, as well as repair jobs,
will be retained until the City's potential claim is determined.
In order to pursue the C%ty's legal position in this contro-
versy, the City Council plans to retain the services of Mr.
Fred Hollingsworth of West Palm Beach to associate with Mr.
John Ross Adams, the City Attorney'.
So, therefore, tonight the City Council intends to:'
1. Authorize advertising for bids on. the plans and specifi-
cations, which have been prepared for the reconstruction
of the depression areas of the revetment.
2. Provide for the retention of the services of Mr. Fred
Hollingsworth to associate with our City Attorney in
pursuing the legal aspects of this matter.
? 128-C
News Release
June 17, 1968
Page 2
3. Authorize the City's legal department to take whatever
action may be necessary to recover the amount of damages
which the C~ty has sustained and might reasonably expect
to sustain from probable future failures of the revetment.
The City has received, this date, notification of two suits
entered by Dickerson, Inc. against the City: One suit, in the
amount of $121,756.45 plus interest and costs, involves the
balance alleged to be due in retainage and the claim for ex-
tras and overhead, all concerning the original contract between
the City of Delray Beach and Dickerson, Inc.; and the second
suit, in the amount of $6,431.08 plus interest and costs, in-
volving the repair jobs which Dickerson, Inc. conducted in
January, 1968. Since the legal department has not yet had an
opportunity to review these suits, no statement regarding them
will be made at this time.
128-D
RESOLUTION NO. 26-68.
A RESOLUTION OF TH~ CITY COUNCIL OF THE.
CITY OF DELRAY BEACH, FLORIDA, AUTHOR-
IZING THE MAYOR OR THE CITY MANAGER TO
EX~-CUTE ANY AND ALL 'APPLICATIONS AND
INDEMNIFICATION AGREEMENTS', WITH THE
FLORIDA STATE ROAD DEPARTMENT, FOR PER-
MIT TO CONSTRUCT AND MAINTAIN UTILITY
LINES WITHIN THE RIGHT-OF-WAY OF ANY
STATE ROAD DEPARTMENT CONTROLLED HIGHWAY.
BE IT RESOLVED, ~by the City Council of the City of
De!ray Beach, a municipal corporation of the State of Florida,
as follows:
i That the City of Delray~Beach, Palm Beach County,
Plorida, a municipal corporation of the State of Florida, from
time to time, finds it necessary to submit an 'Application' to
.the Florida State Road Department for the purpose of obtaining
permission to construct and maintain certain Utility lines, such
as Water or Sanitary Sewer Collection and/or Distribution lines,
within and sometimes across and under State .Road Rights-of-way.
Any such request shall be confined, without exception, to those
portions of rights-of-way controlled by, and under the jurisdic-
tion of, the State Road Department of the State of. Florida.
2. That the Mayor or the City Manager for the City
of Delray Beach, with the attestation of the City Clerk, be and
they are hereby authorized and directed to individually exe=ute
such 'Application and Indemnification Agreement' as the need for
this type of 'Permit' arises.. Signatures of the hereinabove
named officials shall be recognized, for the purpose outlined
herein, until further notice.
3. That this resolution shall take effect immediately
upon its passage.
PASSED AND ADOPTED this 17th day of June, 1968.
~D. ~9~r t~,,h. :in, q ................ City Clerk
128-E
RESOLUTION NO. 27-68,
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE EXECUTION OF AGREE-
MENT FOR ~IN~TALLATION OF A PIPE LINE
ACROS~ RIGHT-OF-WAY AND ~ER THE
MAIN TRACK OF TBE SEABOARD COAST LINE
RAILROAD COMPANY AT ITS INTERSECTION
WITH SOUTH~ SECOND STREET.
BE IT RESOLED', ~bY the City, Council of the City
of Delray Beach,-.Florida, Florida municipal corporation,
a s follows:
1. That the City of Delray~Beach, a municipal
corporation of the State of Florida, does hereby contract
and agree to enter into an agreement with Seaboard Coast
Line Railroad Company, 'wherein 'andlwhereby the said City
of Delray Beach is given., the ~right and privilege .to,install
and maintain, for the purpose of a sanitary sewer, main, a
line of 6-inch cast iron pipe encased, in a 13-inch steel
pipe conduit.
The sewer ~_~i, ne so .installed shall be placed at a
minimum depth of'8~.f~t below ~he base of the rail of said
main track, or-.not less than 36 inches beiow the bottom of
Licensor's roadbed ditches - or not less than 36 inches be-
low the ground surface - whichever depth may be the lower
measurements being to ~e top of said conduit; TOGETHER WITH'
the right and priv~.~!~to install and maintain a manhole in
said line of pipe; said-right-of-way being as in4icated on
said print.
2. It being further understood that 'the instal-
lation and maintenance of said sewer line sba11 be in ac-
cordance with.~ditions as set forth in the 'Agreement For
Municipal Pi~e>.~ine', dated May 21, 1968, as prepared by the
Licensor, and which is attached hereto and made a part hereof.
3. That this Resolution shall take effect immedi-
ately upon its passage.
PASSED AND ADOPTED this 17th day of June, 1968.
~/s/.J~ L saunders_..:.._ ..: . ~ MAYOR
ATTEST ~
/S/ R: ..D.. worthing ......................
city Clerk