07-13-66SpMtg A special meeting of the City ~ouncil of the City of Delray Beach
was held in the Council Chambers at 9:00 A.M., Wednesday, July 13th,
1966, with Mayor Al. C. Avery in the Chair, City Manager David M.
Gatchel, City Attorney John Ross Adams, and Councilmen J. LeRoy Croft,
James H. Jurney, and George Talbot, Jr. being present.
An opening prayer was delivere~ by City Clerk R. D. Worthing, and
the Pledge of Allegiance to the Flag of the United States of America
was given.
Mayor Avery called the meeting to order and announced that same ha~
been called for the purpose of considering extension of City Sewer
Service to-Pine Grove Elementary School and for any other business
that may come before the meeting.
City Manager Gatchel explained to' Council as follows= "Last Febru-
ary the Council. considered the possibility of extending our sewer ex-
pansion program to a portion of Area 21 in order to provide sewer ser-
vice to the new Pine Grove Elementary School now under construction on
S. w. 10th Street. The Council, after consideration, beginning in
July of 1965, made a final offer to the School Board to provide this
service down there at, an estimated cost of $59,400., of which they
expected and asked for participation on the part of the School Board
in the amount of $25,000.-of the ~59,400. total construction cost as
estimated by our Consulting Engineers. The School Board considered
the offer of the City and in March answered the offer to the negative.
They declined to participate in the installation of this gravity main,
the portion of the pgrmanent, sewer system as planned fo~ Area 21.
They said that they were going to put in their own sewer plant.
About two weekS ago, the School Board opened bids for the installa-
tion of such private sewer plant that they proposed to use for this
school, and the bid which they accepted was in the amount of
which was considerabiy more. than ~he offer which the' City had made to
them. When this became known to the public, Mr. Dan Neff of Russell
& Axon contacted the School Board through the School Plant Planning
Department Supervisor, Mr. A. P. Marquess, and asked if there was any
desire on their part to reconsider participation with the city. Mr.
MarqUess then aske'd his Engineer, Mr. Gene Phillips, to come down to
Delray Beach and talk with us, which conference took place in my of-
lice last Wednesday. At that time we considered three possibilities
which the School Board had to provide sewer service to this school by
the end of August for the opening of the 1966-67 school year..· Mr.
Phillips then went back to West Palm Beach and talked with Mr.
Marquess. Mr. Marquess then talked with Mr. Don Thorp, a member of
the School Board from the south County Area, Delray Beach, and as a
result of those conferences we met again yesterday afternoon with the
school people, ~r. Thorp, Mr. Marquess and Mr. Phillips. Mr. Neff of
the Consulting Engineers, Mr. Fleming our City Engineer, Mr. Worthing
our City Clerk, and myself were in this meeting, and the end result
of the conference yesterday afternoon was that we agreed to meet with
Council this morning, because all haste is needed from the time stand-
point if this proposal is to be offered by the City or accepted by the
School Board. The proposal is this: In order to provide service to
the School we have to' get under way right now to be completed by
August 29th, the opening date of school. It is possible for the City
to extend, or to provide, or to cooperate with the school on any
basis that we might decide on, a force main, to extend from the school
four blocks northward to a man hole of the City's presently installed
gravity system. This would be a very shallow trench, perhaps 0'hlyone
foot deep. The SchOol Boar~ has available two pumps, they would have
to be reconditioned and reworked, to install in a wet Well at the
school site to pick up this sewage and pump it four blocks to the
force main. This would get the school open by'August 29th. If this
is not possible, it is doubtful that the school could even have sew-
age service by August 29th, because of the shortness Of time and the
unavailibility of their plant that they had planned to install at a
cost of approximately $33,000.
If the force 'main is agreed upon and installed, it will then buy
the SChool Board the .time necessary for the designed plans and speci-
fications, bids and Construction of the gravity system as originally
prop. osed last February by this City Council to the School Board, which
offer was turned down."
City Engineer Fleming explained to Council that the City has old
cast iron pipe on hand that could be used for the four blocks of tem-
porary force main and .then be soid for salvage after that uae is over.
Further, that the city crews could lay said temporary force main in
approximately three weeks time for a cost of approximately $1,000. for
labor and $200. for materials.
It was pointed out that when the school ~s. hooked up to the force
main there will be a $75.00 monthly charge for sewer service.
The City Manager said that the permit from the State Board of
Health to install the tempo.rary force main wo~ld be o~ a local basis,
and th~ e~ire basis for their granting such a permit is that it
would ~rO~de t~me necessary for Russell & AXon' to prepare the design
plans and specifications and get the permanent system installedl fur-
that, that the State Board of Health, on a _per~anent basis, would not
approve such a temporary force main.
Mr. Talbot said that .he is in favor .~ the S~'l Board paying the
$1,200. cost for installation of the temporary fo~e main.
City Ma;hager Gat~hel reported= "The understan4~ng we came to
yesterday, and I believe Mr. Worthing a~d Mr. Neff might back me up
on this~ ~, that if such s temporary installation is put in, that
the C;it9' ~ld put in"the f~°~Ce main anti the School Board would be
responwibl~ ~0r ~h~. installation of the pUmps and'Wet WellS, and they
would carry ~hat. financial cost. The School ~oar~ has these pumps.
These pumps are in~rable; and they would h~ve to' have them reworked
in order to even'ca~.=~ this on a temporary basis. ~he School .Board
is hampered by Stat~'.~ws in contracting for Work on a negotiated
basis. If they ~Weke to' .~ this in, ~ey w~uld have to do it w~'th
their ~n maintenanca c~s, anti they. :~.~ n't~know if their own crews
are capable of doing this WOrk. In the' even~ they are not capable of
installi~g the pumps, wet wells and everything, they asked if the City
could .~se this work to be performed and they would enter into an
agreement with ~ where they could pay us for .that .job or portion of
the work. I" fe~ ~hat is entirely, possible. They are authorized un-
der law to work with the City on suc~ work, but not to negotiate a
contract directly with a private contractor." '
~he City-Manager explained that the estimated $1,000. ~or labor
would both install and remove the temporary force ma~n.
Mr. Talbot moved that the city install th.is tempO.rary sl~tem, at
whatever the cost mig.h~ be, on the basis of complete reimbursement by
the County. The motion was Seconded by Mr. Jurney.
The City AttOrney said that he feels the County' would want assur-
ance of a maximUm figure, and Mr. Talbot and Mr. Jurney ware agreeable
that the maximum figure regarding their~motion would be $1,500.
City B~gineer Fleming pointed 'out that the $75.00 monthty sewer
service charge is a' charge fox pumping and handling the sewage, and
the cost of the force main w6~1~ be an additional cost.
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157
Mr. Talbot said that he would add to his motion that the mainte~
nance of this temporary ~ine is.at the cost of the County. also. Mr~
jurney seconded that addition to the motion.
During discusSion Mr. Neff.commented as follows= "i think it is
pertinent tO Mr. Talbot's motion that'the'overall program be consider,
ed before.voting, because his motion, ! think,.would be contingent
upon the School Board going along with the contribution of $25,000. to
the'City'of Delray Beach for the Permanent system, otherwise we would
have nointerest in this whatsoever."
'Mr. Neff eXplained that the permanent syste~ consists of a gravity
line running east down 10th Street, a lift. Station in thevicin£ty
1Qth Street and the F.B.C. Railway tracks pumping into the~ravity
SYstem, and the gravity line all th~ way down..Swint0R.Av~nue tO 4th
Street~ further, to build the primarY lines in that areahas distinct
advantages to the City, because, if they are built With't~e $25,000.
contribution, there will be sufficient revenue developed along Swinton
Avenue to reimburse the City.
Mr. Neff explained that, if the School Board builds a sanitary
sewer treatment plant for the new Pine Grove School, they propose to
put the effluent in a sand. filter bed which is right on top and sur-
rounde~by three water wells the City proposes to install in connection
with the City water system.
Mr. Tal~0~ and'Mr. Jurnmy. withdrew their motion and' second.
city..Manager Gatchel informed Council thathe is in agreement with
the recommp~dation, of Mr.'Nef~ that the, City has no interest in this
temporarY .system whatsoever unless it is t° provide suf~i~ient"{~me
for installation of. the permanent grayity system for which the School
Board Would pay ~25,000. '
City A~t~rney Adams suggested, that since the City Manager would be
negotiating the contract, that he state his understanding of what he
will propose to the. County School Board, and, if the Council is in
agree~Dt~', it' will a~th°rize the City Manager. to Proceed. with' hegot~-
ationSalong, tho~e lines, ' . ' ~
City.Manager Gatchel commented: "First, that the City reh0ffer~
that which they offered b'~ck in February, to inStai1 'this gravity
system to .serve the school for'a.3total Participation of ~he School'
Board of $25,000'. That we offer this, plus temporary service until
such grav,ity system can be installed and made operative. We offer
that to them'at whatever, basis Council wants it. We have the esti-
mate that it wOu~d cost approximately $1,200. If Council ~ishes..to
make the entire $1,200o.an expense of th.e School Board, this is. fine,
but the $1,200. estimate is at Council discretion."
Mayor-Avery eXplained that the motion would be to &uthorSze the
City Manager t~ proceed With the negotiations with the School Board
based on full ~eimbursement of the temporary facility in the amount
of $1,5'00. plus $25,000. 'for the permanent'facilities, and $75.00 per
month servig'~.'~charges tO.begin when either.one of these systems..iS
used bY' the"S6hool. It was so moved by Mr..Jurney. and seconded ~y
Mr. Croft.
City Clerk worthing commented as follows: "It would be appreciated
for the rec~rds if'the motion would be clarified, possibly, by the City
Attorney, .on the nucleus as furnished by the CityManager, which'was
most =omp~lete-~ and I am Sure the desire of Council ~ - - a reinstate-
ment o~ the Offermade last. February with additional explanation, as
Mr. Gatchel jds~ so thoroughly covered.'"
-3- Sp. 7-13-66
City Attorney Adams= "Is it your i~ea that we restate the whole
motion, Mr. Worthing?"
City Clerk Worthing: "The offer made last Thursday lot"permanent
connection on their $25,000. participation-, plus cost of installing
this~temporary main, at a cost not to exceed the $1,i~00., if that is
the figure determined upon."
City Attorney Adams: "I believe Mr. Fleming~s point was that he
wanted to tie it down rather than have to make an accounting to the
School Board at just a flat $1,500. figure. Also, this is just a
force main from their property line to the man hole and is not their
pumping station or anything else."
Mr. Jurney pointed out that this is akl contingent upon the County
School Board contributing $25,0~0. on the permanent system.
Upon call of r011, Mr. Croft, Mr. Jurney, an~ Mayor Avery voted ~n
favor of the motion, and Mr. Talbot abstained from voting.
City Manager Gatchel informed Council of receiving two bills rela-
tive to the Be~ch Erosion Project. One bill from Glace Engineering,
Inc. for a reimbursement of inspection services rendered fromM ay 4th
thru June 30th, in accord with the a~reement made between Glace
Engineering Corp. and the City Council, in-theamount of $2,127.95.
The second bill being the first estimate prepared by the contractor
and approved by the Engineering Corporation ~the work completed on
this project from its beginning through June 25th, the total amount
of the bill being $115,302.56~
The City Manager reported that~both of these' bil~s have been ap-
proved by the Engineering Corporation and that the bill of 'DickersOn,
Inc. has been signed and certified by them~ further, that said b~lls
have not been approved by the City Engineer and the Fin&nce Director,
but, due to the fact that the contract calls for monthly payments,
asked that Council consider and approve these bills, subject to the
approval of theFinance Director and the City Engineer. It wes so
moved by Mr. Jurney and seconded byMr. Croft.
Mr. Talbot said that he feels the Consulting Engineer and the con-
tractors have.not lived up to their obligation~ in this Work and that
he is not in favor of paying out any more money on said Beach Erosion
Project unti~"the City knows Where they are going~
Mr. Jurney said that there had'been a very enlighteni~gmeeting
yesterday with the contractors and engineers, at which t-~me the Coun-
oil asked Mr. DiCkerson how £ar he could'goby November first. The
Council e~Peots ~hat answer at'the next meeting with the co~tractors
and engineers.
Mayor AVery explained that the beach profile has changed consider-
ably since the contract was let on th~sbeach e~osion project.
Upon Call of roll, Mr. C~Oft, Mr~Jurney, a~d Mayor.Avery voted-in
favor of the motion, and Mr. Talbot was opposed.
City Manager Gatchel informed Council that the $50,000. cont=~bution
from the State toward this Beach Erosion Program had been~received.
Mayor Avery announced that ~heCounoil would leave'this meeting and
attend a ground breaking ceremony for the Adult Recreation Complex in
the City Park.
The meeting adjourned at 10=07 A.M.
R. D. ' WORTHING
C~ty clerk
APPROVED:
M · Y O ~ -4- Sp. 7-13-66