05-03-65SpMtg MAY 3, 1965.
A special meeting of the City Council 9~ the City of Delray
Beach was held in the Council Chambers at 7:30 P.M., Monday, May
3rd, 1965, with Vice-Mayor Saunders in the Chair, Acting City
Manager R. D. Worthing, City Attorney John Ross Adams, and Council-
men J. LeRoy Croft, James H. Jurney and George Talbot, Jr., being
present.
Vice-Mayor Saunders called the meeting to order and announced
that same had been called for the 'purpose of further discussion
with Mr. Harold Radcliffe of Glace Engineering Corporation con-
cerning said Corporation's communication, dated April 23rd, 1965,
relating to the final report of said CorDoration as pertains to
its beach erosion studies and recommendations, and for any other
business that may come before the meeting.
Members of the Beach Erosion Committee present were: George
Talbot, Jr., Chairman, City Engineer Mark Fleming, and Messrs.
Herbert Moffitt, Charles S. Robertson, Jim Wilson and T. M. O'Neal.
An opening prayer was delivered by City Manager R. D. Worthing.
Vice-Mayor Saunders said' that since Mr. Talbot is Chairman of
the Beach Erosion Committee, he woul~ turn the meeting over to him
to conduct as he sees fit.
;'~'ilt~ ,611f~ .beir~y 'Bi.each, '.an~ t~at .there are four sections .~i~ ~..the'~each
' ."C.,ity"limitsl line. ana,[.,ex.~ehding s~uth, to the, 1 ?ou~erily e~d
s.ea. Wall On Mr. 'Wecke=~'s prop'e'~ty~ section 2 being the 1300 'feet
between Section 1 and the north end of the 9ublic beach; Section
3 bein. g the~public beach;, and Section .4 being th~..arga...fr.9.m..the...
~south e~d 0'f~ the. Public beach '9nd~ extending south to';£he' C.i,tY- limits.
sea"~a'lls 'in order %o save '{heir property from the ocean, the con-
ditio~ ~t~..e...r.e .suppqsedly...ha~n~g ..bee.n~qa~e.d by, t,he grg.%ns
'S~ction' i, beginning at the north C~ty 'limits to the southerly 'e'nd
of the wecker sea wall, .the City can,. may and will include, a_..SUpp.!.e-
meriting pr'6'g~am; which" Wi'ii- ~e '~ost b~neficial Go ~he 'sea w&'i~s :n0~
install, ed ~r to .any o.f the area up there .that doe~s ~ot h~ve sea.
wall$';i' t~he sa~me %~e"'~f reVe't~e'~t' t° be enginee~'~d ~r'_~ha'£'
assessment 'basis 'to 'cOVe~ the cost, but the City would handle it,
If it ~wa.s.. ~th~ir..des. ir_e.~nd.they, wiShed to have it done;." " : .
..the road.,, whidh s~' ,~ar :ha'st. been sUccessfUl~ 2h6we~e~. w~' ~ h~ri-
'a .Xe~al m~tte~ to be .settle~ 'c~flce~n'ing sec~i0~ 2, as'privat~'~Op-
only.Sand noUrishmenti .aha :~is 'co~,~ ~e accompiis~d.'by thb ~ity,
but with an assessment to the property owners.
Concerning Section 2, City Attorney Adams explained that any
part of the land that is east of the State Road R/lq, but still
above the mean high water mark, would still be private property.
Attorney Adams said there is a recorded road right-of-way from N.E.
8th Street down to the public beach, but there is no recorded right-
of-way through Section 16-46-43.
Mr. Talbot said this beach erosion program is still behind
the originally scheduled time table, and will have to be considered
for a year in the future, but it is necessary that the Council take
some action at this time in order to make an April 1, 1966 starting
date.
Mr. Talbot said that he would recommend~ 1. That the Council
accept the Glace Engineering report and approve the invoice for the
balance due~ 2. That the Council instruct Glace Engineering Corpo-
ration to proceed with the offshore survey, as indicated in the
report~ 3. That the Council, at this time, withhold any instructions
to the Glace Engineering Corporation to proceed with an engineering
design until certain matters are resolved~ 4. That the City Attorney
be instructed to proceed with investigation of the legal status of
the 1,300 feet in ~Section 2, as to private property owners having
riparian or littoral right$~ and 5. Concerning Section 2, Mr. Talbot
said that whoever pays for the 1,300 feet of beach rehabilitation,
he feels that the State Road Department should pay at least half the
cost, which cost would be, according to the Glace Engineering report,
approximately $130,000.
Mr. Talbot said that if the City could not get financial help,
the best thing for them to do concerning Section 3 would be to put
in a terminal wall at the northern end of the public beach, and
rehabilitate with a revetment, as indicated in the Engineers~ report,
to approximately 1,000 feet south, to rehabilitate the'critical area,
and then put in a southerly terminal'wall~ further, that this would
protect the public beach, but would be somewhat of an eyesore, and
it would then be up to the State to take care of the road from then
on. However, if everyone would cooperate, it could be worked out
satisfactorily.
Mr. Talbot said he would like tO recommend the following time
table concerning the four'items he had presented= Items I and 2
accepting the Glace Engineering Corporation report and approval of
invoice, should be acted on promptly. Item 3, withholding instruc-
tions to the Glace Engineering Corporation to proceed with engineer-
ing design, this matter should be clarified not later than November
first, with a definite deadline of December first, in order that the
engineering design can be completed and contracts be in order to
proceed with the program April l, 1966, Item 4, concerning legality
of ownership, would need to be clarified not later than November
first. Concerning Item S, seeking participation of the State Road
Department~in sharing some of the cost in Section 2, Mr. Talbot
commented as follows= "Presently, the State Road Board is making
up their budget, which will be completed as of July 1st. If we are
going to get in there, if we are going to sell them on the idea of
participating, regardless'of to what extent it might be, naturally
that will have to be concluded by July first."
Major R. Compton asked who would participate in the cost along
with the state Road Department concerning Section 2, and Mr. Talbot
said it would either be the private property owners or the City, or
both.
City Attorney Adams said that with the way that land has eroded,
it may be well for the Council to acquire quit claim deeds to any
properties east of that right-of-way, in order that any restored
land would definitely belong to the City. Mr. Talbot said that at
this time, as Chairman of the Beach Erosion Committee, he woul~ not
accept that suggestion.
Mr. Jurney asked what participation the County might take in
this program, and County Commissioner George Warren said the County
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Mx. Talbot then moved that the Council accept the Glees Engi-
neering report and approve the invoice, as rendered, in'the, sum of
$5,000.00, which is the balance due. The motion was seconded by Mr.
Jurney and carried unanimously.
Mr. Talbot moved that the City Manager be instructed to have
Glace Engineering Corporation.proceed with the offshore surveys,
as indicated in the report and.the engineering contract with the
City, the motion being seconded by Mx. Croft and unanimously carried.
Mx. Talbot moved that the City Manager be directed to instruct
the City Attorney to proceed with proper legal research to investi-
gate and report on the status of the land affected in Section 2. The
motion was seconded by Mr. Jurney and carried unanimously.
Mx. Talbot moved that the City Manager be instructed to set up
a conference with Mx. Clarence E. Davidson of the State Road Depart-
ment at the earliest possible date, to go over the matter of the
program the City is inaugurating, and to request financial help on
a portion thereof, the motion being seconded by Mr. Croft and unani-
mously carried.
Mx. Talbot said that he felt those motions were the necessary
steps to set said beach rehabilitation program in order, with the
exception of letting Glace Engineering Corporation know that the
City will withhold any instructions for design engineering until the
matters brought forth this evening can be resolved.
Mr.' Talbot suggested time schedules on the motions just passed,
as follows: Items I and 2, immediately; Item 3, not later than
November 1, 1965; No. 4, not later than November 1, 1965; No. 5,.
not later than July 1, 1965,
Vice-Mayor Saunders thanked Glace Engineering Corporation for
their fine report, and congratulated MX. TaLbot and the Beach Erosion
Committee for their very good work and study.
City Attorney Adams' informed the Council that City Engineer
Fleming had raised a question on which there should be an under-
standing at this time, that being the offshore work by Glace Engi-
neering Corporation, and asked as follows: "Is that for them to
continue out to their maximum depth of 18 feet or is that for anY-
thing additional?"
MX. Talbot said as he understands the engineering contract,
that is to cover an offshore survey to a depth of 18 feet; proper
borings or drillings are to be made, and the out-of-pocket expense
for said borings are at the expense of the City. Mr. Radcliffe said
that the out-of-pocket expense would be to the laboratory that comes
and does the actual borings, and that the survey will be at:the
expense of the Glace Engineering Corporation. Mx. Radcliffe informed
the Council that the borings spoken of here are to determine the
depth and quality of sand.
County Commissioner Warren assured the City that the County
Commission will pass supporting resolutions and make any personal
contact they can in assisting the City in this endeavor, and that he
believes the City is moving in the right direction to get results.
Vice-Mayor Saunders cautioned the press that the public should
not be alarmed with costs that had been mentioned for this beach
erosion work until a definite cost had been established.
City Manager Worthing reported to the Council, as follows:
"The State Highway D~partment recently determined the
necessity for lowering the WATER MAINS crossing West
Atlantic Avenue at Second, Fifth and Fifteenth Avenues,
beyond the original depth as contracted for by Inter-
County Construction Company, in order to be beneath the
~determined stabilization of said Atlantic Avenue, at those
crossings, such determination having been made by the State
Highway Inspector.
This needed · xtra l~wering of the MAINS at th~se 3 cross-
ings is in the nature of an emergency by reason of the
fact that the city was not given the decision of the
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"Inspector that such further lowering of Mains was
necessary until a point was reached where delay in
complying was threatening to impede stabilization
operations.
It has been determine~ that City forces, doing this
added work, would not provide any saving of monies due
to the necessity of maintaining traffic as well as the
need for scheduling this additional re-location of the
Mains to tie-in with the work of the prime contractors.
Request is therefore made for Council approval of this
Change Order providing for added cost on this project
of $2,250.00, being $750.00 per crossing, as quoted by
Intercounty Construction Company engineers to their
original contract."
Mr. Talbot moved that this change order be approved, the money
for such expense to be transferred from the Water & Sewer Contigency
Account No. 915 858 800to Transmissions and Distribution Account
No. 915 440 645, the motion being seconded by Mr. Jurney and unani-
mously carried.
Mr. Talbot suggested that at the next regular Council meeting,
a resolution, motion or whatever it takes be passed, to ~rovide that
no change'orders may be mad~ Without beingbrought before the Co~D~.i~
for their approval.
The meeting adjourned at 8=30 P.M., by order of Vice-Mayor
Saundera.
R.D. WORTHING
City Clerk
APPROVED =
/Sf J. L. Saunders
VICE-MAYOR
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