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05-06-63SpMtg 119 MAY 6, 1963. A special meeting was held in the Council Chambers at 9:00 A.M., Monday, May 6th, 1963, with Mayor Walter Dietz in the Chair, City Manager Robert J. Holland, City Attorney John Ross Adams, and Council- men A1 C. Avery, Emory J. Barrow, ~eorge Talbot, Jr., and Oliver W. Woodard, Jr., being present. An opening prayer was ~elivere~ by City Clerk Worthing. Mayor Dietz called the meeting to order stating that same had been called pursuant to Section 20 of the City Charter of the City of Delray Beach, for the purpose of opening bids for construction of the Ocean Outfall Sewer Works Project; for consideration of expansion of Permissive Use for Church Educational Facilities~ for consideration of final plans for Yacht Basin Club House and Docks, and for any other business that may come before the meeting. 1. The City Clerk repo=ted that the Planning Board, as directed by Counoil on April 22nd, held a Public Hearing on a petition for con- struction of additional educational facilities by St. Paul's Episcopal Church on their property in Block 62, and read the follow- ing Planning Board Report, dated May 3, 1963. "Re= A request for expansion of Permissive Use for an addi- tion tO the educational facilities of the Saint Paul's Episcopal Church of Delray Beach on the following described property has been received. Lots 5, 6, ?, and 8, Block 62, Delray Beach, Florida. A public hearing was held by the. Planning Board on May 3rd, 1965, pertaining to the preceeding request. The Planning Board ~ecommends that the petition be granted." It was reported that there had been a Public Hearing of this item scheduled for the Council at this time, but no one appeared'to be heard. Mr. Avery moved that the report of the Planning Board be approved and the Permissive Use be granted. The motion was seconded by Mr. woodard and carried unanimously. 2. City Clerk Worthing reported that on April 22nd, the Council provided for a Public Hearing to be held at this time on the Final Plans for the Club House and Dock-facilities in connection with the Permissive Use for a Marina to be constructed between the Intracoastal Waterway and MacFarlane Drive and westerly projections of Miramar Drive and Ingraham Avenue, further, that plans are available if any- one wishes to see them. Mayor Dietz asked if this was to be a private Club House, and Attorney John Moore said that it was basically a private club, however the facilities are also there for the yachts that will be docked there It was pointed Out that the Permissive Use for this operation had already been granted subject to the approval of these plans. Mr. James Bowen asked concerning the possibility of a motor repair in connection with this operation and Attorney Moore said that would re- quire an additional D~blic hearing for permissive use and such an operation was not contemplated nor desired. Mayor Dietz said, as he understands it, these boat docks as shown on the sketch will be ap- proved with their low gasoline pumps and that is all that can be con- structed. If any more construction is desired, they would have to obtain permission. Following discussion, Mr. Avery moved that said plans be approved. The motion was seconded by Mr. Woodard and carried unanimously. 5-6-63 120 . X. City clerk worthing reported that the low bid received for the construction of the Westside Community Center plus the Architect's fee, based thereon, exceed the amount of $63,000.00 originally pro- vided for .the project, which,' in view of the terms of the contract with the Architect, prohibits the payment of a portion of his fee, otherwise now due, and to provide'payment thereof'it is requested that $800.00 be transferred from the Beach Disaster & Improvement Fund to the Westside Community Center Project. Mayor Dietz mentioned the possibility of the City of Delray Beach doing the pav~ng that is shown on the plans and specifications of the Westside Community Center for about half the cost that the Contractor P. G..Herig had bid on same. Also that the City COuld save $1,000.00 on the contract by taking care of the plantings. City Pinance Director Weber explained that the money is available from interest and does not have to be transferred from another ac- count but that it does have to be appropriated. Following discussion, Mr. Avery moved that an additional $800.00 be appropriated from the Beach Disaster and Improvement Fund for the purpose of paying the architect. The motion was seconded by Mr. Barrow. City Clerk Worthing suggested that the Council may want to direct that said $800.00 be returned tO the fund at a later date. Mr. Avery and Mr. Barrow included same in their motion and secondand the motion carried unanimously. City Manager Holland informed the Council that he had the area surveyed concerning paving at theWestside Community Center and a memorandum concerning same from Dale Christison, a CityEngineer, was read, which shOWed that the Pavin~ if done by city forces would amount to $10,455.00 and if done by contract would amount to $16,107.50. Architect Hanna then read the following letter fromP. G. Herig, who was the 10W bidder on said contract, dated April 29th. "With reference to our bid on the Recreation Center for Delray Beach, kindly be advised as follows: El~mination of all paving as shown on Plans and Specifications. Deduct $5,371.97 It is understood that if this item is deleted from our contract, if awarded, surplus fill from this area may'be used at our dis- cretion.,, There was discussion concerning the $1,090.00 set up in the plans and specifications for plantings, an4 it was agreed that same would be eliminated from the contract and the city would take care of the plantings. Architect Hanna said that anytime any money is set up in an allow- ance on a construction contract, if it is n6t used, is returned in its entirety to the owner. .MayOr Dietz said that it would become Mr. HOiland's responsibility ae~City Manager to do the landscaping at the WeStside Community '-Center. Mr. G. P. Earp of 1001 S. W. 8th Street informed the Council that he was very much interested in this project and asked how far it would be from their residences in Delray Beach ~eights'Subdivision. The City Cl~rk stated that said Community Center b~ilding would be approximately 850 feet ~grthwest of Mr. Earp"s home. Mr. Eaxpasked if'it was.possible for the citY'to build a fence in this area between the white and colored property, and mentio~ed a white fence on the North side of Northwest 4th Street that ha~'been erected between the white and colored sections of town. Further, that there is a terrific amount of noise and disturbance from the' Carver High SChool When they have a football game or other function during th~'~eek which keeps residents in his area from getting to sleep until well after midnight. Mr. Earp was informed that the fence he referred to in the Northwest part of town was on private property and that the Westside Community Center would be run in' an orderly manner. -2- 5-6-63 ,121 3. City Clerk Worthing read the following telegram that had been received from Mr. Ralph H. Baker of the State Board of Health, dated May 3, 1963. "Revised outfall sewer approved this date under serial No. 6218-Rev. subject to original provisos," Mayor Dietz said that would bring up the .point that the, Council cannot award any contracts until they have finalized the contracts with the Consulting Engineers. Mayor Dietz then asked how that was progressing, to which City Attorney Adams answered that he thought it would take another meeting before same could be finalized. This special Council meeting was recessed at 9:40 A.M. until 10=00 A.M. The meeting resumed at 10=00 A.M., and City Clerk Worthing, with Frank Osteen and Gilbert Clifford of Russell & Axon Consulting Engineers, opened and read the base bids only, of the sixteen bids that had been received. Mayor Dietz said that he thought the Council should have a discus- sion with the Engineers after they have made their analysis of the bid~ prior to a meeting in which the bids would be awarded, and that the 14th of May had tentatively been set as the date for awarding of the bios. Mr. Frank Osteen informed the Council that, in the best inter- est of the City, two weeks should be allowed the Engineers for the tabulation and analysis of the bids in order for them to give the right kind of report on same. Following discussion, Mayor Dietz said that if it is agreeable with the Council, a special meetingwould be called when information is received from the Engineers concerning their schedule. Mr. Osteen informed the Council that they would be informed within a few days as to exactly when the Engineers will be ready to present their analysis to the Council, but that it will take no longer than two weeks. Mr. Avery moved that the City Manager be instructed to turn the bids over to the Engineers for tabulation0 analysis, and recommenda- tion. The motion was seconded by Mr. Woodard and carried unanimously. Mayor Dietz said that he would like to have a copy of all of the sewer bids for Mr. Daniel Neff to look over, and City Clerk Worthing said that could be arranged. Mayor Dietz commented on conditions in Supplement Two to the Engineers Contract that have not been satisfactorily completed, which concerns additional insurance coverage for Russell and Axon, also in- spectors on the job. Mayor Dietz stated that he would desire that the supplement read= "It is further agreed that the required number of resident inspectors will be judged mutually by the Engineers and the Owners, to adequately and competently perform." It was made known that at the meeting this was discussed, it had been decided that there would be mutual approval of the Chief In- spector. Mayor Dietz said.that the City of Delray Beach has responsibilities to its voters and taxpayers, and insisted that ~he number of inspec- tors be decided on mutually by the Engineers and the Owners. During discussion, Mr. Osteen said that his firm had offered to take care of the resident supervision for 2% of the construction con- tracts. During lengthy discussion and comments by Mr. Osteen, Mr. Neff and the Council, Mr. Osteen informed the Council that they would have a Resident Engineer and a Chief Inspector on the job at all times, and in addition to that they would'h~ve-a minimum of one inspector for the Outfall constrUction at all times, a minimum of one inspector for the Lift Stations at'all times, and a minimum of one inspector for every three crews laying pipe in contiguous areas at all times. -3- 5~6-63 122 Upon question by Mr. Avery of what would be written into ~ Contract, City Attor~ey,Ad~ms stated: "That wo~ld be written into the part on .the Resident ~Rpervision of Construction, includes but is not limited to -- we've got laying out of work analysis -- I copied the Florida Engineering Society regulations on what Resident Inspection includes, and-it~would also.include a minimum of the inspectors that were just mentioned. A m~nimum of one for the Outfall. one for the Lift Stations, one for every three pipe laying crews with- in a contiguous area, plus the Resident and Chief,Inspectors on the job, while~work is in progress." This .addition to the contract was agreeable to Mr. Osteen and the council. Mr. Neff asked who would be responsible for the surveys and levelin~ and whether the survey crew would be on the job at all times or only available to the job. Mr. Os~een said there are two distinct parts of the Engineering contract, .that which is called consulting service during construction, and covers what Mr. Neff questioned and that is not being billed for separately but comes from their central organi- zation as it is needed. That the resident inspection is different, thOse'people being in Delray Beach-all during construction. Concerning the $350,000.00 additional errors and ommissions in- surance coverage that the Council desires be carried on Russell & Axon for the Delray Beach sewer construction project, there was lengthy discussion about the amount of premium for said additional coverage and letters concerning same. It was stated that the premium quoted for said coverage is on all of their jobs, and it is only de- sired for the Delray Beach job. Mr. Osteen said that they were agree- able to extending their insurance coverage for the Delray.Beach job only, at a lesser fee than had been quoted, but. they w~re~ot .inter- ested in increasing their insurance, on all their jobs ,and having to pay additional insurance premiums. The Council recessed in order for Mr. Osteen~to.~.~the President of RUssell & Axon in an effort to ascertain~',~f~th~.~£onal insur- ance coverage that Delray Beach desires co,uld be hair the Delray Beach job only, and at a figure less than the $3,400.00 that had been quoted. Following saidphone call, Mayor Dietz reported that the President of Russell & Axon believes that there will .be a reduction in the in~ surance premium quoted, that he is agreeable in principle, and is happy with the inspection set up, X, Mayor Dietz .informed the Council that he had asked 'for an .appoint- ment with ~Mr. Clarence E. Davidson ~ ,the State Road Department con- oerning the p~oposed widening of West Atlanti~ Avenue and that City Manager Holland and City ~erk Worthing are going to Fort Lauderdale with him this, afternoon~to fill said appointment. Mayor Dietz com- mented on the d~scussion of,~e 106 foot right-of-way as was discusse~ at a Chamber of Commerce meeting~ ,and on a letter received by City Manager Holland from Mr. Da~idson,~urthe=, that he .finds nothing in the city records where a Council has voted for a 106 foo~ right-o~- ~way. Following discussion, Mr. ~oodard mo~Dd that ~,the ~recommendation of 106 feet for the four-inning of Atlant~,~Avenue as pr~ent~d to Council be accepted in 9rincipleby the ~ounci~ a~d .that ~ouncil, in princip.le attempt to coopera~e-and ~ccomplish this fo~r-lani~ program. The mokion was seconded byMr. Avery. Mayor ~ietz asked to go on re- cord as follows: "That the voters of the City of Delray Beach are entitled to have official word from their government, the Council, as to what the policy of the State is, The~ should not move and ~ct on something that has not come officially to them,, and I consequently will no~ vote on this issue in the i~terest, of ,the taxpay~_~s of the City-of Delray Beach and the voters who put me in offic~? ~ want them to ~ow tha~ I have explored ,every avenue. I'm not a~ ? 106 foot highway per-se but if we can get everything on the 8O~.~oot .highway -4- 5-6-63 123 that we can on I06 feet and it meets with the State requirements, then we don't have to move two miles of water mains. We don't have to disrupt anything. We don't bottleneck a wide road in front of a fire station and put'a big concrete island to hinder the. fire depart- ment in coming out,'and we don't bottleneck it on a public school, so I did ask for an appointment with Mr. Clarence E. Davidson of the State Road Department, because there i~ nothing official in the re- cords of Delray about the widening other than. it has been talked about as being widened. I think any action by this Council is pre- mature u~til we get a report direct from the State Department." Mr. Avery commented: "I would like to have it go in the record that I believe in protecting the taxpayers at all times. That the taxpayer has the right to expect this Council to Look further than the end of its nose and in a project of this nature to do every- thing in our power to see that the future, or the next twenty five years at least, is looked to, and that they have a right to expect us to get for them the most that we can." Mayor Dietz said he thought that was the reason he was going to Fort Lauderdale today, to get the most for the taxpayer of Delray Beach. Upon call of roll0 Mr. Avery, Mr. Barrow. Mr. Talbot and Mr. Woodard voted in favor of the motion and Mayor Dietz abstained from voting. Mr. Talbot then asked to qualify his vote as follows= "I'm voting yes, however, I think the information that comes back should be con- sidered by this Council." The meeting adjourned at 12:00 noon by order of Mayor Dietz. R. D. WORTHING City Clerk APPROVED: MAYOR -5- 5-6-63