09-28-63SpMtg SEPTEMBER 28, 1963
A special meeting was held in the Council Chambers at 8=30 A.M.,
Saturday, September 28th, 1963, with Mayor'Walter~Dietz ~ '~he Chair,
City Man~ger RObert J. Holland, City Attorney John Ross ~d~ms, and
Councilme~ A1 6. Avery, Emory J. Barrow, ~eorge ~Talbot, J~.'~ and
Oliver W. Wood&rd, Jr., being present.
Mr. Frank E. Wenger, Executive Vice-President, Mr. Frank T.
Osteen, Jr~,Mr. Jack H. Steinhilper and Mr..George switzer of Russell
& Axonw~re also present.
An opening prayer was delivered by City Clerk Worthing,
Mayor Dietz called the meeting to order and announced that same
had been called for the purpose of discussion with the Consulting
Engineers relative to the Sewage Works Project, and for a~y other
business which may come before the meeting.
Mayor Dietz then turned the gavel over to Mr. Talbot to conduct
the first part of the meeting.
Mr. Talbot said that following the tour of inspection made by
Councilmen and representatives of Russell &Axon he would like to
take up certain .items ,that should be handled while Mr Wenger,' Execu-
tive Vice-President of Russell & Axo~ is in town, that the problem
involved is providing work for the contractors when they cease work
in certain areas as of November first, further, that he had been in-
formed there would be no problem with Powell Brothers, Inc. and Cleary
Brothers Construction Company, but that there may be a slight reason-
able charge for moving their machinery out and then going back to the
same locations in the spring.
Mr. Steinhilper said that there was no problem in keeping
Barbarossa &Sons, Inc. working, also that Powell Brothers, Inc.
would present no problem.
Mr. Talbot stated that the representative fro~ Cleary Brothers
had told him o~ Friday that there would be no problem, but they would
expect some compensation or remuneration for moving 'the equipment
out, and asked Mr. Steinhilper if he had any additional information,
to which Mr. Steinhilper said that Cleary Brothers had no objection
to the proposed ceasing of work but that there would be a slight tab,
that they had not had time to work out a definite amount as yet but
that it wo~ld mean moving the equipment off of the job and moving it
back again.
Mr. Frank Osteen reminded the Council that this particular pro-
blem had been anticipated and there was very carefully inserted in
the general conditions of the Plans and Specifications a particular
statement concerning same, and read ~eneral Conditions, Page 9,
CONTRACTORS UNDERSTANDIN~ as follows~
"The work shall be so scheduled as to minimize interference
with traffic during the tourist season. It shall be the
Contractor's responsibility to maintain traffic on all
arterial thoroughfares. The Contractor shall submit a work
schedule to the Engineer for approval. The Engineer reserves
the right to reschedUle the work where interference is
dicated~ prOv~,ded~ howeyer~ the City Council reserves the
ultimate right to .orde~ a changed or altered work echedul~
on its determination that the woFk.is interf~r~n~ with th~,
tourist season."
Mr. Osteen continued as follows: "When you are talking about
schedules, of course, there are two ways of looking at work schedules.
9/28/63
"Work schedule may mean the closing down altogether on the beach and
starting back to work when the tourist season is over,.that is one
type of w~rk schedule. The other schedule is to move him off of
certain streets. I assume that from what you are saying that you
would prefer to see all work Stopped on the beach as of November
first. Then you get down to how much is this going to cost2 Again,
that is a legal question, don't you think, Mr. Wenger?"
Mr. Wenger= "Of course, it may not be any question at all if
the man is completely reasonable. I 'think that you are certainly
willing to entertain any reasonable claims that he may make, but I
do believe that under the terms of this contract that you will have
to bow your back and say that this is the schedule that we insist
upon you following, that you stop on November first and start on May
first. I think this is well within your rights, but again you have
an attorney who would give you a legal opinion, but it would seem to
us that this would be the way we would think about it, but there is
always reasonableness in approaching anything."
Mr. Osteen said that he thought it would pay the City to be fair
to the Contractors in the long run, as Cleary Brothers is a large
local contractor and Delray Beach will have work in the future,
further,.that there is another point that had been mentioned, that
being that when work is stopped for the season, the area be
cleaned up with a presentable appearance, and passable.
Following discussion, Mr. Talbot sa~d that it would seem in
order for the Chair to entertain a motion to request RusSell &Axon
to confer with Cleary Brothers as to stoppingwork on October 15th
and being out of the beach area by November first and what arrange-
ments could be made, it being somoved by Mr. Avery and'Seconded by
Mr. Woodard. Mayor Dietz commented as follows= "To the motion, that
should be modified, in my opinion, that we give them the authority
to talk with ~leary Brothers for the purpose of seeing what the
charges would be if Cleary Brothers is ordered to stop as of November
first. We should not give a blanket authority, I think Counsel will
agree with me there, because we want to know. That might be $200°000.
If you give a blanket authority now, that would be it. I think they
shoUld be implored to direct, and come back and tell us this morning
what these charges would be., because they are meeting with the Engi-
neers this morning."
Mr. Osteen said that he expected it to take some calculation on
the part of Cleary Brothers and doubted if they would have an answer
this morning.
Mr. Osteen informed the Council that they do not want any
authority, that all they want is a direction from the Council, with-
out anything about money mentioned, to advise this contractor that
the Council is determined that as of November first he will be' off
of the beach. That the Contractor will be advised of that and then
it is fully within the rights of the contractor to ask for' some re-
muneration.
Mayor Dietz said that he did not want the Council to make an
irrevocable 'statement that the Contractors leave the beach area on
November first, that the Council shoUld say they want the work in the
beach area to cease as of November first.
Mr. Talbot said that he felt the motion covered that, and Mayor
Dietz said ~hat the record should be clear that that is What the
motion does cover.
Mr. Woodard asked about including in the motion concerning Cleary
Brothers'. w6~k,that it be subject to Council approval, and Mr. Avery
accepted that addition to the motion. Upon call of roll, the motion
carried unanimously.
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~[03
Following discussion,.Mr. Woodard moved that Russell & Axon in-
form the Harry Pepper Company that they schedule their work so that
construu~ion not continue Bast of the Intracoastal~Waterway, after
October 15th and to be cleaned up by November first, and that work
not be resumed until about the middle of April or until after Easter
Sunday. The motion was seconded by Mayor Dietz and carried unani-
mously.
Mr. Woodard moved that Powell Brothers'work schedule be arranged
so that no construction be pursued after October 15th and cleaned
up by November first, Bast of-the Intracoastal Waterway. The motion
was seconded by Mr. Avery and carried unanimously.
Mr. Avery moved that Barbarossa & Sons, Inc. work schedule be
arranged so that there will be no construction after October 15th
and to be cleaned up by November first, Bast of the Intracoastal
waterway, the motion being seconded by Mr. Barrow and unanimously
carried.
Following discussion concerning work West of the Intracoastal
Waterwa~Mr. Avery moved that the Engineers be instructed to confer
with Barbarossa & Sons, Inc. and the Harry Pepper Company, concerning
changing their work schedule where it will not interfere with any
tourism, the motion being seconded by Mayo= Dietz and unanimously
carried.
Mr. Talbot referred to the tour of inspection of the sewer pro-
ject, and said that it is his understanding that Lift Station No. 17
on MacFarlane Drive will be filled in so that people will have egress
and ingress to their property, further, that Lift Station No. 18 on
Andrews Avenue would be made passable by November first and that any
dirt left after same had been back-filled would be hauled away.
Mr. Talbot then turned the Chair over k0 Mayor Dietz who con-
ducted the rest of the meeting. ~.:~,
Mayor Dietz read the following letter to. the Council from Russell
& Axon, dated September 23rd:
"Subject: Removal of Concrete Manholes
Sewage Works' Project No. 5964-8a
Delray Beach, Florida
Attention: Mr. Robert Holland, City Manager
The attached letter from Barbarossa & Sons, Inc., is forwarded
.for Your, information.
Barbarossa & SOns, Inc., is requesting that the removal of Con-
crete Manholes be started on or about 1 October 1963 on sani-..
tary Sewer lateral 4 F. They intend to proceed in removing
concrete manholesas brick becomes more available. I feel
that the main point in the attached letter is that brick is
being received in sufficient quantities to keep up with their
present progress. In the event 'that they had to divert brick
to replacement manholes, construction in and near the downtown
area as.well as areas of construction on U.S. Route No. 1 would
be effected.
The supply of sewer manhole brick is in short supply at this
time and it is unlikely that the supply shortage will be
alleviated prior to November 1963.
The request made by Barbarossa & Sons, Inc., appears reasonable~
recommend approval of the request contained in the attached
letter.
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'tin the event that the request is disapproved and that con-
struction is to be retarded, request that the Engineers be
instructed in order that directions may be given to the Con-
tractor.."
Mayor Dietz then read the following letter from Barbarossa &
Sons, Inc., to Russell & Axon, dated. September 19th, as follows:
"Attention - Mr. jack H. Steinh~lp~
Re= REPLACEMENT OF CONCRETE MANHOLES
SEWER WORKS PROJECT NO, 5964-8a
DELRAY BEACHr FLORIDA
Regarding the schedule for replacement of the concrete man- :
holes, please be advised that we are trying to locate a brick
supplier. As you k~ow, brick is in very short supply at this
time, and delivery has been delayed on some orders as long as
two months. We are making every effort to getbetter delivery
on additional brick for this project.
Everything possible is being done to complete and restore the
portions of the sewer project which would in any way interfere
with the tourist trade before 'the Winter season. As most of
the manholes to be replaced are in alleys and off of the more-
travelled streets, we feel that we would be penalizing both
ourselves and the City of Delray Beach by using the necessary
material and equipment on the manhole replacement, when it
would mean the suspension of work along the areas adjacent to
the downtown and U. S. Highway No. 1 areas.
We believe that we will be able to start at the manhole located
at the west end of N. E. 14th Street between northeast 2nd and
3rd Avenues, the first day of October and then progress down
this line which ~s~Lateral 4F as rapidly as brick and equipment
is obtainable."
Mr. Avery commented as follows= "Mr. Mayor, since these thirty
manholes are involved in a big section of our tow~ and these people
have been subjected to a lot of tear-up in the recent months~ and
since the Job can wait w~thout harm to the job, I think that these
people .in this area are entitled to the same consideration that we
give people on the beach sideand other areas of the town, and I
move that this work be postponed until April 15th."
~%~ Avery~s motion died for the lack of a second, and Mayor
Dietz~-said that he would like for the Council to follow the recom-
mendation of their paid Engineers, Russell & Axon, it being So moved
by-Mr. Woodard. The motion was seconded by Mr. Barrow. Mr, Avery
then commented asfotlows= "Mr. Mayor,. to. the.motion. I submit to
you, sir, that it is grossly unfair to the people in. the area involved
and if I were a taxpayer up there I would register the biggest beef
in the area. Gentlemen, I submit to you three gent'lemen,'that you
should have some consideration for'these people inthere, since this
work,'without harm to the entire job, can hold off a~d it is not fair
that they go back in there and tear these people up~- Now, we have
gone with the things on the beach, Mr. Talbot in your area, and
round and I submit to you, sir, that you should have the consideration
for these individual citizens to wait until April 15th because it
doesn't affect the overall job anyhow."
Mayor Dietz Called attention to the letter from Barbarossa &
Sons where they mentioned that most of the manholes to be replaced
were in the alleys and off Of the most traveled streets.
Following other comments, and upon call of roll, Mr. Barrow,
Mayor Dietz and Mr. Woodard voted in favor of the motion, Mr. Talbot
-4- 9/20/63
abstained from votingand Mr. Avery was opposed. Mr~ Talbot ex-
plained that he had abstained from voting on this item as he would
like to investigate the situation in viewof Mr. Avery SaiLing that
the taxpayers would be hurt by the manholes being replaced as re-
commended by Russell &Axon, but in view of Barbarossas' letter he
didn't see how the property owners could be hurt.
Mayor Dietz referred to proposed Change Order No. I from Powell
Brothers, Inc., concerning the length of the Ocean Outfall, and
stated that the Change Order as presented would have to be rewritten
in view of the fact that the only responsibility of the City of
Delray Beach, according to a telegram from Russell & Axon, is to
pass on the economics of the situation, the Contractors having
exercised their rights under some certain paragraph, and made a
determination for the end of the outfall. That consequently, the
City Attorney would rewrite the Change Order so that it would apply
to only that which the City .of Delray Beach must make a decision on,
namely, the $100.00 per foot credit on the 127 feet, further, that
leaves the question that the City of Delray Beach ~ould not officially
O.K. Russell &Axon under the contract as that action speaks for it-
self.
Mayor Dietz then read the following letter from the State Board
of Health, signed by Mr. Ralph H. Baker, Jr., dated September 23rd:
"This is with reference to your letter of September 12, 1963 to
Mr. Lee,'which has been referred:to me for answering.
I have reviewed the revised plans and specifications covering
the Delray Beach outfall sewer approved by this agency under our
Serial No. 6218 Rev. dated May 3, 1963 with Mr. Lee, ss well as
Mr. Lee's letter of September 9, 1963 and Mr. Russell's letters
of September 3and September 13 regarding this facility.
Please refer to Sheet %6 of 8 of the,above mentioned approved
plans. It will be noted that the outfall portion as originally
approved terminates at Station 76 + 75 and the outlet structure
as detailed on Sheet 8 of 8 will extend 31 ft. to Sta=ion 77
+ 06. The end of the outfall portion, according to Mr. Russell's
letter of September 13, will now terminate at Station ?5 + 48 and
the outlet structure will still extend 31 additional feet, to
terminate at Station 75 + 79. This would shorten the outfall
as approved by 127 ft.
In view of the fact that this facility will terminate approxi-
mately one mile offshore an~ in approximately 100 ft. of water,
this agency feels that all public health considerations have
been satisfied; therefore, we will hame no objection to the
terminating of the outfall portion of this project as indiqated
above .... .,~
We trust this is the information you request. ,If we can be of
any further assistance, please feel free to contact us."
Mayor Dietz said that David B. Lee had written a note on the
bottom of Mr. Baker's letter as follows: "We hope that this is
satisfactory to you. I have personally looked over the drawing and
data and we are comfortable with this installation."
Mayor Dietz said that since the State Board of Health is Satis-
fied with the length of the outfall line, there remains only to work
out the credit for 127 feet at $100.00 per foot and that he would
like to have a motion that the City Attorney be authorized to write
a change order to replace the one submitted which will deal only with
the economics of .the situation.
-5- 9/28/63
Mr. Woodard said'that with the thought in mind that the Council
has no alternative but to accept what has been presente~ to them,
whether the CounCil approves or disapproves of it, that the Council
apparently only has the .option of approving the economics, so moved.
The motion was seconded by Mr. Barrow and carried unanimously.
Mr. Avery requested that the secretary of this meeting quote
his statements verbatim.
Mr. steinhilper requested-that the Engineers be instructed as
to the action the CounCil wants concerning street repairs.
Following general discussion about street repair and replace-
ment in'areas disturbed by sewer installation and reconditioning or
repaying of the entire width of some of said streets, Mr. Barrow
commented as follows: -"If we are going to meet again with these
gentlemen later on today, ff it would be possible for the City
Manager and City Engineer to make a list of the most important streets
that would come under this classification andbring it back to us,
and in turn, then have the Engineers get us a price on it, and also
state the condition of the streets so that the Engineers can decide
whether they felt that they would O.K. that as far as the sewer work
or not. I hate to see passing up a chance to get at least the main
arteries fixed up at this time and particularly by being able to use
some of the bond money."
Mayor Dietz stated: "The Counselor will check in piease, and
see that the maintenance bond still holds in its entirety and is
not negated by a new contract of laying topping on top of the ditches
that they dug. ! can clearly see that there might be an out on the
maintenance bond."
Mr. Woodard said: "Emory, do you want to make a motion to that
effect?"
Mr. Barrow: "Yes, I would like to so move." The motion was
seconded by Mr. Woodard.
Mayor Dietz asked what the motion was and Mr. Woodard explained
as follows: "As I understand it, you are moving that the Engineers
report back to us an estimated cost for repaying the major arteries
that are being torn up as a result of the Sewer Project or that will
be torn up during the course of construction, and that the City
Attorney will report back to us as to his legal opinion whether or
not the contract holds in force in these areas where they are repaved
curb to curb, regarding maintenance of the streets."
Mr. Barrow added: "Also that I would like for the City Manager
and the City Engineer to give us a liszt of the streets that they
think that might be effected in this mahner, today if 'they could, so
that we could turn it over to the Engineers to get us a price on it."
During further general discussion on the price of repaying and
what portion of repaying was the contractors responsibility, City
Attorney Adams asked if there woUld be specifications for said re-
paving, to which Mayor Dietz said that there should be as to the
quality and the thickness of the material.
Mayor Dietz suggested to Mr. Barrow that it might be cheaper in
the long-run for the City of Delray Beach to let the contractor
function under his contract and let him fix the road, and the City
of Delray Beach felix the road, as he felt the City would save a lot
of money.
City Engineer Fleming explained as follows: "In the past, the
City in sewer programs, has taken over and pavedthe entire portion
of the street, however, in those cases we didn't simply put the top
one inch of asphalt on, we reworked the rock so that it all had an
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even amount of compaction before we put the asphalt over the entire
width of the street. What we are proposing now is this strip down
the middle of the street which will be taken out for the sewer then
replaced and compacted. That strip now, would be not only paved by
the contractor with the one inch of asphalt and he is responsible for
the maintenance for that strip for twelve months. Quite often during
that twelve months -- at the end of it we would go over t~em all and
find depressions in it that had to be lifted, raised or lowered or
made for a uniform surface. Now, if we, instead of having the con-
tractor pave this strip, if we let him pave the entire width of the
street, then this uneven settlement will be in your final payment so
that any adjustment that he has to make will appear as rough patches
etc. on top of your final pavement."
Mayor Dietz asked if Mr. Barrow was willing to leave the street
repairing the way the Council had previously voted and as it was in
the specifications to which Mr. Barrow agreed. Mr. Barrow and Mr.
Woodard then withdrew their motion and second concerning street repair
and repaying.
Mr. Steinhilper reminded the Council that the Engineers requested
instruction as to what to do with the limerock that had been filled up
to the pavement level on the streets where paving is to be replaced.
Mayor Dietz asked if Mr. Steinhilper could list the streets in
question, and that as soon as the Council received such list that a
release would have to be given that those locations have seven inches
of rock instead of eight inches, and that list would be made up of
streets that have been worked on up to this time, as the ones in the
future would have the proper depth of rock, further, that since there
would be extra work involved the City would have to assume some of the
cost.
Mayor Dietz asked Mr. Steinhilper to furnish the Council with
such a list of streets and that an approval would be forthcoming from
the Council.
Mr. Avery informed the Council that he had just received a
telephone call from Mr. Fred J. Goerlich of 112 Heather Lane complain-
ing that he had been in constant touch with the Engineers trying to
get his property fixed up. Mr. Avery requested that Mr. Goerlich be
contacted and given relief ~mmediately, further, that Mr. ~oerlich
had made the statement that he is trying to get his property fixed
up for the season.
Mr. Avery cited the fact to the Council that Heather Lane is
right in the center of the thirty questionable manholes.
It was brought out that all of Delray Beach was affected by the
installati0n of sanitary sewers.
The Councilmen expressed their desire to inspect the area of the
thirty questionable manholes after this meeting adjourned in order to
try and determine if a hardship would be imposed on the residents if
the manholes were to be replaced this fall.
Mayor Dietz asked what plans the Engineers had for getting the
chlorine into the Master Lift Station at the City Park.
Mr. Steinhilper displayed a set of plans to the Council showing
the original design of the Master Lift Station and showing the entrance
read and where the chlorine would be delivered0 further, that chlorine
would only be delivered once or twice a month. It was also mentioned'
that there would be ample parking place for cars of three employees.
~4ayor Dietz explained that the Council had been led to believe that
there would be three chlorine deliveries per day which was the reason
that a road through the park to the lift station had been considered.
Mayor Dietz suggested a motion that the Council accept the
original plans submitted by the Engineers for the chlorine access to
the Master Lift Station, it being so moved by Mr. Talbot. The motion
was seconded by Mr. Woodard and carried unanimously.
-7- 9-28-63
Concerning three-phase power to certain lift stations that had
been discussed at a previous meeting, Mr. Stetnhtlper said that he
would like to r~iterate What.he had told the Council and commented as
follows: "~irst, X told them that it was necessary for the Engineers
to coordinate during the designPhase of a project, and I was sure
that we had, and if we had a letter'to confirm this I would Verify
this with my office and I would'bring such evidence to the Council.
As it developed later on, i said, if a letter was there I would bring
it to the Council. I did not at any time say that We had a letter,
butI said that coordination would be verified bymy office. If there
is. any question on that, I am sure you have it on tape. I called my
office. Mr. osteen contacted Mr. Clifford. I have called Mr. Clifford
and coordination was effected and we have thenames and conditions of
which it was effected."
During comments, Mr. osteen said that he was not prepared to give
an answer pro or con on the three-phase power situation yet.
MayOr Dietz said that the Council has a letter from Russell &
Axon where they recommended three-phase power and asked what had been
worked out with the Florida Power & Light Company during the design
stage of the sewer project.
Mr. Osteen informed the Council that Mr. Gilbert W. Clifford,
their Design Engineer, had coordinated this with the Florida Power &
Ligh~ Company in numerous telephone conversations over their direct
line with Mr. McDuffy, Mr. Senior and Mr. Rogers of the power company,
during the design of this job concerning the needed power. Further,
that i~ Florida Power and Light Company had said at that time they ·
could~urnish three-phase power, the design would still have been for
three-phase power but provision for the converters would have
been in the original bid document.
Mayor Dietz reminded Mr. Osteen that the item of power factor
had been questioned long before the contracts were signed, and asked
that Russell & Axon give the Council written proof that they did con-
tact th.e PowerCompany and that there was a concurrence, or at least
nothing to ~he negative was expressed, further, that it would be up to
the Florida Power & Light Company to deliver in the public interest,
and what they failed t9 produce woUld be taken care of by Russell &.
~on,
Fo~!owingan annOuncement that ASsistant City Engineer Dale
Christison's son had passed away after a very short il'lness, the
Council U~animouslY expressed their sympathy On motion by Mr. Avery
and seconded byMr. Talbot.
Col. Dugal G. campbell of AndreWs Avenue, said that he was speak-
~g for.himself and for numerous property owners who had approached
him recently, that residents are disturbed over answers they have'
received when inquiring about the length of the ocean outfall and its
nearness to the Gulf Stream, and suggested that a statement be issued
to the press as to the outfall being accepted by the City Council at
its present length, that Atlantic Avenue would notbe torn up during
the season,' and further suggested to the Council that as far as
possible they keep to themselves the information that is theirs to
handle and hold the Consulting Engineers responsible for detail, thus
building the confidence of the people in the Council.
MaYOr Dietz said that the Council cOuld not issue a press releas~
on the ou~fall, but would give the preS~ the letter from Mr. Baker of
the State Board of Health that had been read at this meeting concern-
ing the outfall,' further, that by council action taken at this meeting
.the'Public should be assured that there wi11 be no sewer construction
East of the Intracoastal Waterway during the tourist season.
The meeting reuessed from 10:15 A.M., until 11=05 A.M~, in order
that the· Engineers. coUld discuss work sCheduleS~r with the C~ntractors.
Mr. osteensaid the Engineers appreciated Mr. Woodard sitting in
on their meeting with the ContractorS,-and felt that it would be a
benefit to the coUncil that h~ did~
-8- 9-28-63
~09
Mr~ Osteen informed the Council that Mr. Birgess Rand of Poweil
Brothers sta~e~ they would be willing to suspend operations under the
conditions expla'ined~ as of November first for everything East of the
Intracoastal Waterway, with the provision that during the interim
period of .the five months'mentioned there would be no new underground
utilities installed in that area which would interfere with them, in
other words, that the conditions of the work would remain exactly the
same. Mr. Osteen said that there would be'a letter concerning same
for submission to the Council, further, that there"is.an underwater
crossing at the Intracoastal waterway that Powell Brothers would like
to work on during the tourist season, and that should also be mention-
ed in their letter to the Council.
Concerning Cleary Brothers, Mr. Osteen repoFted that their
representative said he could not give the Council a definite propo-
sition today. That they understand the problem and look with favor
on it, but they request time to consider all aspects which would re-
quire until Thursday, October 3rd. Mr. Osteen said that the
Engineers had asked Cleary-Brothers to submit to the Council a base
condition of ceasing all work on November 1, and then with alterna-
tives for Council consideration.
Following discussion, Mayor Dietz asked that the City Clerk call
a Special Council meeting for 10:00 A.M., Friday, October 4th, 1963J
Mayor Dietz suggested that Cleary Brothers may want to make a
proposal where they may be able to complete work in some area and be
out by December first.
Mr. Osteen said that they would not be finaling out a project in
the beach area, but just suspending operations until the first Monday
after Easter Sunday, which date is March 30th, and asked how far the
city wanted to. go in the clean up after ceasing construction'operation
for the season, as to replacement of grass, shrubs, etc., that would
have to be removed again when work. resumes.~? nj ~ .
Mr. Osteen suggested that the Council appoint one of their
members at this time that knows the intent of the Council so the
Engineers could consult withone person rather than attempt to get
the whole Council together for an opinion on some items. Mr. Woodard
as Chairman, and Mr.'Talbot were Unanimously appointed as a Committee
to consult with the Engineers'as suggested, on motion byMr. Barrow and
and seconded by Mr. Avery.
Mr. Osteen pointed out that the paving must be maintained for
the five month period of time that Cleary Brothers ceases operation
in the beach area, and that under the terms of their contract they
would finish a job as soon as they could, and get the paving restored
to its original condition.
Mr. Avery asked if the City forcesmaintain this pavement
whether the cost thereof could be taken from the sewer funds.
Mr. Osteen said that he could not answer that at this time, but
they would go along with the opinion of the Attorney on that.
City Manager Holland said that the City forces had all the work
they could take care of.
Following discussion, Mr. Osteen said that Cleary Brothers wouId
be asked to consider maintaining the streets for that period of time
and keeping some of their equipment on the job for that purpose, furthe~
thattheir proposal concerning same would be submitted to the Council
at the Special Council meeting on Friday, October 4th.
Mr. Osteen said that Barbarossa & Sons are sub-contracting
force mains to Cleary Brothers, that some of the force mains are in
the beach'area, and that a primary concern are the sewers along the
water front, further, that Mr. Woodard had suggested, rather than
cutting that section off on November first, continuing to December
first and Barbarossa make an intense effort in that section which
would aid them materially. -9- 9-28-63
Mr. Woodard said that was suggested in order to enable Barbaroosa
to schedule their work so they would not have to shut down, but if they
concentrate~ in that area and~ got out by the first of December, they
could schedule their work in a residential section during the tourist
season,
Mr. Osteen~said that:Barbarossa &SonsShould, be directed to
have thai=' information concerning work schedulesandproposals based
on getting out of that whole beach area on December first, including
notdoinganywork on force mains, for Council consideration at the
October 4th SpeCial Meeting;
Mayor Dietz referred to the lift station near the City Docks and
said that the Council would not want any work going on in that area
or in theNortheast area west ofthe waterway during the season.
Mr. Osteen said there was not a representative of the Harry
~epper Company present today, .but that he thought the Engineers should
advise the Pepper Company, in writing, that they should cease work and
have things in proper order in the beach area by the first of November
and to suspend all work on lift stations on the beach side until the
first Monday after Easter Sunday, and that if they have any question
they should be present at the October 4th Special Meeting. It was
also stated that the Harry Pepper Company would be given the same
opportunityas Barbarossa & Sons and Cleary Brothers in working a
little longer than November first if it would enable them to complete
a portion of the job they were in the process of installing.
The Atlantic Avenue crossing that leads all of the lateral lines
into the Master Lift Station was mentioned and the Council informed
the Engineers that they did not wish this work to be done until next
spring;
Mr. Cam&hah of Cleary Brothers Construction Company asked the
Council if they would state to approximately what degree they would be
willing to compensate the construction company for the inconvenience
they would be subjected to r~lative to the stoppage of construction
during the tourist season.
Mayor Dietz said that would be determined at the Special Meeting
on Octobe~ 4th,
Mr. Talbot said that he would assume the Contractors were aware
of the clause in Plans and Specifications concerning the work schedule
and the Council's right to order a changed or altered work schedule on
its determination that the work .was interfering with the tourist season,
but in looking at the Contractors side of 'it that he would not expect
it to cost them anything if they had not been negligent in their work.
Mr. Talbot and Mayor Dietz agreed that the Contractors were put on
notice when they were bidding, and knew whenthe contract was accepted
that thiswork was notto interfere with the tourist season, and the
contract clearly states that condition.
Mayor Dietz said that the Council would consider the letters and
proposals from the Contractors at the Special Meeting to be heid at
10:00 A.M., Friday, October 4th, 1963.
The meeting adjourned, at 11:35 A.M., by order of Mayor Dietz.
City Clerk
APPROVED:
MA
-10- 9-28-63