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10-04-63SpMtg october 4, 1963 A Special Meeting was held~ in.~ha. Council..-Chambers at 10=00 A.M., Friday, Oc~cober 4th, 1963, withMayor Walter Dietz in the Chair, City Manager 1~obert J. Hol.land, City A~tor~ey John Pmss Adams, and Council- men A1 C.=Avery, Emery J. Barrow, George. Talbot, Jr., and Oliver W. Woo~ard, Jr., being present. An opening prayer was delivered by City Clerk R. D. Worthing. Mayor Dietz called the meeting to order and announced that the first order of. business on the agenda was consultation..with the Con- sulting Kngineers and Sewage Works ~roject Contractors to establish control of sewer line installation activity during the coming tourist season, and asked if there was a representative from .Powe!l Brothers, Inc. present. There was no representative present, but the following letter from Powell Brothers, Inc., to the City of Del~ay Beach, dated September 30, 1963, was read= "Re=.Sewage Works Project. we hereby agree to suspend work on Atlantic Blvd..from the Intra- coastal Waterway to the ocean during the period from November 1,.1963 to April 1, 1964. It is understood that no other work will.be done by others in this area during the period of this suspension of work." Mayor Dietz stated that said letter is valueless in. that it does not specify that there will or will not be a cost involve~ in this suspension of work. Powell Brothers, In:c~ were. contacted by tele- phone and a telegram received at 11=27 A.M., from Mr. H,= M. Langford, Vice President of Powell Brothers, Inc. to the. City of Delray as follows= "Suspension of work as detailed in our letter of September 30 will be at no added cost to the City." It was explained that there would be no work by Powell Brothers, Inc. on Atlantic Avenue during the season but they would bo permitted to install their crossing under the canal as it was felt that would in no way affect the tourist season. Mayor Dietz read the following letter from the Harry Pepper Com- pany, to Russell &Axon, dated September 30, 1963= "Re= Project No. 5964-8A, Sewage Works Project Lift Stations, Delray_Beach, Florida Attention= Mr. Steinhilper Your telephone call in reference to ceasing operations between November 1, 1963, and April 1, 1964, on the .east side of the Intercoastal Waterway is hereby acknowledged. In compliance with your instructions, we shall cease all operations on work on the east side of the inter-l&~d waterway as of. November 1, 1963, and will not commence further.~. operation until April 1, 1964. 'Due to the order to cease operations, we will be put to the additional expense as follows= '(1) To secure the two lift stations which are now under construction, No. 17 and 18. (2) To maintain temporary routes at lift stations. (3) To move equipment and material from peninsular side to mainland. lO/4/63 (4) Additional wellpoint eqUipment rental due to the ex- tended time which will be required to have wellpoint equipment' on pToJeut. Our work agreement w/th Griffin Wellpoint Corporation ~ill have expired before April 1, 1964,'and therefore, it wit1 be necessary, for us to -re-enter into an agreement with the Griffin We~lpoint Corporation to furnish the necessary equipment ~o~ re- move ground water from Stations No. 15 and 16. (5) Extended supervisory pereonnel for eighteen (18) weeks. (6) To remobilize crews and equipment to oomplete operations on the peninsular east of the in-land waterway. We are herewith enClOsing our breakdown of cost, as outlined above, for ceasing work on the peninsular side, east of the in- land waterway. As a result of the Owner's r~quest to halt work from November 1, 1963, to April 1, 1964, it will be impossible for .us to complete our contract within the allotted time provided in our contract. we are hereby requesting a change order be issued by the OrAl'er for extension of one hundred twenty-six (126) days to our con- tract, ahdan 'increase. in our compensation in the amount, of $8,394.27. SEWAGE L~FT STATIONS -DelrayBeach, Florida COST TO CEASE OPERATIONS FOR THE ABOVE PROJECT EAST OF THE. I'NLAND, WATER~AY BETWEEN NOVEMBER 1, 1963, AND APRIL 1, t964~ Labor Material 1. Securing Lift Stations 17 & 18 50 Manhours ~ 2.50 $125.00 2~ Maintaining temporary~routes at Lift'StationS 17 & 18 4 ~tghts ~ ~.20 x lSl days $181.20 80 Yds. rock ~ 4.50 160.00 360.00 3. Moving equipment and' material from peninsular side to Mainland 200.00 4. Additional wellPOint equ-ipment rental - 2 Mos. ~ $1,130.00 per month 2,260.00 5. Extended-superintendeht time for project - 15'weeks~-~210~00 3,150.00 ~6~ ToremObilize crews and 'et~uip- ment- 100 Manhours ~ 2.50 per-hr. 250.00 3,885.00 2,801.20 Insurance and Tax 12% 466.20 4,351.20 Labor $4,351.20 Mat1. 2,801.20 ~la. Sales Tax 84;04 :': 7;236.~4 Bond 72.36 15% Pr°fit & Overhead. -1:085.47 . $8,394.27 10/4/63 Mayor Dietz said that he did not consider the figures reasonable, and Mr. Talbot said he would, have to give it some thought and analyze the figures. Mr. Woodard asked the City Attorney= "At what point in our con- tract do we have the right to reschedule work and at-what point are we arbitrarily interfering with the contractor?" Mr. Woodard said that concerning the Harry Pepper Company, he has areas where he can reschedule work and it was anticipated at the begi~ning ~f the job that work would be rescheduled from primary areas affected by the tourist season, and continued= "Can we, according to our contract, notify to reschedule work where there are other areas to reschedule the work?" He did not feel the~%~e, was justified in this case. Mr. Talbot questioned the dates that Lift stations 17 and 18 were started, an~ Mr. Steinhilper informed the Council that Lift Station No. 17 was started on June 17th and No. 18 was started on July l?th. It was noted that the contract was let on May 16th. Mr. A~ery asked if any consideration was being given to the lift stations west of the Intracoastal Waterway, in the Harry Pepper Compa- ny proposal, and mentioned several lift stations under construction in that area, further, that he considere~ the proposal reasonable. Mayor Dietz asked if the City had the legal right to exercise the provisions in the contract concerning the tourist season, regard- ing the right to order a ~hanged or altered work schedule, and asked Mr. Daniel Neff to give the Council the benefit of'his experiences in this matter. Mr. Neff said he thought the Consulting Engineers should give the advice to Council concerning this, but that u~doubtedly the con- tractor is subjected to considerable extra expense in mobilizing and demobilizing his work, however, in four places in the specifications the contractor was put on notice that he would have to adjust his work to the tourist season, and was well aware of this fact, further, that the Consulting Engineers should point out where Mr. Pepper could work to advantage and if he couldn't work to advantage at other points then there may be leeway for recommendation that he be compensated for places where he is not working advantageously. That any reasonable compensation for actual out-of-pocket costs is a matter of fairness on the part of the City, and felt that all proposals should be con- sidered and a Council policy established with legaladvice, as to just what their rights are in this matter. Mayor Dietz asked City Attorney Adams what his opinion was as to the contracts, whether or not the stipulation concern.ing~hanged or a~tered work schedule was worthless or had some.meaning. Attorney Adams said that it ~finitely had meaning and as far as rescheduling, felt the Council could reschedule the Pepper Company without a great deal of trouble, but that he would have the privilege later of coming in for additional cost, but didn't feel that the amount as set up ~n his proposal would be justifiable. There was discussion concerning .the cost of legal action that may result if the City did not give compensation as a result of changed or altered work schedules. Mayor Dietz then read the following letter to the City from Barbarossa and Sons, Inc., dated October 30 1963: "Re: Suspension of work - Section I Project 5964-8A. This is in reply to your request, for..a statement of costs for the suspension of work in Sectio~ I of the subject project from the first of November to the first of April. "Should we be obliged to do this,.it would entail the moving outand moving in of equipment, the disorganizing and reorgan- izing of crews, maintenance of streets for the extra five- month period, loss of materials due to vandalism, the extra cost of having our funds, both in retainage and materials tied up for the additional length of time. This is by no means the complete list of costs above the normal construc- tion costs. If we suspend our operation for a five-month period in this area, the additional cost would be THIRTY FIVE THOUSAND ONE HUNDRED SEVENTY FIVE ($3~,175.00) Dollars. Attached is a statement showing the costs which we feel would be incurred if we suspend work from November 1 to. April 1; also the amount which would be incurred if we stopped operations as of December I and as of January 1. RECAPITULATION OF COSTS FOR SUSPENSION .OF WORK- SECTION 1. November 1~ 1963 to Apr$1 1~ 1~64 Move Equipment out and in 9,000.00 Disperse and reorganize crews 5,000.00 Maintain streets and additional cost of Maintenance Bond - five months 5,000.00 Extra cost of insurance, and loss by vandalism and theft 5,000.00 'Loss of production due'to not working during the cooler months 5,000.00 A~ailability of materials in this period such as brick, pipe, concrete, etc. Estimated savings 3,000.00 Interest on retainage and materials in stock 3~175.00 35,175.00 December it 1963 to April 1~ 196~ Deduct 7,175.00 Janugr~.lt 1~64 to ARrii 1~ 1994 Deduct 35,17§.00" Mayor Dietz then read the following letter to the City of'Delray Beach from Cleary Brothers Construction Company, dated October 3, 1963: "Re:Suspension of Work Sewage Works Project No. 5964-8A Delray Beach, Florida In reference to our meeting at City Hall September 28, 1963 for the purpose of discussing the possible suspension of con-' struction work for a five (5) month period beginning on or about November 1, 1963 and to resume work on or about April 1, 1964= Having regiewed the conditions, and after a careful study of our future work commitments, we cannot economically justify suspension of work on this project. We hope the commission can see its way to continue this work and will not effect a work stoppage on this contract. In further compliance to your wishes we are herewith attach- ing a statement of cost which would be incurred by us over and above our normal construction cost if we are required to suspend work for a five month period. This statement in no way reflects the total exp-enditure by us for the ~any in- tangible items not described herein. "AlSo, it is to be noted that the attached statement is only an approximation of cost, and in no way is it to be construed as an acceptable lump sum settlement for the suspension of this work. However, if it is still the commission's d~ire to stop this work, a complete accounting of cost involved would be de- termined on an agreed period of suspension. SHUT-DOWN COST FOR DELRAY SEWER PROJECT: November If ~1963 December-1, 1963 Remove & return equipment .. $ 4,300.00 $ 3,350.00 Clean-up and restart work 6,860.00 5,530.00 Material storage, lo.ss & damage 2,835.00 1,540.00 Street maintenance 3,750.00 3,035.00 Dew&ret cost a equipment 1,875.00 1,375.00 Bond,.insurance a maintenance 1~500.00 1,200,00 $21,120.00 $16,030.00 Retain&ge on work completed 5% $ 7°'000.00 $ 8,000.00 Replace supervision ? ? Replace equipment operators ? ? Replace skilled personnel ? ? Intangibles ? ? Mayor Dtetz asked for advice from the Consulting Engineers, and Mr. Osteen said this would be hard to give advice on as it appears that these proposals had been submitted with no consideration of the fact that it was pointed out in the specifications that the work was not to interfere with the tourist season, that he would not want to say at this time what he thinks it is worth or whether it is worth anything until the Engineers have an opportunity to study these pro- posals with the City Attorney, further, that he felt the prices quoted are not something that can be lived with. Mr. Neff said he felt it may be helpful to the Council in reach- ing a decision if the passages in the specifications concerning the work schedule were read and quoted from the specifications as follows= A portion of GC-9, Contractor's Understanding= "The work shall be so scheduled as to minimize interference with traffic during the tourist season. It shall be theContractor~s.responsibility to main- tain 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 in- dicated~ ,provided, howeverf the city council reserves the ultimate right to order a changed or altered work schedule on its dete~..ination that th~ work is interfering wi~h the.tourist seaspn." "GC-10 e. ~o~tractpr~s Right to Terminate Contrac%. If the work should be stopped under an .order of any court, or other public authority, for a period of three months, thrpugh no act or fault of the Contractor or of anyone employed by him then the Contractor may, upon ten days written notice to the owner and the Engineer, terminate his contract and recover from the Owner payment for all work installed and accepted by the Owner." "Work. The work shall be so scheduled as to minimize interfer- ence with traffic during thetouristseason. It shall be the Con- tractor's, responsibility to maintain traffic on all arterial thorough- fares. The Contractors shall submit a work schedule to the. Engineer for approval. The Engineer reserves the right to reschedule the work where interference is indicated." Part of.~C-Se~Suspension of work. "The intent of these speci- fications is'to ap~ly to work. stoppage other than as ordered due to interference with the .tourist seasons, which are contemplated in other sections of these General Conditions," -5- 1014163 Mr. Neff said the last paragraph read is the one that puts the Contractor on' notice that the work stoppages that would be paid for are exclusive of'those ordered by the Council in regard to the tourist season, as ~he tourist season is the prime industry in Delray Beach and the sewer work would have to conform to the needs of that business. Mr. ~{e.ff commented further= "! do feel that where the Contractor has cer~at~ demonstra~ reasonable out of pocket costs due to moving his equipment and well pointing, etc., that the City would be well advised to give consideration to settling those at the time. I do not like to recommend taking anything to court that can be settled at the time on the basis of a fair and reasonable base." Mr..Barrow asked what the Contractorstinterpretation of the spec- ifications was. Mr. Harry Pepper said that as outlined in the general specifications it did say during the tourist 'season on arterial high- ways, ~ut it did not say anything about individual side streets. That most of the lift stations are on side streets and most of the traffic could be maintained with work going on, particularly 'on lift stations 17 and 18, and that they would be backfilled and they would only be working on machinery duringthe tourist season.' That lift station 16 was at the end of a street near the canal. During further comments, Mr. Pepper said that he would rather work than to receive the com- pensation for shut down. Mr. Osteen said that he did not feel the Pepper Co., proposal had the merits that Cleary Brothers have, as ~hat is on-ly a portion of the entir~ lift station contract. Mayor Dietz asked aboutthe noise in connection with placing machinery in the lift stations and Mr. Pepper said that stations 17 & 18 were both underground and there would only be three or four'men at a time working Underground~ Mayor Dietz said that he felt this required a clarification of what is and what is not interference with.the tourist season, and asked if work starting at 10:00 A.M., and ceasing at §:00 P. M. under- ground on the lift stations could be arranged. -Mr. Pepper said that there would be a certain amount of noise but there would be no pumps and construction noise as exists at this time. and that work Could be scheduled to the suggested hours, and stated again that he would rather work than to receive compensation for ceasing work. Mr. Talbot asked Chief Croft if normal traffic was not maintained on Andrews. Avenuewhat the s~tuation WOuld be on Ocean Boulevard. Chief Croft said that if Andrews AVenue was not in good traveling con- dition ~the people would just naturally stay off of it and travel Ocean Boulevard. Mr...Barrow asked how long it woUld take to completethe three lift stations that had been~mentioned~ Mr. Pepper said that lift stations 17 and 18 shoul~ be completely constructed a~d backfilled by the first part of November, but the machinery for them would not be delivered to them until the first of the year, further, if they were permitted to work through the first part of December,they could have the other two stations under the ground. Mr. Avery asked about the paving that would be involved concern- ing the lift stations. Mr. Pepper said that concerning stations 17 and 18 they could put a temporary road in, but without an asphalt topping. Following lengthy comments and discussion, Mr. Avery said that he would'like to ask Mr. ~ohn Thayer a question and commented as follows: -6- 10/4/63 "The reason ! call is because you are:secretary of the Beach Taxpayers League and that is a rather representative~organization-of~the people in that area. Do you think that this would be acceptable~ as you have heard-it discussed here? You understand that as of November first the work would beunderground and on certain days they would have a crane., during daylight hours, to lower the equipment in. It wouldn't be for long periods of time or long days involved there. ~That by December ~irst on the other two it would be the same way and they would be backfilled, compacted, and sand sealed, black topped but not an asphalt Job, so that it is passable and the only work would be a service ~ruck there working on the equipment. Do you think this would be acceptable to the people in these areas?" Mr. Thayer answered: "Mr. Avery, I think that if the work East of the waterway is completed by December first, that the whole area is passable for the tourist season and in good shape, which we under- stand was to be done, and I notice there is an additional cost here of almost $?2,000.00, which I don't believe, from what I have heard from some of these contracts, is a justifiable increase in cost. The Beach Taxpayers League is primarily interested in having that area East of the Inland Waterway in good condition for the touFist season no later than December first." Mr. Averysaid this work would have to be considered by each contractor and that it had been stated during discussion that of the four lift stations two could be completed underground and the only work would be machinery put in during the rest of the t~me, that the street would be passable and that the other two would be in the ground by the first of December and asked if it would be intolerable to the residents if the contractors were permitted to install the machinery between the hours of 10~00 A.M. and 5=00 P.M. Mr. Thayer said the Beach Taxpayers League would not want any work done East of the Waterway after December first. Mayor Dietz explained to Mr. Thayer that the spirit of this is not to interfere with tourism, and as he understands tourism it is where people have apartments to rent as their livelihood and in that area there are residential areas as well. Lewis Cove, where one of the lift stations is to be installed0being one of those residential areas. Following discussion, Mayor Dietz asked if it would be in order for Mr. Thayer to give the Council a li~t today of .the streets that the Beach Taxpayers League considers are the streets on which the Contractors.should not have any activity during the tourist season, and in that way .the problem of rescheduling work may be partly solved. Mr. Osteen agreed with that suggestion. Mayor Dietz reported that he had received a call from Mrs. Frank Doman, in the Northeast area West of the Waterway, and that whole area had rentals and depended on the tourist trade, Mr. SteinhilPer said that he had indicated on one of their maps the locations of the rental units west of the Intracoastal Waterway in an effort to make a satisfactorywork schedule. Mr. Neff asked .if he could make a recommendation, and said that the specifications as he reads them clearly set forth the wish of the Council for two things during the tourist season, those being passable good streets and good .appearance. That Mr. ~Pepper had said he would have his construction completed North of Atlantic Avenue., as far as streets and backfill, by the first of November and the same condition South of Atlantic Avenue by the first of December, and that he feels the City should assist Mr. Pepper in getting the streets and general condition in good shape to make a good appearance-during the season. -7- 10/4/63 Mayor Dietz said that he takes it to mean that interference with the tourist trade would not concern.work on a street where there are no apartments and that work would be permitted to proceed on such a street as long as the noise'was not disturbing to another street, and asked Mr. Avery if he would go along with that thinking. During comments, Mr. Avery said that he wanted work to be stopped on the beach side and that he wanted areas West of the canal consider- ed the same, further, there are areas where indiv~duals ~ent their homes for the season and depend on it very much and to him that is tourism even though it is not an apartment house. That a detailed analysis should be given to the needs of the town. and then a work schedule be prepared. Concerning the Harry Pepper Contract, Mr. Woodard said this was a rescheduling of work instead of a work stoppage and asked what the final recommendation had been concerning it. Mr. Thayer informed the Council that he had been. thinking the situation over and that he had,oniy spoken for himself, but he was sure the trustees of the league expect all work East of the Inland Waterway to terminate no later than December firstand not,to be continued until the end of the tourist season, and that the League does not want any work done over there, at any time during the season and that the places be put in suitable order for the tourist season~ Mayor.Dietz ask~dMr~ Thayerif'?he~was talking about Lewis Cove, and Mr. Thayer said he was talking about any ~lace Which was'in the province of the Beach'Taxpay~rs League. '- Col. Dugal Campbel! addressed the Council and said he would like to speak, not only as a representative of the Beach Taxpayers League, but as-a citizen of the town, and he ie much interested in the town as s whole, further, that all of DelrayBeach is considered a tourist town, not just that part Bast of the Waterway, and that he was very happy when the Engineers and Council saw fit to include in the plans and specifications consideration for the tourist season, and being put in the specifications placed the contractors'on,notice of that condition. Col. Campbell stressed the fact that the Council and Engineers built safegUards into the-contracts for one purpose Only, that being able to control interferencewith the tourist season, and went on re~or~ that he is interested in the City as a whole and would like to see the tourist season' not interferred"with in,any way. During discussion, Mayor Dietz asked Col. Campbell to be specific in just what he recommended, and Col. Campbell said that he recom- mended the COuncil ask the Contractors to live upto their contracts as close to one hundred percent as possible.with no ~nterference with the tourist season, that the City has competent engineers to interpret this and to stay withintheir interpretation. Mayor Dietz asked if 'that would mean to cease all work in Delray Beach or just to cease work in certain areas to which Col. Campbell said that he would be Very happy to take the City streetby street and try'and'help work out a proper work schedule. .Mr. Woo~ard asked if the Council could get back to specific items and concerning .the ~arry Pepper~ontrac~.statedthat the contractor felt ~e could have the several lift stations mentioned to the point where the streets w~Id'be passable, the"debr~s would be'cleaned up and ~he aPPearanCe of the area would be acceptable, and t~e only activityg0ing~on would be a couple of open manhO'Xes throughwhich equipment would be lowered by not more than four workers and with one _8_ 10/4/63 truckparked in the area of the manhole, further, that there.would be very little noise, that.the roads would be passable and not interfere with traffic. Mr. Woodard asked if that condition would be consid- ered damaging to the touris~ season and objectionable to the residents ~n that area i . Mr. Woodard said the council is trying to find out to just what degree work can be shut downwithout costing the City an unreasonable amount of money. Col. campbell said it was the interpretation of the Beach Tax- Dayers League that according to the terms of the contract it should not cost the City anything, that whatever the Counciladjusted to was their business, but if it was a large figure there would be numerous objections by citizens. Mrs. Robert McLaughlin of 24 Marine Way said it was her im- ' pression that the Council misinterprets the contract, in considering compensation to the contractors when it is specified that changes can be made if it is deemed that they affect the tourist season. Mrs. Anne Pfundston of N. E, 7th Avenue was asked the dates that were consideredto be the tourist rental seasOnin her section of town, and she informed the Council that it was from about the first of December through the first week in April, further, that She felt all of the town should be in good order for the tourist.season and not any section of it torn up at that time. There were comments on stoppage of all the work during the tourist season and it was mentioned that the reason' this condition had not been set up in the specifications is that there was fear that the bids would be too high. Mr. Pepper said that if there was a stoppage of work he would expect some compensation, but if he could COntinue work on the entire project and it be scheduled so as to not interfere with the tourist season then there would be no compensation expected. Mayor Dietz asked if Mr. Pepper and the Consulting Engineers could get together and produce such a rescheduling that would meet the requirements and then see if said schedule would be acceptable to the Council. Mr. Pepper said that would be up to the Consulting Engineers. Mr. Osteen said they Were willing to do their best, but in Order to do a proper job they would have to have a comple~e know- ledge of every street in Delray Beach, further, that Col. campbell had agreed with him that this would be a good approach. Mr.. Osteen said that plan would necessitate representatives from the different areas in town meeting with the Consulting Engineers and COntractors to get the desired information. Mr. Woodard said that as a representative of the coUncil he would be glad to set up meetings with the Engineers, Contractors and repre- sentatives of different areas in order to try and work up information from which an acceptable work schedule could be made. During discussion, Mr. Osteen commented as follows= "In accord- ance with this contract it says that the Council reserves the right to set the ultimate schedule during the tourist season. Now, if we, the Consulting Engineers, sit down without the Contractor, giving you an example, sit down with representatives of the beach area and work out a schedule and we present it to you and you say that you buy it, have we not reScheduled the work then in strict accordance with the contract? A~d then if the Contractors, and they might say this is inequitable, we are going to court, then that would have to be be- cause we have done just what we said we were going to do, we have rescheduledthe work." . -9- 10/4/63 Mayor Dietz said he thought that was as good an approach as he had heard and asked Mr. Neff for his opinion. Col. Neff said the problem faced by the Council today'was caused by not getting a complete schedule of all of the work and that should have been worked out last June, July and August, but that he feels the first apDroach now is for the Consulting Engineers to sit down with the Contractors and, with the tourist season in mind, work out the best possible schedule that they can, and the Council is not in the position to take action until such schedule has been presented to them, and that schedule may have to be modified by the will of the residents. Mr. Woodard said that in order for the Engineers and Contractors to work out the best possible schedule, they need to know the critical t£me~and in what ares.the tourist season affects the differ- ent areas in Delray Beach. ~ Col. Campbell asked if it was understood that everything Bast of the waterwa~ is~not only,robe stopped but cleaned up by November first. Mayor Dietz said that he had not detected any such order on the part of the Council this morning. Mr. Woodard explained that the Council had asked the Contractors to submit proposals today concerning ceasing work in the beach area as of November first and as of December first, and that there had been no action taken.on the proposals submitted. It was also pointed out that one Contractor has work only in ~he beach area and cannot be rescheduled to another part. of town. Mayor Dietz said he felt Mr. Woodard's suggestion should be followed in that the residents of the different areas be contacted following which the Engineers and Contractors will produce a work schedule which would be in the best interests of the City of Delray Beach and that schedule then be presented to the Council. Mr. Osteen said that he understood the procedure that had been suggested. Mr. Woodard commented as follows: "As I understand it, what we will do.now, is .as soon as this meeting is formally adjourned, sit down with the Engineers and. the Contractors and we will work out a publicized list of meetings that will deal with specific areas in town. That the area residents will be notified that we are having= a meeting, to discuss their problem at a certain time at a certain place, that they will come to the meeting and we will have the bene- fit of their thinking as to. what effects work schedules in that area. As soon as we get all of the areas in town scheduled we will come back to the Council with specific information and will carry it from there, is that right?" Mr. Osteen said they were willing to do it that way. Mayor Dietz asked if anyone had a better approach to the solu- tion of the problem than had been suggested. Mr. Osteen said he felt the schedule should be worked out by the City, which includes the Consulting Engineers, it be agreed.upon and then tell the Contractors that is it. Mr. woodard commented as follows= "Mr. Osteen, I would think this, that at this meeting where we have the benefit of the technical information that is available, th~ Council will be in a ~osition to ma~e a recommendation that in a ~ertain area of town we f~el that the schedule should be arranged for such and such a date." ~' Mr. Osteen agreed with Mr~ Woodard, and Mayor Dietz said that he had confidence in Mr. Woodard understanding, the situation, Mr. Neff said he felt this was the proper approach, and cautioned speed in getting this taken care of. Mr. Osteen requested that the Beach Taxpayers League have at least one and possibly two representatives meet with the E~gineers and Mr. Woodard, and if possible that Col. Campbell be one of those re- presentatives. It was reported that the meeting with residents East of the Intracoastal Waterway would be held today at 2=00 P.M. in the Council Chambers. Mayor Dietz said that he would not go into detail on Pow~ll Brothers Change order No. 1 now, but it would be considered at the regular Council meeting on october 14th. Item 2 of Age~da. Relative to a recently enacted ~lorida Lien Law, City Attorney Adams reported that a committee of twelve had met and made a ~ecommendation to the Council concerning same~ that the following notice be given to each property owner when he obtains a building permit. "A new Florida lien law, effective October 10 1963, concerns you as the owner of property about to be improved. As a p~blic service, we call your attention to the fact that faiIure to' familiarize yourself with Chapter 84~ Florida Statutes, could possibly result in financial loss to you. Your first responsibility is to file a "Notice of Commencement" with the Clerk of the Circuit Court in West Palm Beach, Florida, and post a certified copy on'the property to be improved. This law is intended to protect the owner, butby necessity it is very complicated and .technical. The City has no responsibility to disseminate the information contained herein, and naturally we will assume no liability. As a public service', We are, merely advising youto familiarize yourself with-the new lien law. · BY s/s Ralp~ A. ,~uqhson Building Official /S/ John Tallentire ' /S/ Paul Herig '/S/ Ralph Hughson /S~ Paul Ledridge /S/ John Ross Adams /S/ Bob Miiler /S/.O.T. Billingsley /S/ Bill Mizelle /S/ Leo Blair /S/ Paul Speicher /S/ Stan Burlingame /S/ Ted Roth" Mr. Avery moved that the Council accept the recommended policy, it being seconded by Mr. Barrow and unanimously carried. Item No. 3of Agenda.. Concerning an offer pertaining to a tract of land for East Atlantic Avenue parking facilities, City Clerk worthing reported that as a result of a request from Mayor Dietz he had contacted Mr. Robert A. Vos, the owner of the North half of Block 124, to determine if said property was available for City use as a parking lot. That said property is a parcelof ground 300 feet by 306 feet being two a~d a half acres, and that the owner had agreed that the City could use said land in any way they saw fit at a cost of $2,000.00 per year subject only in addition thereto to a condition to be incorporated in an agreement.that either person could sever the -ll- 10/4/63 instrument..with a sixty day notice. It was reported that .Darcel of ground woul~ provide parking for about three hundred cars. Mayor Dietz said if the Council was agreeable to this proposal that a parking lot could be prepared by the City Manager and be ready by about the first of November, as it was' very level land and would not need a lot of preparation, further, that it would work well in conjunction with parking for concerts, etc. in the City Park. Mr. Avery said that he would like this considered at the October 14th meeting at the time the other proposed sites for parking were considered. Mr. Woodard said that when he became aware of the proposal con- cerning the North half of Block 124 he looked the site over and felt that it was~desirable, but would like it to be considered at the same time that the other proposed parking sites are considered, instead of at the present time. There was discussion concerning the Planning Board giving their recommendation regarding a parking lot at that location and Mayor .Dietz said that taking advantage of this proposal would in no way affect the work that Mr. Woodard a~d the Traffic and' Parking Commit- tee had been doing relative to exchange of properties and that the City should take advantage of being able to provide this parking facility at such a reasonable cost, and asked that some action be taken at this time to protect the offer. FolloWing discussion, Mr. Barrow moved that Mr. Vos be asked for a thirty-day option on said property~and in the meantime that the City Manager give the Council an estimate on what .it would ~ost to prepare this property for parking use. and how it would be laid out, the motion being seconded by Mr. Talbot~and unanimously carried. Mr. Barrow informed'the Council that the Beautification ~ommit- tee had been asked to prepare a display table for the United States Day Ceremony to be held at the Community Center on October 2~3rd, and desired Council approval for their participation inthis function, permission being unanimously granted on motion by Mr. Avery and seconded by Mr. Barrow. Mr. Barrow reported that the Beaut~fication Committee had a balance remaining in their 1962-63 budget and would like to have same encumbered for their use dur'ing the 1963-64 budget year. Finance Director Weber reported that same had not been encumbered for their use and the time had passed for doing so. Mr. Barrow reported that the Parks Departmen'thad been cleaning up some of the vacant property following sewer co~st~.uction as it had to be cleared of debris before the mowers could be used, and asked whose responsibility it was to clean up the debris left on property as a result of sewer construction. City Manager Holland ·informed the Council that it was the Contractors responsibility, and this item was referred to the City Manager to be taken care of. Mr. Avery informed the Council that he had received numerous com- plaints concerning the condition of the paving on N. E. 2nd Avenue and asked that some statement be made to the public concerning the ~eason 2nd Avenue is in such condit~on. Mayor Dietz said.that before a street is paved that that section of the sewer be tested because he felt it would be £olly to pave the street and find in testing the sewer that there was. a le..ak and the street would have to be torn up again, further, that .he.~d been in- formed, which may or may not be correct, that there are a lot o~ cracked tile installed in ~hat line. Mayor Dietz asked if-it would be in order that a motion be made that Russell & Axon be instructed that before the paving is put on the street the section to be paved be tested according to their contract and specifications. Mr. Steinhilper informed the Council that the Engineers have no objection to such a motion as that is what~w~11 be done an~ay, how- ever, he b~lieved the initial question holding up getting ~he Avenue paved was that rock had been filled in to the level of the pavement, and that today he hadreceived prices from the two contractors in- volved as to how much they would have to charge the City-£or the removal of one inch of rock. Mayor Dietz said he felt that there were two issues here, that the Contracto~ has to repave the road where it has been dug up, but concerning removal of one inch of rock, the contractors had fitled in to pavement level as there was no defined policy concerning what was to be done, as the City had previously planned to repave the entire street after sewer installation. City Clerk Worthing read'the following letter from Barbarossa & Sons, InC~, dated October 3rd, 1963: "Attention - Mr. Jack H. Steinhi19~F Re: CUTTING DOWN ROCK ONE INCH, REBONDXNO AND P~TCH~NG Referring to Area 4~ Section II, where the sewer is located in the center of the street, our cost to remove one-inch of rock, rebond and reprime the rock,' would be $1.00 per square yard. The area to be replaced would be approximately 20,000 sq. yards. This price does not include the asphalt which would have to be replaced by us." The City Clerk then read the following letter from Cleary Brothers Construction Company dated October 4th, 1963: "Re: Removal of Rock & Prime Sewage Works Project No. 5964-8A Delray Beach, Florida Attention: Mr. J. H. Steinhilper This refers to our meeting at City Hall September 28, 1963 relative to removing one inch of limerock and repaying same in accordance to the specifications, as, altered to a total compacted depth of seven inches by · Change Order. The above described work will be performed for the unit price of O~e Dollar ($1.00) per sq. yd. Payment to be based on the- actual number of sq. yds.. replaced. This price in no way to effect or alter the unit prices as set forth in the original contract for pavement replacement." Mayor Dietz said that Mr. Stei~hilper was to ~ive the Council a list of the streets these 'letters.apply to, and it would not apply to any of the streets that-wereworked on'after the Council had set policy concerning paving. Mr. Steinhflper displayed a map showing the streets involved, and said that he would list the streets for the Council. Mayor~Dietz ' asked that a copy of same be forwarded' to "eaCh Councilman in order -13- 10/4/63 that they may;~tudy it and be prepared to take action at the next regular Council meeting. ' City Manager Holl&nd informed the Council that he is.using a demonstrator high lift truck this week that is much needed by the City,. and that same .can be purchased by the City for $7,300.00 and would like-Council permission to purchase same from the'Equipment Contingency Fund. The City Manager said this truck could be used for trimming trees and also in counection with the street lighting pro-' gram.. Mr. Avery moved that Council pe~missionbe given for the pur- chase of said equipment, the motion being seconded by. Mr. Woodard.. Upon call of roll, Mr. Avery, Mr. Barrow, Mayor Dietz and Mr~ Woodard voted in favor of the motion and Mr. Talbot abstained from voting. CityManager Holland informed the Council that there was a pro- blem that needed to he taken care of and asked City Engineer Fleming to explain~same. City Engineer Fleming commented as follows~ "This concerns the new Miramar Apartment building. ~he Contractors are aiming for an opening date in about two weeks. This apartment has a parking lot on the ~ast side as well as the West side. The one on the East side fronting on Venetian Drive will require drainage facilities in order to eliminate the necessity for the swale over there which has not proved at all satisfsctory. This parking lot drains to Venetisn and will have to drain down Venetian to the corner of Miramar. I would highly recommend the installation of two catch bssins and about 190 feet of sewer line. At this particUlar time the Cleary Brothers Contractor also has not only a gravity sewer line to go down that same side of the street but also a force main so it is going to be something of a problem .to get the three lines in the same location. Rather than attempt to' do this.with City forces I have asked Cleary Brothers for a price while he has the ditch open. A price to install .-t~his twelve inch concrete pipe plus the two necessary catch basins. ~ price,which he quoted is about $1,800.00 which is fair and rea- ~able in comparison with the contract price for the original in- stallation at this point. I would recommend that the Council author- ize the contract to be executed with Cleary Brothers to proceed with this installation from Contingency Fund." Mayor Dietz said that the drainage was necessary but objected to the cost of installation being taken from the Contingency Fund, that 'in his opinion it should come from the Street Maintenance Fund, and that the Council should be furnished with a diagram of the project. The Council was informed that there was a separate sewer fund within the Public Works Department from which the cost of this pro- .posed drainage installation could come. Assessment to property owners for a portion of this drainage installation was mentioned, but it was made known that his area had been assessed previously for drainage installation, but due to drain- age conditions at this time which resulted from construction of the apartments the additional facility was necessary. City E~gineer Fleming advised that the Contractor for the apartments had offered to pay an amount of $375.00 which was considered to be approximately half of the cost of material. Mr. Woodard asked if it was Council understanding that he would attend the meetings, as Council representative, with the Consulting Engineers and the residents of different areas of town, and was in- formed that was Council desire. Mr. Woodard asked City Manager Holland if he planned to attend these meetings and the City Manager appointed City Engineer ~eming to attend same as his representative. It wa~ sta=ed that Mr. Switzer and. Mr. Steinhilper of Russell & Axon would attend the meetings. -14- 10/4/63 Mr. Talbot withdrew~as Councilrepzesentative to work with the Engineers concerning the sewer project. Mr. Woodard and Mr. Talbot had been appointed in that capacity at the spec£al Council meeting of September 28th. Mayor Dietz asked again for a motion that RUSSell & Axon be in- structed that before the. paving is put on the streets the section to be paved be tested according to their contract and specifications. Mr. Steinhilper said the Engineers-had no objection to such a motion, and it was so moved by Mr. Woodard. The motion was seconded by Mr. Barrow and carried unanimously. Mayor Dietz said the City should be informed, in writing, of the results of the tests, which Mr. Steinhilper said was also usual procedure. The meeting adjourned at 12~30 P.M. by order of Mayor Dietz. R. D~ WORTHING, City Clerk APPROVED: MAYOR -15- 10/4/ 3 A meeting at 2:00 P.M., October 4th, 1963 was held in the Council Chambers concerning work schedule of SeWage Works Project with Council Representative Oliver W. Woodard, Jr., city Engineer Fleming, Mr. Jack H. Steinhilper and Mr. George Switzer of Russell & Axon ~$ng present. Mr, W°odard calledthe meeting to orderand commence4 as follows: "~ is a special meeting that has been called for the purpose of disc~W~ng with the Beach Taxpayers League a proposed schedule of work as r~gards the sewer project East of the Zntracoastsl waterway and its ~fect upon the tourist season. We have here as a repre- sentatSv~i~f the Beach Taxpayers League Col. Campbell,who has been author~9~, I understand, by the League to speak for thP~ ~s regards their fP~ing on thework during'the toUrist season Ea~'pf the Intrac0~al Waterway. The Council has recognized the' fact that we must be~gnizant of three things, specifically traffic~ ~0ise and unsightliness and we wish to coordinate our efforts wi~h the area residen~l~o determine what their wishes are as regards'work sched- uling. C0~? Campbell, I wonder if you would wish to state ~or us the positio~:pf the Beach Taxpayers League as regards the work scheduling East of .~he Intracoastal." Col.Campbell commented as follows: "After leaving the meeting this morning Mr. Thayer and myself put into action an emergency set- up that we have East of the Waterway and contacted as many of the people as we could, ~he entire Board and others, and I am authorized to say for that group who represent the majority of the people on the other side of the Waterway that we believe it is for the best of the City as a wholeo not only for the people over there, that the work be closed down no later than December first, that the work now under way be buttoned up so that as we go into the tourist season, which is under way by December first, thus giving the best appearance possible. We believe that we have the right to expect an outstanding -season based on the season that we had last year and complete accept- ance of what Delray Beach has to offer in the way of benefit to the tourists. We are well established and we don~t went anything to in- terfere with that. Speaking of tourism, we speak of Delray as a whole. We firmly believe that the Council in its wisdom and it was wise in setting up the possible closing down ~nder the contract the Engineers have so recommended, we would like to ask that Delray be accepted as a tourist spot as a whole. We firmly believe that we, the City, can work with the contractors with the possible exception of the one whose work is only on the beach side. If we give time to this project that is now starting we can furnish plenty of work, to a great extent, to be able to tell the Contractors that they in turn meet with us in good faith and try to work it out, without one nickel of expense to the City. That is our recommendation, that we live up 100% .to the contract and hope the City does not agree to any further expense than is now.set up in that contract." Mr. Woodard informed Col. Campbell that the Council is confronted with either a rescheduling of work by a contractor or a termination of work for a contractor, and with the thought in mind of resched- uling of work, there is one contractor that has all of the lift stations and the Council is trying to differentiate between the residential areas of the community and areas that have tourist rental~ or businesses dependent upon tourist business. Mr. woodard ~aid t_ha~'lift station No. 15 is t~ be constructed at the end of Lewis Cove and he understands that Lewis Cove is a residential area, and asked ~f the Beach Taxpayers League feel that Continued' construction in this residential area would be detrimental to the touris~ season, 10/4/65 Col.' Campbell said that the League feels there should be no constructioncarried on East of theWaterway~ whatsoeVer, during the tourist season, that many of'those residents have supported the action of the Council concerning the present system feeling'they could depend upon the discussions which were held at that time and there would be no work carried on. Col. Campbell referred to the contracts as they were written and felt they would bear out the point that it was tmderstood at the time that there would be no con- struction, and that it would be impossible to carry on work without it being disturbing. At Lewis Cove there would be trucks and noise which may also affect the residents across the Waterway. MaYOr Dietz said that it must not be overlooked in the'interest of Cleary Brothers that their onlywork was' on'the beach side and they could not be rescheduled.elsewhere, further, that Cleary Brothers in bidding on and getting the job in the beach area knew fullwell that'if they interfered with the tourist season they would have to cease work and they knew they couldn't reschedule work be- Cause they took a job for the beach area only. Barbarossa and Sons are in a different position in that he can reschedule as he has areas in which he can reschedule. Mayor Dietz said he hoped the Beach Taxpayers League would go along with the Lewis Cove lift station and he felt they would be very unreasonable if they didn't, that he would be in favor of allowing the Harry Pepper Company to work in that location as it would allow him to.utilize his equipment and men so that the Citywould not be charged. Mr. Steinhilper stated that Mr. Pepper had said he could finish backfilling and put a temporary road over lift stations 17 and 18 prior to November first and that'he had further stated'he could put in lift stations 15 and 16 prior to the first of December. Mr. Steinhilper said that he had questioned Mr. Pepper on'those last two lift stations. Col. Campbell asked Mr. Steinhilper:' "I would like to ask our consulting Engineer about the statement just made as to, and tie into Lewis Cove Station, if he believes that we could -- ! would want to take it by phone which I can do in a few minutes to the representa- tives of the League, if they COuld finish Lewis cove by'December first without questioning, holding tothat one for the moment." Mr. Steinhilper said he felt lift station 15 couid be put in by the first of December, but that he would question whether 15 and 16 could be put in by that date. Col. Campbell asked: "Could No. 16 alone be done between now and December first and'then fall back after December first on the Lewis Cove with the definite understanding that there be no tie up with the road down there:and it wouldbe _only the truck going back and forth. I am sure the people over there have no idea of just taking an arbitrary stand, but:'we don't want to'be kicked around." Mr. Steinhilper said he felt the Harry PepPer Company could put in lift station 16 before the first of December. C01. Campbell said: "And bUttoned-Up before the first of December. I will go to the phone and ask this question and I will ask it just this way so 6h~re will be no misunderstanding. That we back off of our position and go along with the lift station 16 being put in and finished up, cleaned-up, buttoned-up 100%, roads and everything else by December firs% with the thought of further going along wlth 15'to be done anytime duri~g'th~ season, or anY other time and buttoned-uP; as ~oon a~ possible." Mr. Steinhilper said he would like to get one phrase clarified and that is "buttoned-up". That in his terminology that would mean -2- 10/4/63 'that the lift station was in the ground, backfilled and a passable road put over it. CoZ, Campbell asked what the word "passable" meant, and Mr. Steinh~19..e..r said he used the word passable in lieu of a permanent road, ~his location would.have to be-dug out again ~ter the s~ason,~i~rther, that passable meant tamped with rockput on it and a surf~9!:Seal on top of the rock. That passablecondi~ion applied to sta~n~ 15, 16, 17 and 18. Co~ fiampbelI:Said he would go back to the original ~Uestion, that h%W~id get on the phone and ask as to Lewis CoTM. ii Ma~z ~ietz said they could possibly get lift stat~o~ !6 in.by the first ~f December with a smooth road, but not the'~i~al road, and mo e to lift station .and e=e, type o~iF~Pd Mr. Steinhilper was referring to was the 7o~ that would go'&round lift stations 17 and 18 because they a=e both in areas ~h~t everyone agrees are tourist areas and should'be cleaned up . by a certain date Col~iOampbell commented: "I understand,Walter, bu~ ~g there can be n° ~iS~derstanding, we are not discussing 17 and i~,'i~e are discussing 16 and 15. Lift stations 17 and 18 are part of the present program and included, as far as we are concerned, in the buttoned-up 100% aS of-~December first, sO let~s leave those two out of the picture entirely. I was trying to go a step further to try to get across t~at we don~t want to be unreasonable. You speak of 15. I personally, and ! .am speaking only for myself, I personally think we ought to be able to work out 15.' I agree with you on that, Mayor. If, instead of working'from now until December firston "15, and accepting the theory that 15 can be worked on even during the season without hurting anyone, leave 15 alone at this timeand take the time between now and December first to clean up 16, but that is when I say if we do that then button it up, button i.t up in 'the same way we are 'going to button up 17 and 18, and not leave a lot of stuff open." .. Mr. Steinhilper sai~ if 16 was put'in, a temporary road would be put over it because next year it would have to be opened up again, further, that a temporary road in his opinion is as good as most roads in Delray, with the 'excePti°n of ~N~' E. 2nd Avenue. Mr. Woodard said the Contractors are compiling figures of the cost of maintaining certain roads during the period of time the work is shut. down or rescheduled, as these roads have to be maintain- ed in passable condition. - CO1. Campbell said he had just received a message from the Beach Taxl~ayers League that 'they Want him~to take the position and maintain it,'.there will be no d~viat£on, whatsoever, from the position that he originally stated to th~ effect that East of the Waterway was to be bUttoned,up according to discussions'and according to the con- tract, but that he wouldllke.to call them back and'talk concerning lift stations 15and 16 with the understandingthat the work be done in the order that he has stated, which is prettym~ch in order of what Mayor Dietz suggested, but going a step further in that 16 would be done first and then go down to 15, aS he could personally see no reason where it would hurt to work on station 15. Mr. Steinh!lper asked if he could make a recommendation that stations 17 and 18 be buttoned-up completely and that the Harry Pepper company be authorized'to go on Station 15, and if it didn't m~et the deadline'there%~uldlbe no harm 'done, and let station 16 be delaYed until spring. Mr. Woodard asked if it could be determined what standards would be required in this clean-up, button-up process, if there was any standard degree of clean-up. Mr. Steinhilper said there could be certain standards set by which a contractor was expected to clea~-up, that he would be given a criteria of what is expected and after the contractor says that has been done, an inspectionwould be made to determine if it had been done satisfactorilyo Mr. Woodard then commented: "Would it be feasible for the Engi- neers to work up a schedule or list that could be submitted to the Council at our next meeting~ we meet this afternoon and Tuesday night with area residents and we can probably have a meeting with the Council and the Engineers on T~ursday or Friday. Could we pre- sent to the Council at that time, this recommended list that would be submitted to the Contractors for this clean-up,, button-up to get Council feeling?" Mr. Steinhilper said he saw no obj~ction to that. Mr. Woodard said that if the Council had any additions or sug- gestions they could make same at the proposed Thursday or Friday meeting. Mr. Steinhilper said that one of the big questions that should be in the mind of the contractor at this time is what condition would be acceptable for him to leave the surface of the street in and maintenance of same. Mayor Dietz said he felt the City could maintain .the streets cheaper during the time work was shut do~n than it would cost to have the contractor maintain them. Mr. Woodard said that item had been discussed at a meeting stairs in the City~Ha11 the other .day~a~d..the City Engineer had some comments to'make on the subject, and asked that City Engineer Fleming comment on same. City Engineer Fleming commented aa follows~ "My objection was twofold. For one thing it requires addi~ionat man hours from the City, and the street crew.at this :time is pretty well scheduled., and that is not just an occasional thing if you look at the streets. They require a good deal of maintenance~ Then you run into the overlapping of the responsibility of the contractor. He says he didn't find the streets in as good a condition as he left them --- who did this or that, the City or the contractor? The contractor also seems to feel that it is better to have the responsibility all on one side.** Mayor Dietz again stressed the point that the City could main- rain the 'streets cheaper than the contractor, and that there should be enough flexibility in the City operation to meet the situation, further, that the ~oint he wanted to make was to maintain the streets the.cheapest Possible way to the City, and that the City has to assume cooperation and responsibility. City .Engineer Fleming brought up the question of insurance. The contractors are supposed to maintain a~l City property in a manner that will hold the City safe from any suit, and if the City takes over any maintenance of that there would have to be some under- standing .with the contractor that he not be held for damages. Mayor DietZ said the contractor has his insurance and protection and the City has their insurance and protection and that there would be an overlap on every street that is being worked on, that both the -4- 10/4/63 City and. contractor are insured and protected.' Col. Campbell returned from making a phonecall and commented as follow~ "We will go along with the Cove, with No. i5 as re- queste~, With the, th£s I want to Stress, the very clear cut definite unders~aD~ng that in trying tocoOperate, in fact we spoke of t~ying to get~out of the way'too which I think 'indicates t~&t 'we do Want to co0psTate, we don't want t~ take just an a~bitrarys~and and then start f~hting if We have to. wa'will go alo"g with the UnderStand- ing that'when we use the word button-up, clean-up we are trying our best to USe the English language, as we hope it will be understood. Clean-up ~eans as of the f~rst of December. 'We have ~hat part of the to~ ~ack in working shape as if it had never been ~ouched or had bee~ ~proved'by the 'touching. The question was jp~t asked of me now, we have this pipe laying all ~over'the.area in b~tchee of a dozen ~ some cases along the road. T~ey have done a beautiful job of getting:set in that respect but a lot of the people~re objecting to that~ 'Zt is laying in their yards, etc., now, whethe~ it £s in the%r ~ards or in the right-of-way. A lot of them have gotten, in the'habit of accepting what actually is the right-of~waY as ours. Ail over the City we do that, we carry our lawns out to 'the pavement, etc. °~9 ~ing that has just been given now is the usiog!'of the heavy 4~yYequi~ment, that they are not paying anyres~eCt to whether they knock Iimbs off the side of trees, and I am asked to bring that to your attention. That is on a City wide deal. The' same equipment could be handled in a different way than'it'has been handled in many places, that a lot of damage has been done and we, the City, have spent alot of moneybeaut'ifying here in the last three or four years and a lot of it is being knocked out the door. But getting back to Lewis' Cove, that is the"WaY I am asked to-give it to you." Mayor Dietz said they could not take stations 17 and 18 by December first and put them back as if nothing had happened, that'it would be impossible because there is a lot.of work that will have to be done after April first of next year. He asked if it would be satisfactory if the road was put back so that it wasa convenient road to travel? Col. Campbeil answered= "Speaking for myself, I think the languagethat'I'jUst used before of expressing Someone's being ' afraid as 'to .what might be left, rather than the common sense ap- proach would be that you could, for instance, drive down Andrews Avenu~ where No. 18 is going 'in and you wouldn't have to come to a dead stop to 'get across that~particular part, that'~/~.road that is put in would be usable. I go back to Second Avenue again, which is one of our main thoroughfares and which we are using at the pre- sent time and which has the indication of being buttoned-up, would, not be acceptable. I don't think it should be acceptable as Second Avenue." Mr. Steinhilper said, going back to station 15, that it could be'put in'and restored to a condition where it w0uld not incon- venience or exercise a great inconven~ence on anyone using that area, that he believed those conditions could be very eaeily met. Mayor Dietz said that he meant lift station No. 16 could be com- pleted and work in the Lewis Cove area couldleven be done in'February, furthe~,"that stationlS~would give a little flexibility to utilize Harry Pepper's'serviCes. Col. Campbell commented= "I would like to go back and clear up one point"that the Mayor just made here. In approaching it just now to the group, I didn't approach it on the basis t~.~t we work through the winter,~ I.aPProached it on the basis tha~'~he suggestion was made that it be cleared, that the job be done by~Deoember first." -$- ~0/4/63 Mayor Dietz said "Not on 15, then call them back because that is the thing that gives us a chance of flexibilitywith Harry Pepper Company and it is the only one that gives the chance." Col. Campbell answered= "Right next door to where the station will be going in is a very expensXve home that was bought within the last year and our position there is that he is entitled to the same protection that we are asking for the other areas. He would have no basis for objection if we go ahead on the December first deal." MayorDietz informed Col. Campbell that what he thought had. been planned was that stations 17 and 18 would be buttoned-up, that sta- tion 16 would not be started, but that~station 15 which would not inconvenience people would be built and completed. Col. Campbell said that, speaking for himself, he could see no reason why station 15 could not be worked on, but the original re- quest was that station 15 be O.K. by December first, and that he would have to stand on that, that 15 be O.K. and out of the way in the same manner as 17 and 18 by December first. Mayor Dietz insisted that station 15 would not interfere with tourism and by allowing the Harry Pepper Company to complete that station it would not be setting a precedent for the area West of the Waterway. Mr. woodard commented: ..".If wa can be allowed to schedule work so that it interfers as little as possible, that construction con- tinued is only in residentialareas, areas that are primarily for the purpose of residential areas, and reschedule work OUt of areas that are strictly tourist areas, we felt this Lewis Cove area was strictly residential." Col. Campbell answered: "I am only giving you what.! am author- ized to give and any~idecision .that you make over and beyond that, I want to emphasize the fact that I have no authority, only as I re- present the League. I have no authority City wise, but I would be glad, when asked, to sit in to advise on any of it but not to take any authority to myself or even to the League. Whereas, to tell you what-we would like, this is what I .have been authorized to give you. I personally was willing to go back on the basis-of 16 and 15 with the hope that we could..clean them both up, bu~ when the Engineers and Contractors themselves indicate that it can't be done, then we would be silly to stick our necks out and say yes and see if we can't clean them both up. I certainly don't have the authority to do that 'where the Consulting Engineers tell us not to do it~ I am certainly sitting back and saying no, and the contractor.goes along with it." City Engineer Fleming suggested authorizing work on both stations 15 and 16 .with definite orders to clean up 16, and if they didn't get to 15 there would be no harm done, to .which Mayor Dietz said that he-would,rather trade 16 for the privilege of finishing 15 and not take a chance, as there is a lot of water involved with station 16, further, that overhead wires are specified which will have to be changed to underground-wires. Mayor Dietz stressed the importance of there being continuing work in the beach area in order that there may be continuing work West of the waterway, and without that it would be almost impossible to work out a solution to the problem. Mr. Steinhilper asked if~heywanted to talk abo~t the overall criterion of the sewer lines orof the sewer lines and lift stations both, at this point. Mr. Woodard said they~w0uld like to.ts1k about anything in general. Mr..~Steinhilper said he thought the same criteria should apply toboth, and that when Cleary Brothers have laid the sewer lines, the portion where they cannot put permanent paving inshould, be put in a degre~ where it is passable and does not create an i~convenience to traf~io. Mr.W~Q~ard asked of Mr. Carnahan of Cleary Brothers= "Is that what yo~ assumed, that the areas where youhad completed the lateral'l~s~ those roadswould be put in an acceptable, passable conditioni ~ot finished paving but so the streets could be traveled easily,~'~t would then be determined whether the co, tra~tor or the Cit~:~F both would, be responsible for the maintenance ~f them.' Mr. ~ahan of Cleary Brothers Construction Company Said that in the ~' where they have lateral cuts or house services that are not'~9~ed at this time, that some had been impossibl~ ~o accom- plish o~.'%~ount of weather condit~ons, and that'~he fe!t~eywould not be ~j' to complete all of those areas by a Novembe= ~rst dead- Mr. W~ard informed Mr. Carnahan that theywere no~ ~eaking of a fi~$~d pavement, but some type of surface that W~i~ continue the roa~a?~n passable shape, as in some areas where the'li~es had not been tested it may be necessary to dig into the roads again, and asked Mr. Carnahan if he had anticipated putting in the finished pavement. ' ' "Mr. Carnahan replied that if conditions were good that they planned to.. Mr. Woodard asked if they planned to do thatprior to testing to which Mr. Carnahan answered "yes." Mr. Steinhilper said those lines could be tested very easily. Mr. Woodard commented= "Of course, then wa would expect you to proceed'as rapidly'as possible to test and put in paving inthose areas where it is feasible to do so. Now, in those areas where you are not able to put in a final pavement, but where the roads are torn up, what type of a pavement is anticipated in those areas, what type of a finished surface is anticipated?''~ Mr. Carnahan said that what has been done is to compact them, 1" lime rock put in and compacted and an oil seal, and that he considers this to be more than a passable condition. Mr. Woodard asked the Clty E~gineer= "Mark, from the City's standpoint, if the City takes upon itself any maintenance responsi- bility, is this the type of finished surface you feel would be as easy to maintain as any?" City Engineer Fleming said that anything beyond that procedure such as slurry seal would.be an additional expense and that he would notrecommendit if it could be done without. Mr. Woodard said that if there was a temporary work stoppage, that is the condition the Council would expect the roads to be in, fully compacted with a base material and an oil seal and that it would be maintained in.that condition by whoever was responsible for maintaining it. Mr. Carnahan said there would be one excepti°n, and referred to a previous meeting on Saturday, September 28th, they had been direct- ed by letter that on any future work they were to do they were to leave their base coarse one inch iow, below the adjacent pavement, therefore, they had plannea to finish it according to instructions -?- 10/4/63 and see that there was a one inch depression there. Mr. Steinhilper said that for the purpose of suspending work, all of those places be finished not leaving that one inch depression. City Engineer Fleming suggested that Cleary Brothers Construction Company be permitted to put on as much of the asphaltic concrete as possible, even though the line was not tested, that there would be less cost in tearing up of a small portion that might have to be torn up.again than there would be in additional maintenance where it does not have the asphaltic concrete. Mr. Steinhilper said to disregard the testing, they would do that, there was no doubt about it, and the amount of testing or the time required in testing the lines is negligible as it is all infiltration. There are no exfiltration tests to be done in that area as it is below the ground water.level. The question now, is how to leave the road surface, and to him, if the one inch depression is left, he felt trouble is being asked for, that the pavements should be leveled out and as much of the permanent pavement put back in as possible, and in lieu of that,.some type of finish that would make a smooth surface, otherwise, it would present a maintenance problem. Mayor Dietz suggested putting in eight or nine inches of rock where the pavement cannot be finished before the tourist' season starts, and on those few streets there would be rock removed when the final pavement was placed. Mr. Neff Suggested that the contractor be required to put the final pavement in in all of these areas, as his experience had been that temporary pavement was never satisfactory over a.long period of time, and if the contractor is not going to dig up the area again, he sees no use for temporary pavement, further, if work was put in according to specifications and properly compacted it could be paved the day the cut was finished. Mr. Steinhilper ag=eed with Col. Neff in that respect and said it should be a target to aim at, but that weather conditions would be a big factor in doing this. Mr. Woodard asked= "As of today, if we targeted the construction, which is now completed, that is putting in a final paving, would the majo=ity of the roads that are torn up now,.assuming that the weather holds, could the majority of the roads be put into a final paving form? What percentage of them would be paved final, and what per- centage would be temporarily paved, can you determine that?" Mr.:Carnahan .said that to determine the actual number of square yards of paving that would be completely installed at that time, or even on a temporary basis, that he would not even venture a guess. Mr. Woodard asked if the majority of the roads were in shape to proceed with the final paving, to which Mr. Carnahan answered that a week ago he would have said that they were, but today he would have to say no, that there is a considerable amount of work to.be done on several of the streets. Mr. Neff stressed the importance of all streets possibly being paved in their final form, and the City having a good appearance for the tourist season. Mr. Woodard asked Mayor Dietz if in a.meeting recently, the first of November had been indicated as a clean-up time, .to which Mayor Dietz ag=eed. -8- 10/4/63 Mr. Neff said that Mr. Osteen had made a good suggestion, that in aiming at December first for clean-up time the inspection should be made on NovemberlSth and that would give sufficient time for the final ~9~-ups. Mr, W~dard~'commented= "At our meeting next week, ~8~uming that' we hav~ ~"9 at the end of next week, we 'should come bao~ ~0 the council ~h the'recommended changes instead of October~'lmth, Novem- ber lSt, h~'!a~d instead of November 1, December l, forcle~nWup and Col~ ~mpbell said there had been discussion concer~ stoppage of work~October, then November and now December and ~9%~ertainly hoped th~would not extend the time further. Following further general discussion, Mr. Woodard ~9~m~?nted as follows~'~'~I believe we have the intent of everybody heF9 ~hat construction East of the Intracoastal Waterway be terminated as of the fi~f December. This is the Beach Taxpayers League stand with the PoS~b~9 exception that some activity at ~ewis Cove'that may not interfe~'~th~ the tourist season. , Col. Campbell said they would go along with Lewis Cove 100% as long as it was cleaned up by December first. 'M~. Frank Osteen commented as follows~ "NoW~ you,understand that we have not at any point, I want this straight'~ the Consulting Engineers have not recommended'.t0 this City that you' do any of'these things. We are just listening. We are sitting here as your agents because I don~t know what you are going to run into and I don't think you do either. The expression Of the Beach Taxpayers League, as reflected by Col. Campbell, is that December first no activity on the Beach, whatsoever, in that whole area. Is 'that correct? Col. Campbell: "And that it be done without one penny additional cost to the taxpayers." Mr. Osteen= "Nobody can guarantee that." Col. Campbell= "I mean that is our recommendation. We are try- ing to interpret this contract, not continuing to pay the additional money to the contractors, but we are saying to interpret the~con- tract as we believe it was intended to be interpreted when it was written, that there wouldn't be." Mr.-Osteen commented= "The Mayor made a believer out of me on attempting to follow this contract, believe me he has, and I agree with him. I think he is right on following the contract. This con- tract says specifically that the City Council of Delray Beach can reschedule this work. Isn't that right? Alright, now it would seem to me that this situation of shut down on the beach by December first, the Council will presumab!y vote on that. Is that not right?" .Mr. Woodard= "Yes. The purpose of this meeting is to get the expressions of the area residents. We are not making any decisions... Mr. Osteen: "I want to go a little bit fu=ther than that though. If the Council votes ~yes~ on stopping everything on December first, then I feel that our job as Consulting Engineers is to carry out the wishes of the Council, to see it is stopped~ to see it is cleaned up, to see that it ~eets the needs of the citizens at the least possible cost to everyone concerned, and this we will do. I think the first thing you have to determine though'iS that the majority of the Coun- cil is going to say that they will stop everything once beach, I mean that it is finished, is cleaned up by December-first, because 10/4/~ obviously you aragoing to have to stop sooner in order t° be sure you are cleaned up by,then. If you .say yes, this,is what we are going to do then, we can really start to talk because the next thing is you exercise your prerogative under that specification in that contract and you notify the contractor under the terms of that particular paragraph in General Conditions that you are taking this action, then.it is up to him to Come back to you and say .I don~t like,it, and he has a 9effect right to put in any claim he wants to, that is his privilege as a citizen. You donJt have to say we are going to give it to you." Col. Campbell commented= "! have to leave, but ~ would like to make this point very clear, that we the League are not taking to ourselves in any manner whatsoever the prerogative of saying 'close downj but we are asking you~the Council, to give consideration to closing down and the responsibility of closing, the responsibility of any extra money to the Contractors that you decide will be paid is yours, not ours, and we don~t want at any time for you to fall back,on our recommendation that you close down and say ~we are closing down and it iS going to cost us so many hundreds or thousands of dollars because the League insists on it~. We are asking you to do it because we think the contract gives you the right to do it and because we believe it should be done." Mayor Dietz said that the Council in its judgement must evaluate ev~rything that is presented from each of the areas that Mr. Woodard holds meetings with, and ~hat each member of the CounciI should form his own opinion. The meeting adjourned at 3=10 P.M. R. D. WORTHING City Clerk. Informal Meeting of Councilman Wood&rd with area residents South of ..A.,tlantic Avenue and west of ~.the Intracoastal Waterway. . A meeting was held in the Council Chambers at 7zO0 October 8th0 1963, concerning work schedule of Sewage Work~ 'Project with Council Representative Oliver W. Wood&rd, Jr., City E~g!neer Fleming, Mr. Jack H. Steinhilper and Mr. George Switzer of Russell & Axon being present. This meeting was with residents in t~ area South of Atlantic Avenue and West of the Int~acoastal Waterway. Mr. WoOd&rd called the meeting to order and commented as follows: "A week ago the Council determined that it would be beneficial to us if we could have the benefit of local area~ residents' thinking as re- gards the scheduling of sewer work and how the tourist season affects their specific areas. There are idiosyncrasies as to beg~nning and ending dates in your particular areas and with the thought ~in mind that we would like your thinking as regards the scheduling, we have scheduled three meetings, one of which has already been held with the Beach Taxpayers League, this meeting now for you area residents SOuth of Atlantic Avenue, and at 9:00 o'clock we will meet With area residents North of Atlantic Avenue. We have with us tonight re- presentatives from Russell a Axon, Mr. George Switzer and Mr. Jack H. Steinhilper, who are the Resident Bngineer and Inspector on the job. Primarily we need to know first of all what the critical be- ginning date is as regard to the season and when you feel that it would be most desirable to have the town, the streets and the ap- pearance of your 'area in adequate appearance, so you will not be adversly affected in the tourist season. This is Just an informal discussion, so if any of you who would care to comment on this would come up to the microphone and give your name and a~dress and-whatever your thoughts are on this, we would certainly appreciate it. The floor is open for discussion. Does anybody have anything specific that they would like to say on the subject?" Mr. Cliff Baker, 409 S. E. 7th Avenue, said there were two problems he was interested in. That the regular sewer lines and the pressure lines had been installed in that area and he wondered why the lift station to be installed ha~ not been done at the same time while the area was torn up. Also, that he was in the real estate business and in renting properties in that area asked what the street condition would be in regard to travel and dust. Mr. Baker said he considered the Tourist Season as starting the first of December in that area of town. Mr. Wood&rd asked Mr. Stelr~_ilper to comment on Mr. Baker's question of why the Lift Station was not installed at the same time the sewer lines were installed in the area of S. E. 7th Avenue and 4th Street. Mr. Steinhilper explained that these two different phases of 'the sewer construction involved two different contractors, and that for the contractor installing the lift stations it was more feasible and economical to work at the locations he had been working at rather than the one Mr. Baker was interested in.' Mr. Stei~hilper asked a Barbarossa' representative what his estimated completion ,time was on Lateral l-A, Lateral 1-C and a portion of Main 1, The Barb&ross& representative said they could not do Lateral 1-C until the whole section was completed as there are live sewers in that area now, further, that everything they have to do in that area, other than the things they couldn' t start now, 7th Avenue and al! would be completed, blacktopped, and everything, b~ore December first. ~26-L Mrs. William T. Withers, 114 S. E. 5th Street, (Lot 18, Block 6, Osceola Park) asked if there hadbeen a sewer connection 5o the unimproved property of a relative of hers at 122 S. E. 5th Street, (Lot 16, Block 6, Osceola Park) also, if s. E, 5th Street would be paved soon. Mr. Steinhilper said he would check to be sure there was a sewer connection for Lot 16, Block 6, Osceola Park, and that the street would be repaved before December first. Mr. Woodard commented as follows: "A separate and distinct problem that we have here in addition to determining when we are going to complete a specific area or when we are going to re'schedule, is · degree of clean-up and police-up and all of ~hose things related thereto. We have anticipated about a two weeks period between the time a contractor reschedules work in a specific area and the time that we anticipate having the area presentable for the tourist season. Hypothetically, if in a specific area, the first of December is anticipated to be the critical date then the ISth of November is when construction would terminate, and between the 15th of November and the first of December ...... we are-in the process now of setting what we consider the criterion for the degree of clean-up and police- up, etc., and we will check with the contractors and see that the area is presentable. A statement which was made at one of our last meetings, which I think maybe is something that we want to consider, is that in those areas where a lateral line is complete and is in the ground and where construction appears to be in the final stages, I think it is going to be desired, and if the Engineers will correct me on this, we will attempt to have these roads put in final form if possible. As much of the paving in its final form as possible. If it is not possible to put the paving in final form, then the surface that will be put on the roads will be compacted as hard as possible; and on top of the hard compaction an oil seal to keep the dust down which' is probably a problem in your area. Right now you have a sur- face which you can drive on but it is dusty, dirty and bumpy and is not quite satisfactory for the tourist season. These piles of sand and debris and all of these construction left overs will be cleaned up prior to this date, during the two weeks period of time. Is there any other specific problem in the area South of Atlantic Avenue and just west of the Intracoastal Waterway? Any other ideas as to the beginning date of Jfirst of December being satisfactory. I can't g~ve you any specific criterion yet but we are considering that will be worked up, I hope, by the end of the week. we should have a Council meeting the end of the week and I hope it can be considered at that time. What we are faced with here are.two possibilities. There are three critical contractors on this specific problem0 and we are con- fronted with.either rescheduling work or shutting work down. Our desire,of course,is to reschedule the work so the Contractor can take his crews and equipment into some other area in town and not waste any time, so the longer we can work in a specific area that is satis- factory and it is safe to do so and not adversely effect the economy of the area is the most desirable thing. Apparently the first of December in this area is the time that we are considering." Someone from the audience asked if it had been determined that as of December first everything East of the Waterway wOuld be cleaned up. .Mr. woodard answered that there was one or two possible excep- tions to that., hut the first of December was. conside=ed to be the target date for shutting work down East of the Intracoastal. That the one exception he could think of may be the lift station to be installed at the foot of Lewis Cove. Mr. Ted Johnson, representing Tahiti Cove Apartments on Venetian Drive, and personally owned property on Nassau Street and Venetian. Drive, informed Mr. Woodard and the Engineers that about " -2- (informal 10-8-63)' 426-M 98% of the property in that area wes rental property, further, that he planned to open Tahiti Cove Apartments the first week iN.November and has tenants coming to his own apartments that week a!~o. Mr. woodard asked about the lateral construction on Venetian Drive and Mr. Steinhi!per answered: "This line from Venet!e~ Drive to the lift station has not been completed. The line from Ingraham to Nassau has been, almost to the manhole in here. This Ii~e is sBpp~sed ....... It is going to be a recommendation to Council,' that they finish these cuts,' pave it, get it back in a buttoned up condAtion, and we mean by that, cleaned up and pavement replacement-- back' in place. Xf the Council decides that %hey will do thi~ .... p~r~t them to work until the first of December, this wild.be done p~ior to the first of December. If the Council decides not~'to let them work past the first of November, then it will just cut short th~at construction period and they will button the thing .up prior to ~ba~ time'." Mr. Johnson said at the rate the Contractor is going, through no fault of the Contractor, it would be the first of April before they could get to Caeuarina Road. Mr. Woodard agreed with Mr. Johnson that a bad condition existed there. Mr. Steinhilper commented: "Mr. Commissioner, it is my opinion that the Council will either decide on your recommendation as to cutting and ceasing work either the first of November or the first of December, and this will be stopped regardless of where it is as of a certain date, or 15 days prior to that certain date, for the last 15 days will be devoted to clea~-up." Mr. Woodard remarked that Mr. Johnson wanted.to be on record that November first is his critical date instead of the first of December. Mr. Sidney Sprui11 of the Venetian Apartments stated that their rentals started in November. Mr. Woodard said this meeting with the residents of the South- east part of town would adjourn as he felt their feelings had.been expressed, and that the meeting would resume at 9=00 P.M., with area sesidents North of Atlantic Avenue and West of the Intracoastal Waterway. 9~00 P.M., meeting,'October 8, 1963, with area residents North of Atlantic Avenue and West of IntracoaStal waterway. Mr. WoOdard called the meeting to order at 9:00 P.M., and commented as follows= "As you know, this meeting is scheduled for the purpose of considering specific aspects of our tourist economy as they affect different areas of our town, and at the moment ~'e are considering the area, the mainland area West of the Intracoastal Waterway and No'rth of Atlantic Avenue. We have here tonipht for your convenience the Engineers, a few of the Contractors and some maps that indicate the estimated construction, what we anticipate, and we would like to find out from you what you would consider critical dates and critical streets in your areas and how we can help solve your problems aa regards the tourist business. I will open the floor at this time for any of you who wish to come up front, and if you will, for the record, please give your name and address and that way we will have in the minutes your specific thoughts in regard to this problem. Anyone who wishes to come forward.at this time is certainly -3- (informal 10-S-63) welcome to. I might ~reface anyone by saying this: Originally we · had thOught that perhaps'the first of Decemberwould be a realistic date for considering the. beginning of the tourist season 'in this are~ particularly on 7th Avenue and between 7th Avenue and theIntracoastal Waterway and from At~antic Avenue and 8th Street. ! have spoken with a few people who have indicated to me that they thought that on 7th Avenue the first of November might be considered a critical time. What is your feeling in this regard. Do you feel that the first of December ..... ! might say too, that our purpose is to determine where the contractors can best spend their time. We want to work with the Contractors so they can schedule their activities so it won't inter- fere with the tourist season and the longer we can keep them'working and the more coherent their 'work is the more beneficial it is to everyone concerned. Do you feel that the first of December would be the proper t~me here, or what is your feeling on that?" Mr. Michael FitZgerald of the Sharon Apartments to which tenants would come from the first to the_fifth of November, further, that he had received a letter from a person who had placed a deposit on one of his apartments asking for their deposit 'to be refunded as they had heard the streets were all torn up. Mr. WoodardCommented= "That is theimportantfactor here. I might also state at this tim® that there are two considerations here actually. The one consideration is the date that we might arbitrarily set as what we consider to be the inlt~al critlcal date here, and the second one is the period of time that will be involved in cleaning the area up to make it presentable for the tourist businesS. We recognize the~fact that in most of these areas there is perhaps debris and piles of dirt and just normal construction in the area, and what we have anticipated is that there would be about a two week period of time between which time the contractor would'cease his con- struction activity in a particular area and the time that we. would get that area cleaned up, buttoned up and presentable before the tourist season. In those areas where construction is completed, lateral lines are Under the ground and where it is feasible and ' possible, what we are anticipating is encouraging the contractor to put in a final and finished pavement so that it is not just a tempo- rary road which you might be driving on at the moment, that is a dirt road that is dusty and undesirable from a finished standpoint. The Engineers,.a~ the moment,are in the process of drawing up for us what they consider the criterion for presentation to the contractors for what we would request of'them to be done as regards cleaning the area up. Are there any factors that you feel you would like to in- troduce at this time that you want us to consider in scheduling this work?" Someone asked why the City COuncil was not present, to which Mr. Woodard answered: "The City Council asked me to represent them to- night, rather than the entire Council. This is Just an informal meeting whereby-----several meetings have been scheduled with area residents in a specific area, and we are taking minutes of this meet- ing which will be put in form. That is why I am ~taking the trouble to take your names and addresses. At the end of the week your re- commendations will be presented to the Council and at that time the Council will take them into Consideration, present to the-Engineers our request of the Engineers and in turn the Engineers will turn this over to the Contractors." Mr, Stanley Fraser of'109 Fern Court stated ~hat the sewer lines had been laid in their street and it was an inconvenience with things torn up in that manner, but he did not think the inconveniences for the City of Delray Beach were any worse than the widening of.the Federal Highways had been, and that he didn't think the inconvenience to apartment owners, etc., warranted the City spending the amount of money, to stop the sewage project construction for the season as had been statedin the newspapers.. -4-~',., (informal 10-8-63) 426-0 Mr. Woodard commented= "You are probably referring to a ~igure of about $75,000.00 that the newspapers carried. You are ~bsolutely right, and this is not what it would cost the City to acco~0~ish what we are hoping to accomplish. There are two things that ca, be done here. When we originally wrote the general conditions of the contract, we w~ote into the Contract in four different places that we =ecognized the fact that Delray's economy is based primarily on the tourist season, and that the City Council reserved the right to re~bgdule the co~struction and the work in the town as it deemed necessary~so.that the Contractors would reschedule their work not to interfe=e with the tourist season. Of the number of Contractors that are involved here th~ is only one contractor who cannot reschedule work PeF se. In other words, all of his construction activity is east of the ~ntra- coastal Waterway thereby not giving him any place to resch#~u%e and he would have to be shut down. The other Contractors can resohedule work. In other words, if'they can take a crew and move it from one section of town into another section of town that would not adversely effect the tourist season and is beneficial to us and not 'detrimental to the contractor, so this is what we are trying to work out. This $75,000.00 figure that you have seen is not a final figure. This is an initial presentation to the Council of potential estimated cost on the part of the three contractors. I would say that it is maybe in the neighborhood of three t~mes the expense. I am just pulling this figure out of the hat, but perhaps this is three times what-we might actually realize by way of expense. I don't think we can use that figure of $75,000.00 but we have felt this, that some expense would be justified in preventing the community from losing its tourist season. The thing that brought this to a head was primarily- ...... (Mr. Woodard displayed a map) a few weeks back the engineers presented to us, at our request, an estimated construction.schedule for the re- maining portions of the project, which is this map, and the facet of this that concerns us particularlywasin the area from Atlantic Ave- nue. north, east of.the Intracoastal waterway which indicateshere that constructionwould be going on over this entire area during the months of November, December, January, February and March, which means that the entire beach area, which is our primary income producing area, would be torn up to the extent that it would be impassable. Also the area between U. S. 1. (6th Avenue) and the Intracoastal Waterway was scheduled for a completion date in November and December. Our feeling here was that by telling the Contractor that_in a specific area of town that this particular street or this specific area it is important to the Community that work be completed by a.certain date. Whatever work cannot be completed by that date, withhold any further construc- tion until perhaps the first of April, and then .on the first of April you can begin construction again and complete it during the summer months." Mr. walter Seymour, a property owner in Delray Beach, but not a resident of Delray Beach, ea~d it was his understanding that there would be no sewer-construction going on during the season, further, that he did not approve of the contractors being paid large sums of money to cease work. Mr. Woodard explained that any funds being paid for stoppage of sewer construction work would not come from the general fund,~hereby increasing the tax millage, but would come from the sewer bond money. Mr. Woodard explained further: "Here is another, facet of it, that is if the contractor is arbitrarily shut down, that he has the right to $100.O0~per day penalty plus the fact that if he is shut down for over ninety days he has the right to terminate his contract, that the city owes him for whatever amount of work that he has com- plo.ted, that he can withdraw from the Job, and the City would then be pgt in the position of having to go out and rebid the Job, get new court, acts, start all over again from scratch in that area and you would have a time delay ithere and th6~ would probably be quite a penalty in the amoUnt of the contract.' You cannot flatly say, and it is not the intent of the contract, that all construction will cease during whatever period of timeyou might Consider to be whether that is the first Of November or the first of December up until the first of April. The protectiOnin the con~ract was that we have the right to reschedule work that in our minds interferZ~d with the Tourist Season. You have to keepin mind the dieti~ction between rescheduling and termination of work. That is what we are doing here tonight. We are attempting to reschedule, and in order to reschedule we have to determine what dates are important in what particular areas of town. In most portions of the communitywe feel that from the first of December till the 'first of April is the season, so that iS more than the ninety day 9eriod of time that is protected by the'Contract, so it means that we have to have the maximum of cooperation between the City and the Engineers and the Contractors. EverybOdy involved has to get togetherand work this thing out so that it is mutuallY beneficial. ~etting back to this specific area here, if I am not mistaken, the f~eling on 7th Avenue is that the first of November is the time that your rental period begins, and am I also correct in feeling that the area between 7th Avenue and the Intracoastal Waterway is critically affected by the first of December." Mrs. Prank Doman of N. E. 7th Avenue said the rentals in that area were about half filled-up early in November and the next group of tenants usually came after the first of January, but that all during the months o~ November and December the streets should be in good condition as'the real estate people Showed the rentals during that time, further, that She felt if any construction started on 7th Avenue at this time it Would not be completed in time to not affect their tourist rentals, and would prefer that sewerconstructton there be delayed'until after the season. Mr. Woodard commented as follows= "I wonder if it would be possible for one of the. Engineers or possibly the Contractor here representing Barbarossa & Sons would care to comment on the possi- bility of completing construction on 7th Avenue by a specific date, say the first of November or completion of this area by the first of December. Would the resident Engineer for Russell & Axon care to comment on that." Mr. Steinhilper answered: "A proposed schedule has been worked out to be presented to the Council, and for the benefit of the gentle- man who had the question a while ago, this would be at nc. cost to the City~ that is no additional cost. The Contract would have no penalty to the City~ ?th Avenue, both North and South, be started immediately and be completed on or before the first of November. This completion means that it would be completely paved, construction reSidUe be re- moved, sod and other items be replaced. Other areas South of Atlantic Avenue and East of 7th Avenue would be completed on or before the..firs' of November. 7th Avenue would be completed at any rate." Mr. Woodard said therewas a contractor present who was respons- ible for that and asked if it was possible for him to complete 7th Avenue, getting the pipe in the ground and getting the street paved by the first of November? The contractor said that was providingthe good weather held out. Mr. Walter Seymour said there were contiguous areas where the sewer construction would tie into 7th Avenue, and he saw no particular advantage to doing 7th AVenue atthis time and having construction tieing into it at a later time, Mr. Woodard answered: "What we arespeaking of is going through .... and doing 7th Avenue. Putting the pipe in the ground and putting a finished pavement on top and then workingoff of 7th Avenue', working -6- (informal 10-8-63) between ?th Avenue and ~he ~trecoastal waterway between the first of November and the first ~f'December." During further ~.iscussion, ~r. Fitzgerald said their rentals, for one reason or another, had not been too good for a year or so and hoped that the gewer construction woul~ not interfere wi~h them this year. Mr. Steinhilper said= "Tth Avenue all the way through, both North and South, will be completed prior to the first of November of this year. That portion South of Atlantic and East of ?th Avenue will also be completed prior to the first of November this year. BaFbarossa has proposed that all of the area East of the railroad will be done prior to the first of December of this year. These will be drawn up, as the Commissioner says, and presented to the Council. If the. council so instructs, that all construction he stopped at the first of November, then everything will be buttoned up and cleaned up as of that time, and the contractors will be allowed to go back to work on the first of April. If they allow, in certain areas, in this rescheduling to let them continue to work which is not considered at this time to affect the tourist trade so much, then those areas will be considered rescheduling for the period of the first of November to the first of December." Mr. Woodard explained= "What we have done here is.that the Engineers have actually gone out into the field and they have shaded in these green areas' on the map here w~ich are obvious rental units or apartments or co-ope o= whatever, the case,may be~' ei,ther..a place: of business which has-a:'sign or that are obviously strictly tourist locations. There may be residential pieces in through here which an individual has a home that he rents out for the tourist season that we don't have any way of k~owing, but at least we attempted to de- termine those areas that are most critics1 due to tourist business. That is what we have been focusing our attention on at the moment on 7th Avenue. Barbarossa is the only contractor for the lift sta- tions, which is an electrical contract rather than a mechanical con- tract. There are no lift stations on ?th Avenue. Barbarossa has subs, of cours~ but he is the only prime contractor and there is no other outside influence that would tend to delay a date that he would set." Mrs. Doman asked about sewer installation in the alley North of 4th Street and between 6th and 7th Avenues, and Mr. Steinhilper said that job could be finished in two days. 'Mr. Woodard commented:- "The advantage of rescheduling is that Barbarossa or any other cOntractor can take crews off of some other facet of their construction, and if they know that there isa critical area that should be completed by a certain date, they put- all their crews in that area and complete it,~ and then they go some- where else." Mr. Seymour mentioned the sewer construction in the vicini- ty of the Catholic Church and the inconvenience it is in that location. Mr. woodard commented as follows= "At a meeting which I hope we can sched~ for Friday. of this week, I' hope that we can re- '' solve, somehow, the finished paving of 8th St~eet, Second Avenue, and of S~inton Avenue, as particularly bythe. Post office the pavement is in. terrible shape and if we could have ~n~ Avenue and 8th Street and perhaps Swinton Avenue. It will take a few weeks before they finish the construction on Swinton, but if we could have those three streets in adequate condition in finished condition by the first or fifteenth of November is my hopes. The original contract called for the contractor replacing pavement in comparable condition to the way he found it. We then instructed the contractor to not put in finished paving but to put in a surface, an 8 inch surface rather than. a 7 ' -?- "~" (Informal 10-8-63) ~ 426-R inch surface, with the thought in mind that the City was considering not just running a patch pavement down the Center, but paving the street from curb to curb, but we discovered that even if we do pave these streets from c~rb to curb there will still be some settling and although you have a single pavement across the' top that it will still have that dip in the pavement, so we then instructed the con- tractor that we would revert back to the original contract. That we would require them to put the pavement in, let it settle, a~d then a year from now, under the contract, we are protected and can go back in and fill it in and level the street off, after s certain amount of settling. I think this is particularly true of 2nd Avenue where the street is in rather poor shape right now. The weather conditions have been such that the surface they put in there has not held up and all the heavy traffic that has been diverted on there, the street is in terrible shape." Mr. Fitzgerald said if it could all be finished by December first he would withdraw any objection that he had voiced. Mrl Woodard answered: "Tentatively, it would be this, that as soon as ~e take the consensus of opinion from these meetings here, we.'ll take them back to the Council at the end of this week, we should come to some determination then and instruct the Engineers that the City wishes to have construction on certain streets'as of~.a certain date. They in turn would instruct the contractor and the contractor would then know that hypothetically either the first of November, as would be the case of your recommendation on 7th Avenue, eBd someplaces the first of December that they would have a two week per~od where they would have to stop construction and they would have'to clean up and get the a=ea presentable so that when the tourist comes into town he doesn't see all these piles of debris and dirt." Mrs. Rita Nutbrown and Miss Florence Ramsey~ both Delray Beach Realtors expressed their desire to see the work cease on 7th Avenue and. that vicinity until after the 'Tourist season. Mr. Woodard explained that it had only been two weeks ago that the contractors had been made aware of 7th Avenue and vicinity being a critical tourist area, and that they 'now have five crews work- ing there in an endeavor to complete the work as soon as possible, and Mr. Woodard continued: "Now you feel you can do that two block alley and 7th Avenue by the first of November. Are we talking about a coupIe of weeks on these cross streets? That's right, you have to go under Federal Highway and you can't tear up the highway. You have to go underneath it. 4th Street would be the critical one so that you would have ........... " Mr. Seymour commented again on possibly stopping construction and Mr. Woodard continued: "X think if we can get 8th Street in con- dition so that you can get access to ?th Avenue from the North and South, you can get up from Atlantic Avenue and down from 8th Street, so that you can get in and out of 7th Avenue. Those East-West Streets, the lateral streets, will have to come along as quickly as they can by the first of December." Mrs. Doman said she felt 4th Street was the most important street, and the contractor and engineer said that street would be com- pleted under Federal Highway before the. first of December. Mr. Woodard commented~ ~'X think we have accomplished the pur- pose of this meeting at any rate. We understand what your desires are, what dates you feel to be critical and we ~derstand how you feel about it. We will immediately get together with the engineers and contractors, and do everything we can to expedite things for you, and any time at at1 that anYthing comes up, just pick up the phone .and we will be glad to help ~ .ex/~edite matters for you." -8- (Informal 10-8-63)