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06-02-87SpMtg JUNE 2, 1987 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:05 P.M., Tuesday, June 2, 1987. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of considering (1) Resolu- tion No. 21-87 to DOT relative to no parking on North Federal (Public Works); (2) Resolution No. 23-87 to the County Commission for their support for the requested parking restrictions along North Federal Highway; (3) Ratification of the Purchase of Copier for the City Attor- ney's Office (City Attorney); (4) Settlement offer in Muriel Ogelsby vs City of Delray Beach (City Attorney); and (5) Sunbelt-Denntronics Cable, Ltd. Expansion Request (City Attorney). 1. The City Manager presented Resolution No. 21-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE DEPARTMENT OF TRANSPORTA- TION OF THE STATE OF FLORIDA TO APPROVE CITY RECOMMENDA- TIONS FOR A WEEKEND PARKING RESTRICTION FOR A PORTION OF US-1 LYING WITHIN THE CITY. (Copy of Resolution No. 21-87 is on file in the official Resolution Book) Mr. Weatherspoon moved for the adoption of Resolution No. 21-87, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 2. The City Manager presented Resolution No. 23-87: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORT IN THE CITY'S REQUEST TO THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF FLORIDA TO APPROVE A WEEKEND PARKING RESTRICTION FOR A PORTION OF US-1. (Copy of Resolution No. 23-87 is on file in the official Resolution Book) Mr. Weatherspoon moved for the adoption of Resolution No. 23-87, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Weatherspoon advised he felt they needed to work with the County to see if they would provide some additional parking if there is vacant land in that area. The Commission concurred. At this point the roll was called to the motion. 3. Upon question, the City Attorney advised the funding for the copier was provided for by the Commission as part of the office reloca- tion budget; the amount is $7,149. Because it was not the low bid, they felt it should come back to the Commission for ratification. The first low bidder did not meet the specs with regard to speed, copy ability and quality. The City Attorney furnished the Commission with a spread sheet of the specs. Mr. Weatherspoon moved to ratify the purchase of a Canon 4540 RDF copier for the City Attorney's Office from the second low bidder, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 4. The City Attorney reported they have received an offer to settle from the plaintiff in the amount of $50,000. Most of that sum is actual expenditures on the part of Mrs. Ogelsby for medical and dental bills. The actual out-of-pocket expenditure for the City will be something a little less than $17,000; the rest will be paid by Lloyds. Mrs. Horenburger moved for approval of the settlement as outlined by the City Attorney, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 5. The City Attorney advised that essentially what the Commission is to address is the request by Sunbelt-Denntronics for an expanded franchise area. They have two issues which the Commission was consider- ing; one was the allegation that Sunbelt had exceeded their current franchise area and the second is to grant them an expanded franchise area which would include the area that is allegedly being cabled by them now. This would result in them having a franchise area which is essen- tially the corporate limits north to south of the City west of 1-95. Patrick Casey, attorney representing Sunbelt-Denntronics, introduced some new management that is now currently involved in opera- tions in the City. He furnished the Commission with maps outlining the existing franchise, areas which they have directly wired within their franchise, areas wired or serviced by Leadership or undeveloped areas. They are seeking expansion of the area west of 1-95 giving the residents in that area a choice. Mr. Casey stated they felt that as long as both systems have adequately serviced their existing subscribers and do not disrupt City operations otherwise, there is no reason why competition should not be the rule. He also outlined several proposals which they have suggested and added to the ordinance; these are requirements of the County and they feel that citizens of Delray Beach should have no less. Mr. Casey stated they have expended funds for a state of the art system that has features that generally older systems do not technologically have, i.e., addressability. Upon question by Mr. Dougherty, Mr. Casey advised to their knowledge there are no areas immediately in need of being wired because they have been wired by Leadership or Sunbelt, depending on the loca- tion. To give an idea of what they would do if they had a construction plan in lieu of that they suggest that these areas are the types of areas which would be available for development, being immediately near them (Sunbelt). Upon further question, the City Manager advised to his knowledge they have received no complaints regarding Sunbelt. Gene Strickland, General Manager for Leadership, stated that in the 10 years of their franchise they have abided by it and they expect another franchisee to do the same; the issue here is that Sunbelt is in violation of their franchise and they do not feel that should justify an expanded area. Mayor Campbell advised the position of Sunbelt, according to Mr. Casey and HMF Investments, is that they are not in violation, in that what we are allowing is a use of the public right-of-way and they have not violated their franchise area and have stayed fully in the -2- 6/2/87 public rights-of-way; any extension beyond that has been on private property. David Baker, attorney for Leadership, reported Sunbelt could not serve that subdivision (Hanover Square) if they didn't use public rights-of-way; he felt that the use of private rights-of-way is not the issue. He believed it inappropriate to pay franchise fees for those areas that are not regulated. Mr. Baker stated the case is, in fact, they are serving use of public rights-of-way. Mrs. Horenburger clari- fied that Sunbelt did not use public rights-of-way outside their fran- chise area. Discussion followed. Mr. Weatherspoon stated he believed the issue is whether the Commission agrees with the City Attorney's inter- pretation of whether or not Sunbelt is in violation of the existing franchise; if we agree that they are, then the question is are we willing to reward them by granting them their request for expansion. He advised that Sunbelt knew the request for service was in the right-of- way area not within their boundaries as outlined and the appropriate thing to do was to bring it to the City's attention prior to laying the cables; his position is that by doing this without bringing it to the City's attention is in violation of the franchise and to grant them an expansion would be wrong. Jay Slavin, Rainberry Bay, advised this community has experi- enced many problems with Leadership. For instance, the company ap- proached the residents who did not sign up with Rainberry's own system and offered them a lower rate than any other community in Delray Beach; in her opinion this was unscrupulous. In the interest of the future of the residents of Delray Beach, she believed competition should be allowed. Sam Schwimer, Pines of Delray, stated they have been using Sunbelt-Denntronics and have just renewed the contract for another six years. They are very pleased with both the service and the rates which are lower than the quoted prices from Leadership. Lillian Feldman, Pines East, reported she is not satisfied with the service they have been getting from Sunbelt. For years now every time it rains the picture goes out and after coming back on there is a shadow or ghost and this has never been straightened out. Mrs. McCarty stated she is in favor of competition, providing for a better product, better service and a better price for all. Mrs. Horenburger stated she believed they need to look over the regulations again and be a little more specific about some things. For example, she questioned whether it is within the law to provide fines for any viola- tions which are found. Mr. Weatherspoon commented that he too believes competition is good; however, due to the circumstances in which this particular request is being offered, he could not support it. Mayor Campbell asked would the fact that there may be an extension of the franchise area create any additional responsibilities with regard to monetary cost to the City. The Assistant City Attorney advised there are bonding requirements, but there would be no additional cost. There is no indication that there is an inability to provide services to the consumer or the business is inappropriate. Discussion followed with regard to shortening the franchise renewals. Mrs. Horenburger moved for approval of the Sunbelt-Denntronics Cable, Ltd., expansion request, with the effective date of July 1, 1987, as suggested by the Assistant City Attorney, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call, Mayor Campbell declared a recess, the time being 8:24 P.M. The meeting was reconvened at 8:28 P.M. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 8:30 P.M. -3- 6/2/87 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of June 2, 1987, which minutes were formally approved and adopted by the City Commission on ~,~,~,~ /~; . / NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -4- 6/2/87