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05-20-83SpMtg MAY 20, 1983 A Special Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 4:05 P.M., Friday, May 20, 1983. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Doak S. Campbell Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager Gordon D. Tiffany, and Assistant City Attorney Richard L. Carlson Mayor Young announced that this meeting has been called for the purpose of (1) Public Hearing and Second and Final Reading of Ordi- nance No. 34-83 amending Chapter 12 "Garbage and Trash"; (2) Motion to award the refuse contract; (3) SCRWTDB Employees Retirement Benefits; and (4) Resolution No. 50-83 authorizing the City's Police Department to engage in cooperative reciprocal law enforcement practices. 1. Ordinance No. 34-83 - Amending Code - Garbage and Trash. Ordinance No. 34-83, amending Chapter 12 "Garbage and Trash" of the Code of Ordinances, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 34-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 12 "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND ENACTING A NEW CHAPTER 12, "GARBAGE AND TRASH" , TO PROVIDE IN ARTICLE I, "IN GENERAL", THE DEFI- NITIONS OF AREA AND UNIT, COMMERCIAL TRASH, CITY, CON- TAINERS AND RECEPTACLES, GARBAGE, HAZARDOUS REFUSE OR WASTE, HOUSEHOLD TRASH, INDUSTRIAL WASTE, PARKING LOTS, PERSON, PREMISES, PRIVATE PROPERTY, PUBLIC PROPERTY, REFUSE, ROLL-OUT CARTS, AND YARD TRASH; TO PROVIDE FOR VIOLATIONS AND PENALTIES FOR VIOLATIONS OF ANY OF THE PROVISIONS OF THIS CHAPTER; TO PROVIDE THAT GARBAGE AND TRASH COLLECTION IS RESERVED EXCLUSIVELY IN THE CITY OR ITS CONTRACTORS WITH EXCEPTIONS IN CERTAIN AREAS AND FOR CERTAIN TYPES OF COLLECTION SERVICES; TO PROVIDE THAT NO PROFIT REQUIREMENT AS A MATTER OF LAW FOR CITY CONTRAC- TORS/FRANCHISEES; TO PROVIDE FOR APPROVAL OF CONTAINERS; TO PROHIBIT UNDERGROUND CONTAINERS; TO PROVIDE FOR THE RESPONSIBILITY OF MAINTENANCE OF CONTAINERS FURNISHED BY THE CITY; TO PROVIDE FOR PLACEMENT OF CONTAINERS AND PRECOLLECTION PRACTICES; TO PROVIDE FOR AND MAKE UNLAWFUL CERTAIN SPECIAL REFUSE DISPOSAL PROBLEMS; TO PROVIDE FOR THE PREPARATION OF GARBAGE; TO REQUIRE CONTAINERS TO BE COVERED; TO PROVIDE FOR THE PREPARATION OF TRASH; TO PROHIBIT THE DEPOSITING OR BURYING OF OFFENSIVE DEPOSITS ON LAND OR WATERWAYS; TO PROHIBIT THE DEPOSITING OF GARBAGE OR TRASH OTHER THAN IN APPROVED CONTAINERS; TO PROVIDE FOR THE LEVYING OF REGULAR SERVICE CHARGES OR FEES, AND TO MAKE PROVISION FOR THE LEVYING OF ADDITIONAL CHARGES BY THE CITY OR ITS CONTRACTORS FOR SPECIAL, AD- DITIONAL, OR UNUSUAL SERVICES; TO PROVIDE FOR THE METHOD OF BILLING FOR SUCH REGULAR MONTHLY CHARGES AND/OR ANY ADDITIONAL CHARGES; TO PROVIDE FOR DELINQUENT BILLS; TO PROVIDE FOR CHARGES WHEN PROPERTY IS UNIMPROVED; TO PROVIDE THAT PERSONS BILLED FOR WATER SERVICES SHALL BE RESPONSIBLE FOR GARBAGE AND TRASH CHARGES; TO PROVIDE FOR COLLECTION CHARGES FOR BAD CHECKS; TO PROVIDE FOR RESPON- SIBILITY FOR TRASH COLLECTION AND TO PROVIDE FOR ADMIN- ISTRATION OF THIS GARBAGE AND TRASH ARTICLE; AND TO PROVIDE IN ARTICLE II, "LITTER", A TITLE FOR THIS AR- TICLE; TO PROVIDE FOR DEFINITIONS OF AIRCRAFT, ANIMAL, AUTHORIZED PRIVATE RECEPTACLE, COMMERCIAL HANDBILL, LITTER, NEWSPAPER, NONCOMMERCIAL HANDBILL, OCCUPANT, PARK, PRIVATE PREMISES, PUBLIC PLACE, RUBBISH AND VE- HICLE; TO PROVIDE FOR ENFORCEMENT OF THIS ARTICLE; TO PROHIBIT THE THROWING OR DEPOSITING OF LITTER IN OR UPON ANY PUBLIC PLACE WITHIN THE CITY EXCEPT IN RECEPTACLES PROVIDED; TO PROHIBIT SCATTERING, STORING OR LITTERING; TO PROHIBIT THE SWEEPING INTO OR DEPOSITING OF LITTER IN STREETS; TO PROVIDE FOR THE DUTY OF THE OWNER OR OCCUPANT OF A PLACE OF BUSINESS TO KEEP THE BUSINESS PREMISES FREE OF LITTER; TO PROHIBIT THE THROWING OR DEPOSITING OF LITTER ON ANY OCCUPIED PRIVATE PROPERTY; TO PROHIBIT THE THROWING OR DEPOSITING OF LITTER ON ANY OPEN OR VACANT PRIVATE PROPERTY; TO PROHIBIT THE DEPOSITING OF GARBAGE EXCEPT IN COVERED, ENCLOSED RECEPTACLES; TO PROHIBIT THE THROWING OR DEPOSITING OF LITTER UPON ANY STREET FROM VEHICLES; TO PROHIBIT OTHER LITTER FROM VEHICLES, IN- CLUDING PROVISIONS REQUIRING REMOVAL OF CONCRETE OR OTHER SUBSTANCES WHICH HAVE THE ABILITY TO PERMANENTLY AFFIX THEMSELVES TO THE ROAD SURFACE; TO PROHIBIT LITTERING IN PARKS; TO PROHIBIT LITTERING IN ANY BODIES OF WATER; TO PROHIBIT THE DISTRIBUTION OF CIRCULARS, THROW-AWAYS, AND HANDBILLS UNDER CERTAIN CIRCUMSTANCES; TO PROHIBIT THE DISTRIBUTION OF COMMERCIAL AND NONCOMMERCIAL HANDBILLS IN PUBLIC PLACES EXCEPT WITH A PERMIT AND EXCEPT TO PERSONS WILLING TO ACCEPT SAME; TO PROHIBIT THE PLACING OF HAND- BILLS ON VEHICLES; TO PROHIBIT THE DEPOSITING OF HAND- BILLS ON UNINHABITED OR VACANT PROPERTY; TO PROHIBIT THE DISTRIBUTION OF HANDBILLS ON PRIVATE PREMISES WHERE SUCH PREMISES ARE POSTED; TO REGULATE THE DISTRIBUTION OF HANDBILLS AT INHABITED PRIVATE PREMISES, AND FOR EXEMP- TIONS; TO PROHIBIT DROPPING FROM AIRCRAFT OF ANY LITTER, HANDBILL OR OTHER OBJECTS; TO PROHIBIT THE POSTING OF NOTICES ON PUBLIC STRUCTURES OR PROPERTY; PROVIDING A SAVING CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 34-83 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Perry moved for the adoption of Ordinance No. 34-83 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. The City Manager advised that the ordinance just passed included readopting their current rates. They will have to come back to Council with a new ordinance with the new rates in it. 2. Mr. Jackel moved to accept the bid of the lowest bidder, Waste Management, to take over the City sanitation services of Delray Beach as soon as possible, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - No; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: - 2 - 05/20/83 Mr. Alfred Straghn, 26 S.W. 5th Avenue, described some of the faults he finds in contracting out this particular service; (1) after the five year limitation of this contract, the equipment would be outdated. If the City has to go back into private contracting, this burden would fall back upon the citizens of Delray Beach. (2) He does not think that Council has really taken into consideration the people that are working in the Garbage Department. After the 60 days run out, Waste Management can discharge all of these men if they wish to. He feels this period should have been longer than 60 days. (3) It takes about 60 days for these gentlemen to use their expertise to find out the directions and to familiarize themselves with this area. Mr. Straghn added that he believes that the contract from Western offers a more secure position for their citizens although it may be a little higher. Mr. Hal Johnson, Director of Marketing, Waste Management, stated that Waste Management is very aware of their obligation and responsibility under this contract. They realize that all of the City sanitation employees will be hired for a minimum of 60 days, following the start of the contract. At the end of the 60 day period, they will place those employees who desire employment who are not covered under the City contract in their other operations. In addition they have agreed to lease an office building in the City's maintenance facility complex for the purpose of establishing their offices and have retained a real estate appraiser to appraise the property to determine a fair and equitable rental value. Mr. Bird stated, for clarification, from what he's heard, it appears to him that all employees desirous of employment will be 100 percent employed. Mr. Johnson replied that is correct. Upon question Dy Mr. Campbell as to where they would be employed, Mr. Johnson advised that they have operations in the County and that would be the primary area they would look at; however, they do have some operations in the northern end of Broward County too. Mr. Dave Randolph, 105 N.W. llth Avenue, stated that they are being generous enough to award these folks a five year contract yet no one has seen to be generous enough to the employees who have served this City for so many years to ask this contractor if he could give these people at least one year; 60 days is not enough. Mr. Charles ~ilson, ~stern ~ste, stated that they would also intend to employ all of the people that would qualify at the end of six months. He knows the contract only calls for 60 days but they are willing to do this and thinks they could keep most of the employees in because they would very much like to extend their operations into the County. They are willing to work with Council or the employees in any way they can. Upon question by Mr. Jackel regarding the eight or nine extra employees, Mr. Wilson advised that they are looking to expand their business and he feels they could work these people into a job. Mr. Perry stated that having heard from both of the con- tractors, he is convinced that of the two, if they have to go to con- tract, he would ask Council to support his recommendation that they consider Western Waste as the primary contractor based on the history that they have been able to develop in former operations. He is not convinced by the lack of an agressive offer by the low bidder that he is really that dedicated to renting out space in the City yard to give the workers local headquarters. He feels the chances are very good that should the contract be awarded to the low bidder, they would then change their minds about renting the space. This would eradicate equal pay as the employees would then have the expense of travelling back and forth to %~est Palm Beach everyday. A week ago Thursday an effort was started to collect signatures; by Tuesday night 2500 signatures had been taken. From the evidence of the petitions, from the evidence at their public hearings, from statements he has been hearing from the golf course to the beach, he believes that management, staff and Council could sit down and work toward a more efficient City-maintained pickup system. Mr. Perry urged members of Council to listen to the overwhelming response of the community and reconsider this issue. - 3 - 05/20/83 Mr. Jackel complimented his fellow Councilmen and the City Manager for producing an excellent contract, one which will provide checks on the private contractor so that he cannot perform other than in an excellent manner. They have received assurances that the two lowest bidders will take care of their employees which is the way it should be. Mr. Campbell stated that he is extremely concerned about the employees; however, differing from Mr. Perry, from what he has gathered, it is the consensus of the community to reduce the costs of government. As has been pointed out by Mr. Bird, various movements are afoot to contract the budget of the City even further. Mayor Young advised that he wishes to assure every member of that department that Council and City management is greatly concerned that they are employed and have done everything to protect them. Mr. Campbell suggested that before they make any final terminations of any of these employees, they allow a public hearing to take place to give the public an opportunity to come forward with any input as to the consensus of the community. Mr. Jackel disagreed and stated they have already had a number of public hearings and have been discussing this problem for nine months. Mr. Campbell stated that at this time he would be in favor of the bid by ~stern Waste because he believes that Western Waste, which does not have a physical presence in the County now and would be making Delray Beach its first Florida headquarters, offers the greatest possibility to the employees of the City and to the City itself in making this a showplace for the entire State of Florida for future contract bidding. Also because the basic costs are not too substan- tially different between the two over a five year period. Mr. Perry supported Mr. Campbell's comments. At this point the roll was called to the motion. 3. Mayor Young reported that they are changing over from Delray Beach operating the plant to the Board operating the plant and the Board has made a proposition through an insurance company for benefits to the employees to replace those that Delray Beach carried. The City Manager advised that the memo from the Finance Director said that for between $500 and $1,000 they are making the recommendation that an insurance study by Wyatt Company do this actuar- ial work. They recommend that the cost be borne by the SCRTWD Board; however, because of the time element, they also recommend that Council authorize their City to initiate the study, make the payment and then carry the request to the SCRTWD Board that they reimburse us for it. Upon question by Mayor Young, the City Manager advised that the study, after authorization, would take up to ten days. Mr. Bird moved to authorize the Administration to undertake a study with Wyatt for an amount not to exceed $1,000, funding to come from the Contingency Fund and Council being requested to try to recover such expenditures from the SCRWTD Board, seconded by Mr. Perry. Said motion passed unanimously. Mr. Jackel asked if they will have the information back in time for the quarterly meeting in June. Mayor Young replied, yes. 4. The City Manager presented Resolution No. 50-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY OF DELRAY BEACH POLICE DEPARTMENT TO CONTINUE COOPERATIVE PRACTICES WITH THE L~ ENFORCEMENT AGENCIES OF THE CITIES OF BOCA RATON, BOYNTON BEACH, GULFSTREAM, HIGHLAND BEACH, AND THE PALM BEACH COUNTY SHERIFF'S DEPARTMENT. - 4 - 05/20/83 Mr. Perry moved for the adoption of Resolution No. 50-83, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the following discussion was had: Mr. Bird stated there has been a fair amount of speculation in regard to what good ever comes from meetings such as the one held on Monday. He further stated that he applauds the Police Chief for having gone back and conscientiously researched, finding some areas where, perhaps, the citizens are liable for some potential expense. If this is the kind of good which comes from a full discussion of what appeared to be an improper act on the part of a member of the administration, then he has to believe that the citizens have been served. He would trust that every department has gone back and researched his files and there may be others yet to come before Council. He added that it is not the desire of Council to not give the departments the working tools they need to be effective; it is, in fact, quite the opposite, a desire to give them those tools with a minimum exposure on the part of citizenry to any untoward liability. As a result of this resolution, they will look forward to extending police services back to the communities they have enjoyed some fine relationships with and mutual support from. The Assistant City Attorney pointed out that this resolution is somewhat broad in its scope of authority in two points; (1) this resolution is a grant to continue those practices that have gone on in the past with all law enforcement agencies; and (2) this directs the City Attorney's office to review the matter. Mr. Bird stated he would trust that the ultimate result of this action will be that they will have some sort of a formal agreement in a format similar to what they have for mutual aid and fire agreed to by councils on both sides, and in the event of some traumatic happening they will not get into finger-pointing with those with whom they would mutually cooperate. The Assistant City Attorney advised that there may be some State Statute that already addresses this area; from what the Police Chief has informed him, there is a State Statute in regard to the Sher- iff's Department. He does not know if they would be required to enter into any kind of agreement to supplement that or not. Mr. Campbell stated that he would like to see the practice, as legally or illegally existed, with regard to their Fire Department giving E.M.S. to the Town of Gulfstream, restored to the practice as it was understood by Chief Jackson prior to their meeting this week. He would hate to think that until Council makes a final policy decision on this, that there would be any problem with regard to delivery of the service to any injured individual in a life threatening situation with the corporate limits of the Town of Gulfstream. Mr. Bird stated that he talked to Mr. Chaney yesterday on this subject and they are currently covering, through the use of AA Ambulance Service, the town of Gulfstream. That does not provide them with the advanced life support they enjoy in Delray Beach but he would question, if they extend it to them, on what basis could they deny it to anybody who called. Secondly, he thinks a contractual relationship needs to exist for the protection of the citzens, just as quickly as this Council can issue one and have it accepted by the City of Gulf- stream. Mr. Campbell questioned what will be the policy, in the interim, if the Fire Department gets a call which appears to be a life threatening situation. Mr. Bird noted that the City Attorney advised them that they should terminate the practice of extending service to Gulfstream until they have entered into a contract. Mr. Campbell stated that he is disregarding the monetary situation; he is talking about a person's life. Upon question by Mr. Campbell, the City Manager advised that they are not responding to Gulfstream at all. Mr. Perry concurred with Mr. Campbell's comments and stated that the question needs to be answered. - 5 - 05/20/83 Mr. Jackel asked the City Manager if he has heard from Mayor Koch of Gulfstream on this matter in the last week. The City Manager replied, no. Mr. Campbell stated that he has heard from Mayor Koch; however, Mayor Koch is not the issue; the issue is what is their policy which is all he is asking. Mr. Bird stated that the most recent policy statement he knows of is that they will respond to a call from an appropriate agency after they are on the scene. That is what their interlocal says. Todd Jackson came before Council in 1980 and made a strong bid that that policy should be changed. Mr. Bird added that with regard to this issue, he would sign a contract just as quickly as one could be drawn up. If they feel they should have another emergency special meeting and issue a contract to Gulstream at a stipulated price, he has no problem with voting yes. He and the City Manager agreed on a stipulated price in the neighborhood of $150 per run. Mr. Campbell stated if that is what it will take for Council to make that policy clear, he suggests that they adjourn because he would like to get it straight. Mayor Young stated that Mayor Koch called him yesterday and asked him whether or not Delray Beach would be willing to enter into an agreement; he advised him that they definitely would. Mayor Koch ad- mitted that it is his fault that it has not been done because he has not taken the proper action with the City Manager or Mayor of Delray Beach. Mayor Koch said that he would come in and he would be perfectly willing to pay them. ~ Mr. Campbell suggested in the interim they let their para- medics respond where there is a life threatening situation. In the meantime they can quickly work out a contract. The City Manager advised that he has relooked at the figure which he and Mr. Bird discussed earlier. They had not remembered some overhead costs and he feels it should be about $175 per run. The Assistant City Attorney recommended that Council amend this agenda rather than adjourn and call a special meeting. Upon ques- tion by Council members, he advised that he believes they need to have 12 hours notice for special workshops as well as special meetings. At this point the roll was called. Mr. Jackel moved to add a non-agenda item regarding the functions of the Fire Department of Delray Beach, seconded by Mr. Bird. Said motion passed unanimously. 5. Mr. Bird moved to authorize an extension of Emergency Medi- cal Service to the Town of Gulfstream for a period not to exceed two weeks pending satisfactory completion of contractual arrangements with them for a more permanent provision of this service, seconded by Mr. Perry. Said motion passed unanimously. Mayor Young declared the meeting adjourned at 5:15 P.M. ATTEST: ~~ C~ 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 Council of May 20, 1983, which minutes were for- mally approved and adopted by the City Council on ~ / ~F~ NOTE TO READER: If the minutes that you have receded are not completed as indicated above, then this means that these are not the official minutes of City Council. 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 s~t6f~rth above. 05/20/83