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06-28-83 JUNE 28, 1983 A regular 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 7:00 P.M., Tuesday, June 28, 1983. 1. 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 City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Ralph Nygard, First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Perry moved for approval of the minutes of the Regular Meeting of June 14, 1983 and Special Meetings of June 7, 1983 and June 21, 1983, seconded by Mr. Jackel. Said motion passed unanimously. 5.a.1. Mr. Robert French, Country Manors, expressed concerns rela- tive to the grant for Barwick Park. He advised that they are not here to ask Council to reject the grant but to ask Council to (1) determine validity of principle that Northwest Delray is recreationally deprived; (2) to examine details of active/passive concept of the park to deter- mine whether it meets the recreational needs of the area; (3) to address the concerns of area residents regarding park security; and (4) to determine what the actual cost, both initial and ongoing, will mean to the taxpayers of Delray Beach. 5.a.2. Mr. David Cohen stated that at its last workshop meeting, Council approved a change and/or addition to the zoning ordinance. He had thought a motion would be necessary at tonight's meeting to make it official; however, there is nothing relative to it on tonight's agenda. He questioned this. Mr. Campbell stated that he does not believe it was an ordinance change, per se. It was a direction to the Planning Director to administratively start the publications. Mr. Cohen thanked Council and the Administration for their cooperation in this matter. 5.a.3. Mr. Frank Bernard, attorney representing Pines of Delray homeowners, asked to be heard under Item 43 and requested that item be moved forward on tonight's agenda. Mr. Bird suggested they reorganize the agenda under Item 6, agenda approval. 5.a.4. Mrs. Marie Horenburge~, 510 N. Swinton Avenue, presented a statement signed by 85 members of the community giving their vote of confidence to City Manager Gordon D. Tiffany and she asked that it be placed in Mr. Tiffany's personnel file. Mr. Bird moved that the statement be added to Mr. Tiffany's file, seconded by Mr. Perry. Said motion passed unanimously. 5.a.5. Mrs. Alice Finst, 707 Place Tavant, spoke in favor of ac- ceptance of the grant for Barwick Park. The City Manager clarified that some of the news reports have been premature. They have not received any official notification from Tallahassee but they do expect to receive such notification within the next two weeks, at which time the matter will be placed before Council. 5.b.1. Mr. Jackel reported that this morning he, along with 400 other people, met with Governor Graham on the subject of education and the need for better quality education in this State. The Governor stated that they need more money for better quality education. Mr. Jackel added that he also met Suzanne Pell, School Board representative, and she sends her best wishes. 5.b.2. Mr. Jackel noted that two weeks ago Council directed the City Manager to appoint three members of his staff to examine the area along Lake Ida Road. He has a letter before him from Russell & Axon saying that there is s~ne missing sod but it is not the contractor's fault but the fault of Rainberry Bay. He is not fully satisfied with this letter and he asked for an update of this matter. 5.b.3. Mr. Jackel noted that he has distributed a packet to Council and the City Manager relative to Barwick Park for their review. 5.b.4. Mr. Jackel stated that since placing Item 43 on the agenda, he has worked with the City Attorney who is drafting a new ordinance, one which will modify or replace Section 30-22(F) of the Zoning Code, which seems to be outdated. He, therefore, suggests that Council con- sider taking this matter up next week at workshop at which time the new ordinance should be ready. Mr. Perry inquired if this new ordinance would be retro- active to previous actions of the Planning & Zoning Board. The City Attorney replied that would depend on the wishes of Council and added that there are a number of positions they had in mind, some of which would be more a matter of interpretation rather than change. Generally, the answer to that question is no. Mr. Bird stated that since there is an interpretation question, which only they can answer and since it is already on tonight's agenda, he feels they should answer the question proposed on the agenda without regard to any one specific development or structure. It was the consensus of Council to proceed with this item as scheduled. 5.b.5. Mr. Bird suggested that Council form an Insurance Advisory Committee, which would serve at Council's pleasure and would sunset automatically at the end of the term, like the Beautification Committee. Further, to include on that committee Mr. Mort Rowe, Mr. Fink and Mr. Cummins, all of whom have offered to serve. He added that this is not to preclude them from coming back to Council if they find other people who might have additional expertise to lend to the committee. Mr. Bird moved that such a committee be formed with Mr. Rowe to act as organizational chairman and to also include Mr. Fink and Mr. Cummins, seconded by Mr. Jackel. Mr. Perry stated he has nothing against the concept; however Council has determined that when they make appointments they would be given time to study the qualifications. He is not familiar with these three gentlemen and suggests they form the committee and hold off on the appointments. Council concurred. Mr. Bird reworded the motion that the Insurance Advisory Committee be formed and that the individuals named be asked to submit resumes for final ratification by Council, seconded by Mr. Jackel. Said motion passed unanimously. 5.b.2. Relative to the restoration work along Lake Ida Road as brought up by Mr. Jackel, the City Manager introduced Mr. Clay Blanton, consulting engineer on this matter. - 2 - 06/28/83 Mr. Jackel asked Mr. Blanton if he was aware of the fact that the contractor, in his work, destroyed some of the sprinkler sys- tems along that road which had to be repaired by the developers at their expense and that they were, in fact, considering suing Mr. Barile. He further asked Mr. Blanton if he has consulted with some of those deve- lopers and suggested that he do so. Mr. Blanton replied that they will consult with those developers and report back to Council as soon as possible. 5.c.1. The City Attorney requested that Item 16 be pulled from the Consent Agenda and placed on the Regular Agenda. 5.c.2. The City Attorney reported that a request was made this afternoon by one of the bidders on the City Hall telephone contract. He was asked to bring to Council's attention that the contractor known as Rolm has requested that the City not contract with the successful bid- der, and rather rebid the project. He informed them that he would express this to Council and did not tell them they would do anything further; in addition, they are informed that the City has already con- tracted with the successful bidder. No Council action is necessary. Re~ardin~ the ~a~ba~e ordinances, Mr. Campbell stated that his interpretation would be that in areas of the City where containers are required, you are required to put your refuse in the containers; further that if the person in residence does not do so, they can be cited. The City Attorney stated that is correct. Mr. Campbell asked about rental property. The City Attorney advised that they have a twofold thrust, if they cannot get somebody who has property they can lien, they are not precluded from citing that person and taking them to County Court for a criminal prosecution. Mayor Young requested that Item 10 be moved from the Consent Agenda to the Regular Agenda for discussion. 5.d.1. There were no non-agenda items by the City Manager. 6. Mr. Bird moved for agenda approval subject to the additions of Items A1 through A4, the movement of Item 43 to be the third item under Public Hearings and Items 10 and 16 to be moved to be the first items of business on the Regular Agenda following the Consent Agenda, seconded by Mr. Perry. Said motion passed unanimously. PUBLIC HEARINGS 7. Ratification of Sale of City Property. A public hearing has been scheduled to be held at this time to consider ratification of sale of Lots 1-6, Block B, West Side Heights Subdivision to Durante-Strock, Inc. in the amount of $17,400. 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. Bird moved to ratify the sale of City property described as Lots 1-6, Block B, West Side Heights Subdivision to Durante-Strock, Inc. in the amount of $17,400, proceeds to go to the property sale fund, seconded by Mr. Jackel. Said motion passed unanimously. 8__. Ordinance No. 41-83 - James L. Duncan Center for Continuing Education - Re~onin~. Conditional Use, Site and Development Plan. Ordi- nance No. 41-83, relative to rezoning to SAD (Special Activities Dis- trict), and the further conditional use and site and development plan to allow a church conference center, is before Council for consideration on Second and FINAL Reading. The property is located east of Military Trail between Linton Boulevard and Sherwood Boulevard. Prior to con- sideration of £~ssage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 3 - 06/28/83 The City Manager presented Ordinance No. 41-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED R-1AAA-B (SINGLE FAMILY DWELLING) DISTRICT, IN PART, AND R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 4.965 ACRE PARCEL OF LAND, LOCATED EAST OF MILITARY TRAIL, BETWEEN LINTON BOULEVARD AND SHERWOOD BOULEVARD, SAID LAND BEING IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 41-83 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. 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. Bird moved for the adoption of Ordinance No. 41-83 on Second and FINAL Reading, seconded by Mr. Perry. 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. 43. Pines of Delray East - Satellite Dish Matter. Council is to Nave discussion and consideration to determine whether Council has jurisdiction to hear appeals from Planning and Zoning Board denials regarding minor modifications to site plans. Mr. Bird stated that the question they discussed at workshop was whether or not they, as the Council, have the authority to review site plan approvals, including minor and major modifications. There is no question about the site plan part or the major modifications, but there is some ambiguity about minor site plan modifications. Mr. Bird moved that all actions of advisory boards of Coun- cil are automatically appealable to Council, seconded by Mr. Campbell. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Campbell questioned the use of the term "automatically". Mr. Bird explained that he meant that this right is inherent. Mr. Campbell noted that with regard to the Board of Adjustment, the Charter states that appeal is to a Court of general jurisdiction, as opposed to the Council. With regard to the Planning and Zoning, the Charter lacks any statement of appeal. The City Manager read from the Charter as follows: "the Council shall in the interest of the public health, safety, order and convenience and general welfare, create by ordinance a Planning and Zoning Board to make recommendations to Council". Further Council dis- cussion was had relative to interpretation of the ordinance. The City Attorney advised that when Council is finished with this motion on the legislative intent, they have a draft ordinance available which Council may adopt on First Reading, if it wishes, which will change Chapter 30 to clarify that all of those matters are appeal- able to City Council under certain terms and conditions; those being that they have to do it within writing and within 10 days. Mr. Bird stated that if it is not critical they adopt the ordinance on First Reading tonight, he would like to have a chance to read it before he votes on it. It was the consensus of Council to direct the City Attorney to have that ordinance prepared for next week's workshop meeting. - 4 - 06/28/83 At this point the roll was called to the motion. Mayor Young declared a recess at this point, the time being 7:45 P.M. The meeting reconvened at 7:52. Mayor Young advised that he has the information he needed on Item 10 and requested that it be placed back onto the Consent Agenda. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 9. Authorize Final Payment for Public Works Complex. Council is to consider authorizing final payment to Campanella Corporation in the amount of $28,612.40, including retainage, for the Public Works drainage, grading and paving project with funds available in the Capital Improvement Fund. Approval is recommended. 10. D_~ital Voice Protection System. Council is to consider au~'horizing purchase of a Digital Voice Protection System for the Police Department in the amount of $82,206 and $4,917 annual preventive main- tenance from Motorola, with funds from confiscated funds on deposit in the Law Enforcement Trust Fund. Approval is recommended. 11. Final Plat Approval - Mayfair. Council is to consider a request for final plat approval for Mayfair, located east of S.E. 6th Avenue between S.E. 8th Street and S.E. 9th Street, if extended east. The Planning and Zoning Board recommended approval by a vote of 6 to 0. 12. Conditional Use - Church of God at S.W. Fifth Avenue. Coun- cil is to consider approval of a conditional use for Church of God at S.W. Fifth Avenue for a proposed addition to an existing church and an addition to the parking lot, located at S.W. 5th Avenue between S.W. 2nd Street and S.W. 3rd Street. The Planning and Zoning Board recommended approval by a vote of 5-0, subject to the following conditions: (1) Engineering Division's memorandum of June 20, 1983. (2) Director of Public Utilities' memorandum of May 18, 1983. (3) That the subject property be developed in accordance with the approved site plans re: Church of God at Southwest Fifth Avenue, Delray Beach, Florida, prepared by Gregory C. Miklos, Architect, Boca Raton, Florida, Sheet Nos. 1, 2, 3 and 4, dated June 1, 1983; and, (4) That the time limitation of this approval pursuant to Sec. 30-21(E) be one year. 13. Leasing Sanitation Buildingt Council is to consider a motion to express intent to enter into a lease agreement with Waste Management for $1,000 per month for the Sanitation Building. 14. Amendment to Refuse Contract. Council is to consider a motion to enter into an amendment to the refuse contract to allow ~ste Management to bill for Type E Service. 15. Real Property Donation. Council is to consider a motion to authorize the City Attorney to draft appropriate documents and express intent to accept real property donation from Richard Block. 17. Garbage Pickup in Woodlake. Council is to consider a motion to express intent to establish side door garbage pickup for Woodlake. 18. Roots Cultural Festival. Resolution No. 59-83, supporting the Roots Cultural Festival, Inc., in their efforts to sponsor the Sixth Annual Roots Cultural Festival on July 29th through August 7th, is before Council for consideration. - 5 - 06/28/83 The caption of Resolution No. 59-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC., IN THEIR EFFORTS TO SPONSOR THE SIXTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 59-83 is on file in the official Resolution Book) 19. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 60-83, accepting sanitary sewers and water utilities as operational as recorded in the plat of Palms of Delray, Tract B, is before Council for consideration. The caption of Resolution No. 60-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PALMS OF DELRAY, TRACT B, AS RECORDED IN PLAT BOOK 41, PAGE 17 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES. (Copy of Resolution No. 60-83 is on file in the official Resolution Book ) 20. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 61-83, accepting sanitary sewers and water utilities as operational as recorded in the plat of Crosswinds Phase II, is before Council for consideration. The caption of Resolution No. 61-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN THE CROSSWINDS PHASE II, AS RECORDED IN PLAT BOOK 44, PAGES 34, 35 AND 36, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERA- TIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 61-83 is on file in the official Resolution Book) 21. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 62-83, accepting sanitary sewers and water utilities as operational as recorded in the plat of Crosswinds Phase I, is before Council for consideration. The caption of Resolution No. 62-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN THE CROSSWINDS PHASE I, AS RECORDED IN PLAT BOOK 43, PAGES 56 AND 57 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACI- LITIES FURNSIHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 62-83 is on file in the official Resolution Book) - 6 - 06/28/83 22. Nuisance Abatement. Resolution No. 63-83, assessing costs for abating nuisances for five properties in accordance with Section 27-15, is before Council for consideration. These are delinquent lethal yellowing accounts and this places a lien on the properties. The caption of Resolution No. 63-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR REMOVAL OF INFECTED TREES UPON CERTAIN LAND(S) LO- CATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH REMOVAL AND LEVYING THE COST OF SUCH; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 63-83 is on file in the official Resolution Book) 23. Nuisance Abatement. Resolution No. 64-83, assessing costs for abating nuisances on six properties in accordance with Sections 13-12 and 13-13, is before Council for consideration. These are delinquent accounts and this places a lien on the prop- erties. The caption of Resolution No. 64-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 64-83 is on file in the official Resolution Book) Mr. Bird moved to amend the agenda to show Item 10 removed from first item of the Regular Agenda and placed back on the Consent Agenda and moved for approval of the Consent Agenda, with the exception of Item 16 which will be the first item of regular business following, seconded by Mr. Jackel. Said motion passed unanimously. REGULAR AGENDA 16. ~i~h Point Drainag_~ Pipe._ Council is to consider a motion to authorize entering into a contract to repair the drainage pipe at High Point. The City Attorney reported that he requested this be placed on the regular agenda so he could have the opportunity to set forth the conditions because the phrasing on the agenda was technically incorrect. Basically, the terms of City Council's agreement were that relative to the resolution of the High Point drainage problem there would be a contract drafted wherein the City would only provide funding along with the other parties to the agreement, Onontario, the pipe manufacturer, and High Point Sections 5 and 6; that any contract, as to the work, will be solely between High Point Sections 5 and 6 and Onontario at approxi- mately $14,000 plus the cost of doing the flushing of the pipes for the sand problem. In addition, that another contract would be let between High Point Sections 5 and 6 and any engineering firm of their choosing, but the funding of that contract to come from City Council although the - 7 - 06/28/83 City would not be a party to the contract. Further, that the funding would be as follows: $7,000 would be contributed by the manufacturer of the pipe towards Onontario's $14,000 contract price, $5,000 from the City and $5,000 from High Point Sections 5 and 6. That the City's monies would be paid to High Point Sections 5 and 6 to be held in escrow or upon receipt of a claim from them the bill is to be paid; and that the City shall pay the total bill of the engineer up to a reasonable amount. The City Attorney further advised that the scope of the work would be the repair, not the replacement, of the drainage pipes and the lines of the pipes within a reasonable distance near that location to be flushed. As a precondition to the City's payment of any of those funds, that a deed of easement would be executed by the City, as grantor, and by High Point Sections 5 and 6, as grantee, transferring the easement property back to High Point Sections 5 and 6, jointly and severally. Finally, that the terms of the agreement between the City and High Point Sections 5 and 6 would acknowledge that no further obligations are borne by the City to do any further maintenance or repair work nor any further financial participation in any damage that may occur in the future to the pipelines. Mr. Bird moved to approve the language for the High Point drainage project as proposed by the City Attorney, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call, Mr. Jack Kellerman, 1382-D High Point Way, inquired as to the amount of money which will be paid to the engineering firm. Mr. Bird advised that it will be a reasonable amount; they do not yet know what the scope will be. At this point the roll was called to the motion. 24. Water Service Outside the City - 1215 Germantown Road. Council is to consider a request for water service outside the City for Elizabethan Development, Inc. The subject property is not now contig- uous to the City's corporate boundaries. Governmental offices for the Department of Health and Rehabilitative Services are being proposed. This is not in accord with the City's Land Use Plan which reserves this area for residential development. The Assistant City Engineer recom- mends denial. The City Manager reported that he feels that they are moving toward a resolution of the conflict. They have not yet reached an agreement to have the right-of-way dedicated; however, he would feel comfortable changing the recommendation of the staff to approve granting water service to the project subject to right-of-way dedication accept- able to the City Engineer. Upon question by Mr. Perry, the City Man- ager advised that they would not have to get a variance from the mora- torium. Mr. Bird moved to approve water service outside the City to 1215 Germantown Road subject to a satisfactory resolution of the right- of-way requirement for the extension of S.W. 10th Street, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call, Mr. Perry asked about the zoning for that area if and when it's annexed into the City. The City Manager stated that the neighborhood is primarily residential with some commercial nearby. At this point the roll was called to the motion. 25. Group Life and Health Insurance. Council is to consider the following: A. Motion to award a contract for Group Health to Blue Cross/Blue Shield, with the following options: 1. Waiver of deductible and co-insurance for: A. Mandatory second opinion on selected surgical pro- cedures. B. Out-patient surgery in approved facility. - 8 - 06/28/83 C Pre-admission testing and laboratory benefits for procedures not duplicated in hospital. 2. Optional deductible and co-insurance A. Increase deductible from $100 to $200. B Increase co-insurance limit from $3,000 to $5,000. B. Motion to award a contract for Group Life to Metro- politan Life. The City Manager reported that further research has been done in the last week and it seems clear that they have a complex situ- ation. The Florida Statutes allows negotiations with qualified bidders after a competitive bidding process. He feels that a prudent position of Council would be to formally reject all bids but to authorize the staff, with the assistance of Siver, to negotiate with the low qualified bidders, to accept the guidance of the City Council to date for accept- ance of those options already discussed, to have the Administration report back to Council early enough so they can have an August 1 effec- tive date for the new policy, and that the amount deducted from the employees' paychecks be increased from the current amount of about $67 to $75, which is very close to what the final figure should be. Upon question by Mayor Young, the City Manager advised that there has been an expression on the part of more than one insurance company to make some further concessions in their bids. They would continue to be covered under their current policy with Transamerica Occidental and would have to pay that premium at the current higher rate for the month of July. Rough calculation shows that that cost to the City compared to the expected cost of the new policy would be in the neighborhood of $7,000; they would expect to be able to recover that cost through further negotiations with low bidders. Mr. Bird questioned how they will decide who the low bidders are. It is his understanding that Blue Cross/Blue Shield became the low bidder as a result of recasting the figures once they had decided to change the deductible to require a mandatory second surgical opinion, etc. He asked if they will go back and recast those figures for every bidder. Mr. Bird expressed concern over this and stated that if it is Council's desire to go back, he feels they should go back all the way to recalculate every bid to the new requirement and find out if, indeed, the low bidder is Blue Cross/Blue Shield. He would want to be sure that if they are going back through this exercise that (1) they will get a substantially lower bid; and (2) they can amortize that savings over a fifteen month period. Mr. Perry moved to reject all bids, negotiate with the two low bidders, Gulf and Blue Cross/Blue Shield, and increase the dependent coverage deduction to $75.00, seconded by Mr. Bird. Mr. Bird questioned how Mr. Perry selected Gulf and Blue Cross as the two low bidders and added that one of his concerns is 'that he is not sure he knows %~o the two low bidders are. Further discussion was had regarding the recalculation of figures. The City Manager sug- gested that Mr. Perry amend his motion to authorize negotiation with all qualified bidders. Mr. Perry amended his motion to include all qualified bid- ders. Mr. Bird withdrew his second. Motion died for lack of a second. Mr. Bird stated that going through the lengthy process described will put in jeopardy some negotiations which are ongoing at this time or at least delay them to such a point that they may enter into a budget year without any firm resolution. For that reason coupled with the additional cost involved in the delay, he will make the fol- lowing motion. - 9 - 06/28/83 Mr. Bird moved that they waive technical requirements, that they authorize the execution of a contract for group health to Blue Cross/Blue Shield, that they authorize a contract with Metropolitan for life insurance, that they do so with the stipulation that the contract shall provide for the options on the health insurance as listed above and that the award for Group Life be to Metropolitan Life for $10,000 per employee, these things being subject to bargaining consideration, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel -Yes; Mr. Perry -No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: The City Attorney advised that the policy would then become effective July 1, 1983 and would be subject to further negotiations with their collective bargaining unit. Mr. Perry stated they seem prepared to once again turn their backs on their consultant's recommendation and he wonders why they spend the money to hire one. Mr. Bird advised that there was a conference today with himself, the City Attorney, and Mr. Bob Siver. They had an essential agreement that there were three courses of action available to Council, any one of which Mr. Siver would find not unacceptable. The reason for hiring a consultant, and he thinks there would be a general consensus among the insurance industry, is for a good set of bid specs; there was a document that could be responded to and was responded to by a number of qualified firms. Also, the consultant did a fair job of evaluating the bids against Council's original request of him. Mr. Gary Goldstein, President, Florida Association Insurance Marketing, noted that the City's consultant did an excellent job on the specs. Mr. Goldstein advised that it has been suggested that Council consider backdating the policy to July 1st. He added further that several things were pointed out that were omitted from the bid, such as well Daby care, how many deductibles per family, a deductible for doc- tors office visits and inpatient needs; these things could reduce costs. He feels that the City will end up with better figures and, if the companies are willing, such as ¥~shington National is, to backdate a policy to July 1st and enter into serious negotiations with the City and the other people on the list, he feels the City has everything to gain and nothing to lose. In regard to backdating a policy, Mayor Young inquired as to the handling of claims during the negotiation period. Mr. Goldstein stated that the City would be the primary insurer during that 30 day period. Council expressed concerns over this. Mr. John Emerson, Regional Group Manager for Gulf Life Insurance, stated that he knows the Florida Statute and the City is entitled to negotiate; however, he thinks the intent of the Statute is that the City negotiate with all qualified bidders, not simply one. Tonight he delivered supplemental information on life insurance that would make Gulf Life equal or lower than Metropolitan Life and would make Gulf Life lower, on a 12 month basis, than the bidder Council is proposing. He does not think this is right but he did it to show Coun- cil that if they are going to negotiate, they should negotiate will all of them, giving each of them a fair and equal opportunity to have the City's business. If the City only negotiates with one company, he can assure them that Gulf Life will not be interested in going through this exercise again; it is very expensive and time consuming. Upon question by Mr. Bird, Mr. Emerson agreed with Council that it is not wise to go without a carrier for any period of time. Mr. Perry asked the City Attorney if he feels that what Blue Cross/Blue Shield did was simply of a technical nature. The City Attor- ney replied (1) that is a factual determination that Council, not he, has to make; and (2) by so waiving it, Council is accepting the bid of Blue Cross/Blue Shield under those terms and conditions, rejecting all other bidders and making the legislative determinations that that bid was in the best interest of those who are going to be getting the cover- age. - 10 - 06/28/83 Mro Perry stated that he does not see this as simply a technical problem Mr Doug Falcon, Blue Cross/Blue Shield, stated that they initially did not bid the 15 month rate because they are still not con- vinced that it is in the City's best interest. It will only work out for the City if the level of the claims continues as it did over the past 12 months. If it returns to the level it was in prior years, a 12 month rate would be in the City's best interest. In their perception, the change between a 12 month rate and 15 month rate is relatively minor. At this point the roll was called to the motion. The City Attorney pointed out, for clarification, based on the demand of negotiation they have received from one of their collec- tive bargaining units, the decision to go with that contract beginning July 1, 1983 is a decision they will go forward with; however it is not intended to be an expression or rejection of their intentions to, at some point in time, collectively bargain that issue with the respective union. 26. ~ppointments - Downtown Development Authority. Council is to consider appointments of two members to the DDA to three-year terms expiring July 1, 1986. Mayor Young advised that they do not have resumes for the names suggested for appointment to the Downtown Development Authority, therefore, he suggests taking this item off tonight's agenda and putting it on next week's workshop agenda at which time they will have the resumes. Council concurred. 27. A_p~ointment - Beautification Committee. Council is to con- sider ratification of the appointment of Jeffrey Thistle to the Beauti- fication Committee. Mr. Bird moved to approve Mr. Thistle as a member of the Beautification Committee, seconded by Mr. Perry. Said motion passed unanimously. 28. ~_p~ointments - Code Enforcement Board. Council is to con- sider appointments of five alternate members to the Code Enforcement Board; three to terms expiring January 14, 1985 and two to terms ex- piring January 14, 1986. Mr. Bird reported that the following names have been sug- gested: Gloria A. Galloway and Mrs. Norman Bender as real estate asso- ciates; Mr. Donald H. Elliot as a plumber; Mr. Mike Manning as a busi- nessman/lawyer; and Mr. Malek Abdallah as an engineer. Council has been provided with resumes on each of these individuals. Mr. Bird moved to appoint five alternate members to the Code Enforcement Board as follows: Gloria Galloway, Donald Elliot and Mike Manning to terms expiring January 14, 1985; and Donna Bender and Malek Abdallah to terms expiring January 14, 1986, seconded by Mr. Perry. Said motion passed unanimously. 29. ~p~ointment - Board of Trustees (Police and Fire). Council is to consider appointment of a member to the Board of Trustees (Police and Fire) to a term ending April 22, 1986. Mr. Bird moved for the appointment of Charles Hill, Jr., as a member of the Board of Trustees to a term ending April 22, 1986, seconded by Mr. Jackel. Said motion passed unanimously. 30. A_n~u__a..~ Emergency Electrical Repair Service.__ Council is to consider award of a contract for the annual emergency electrical repair service to the low bidder, Sawtel Electric for the following hourly rates: - 11 - 06/28/83 Journeyman Labor Rate $17.00 Journeyman Overtime 26.00 Apprentice Labor 10.50 Apprentice Overtime 16.00 Markup on Parts 10 % Funds are to come from the 1982-83 budget. Mr. Perry moved to award the contract to Sawtel Electric Corporation, seconded by Mr. Bird. Said motion passed unanimously. 31. Chemicals - Water Treatment Plant. Council is to consider awarding a contract for chemicals at the Water Treatment Plant to the following low bidders: American Cyanamid 844-A $ 80,000 NALCO Chemical Company NALCO I 132,000 NALCO Chemical Company NALCO 918 47,000 Funds are to come from the 1982-83 budget. Mr. Bird moved to award the contracts, seconded by Mr. Campbell. Said motion passed unanimously. Before roll call, Mr. Pontek, Utilities Director, advised that these are the projected dollar values for 1983-84. Because of the 75 days left in this fiscal year, these figures are actually approximate in nature and may increase by about 25%. The City Manager added that the request to Council is to change the figures to $100,000, $165,000 and $58,750 which is a 25% increase to get them through this fiscal year. At this point the roll was called to the motion. 32. Ci_~y_ Hall Alterations. Council is to consider a change order increasing the contract price of Cox and Palmer by $734.00 to remove the existing marble/granite stalls in the bathrooms to retile the walls. Mr. Perry moved to authorize the change order, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Campbell questioned why the bathrooms were eliminated in the original contract and noted that -this is the second change order since he's been sitting on Council. He suggested bidding out the bath- rooms. The City Manager advised that they did that; rather than having the current contractor add that work to his bid, they found it would be less expensive to handle, at least a portion of that work, outside of his contract. That has already been done. At this point the roll was called to the motion. 33. Delra_~ Beach Country Club License. Council is to have discussion and consider a motion to amend the contract between the City and Larry Ward Food Services, Inc. for the operation of the Delray Beach Country Club Restaurant. The City Attorney stated that Council has been provided with an addendum to the current license agreement. The current agreement provides that the license will automatically renew for an additional two year term unless Council affirmatively takes action saying they are going to terminate the contract; they would have to do that by July 9th. As a result of Council's direction, the City Attorney's Office undertook negotiations with Larry Ward relative to the items Council had asked to include in any agreement concerning the Country Club restaurant. The addendum shows some specific items and some alternatives. By adopting that addendum, they would continue with Larry Ward for the next two years and, during the course of that time, the City Attorney's Office - 12 - 06/28/83 would be looking into other alternatives for contracting the facilities at the Country Club, either in whole or in part. There is a provision in the addendum, which Mr. Ward has agreed to, which says that, in essence, in the event they wish to contract out the golf course opera- tion in its entirety, that upon 30 days notice he would vacate the premises. Upon question by Mayor Young, the City Attorney stated that there are two #2's and two %4's on the addendum. He explained that paragraph #2 is a question of whether they would have independent or split costs on telephone service; Council may select the route it wishes to take. Paragraph #4 is relative to the prevention of food and bev- erages on the course. Mr. Perry stated that regarding paragraph %2, he feels the licensee should install and maintain a phone at his own expense. As Mr. Ward desires having the operation of the restaurant focus on the common market, both golfers and non-golfers, and because of the question of enforceability, Mr. Perry suggested that they eliminate both %4 para- graphs. Mr. Perry moved to approve the addendum to the license agreement, deleting the second of the paragraphs numbered 2, and de- leting both paragraphs numbered 4, seconded by Mr. Campbell. Said motion passed unanimously. Before roll call the following discussion was had: The Manager of Stonewalls stated that he understands the question of enforceability regarding Item #4. Their only concern is with people bringing alcoholic beverages onto the golf course and who would be liable in case of an accident. Mayor Young stated that Stone- walls does not have any responsibility for the golf course. Further, if a new phone line is the answer, the Manager of Stonewalls asked that the City delegate to them the current number and change the City's number because their advertising is already contracted and printed. Mr. Perry stated that he cannot understand why they would enter into those contracts when they knew this question was going to come up. Upon question by Council, the City Attorney advised that he feels they can release their rights to a phone number. Mr. Arthur Ellerholz, 2717 Florida Blvd., asked Council if they have looked at the golf course lately. He noted that in the men's locker room the ceiling is falling down, the carpeting is patched and there is a leaky roof. Also, there is a broken chair in there. In the spike room there are tiles coming off the floor and the chairs are in a deteriorated condition. In the ladies' locker room they had no air conditioning or lights for a month and had two lavatories that were out for two weeks. He added that there is a gambling machine in the bar area where minors put quarters in. Also, there is a sign on the wall which reads "ice, 25¢ a cup" and the wine comes out of a gin or vodka bottle. Mr. Ellerholz stated that these are the things that the City is asking him to pay $840 a year to live with. He asked Council if they would pay $840 for those kinds of conditions. Mr. Jackel stated it seems to him that most of these com- plaints are the City's problems, not Mr. Ward's. Mr. Ellerholz dis- agreed. Mr. Perry stated, in reference to the "children in the sandbox" remark which he made, he is sorry that Mr. Ellerholz took it personally. When their City employees are threatened, bodily harmed, when somebody comes to him with extremely pointed and suggestive remarks about personalities, and when he has approximately seven different stands on any one issue out there, he will stand by his remark. Mr. Perry stated that as he recalls, the contractor is responsible for repairs, leaky roofs, etc., and he suggested the City let the contractor know that they will become more aggressive in demanding strict perfor- mance of his contract. - 13 - 06/28/83 Mr Jackel questioned the fact that $3,000 a year main- tenance would include repairing leaky roofs. The City Attorney advised that it does not; it provides that he is to keep the premises in a clean and sanitary condition but it does not provide for structural renovation or repair. Further discussion was had in this regard. Mr. Bird stated that it seems to him there were substantial improvements made at the City's expense. Mr. Jim Scheifley stated that in 1978 when the City first took over, they reupholstered the furniture, put in new carpeting, put in a wall mirror, etc., and spent a lot of money to bring it up to date; however, it all needs refurbishing now. Mr Scheifley concurred with all of Mr. Ellerholz's complaints. Mr. Campbell stated that it appears that the basic structure and furnishings are in difficult condition and asked if, during the course of these negotiations, that was ever addressed. The City At- torney replied~ no; that was not the direction of Council as to what items were to be negotiated. Mrs. Phyllis Plume, Golf Advisory Board, stated that the issue of prohibiting food never came before them for discussion. They did review the license and made several recommendations. Her under- standing of the $3,000 is that it is a replacement fund for the cooking equipment and she believes the capital improvements are the City's re- sponsibility. The City Attorney added that it applies to more than the cooking equipment, also some of the tables, the rugs and those types of things. Upon question, Mrs. Plume stated that the addendum is satis- factory with those items that were stricken. Mr. Perry stated that he does not think the gambling machine is a great money maker and asked if Stonewalls would be willing to get rid of it. The Manager of Stonewalls replied that they get $50 a week from it and added that whenever he's out there he sees members of the Men's Golf Association and others playing it. Upon question by Mr. Bird, the City Attorney advised that it is essentially a video game. Upon question by Mayor Young, the City Manager advised that the $3,000 is held in the Golf Course fund and is available for capital improve- ments per the budget. Council discussion was had relative to the leaky roof. Mr. Frank Clark, Pro Manager, advised that they have done patch jobs over the last three years, knowing that they needed to install a new roof, as was recommended by the Engineering Department. He has requested it for the last three years and each request was rejected. Upon question by Mr. Perry as to the cost of a new roof, Mr. Clark advised that he has received estimates between $15,000 and $18,000. Mr. Campbell felt that the discussion was getting too broad and suggested referring the matter of the golf course to a workshop meeting. Mr. Scheifley suggested they add a clause to the license agreement restricting activities that might be added or considered; that Council should have a veto power where special activities are concerned. As an example, Mr. Scheifley advised that the Stonewalls in Boca Raton has had male striptease acts in the lounge. Mr. Jackel stated that there seems to be a question, as brought up in Mr. Carlson's memo of June 23rd, regarding the cleaning of the restrooms and locker rooms. Apparently, no agreement has been reached and it seems to require Council's attention. Mr. Bird pointed out that this matter is covered by paragraph #3 of the addendum. The City Attorney advised that there is a provision in the original license which says that if the City undertakes additional janitorial services beyond what the licensee is doing, that they will pay the City up to $200 per week. He does not believe they are exercising that option presently and that is an option which, administratively or as a policy matter, they could begin. Mr. Bird suggested that they refer this item to their workshop meeting for discussion along with the other issues concerning the Country Club; Council concurred. - 14 - 06/28/83 At this point the roll was called to the motion. Mayor Young declared a recess at this point, the time being 9:32 P M. The meeting reconvened at 9:35 P.M. Mr. Campbell left the Chambers at this time. 34. Restri~qin~ of Streets. Resolution No. 65-83, awarding a contract for restriping various repaved streets to South Florida Strip- ing, Inc. in the amount of $12,000, with funds to come from the 1982-83 budget, is before Council for consideration. The City Manager presented Resolution No. 65-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT TO RESTRIPE VARIOUS STREETS IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 65-83 is on file in the official Resolution Book) The City Attorney advised that a new Whereas clause has been added which states that this bid is in compliance with that section of the Code that says that they do not go to competitive bid if they are to use a state or other agency contract which has been competitively bid. Mr. Perry moved for the adoption of Resolution No. 65-83, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 35. "No Wake" Signs. Resolution No. 66-83, directing the City Administration to pursue an application for "No Wake" signs on the Intracoastal ~aterwayl is before Council for consideration. The City Manager presented Resolution No. 66-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION THROUGH THE CITY ENGINEERING DEPARTMENT TO PURSUE AN APPLICATION TO THE DEPAR?MENT OF NATURAL RESOURCES FOR THE INSTAL- LATION OF "NO WAKE" SIGNS IN THE AREA FROM IMMEDIATELY SOUTH OF THE LINTON BOULEVARD BRIDGE TO IMMEDIATELY NORTH OF THE N.E. 8TH STREET BRIDGE. (Copy of Resolution No. 66-83 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 66-83, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Earl H. Nino, 219 Palm Trail, discussed the dangers from the excess amount of traffic on the Intracoastal ~aterway. He and other property and boat owners along the Intracoastal are requesting Council's consideration of not only posting "No Wake" signs and speed laws but enforcing them as well. At this point the roll was called to the motion. Mr. Campbell returned to his chair at this time. 36. Dual Taxation. Resolution No. 67-83, opposing Palm Beach County's levying of dual taxes, is before Council for consideration. - 15 - 06/28/83 The City Manager presented Resolution No. 67-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, IDENTIFYING SERVICES RENDERED BY PALM BEACH COUNTY WHICH PROVIDE NO REAL AND SUBSTANTIAL BENE- FIT TO PROPERTY OR RESIDENTS WITHIN THE CITY OF DELRAY BEACH AND WHICH ARE FINANCED FROM COUNTY-WIDE REVENUES AND AD VALOREM TAXES; PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA TO DEVELOP APPROPRIATE MECHANISMS TO FINANCE SUCH SERVICES PURSUANT TO SECTION 125.01(6)(a) AND (7), FLORIDA STATUTES; PRO- VIDING FOR APPROVAL OF KELTON STUDY AND TRANSMITTAL OF COPY OF SAID STUDY; AUTHORIZING AND DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR REPEAL OF INCONSISTENT PREVIOUS PROVISIONS SET FORTH IN RESOLUTION NO. 32-83; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 67-83 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 67-83, seconded by Mr. Jackel. 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. 37. Requirements - Medical Director. Resolution No. 68-83, waiving the requirements of Section 2-34 of the Code of Ordinances for purposes of bidding the Medical Director contract, is before Council for consideration. The City Manager presented Resolution No. 68-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RESOLVING THAT THE REQUIREMENTS OF ARTI- CLE III, "PURCHASES" , OF DIVISION 1, "GENERALLY" , OF CHAPTER 2, "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BE WAIVED FOR PURPOSES OF APPLI- CATION TO THE CURRENT A¥~ARD OF A MEDICAL DIRECTOR CON- TRACT. (Copy of Resolution No. 68-83 is on file in the official Resolution Book ) Mr. Bird moved for the adoption of Resolution No. 68-83, seconded by Mr. Jackel. 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. 38. Medical Director Contract. Council is to consider author- izing approval of a contract for one year for a Medical Director at $10,000. Mr. Perry moved to approve execution of the contract, sec- onded by Mr. Bird. Said motion passed unanimously. 39. Ordinance No. 44-83 - Amendin~ Code - Landscaping. Ordi- nance No. 44-83, amending Chapter 9 "Building and Construction" of the Code of Ordinances relative to accessways, is before Council for con- sideration on First Reading. If passed, Public Hearing will be held July 12th. The City Manager presented Ordinance No. 44-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION", ARTICLE X, "LANDSCAPING", BY REPEALING SEC- TION 9-374(f), RELATIVE TO ACCESSWAYS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. - 16 - 06/28/83 Mr. Perry moved for the adoption of Ordinance No. 44-83 on First Reading, seconded by Mr. Jackel. 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. 40. Ordinance No. 45-83 - Containers And/Or Service Required. Ordinance No. 45-83, amending Chapter 12, "Garbage and Trash" of the Code of Ordinances relative to containers and/or service required, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 12th. The City Manager presented Ordinance No. 45-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 12-4, "CONTAINERS REQUIRED", AND ENACTING A NEW SECTION 12-4, "CONTAINERS AND/OR SERVICE REQUIRED", TO PROVIDE FOR THE GENERAL REQUIREMENTS FOR RESIDENTIAL AND COMMERCIAL SITES AND MAINTENANCE OF CONTAINERS; TO PROVIDE FOR THE PROCE- DURES AND REQUIREMENTS FOR THOSE AREAS OF THE CITY AND CUSTOMERS RECEIVING TYPE A, ROLL-OUT CART SERVICE, TYPE B, REAR-DOOR/SIDE-DOOR SERVICE, TYPE C, CURBSIDE - GAR- BAGE AND HOUSEHOLD TRASH IN DISPOSABLE CONTAINERS SER- VICE, TYPE D, CURBSIDE IN OWNER'S CONTAINER SERVICE, AND TYPE E, MECHANICAL CONTAINERS AND C OMMERC IAL REFUSE CONTAINER SERVICE; PROVIDING FOR REQUIREMENTS FOR DIS- POSAL OF LARGE ITEMS OR PILES OF GARDEN AND YARD TP~ASH; PROVIDING RESTRICTIONS ON COLLECTION OF INDUSTRIAL AND HAZARDOUS WASTES; PROVIDING FOR USE OF OTHER TYPE UNITS OR CONTAINERS; PROVIDING FOR REQUIREMENTS FOR CONSTRUC- TION AND DEMOLITION SITES AND FOR SUBSTANCES WHICH AFFIX THEMSELVES TO ROAD SURFACES; PROVIDING FOR REQUIREMENTS FOR LOADING AND UNLOADING AREAS; PROVIDING FOR REQUIRE- MENTS FOR ALL COMMERCIAL AND PUBLIC PARKING LOTS HAVING MORE THAN 100 SPACES; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 45-83 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Perry -Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. (Mr. Jackel stepped do%;n during discussion and was not present for roll call. ) Before roll call the following discussion was had: Ms. Cathy Landwehr, President, Spanish Wells Homeowners Association, on behalf of the residents of Spanish Wells, requested that their service be changed from Type D to Type B. Upon question by Council, Mr. Waters, Waste Management, felt that this request would not be a problem. The City Attorney advised that it would be more proper to consider this request under the next agenda item, Ordinance No. 46-83. Upon question by Mr. Roy Simon, the City Attorney advised that, basically, the format is that everything generated, garbage and trash, is to be containerized and/or bundled for collection at the same time. Those things which are too large to be containerized or bundled have to picked up separately and on call. He further advised that the only additional charge is for large items of garden and yard trash that one cannot bundle or containerize. Mr. Jackel left the Council Chambers at this time. - 17 - 06/28/83 Mrs. Elizabeth Matthews advised that the Clean Community System has written material which will go to all residents within the City and there is written information which the contractor will stick on the containers. Further, it is her understanding that the City will mail a letter of instructions covering all of these things. At this point the roll was called to the motion. 41. Ordinance No. 46-83 - Types of Garbage and Trash Collection. Ordinance No. 46-83, amending Chapter 12, "Garbage and Trash" of the Code of Ordinances relative to types of garbage and trash collection and adopting the service map, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 12th. The City Manager presented Ordinance No. 46-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SECTION 12-8.1, "LOCATION AND DESCRIPTION OF SERVICE TYPES", TO ESTABLISH THE LOCATIONS AND REQUIREMENTS FOR THE USE OF THE TYPES OF GARBAGE AND TRASH COLLECTION SERVICE THROUGH- OUT THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel returned to his chair at this time. Mr. Perry moved for the adoption of Ordinance No. 46-83 on First Reading with the change for Spanish Wells from Type D to Type B, 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. 42. Ordinance No. 47-83 - Rates for Garbage and Trash Service. 'Ordinance No. 47-83, relative to setting new rates for garbage and trash collection for all five types of services, is before Council for con- sideration on First Reading. If passed, Public Hearing will be held July 12th. The City Manager presented Ordinance No. 47-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 12-15, "REGULAR CHARGES LEVIED", AND ENACTING A NEW SECTION 12-15, "REGULAR CHARGES LEVIED", TO ESTABLISH THE SERVICE CHARGES FOR GARBAGE AND TRASH SERVICE FOR ALL TYPES OF SERVICE WITHIN THE CITY OF DELRAY BEACH WHETHER RENDERED BY THE CITY OR ITS CONTRACTOR; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Upon question by the public, Council Members advised that rates have not been changed. Mr. Perry questioned the inequity in rates between Pines of Delray and Pines of Delray West. The City Attorney stated it depends upon the size of the container and the number of pickups per week versus the number of units. Mr. Schwimer pointed out that Pines of Delray is about 2½ times the size of Pines of Delray West. Mr. Perry added that he spoke with Mr. Silverstein yesterday who suggested that possibly what was needed was to have the Pines of Delray Association reexamine its container needs. - 18 - 06/28/83 Mr. Stanley Katz, Pines of Delray ~est, thanked Councilman Perry for coming over and reviewing their situation. He stated he feels that there is something wrong with the figures they were given and asked that they be reviewed. Mr. Perry stated that he has spoken with the City Manager on this and he suggested that possibly with a review of their needs, that if they had less two yard containers and more larger containers, they might be able to ameliorate out some of that cost. Mr. Bird moved for the adoption of Ordinance No. 47-83 on First Reading, recognizing that Mr. Katz and others have some legitimate concerns and noting that if there is an inequity it can be amended between First and Second Reading, seconded by Mr. Perry. 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. 44. Force Main on Lake Ida Road. Council is to consider Change Order No. 4 increasing the contract price by Barile Excavating & Pipe- line Company in the amount of $19,534.65 for a total net contract price of $409,735.15. This change order covers delays in time and renting of equipment. Mr. Jackel suggested tabling this item until they can get some backup material on it. Mr. Bird moved that this item be put on their next workshop agenda, seconded by Mr. Perry. Said motion passed unanimously. 45. Interlocal Agreement Between the City and Palm Beach County Two Cent County Gasoline Tax. Council is to consider authorizing execu- tion of an Interlocal Agreement relative to Two Cent County Gasoline Tax in Palm Beach County. Mr. Bird stated that he had a conversation today with Mayor Konrad and they share a concern about the wording on page 5. Mayor Konrad offered a suggestion that this be a matter of discussion at the Metropolitan Planning Organization meeting on July 7th and Council take action at their July 12th meeting. Mr. Jackel left the Council Chambers at this time. Mr. Bird moved to postpone this item to July 12th, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. Mayor Young declared a recess at 10:15 P.M. The meeting reconvened at 10:27 P.M. Mr. Jackel returned to his chair at this time. A3. Council is to consider ratification of the SCRWTD Board co~tract for David Sloan, Executive Officer. Mr. Bird moved for ratification, seconded by Mr. Campbell. Said motion passed unanimously. Al. Ordinance No. 48-83 - Mechanical Containers. Ordinance No. 48183, amending Chapter 12 "Garbage and Trash" of the Code of Ordinances relative to mechanical containers, is before Council for consideration on First Reading. If passed, Public Hearing will be held on July 12th. The City Manager presented Ordinance No. 48-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-8 (i), "MECHANICAL CONTAINERS", TO PROVIDE FOR PROHIBITIONS - 19 - 06/28/83 FOR BLOCKING ACCESS TO MECHANICAL CONTAINERS, AND FOR PROHIBITIONS ON USE OF OR DEPOSITING OF GARBAGE AND TRASH INTO MECHANICAL CONTAINERS EXCEPT THOSE ASSIGNED TO OR PAID FOR BY SAID USERS; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 48-83 on First Reading, seconded by Mr. Perry. 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. A2. Ordinance No. 49-83 - Method of Billing. Ordinance No. 49-83, amending Chapter 12, "Garbage and Trash" of the Code of Ordi- nances relative to method of billing for charges, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 12th. The City Manager presented Ordinance No. 49-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", ARTICLE I, "IN GENERAL ", BY AMENDING SECTION 12-16, "METHOD OF BILLING FOR CHARGES", TO PROVIDE THAT THE CITY'S CONTRACTOR(S) SHALL BILL THE CUSTOMERS RECEIVING TYPE E, MECHANICAL CONTAINERS AND COMMERCIAL REFUSE CONTAINER SERVICE, AS SET FORTH IN SECTION 12-15, THE MONTHLY SERVICE CHARGES FOR SUCH SERVICE, BUT THAT ANY DELINQUENT BILLS SHALL BE COLLECTED BY THE CITY PURSUANT TO THE PROVISIONS SET FORTH IN THIS CHAPTER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 49-83 on First Reading, seconded by Mr. Perry. 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. A4. Mr. Bird stated that he asked for one additional item as a matter of privilege and it is the most difficult thing he has done since he has been on Council. In their Council/Manager form of government, it is essential that a high degree of confidence exists between Council and the City Manager. When that confidence is absent, Council will experi- ence difficulty in making appropriate policy decisions. Their advisor, the City Manager, no longer enjoys his confidence. Unfortunately, recent actions have not restored his faith, rather they have eroded it to a point where there is no expectation on his part that this vital trust can be restored. Mr. Jackel concurred with Mr. Bird's comments. Mr. Bird moved that the City Manager's contract be termi- nated at midnight tonight and that Mrs. Arnau, City Clerk, be named as Acting City Manager, seconded by Mr. Jackel. 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, Mr. Campbell stated that considering the importance of the matter, he feels they should allow those members of the public who wish to make a statement to do so. His own preference would be not to vote on this tonight, but give themselves some time for reflection, considering the gravity of the situation. Mr. Perry stated that he has yet to see one shred of evi- dence that the City Manager has done anything counter to what Council would expect of an excellent City Manager. He is shocked by this pro- posal and this is one of those moments when he is embarrassed to sit on this Council. - 20 - 06/28/83 Mr. Campbell moved to table the motion, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Campbell - Yes; Mr. Jackel - No; Mr. Perry - Yes; Mayor Young - No. Said motion failed with a 3 to 2 vote. At this point the roll was called to the motion on the floor. Mr. Bird and Mr. Jackel left the meeting at this time. Mrs. Kathi Sumrall stated that she is appalled at the treat- ment Council has given the City Manager and added that the disrespect and sarcasm aimed at Mr. Tiffany in recent months was not fit for a dog. Other than the recent reprimand, she has not seen any evidence of mis- management by Mr. Tiffany. Council is more interested in personal, egotistical and political gain than in the business of this City. She feels Council has sold its integrity for votes and asked when the busi- ness of this City became limited to five men, instead of the 45,000 who live here. The people of Delray Beach voted Council into office to govern this City, not to rule it. In closing, she stated that she does not appreciate and has been embarrassed by Council's behavior in recent months as well as the action it has taken against Mr. Tiffany tonight. They made her ashamed to be a part of Delray Beach. Mayor Young declared the meeting adjourned at 10:38 P.M. 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 Council of June 28, 1983, which minutes were for- mally approved and adopted by the City Council on/~~ /~ ff~_~. 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 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 set forth above. - 21 - 06/28/83