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07-05-83SpMtg JULY 5, 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 7:00 P.M., Tuesday, July 5, 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 - Acting City Manager Elizabeth Arnau and City Attorney Herbert W.A. Thiele. Mayor Young called the meeting to order and announced that this meeting has been called for the purpose of (1) considering approval of Change Order No. 4 for Barile Excavating & Pipeline Company in the amount of $19,534.65; and (2) clarification of benefits for Sanitation Division employees. (1) Mr. Robert Pontek, Utilities Director, discussed the items within the scope of Change Order No. 4 for Force Main 80. He outlined the costs and advised that the major line item is under "Contract Delay" which he explained. Upon question by Mr. Jackel, Mr. Pontek advised that it was not Mr. Barile's fault and that the $3,600 a month charge is a fair charge for well point equipment. Mr. Jackel requested that they include the Lake Ida Road restoration as part of this discussion and asked Mr. Clay Blanton for an update on it. Mr. Blanton advised that they have contacted Mr. Roy Flack, developer, and they are trying to set up a meeting for 2:00 P.M. tomorrow with himself, Mr. Pontek and Mr. Flack to discuss that area. As he understands it, the subdivisions to the east have not voiced complaints. Mr. Jackel stated that Mr. Flack, in his reply, stated it was a poor job and invited them to take a look with him. Mr. Jackel feels Mr. Flack deserves that courtesy and he would like to see this matter resolved. Mr. Jackel asked how they responded to Mr. Barile's letter. Mr. Pontek advised that, after discussion with the City Attorney, they disagreed with Mr. Barile's statement that he would not go back to work if the change order was not approved. They felt that the contract requires his performance whether or not they are in negotiations for a change order. Mr. Perry noted that some time ago they had a meeting at the site, at which time they came to the conclusion that the restoration had been completed. After their discussion about two weeks ago, it was his understanding that they had determined that they would leave this in the hands of staff to go out and evaluate. He is not certain that it is a good idea for them to get involved in this again and suggested that this be held off as a separate item at a later time and that they only ad- dress the change order now. Mr. Bird moved for approval of Change Order No. 4, seconded by Mr. Jackel. Said motion passed unanimously. (2) Mr. Bird stated that it came to his attention last week that the proposed solution for compensation for their employees who are going to %4aste Management was to compensate them as if they were leaving the City of their own volition. He felt this was unfair to the employees and that they owe these employees full compensation for their accrued sick leave because the employees have no alternative. Mr. Bird moved that they approve the $33,968.06 which repre- sents the amount required to be paid if all the accrued sick leave were paid for, with proceeds to come from the sale of the sanitation equip- ment, seconded by Mr. Jackel. Said motion passed unanimously. Mayor Young declared the meeting adjourned at 7:20 P.M. Actihg City Clerk ATTEST: MAYOR The undersigned is the Acting 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 July 5, 1983, which minutes were formally approved and adopted by the City Council on ~¢~t /~F,, /~-~. Acting City Clerk 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. - 2- 07105/83