10-25-82SpMtg OCTOBER 25, 1982
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 4:00 P.M., Monday, October 25, 1982.
1. Roll call showed:
Present - Council Member Malcolm T. Bird
Council Member Leo A. Blair
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.
Mayor Young announced that this meeting has been called for
the purpose of discussion regarding garbage and trash pick-up.
Mayor Young stated that in August of 1982, Council unani-
mously approved the concept of contract pickup. As far as he knows, no
action has been taken regarding this and they only have two more months
before they will have to impose a rate increase on the 1st of January.
Three Council members, acting independently, have been investigating the
situation. The City Attorney has not yet had an opportunity to read the
proposed franchise agreement. The primary reason for today's meeting is
to bring this out into the open because time is running short.
Mr. Blair stated that Council discussed garbage and trash
pickup several weeks ago; however, no decision was made. At that time
he decided to go out and get some first hand information. He has had
discussions with County Sanitation and they have submitted a document
which is now before Council for consideration. Mayor Young stated that
the costs will be provided to the City Manager and Council in the next
day or so.
Mr. Perry stated that he looked through the document this
weekend and he found items which disturb him. Although the document
cover reads franchise agreement, he feels that the description is that
of a contractual agreement. Additionally, the document does not state
who would take care of the cost of billing and collection. He questions
the legality of entering into a contractual agreement and feels this
should be addressed before they go any further.
Mr. Bird stated that he assumes the City Attorney will
render a decision as to legality and make suggestions for change, if
necessary. If this document, as described by the Mayor, is a beginning
point in their quest to find a method of providing collection at a price
which is more acceptable to the citizens, then he is all for it and will
support it. One major concern which has not yet been addressed is what
will become of their employees.
Mr. Jackel stated that about two months ago, when Council
unanimously approved the concept of private garbage pickup, he started
gathering information. He found that there are many groups of people in
this City who want different types of service. From that standpoint, an
agreement such as this is valid because it would satisfy almost every
part of the City. He feels that this document is an excellent starting
point, that they should proceed cautiously and not put this off any
longer.
In response to comments by Mr. Perry regarding the Boca
Raton incinerator, Mayor Young stated that he discussed it with the
Mayor of Boca Raton last week and they can eliminate the idea that
Delray Beach will have an opportunity to use any incinerator that the
Boca Raton Council approves. In response to Mr. Perry's comments re-
garding loopholes in the document, Mayor Young suggested that Mr. Perry
meet with him and point those out. He would be more than willing to
bring the document back to the gentleman who wrote it and see that those
are removed. One item which is not written in the document, but which
was discussed and agreed upon, was the employment of those City employ-
ees connected with garbage and trash.
The City Manager clarified that there is no garbage rate in-
crease contemplated in January or at any other time during the fiscal
year and he does not plan to advise Council to increase those fees.
Having read the contract, he is concerned with some of the contents;
however, he does not feel there is enough time to discuss those matters
now. He added that a garbage service contract has to be nearly perfect.
Through a good tight contract they can protect themselves from service
interruption and from costs that go beyond their practical control. He
stated that he is not against contract garbage collection; he has had
experience with it in the City of Daytona Beach where his job included
administration and some rewriting of the garbage contract.
The City Manager further reported that, in accordance with
Council's instructions, he has been working on this issue and will be
submitting to City Council, according to the schedule that was estab-
lished, proposed contract specifications that will be open for a public
competitive bidding process, that will allow the citizens to know exact-
ly what services they can expect, that will protect their residents and
businesses as completely as possible against contractor non-performance,
breach, bankruptcy or any other eventuality, that will assure no inter-
ruption of service and will try to provide service at the least possible
cost and keep those costs from escalating.
Mr. Bird moved that this item be tabled and brought back for
consideration at their November 2nd workshop meeting, seconded by Mr.
Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr.
Blair - Yes; Mr. Jackel - No; Mr. Perry - Yes; Mayor Young - No. Said
motion passed with a 3 to 2 vote.
Before roll call, Mayor Young advised that it was never his
intention to take any action until after this had been discussed at
workshop. Regarding Mr. Perry's difficulties with this document, Mayor
Young noted that Schedule A on Page 9 contains provisions for change or
flexibility in the type of pickup; he read that portion aloud.
At this point the roll was called to the motion.
Mayor Young declared the meeting adjourned at 4:30 P.M.
M A Y 0 R
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 October 25, 1982, which minutes were
formally approved and adopted by the City Council on.,~F~/. ~, /'F~-~ .
NOTE TO READER: '7 - -~
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.
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