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12-05-77SpMtg 14, I DECEMBER 5, 1977 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 6:00 P.M., Monday, December 5, 1977, with Mayor James H. Scheifley presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson and Council members Robert D. Chapin, David E. Randolph, Aaron I. Sanson, IV., and Leon M. Weekes, present. The Lord's Prayer and the Pledge of Allegiance to the Flag of the United States of America were recited in unison. Mayor Scheifley stated the Special Meeting was called for the purpose of (1) Requesting an extension of time on the water treatment plant expansion permit that expires on December 15, 1977; (2) Consider- ing confirmation of the notice of the City's intention to discuss a partial termination of the Russell & Axon contract sent by the City Attorney to Russell & Axon dated December 2, 1977; (3) Considering authorizing Barker, Osha & Anderson, Inc., to perform chemical tests re. expansion of the water treatment plant (if termination notice re- quirement is waived by Russell & Axon); (4) Considering increasing the cap on payment of legal fees to Jon C. Moyle; and (5) Considering authorizing the City Attorney's office to file suit re. interpretation of the South Central Regional Wastewater Treatment and Disposal Board Interlocal Agreement. City Manager' Mariott stated he would like to comment on several pieces of correspondence that he received this date. One wa~ a letter from Warren Strahm of DER to the City Manager dated December 5, 1977, concerning DER's apparent willingness to increase the filter rate above the present reading of the plant. The three main points were: (1) DER will approve an increase in the filter rate from two to four gallons per minute per square foot if lime or alum is used; (2) that if a co- agulant other than lime or alum is used, the filter rate will be de- termined by performance tests after construction; (3) DER says they will extend our plant expansion permit beyond December 15th if we merely ask them to do so and state we need more time to consider our intentions or proposals to DER. The City Manager advised the second piece of correspondence is a draft of a letter prepared by Attorney Jon Moyle that he proposes to send to Mr. Strahm if it meets with Council approval, requesting that the approval of project plans for the water works improvements be ex- tended until the DER has acted on the requested modification of the plans. Mr. Chapin moved that Council authorize Mr. Moyle to send the letter to Mr. Strahm of DER as recommended by the City Manager, seconded by Mr. Sanson. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - No. The motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mayor Scheifley advised that he would vote against the first four items on the agenda be- cause he feels the City should go ahead with the plans they have at the present time. He stated he believes there will be a moratorium on water connections if there is a delay in the plans for a couple of years; the consequences to this town involving the banks, developers, the job mar- ket and merchants would be measured in the millions, and the City could be in for several years of dire economic straits. Mr. Weekes stated he agreed in part with the Mayor's statements and would do all in his power to see that there is no moratorium on water; however, he disagreed on the imminence of the moratorium being placed upon the City. With regard to Item 2 on the agenda, the City Manager advised that the discussion that it refers to is to take place at the next regular meeting of Council on December 12, 1977, at 7:00 P.M., not 6:00 P.M. Mr. Sanson moved that confirmation be noted for the notice de- livered to the City's engineers, Russell & Axon, of the City's intention to discuss a partial termination, that notice being sent December 2, 1977, for discussion on December 12, 1977, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - No. The motion carried with a 3 to 2 vote. Before roll call the following discussion was had: Mr. John Klinck of the Delray Beach office of Russell & Axon stated he wished to speak to the four items in general, rather than any one specific item. Mr. Klinck read from a letter dated December 2, 1977, from Mr. Everett Palmatier, P.E., sent to City Council with copies to staff and others outside the City. Mr. Klinck refuted several of the statements contained in Mr. Palmatier's letter and passed out copies of "The Ten State Standards" referred to in Mr. Palmatier's letter. Mr. Klinck advised that what he is trying to point out is that the people who put together the Ten State Standards thought direct filtration was of sufficient doubt for general application that they made it the first item discussed in the book. Nowhere else in the book, which describes all other formsof water treatment, inqluding lime softening, is there any discussion of direct filtration. Mr. Chapin asked Mr. Klinck if there is a difference between direct filtration of surface water as opposed to ground water, as the book refers to surface water. Mr. Klinck replied, yes, it applies to any water. Mr. Klinck advised that our underground water is considered to be more variable, more fluctuating, than some surface waters and stated that the DER has been telling us that the statement relating to surface water should apply to our underground system. Mr, Klinck also passed out the first seven pages of a report of one of Montgomery Company's top engineers and read excerpts from same regarding direct filtration. Mr. Klinck presented copies of cost statements, the two most recent submittals Russell & Axon have made to DER; one the September letter which was answered by the DER's October 28th so-called con- ceptual approval. Russell & Axon's letter submitted in September talks about a process which would cost about 2.1 million dollars. When the letter came back from the DER indicating some changes that would have to be made in the plant design, it also brought along the capability of deducting $40,000 for alterations in the treatment-basin scheme. After some additions to comply with the DER requirements, which amounted to about 1.2 million dollars, the process now would cost about $2,618,000 if Russell & Axon didn't add the six additional filters for which they deducted $1,500.00. Mr. Klinck added there are two alternate ways of going - they are very close to one another in cost- the two processes are within less than a half million dollars of each other. - 2 - 12/5/77 143 The City Manager asked Mr. Klinck,with regard to the approved plans, whether or not he is saying that the estimated total net cost of 2.6 million dollars with the possibility of having to add the sludge handling equipment, which is not known at this time - if this were added the total figure would be about 2.9 million dollars? Mr. Klinck replied in the affirmative. Mr. Everett Palmatier, representing the Beach Property Owners Association, stated he wished to talk to two or three points regarding his letter to Council referred to by Mr. Klinck. Mr. Palmatier sub- mitted that the lime softening process injects considerably more material and turbidity into the water than was there in the first place, and con- sequently, does have an influence on the filter rate in a negative way. Regarding the stability of the water, Mr. Palmatier stated he had been advised by Mr. Charles Anderson, engineer, that it is not a good thing to try and run at very high filter rates when you have water whose qualities are varying from day to day, particularly surface waters; however, with the ground waters that we have they are practically the same day after day. Jon C. Moyle, Attorney, stated he wanted to comment on the state- ments made by Mayor Scheifley relative to his concern about the water moratorium. He advised that in the event the direct filtration modi- fied system is approved and the construction plans, 80% of which Mr. Klinck advised could be used on this modified system that satisfies the Berkowitz memorandum which is a secondary barrier, then the situa- tion which the Mayor referred t6 is not going to happen. If Council wishes to go along with this modified system, Mr. Moyle stated he will be glad to represent the City and process it doing the very best job he can, but he has to have some engineering support on this system. Mr. Moyle advised that if those cost figures are accurate and you can build a lime softening plant for the same thing that is being proposed, . then the decision is obvious, but he felt Council should not make that decision right away without being very sure that those figures are cor- rect. He advised he was certain the City could look forward to working in a cooperative atmosphere with both the Health Department and the DER. Mr. Moyle stated that he was not aware that Item 4 was being discussed; however, he has spent a lot of time particularly in recent weeks on this activity and he would appreciate favorable consideration in lifting the cap on payment of his legal fees. Mr. Weekes stated that if Council accepts the figures Mr. Klinck gave and the cost of adding the capability for lime softening comes to about $230,000 over the direct filtration system, it seemed to him that Council would be well advised to accept this procedure, which for a nomi- nal sum of money gives the City the capability in the event that they are not sucessful in getting approval for some form of direct modified fil- tration. Mr. Moyle advised that he would agree that those figures are correct; however, he advised.looking at the cost figures submitted that show the cost of sludge removal of half a million dollars. If that has to be added you have that cost; also if you increase the basins that means it is not a direct filtration system. If the jar tests prove ac- curate and the pilot plant tests prove acceptable, then you don't have the cost of the additional basins. If the modified system that is presently pending is approved, then you don't need those additional basins. Mr. Sanson stated Council has been given the figure of four million dollars for the expansion; for some reason which has not been exp}ained the cost of this proposed expansion has been reduced by a - 3 - 12/5/77 million and a half dollars over the past two and a half years. Also, over the past two and half years of controversy the City was assured that there would be absolutely no way that we could have any other higher filter rate capacity; now that seems to be a reality which is going to save a substantial amount of money to this City. Mr. Sanson stated if we had not been fighting this fight for two and a half years we never would have seen this concession on the part of DER regardless of whether we had gone to lime softening. It also appears now there are some admissions that much of the equipment and actual work on the expansion can be remodified into lower costing expenses. Mr. Sanson advised he agrees with Mr. Moyle when he says all we are trying to do is show fiscal responsibility. Mr. Sanson stated that he wished to have distributed to Council a letter from Mr. Pasley responding to Mr. Williams' letter which contended that there were different water samples from the two cities. Mr. Randolph stated he felt that unless there is a major break- through with some of the experts coming out and giving us iron clad advice that this is best for Delray Beach, there is going to be a question mark in each Councilman's mind when it come time to vote as to what is best for Delray. He stated he appreciates all of the advice that the City is getting from additional experts, but Council must come up with a logical reasoning process. Mr. Chapin stated he feels very strongly about this issue and has tried to do independent investigation on his own as time permits. He stated he is convinced Council has an obligation to this City to try this modified direct filtration system agressively and to pursue that method; if it turns out that we cannot in the next two or three months, we have an alternative to go back to the lime softening process. Mr. Chapin advised that he believes there is a ray of hope for saving substantial sums of money in capital improvements and in operating .costs, not overlooking the health problem, and will vote in favor of all four of these steps to take what he believes is a cautious, prudent step to permit us to get the best possible solution without in any way endangering the lives, jobs, security and the public health and welfare of this community. Regarding Item 3 Mr. Chapin asked Mr. Klinck if Russell & Axon would have any objection to waiving the requirements for partial ter- mination. Mr. Klinck replied in the affirmative. The City Attorney advised that in view of this it is premature of Council under the con- tract to consider authorization of Barker, Osha and Anderson; seven days' notice is required prior to discussion of termination - if ter- mination is decided upon, then a 30 day notice is given and he suggested that this be deferred. Mr. Sanson advised that Mr. Pasley has indicated that upon a formal request from Delray Beach he would be most happy to recommend to his City Council that their pilot plant equipment and apparatus be offered to the City of Delray Beach to perform any tests that might be required. This may cut about 50% of the maximum time limit off the schedule. Mr. Weekes asked how Russell & Axon could pursue an application which they have made for the City of Delray Beach based on information given them by another engineer. Mr. Sanson stated that the chemical tests are relatively independent and feels he would like to see an independent neutral third party perform these tests. Barker, Osha and Anderson is very familiar with the direct filtration method since they 12/5/77 145 have handled the monitoring and participated in all of Manalapan's projects and used Manalapan's pilot plant. Mr. Weekes moved to table Item 3, seconded by Mr. Sanson,said motion passing unanimously. With regard to Item 4, the City Manager advised that the present cap if $2500 and since we are presently at or near the cap; if Mr. Moyle is going to continue to do work for the City, the cap should be raised. Mr. Chapin moved to eliminate the cap of $2500 and that Mr. Moyle be retained on an indefinite basis with the proviso that Mr. Moyle sub- mit his hours to the City Administration on a monthly basis. Mr. Weekes stated he would be willing to increase the cap to $5,000. Mr. Chapin and Mr. Sanson felt the cap should be raised to $7500. Mr. Chapin's motion died for lack of a second. Mr. Sanson moved to increase the financial payment cap on the payment of legal fees to Jon C. Moyle to $7500, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - No. The motion passed with a 3 to 2 vote. Before roll call Mayor Scheifley stated that he wanted to point out that he was not present at the meeting when Mr. Moyle was hired, and had he been present he would not have voted for his retention. Mayor Scheifley stated he believed that this is money that may not be in the best interest of the City in the long run or even a savings. Regarding Item 5, Mr. Weekes moved that Council authorize the City Attorney's office to file a suit regarding the interpretation of the South Central Regional Wastewater Treatment and Disposal Board ~ Interlocal Agreement between Delray and Boynton Beach, seconded by Mr. Sanson. Said motion passed unanimously. Before roll call Mr. Weekes stated he hoped there would be a quorum present at the next meeting of this board to be held this coming Thursday. Mr. Randolph stated he understood that this would be a friendly suit, and if it would go any further than friendl~ then we should decide something on this issue rather than spend an exorbitant amount of money on legal fees. Mr. Chapin stated he feels that it will be a friendly lawsuit betwen neighbors and an opportunity for both parties to get final determinations and get on with the project. Mr. Chapin advised he felt we would have a simple,short resolution of this matter by way of declara- tory judgment whereby the document could be submitted into evidence and presumably a court could resolve this by late December or mid-January~ Mr. Chapin moved at 7:15 P.M. for the adjournment of the meeting, seconded by Mr. Randolph, said motion passing unanimously. ~City Clerk APP~QVED: ~,/ The undersigned is the City Clerk of the City of Delray Beach and the information provided herein is the minutes of the meeting of said City Council of December 5, 1977, which minutes were formally approved and adopted by the City Council on  ity Clerk - 5 - 12/5/77 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 the 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. - 6 - 12/5/77