HomeMy WebLinkAboutMinutes Council 122172RIr,ULAR M; L'TING
CITY OF PALM BEACH GARDINS
DFCEMm.R 21, 1972
The Regular Meeting of the City Council of Palm Beach Gardens was called
to order by Mayor Wiley at 8:00 P.M. on Thursday, December 21, 1972 in
the Assembly Room, 10500 N. Military Trail and opened with the Pledge of
Allegiance to the Flag.
ROIL CALL: Roll was called by the City Clerk and present were: Councilman Dunbar,
Councilman DeLonga, Councilman Martino, Vice Mayor Kiedis and Mayor
Wiley. City Manager Robert Carlson and Attorney William Brant were also
present.
MINUTES: The minutes of the Workshop Meeting of December 14, 1972, as amended,
were unanimously approved by the Council. The minutes of the Special
Meeting of December 14, 1972 were read by the City Clerk in full, and
unanimously approved by the Council.
ANNOUNCEMENTS: Mayor Wiley announced that the Workshop Meeting scheduled for
December 28, 1972 was cancelled because of the holidays and a Dance for
Teens would be held on Thursday, December 281.1972 from 7:00 P.M. to 11
P.M. at the Central Fire Station.
Mayor Wiley commented on an item in the Week Day Newspaper stating the
Volunteer Firemen each year sponsor a Santa and during the event held on
Saturday morning, December 16, 1972 a fire call was received to go to the
pediatric section of the hospital. The fire was out upon arrival but
Santa made a visit to all the children and the Volunteers will make this
a yearly event to visit the children at Christmas.
IMPROVEMENTS The Council concurred with a recommendation from the City Engineer,
TO LIGHT-
HOUSE DRIVE: Howard Searcy, that the one bid received from N. D. Adeimy, Inc. for the
improvements to Lighthouse Drive be rejected but the project kept active
and readvertised at a later date.
,- LETTER FROM Vice Mayor Kiedis presented a letter he had received from Mickey Neal,
MICKEY NEAL:
Coach at the Palm Beach Gardens High School, concerning the improvements
to the baseball field at the High School, which was referred to the
r - xegular Meeting, December 21, 1972 Page 2
City Manager to be placed on a :future workshop agenda.
r REPORTS: Mr. Carlson, City Manager, reported the meeting scheduled for Wednesda7
TRI -CITY December 20, 1972 between the Managers of Lake Park, North Palm Beach
ANIMAL CONTROL:
and Palm Beach Gardens to discuss the Tri -City Animal Control program
had been cancelled due to illness.
PLANNING & A communication from the Planning and Zoning Commission was acknowledge
ZONING
COMMISSION: by Mayor Wiley regarding an attached map showing areas for consideratie
for immediate annexation and indicating the remaining area as a reserve
annexation classification. The City Clerk was instructed to obtain the
property owners of record in these areas and notify them of the Cities
intent to consider annexation, in order to determine what legal procedu
to follow.
VOLLEY BALL Mayor Wiley acknowledged receipt of a report from the Recreation Direct
COURTS:
regarding the cost of installation of additional volley ball courts at
/ Plant Drive which is approximately $2600.00 for two courts with a
recommendation that they be placed at the City Complex site as opposed
to the Plant Drive site. This item will be placed on a future agenda
for further study.
Mayor Wiley read the following reports to bring up to date the actions
taken during the week in the consideration of Ordinance #20, 1972, an
Ordinance repealing Ordinance #14, 1970 which imposed a moratorium on
the issuance of building permits.
METING WITH A report dated December 19, 1972 on the meeting he and the City Manager
REPRESENTATIVES
OF PALM had with Mr. Fred Trapnell and Jack Schwencke, representatives from the
BOUNTY
UTILITIES: Palm Beach Cokpnty Utilities Company, where they discussed the Utility
Company's application to the Area Planning Board for Agent or Sub-Agent
designation and to determine if the City could in any way assist in this
objective; also their plans for a new plant tentatively to be located
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�. north of PGA Boulevard, south of Donald Ross Road and East of Canal 18
to handle an average daily hydraulic capacity of 10 million gallons.
Regular Meeting, December 21, 1972 Page 3
LETTER FROM A letter dated December 18, 1972 from Mr. Jack Schwenche stating that
JACK SCHWENCKE:
should the moratorium be removed, the Palm Beach County Utilities
Company would refuse to take applications for service due to the fact
that the Department of Pollution Control has informed them it would
jeopardize the issuance of a temporary operating permit, which they
have applied for. This application will be considered by the State
Department of Pollution Control on January 19, 1972.
MEMORANDUM A memorandum from the City Attorney, William Brant, stating he had
FROM ATTORNEY
BR contacted Mr. Hoffman, Administrator, Department of Pollution Control
in answer to specific questions posed by the City in their letter dated
December 12, 1972.- that the Pollution Control would not authorize the
hookups if the City's moratorium is repealed and a permit is issued;
no answer given if a temporary operating permit will be issued with
no _further connections or limited connections until the Board considers
the application and Mr. Hoffman recommended the Council make the repeal
of the ordinance effective only upon the issuance of the temporary
operating permit.
MAYOR WILLY: "As you all know the vote to consider Ordinance #20, 1972 was on a 3 to
VICE MAYOR
KIEDIS :
2 vote. Mr. Kiedis, Mr. Dunbar and myself casting an affirmative vote to
consider this. It puts the Council in a position of berg somewhat at
odds with each other, a position we should not be in, but a position I
think is healthy as far as good discussion and debate is concerned. It
is from that standpoint that I voted the way I did at that time, to keep
the issue opened to indicate willingness to cooperate and try to find as
many facts as I could to make a decision. I think as a matter of calling
on the members of the Council here I would like to call upon first those
members of the Council who took the initiation to enact this Ordinance -
Mr. Kiedis and Mr. Dunbar, Then Mr. DeLonga and Mr. Martino to state
w .
their comments.
"The only comment I would like to make is that all the facets of the
control over building permits and moratorium are in the hands of the
agencies established by the State and County, and those controls plus
Regular Meeting, December 21, 1972 Page 4
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those of Palm Beach County Utilities, in other words Mr. Schwencke, And
I haven't changed my opinion from last week. I would vote to enact the
Ordinance #20."
COUNCILMAN "I have not too much to add except I do like the idea, in that we would
DUNBAR :
like to see it become a part of the Ordinance. That this Ordinance state
that it not become effective until such time that the sewer plant has
been granted its temporary operating permit. Anything else I would have
to say would be just repeating a lot of things that have already been
said."
DR. DWIGHT Dr. Dwight Goforth, Biologist with the Florida Game and Fresh Water Fish
GOFORTH:
Commission, who was invited by Councilman Martino to attend the meeting,
stated the receiving waters of the Sewage Treatment Plant are presently
in a bad state of affairs; that various samplying spots leading from the
affluent plant into Lake Catherine and the Earmin River revealed a
pathetic situation in regard to water quality and the oxygen levels were
greatly,, depreseed. He said "From the standpoint of the aquatic
environment it would not be wise to add additional connections to this
particular facility and I would suggest thxefore that the building
moratorium not be lifted."
MR. FRANK Mr. Malloy, a member of the Area Planning Board who was appointed to the
BRUTT:
Board by the Flood Control District, and who was invited to the meeting
by Councilman Martino was unable to attend. Mr. Frank Brutt, Director,
Regular Meeting, December 21, 1972 Page 5
of the Area Planning Board, took his place and reported on the meeting
of the Area Planning Board held December 21, 1972. He stated that anyone
who desires to construct or expand a sewage treatment facility is
required to get comments from the Area Planning Board, the Flood Control
District (if the discharge from the sewage plant goes to their bodies
of water), the Health Department and the Regional authority. The North
Palm Beach Utility came before the Area Planning Board requesting
expansion and were turned down. This is an effort by the Board to
eliminate a number of small plants and to implement their regional plan.
Mr. Malloy said at the meeting - "I think the Area Planning Board would
be in a very strong position to implement their regional plan if I could
say at the Palm Beach Gardens meeting that both the Area Planning Board
and the Flood Control District are of one mind in the total concept. So
what we +re asking is that the Flood Control District direct their staff
to deny approval of the expansion of the North Palm Beach Utility Plant."
A motion was approved by the Board instructing the Flood Control District
counsel to use whatever means that are at their disposalto tinter suit
against these communities which are permitting hookups that will
ultimately degrade the quality of water that we have. Mr. Brutt said
this establishes an administrative basis to treat otter situations of
this type on a policy basis to stop any discharge that is now happening
to further contributing degradation of our surface waters.
COUNCILh1AN The following is a transcript of comments made by the Council members:
MARTINO :
"I would like to make some personal comments being the newest member of
this body. For the past three months we have been on this topic, the
moratorium. I think we all know, everyboby out there knows, why the
moratorium was put on. I think each one of us up here and each one of
you out there agree we don't want it. It is stymying the growth of our
City and we all agree. The question is what can we do. Tonight we are
considering the ordinance _ now is that the answer. That is what I
Regular Meeting, December 21, 1972 Page 6
address myself to in order to help you here on the Council and you out in
the audience. I would like to digress back to the inception of the
moratorium and give my comments up to the present time as I view it what
has happened, why this change and why we are considering repealing the
moratorium. The biggest thing that I can see is the creation of this
new Board, this State Department of Pollution Control. The promise of
90`,6 BOD removal. This indicates to us the State intends to take a strong
and more positive stand in this area of pollution. This is good. It
underscores what we did here two years ago I believe. However this is a
new agency. Mr. DeLonga has pointed out at past meetings, it doesn't
have a track record, it appears to be somewhat confused on how it wants
to get off the ground. I have an article here in my files that was
written by the Attorney General thatsomewhat contradicts everything the
Department of Pollution Control said it can do for us. There are hazy
areas there as far as I am concerned. I think you all are aware of what
the City Council has done. I think they have met and talked with about
everybody they can. They have tried to find a solution, yet perhaps
we are not there. Physically how has the City changed and why is there
a deduction in the flow rate. The only major contributive I can come up
with is the situation with RCA. The plant at that time was running 3500
employees, today according to their personnel people it is down to around
1000. This gains the plant over here 24,000 gallons through the Board of
Health figures rating per capita of employees at 10 gallons per person.
The other thing I think we have to consider is we have a flucuation, we
are a tourist area I would venture to say. This perhaps would have some-
thing to do with it. There may be a reduction in school population - I
don't know. Those are the only physical changes I can see that have gone
on in the past few years. It has added substantial areas such as the
Tanglewood Development, the Longwood Development that create sewage. I
might add that these areas that I just mentioned have on -site treatment.
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Regular Meeting, December 21, 1972 Page 7
I am not sure what it costs but I am sure the developer would like to see
that removed. I would also like to point out that if we take the
moratorium off tonight he has that right. The Utility Company - this is
an interesting change it has undergone. It has been pointed out quite
vehemently,time after time,that we have talked,on how this particular
company has improved itself. And I am not going to deny it. I think
they deserve a pat on the back. Mr. Trapnell and Mr. Haynes over there
made major improvements and they have the plant operating perhaps at its
peak treatment levels. I an going to ask Mr. Searcy to comment on this
a little later. I listed it in this column although I don't agree with
them simply that the City Council or the City of Palm Beach Gardens shoull
not be in the health business. I don't agree but I will put it in the
plus column. The other thing that as far as I am concerned we are here
to discuss this ordinance tonight is the fact that there are 59
individuals that own lots in this City. Now these 59 individuals if the
u moratorium is lifted can go out and get building permits tomorrow along
with the developers that we have in the City. Anybody else who owns
property. Whether they will be granted hook ups to the sewer,the Utility
Company, is another question. However they have that right. I will put
that in the plus column simply because if an individual - I feel perhaps
the moratorium might be placing a hardship on an individual, and I don't
want the developers in the audience to get the impression that I don't
have sympathy for them either, because I do. I realize the costs are
mounting etc. and I think they have every right to make their profit.
That is what they are in business for. Those as far as I can see are
the pluses to this ordinance that we have created. I can't see anything
else in my observation. I would like to give you the minus factors. I
have alr(�ady mentioned the State course of action, the unclarity of it
as far as I am concerned. I would also like to highlight a comment that
you can read in the minutes of the November 15th meeting that we had with
Regular Meeting, December 21, 1972 Page E
various representatives from different agencies. They eluded to the
fact that the State can site this plant over here to get its treatment
levels up, they can't force that plant to add capacity. Again I would
also like to mention the fact that I :feel there is some confliction
between interpretation of what you are trying to do. Perhaps it will,
once it gets rolling, the Department of Pollution Control will establish
a good track record. I think they made a good start on the West Palm
Beach decision myself. Mr. Searcy also has an interesting section in the
minutes of that particular meeting. He said that this body, this City
Council should not be bearing the brunt of the responsibility for the
lark of capacity over there. It should be borne by the Utility company.
And I think if you stop and think about it you have to agree. They have
no plans on file currently to upgrade that particular facility, to give
it any more capacity. And I am told by several individuals, this may be
challenged, that the more capacity you add to a plant the further away
you get from its designed capacity, the less the treatment level will
become. Another factor in the minus column is the gallons that now
obligate it through outstanding permits. This was a factor in the
decision of the West Palm Beach Plant by the Department of Pollution
Control. I have already pointed out that we have several on -site treat-
ment plants in the area that have every right to disengage themselves
once the moratorium is off. I think it was pointed out that one of the
conditions in granting appeals is the conditions of your receiving waters
Mr. Goforth, I think gave an excellent presentation on his views on what
our receiving waters are in our own neighborhood . They don't appear to
be too good, the environmental condition of our receiving waters. Mr.
DeLonga had one of our own citizens take a coliform count here. They
were presented last week. The Thompson River was extremely high so was
the Earmin River. There are other areas that were below. I am told
these things have to be done over a period of time. The other thing -
Regular Meeting, December 21, 1972 Page 9
as you well know and the rest of us will attest to, we are not experts
in the field of sewage. We have to depend on people such as we have
tonight to help us to do some fact finding. I talked to no one that was
recommending the repealing of this moratorium at the present time. I
would like to make one other point and I will sum this up. I think to
this point in time the City of Palm Beach Gardens is showing an extreme
willingness to cooperate in the field of Pollution Control to anybody
that will listen to them. I think if we repeal this moratorium tonight
we are telling the DOPC, the newest agency in existence, perhaps the one
that can do us the most good in the future, that we don't want to
cooperate. We want you to do it on your own. Those are the minusus tha-
I have. Just to sum up everything I have said real briefly. I asked the
question - why do we have to do it now. I think timing is a critical
importance when we make a decision. I think facts are very critical for
when we make a decision. As you can see I don't think we have enough
facts. There was some brought out here tonight that I didn't know. I
think if we have to be a fact finding board we have to do it. We owe it
to the people who elected us. The other and last thing I would like to
say. When I ran for the Council position that I have now, at the top of
my little pamphlet I had resolutions and moratorium which I have been
reminded of occasionally. Right underneath that I also had control of
City growth. And I can't in good conscience lift this moratorium and
ask people to come into this City and live when I don't have the
facility to give them. Those are my feelings - I would like the
gentlemen here to consider what we are voting on and ask you on behalf
of the citizens that we unanimously reject the ordinance for
consideration."
i
WE
Regular Meeting, December 21, 1972
Page 9 -1
COUNCILMAN "First off last week I asked Mr. Hancock to report on the coliform count
DELONGA:
from the samples we had taken at five locations and I will go through
them very briefly. The bridge off Military T3*1 -100, near the well
next to the bridge - 50, the bridge near the Elementary School - 1500,
the bridge near Howell Watkins -500, C -17 Canal -5000 and the Earmine
River behind the First American Bank - 400. This week through the
cooperation of Mr. Jeff Wolf who is the biologist at Geotec, took sample:
from the same locations. Unfortunately he can't be here tonight to
report on it, he called me before themeeting and indicated that he was
ill and I certainly hope it was not a result of just taking samples from
these locations. But the bridge at Military Trail was up from 100 to 200
the Elementary School was up from 1500 to 2000, at Howell Watkins it was
up from 500 to 5500, in the C -17 Canal it was up from 5000 to 10,000,
at the Earmin River behind the First American Sank it was up 400 to 2000.
At this time I would like to ask Dr. Hathaway if he would care to
comment on this or if he would care to reserve his comments until later
on in the meeting.
DR.HATHAWAY: `. As a gynecologist, public health is not my forte. The standards I
believe for public contact are anything over a 1000 is considered unfit
for body contact. These waters around here are not for body contact anc
nobody in their right mind would swim in the canals here. However I
think that anybody that lives in the Gardens notices that there are
Regular Meeting, December 219 1972 Page 10
numbers of children fishing in the canals and playing at the edge of
the canals. There isntt a very easy way that you can fish without
getting water contact and I think these reports are onumus.11
COUNCILMAN "I would like to continue on. Last week we asked about a report of the
DLLONGA:
efficiency of the Tanglewood plant and members of the Council all have a
copy of this report. It indicates, this was dated October 24, 1972, that
there is 98.1/lo BOD removal which is extremely fine. The calculated
flow was determined to be approximately 24,000 gallons per day and this
is about what Mr. Carlson provided to the Council. There has been some
fine comments concerning the upgrading of the palm Beach Gardens Treat-
ment Plant and as Mr. Martino indicated it is up to about 807, where it
should have been for the past 13 weeks in my opinion. The appearance
has improved. As you notice they painted the plant, they cleaned up
around the settling ponds, they have dug an additional settling pond,
put a fence around it and the equipment has been repaired. There was one
time I walked over there and most of the equipment was broken down, the
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spray bars on the trickling filter were collapsed, water gushing here and!
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there. You could see the pumps were in bad state of repair and so on. I
There was no operator on duty. Any citizen or anyone could just walk
through the plant. Not so today. I an sorry to say that Mr. Trapnell
indicated to us they had the pilot light on to help eliminate the odors.
I was going by that plant at least three times every week since he told
me that and I have yet to see the light on. So I find that there really
has been no decrease in objectionable odors but I think they did do a
fine job over there. I would like to review briefly some of the
objections concerning the moratorium. One of which was indicated the
property owners cannot file suit against the Utility Company because of
the moratorium. And our City Attorney indicated last week that they can
and if anyone cares to have him elaborate on that I will have him do so.
If not, I would like to ask him another question that might be relevant
Regular Meeting, December 21, 1972 Page 11
this evening. The question being Bill - what entity would have the
higher authority in regard to the moratorium in issuance of building
permits, and I will site an example here. If the Pollution Control
Board on January 19, 1973 grants a temporary operating permit to the
Utility Company allowing additional hook ups and the City did not lift
the moratorium, what authority would prevail. In other words is the
Pollution Board's decision of a higher authority than a decision made
by this Council."
ATTORNEY_
"I spoke with the Legal Department of the Pollution Control Board 4in
BRANT:
other words, if for argument sake they permit limited hookups he made it
clear in no way would the Board get involved as to who would receive
permits. It would be given back to the City to determine who actually
would receive permits and how they would be issued. As far as the
finding and fact the State Pollution Control Board is the agency charged
in this field given the power to do this. As for the actual issuance of
~
the permits it would have to be resolved here at the City level.'r
COUNCILMAN
"In other words we can still effect the moratorium if we so desire even
DELONGA:
though they can grant additional permits on it.
ATTORNEY
"Based on the advise I have they will in no way force the City to issue
BRANT :
permits."
COUNCILMAN
"I will continue on then. One of the other comments concerning the
DELONGA:
moratorium was that the plant is not over capacity. Now there was a
question came up this past week as to what is the actual designed
capacity of the plant. The Council was always laboring under the opinion
that the capacity, the designed capacity, of the plant was 700,000
gallons and the BOD renoval based by per cent and I would like to present
this tonight. We have three individuals in the room that attended the
meeting of the Public Service Commission on November 19, 1969 in
connection with a Certificate of Public Convenience and Necessity by
the Palm Beach County Utility Company. These are our City Manager Mr.
Regular Meeting, December 21, 1972 Page 12
Carlson, our City Engineer Mr. Searcy and City Attorney Bill Brant and
upon return from that particular meeting Mr. Brant summarized it for us
and I would like to read what he said "The engineer for the petitioner
(and I believe it was Brockway, Anderson and Owen) was candid and honest
in my opinion and stated the plant in the City was designed for 2,000
single family connections and of November 17, 1969 we have 2,137 water
connections and 2,070 sewer connections. So Mr. MacArthurs Engineer
stated the capacity of the plant was 700,000. I think the members of
the Council are also in receipt of a letter from the Department of
Health and Rehabilitative Services dated June 9, 1971 written by Mr.
Ralph Baker to Mr. MacArthur and I will read a brief exet;rpt. "You
also possibly may recall that this agency approved plans under serial
#11,876 dated October 6, 1970 with the expansion of this facility from
700,000 gallons per day to 1.26 million gallons per day and this
expansion never took place. So in my mind this should settle what the
�. designed capacity of that plant is. Since February 1970 during a period
of 35 months there has only been five months in those 35 months where
that sewage treatment plant has opereated below 700,000 gallons. In my
opinion the other 31 months that plant has been operatli.ng in an over
capacity condition and it wasn't until just recently that the per cent
BOD removal was improved to 80 -850. I might add that the average daily
flow for that 35 month period considering all the days of the year, the
average daily flow was 744,300 gallons. Mr. Trapnell and some others
have eluded to the number of units that may be connected to that
particular plant. Mr. Trapnell felt there could possibly be 3000
connections hooked up to that plant. Now if the Council would even accept
Mr. Trapnell's comments, the Council also has a resume of the number of
units that we have. We have 1,751 single family homes, we have 1,172
apartments and condominiums, that is a total of 2,923 units that are now
on the line. Now Longwood has 64 units outstanding, Tangiewood has 184
Regular Meeting, December 21, 1972 Page 13
units outstanding, so if you add those outstanding units it comes up to
3, 170 units. If you consider Mr. Trapnell's figure that there is an
average of 3.5 people to each family and each person in the community
utilizes 100 gallons of water per day, we come up with a load on that
plant being 1,109,850 gallons. That is if you take the population of
our City, you come up with a number here of actually 2.66 per people per
family. Now these numbers as far as the units are concerned doesn't
include certain things. And I would like to qualify the next statement
because not all students that go to our high school live in Palm Beach
Gardens, and by the same token not all employees of RCA left this
community when the layoff hit. Just for your information there are
4,779 students attending our four local schools. The RCA indicated there
are 1,000 RCA employees. We haven't even talked about such things as the
employees of Fine Builders, Country Club homes, Klock Company, New
England Aircraft, other businesses for example. We haven't talked about
the number of gallons be added by the hospital, the churches or even the
golfers utilizating our golf course. Nor does these numbers include the
126 rooms at the Holiday Inn. The population increase alone in our City
we
since 1970 is 6,007 when /were declared the fastest growing City in the
United states by the Bureau of Census. In November our estimated
population is 7,794. This is an increase in the City population even
though the moratorium has been on of 1,787 -,ogle and using the
gallonage per person that we calculated, Mr. Trapnell indicated 100 and
it actually comes out to 95. The actual gallonage going through that
plant should have increased by 170,000 gallons. If we deduct the 10
gallon per person that the RCA folks that were layed off utilized, we
can subtract 24,000 gallons. We should have seen a net increase of
146,000 gallons through that plant in the last two years by all standards
of statistics. I think that points out one very unusual aspect about
this whole situation whether it is our plant or any other utility plant
in the area, and that is the acceptance of the Health Department and
Regular :fleeting, December 21, 1972 Page 14
other governing agencies of reports submitted by the Utility Company
without any check in balance. And I think there should be some check on
the reports submitted by any Utility Company to cerify it. The other
comment was there was no health hazard involved and the strongest
1,
v
statement that I have been able to obtain so far from anybody was that
there is a potential dangerous health hazard in the north County area,
meaning Palm Beach Gardens, North Palm Beach and Lake Park. In my `
opinion the coliform counts presented are very high, perhaps later on in f
this discussion other individuals in the audience may contribute some-
thing more on this particular subject. The other comment was that the
City should not be in the moratorium business. And I feel that the
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i
citizens of this community elect their Councilman to represent them in
all aspects of their every day life. This incluaes health, safety,
sd;oolin transportation, recreation and so on. If there is a
g, p , problem
with mosquite control they call the Council, rightfully,so; if there is
a problem with hazardous roads or hazardous intersections they call the
Council, and I feel they should. If there is a problem with schooling,
double sessions, they call the Council and I think they should. In
Recreation and so on. I might add if I see any of these items being
neglected by any agency, either elected or appointed, charged with the
regulation and control of these items, I will do everything in my power
to correct that situation. Even if it means assuming that
responsibility, provided I have the authority to do so. And that is what
I
I think the Council was elected to do. Applying this philosphy to the
if
moratoriu= Any official of our Community or any other community permits
to waddle
their constituants An their own or in someone elses afflumt4 they are
going to have to bear the responsibility for that, but that is not what
I want for the citizens of our community. I think the Councils
consideration, and I stated this previously, on this moratorium
ordinance is premature. I feel we should at least have the
Regular Meeting, December 21, 1972 Page 15
benefit of the results of the Area Planning Board's hearing and the
investigation and the hearing of the Pollution Control Board January 19,
U 1973. Additionally I can't look out the window and see any new sewage
treatment plant being constructed in PalmBeach Gardens. So in the past
two years I don't feel we have gotten very far. I think my additional
loading on the existing system will cause further deterioration of that
condition. I also think it is ironic that we were the first City in this
State to declare a building moratorium, a self imposed moratorium, now
that most of the others are considering taking the same action, this
Council is discussing altering its course without a brick being layed.
Fox, those reasons I will not vote for lifting this moratorium."
MOTION TO Motion made by Councilman Dunbar, seconded by Vice Mayor Kiedis to table
TABU ORD.
the second reading of Ordinance #20, 1972 to a Special Meeting to be
called on January 25, 1973 to take advantage of the results of the
meetings that will be held on January 18, 1973 and . January 19, 1973. Vote
on motion _ Councilman Dunbar and Vice Mayor Kiedis voted yea, Councilman
Martino, Mayor Wiley and Councilman DeLonga voted nay. Motion defeated
by a vote of 3 nays and 2 ayes.
MAYOR WILEY: "Generally speaking we still have factors for consideration for r Ling
of the motion. I agree with Mr. Dunbar's intent to table that motion.
I will not vote favorably on any motion to consider the moratorium
ordinance this evening for several reasons. One being the cooperation
factor of the Department of Pollution Control, their request specifically
not to do anything until after they had the hearing for the temporary
operating permit. Also based on a letter we had from Mr. Schwencke to
not accept any applications.
Also there is a tremendous amount of information we do not have at this
time. Number one a priority list. I have a recommendation I would like
to see the Council add to some legal document, be it the ordinance we
enact now or some subsequent concurrent ordinance. I will share with you
Regular Meeting, December 21, 1972 Page 16
my thoughts on that priority list for additional connections if any are
to be granted. Number one would be single family lot owners of record
as of November 1970, some 40 or 57 lot owners who have a hardship case,
if they can't get relief through the hardship provision of temporary
operating permit. Number two, three and four are Tanglewood, Longwood
and the hospital to get rid of their on -site treatment plants. Number 5
are those who had permits who were cancelled. Then if there is any
capacity left after that it is opened up to new connections, but I would
make those new connections limited on a ratio basis of 50 -50 single
family residents and multi family residents. Right now as Jim indicated
we have 1750 some single family residences and around 1200 or 1300 multi
family residences. I think it has been very clearly indicated to the
Council who want that kind of a split of at least 50 if not more of
single family residences. I would like to propose that as a priority
list if the Board of Pollution Control does not have one of its own. Also
I think we should maintain ourselves in a cooperative listening position
as far as the owner of the Utility Company is concerned, as far as the
various agencies involved are concerned. We are going to have an input
I hope to the influence of Mr. MacArthur's plant. I am vitally
concerned with the proper solution, I am concerned with a solution that
can be implemented also. I don't think the solution that the County E
offers right now can be implemented so serve the residents of this City
4
r
any good in the near future. i tend to go with what I know on a limited
basis from Mr. MacArthur's plant. That briefly are my comments. I
prefer to stay somewhat in a status quo holding position right now.with
I
taking no action on the moratorium this evening."
I
I
SI FINE: Si Fine spoke from the audience and complimented the Council on their
thorough investigation to find a solution to the problem and recommended
lifting the moratorium to show a willingness to cooperate with the
developer and put the people who are most qualified in a position to
I
decide when connections shall be made. j
Regular Meeting, December 21, H72 Page 17
MOTION TO Motion made by Councilman DeLonga, seconded by Councilman Martino to
REJECT ORD.
01 . reject Ordinance #20, 1972 in total until the time comes when the Council
u has additional facts, then the moratorium problem can be considered.
Vote on motion - Councilman Martino and Councilman DeLonga voted aye,
Mayor Wiley, Vice Mayor Kiedis and Councilman Dunbar voted nay. Motion
defeated by a vote of three nays and 2 ayes.
MOTION TO Motion by Vice Mayor Kiedis, seconded by Councilman Dunbar to table the
TABLE ORD.
#20, 1972: second reading of Ordinance #20, 1972 to a Special Meeting on January 25,
1973. Vote on motion - Councilman Martino and Councilman DeLonga voted
nay, Mayor Wiley, Vice Mayor Kiedis and Councilman Dunbar voted aye.
Motion carried by a vote of three ayes and 2 nays.
ORDINANCE #21 Ordinance #21, 1972 transferring funds within the current fiscal Budget
9
was read by the City Clerk on first reading and will be placed on second
reading at the next Regular Meeting January 4, 1973.
ITEMS FOR DISCUSSION:
VICE MAYOR The City Manager informed Vice Mayor Kiedis that the Public Works
KIEDI_S :
Director was getting new unit costs for street repaving.
Vice Mayor Kiedis inquired about the newspaper pick up schedule by the
Band Parents and was informed by Councilman DeLonga that they no longer
did this but that the Boy Scouts were conducting a pick up.
COUNCILMAN Councilman DeLonga asked about the seeding of the 10 acre parcel and
DELONGA:
was informed by the City Manager that the Public Works Director was
getting a recommendation from the Agricultural Department on the kind
of seed to use.
Councilman DeLonga asked about the status of the Self Service Postal Unit,
Si Fine stated he had submitted a bid to the Postal Department and he
will build the unit as soon as he has received final approval from Mr.
Vitek.
Mr. Fine requested a renewal for a permit for a partially completed
home on Holly Drive stating he has received a Quick Claim Deed, a Waiver
i
Regular Meeting, December 21, 1972 Page 18
of Redemption, and a ccpy from the Utility Company of a paid up sewer
and water bill.
Attorney Brant stated it was his opinion that the permit was allowed to
lapse involuntarily through litigation as apposed to voluntarily; also
this was calculated in the gallonage approved at the time of the
moratorium.
The Council concurred that the City Manager handle the situation
administratively.
COUNCILMAN Councilman Martino inquired about the status of the incinerator at the
MARTINO:
Publix Market and the City Manager reported he had not received a report
from the Fire Chief on his findings.
Councilman Martino commented that the deadline had not been met for
the schedules he had requested from the Public Works Director.
BIDS FOR The City Manager reported he would like more time to obain additional
TENNIS LIGHTS
AND FENCING specifications before recommending the award of a contract for the
& CAB AND
CHASSIS: purchase of a cab and chassis and a refuse packer. He reported he and
the Public Works Director had studied the bids for the lighting for the
tennis courts and recommended the bids be rejected and cost factors be
obtained for the City to install the lights. The Council concurred.
The Council, by unanimous vote, authorized the contract be awarded to
Sears and Roebuck for fencing the 4 tennis courts at the low bid amount
of $3290.00. City Manag?r Robert Carlson stated they will need 90 days
notice on- materials and will be ready to erect the fence before completioi
of the construction of the courts.
REPORT FROM Mayor Wiley acknowledged receipt of a report from Jack Hanson, Building
BUILDING
INSPECTOR: Inspector, regarding inspections of swimming pools with a recommendation
That the Ordinance be modified. The Council instructed the City
Attorney to take the recommendations and prepare a proposed revision for
their consideration. The City Manager remarked that this is the third
report the new Building Inspector has been asked to submit and
Regular Meeting, December 21, 1972
he has done a very commendable job,
ADJOURNMENT. No further business and the meeting adjourned at 11:15 P.M.
r
OR WALTER WILEY
10E MAYOR JOHN KIEDIS
Alice Je Kersla e�ty Clerk
Page 19
UNC 'k
A'Al JAMES bLONC�
�OUNCILb9AN ORD DUNBAR �
Qn�
COUNCILMAN MICHAEL MARTINO