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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 I �. 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 i 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. i 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 I spray bars on the trickling filter were collapsed, water gushing here and! i 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 I 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