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Minutes 02-12-91MINUTES - SPECIAL CITY COMMISSION MEETING, BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 A Special Referendum Election will be held at the same time to vote YES or NO on the following Charter Amendment to Section 51: Should the Charter be amended so that a citizen appointed to fill a vacancy on the City Commission serves until the next municipal election, at which time the balance of the original member's term shall be filled by election? In no event shall an appoint- ment or election alter the term of a district seat. Municipal election shall mean the election held on the second Tuesday in March of the calendar year. (Ordinance No. 090-80)" Commissioner Weiner moved, seconded by Vice Mayor Wische, adopt the Proclamation. Motion carried 5-0. 3. Woolbright Partners Litigation Update and Request for Direction/Action to City Attorney Cherof informed the Commission that a Motion for Summary Judgment was pending with respect to the cause of action brought against Mayor Moore. A Summary Judgment is also pending with respect to the cause of action brought against the City, which City Attorney Cherof stated will be heard on the Judge's trial calendar within the next several weeks. The Attorney for Woolbright Partners had indicated to City Attorney Cherof that they were willing to concede that the Motion for Summary Judgment in favor of the Mayor be granted. Since they were going to do that, they were also willing to drop the action against the City if the City would absorb its own costs and Attorneys' fees and also exchange Releases with Woolbright Partners and the principals of that Florida partnership. Yesterday morning (February 11, 1991), a Summary Judgment was entered in favor of the Mayor in that proceeding, and General Releases are being prepared between Woolbright Partners and the Mayor. Commissioner Weiner had requested an update on this. City Attorney Cherof wanted the Commis- sion to consider whether they wanted to absorb the costs in that case, which were somewhere in the $9,000 or $10,000 range. He advised there would be no entitlement to the City recovering the Attorneys' fees or the costs. It would be at the discretion of the Judge. The Judge would have to find 2 MINUTES - SPECIAL CITY COMMISSION MEETING, BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 that the claim brought by Woolbright Partners had no basis in either law or in fact, which would be a burden hard to establish from the City's perspective, especially when the City's original Motion to Dismiss the case was denied by the Judge. As this was a $20,000,000 lawsuit, City Attorney Cherof felt this was probably a good settlement. Commissioner Weiner moved to adopt the recommendation of the City Attorney. Vice Mayor Wische seconded the motion, and the motion carried 5-0. 4. Department of Community Affairs (DCA) and Gary Lehnertz vs. City of Boynton Beach (Comprehensive Plan) - Status Report City Manager Miller informed Mayor Moore the City has had discussions with Gary Lehnertz and Michael Morton relative to reaching an amicable agreement on both sides. He felt the City would be looking at modifications to the Plan. Mayor Moore thought there would be a public hearing for objections. Chris Cutro, Director of Planning, apprised the Commission that the City made an offer to Mr. Lehnertz regarding a settlement. He understood Mr. Lehnertz was in agreement with that. There was discussion between Mayor Moore and Mr. Cutro about correspondence regarding a stipulated settlement. Mr. Cutro agreed with Mayor Moore that the problem was still on the back burner. Mayor Moore did not think Mr. Lehnertz should remain on the Planning and Zoning Board. He stressed that Mr. Lehnertz is the "fly in the ointment" and has cost the City. After further commenting, Mayor Moore emphasized there is no way Mr. Lehnertz should be on the Planning and Zoning Board, responsible for recommending approval of the Comprehensive Plan, when he is filing suit and continuing to block the approval of the Plan. 5. Palm Beach County Municipal League Recommended 1991 State Legislative Priorities (as it relates to SWA) - Review Mayor Moore explained why he put this on the agenda and stated he has always opposed the Solid Waste Authority (SWA) as it now stands. He stated the Palm Beach County Municipal League, which the City is represented on but not at the level of the executive body, had a recommendation dovetailed 3 MINUTES - SPECIAL CITY COMMISSION MEETING, BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 in the legislative package that included leaving the SWA as it now stands. This apparently had been approved by the City Commission in the middle of December. Mayor Moore vehemently objected to that position, and he requested that the City Commission recede from anything that supported that position. He elaborated about the way the SWA is being conducted. Mayor Moore explained that the SWA is now an independent body, consisting of representatives of the Municipal League and Members of the County Commission, which was totally contrary to the issue in the last election. With a very few exceptions, every candidate had promised to turn back the control of the SWA to the County Commission. The City Commission had voted to leave it the way it is now. Mayor Moore stated it is no secret that Tim Hunt controls the Palm Beach County Municipal League. There are dual member- ships between the SWA and the Palm Beach County Municipal League. Mayor Moore further commented about Mr. Hunt. Mayor Moore asked the Commission to recede from its prior action. He agreed with Vice Mayor Wische that the Commis- sion had not been fully advised when they voted on this issue. Vice Mayor Wische alluded to when he supported former City Commissioner Leonard Mann. Vice Mayor Wische felt only elected officials should have the authority to spend vast sums of money. Motion Mayor Moore reiterated his request that the Commission recede from its former position that the Solid Waste Authority should remain the the way it now is. Vice Mayor Wische so moved. Commissioner Artis seconded the motion. Commissioner Weiner did not remember whether the vote of the Municipal League to retain the SWA was unanimous. She informed the Commission that the SWA hired a Consultant. A new rate schedule will be coming out, and changes are being made in the way the SWA is set up. Commissioner Weiner was staying with the recommendation of the Municipal League. Mayor Moore referred to the "Palm Beach County Municipal League Proposed 1991 Legislative Priorities" and asked City Manager Miller to read the following: "Local Government Concerns - Support the Solid Waste Authority as it presently exsists." City Manager Miller stated this was promulgated by the League. 4 MINUTES - SPECIAL CITY COMMISSION MEETING, BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 After discussion, Commissioner Weiner requested that the item be tabled until they could have copies of the minutes of the meeting where the City Commission had voted on this issue, so they would have more information as to what the City Commission did, how the SWA stands now, and what was motivating the Municipal League. They were now looking at only one sentence. Mayor Moore responded it was a very critical sentence. There was further discussion by Commissioner Weiner and Mayor Moore. A vote was taken on the motion, and the motion carried 4-1. Commissioner Weiner opposed the motion on the grounds that the City Commission did not have enough information before them to vote on it. There was further arguing between Mayor Moore and Commissioner Weiner. 6. Recycling Grant Allocation from the Solid Waste Authority (SWA) - Discussion on Funding City Manager Miller stated the grants are promulgated from the Department of Environmental Regulation (DER) of the State of Florida. They grant dollars to municipalities and counties that participate in programs that pertain directly to recycling efforts. The SWA designated the fund which the grants are filtered through. Mayor Moore questioned why Tim Hunt signed the authorization for the grant to the City. He said he would refuse to sign the grant until he gets better input. It looked like Mr. Hunt was giving the City $56,000, based on population. Mayor Moore further commented about Mr. Hunt. Mayor Moore urged that the City Commission reject the grant and tell the SWA to reduce its rates. City Manager Miller reminded him of where the dollars were coming from. If the City does not get the money, it will go to another city. There was discussion. Carrie Parker, Assistant City Manager, interjected that the grant was programmed into the current Sanitation budget to purchase a recycling truck for the City for this year. City Manager Miller added it can only be used for recycling efforts. He did not want to see $56,000 go to another city. Commissioner DeLong moved to authorize someone other than Mayor Moore to sign the Acceptance of the grant. Commis- sioner Weiner seconded the motion, and the motion carried 5-0. MINUTES - SPECIAL CITY COMMISSION MEETING, BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 7. Complaint about Fire Department In response to a call from the ocean side, Mayor Moore stated a Captain with the City Fire Department said the property was not in the City limits. He asked whether the identity of the individual was ascertained and if the complaint was valid. City Manager Miller replied that the individual is being investigated. The complaint was some- what valid, as the City did not actually respond. Mayor Moore felt this was unforgivable. He thought the individual should be cited and some type of punitive action should be taken so it does not happen again. 7. Presentation on Effluent Reuse City Manager Miller said the Commission would not be taking any action on this tonight. He requested that they wait until next Tuesday (February 19, 1991), if they wished to take any action. Zack Fuller, P. E., Camp, Dresser & McKee, Inc., 1500 N. W. 49th Street, Suite 300, Fort Lauderdale, FL 33310, referred to the meeting of the South Florida Regional Wastewater Treatment District (SFRWTD) and the update of the master plan required by DER as part of the construction per- mit. He stated they are focusing on a low pressure system as opposed to a high pressure system, much like the City has in its distribution system for its water system. When looking at serving golf courses, because of the lower pressure, the main sizes can be smaller to serve a few large users rather than larger for high pressure to serve many users. Some communities are going to residential reuse. It appeared golf course irrigation would be the first phase of the reclaimed water system. Mr. Fuller stated they were looking primarily at serving the first phase of the golf courses. Sodium is existing at Hunters Run, Delray Dunes, Pine Tree, Quail Ridge, and Country Club of Florida. Mr. Fuller said they are looking at an initial need of up to 7½ million gallons per day with an average flow rate of between 3 and 4 million gallons a day. They are looking at the SFRWTD providing the water as the wholesaler with the cities taking it at that point, being the retailer, and serving the customers within their service areas. Mr. Fuller said the chloride is being tested because of the toxicity issue. Monitoring the chloride level has been 6 MINUTES - SPECIAL CITY COMMISSION MEETING, BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 very beneficial in looking at reclaimed water. The chloride in effluent is somewhere between 200 and 600 mgs. per liter. Mr. Fuller explained the charts contained in the backup the Commission had. To serve golf courses in the initial phase, Mr. Fuller stated the chloride levels need to be reduced in the City of Delray Beach, or the flow from that plant needs to be separated so that the high chlorides coming from Delray can be segregated from the Boynton Beach effluent. City Manager Miller asked what the highest chloride level that could be utilized in this instance would be. Mr. Fuller replied that St. Petersburg indicated 400 on an annual average was a maximum with daily peaks of 600. The con- sulting group has recommended no more than 200 on an annual basis. Depending on negotiations the SCRWTD and the cities will get into concerning the golf course communities, a point of negotiation will be whether 400, 200, or somewhere in between will be the limit. Delray Beach is addressing the chloride issue, but it will take them some time. City Manager Miller stated it is a long process to reduce infiltration. One way he was aware of was to completely reconstruct the system, which would be almost cost prohibi- tive. All cities have infiltration problems in their sewer collection system. The City's is very much under control. Mr. Fuller informed Vice Mayor Wische there is presently no way of separating the two systems (Delray's and Boynton's) at the plant. Discussion ensued about Delray Beach and the chloride issue. John Guidry, Director of Utilities, interjected that the difference between the two systems (Boynton Beach and Delray Beach) is Boynton Beach has a shallow system with many pump stations. Delray has a deep system, and they have fewer master stations. When they find a cavity in a pipe, it has major infill. Mr. Guidry expounded about Delray Beach. Mr. Fuller wanted to make sure he understood the policy of each city and that he was heading in the right direction in bringing updates. He stated it may be necessary to separate Boynton's effluent from Delray's effluent. That was why he raised the chloride issue. Mr. Fuller said there is a mechanism whereby the flows at the plant could be segregated. He explained how that would allow the plant to be operated as two separate plants. MINUTES - SPECIAL CITY COMMISSION MEETING, BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 Commissioner Weiner inquired whether Delray Beach would go along with this. Mr. Fuller replied they are looking at it. He elaborated and added that the City has a commodity the people want, but the quality has to meet their needs. If the plant is not operated separately, Boynton Beach may be missing the opportunity to serve those customers. Mr. Guidry informed Commissioner Weiner that the golf courses will be mandated to use this system. It is the Water Management District's strategy that effective in 1993, golf course withdrawal allocations will be reduced by as much as 80%. Commissioner Weiner wondered whether Delray Beach could stop the reuse process from happening while they do their studying. City Manager Miller commented about the time and dollars it could take. He noted a lot of these systems have been in the ground for 30 or 40 years. Mr. Fuller told the Commission there is a mechanism to pro- vide water of a sufficient quality, even down to the 200 level, which may be cleaner than it has to be. He added there are mechanisms so the City can move forward on a timely basis with the need without waiting on Delray Beach's ability to reduce the extraneous water from its system. Another issue Mr. Fuller wished to bring up was providing reclaimed water outside the boundaries of the SFRWTD Board's properties. The Board would be the wholesaler to the cities retailing it to their customers, or the Board would be acting as retailer. It appeared to Mr. Fuller that the cleanest way to deal with that issue would be to have the Board act as wholesaler and have two meters. One meter would be for the City of Boynton Beach, and the other would be for the City of Delray Beach. Once the reclaimed water leaves the property the Board owns, it would become a commodity owned by each city, which they would distribute to their customers, bill their customers, and collect for what is outside the fence. What happens within the fence or on the Board's property would be cost shared between the cities. 8 MINUTES - SPECIAL CITY COMMISSION MEETING, BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 ADJOUP~NMENT The meeting properly adjourned at 5:48 CIT~/~ N BEACH  Mayor Vice Mayor Commissioner Commissioner ATTEST: