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Minutes 05-04-82
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 4, 1982 PRESENT Walter "Marty" Trauger, Mayor Tames W'arnke, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Be~?BorQ~'DeputY~C~t~,· Clerk James Wolf, Assistant C±ty Attorney Mayor Trauger welcomed everyone and called the meeting to order at 7:30 P. M. He announced that the invocation would be given by Rev. Douglas Smith, First United Presbyterib~ Church, followed by the Pledge of Allegiance to the Flag, led by Councilman Joe deLong. Mayor Trauger requested that Rev. Smith return to the podium. Mayor Trauger then took a Resolution out of order from the Agenda. Resolution No. 82-II Mayor Trauger read Resolution No. 82-II: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FIORIDA~ ~ING REVEREND DOUGLAS SMITH FOR HIS DEDIf~tTED SERVICE TO OUR CO~MLRqITY." Rev. Smith thanked the City Council and the City for that honor. He stated that now he understood the persistence of the secretary to make sure that he was going to be present tonight. Agenda Approval Under "ADMINISTRATIVE", City Manager Cheney added "G. Cemetery Lots". Transfer of Councilman deLong moved the adoption of the Agenda with the addition. The motion was seconded by Councilmember Woolley and carried 5-0. ANNOUNCEMENTS Proclamation - Better Water for People Week - May 3rd through May 7, 1982 - Open House & Display Tour of Water Treatment Plant May 4th, 2:00 to 8:00 P. M. - May 5th, 10:00 A. M. to 12:00 Noon & 2:00 to 8:00 P. M. Mayor Trauger read the Proclamation, He invited everyone to see the water plant and the plans for future expansion. Municipal Clerk's Week, M~ay 10-15, 1982 Mayor Trauger announced that Municipal Clerk's Week would be May 10 through May 15, 1982. MINUTES - REGULAR CITY COUNCIL MEETING 'BOYNTON BEACH, FLORIDA MAY 4, 1982 MINUTES City Council Meeting Minutes of April 20, 1982 Vice Mayor Warnke was not present at the meeting but called the Council's attention to page 7, the third paragraph from the bottom. The minutes reported that, "the motion carried 5-0." As Vice Mayor Warnke was not present, the vote should have been ~4-0.. Councilman deLong moved the adoption of the minutes as corrected, seconded by Councilman Wright. The motion carried 4-0, with Vice Mayor Warnke abstaining from voting, as he was not present at the meeting. PUBLIC ~UDIENCE Mayor Trauger stated if anyone in the audience would like to speak on any item that is on the agenda, to please come forward and give their names to Mrs. Betty Boroni,:Deputy City'Clerk, He told the audience if they were not sure whether an item was on the agenda, copies of the agenda were on the back table. He further informed the audience that if they were not sure whether an item was on the agenda, they could al.so seek the counsel of Mrs. Boroni, DePuty City Clerk. Mayor Trauger noted the long line and said if a lot of them were going to speak on the same subject, he would rather have it confined to a group who are represented so they would not be repeating over and over, Anyone in the audience who would llke to speak on any item that is not on the agenda should come forward and give their names to Mrs. Boroni, Deputy City Clerk, and they could speak at this time, Vice Mayor Trauger announced. Gordon Dunsmore, 220 Main Boulevard, Boynton Beach, President of the High Point Condominium on Seacrest Boulevard informed the Council that this was his fourth appearance before the Council aboUt their water condition at the northwest corner, where it joins the cemetery. According to Councilman deLong, they have had the condition for seven years. Two weeks ago tonight, Mr. Dunsmore said City Manager Cheney promised to get in tOuch with him within a week. Mr.. Dunsmore was aware of how busy City Manager Cheney is. All he asked was that they be given a specific time. Mr. Dunsmore repeated that he knew City Manager Cheney as extremely busy but if it ms a question of his phone number, his phone number is 732-1537. He again said his name is Gordon Dunsmore and requested they be given a specific day when City Manager Cheney planned to come and meet with them. Although they met in City Manager Cheney~s office, Mr. Dunsmore said they would like to meet on the site, He said'if City Manager Cheney could arrange to do that, he would appreciate it. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Councilman deLong informed the Council that there are two items there. City Manager Cheney would not set a date tonight without referring to his calendar, He apologized for making a promise and not keeping it, He hesitated to make a commitment tonight but assured Mr. Dunsmore that he w culd ~call him, Councilman repeated that he believed there were two items: the property wi~h the encroachment. City Manager Cheney commented that was right and that High Point was encroaching on City land, and that the City had' a drainage problem. Arthur Fitzell, 337 S. W. 5tkAvenue, Boynton Beach, inquired at the City Council Meeting about eight weeks ago on the swale area in his driveway which is washing out and has been washing ~ut since then.. Mr. Fitzell was told then that somebody would have a look at it and inform him what could be done. He has not heard from anyone since then. Mr. Fitzell also asked for a permit to repair it, and has not received an answer, Mayor Trauger asked Mr. Fitzell if he lives in Mango'Heights. Mr. Fitzell replied that he lives in Mango Estates. City Manager Cheney acknowledged that Mr~ FitZetl was before the Council at that meeting, and the City owes him a visit on his swale and the drainage area. Mayor Trauger asked if the City could try to get to that sometime in the next several weeks, City Manager Cheney replied, "Yes." Mayor Trauger told Mr. Fitzell, "If they don~t, let me hear from you again." Mr, Fitzelt said he may not have a driveway by the next several weeks. Joseph Reardon, 338 S, W. 4th Avenue, Boynton Beach, wanted to make the rest of the City Council aware of a situation he was made aware of in the County, Apparently, Mr. Reardon commented, not everyone on the Council is aware of this. On Thursday, April 29, a City truck, City wo~kers~ a Super~isorf and City materials were used to construct a driveway on County property on a private residence, Mr. Reardon informed the Council. He brought it to the attention of Mayor Trauger on Sunday (May 2) and apparently nothing has been done about it, Mr. Reardon wanted to make the Council aware of this. Mayor Trauger acknowledged that' Mr. Reard©n-called him. He informed Mr. Reardon that he and Mrs. Trauger went out there Sunday afternoon. They looked at all of this. Mayor Trauger inquired at the house, got the name and address, and immediately, Monday morning, he had written up a report and had given it to City Manager Cheney to find out what happened and why, who authorized it, and whether it was right or not. Mayor Trauger thought that was pretty fast, as today is Tuesday (May 4). Mr. Reardon asked whether the rest of the City Council were made aware of it. Mayor Trauger replied that they had not been, but he knew what he was talking about. He reiterated that he wrote the report to the City Manager on Monday morning. - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Councilman deLong asked Mayor Trauger if he did not think it would be a good idea, when he sends this kind of communication, that the Members of the Council receive a copy also. Mayor Trauger replied, "Yes. Basically, I wrote it in longhand as I was going to college. I didn't have a copy and left it off here in the morning, and away I went!" Since the matter was raised.in public, City Manager Cheney wished to answer. He said it was ironic that it happened the way it did and the complaint about the activity. City Manager Cheney agreed that the activity was wrong, and the employee ~knows that it was wrong. City Manager Cheney reiterated that it was ironic that this activity was brought to the City's attention as a complaint by people who were concerned about drainage problems. One of the things that the City is reluctant to do is to let emploYees take vehicles home. The employee involved was a super- visor, City Manager Cheney continued, and has not been able to take his vehicle home. With the rain storms the C~ty has had, (and not just for the rain storms but for many years'), this employee has come in on his own time without any pay, remuneration or anything; to handle barricades and the problems etc. He is coming in his p~ivate car from an area where he quite of3ten'-himsel~ is3under~water because he lives next?to[a canal. He has problems getting through water out in the County to get ±n to'~ork¥ City Manager further said that the employee lo'ses ~time by. coming in his private car to pick up his truck at Public Works, load barricades on. his truck, and then get out to solve a problem, or what have you. After the storm on April 24th, City Manager Cheney said they diScussed it again, and City Manager Cheney indicated to him that he Would authorize him to take his truck home because of the common sense of being available to get in quickly and go to th~.Site of the problems. City Manager Cheney stated that they have since modified the rear of ~he tr~ck so they could put barricades and cones in the back of the truck and lock them in so they would not get stolen, and he is now available to come in. Because of where he lives, City Manager Cheney said he did use $16.50 worth of shellrock to pug on a piece of property which happens to be a neighbor's, which the neighbor authorized him to Use. City Manager Cheney told the Council the employee put it there so that the truck would h&ve a place to park, so he could get it out and bring it City Manager Cheney said the employee has been told that' he should not have done that without authorization, and he.is aware of that~ He has been reminded.tha~ y~u-d6n'~~hat~'~'P~obab!y, Ci%y Manager Cheney commented, if the employee had asked'him, he would have given him permission to do it because it makes a lot of sense for him to be~able to come in on his own time. City Manager Cheney reiterated that the employee should not have done it, and he knows he should not have done it, ~nd he will not do it again. As far as City Manager Cheney was concerned, unless the - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Council wishes further action, the issue diem there. Mr. Reardon did not believe building the employee the driveway next to his house is going to facilitate him in getting to work. All that is going to do is keep his truck high and dry. City Manager Cheney told Mr. Reardon it was a City truck, M~r. Reardon advised that this also made the City liable~ if there was an accident with one of the workers while this was going on, Mr. Reardon said it was in the County and not in the City area, City Manager Cheney was aware of that. As far as the $1~6.50, Mr. Reardon pointed out that it was more ~han just that .... ~ because he had the use of the truck~ three or five hours. City Manager there for f6ur or five hours. · ec~use ~. . ~ takes :a~h~'le'_ to ~ity personnel there for perhaps four ~heney asked Mr. Reardon if he was Mr. Reardon retorted that build a driveway. Mayor Trauger disagreed with.~r, Reardon, saying it was not a driveway but a pad, 10x~Xl~5. CSty Manager cheney exclaimed, "It isn't a driveway; it's a pad.! Come one" AS far as it not being the issue that they Were c°nc~rned about in the past, Mr, Reardon thought that any issue that iS involved with the City would be a good policy for any of the City. City Manager Cheney replied, ;'T~ ce_rtai~ly~'~,and I have already eXplained tolyou that he knOws he did not do right, I probably would have a~thorized it because of the nature of things. This~i comes about mn order to facilitate and speed up response to citizens' complaints and problems we had when we had, kind of problem that comes up some night, and we need barri( Mr. Reardon that the City doe~ on stand by, The City has to Manager'Cheney stated-that th~ aIway~available~..heis a supervi~ Cheney repeated that the empl( permission. Councilman deLong did not thi~ permission. He did not think sorry that it ever happened. said that was his point. Vice Mayor Warnke asked Mr. R~ ~ot just drainage problems, but any - a cave in; a bad pot hole develops :ades." City Manager Cheney advised not pay people to stand by and be get somebody to come in. City .s particular employee is usually ~or, and he comes in. City Manager ~yee should-not have done it without ~k it would be-justified, even with it was the right move, and he was Mr. Reardon thanked the Council and ardon if the .employees were on City time or their own time. Mr. ~eardon answered that they were on City time, as it was on a Thursday morning. He stated that he was representing different People~ and the reason that the peOple were irate was because they called, and the City was too busy, which %hey could appreciate. They learned about this later on. Mr. Reardon informed the Council that the City was too busy to come over and fix some washouts and repair the street, which is busy street. School buses etc. go through the street. ~_Mr .... -_ Reardon could appreciate they were busy; they were building this pad. There was loud applause. Councilman Wright commented that he understood everybody in some - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 of these areas are having difficulty in getting in and out. He said he would like for the City Manager and the Council to send this employee a reprimand, asking him to refrain from this, and .to send a letter to all of the City employees reminding them not to use any City property for their personal use. ~Councitman Wright thought it was wrong, as other taxpapers were having trouble at this time, and the City should not be allowing that to happen. City Manager Cheney wished to make one point. AlthOugh City Manager Cheney told the Council it was wrong, he pointed out that the pad was not for the employee's personal use. The purpose of the pad was for parking of the City truck so that he could come to work on quick notification. City Manager Cheney stated that he would not argue with anyone whether it was right or wronq, because apparently it was. wrong, but he wanted to be -sure ~t~e fact~ ~e~'~igh~ He reiterated that the pad was not for the employee's use but for a City truck. City Manager Cheney understood Councilman deLong and did not disagree with what he said. Councilman deLong appreciated what City Manager Cheney was saying bUt he did not believe, under any circumstances, that this should be permitted to exist. If the man has to have a truck, Councilman deLong continued, and you have to put a truck outside of the City limits just to accommodate an employee, Councilman 'felt it was wrongs He thought the man should use his own transportation getting to his place of employment. If he has tO get in there early, Councilman deLong remarked, "That's fine." City Manager Cheney told the Council if they want-.to make i~ City policy that nobody who lives outside of the City ever takes a vehicle home with them, they would delay the ability of the City employees to respond to emergency issues. Councilman deLong asked what employees City Manager Cheney.was talking about. Council- man deLong emphasized that they were not talking about the Fire or Police Departments. City Manager Cheney remarked, ,Same issues, whether it is Fire, Police, or a pot hole or a sinking problem." Councilman deLong thought it was a bad system when the City had to depend upon people who live outside of the City to take City equip- ment to their homes. Councilman deLong expressed that he actually felt it was a better City years ago when you had to live in the City in order to be employed by the City. City Manager Cheney said the City does not require that, and that is another issue. City Manager Cheney tended to feel that it was unfortunate that all employees do not live where they work, but he said the City did not have that system. What the City has, City Manager Cheney pointed out, are emergency responding people who do not l±ve in the City. City Manager Cheney asked Councilman deLong about sewer lines. Councilman deLong questioned, "Don't you~.have a crew on emergency?" City Manager Cheney replied, "No. We don't have stand by crews." He said the City would have to pay for them. Councilman deLong thought the City had stand by crews. City Manager Cheney informed him that the City calls up crews to come in when we have an emergency. Councilmember Woolley inquired if they were paid when - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 the City calls them up, City Manager Cheney replied, "When they come in, but they are not standing by waiting! They aren't on stand-by p~y." Councilman deLong questioned how much longer ~it is going, to take them to ~pick up their equipment and then go, He added, "Leave their car at the place where.they, pick up the City vehicle." City Manager Cheney replied that it depended~on where they live and where the place is that they are going to.. Councilman deLong thought the system was bad and thought it could be done better. If not, he told City Manager Cheney, "Let's do it that way." He reiterated that he thought the City could make better arrangements. As Councilman wright said, Councilman deLong requested that City Manager Cheney come up with a more appropriate arrangement. City Manager Cheney told the Council to tell him what they wanted to do. He said when he looks at this, and they carefully watch who takes vehicles home, he felt it was appropriate. City Manager Cheney said if the Council did not think it Was appropriate, then they should say so, and they would make the changes. He told.the Council they had a major impact on the City's ability to respond or an impact on the City's ability if they apply this fzom department heads' on down to non-utility departments. Vice Mayor Warnke directed a question to AsSistant City Httorney Wolf. He asked about the liability to the City on claims, other~ wise, etc. if the City employees have vehicles at home, He asked if it was covered under the City's insurance~ Attorney Wolf replied that it would be covered under the City'~s £nsurance, If'with- in the scope of their employment, City employees are allowed to take their vehicl~es home, year it would be covered, Attorney Wolf further advised. Councilman Wright was not saying that the Council should curtail employees from taking their vehicles home. He just felt that if there are any problems, wherever they have a private vehicle, they should make those arrangements themselves because he would say it is a fringe benefit to have a vehicle to go back and forth. City Manager Cheney exclaimed, "It's a fringe benefit to come out on Weekends or nights without payS" Councilman Wright remarked that he had to do it sometimes too. City Manager Cheney retorted, "Well, that's not a fringe benefit to be required to come out at night without pay." Councilman Wright explained that what he was saying was the way he is employed, he does it also, but he would think that the gasoline is paid. He asked if the employees pay for their own gasoline in City vehicles. City Manager Cheney replied, "No." Mayor Trauger asked what the Council wished to do with this. Councilman Wright did not want to hastily make a decision to curtail that. He thought the Council should request City Manager Cheney to study the matter and bring them a report by the next Council meeting, so they could further determine how they would like to handle this - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 particular problem. He thought ~t''~ could definitely stifle the progress in responding in some emergencies. Councilman Wright thought if a vehicle, had to be parked, it should be that employee's responsibility to make sure that he has a place to park.it, or-else you could just tell them they just could not use the vehicle. Councilman deLong said that was the recommendatiOn that~ he wanted, that City Manager Cheney come up'with some recommendation, Councilman Wright moved that City Manager Cheney investigate the matter and report back by the next Council meeting, The motion was seconded by Councilman deLong and carried 5-0, Mrs. Boroni advised that three people wish to speak on the drainage problem, and she has them under "Report on Drainage Problem Areas", Since that was on the Agenda, Mayor Trauger moved to Bids. BIDS Reject .One ~1) New 1982 Model Mobile Quick Attack Vehicular un±t with Pump - Fire Department City Manager Cheney said the Council had a memorandum on the bids they took on the fire truck. He said the recommendation was that the bids be rejected until they rewrite the specifications and go back to bid again. Councilman deLong moved to approve the recommendation, seconded by Councilmember Woolley, Motion carried 5~0. Emergency Bid Quotation for Sanitary Sewer Replacement - N. E. 24th Avenue - N. E, 4th Court City Manager Cheney called attention to a recommendation in relation- ship to emergency bids for sewer replacements. He said there were two areas of old sanitary sewer lines in a part of the City where we continually have cave ins and need to replace sewer lines. He said the City has gone to a number of local small contractors to get prices to do this work because the nature and depth requires equipment which the City does not have. City Manager Cheney recommended that the Council authorize the work under the emergency bid basis to Johnson-Davis Inc. -in the amount of~$23,'978~00. Councilman deLong moved that the award b.e given to the Iow bidder, Johnson-Davis Inc,, in the amount of $23,978.00 and that the memorandum received from Perry A, Cessna, Director of Utilities, dated April 28, 1982, be made a part of the public records. Councilmember Woolley seconded the motion, and the motion carried 5-0. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Authorizing Agreement for Revision of City's Master Plan for Water System Expansion - Re: City Program Requirements for Second Water Plant City' Manager Cheney read'his memorandum dated May 4, 1982 to the Council. He recommended that the Council authorize the agreement with Russell & Axon to update the master plans of the water system in the amount of $68,450.00. Councilman deLong moved to approve the authorization of the agree- ment for revision of the C£ty~s Master Plan for Water System Expansion in .the amount of $68,450.00 with Russell & Axon and that the attached documents dated April 29, 1982 (memo from Perry A. Cessna, Director of Utilit.ies to Peter L. Cheney, City Manager) and May 4, 1982 (memorandum flrom Peter L. Cheney, City Manager) be made a part ~ereto. Councilmember Woolley seconded the motion. The motion carried 5-.0. Approve Purchase of Radio Monitor System for Mango Heights Storm Water Pump City Manager Cheney read his memorandum dated May 4, 1982. Councilman'deLong moved to approve the recommendation of City Manager Cheney, as stated in his memorandum of May 4,_~19~82, seconded by Councilmember Woolley, not to exceed $3,000.00. Mayor Trauger asked how muCh did that bring the amount to that the City has invested in the Mango Heights pumping system to date. City Manager Cheney replied, "About $68,000.00." Councilman Wright asked if this was a capital cost. City Manager Cheney replied, "Yes." Councilman Wright assumed'this was a way that the City staff would know that the pump is on and working well, City Manager Cheney informed the Council that it~eKn'bet~se~- to read a number of things. For example, every time one Of the lift stations gets an excess amount of water in the station or is not pumping what it should, or is dry, or the wet. well overloads, the system automatically reports on a computer terminal at the water plant what the problem is at the lift stations, The same things would be done, except it would be a little more complicated. City Manager Cheney said approximately $3t000.00, but it~may be more because they will be monitoring some additional things at this location that they would not do at all at the lift statiOns. City Manager Cheney continued by saying at the lift stations, they care whether the wet wells are overflowing or there is water in the area of the pump where it should not be, or it is not working at all; there is a power outage, or whatever those things a.re. City Manager Cheney said they come out on a printer at the terminal, and then they know wh~t the pr'oblem is and can take care of it. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Vice Mayor Warnke was at that location this morning (May 4, 1982) and the CitY-employees were on duty there, monitoring the lift station with a pump manually and in person where they could be else- where. Vice Mayor Warnke thought this could be a very inexpensive way of monitoring that station without having City employees stand- ing by when there is a heavy rain. City Manager Cheney said the City has become.hypersensitive about that location, so they probably see employees more there than obviously they would like to have there. A vote was taken on the motion, and the motion'carried 5-0. Workmen Uniforms City Manager Cheney just passed out a summary on the workmen~s uniform bid. He asked the Council to recall that sometime ago they took bids on uniforms. There were some protests and some problems, and the bids were rejected.. City Manager Cheney continued by recalling that the City waited until Dade County and the Broward County area wrote some general specifications that, hopefully, would cover basically all of South Florida's specifications, The reason the Council received'the memo a little late was because it also had some questions raised by some of the bidders, Bill Sullivan,~ Purehasing~ Ag~ has been working on it, researching i~~, but City Manager Cheney told the Council they are now satisfied with awarding ~he bid to Barker Uniform Company ~n the amount stated on the summary page, which is for trousers, light green shirts, and emblems, and delivery date etc. He said this ~.i~~ bas±cally for~gr~en uniforms. City Manager Cheney recommended that the Council ~ard the bid to Barker Uniforms. He said they were satisfied it was a good bid and did not 'think anyone was going to protest it after they award it. City Manager Cheney said the total amount is limited by what is in the budget and what the needS are. He said the City has a program where they give out uniforms to each employee for the year. City Manager Cheney ask~ Bill Sullivan to give this information. He added that they budget them and live within that budget. City Manager Cheney requested F~. SUllivan to give the City's authOriza- tion for green uniforms for employees. Bill Sullivan, Director of Purchasing, informed the Council that there is approximately $10,000.00 in the budget.that iS Utility and General Fund. City Manager Cheney requested that he quickly advise how many uniforms.are given to ~mployees. After thity days, if an employee stays that long, Mr. Sullivan advised he receives five sets. The employee would get five work pants, five work shirts, and five T shirts. If, during the course of the year, any of those clothes are destroyed in the line of work, Mr. Sullivan said they would be replaced automatically. At the end of the year, the employee receives automatically an additional three work pants and three work shirts. Mr. Sullivan said it continues on an annual basis unless the uniforms are destroyed. - 10 - MINUTES - REGULAR CITY COUNCIL MEETING 'BOYNTON BEACH, FLORIDA MAY 4, 1982 City Manager Cheney said the City has generally stayed within the maximum of what is in the budget each year, and turnover of employees, and destruction of uniforms. Mayor Trauqer asked about the man that was at Hhe Council meeting the last time about the panHs, that was so unhappy with the City's specificaHions. He wondered if the man had a chance to rebid. Mr. Sullivan referred Mayor Trauger to his Tab Sheet, which showed that the man submitted a new bid. tit was Garment Corp. of America.) Councilman deLong moved to approve the recommendation of the Tabulation Committee and award the bid to Barker Uniform Company, West Palm Beach, Florida. Councilmember Woolley seconded the motion, and the motion carried 5-0. Although Vice Mayor Warnke agreed with the bids, he was a little bit perturbed that they were asked to vote on a $10,000.00 item within five minutes study. He added.that he knew City Manager Cheney was very, very busy, Vice Mayor Warnke thought the Council should be given more time Ho consider and study bids of this nature in the future. Mayor Trauger told Vice Mayor Warnke that this is a rebid of an item the Council had about four or five months ago whereby the specifications were challenged bY several bidders. At the time, the Council said they would wait. Broward was rewriting the specifications for the uniforms so all cities in the area who wanted to avail themselves of the specifications had a standard "spec" for bidding. The bidding price at that time was acceptable w±th the exception of an objection by a bidder. ~ Rather than go through the rejection of.bids, Mayor Trauge~ advised that the Council rejected all bids for resubm±ssion, These are the same basis as that, Mayor Trauger continued. Mayor Trauger understood Vice Mayor Warnke's point and told him if he wished to defer the bid, that was his decision. Vice Mayor Warnke 'did not know the history of it, so said he would "back off." City Manager Cheney assured Vice Mayor Warnke that he does not like to do this at all. Except for the fact that even after they took the rebids and st±ll had'questions, Bill Sullivan, Director of Personnel, was not comfortable in making a recommendation unHil today, City Manager Cheney told the Council. Vice Mayor Warnke reiterated that he did not know the history of it until .today. The other part of it is, City Manager Cheney continued, that they waited so long now that they are short on uniforms and~need them desperately. A vote was taken on the motion, and the motion carried 5~.0. Reject Annual Petroleum Fuel Requirement City Manager Cheney said the City did go out for bid on petroleum products. They had not done this for some time but were not happy with the results that they received. C~ty Manager Cheney recommended that this set of bids be rejected, as they are going to try a different procedure. - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Councilman deLong moved to accept the recommendation of the Tabulation Committee and reject the bids for fuel, based-u~on, the Explanation of Recommendations, as follows: '~No bid~ was able to establish a maximum ceiling price. All prices quoted were for bid opening date only. Purchasing is in the process of preparing new specifications which will attempt to base the bid on one firm price for the year." The motion was seconded by Councilmember Woolley and carried 5-0. PUBLIC HEARING - 8:00 P. M. None. DEVELOPMENT PLANS Request for Excavation and Fill Permit - South Palm Beach Commerce Park, off High.Ridge Road and Miner Road near SCL Ra~i~road..TABLED Assistant City Attorney James Wolf advised that they were to provide thee City Attorney's office (Caldwell, Pacetti, Barrow and Salisbury, 324 Royal Palm Way, Palm Beach) with information, which they have not provided. Therefore, Attorney Wolf requested that it remain on the table. Councilman deLong moved that the question remain on the table, seconded by Councilmember Woolley. Motion cart±ed 5-0. Request Site Development Plan Application Approval submitted by Julian T. Bryan, III for C & H Properties to construct Tract "B" of the Meadows 300 PUD (located on the south side of Meadows Blvd. west of ConHress ~venue) ............ ' ~. T~BLED Councilman Wright moved to remove ~the item from the table, seconded by Councilman deLong. Motion carried 5-0, Carmen Annunziato, City Planner, reminded the Council that the reason this was tabled at the last Council meeting was only because there were some questions raised at the Community Appearance Board that were not answered at that time. He advised that the applicant has now gone to the Community Appearance Board and did, last night (May 3, 1982) secure approval from the Board. Mr. Annunziato told the Council that the application before them was a request for site plan approval in connection with the Meadows 300 PUD. He asked theCouncil to recall that the Meadows 300 PUD is bordered on the south by Canal 20 and on the west by Congress Avenue. Tract "B" is an interior lot bordered on the east by Tract "A", which site plan was recently approved'by Council and pro- vided for the 120 (as Mr. Annunziato recalled) townhouse units. - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Access to Tract "B" is from Meadows Boulevard via a publicly dedicated right-of-way, Mr. Annunziato continued. It circles the property on the interior and, in fact, forms a figure 8, causing lot frontages on Baytree Lane. Mr. Annunziato told the Council that the request will provide for the construction of 86 zero lot line single family detached units plus recreational facilities with an overall density of 4.7 dwell- ings per acre, and it is consistent with the approved master plan for-this PUD. Mr. Annunziato said the application was reviewe~ by the Technical Review Board and went to the Planning and Zoning Board with a positive recommendation, subject to staff comments as follows: Building Dept.: "1. Parking required for pool area; three (3) spaces. 2. Sidewalks required. 3. No roof overhang on zero lot line." For thOse not familiar with the concept, Mr. Annunziato explained that the idea is to, instead of centering the 'unit on the lot, to move it to one side of the lot, therefore, accumulating the set- back on one side of the unit. The zero lot line will not have any windows below eight feet so, in fact, the house (for example) to the east will be looking at a blank wall, Mr. Annunziato further explained, over a rather large setback area allowing use of this area which does not commonly accrue to your usual single family home. Concerning sidewalks in the Building Department's memo, Mr. Annunziato informed the Council that sidewalks were, in fact, bonded as a part of the subdivision's plat, Mr, Annunziato referred to a memo to the file from him, as follows: "City planner: "1, The rear se%back on all lots adjacent to Meadows Boulevard ~ust be twenty~five (125) feet consistent with the PUD ordinance. Mr. Annunziato stated that the envelope p~oposed by the site plan does not provide for the required 25 feet adjacent to-the publicly dedicated rights-of-way. "2. The front yard setback~ on Lots 48, 53, 58 and 66 must be twenty-five (25) feet, also consistent with the PUD ordinance." Mr. Annunziato advised that the PUD code - 3 ~equires a peripheric front yard setback for any setback adjacent to a publicly-dedicated right-of-way. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Mr. Annunziato asked the Council to recall that these are publicly dedicated rights-of-ways on this proposed Tract. City Planner: (Cont.) "3. Suggest applicant provide a landscaping plan for the c~u~on area. 4. Suggest applicant provide a typical landscape plan for cluster houses," Mr. Annunziato said the two comments above (3 and 4-} were suggestions concerning the landscaping plan. The applicant did pro? vide a landscaping pla~ in connection with his resubmission of the plan, to the Community Appearance Board last night (May 3, 1982). City Planner: "= (Cont.) Sprinkler systems are not optional. Mr. Annunziat'o explained that this is a Code requirement. Recreation and Parks: (John Wildner, Park Superin- tendent) "During our review of the site plsn for Tract B of the Meadows '300' Subdivision, we noticed that preliminary plans raerely call for the construction of two sn~.~l ~1 swimming pools as the only recreational facilities to be provided during initial phases of this. project. While the master plan does call for substantially ~ore recreational, facilities in later phases, no indication is made as to when these facilities will be constructed. Again, Mr. AnnunZiato recallled that several months ago, there was a request to modify the master plan of the Meadows 300 PUD to break out two major recreational areas. In this instance, Mr. Annunziato advised that the area which is catty cornered north and west of Tract B is a major recreational area, which provides for active recreational facilities tOinelUde a clubhouse and tennis courts. Recreation and Parks: (Cont.) "Since Tracts A & B combined' will have over 200 dwelling units, it is possible that more than 500 new residents may have only limited recreational ~facilities for an extended period of time. It is recOnm~nded ~that the developer be required to begin development of planned recreational facilities in adjacent tracts at the s~me time he constructs both Tracts A & B." Mr. Annunziato believed there were two ways to handle that comment. One is that these recreational facilities have been bonded in connec- tion with the subdivision improvements for the entire first plat, which is Tracts D, C, B and A. (Mr. Annunziato stated that they did not have this information at the Planning Board Meeting.) Secondly, Mr. Annunziato said there may be some question in the minds of the Council as to when construction will commence. He said he would leave those discussions up to the applicant. As he mentioned, Mr. Annunziato told the Council that it went to the Planning and Zoning Board with a positive reconnnendation and it comes to the City Council with a positive reconunendation from the Planning and Zoning Board. However, there was a split vote of 4-3 with Messrs. Zive, Wandelt, and Winter dissenting. - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Julian T. Bryan, III, Agent, came forward and told the Counc.±l he was the representative of C & H Properties, Mayor Trauger requested him to respond to the two q~estions as to recreation, which were brought out by Mr. Annunzia%o. UnfOrtunately, at the time, Mr, Bryan was not aware that the sub- division improvement bond h~d been amended when it came.¥before the Council.many, many months a~o as the plats fo~ parcets A, B, C and D in the C & H Properties'~ P19t No, 1. The.only things that.were bonded at that time were th9 site improvements (.the water, sewer, paving, and drainage}~, Mr. Bryan informed the Council.. Since that time, as a part of the amendment process to the PUD and the addition of that first recreation area, Mr. Bryan said they did amend the sUbdivision improvement bond and added an additional $91,000,00, he believed, fo~ the imProvement of that'Park~.~s site, and the addition of it, as a matter of~fact', as a site that"Wou~.~be dedicated for this recre~ti~ been included and Of the ap~ ments for those four tracts~ course, before they could r~ subdivision improvement bon~ Mr. Bryan informed the Coun. would be installed before 1~ tracts. Otherwise, they wot Mayor Trauger asked M~. Bry~.n if he had any specific calendar date involved in this, Unfo~tun~.tely, there really was not any at this point and time, Mr. Bryan.r~plied, as they could not keep looking over their shoulder to mark~t, hoping they Could see something a little more positive .on the horizon. He advised that they are pro~ ceeding, as Council ~ay be ~.ware, with models on Tracts A and B. Of course, they Will have t¢, post a bond for those, as they are more or less considered as .fy models at this point and time. Mr. Bryan informed the-Coun as soon as they can get the on Tract A and received the will be in very shOrtly (as~ tion tonight), on Tract B fo~ Bryan advised. Mayor Trauger asked Mr. Bry~ if he understood all of the comments made by Mr. Annunziato from the various staff comments. Mr. Bryan replied, "Yes. We do." Ma~or Trauger asked him if he would accept and agree to those. Mr., Bryan answered, '"Yes sir, we will, certainly; and those various changes regarding setbacks and the item regarding sprinkler system have been amended on our original drawings and re- submitted to Mr. Annunziato's office with all those items checked." Mayor Trauger asked Assistant City Attorney Wolf if he was satis- fied with that and that the applicant understands. Councilman deLong thought the bond should be reviewed by the City Attorney and said the motion could be made contingent upon it. Attorney Wolf did not remember this specific bond but informed the Council that his office did review all bonds. He repeated that he did not ~nal~purp~se'~. Mr.. Bryan stated that has .roximately $1,500,000.00 in site improve- this $91,000.00 is included. Of ~quest of Council the release of that ~, those facilities would have to go in, ~ll, He anticipated that theycertainlY .nd development is completed on the four [ld have the tail wagging the dog, ~il that they would be testing the water models constructed. They have been ±n permit for the model~ on Tract A, and they ~uming. they' receive a favorable ~ecommenda- model and sales area as well, Mr. - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 remember this specific one. He said if the Council wished his office to re-review it, he had no problem with that. Councilman deLong moved to approve the site plan contingent upon review by the City Attorney of the bond, and subject to staff comments. The motion was seconded 'by Vice Mayor Warnke. The motion carried 5-0. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 82-10 Re: Amending Beach Decal Ordinance to provide for Replacement DeCals ~ Attorney Wolf read proposed Ordinance No, 82-10 by title only: "AN ORDINANCE AMENDING SECTION 16782, ~'RULES, REGULATIONS CONTROT.I.TNG PARKING OF VEHICrF~q ~T ~JN!CIPAL BEACH PROPERI~ LOCATED WITHIN THE TOWN OF OCEAN ~, POLICY NO, 1, P~RK- lNG PERMITS" Mayor Trauger said if anyone was in favor of the proposed ordinance, they could come forward and~speak. There was no response. Mayor Trauger asked if anyone was in opposition to the proposed ordinance and said that they could come forward and speak. There was no response. Councilman deLong moved the adoption of proposed. Ordinance No, 82-10 on second and final reading, seconded by Councilmember Woolley. City Cheney commented that the subject came up relative to the procedure the City did have of charging $3.00 for a new permit. He advised that the $3.00 was taken out but he left $1.00 in for an administrative charge, Councilman deLong reminded everyone that he had made the original motion for the ordinance, as peoPle would buy a decal for the beach in January and pay $3.00, and then trade their car in during February, scrape ihs decal off and bring it in, and then get charged another $3.00. Councilman deLong thought that was unfair. City Manager Cheney asked Councilman deLong if he understood that they put the $1.00 back. Councilman understood, as he read the ordinance. Mrs. -Betty Boroni, Deputy Clerk, took a roll call vote on the motion, as follows: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Motion carried 5-0. Ordinances - 1st Rea~ing Proposed Ordinance No..82-11 C~ble ~co'rporation '.''. ..... Granting CATV Franchise to UTA ...... TABLED Assistant City Attorney Wolf began to read proposed Ordinance No. 82-11 when Deputy City Clerk Betty Bodoni called attention to the fact that ±t was on the table. Both Mayor Trauger and Attorney Wolf apologized for not noticing that it was on %he table. Council- man deLong asked City Manager Cheney if ±t should be taken from the table and asked for some input from -staff regarding the Ordinance. City Manager Cheney advised that this was the first reading. He believed the ordinance, which was in the boxes of the Council Members today~bUt was not in their books on Friday (~pril 30, 1982), was prepared by the City Attorney's office, He further informed the Council that the City Attorney's office was satisfied with their meeting with the cable TV company, and the ordinance was written by the City Attorney's office, City Manager Cheney advised that the ordinance was appropriate for first reading, What happens with the second reading was another question, he added, Councilman deLong moved to take the ordinance from the table, seconded by Councilmember Woolley. The motion carried 5-0. Attorney Wolf told the Council that there were a number of amendments that were added to this to protect the City, including a guarantee of service and certain governmental channels which will be available to the City on this. Attorney Wolf said those were the major changes that were made in the agreement. He wanted the Council to be awar.e of. that. Mayor Trauger asked if this would comply with the ordinance on cable TV that was just promulgated by the City of West Palm Beach, Attorney Wolf replied that it does, they reviewed that o~dinance, and certain changes which were applicable to the C±ty of Boynton Beach~s situatiOn from the West Palm Beach ordinance were incorporated into this ordinance. Attorney Wolf read proposed Ordinance No. 82-11 on first reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH., FLORIDA, GRANTING A NCN- EXCLUSIVE LICENSE TO UTA CABLE CORPORATION'TO OPERATE A COMMUNITY BAIfENNA TELEVISION SYSTEM WITHIN CERTAIN kREAS CF THE MUNICIPAL LIMITS OF THE CITY OF BOYhYi~N BE~CH; PROVIDING THE TERMS OF S/lID LICENSE; PROVIDING FOR A REPFALING CLAUSE; PROVIDING ~ EFFECTIVE DATE; ~ FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 82-11 on first reading, seconded by Councilmember Woolley. Vice Mayor Warnke referred to Chapter 7,cojifi~d Ordinances, and - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA M~Y '4, 1982 said it would come under' all the other City ordinances.. His one question to Attorney Wolf about this was about the height of the tower. Vice Mayor Warnke questioned whether it would have to comply with the other City ordinances. Attorney Wolf agreed~ that it had to comply with the other City ordinances but he believed, if he was not mistaken, there had been an extension on towers for a cable tele- vision system within a private community area. Attorney Wolf stated that this ordinance would cover it. He stated that City Attorney Vance was the one who actually rev±ewed the contract, and they had discussed that with him. Attorney Wolf believed it was covered in the contract. Vice Mayor Warnke did not see it in the contract. He referred to Section 1, in the last sentence of the ordinance and said he would have liked to kave seen something in there saying Chapter 7 of the Codified Ordinance and all other ordinances so they would comply w~th all other ordinances of the City. Councilmember Woolley informed ~±ce Mayor Warnke that it does say that in the body of the ordinance, She read: "WHEREAS, a review of the application is found to be in conformity with the provisions of Chapter 7A of the c~dified ordinances for the City of Boynton Beach, Florida." Vice Mayor Warnke pointed out that it only refers to Chapter 7. Attorney Wolf advised that as far as a contract being adopted, it could not be adopted ~n violation of the other City ordinances. He further advised that it is required within the City ordinances that there be determinations specifically within~the ordinance that it comply with Chapter 7. Attorney Wolf told V±ce Mayor Warnke that the wording he was suggesting would ([he believed) would probably be superfluous, although there would be no problem fn adding it to the ordinance if it would make. him (iVice Mayor Warnke) feel more comfortable. Mayor Trauger asked what the CoUncil desired. City Manager Cheney suggested that there was one problem, He pointed out that everything you do has to comply with all ordinances. His concern was if you put in one ordinance it has to apply to every- thing else and do not put that wording in some other ordinanCe, would that give people the argument to say, "Hey look, you didn't put that in this ordinance. You put it in this one and, therefore, you didn't mean the same thing. Attorney Wolf replied that all contracts and agreements must comply with the City ordinances. He advised the Council that he believed the wording of the proposed ordinance was sufficient. Councilman deLong pointed out that Vice Mayor Warnke was privileged to make an amendment to the motion if he so desired. It was noted that a representative of UTA Cable Corporation was present. Mrs. Boroni 'took a roll call vote on the motion as follows: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Aye Aye Aye - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA M~Y 4, 1982 Councilman Wright Councilman deLong MOtion carried 5-0. ' Aye - Aye Proposed. Ordinance No. 82-12 Section '15-8 Re: Amending Noise Ordinance Assistant City Attorney Wolf read proposed Ordinance No. 82-12 by title only on first reading: "AN ORDINANCE OF THE CITY COUNCIL OF THE 'CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15, OFFENSES-MISCellANEOUS, S~CTICN 15-8 NOISE, SUBSECTION J BY EXEMPTING NORMAL MkIBS~ENANCE OF ~ COURSFS INCLUDING MOWING OF G~R~NS B/qD FAIRWAYS AND OTHER RELATED ~AIN- TENANCE ACTIVITIES; PROVIDING A SAVINGS- CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY AND FOR OTHER PURPOSES" Councilman deLong moved the adoption of proposed Ordinance.No, 82-12 on first reading only, seconded by Councilmember Woolley. City Manager Cheney noted that somebody wished to speak. Councilman deLong called attention to the fact that .there would be a public hearing on this, and he did not feel there was any necessity for any discussion, He called~ attentl.on to the motion on the floor and Robert's Rules of Order. Mayor Trauger announced that there would be a public'hearing on this before the ordinance is adopted, and that this was the first reading, Mayor Trauger advised that the public hearing would be after the next Council meeting when it comes up and when they advertise 'it for public hearing. The man who wished to speak questioned, "Therefore, you don~t wish to hear me speak tonight?" Mayor Trauger informed hi~ that the Council was out of order right now as there was a motion on the floor. Councilman Wright sympathized with the concerns of Mr. and Mrs. Morris, as he read the conlmunication they sent to Vice Mayor Warnke and Mayor Trauger. At the same time, he was concerned that a business such as a golf course would have to do something like that or work earlier than those operating .hours. Councilman Wright stated that he too is annoyed when he hears his neighbors (even at 10:00 o'clock A. M.) and he is trying to rest. He stated that it gets the best of him when he is trying to sleep, but he was sure there were some problems we just have to live with The man informed Councilman Wright that this was not something they wished to live with. seven days a week, Saturdays and Sundays included. Mayor Trauger wished to proceed, and then, with the Council's per- mission, let him speak later. Council~ember Woolley agreed and commented, "This is going to come up again." Mayor Trauger advised - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 that as soon as the roll call vote was over, he would let the man speak. MrS. Boroni took a roll call vote ~n the motion as follows: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Aye No Aye Aye Motion carried 3-2 ~o pass the ordinance, with Councilmember Woolley and Councilman Wright voting against, the ordinance. William Morris, Jr., 7158 Thompson Road, Hypoluxo, came forward. He read: Mr, Mayor: Please be informed that the High ~Ri~ge Country Club has repeatedly been in violation of the existing ~rdinance since their opening more than a year ago. The residents of the surrounding ne~hborhoods have repeatedly made complaints to the Boynton Poliq. e Department, and each ti~e the police leave the violation continues. I p~rsonally have been awakened at 1 light seven days a week since ~their star~ing of air compressors, tractor mowers, etc. I ask you to please give scme consid this matter. By granting to the Hig amendment to your existing ordinance to work in their mainten~ce buildin night they choose. As it is now, th show they care nothing about the noi the morning. Their maintenance bull sc~e of the residents' homes. Every whistling, dropping tools, talking ± morning o They have no sound barriers to stop as 300 - 350 yards across the canal I wish for you not to allow this amc =~ast one-hour befOre day- Dpening - doors slanmling, grinding machines, lawn ~_ration to the people in ~ Ridge Country Club this , you will be allowing th~ ~ at any time of the day or =_ir aCtions Of the past ~e level at early hours of ~ing is within 150 .yards of noise they make, such as very loud on a quiet he sound traveling as far ~nd into ~y neighborhood. ~dment to pass, The High Ridge Country Club will be the only .~ople to benefit frc~ this change. They are behind the change, to begin with, It is going to be very unfair to the residents of the existing neighborhood and also the proposed future residents of Boynton Lakes. William Morris, Jr. Councilman Wright noted that Mr. Morris referred to one hour before - 20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 daylight and asked what time that would be, Mr. Morris replied, "6:00 o'clock, seven days a week. Sundays, without fail, even Easter Sunday, you can be awakened by tractors, It is like living above a gas station. You know what an.impact wrench sounds like when you take off a car~.s tire? That sound is as plain as it can be in my bedroom every morning." Mayor Trauger informed t. he Council that he went out there today and High Ridge Country Club will'comply with the County ordinance and not start any of the equiument or mowi~ng~before 7:00~A. M. Mr. Morris pointed out that would be an hour later than they normally start now. Mayor Trauger advised that was what they_said they would do, to help Mr. Morris out. He told Mr-. Morris that High Ridge Country Club spent $880.00 to put up a screened shield of vegetation behind the shed~ Mayor Trauger said both he and the man (Louis Oxenbro'~ Golf Course Superintendent of High'Ridge Country Club) would admit that it would have about a year more of growth to go until it is~a~tight hedge~ Mayor_~Tra~'e~_~also i~f~rmed the Council that when the engine starts up on a tractor,~it-has a muffler on it ~ not'tike putt putt mowers like are used around houses, Mayor Trauger said there was no record.of any sharpening of tools or heavy grinding before 8:30 or .9:00 O~clock during the days of the week, When Mayor Trauger said there was no record, Mr. Morris questioned whether he meant Police ~ecord. Mayor Trauger repl±ed, "Not Police record, but his record of maintenance by employees," As far as Mayor Trauger was concerned, Mr. Oxenbrod'..~a~s ~eJ2~g"most cooperative. Mr. O~br0d told Mayor Trauger this was the first complaint he had had since they were operating, and only one person had ever' talked to him in the whole neighborhood about noise, so he (Mr. Oxnevad) was quite concerned when Mayor Trauger talked to him today (May 4). Mr. Morris asked, "Which complaint did he say was the first complaint?" Mayor Trauger answered, ~This is the first complaint on noise that he has heard of previously." M~, Morris disagreed, saying, "Your Police Department has numerous accounts," "From the residents, he said," Mayor Trauger ~nformed Mr. Morris, "From us," Mr, Morris retorted. Mr. Morris told Mayor Trauger that they had been calling H±gh Ridge Country Club for the past'seven or eight months, and they called the Police Department. Mayor T~auger asked M~. Morris if he ever went to talk to him, of the-golf club. Mr. Morris asked who "him" was. M~. Morr~s said they could not even get his name and said they can never get his name. Mayor Trauger informed Mr. Morris that the had his name and he talked to him and saw him. Mayor Trauger advised that the man's name was Mr. Ox~rod, and his phone number is 586-3333. Mr. Mort.is said he spoke to Mr. Ox~nb~Od on the phone numerous times and still, at 6:00 o'clock in the morn- ing, he is being awakened. Mayor Trauger repeated that. Mr. Oxnevad said he would comply with the County ordinance of 7:00 o'~clock in the morning before they would start mowing, to' be of assistance to Mr. Morris. - 21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4 ~ 1982 Actually, Mayor Trauger commented, while he was out there, two motor boats in the canal were making far more noise than any power mower, and two trucks were stuck on Hypoluxo.Road with their engines running. Mr. Morris asked Mayor Trauger what day he was there. Mayor Trauger replied, "This morning." Mr. Morris asked if he was there at 6:00 o'~clock in themorning, Mayor Tra~ger answered, "No, I was not. It was 12:30." Mr, Mort. is remarked "12:307" Mayor Trauger replied, "Yes." Mr. Morris stated that at 12:30, it did not matter what noise they made, and 6:00 o'clock~in the. morning is a lot different. Mayor Trauger reiterated~hat Mr. Oxenbrod assured him he would not mow before 7:00 and you have to mow a golf course prior to the people playing on it. You cannot mow it while people are playing on it, Mr. Morris noted that the amendment did not state any~time require? ments for these people. In other words, Mr. Morris pointed out, if Mr. Oxenbr~d wants to 'start at 6:-00, there is nobody who is going to say he cannot. ~gain~ Mayor Trauger repeated, "But he~s going to comply with the County ordinance." Mr, Morris comm~ ented, wi do not trust this man, He has never kept his word to me yet~ .Why should he keep it to you? You're going to allow h~m to start anytime. Mayor Trauger argued, "He has not lled to me yet, so why should I not believe him?" Mr. Morris retorted, "What I am sayingi~ ill,you change your ordinance and you do not put at .least a minimum time on there for these people, they are still going to start at 6:00 o'clock in the morning," City Manager Cheney asked Mr. Morris if they put 7:00 o~clock in the ordinance, would it satisfy him, Mr, Morris replied, "That would be terrific." Councilman deLong moved ~o amend the- mo~ion that 7:00 A. M. would be the start. Mr. Morris asked if they could also put a tail end time on there for night time activities, He explained that there was an occasion once when a person was doing body work at 2:00 o'clock in the morning on his personal car. Councilman deLong asked Mayor Trauger to accept the amendment to the'motion. He did. Councilman Wright seconded the motion. Mayor Trauger repeated that it had been moved and seconded to amend the motion to put 7:00 A. M. A vote was taken on the motion, and the motion carried 5-0. Councilman Wright thought they should also terminate any work at 7:00 o'cl6ck in the evening. Mayor Trauger felt they would be putting a very hard restriction on the maintenance-of equipment. Mr[ Morris advised that they are usually done by 3:30 ±n the afternoons, anyway. Mayor Trauger commented that he has been a President of a golf club for many years and he knows it is hard to keep equipment, Councilman Wright thought Mr. Morris' complaint was.legitimate and asked, "Why do it at the beginning and then not ~t the end, just leaving it at loose ends?" He felt they should come up with some time. - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BE~CH, FLORIDA MAY 4, 1982 Vice Mayor Warnke pointed out that the amendment the Council was considering not only covers that golf course but all other golf courses which might come under the amendment, so he also thought they should have a termination point. Councilman Wright expressed that he would like to see 8:00 o~clock P. M. City Manager Cheney adviSed that everything else in the City is at 7:00 P. M. Councilman Wright agreed to leave it at 7:00 P. M. Councilman deLong requested Mayor Trauger to move the question. A vote was taken on the motion and carried 5-0. Mayor Trauger announced that the amen ~dment would read from 7:00 o'clock A. M, to 7:00 o'clock P. M, There was applause, Proposed Ordinance No. 82~13 Re: Appointing the Board of Commissioners to the Community Redevelopment Agenay (See Related Resolution) .... Assistant City Attorney Wolf read proposed Ordinance No, 82~13 on first reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTCN BEACH, FLORIDA APPOINTING THE MEMBERS OF THE CITY'S COMM~ITY DEVELOPMENT AGENCY IN ACCORDANCE WITH FLORIDA STATUTE § 163.356; ENUMEP~%TING THEIR TERMS OF OFFICE; 'APPOINTING A CHAIRMkN kND VICE-CHaIRMAN; PRO- VIDING A P~~- CLAUSE; S~VINGS CLAUSE; AN EFFECTIVE DATE 7R~D FOR OTHER PURPOSES IN ~CCORDkNCE WITH FLOR!D.A STATUTE § 163. 356," Councilman deLong moved the adoption of proposed Ordinance No. 82~.13 on first reading, seconded by Councilmember Wooltey. Councilman Wright asked if the names are inserted on second, reading. Council- man deLong thought they had a Resolution on that. City Manager Cheney advised that the names go in the ordinance. Mayor Trauger asked if they would have to be listed now. Attorney Wolf suggested that it would :be fit-and proper to have the names available prior to approving first reading. CoUncilman Wright agreed. He preferred they have the names before they continue and recommended that the names be inserted. Mayor Trauger advised that the Board was originally set up with Mr. John Howell, and he has resigned; Mr. Wayne Puls, who moved to the bank in Riviera Beach; Mr. Sam Scheiner, who is still here; and Mayor Trauger believed Mr,. Hank Thompson was still on the Board. He informed the audience that Mr. Hank Thompson is a real estate appraiser, which meets the qualifications, Mayor Trauger further informed everyone that Ann Barrett, who was on the Board, resigned and Councilmember Woolley and Robert Beane, who were appointed to the Board, have resigned. That leaves a Board constituting of Sam Scheiner and Hank Thompson. MayOr Trauger wished to submit for the consideration of the Council the names and additions apart from the Chamber of Commerce, as follows: Mr. L..Don .Combs and Mr. H. Dale ("Harry") Hatch, who - 23 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 runs the Western Auto Supply Store here in Boynton~Beach. Council- man deLong questioned what time they were running for. Mayor Trauger said that was the Council's decision. Councilman d~L.on~ moved to open up the nominations, seconded by Councilman Mayor Trauger advised that the names that would now be placed in nomination were from the current Board, and they had not resigned or moved. They were Mr. Samuel Scheiner and Mr. Henry "Hank" Thompson. Mayor Trauger added the names of Mr, L. ~on Combs~and M~. H Dale~ Hatch. He advised that Donald McKone, the Attorney, wanted to leave the Community Relations Board and come to this Board. If the Council decides on this, Mayor Trauger said Donald McKone would resign from the Community Relations Board', He again informed the Council that Mr. McKone is a retired attorney, and he lives in the northend at Four Seasons and has been quite interested in this activity. Attorney Wolf called~attention .to the fact that there are five names and the te~/~s would have to be designated. Mayor Trauger said they had five. Councilman Wright stated he would like to see Mr. Hank Thompson have a four year term. Councilman deLong moved that the nominations be closed, seconded by Councilmember Woolley. Motion carried 5-0, Mayor Trauger asked the Council where they wished to insert the names of Samuel $cheiner and Henry "Hank" Thompson, from the former Board~ Councilmember Woolley and Councilman Wright both thought each of them Should serve four years, Councilman deLong suggested that as long as they were making appointments, they should give consideration to keeping the attorney there for a period of time, Vice Mayor Warnke pointed out that there are two for four years, and Mayor Trauger said there is one for three years, one for two years, and one for one year. He asked the Council if they wished to put Donald McKone, the attorney, on for three years, Councilman Wright replied, "Yes." Mayor Trauger asked who they w£shed for four year terms. Council- man Wright replied, "Hank Thompson." A vote was taken on the nomination of Henry "Hank" Thompson for four years and carried 5-0. Mayor Trauger asked, "Who else for four years? Councilmember Woolley replied Samuel Scheiner. Donald McKone was nominated for three years; L. Don Combs was nominated for two years; and H, Dale Hatch for a period of one year, Councilman deLong did not think it was necessary to vote on each one, as they were adopting the Ordinance. Mayor Trauger agreed. Attorney Wolf said a Chairman and Vice Chairman should be designated. Mayor-Trauger asked who the Council wished to designate. Councilmember Woolley named Henry "Hank" Thompson as Chairman, and she and Councilman Wright agreed that Samuel $cheiner should be Vice Chairman. - 24 - MINUTES- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Mrs. Boroni took a roll call vote on the adoption of proposed Ordinance No. 82-13 as follows: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke - Aye ~- Aye - Aye - Aye - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 82-JJ Re: Opposing Casino Gambling in the State of Florida - Requested be Vice,Mayor James R. Warnke ...................... TABLED Councilman deLong moved, seconded by Councilmember Woolley, to remove Proposed ReSolution No. 82-JJ from the table. Motion carried 5-0. Assistant City Attorney Wolf was unaware of the resolution and was unaware of why it was .on the table, He was handed a copy of the Resolution. Attorney Wolf read proposed Resolution No. 82-JJ by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH OPPOSING CASINO G~MBLING IN THE STATE OF FLORIDA" Councilman deLong moved the-adoption of proposed Resolution No, 82-JJ, seconded by Councilmember Woolley. Councilman deLong wished to enlighten everyone as to why the Resolution was tabled. He explained that the Resolution was sponsored by Vice Mayor Warnke, who was out of the City at the last meeting, and the other Members of the Council thought it should be tabled, out of courtesy, until Vice Mayor Warnke came back. Mrs. Boroni took a roll call vote on the Resolution as follows: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Proposed Resolution No. 82-KK Re: Creating the Community Re- development Agency (see Related Ordinance) - 25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Attorney Wolf read proposed Resolution No, 82'KK by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEAcH DECLARING CERTAIN AREAS AS BLIGHTED A SLUM AREA ~S DEFINED IN CHAPTER 163, PART III, FLORIDA STATUTES; DECLkR//~G A NEED FOR REHABILITATION OF SUCH AREAS; FINDING A NEED FOR A CO~JN. IR~f REDEVEID~ AGENCY' AND CREATING SAID COM~IINITY REDEVELOPMENT 'AGENCY; PROVIDING FOR KN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Resolution No. 82-KK, seconded by Councilmember Woolley, Cuuncilman Wright thought that in the future, once the City gets settled~with the area that has been designated, they could try to expand it. In talking to the Chamber Director, Council- man Wright advised that he said if the City had to plan for the future, he hoped they would see fit to expand it. Councilman deLong thought the statute embodied it. Mayor Trauger asked if Councilman Wright".s conversation with ~he Chamber of Commerce was to hold it down for the time being, Councilman Wright answered, "Yes." Mrs. Boroni took a roll call vote on the motion as follows: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong - Aye - Aye - Aye - Aye - Aye Councilman deLong pointed out that if you read the statute, it is an all encompassing body, He said they have tremendous power, With reference to the question about the Chamber of Commerce, City Manager Cheney advised that the Chamber of Commerce was involved in designating the area, and the Chamber Board has reviewed this, and they are in agreement with the direction the City is going, Councilman deLong thought there was a lot of interest lost in it when the height limitations were confirmed. Mayor Trauger announced that the motion carried 5-0. Proposed Resolution No. 82-LL Re: Accepting Improvements Except for the Radio Monitoring System and Releasing of 'Bond for LawSon Industrial Park - Plat I Attorney Wolf read proposed Resolution No. 82-LL by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEAcH, FLORIDA, ACCEPTING IMPRDV~V~S AND R~.R~ASING THE PERFORMANCE BOND FOR LAWSON INDUSTR/3IL PARK, PLAT NO. 1, RECORDED IN BOOK 42, PAGES 134 AND 135." Councilman deLong moved the adoption of proposed Resolution No. - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 82-LL and that the recommendation of Tom Clark, City Engineer, in his memorandum dated April 28, 1982 be made a part of the public records. The motion was seconded by C°uncilmember Woolley. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger - Aye - Aye - Aye - 3~ye - Aye Motion carried 5-0. Other Approve Agreement with Edward D, Stone Associates, for Preparation of Planning and Landscape Architect, Beach Design, Construction and B~id Documents ...... Councilman deLong asked whether the City Attorney had reviewed the agreement, as it was "quite an agreement". City Manager Cheney advised that he did not. Councilman deLong asked if Ocean Ridge approved plans for improvement. City Manager Cheney replied, "No. They have not. Before getting tangled in any agreement, Councilman deLong thought it should be reviewed by the City Attorney and they should halve the approval of Ocean Ridge for the improvements because if the Council goes ahead and signs an agreement paying monies for it and then~ha.ve problems with Ocean Ridge, they will be in trouble with the local taxpayers. Councilman deLong moved to table the agreement until such time as the City AttOrney reviews the agreement and they see what Ocean Ridge is going to do. Councilman Wright wanted clarification when they review it and also wanted them to bring back some answers, He had some questions on 13. Councilman Wright inquired about the automobile travel and the 25~ per mile. He thought it was about 20~'in most of these operations. Councilman Wright felt they were charging quite a bit. His second question was regarding the per diem covering meals and lodging but a certain amount was not indicated of what the City would have to pay them. Vice Mayor Warnke advised that this was a motion to table, and there is no discussion on tabling. Councilman deLong reminded the Council that he moved to table but there was no second. Vice Mayor Warnke seconded the motion. The motion to table carried 5-0. OLD BUSINESS RepQrt on Drainage Problem Areas - 27 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 City Manager .Cheney said he had given the Council a report which includes three or four things. He informed the Council that the last two pages of the report attempt to list by the four-quadrants of the City all of the. drainage areas that are serious and that have been brought to the City's attention, that we know abcut, and als° by the f~ur qu~drahts of the City, the current aut'horized budgets that are about to start next week in the swale improvement projects. City Manager Cheney stated that he made some extensive comments on two problem areas. Depending on the-instructions tonight and the direction of the Council, City Manager Cheney told the Council he would propose t° come back at the ~e~t meeting with recommendations as to how the City should spend t~e rest of the drainage money. He recalled that they talked about some things and said he would like to have, if the Council was ready and wanted to, to have sc~e direction on priorities. For example, City Manager Cheney reminded the Council that it was indicated last week that in.~th~ Mango Heights area, for about $35,000.00, the City could do some swal±ng, which .would be an additional help in the area. City. Manager Cheney wished to have some feeling as to whether the COuncil would want to go back in that area, (he thought the $3,000.00 monitor on t~e pump would also helpl, or whether the Council wanted to spread the amount of money throughout. He added, "Let's discuss that ±n a few m±nutes." City Manager Cheney wished to talk for a minute at more serious areas from the point of ~iew of.wate~ (tt~.large amount of water, and the large number o~ that is Lake Boynton Estates, west of I~95, He i'~ Council that the problem the City-had has become last three storms we have had, although they had but City Manager Cheney did not believe, as far a it was to the same extent that we had this time. .out one of the and ~ousa-s hous~si, and .fo~-me~ the 'reater in the ~ater before, . he c~uld tell, In summary, City Manager Cheney said what the report wo'~ld tell them is that after the storm before this weekend (May 1 1982), the City did discover that a Department of Trans· drainage area out there had been blocked up, and ~the CiI in contact with DOT .(Department of Transportation) to g fixed up. City Manager Cheney advised that is somewhat consuming problem because they have so many problems th~ this region. and May 2, )ortation ~y has been at it of a time foughout During the storm on Saturday morning, April 24th, while the rain was there and the water wa's there, City Manager Cheney ~aid the City did go out and extensively field check that area. He continued by saying, ~ ' that drainag~e area west of th~ railroad track i.s~ ~. ~ fifty foot DOT right-of-way. City Manager Cheney said it has probably been a drainage area for some time but now it is a DOT, by deed, right-of-way easement. In looking down through that area, and the whole extent of it, City Manager Cheney Continued, the City discovered that the whole - 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA. MAY 4, 1982 thing has been blocked up in many places by the motorcycles ahd by fou~ wheel drive vehicles -(wi-th which _-the City has had problems - out in B~sS~~ Creek) ; they have gone up and down over the hills and the sWales and knocked down the hills a lot. In addition, City Manager Cheney informed the Council that trees are growing in the swales. The City brought to DOT's attention that the drainage system on the side of the embankment ag Wootbright is also collasping to a very serious degree where, if they do'not do something quickly, it will begin to significantly affect Woolbright~on the west side of I95. City Manager Cheney continued by' saying that after having many conversations with the Department of Transportation, the City did a survey through the Building Department of the houses that had water. They sent that in to the DOT and pointed out to them that the City had serious problems. The DOT today (~May 4) had a crane out there, and City Manager Cheney assumed the DOT would start work tomorrow (May 5, 1982). DOT agreed that'they would clean up that whole drainage area, City Manager Cheney advised, from the Bass Creek entrance on Woolbright in an east~erly direction and in a northerly direction up into Lake Boynton Estates. When they finish that, City Manager Cheney stated, the City will then recreate the drainage areas (or where they have never been, the City will create them) at the end of 1st, 2nd 3rd, and 4th Avenue, and maybe 5th Avenue too. City Manager Cheney told the Council the City will recreate the end of those streets where the City has a right- of-way into the DOT drainage area. He said the City will level them out, dig them, go into the drainage areas, sod them, and, hopefully, that will solve that problem at the east end of all those streets. City Manager Cheney advised that the City cannot do a thing until DOT gets the end of their swale cleaned up~ so the water will have some place to go, During the storm a week ago last Saturday (April 24), City Manager Cheney informed the Council that the City did take a back hoe out and did get some relief on Saturday during the rain, ~ot the back hoe stuc~ too~. On Sunday, City Manager Cheney reported, the Utility Department took the big pump out and pumped a lot of water from the ends of those streets into the Bass Creek"~ property, and that re~i~ve~ everythih~except-2nd"A~enue~;~.,2~d~venue had to be relieved on Monday, when the City did some additional digging. City Manager Cheney said the water started to pile up in there today (May 4), but he did not think there was any serious damage because it did not last long enough, City Manager Cheney advised that was where the City stands with Lake Boynton Estates, That is the newest project. Whether any of that problem is compounded by the fact that the City is pumpzng into the 1-95 right-of-way for Mango Heights is a difficult question, City Manager Cheney continued. He said possibly, Obviously.~ City Manager Cheney informed the Council, the City is putting Water in there, That water is going onto 1-95 and then going south. Possibly, but it is a minor factor, City Manager Cheney advised. He said DOT - 29 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 has raised that question. The City told them it was their(DOT's) right-of-way and they (DOT) had to keep it clean; so DOT is going to do it. Hopefully, City Manager said, that will solve that problem. City Manager Cheney also made some comments on Mango Heights in his report. In summary, he informed the Council that on.Friday night (April 23rd) the pump there came onby itself. It started itself and worked, Personnel were.there at 8:30 that evening, the pump was working, and City Manager Cheney did not believe there was any flooding of any. great amount that night. Saturday (~pril 24), the pump started and failed. The pump did come on but a thing called a phase monitor apparently misfunctioned, City Manager Cheney continued, and it stopped going, and the auxiliary pump cannot pump when that goes out too, That phase monitor was taken out and was bypassed, in 'th~middte~of Saturday~morning, then the pump went on, and it worked for the rest of the day, City Manager Cheney advised that the City has had pump and electric people in there to take a look at the phase monitor, and it should not do what it did, As a matter of fact, City Manager Cheney Pointed out', the phase monitor that did not work on Saturday morning (April 24) was put back in on Wednesday ~April 28), and it worked. In any case, City Manager Cheney said the City is changing brands~of Phase monitors to see if that will solve the problem. City Manager Cheney told the Council that is the advantage of getting the radio monitor on the system so that if it is not work- ing when the water gets up in there, the City knows immediately at the Water Plant without having to run out there and look at it. Obviously, City.Manager Cheney told the Council, the City has gone out to be sure. In fact, that.was why the City knew it was broken Friday night, April 23rd, because staff was there to be sure. City Manager Cheney further told the Council that the City did have a problem in the earlier .storms:we discoveme~ when' the auxiliary generator was working for the first time under a tremendous amount of pressure and load, that the gear that was on the auxiliary motor began to slip. City Manager Cheney said that was the one that had been designed by the mQtQr~.'p~o~.~_~nd the pump people. He said they ha~e loOked at it and have substituted a higher grade sized gear at their cost. City Manager Cheney said the gear is here and the other gear will be replaced. Hope- fully, if the City ever has to work 'thel ~gear again, under pressure, it will hold, City Manager Cheney continued. As soon as we get the next heavy storm, City Manager Cheney said they would work it under pressure and make sure it will hold, but that is where the City stands, and the gear is here. He asked if there were any questions. - 30 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Vice Mayor Warnke advised that he was up there this morning (May 4), and the phase monitor has been replaced and they are waiting Hntil ~h~_rains let ~uP before replacing the defective clutch. He said at this -pr~e. se~n~t time, they did not da~e tAke~-%~e-~.tS'ing ~ff.-ithe li'~ but when it drys up, they will replace t]~a~ def~Hi~'clut~h. M~. Cheney informed the Council that the City anticipates that will be tomorrow (May 5). Mayor Trauger said they would now hear from the public. Mary Aspenwall, 613 S. W. 4th Avenue, Boynton Beach, was requested to come forward. City Manager Cheney informed the Council that she lives on the west side of I~95 in the Lake Boynton Estates area. Mrs. Aspenwall stated she did not receive a letter but the City Manager has answered some of their problems. Mrs. Aspenwall apologized, as she was a bit shaken up from this expelrience. She explained that as it rains, they are still having the water. It is still setting at the end of their street. M~$. Aspenwall said her sidewalk was still under water, and she ~as wondering just when this would stop. Mrs. AsDenwall asked, "Is there hope that I will have a dry house?" City Manager Cheney replied, "There is always hope." He ~ade~.her ~aware that DOT (~and he saw-the crane they are going %o use to clean out that drainage area parallel.to the railroad t~ack) has a crane on site on~oolbright ~venue South at the entrance to Bass Creek. City Manager Cheney informed Mrs. Aspenwall that the City is a~s~ured they will start working with that, and he assumed that means to,morrow (May 5~. City Manager Cheney said they brought the crane down from Fort Pierce, which meant DOT made an effort to get here and do something. He said DOT assured the City that they will clean out that area all the way to the tracks and north up into Mrs. Aspenwall's area. When they do, City Manager Cheney told Mrs. Aspenwall, the City will then regrade the end of her street into their drain. The City's problem now is there is no place, because of DOT's drainage stopped up, for the water to go except it just seeks its own elevation up through the Bass Creek area south of .h~ City Manager Cheney repeated that he thought there was hope. He thought that when the City gets the drain cleared out and get some water, it will flow off those streets. City Manager Cheney was not sure (because Mrs. Aspenwall lives in a low area and lives in an area that was a lake and in an area where drainage was not taken care of when the area was developed) that they will not periodically have water in %he swales and on %he sidewalks. As a matter of fact, City Manager Cheney said that was a part of what the swales are for, between the sidewalk and the road. He told Mrs. Aspenwalt she may well have water in her swale and may well have it on the aprons of her driveway, but he did not think they would have it in the houses again because he thought the ends of all of those streets were low enough that the water Will flow out so it d~es~'%.ever build up to get to the elevation - 31 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FAY 4, 1982 of the garage doors and their houses. City Manager Cheney said the swales and some of the aprons may be low enough so that the water does not flow out of those and, hopefully, will sink into the ground.in the swale. Mrs. Aspenwall thanked City Manager Cheney and especially wanted to thank Joe Blanco, who was very instrumental in coming out. She said Mr. Blanco had gotten a call, and on April 24th they had more rain, and she was very appreciative that Mr. Btanco was there at, she supposed, City Manager Cheney~s word'. Mrs. Aspenwall informed the Council that Joe Blanco worked very diligently all day, into the next day. She again thanked City Manager Cheney for that. Mrs. Aspenwall expressed her shock a few days ago when she learned that where she lived had been a lake. She stated that she would never have bought a home there. Mrs. Aspenwall hoped that this would be cleared up. City Manager Cheney explained that his comment that it was a lake was not to scare Mrs. Aspenwall; it was only to suggest that because in general the area is low, there may always be some water in the swales and in the aprons of the driveways. He said it should not be to the point where they have the problem of the flooding in their homes. Mrs. Aspenwall asked if there was something in the plans for the future where the water can drain and go away from their area to the Boynton Canal. She asked if it was something the State is working on so the water can be drained off. City Manager Cheney answered that the City anticipates draining the water off the east ends of the streets where ~rs. Aspenwall lives into a drain- age canal which is parallel to the railroad track, which is a canal that the Department of Transportation is clearing out. City Manager Cheney explained that the reason the Department of Transportation is doing that is because there is a 48 inch pipe that goes under the ra£1road tracks that drains the water from 1-95 into the west side of the railroad tracks, south along the railroad tracks to Woolbright and then west %o %he E-3 Canal. City Manager Cheney informed her that ±s where the water from 1-95 comes. It is that water that has been b~cked up, and - that drainage area-~i _ · has been blocked up~_ Because of I~95, more water comes in, City Manager Che~ey explained, and the City thinks that is the route ~f'the~ probl~m;~dthe C±tythinks when they get that done and they grade the ends of these four or five avenues into that cleaned out DOT channel, that the water from the streets will flow off, and enough will flow off so they will not have serious backup. Quite likely, City Manager Cheney told Mrs. Aspenwal~, she will still have water in the swales on heavy storms like the ones we had the last ~hree'~qimes. - 32 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA HAY 4, 1982 That was what Mrs, Aspenwall wanted to thank City Manager Cheney for. She believed a lot of her neighbors and all of the people who live in that area want to be able to get together with someone from the City and talk it over, because they are having various problems because of this. She said they were hoping, whenever it is convenient, that they can have some spokesman or people that can talk with City Manager Cheney~ City Manager Cheney asked Mrs, Aspenwall if they had an association. Mrs. Aspenwall asked the City about that association that was supposed to take place in their area but she did not have a telephone number. City Manager Cheney advised that did not matter. He told M~s. ASpenwalt any time'they get one or more families together out there to meet at some place (he suggested the American Legion hall), the City would sit down and talk ~bO~t-~±t~ Mrs. Aspenwall asked City Manager Cheney if he supposed maybe in two weeks, by letter, they could get to meet with him and have all of the people' in the neighborhood because she wanted to contact the American Legion. City Manager Cheney suggested they get together in a day or two and set a time, and he said ~he W6utd - have to send out notices to get people there. Mrs. Aspenwatl thanked City. Manager Cheney. City Manager Cheney informed her that Joe Blanco was the fellow who spent a lot of time there on that Saturday and Sunday, Stanley Berniche came before the Council and stated that. he l±¥es at 603 S. W. 4th Avenue, He came to voice his opinion~ab0ut the drainage problem. Mr. Berniche said a ~ot~of questions had been answered for them. He was on site with Joe Blanco that Saturday (April 24). Mr. Berniche was the fellow that was out there with a shovel opening that canal up because the stuff was about to go in their houses, He advised that it d±~ start to correct the problem a lot and it started to flow off. Mr. Berniche said they were pleased with what they were told tonight about the Department of Transportation coming out to open the canal. H~ asked where the crane is at th~s time. City Manager Cheney replied that it is on Woolbright, right at the entrance to Bass Creek. Mr. Berniche asked if Bass Creek was undeveloped land_ City Manager Cheney answered, "No~. Bass Creek ms where all the water was pumped out to on Sunday, in the lake there." Mr. Berniche told the Council that he was a new home owner, He just bought his home about eight months ago and is the last guy on the very end. Mr. Berniche stated, "And man, it's coming up." So far, he noted, he has been lucky, He recalled that the wh~ie thing was kind of crazy. A~, Berniche s~id he has a four wheel drive unit and he had ~one Out and inSpected several times. Like 'he~ said, he was out there with a shovel. City Manager Cheney asked if his was the red truck. Mr. Berniche replied that it is orange. He said he was out there with a square back shovel opening up that main block when the back hoe arrived and did it for him. Apparently, Mr. Berniche told the Council, the drainage was put - 33 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 in about four or four and one-half years ago for this problem and never maintained. City Manager Cheney thought the problem is that the Department of Transportation put their 48 inch pipe under the railroad-track into that area where there had always been a drainage swale. They got a fifty foot right-of~way in their name, but City Manager Cheney did not think they e~er did any improvements to it after the time that I~95 was built~ He said' DOT simply knew there was a H~ow area over there; they put their pipes under the tracks; the water has gone there; and City Manager Cheney did not think DOT ever made any adjustments to~~ that area after they began to feed all that water in there. Mr. Berniche said he also determined that was how the water could go. If all goes well, Mr. Berniche thought if they do clean it out and grade it to the south and then again back to the west as it was, it would relieve their problem. ~r. Berniche said ~hey did expect the water in the swales and in the aprons. They do not expect to have it to their doorsYand they do not expect to have it there for seven days~ He said they had it there now. He knew the Council had heard all of this already. Mr. Berniche said the main thing was when it rains, the water comes up through there, and everything is fine so long as it flows out within an hour or so, which is what it is supposed to do. He stated they know they do not have sufficient drainage, He said if it goes off, then they will not hate to be back. Stephen Frazier, 910 Mission Hill Road, Boynton Beach, told the Council he just formed the Mission H~ll Road Association a few minutes ago. He had the Council look at some pictures of in front of his house real quick. He guessed they had a drainage system there, as there were a couple holes in the ground, but it certainly did not carry any kind of a rain storm. He did not mean the kind we had last week. Mr. Frazier said the one before was only'maybe an inch or two, and "guys had a ball running the±r four wheel drives through there." They just looked like a boat, Mr. Frazier commented, and he told the Council they were surfing in his front yard. Mr. Frazier remarked that he liked waterf~on~-~r' property but not all the way around. Mr. Frazier informed the Council that the water came within 1/2 inch of his front door, so he did a little praying, and it helped~ He stated that he did have flood insurance, and the price of the flood insurance tripled. He joked that he was afraid the Government will not be able to pay for it '~i~~ he has to go for it. He asked the Council for a little help on the drainage situation. Mr. Frazier introduced his neighbor, Mrs. Harold Blanchette. Mrs. Harold Blanchette, 905 Mission Hill Road, Boynton Beach, stated that across the street from them, ~in front of these houses, is another catch basin. She explained how big their basin was and how big Mr. Frazier"s catch basin was. Actually, F~s. Blanchette - 34 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 tQld the Council, none of the water goes out on Mr. F~azier"s side. Everything has to go out on her side. Mrs. Blanchette Said she had six inches in the garage, She reported they were surfing in the front there, and you could not e~en see the driveway. Mrs. Blanchette asked if they could not open the other drain on the other side of the street. She thought maybe it was as big as theirs and if they did that, it might take care of all the water. Mrs. Blanchette told the Council they have drainage coming in from five streets. She said they knew where the Blanchettes live. Mayor Trauger replied, "Yes," Mrs. Blanchette said the council knew from Swinton Extension all the way to the bridge, all that water comes and drains right there in their dra±nage. She further informed the Council that Canal Drive and the next street down, e~erything comes to their l~t. Mrs. Blanchette commented that there has to be a way of draining the water somewhere else. Mrs. Blanchette thought it was eleven years ago when they came and put the drainage on their property, She told the Council they lost half of their lot, Their whole backya~d, including %helr sea wall and everything, ended up in the canal. That was when they decided to put the drainage in. Mrs. Blanchette emphasized that they need mots.drainage down there or they will lose the rest of it. She said their driveway was ruined completely. They have oranges and grapefruit swimming all over the place~ She exclaimed that it was a nightmare. Mayor Trauger asked Tom Clark, City Engineer, if he had been over to look at this one. Mrs, Blanchette advised that she had talked to his assis~ant~ithismorning, and he said they were going to do something about swales~ She did not think swales would handle it. City Manager Cheney mentioned that they did talk about it today, He said Bill Flushing, Deputy City Engineer-, talked about it, and Mrs. Blanchette~s property, he hoped, was listed on the list of all the problems the City has. City Manager Cheney noted that Mrs. Blanchette is at the bottom of the hill. He explained that what happens is that everybody above Mrs. Blanchette's property is ,sharing their blessings with her." Mrs. Blanchette knows they are. What swale projects do, City Manager Cheney advised, is to loWer the graS~ area in front of the houses, keep the driveway aprons high, and, hopefully, contain the water that falls on each lot on each lot and not have it all run down into Mrs. Blanchette~s area. Then everybody gets their own water and keeps it, City Manager Cheney continued, and it absorbs into the ground in those areas. The probiem, ~th rains-like we've had these last'~3, ~ity Manager Cheney reported, that many of the swale pro'jects have not ~o~ed because there has just been too much water to absorb. He did not know the condition of MrS, Blanchette~s drainage or whether it is a French drain or whether it is a drain that goes somewhere, Mrs, Blanchette informed him that it goes into the canal. She - 35- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 stated that they were on the water, so it goes into the canal. City Manager Cheney said the City would take a look and see where it goes and why it does not take out the water. Mrs, Blanchette told City Manager Cheney their drainage was fine, it was the one across the street that comes into their yard. Mr'. Cheney said they would look at all of them and see what the problem is. City Manager Cheney said they would'also look at swale pr~cts that prevent some of the water from getting there, The reason Mrs. Blanchette came tonight was because she went through every step that she thought she should, but someone said, "If you squeak loud enough, you will get something done," so Mrs. Blanchette said they were squeaking a iittle bit louder here. Mayor Trauger advised Mrs. Blanchette that they would have Tom Clark, City Engineer, come out and take a look at that and will report back to Mrs. Blanchette and the City Council no later than the next Council meeting. Mrs. Blanchette thanked Mayor Trauger and the Council. Councilman deLong asked how often the City crews go around to check catch basins. City Manager Cheney replied that they try to do it twice a year, but when they have problems, they do them more often. He said that was an area where the City has not done as well in the past as they should have. With the new, large Jet Vactor that the Utility Department has, Mr. Cheney said the City is beginning to do a more frequent and better job because they have the equipment to do it with. They do not have to do it with shovels any more. Mayor Trauger asked if City Manager Cheney was talking about French drains. Counci!member Woolley asked what a French drain was. City Manager Cheney explained that a French drain is a drain where the water goes down into a big hole in the ground that is lined with rock or some kind of pervious material so the water will catch down there and go on down through. Mr. Cheney said it is only as good as the size of the cavity of the bath tub underneath there. He did not know whether the d~ains-i~ f~6nt~ oi~ ~ ~-Mrs. Blanchette's house would go anywhere or not, Mrs. Blanchette did not think they do because there are flowers growing out of them~ City Manager Cheney said they may be French drains completely grown in. The problem with French drains' is they are hard to keep clean because if you go down and try to vacuum the ~sil~ out, you vacuum out much of that that is supposed to be the drainage area. City Manager Cheney reiterated that French drains really have problems. Councilmember Woolley just wondered what they looked like. City Manager Cheney replied that they vary, Councilmember Woolley thought they had concrete covers. Mayor Trauger asked if anyone else wished to comment~ no response. There was Mayor Trauger requested a report on the subjects~brought.up tonight and the discussions by the people at the next Council meeting on the progress of action on these. - 36 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON 'BEACH, FLORIDA MAY 4, 1982 Councilman deLong moved that City Manager Cheney consider the requests brought forward tonight and have a report for the City Council by the next meeting. City Manager Cheney took advantage as there were so many people present. He asked the people to also come out when there is a public hearing on the budget and speak again. Councilmember Woolley seconded the motion. Councilman Wright asked if they were including La~e Boynton Estates, Mission Hill, and Mango Heights. City Manager Cheney advised that they were going to address the things brought up tonight, as well as attempt to indicate on the four phases of the project, the ones they think will really only affect one or two houses or the area in front of one or two houses but do not affect the houses. He said they were going to try to comment on them all but address the areas that really have flooding, would it affect houses, garages, etc. That was Councilman Wright's concern when he visited the Mango Heights area last Saturday morning, he saw the Reardons dumping the water out of their living room. Councilman Wright expressed that he sa±d to himself ~'G~O~i~ really s~d~ tk~t this had to happen," Councilman Wright wanted to see that those areas were given priority even if the City had to put some of the other ones on the back burner. He was sure the same was applicabl~ to Lake Boynton Estates, according to the report to the CoUncil from City Manager Cheney. Councilman Wright also wanted the City to see what it could do for Mission Hill and Old Boynton Road and those areas. Mayor Trauger interjected that Councilmember Woolley had water in her house from this. Councilmember WQ~lley added that she had water in her garage and requested that they check the drainage at Sunset Road. She said she would like a report on on the drains, at least where, they go, or~ if they go .anywhere. City Manager Cheney pointed out that Sunset Road was listed on~. there; both ends of .Sunset were listed, and there would be no problem. Councilman deLong noted that 66 areas were listed, and he did not see how you could select them for the back burner. Both Mayor Trauger and Councilmember Woolley agreed with Councilman deLong~ Mayor Trauger thanked the Council for their consideration. ~ity Manager Cheney advised that work would start on~.the ten projects that are currently approved, He believed it would be next week on the swale projects. A vote was taken on Councilman deLong's motion, and the motion carried 5-0. Review Street Resurfacing and Striping Proj~ect City Manager Cheney did not get a list of the resurfacing because of the added rain storms,~but wanted the Council to review a list and add any suggestions to the list of center line painting, - 37 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Councilman deLong moved to approve the list and give City Manager Cheney the authority to add any othersrthat may 'cQ~e tn. Mayor Trauger wished to have a chance to look at the list, as he was only half way through the list. Councilman~deLong pointed out that it was about the striping on the streets. Mayor Trauger advised the Council to do what they w±shed. City Manager refer~red the Council to items a through h on his memorandum of May 4, Councilmember Woolley seconded the motion. Mayor Trauger repeated that the~motion was to accept the list on the Agenda Item as listed on City Manager Peter'Cheney'~s Memo of May 4, items "a through h", for streets reSurfacing and line striping, and that the Council would add to it at the next Council meeting subject to additions and suggest±ohs of City Manager Cheney. Mayor Trauger asked City Manager Cheney about the little road from U. S. 1 (he thought it must be about 3rd Street) that runs back to the Catholic Ch~eh. He asked if it was a public street or a private street because it looked like somebody has .been using it for artillery target practice. City Manager Cheney questioned whether Mayor Trauger meant 6th Avenue north of the Boynton Plaza. Mayor Trauqer replied, "Right next to that beautiful shopping plaza." C~ty Manager Cheney informed Mayor Trauger that it was a public street. Councilman deLong added that they have a public easement that runs all the way down to Ocean Avenue. He stated there was an easement in the back. City Manager Cheney told him, "Not behind the shopping center." Councilman deLong advised that it was behind the Town Tavern (Pete's ~ttic). Mayor Trauger again asked if the little street that runs along side of that beautiful shopping center where Winn Dixie is, that goes back of the Catholic Church. Councilman deLong informed Mayor Trauger that it was private, and it was the one with the big holes in it~ Mayor Trauger wondered who fixes that. Councilman deLong remarked, "No- body fixes it." City Manager Cheney advised that was behind, Mayor Trauger was talking about the area "by" not "behind", and~.sa±d the area behind U. S. 1 out. City Manager Cheney explained that Mayor Trauger was talking about 6th Avenue, which goes into St. Mark's, and advised that it was public. Councilman deLong agreed that i% was public. Mayor Trauger asked if the City had taken a look at it, as it is really rough. City Manager Cheney said they would look at it. A vote was taken on councilman deLong's motion, and the motion carried 5-0. Consider Staff Recommendation Concerning Contract Operation for Regional Wastewater Treatment plant ....... Mrs. Boroni informed Mayor Trauger that there were people who wished to speak. - 38 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 David Nathanson, a resident of the Pines of Delray North, off Congress Avenue, Delray Beach, came forward and read a speech he had prepared as follows: (He would not release a copy of his speech to the Recording Secretary.) Mr. Mayor, Members of the Council: Some of my fellow residents and some from Hunters Run, located right here in Boynton Beach, are in the audience tonight, as you can see, and they have requested that I address the Counc±l relative to the Council's decision this e~ening on the matter of utmost importance to us and, I might add, the entire area as to who shall operate the Regional Wastewater T~eat~ent Plant ~ a decision that affects our health, our well~being, and the mandated~ right to enjoy an 'odor free, unpolluted environment for by Federal, State, and your own operat.£ng permit it is so mandated; and it is the responsibility of the local officials, you, young lady, and gentlemen, to insure compliance and not have the air filled with the vile stench that emanates from that plant over a w±de spread area~and, in addition, tarnishes the ±~ages of these two cities. In case you are not aware of it, depending on the direction of the wind and its ~elocity, the stench covers a widespread area of Boynton and Delray Beach. It includes, for example, the golf course at Hunters Run, My neighbor is a member of that club, and he and h~s~ four- some, on several occasions, have been forced off that course by the stench. The Boynton Industrial Park on the north, those wh9 work and gO to visit there, they get the stench, depending on the direction of the wind and its velocity ' the Isles of Delray and Plumosa School far to the east., plus community, more p~obably than any other because of ing winds from the east - Rainberry Bay and the La} Shopping Center to the south. And if you have a CB radio in your car, it might b~ interesting for you to turn on to listen to the coI of the traffic on 1-95 and on Congress Avenue. Thc comments are not favorable to the Wastewater Treat~ Plant, certainly to the stench, and definitely a s~ to the area. prevail- ~e Ida ~ents ~ir ~ent ~igma With these comments, how can you expect to ~tt~act ~ndustry or addit±onal residents when this image prevails? Industry, additional residen~ are of prime impo~tance to this area. ~ 39 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 An official of this City has been reported in the press to have stated that the plant was there before the residents. You know, that's real provincial thinking. I put that in the category of what came first, the chicken or the egg. The facts, and these are the factS, are: Poor planning. How can the Planners put a waste water treatment plant with the possibility of an odor in an area that is zoned directly to the south residential, directly to the west residential, directly towards the northw.est residential, and to the east residential? Even though the north happened to be zoned for an industrial park, there are people that work there - human beings - there are visitors, so from the beginning the planning was wrong. I might add that our residents purchased,~ with a great deal of hesitation, for they are aware that wastewater plants wil~ on occasion and sometimes more than one-occasion, give off an odor, so they checked with the City officials. Mr. Nathanson read a letter to the Council and advised that if the Council wished, they could be given a dozen of them. Mr, Nathanson stated that it was a reply to one of their residents: Dear Mr. and Mrs. Miller: I am in receipt of your lette~ and acknowledge your concern. There is a lot of difference between Albany, New York and Delray Beach, Florida, as I am sure you found out, and I would not worry about odors coming from the sewage treatment plant, Community sewage treatment plants are a way of life in Florida, and if they were allowed to be improperly operated (ALLOWED TO BE IMPROPERLY~OPEPJtTED) and create an odor pro~-~e~, then we w~Uld have very few people moving to this State. Mr. Nathanson told the Council these were the assurances they were getting. City Manager Cheney asked Mr. Nathanson who signed that letter. Mr. Nathanson an'swered that it was signed by Mr~ Louis V. Martin, III, Director of Public Utilities. City M-anager Cheney informed Mr. Nathanson that Mr. Martin used to be the Director of Public Utilities of the City of Delray Beach. Councilman deLong and Mayor Trauger both said Mr. Martin used to be with the City of Delray Beach. Mr. Nathanson said Mr. Martin is the operator of the plan~ or was at that time. He said they could show the Council others. Mr. Nathanson continued with his speech: - 40 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA M~Y 4, 1982 We have tolerated this. situation long enough, We have tole~ate~-~ this plan and that plan, odoriferous, masking agent, promises, promises, yet the same stench continues, and the plant is not operated properly. The residents today are mature, experienced, wiser, and they expect and they require government will act for and to their needs, such as was evidenced earlier tonight with the problems of flooding here in Boynton Beach. According to the EPA, and I would like to quote their publication, "Fully half the plants fail to meet their oPerating objectives on a consistent day to day basis. The fundamental reasons are: (1) improper plant oper- ation; (2) poor housekeeping; (3) poor maintenance," If you climb the catwalks and if you walk through the plant as many times as I have, and four of the other members of my committee, and if you have talked to the plant personnel, and you have seen these open vats and the foul air emanating, you will recognize that it falls within these three categories, but let me go on and quote the EPA: "In addition, one of the gravest areas is the lack of knowledge and the lack of experience," That is why it is so important that a professional, experienced, private firm operate the plant - a firm with a proven track record, with the expertise, the backup, the programs, and the plans to operate a waste water plant astir is intended, and not as it is currently being operated. First of all, I wantJit clearly and completely understood that we have none of our residents insofar as I know - no one present - have no financial interest or plan to have any in Envirotech or its parent or its affiliated companies. We have none whatsoever. However, this was the company selected by the Board when chaired by your previous Mayor, I might add, Mr. Ed Harmening. In our opinion, of the 13 bidders, your choice was correct. Negotiations have been conducted for over four excrud±~.%ing months. Contract terms have been reached, and one might even call it a sweetheart contract for there are terms in excess of those granted by Envirot~ch- to other communities and agencies, terms above those which may be granted by .any other operating company. The negotiating committee, and your previous Mayor is still a member of that committee, have done their homework well for the protection of all concerned. Now there are those who have doubts - a what if attitude, a what if it does not work, or what if this, or what if that.. That is small - 41- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 minded. That is pict NEGATIVISM DID NOT BE NOT PLAY A PART IN TF AND THE ADVANCE-MENT C FOUNDING FATHERS!'- tX sight who took the r~ this nation to its g~ We say if you have an ahead! Do it! If fc else has worked. If you were seriously for treatment? Of cc If you needed.an elec Of course not. You w field. Now would you of other communities water plant operators these as their clien~ communities are wron¢ would be a very narro There is also, report operated by the Board when members from bot expertise, no experie specialized field and The Board has, in the to do so but failed; attend the meetings b expression that they treatment plant opera A Board operation can an abhorent thought~ personnel with ~no pro~ It's just taking care ment, as the Post in assure you if this he happen. There is also a repoI of one Councilman's r, make money and take az Of course, they make yunish. It's a negative attitude. ILD THIS COUNTRY! NEGATIVISM DID E ADVANCEMENT OF INDUSTRY, COMMERCE, F THE GOVERNI~NG IDE~LS OF OUR ose persons with vision and fore- sks and forged ahead and built eatness. y doubts, forget .them! Move r no other reason than, nothing ill, would you go to a veterinarian urse, you wouldn't, Definitely not. trician, would you call ±n a plumber? ould call in a specialist in their turn this contract down when hundreds have turned to professional waste- and Enviro~tech includes many of · Would you say these hundreds of and only you are right? Now, that ~ minded view. edly, a suggestion that the plant be · How can it be sound reasoning n Boynton and Delray have no nce or background in this very have so expressed this opinion? past many years, had the opportunity ~nd some of the members even don~t ecause of their openly honest ~ave no knowledge of wastewater ~ions. lend itself to patronage, which is zhat the plant would operate with zen track record- no expertise. of an old friend or political commit- ~oday's editiOn indicated; and I )pens, we will not sit idle and see it z in this morning's Sun Sentinel ~mark, and I quote, "They operate to [vantage of the municipal clients," ~oney. Without profit, how can any business survive? Wi'zhout the proper motive, what ±s the incentive to take tis]is in industry or even to go into business? - 42 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA May 4, 1982 The same Councilman Was quoted, and he suggests, two engineers from each city, who select a fifth member. What a patch work answer to the plant's problems! And I mean problems! Where among the two cities are there five engineers with the thorOugh knowledge, experience, p~ven record, who can devote full time - I repeat, ~ll~'~me, to the plant's problems because it ±s a full time-~iant task for the problems of many, not just odor but in many areas. A wise and proper decision to act decisiyely tonight is youtH, and there is only one - the approval of the , Envlrotech~.~ contract. It has built-in safeguards to protect the two cities, termination clauses, warranties, liability clauses, all negotiated by a group of repre? sentatives who did so to protect these cities, and based upon a decision taken almost a year ago, that this is the correct and only method of operating the plant as it should~be operated, As I said earlier, hundreds of other communities have also decided upon this method. Your decision tonight will be a clear indication of your abilities and honest intent to remedy an intolerable situation that is a festering sore on the landscape, violates our right to clean, pure a~r, and tarnishes the area's image. If you do otherwise, we will continue our fight for what we are entitled to with whatever means are avail~ able - the media, the governmental agencies, the courts - and we are sincere in what we say. This is no threat, but it is a promise, We know you will act wisely, and your decision will be of benefit to the citizenry of the area, a decision showing statemanship, an indication of your concern for the City's reputa- tion, and for all the area citizens and the witnesses in this area. Thank you. We await your decision. There was loud applause. Mr. John Sedwick, Envirotech Operating Services, appreciated the opportunity to talk with the Members of the Council and concerned citizens who were there. Before the Council considered or voted on the contract, he wanted to make sure that he had the oppor- tunity to explain to them what it was all about. Mr. Sedwick said that Enviroh~ch[. Operating Services is a group that specializes in one thing, and that is wastewater treatment, and it is quality wastewater treatment. He informed the Council that they operate thirteen plants in ten municipalities and have - 43 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA May 4, 1982 an unblemished track record. Mr. Sedwick told the Council that today, he could hand to them references of city officials in each one of those cities, and the Council could call them. He said there would be an open invita- tion for any of the Members of Council to go and vis±t, and they could see the type of operation that EnviroZeehl runs, not only a good, clean operation that meets the quality that is required by the NPDS permits, but also an operation that is part of the community. Mr. Sedwick said they become involved in civic activities and public awareness just as they were stating in their contract and the odor program, although he pointed out that they were not the solution to everything, as there are certain physical constraints. Mr. Sedwick said the citizens would also become a part of their odor abatement program. It was news to Mr. Sedwick that the~statement came up about costs. He said the cost and the contract is comparable,. He .adviSed they' were stating that they would operate the plant next year at a comparable cost to what it was this year. Yet, Mr, Sedwick told the Council that they say Envirote. ch" is a costly alternative, or somebOdy has stated that. Mr. Sedwick contined by saying, "Yes, we do make a profit, but we also have certain efficiencies that we can put into effect that you, as a municipality, find it more difficult to do," He said they could buy in quantities chemicals~per se. Mr. Sedwick further informed the Council that they can supply technical expertise that if Boynton Beach and DetraY Beach had to retain on their staffs full-time would be an exhorbitant cost, He advised that he had 35 people available to assist the plant within six hours' notice. Mr. Sedwick also has a computer link u~ that would be linked up to that staff. They would know the performance of that plant for the previous thirty days or the previous twelve months. He said they would have a flagging system that would let them know that that plant is in trouble. Somebody would be on the plane out here to held that plant. Mr. Sedwick advised that this plant would newer get into a problem, as their previous history indicates over the past ten years on the thirteen plants that they currently operate. Under comparable costs as the City's budget, Mr. Sedwick told the CoUncil they were supplying some additional things. They are supplying proven expertise and backup and guaranteeing their performance, liability coverage, and~client's ~overage if they fail. If the Board operates, who pays the fines if there is a failure, Mr. Sedwick asked~ He answered that it is passed on to the citizens. The Board has no assets of' its own. Mr. Sedwick pointed out that they were backing that up. If they fail, they - 44 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4 , 1982 will pay the fines for affluent violations. As was previously mentioned, Mr. Sedwick stated they also have other liability protections and things that are in addition to what .the City cannot be able to enjoy with' its contract.with the City.of Delray Beach. Another thing which they provide, that Mr. Sedwick wished to impress upon the Council, was proven systematic maintenance of the plant. He told the Council the City has a facilitywhich is a capital investment, in the neighborhood of Twenty Million Dollars. Mr. Sedwlck said they had a proven preventive maintenance system and a track record that proves they do .utilize it. Any system is only good as those people utilizing it, he commented. Mr. Sedwick wanted to impress upon the Council that they do want to be a part of the two communities and they do want to be of service in this area, performing a quality program. In this respect, Mr. Sedwick told the Council they responded in g~od'faith to the Board's RFP for a contract operator at that plant and, at the time, it was his understanding that Board is made up of elected officials from both communitiesr so Mr. Sedwick said he would try to represent the views of those two communities. Mr. Sedwick continued by saying that in good faith, they entered into a competitive situation. They were selected; they came out and evaluated the plant with five people for a week and dedicated a lot of time. Mr. Sedwlck stated that they Probably know more about the City's plant than the Council did today. In good faith, Mr. Sedwick advised that they sat down and~negotiated a contract. As was mentioned, they have provided more than is in any of their other contracts, and they were happy to do it. Mr. Sedwick advised that there were other issues that may be brought up: recently, Mr. Cheney's review or the City Attorney"s review. Mr. Sedwick informed the Council they would be happy to resolve that. He added that in good faith, they will sit down and resolve any issues that the Council has or bring up in order to bring this thing to a conclusion. In order to support them, Mr. Sedwick retained James L. Watt, Esq., a local attorney, Suite 904 - Forum III, 1665 Palm Beach Lakes Boulevard, West Palm Beach, Florida, who has a better knowledge of the local statutes, and can workwith the City's attorneYs and BOb Fitters of the local Board. Mr. Sedwick emphasized that they were ready to do anything they have to do to provide the support the City needs to consummate the agreement and ultimately to provide a quality service to the Council and their citizenry~ As a last statement, before the Council leaves tonight, Mr, Sedwick asked that they make a vote on the contract, at least make a vote that is conceptual in nature. Mr. Sedwick told the Council that they agreed with the concept of contracting out this plant. He advised the Council to get that resolved and told them that if they have some concerns to make it cOnditional upon resolution of those concerns. Mr. Sedwick pointed out that this thing has been - 45- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 going on and on. He asked, "Why let it drag on and on?" As a concerned service supplier, Mr. Sedwick said Envirotech would like to be of service to the Council, to the community, and the citizens. He requested that the Council put it to a vote, and he hoped they would vote to the betterment of their community and take advantage of Enviroltec~ 's expertise. There was a lot of prolonged, loud applause. Mayor Trauger asked if anyone else wished to speak, replied that there was no one else. Mrs. Boroni Mayor Trauger then asked the Members of Council ±f they had a chance to review the memo of May 3, 1982. Councilman deLong said in view of the fact that the people had their say and it was a matter of public record, he would move that the memorandum that Mayor Trauger referred to and also the memorandum from perry Cessna, Director of Utilities, and the'memorandumfrom the City Attorney (which Councilmember Woolley recommended be added) be made a part of the public record. Councilman deLong wished that to also be read into the public record so the audience could see what the people who represent the City had to say. While they were at it, Councilman deLong wished to clear up another point that was mentioned by one of the gentlemen who spoke about the silly idea of two engineers from here, two engineers from there, and where are you going to get them. Councilman deLong said that was a remark that was passed years ago when they were forming this and he strenuously objected to the Councils in each city operating as a Board for the simple reason that it was "too damn political" and he thought they could get people in the City who were retired engineers or had the expertise. Councilman deLong advised they would take two f~om Boynton Beach, two from Delray Beach, and those four would sit down and select the one from one of their satellites~ because they were of the opinion that the satellites shOuld have some representation also. Councilman deLong informed the audience that was not a wild guess in the air. He thought if they had followed that advice, it would have been more beneficial. He also said that when this thing was set up, it was Delray's wish, and it was the responsibility and it still is the responsibility of the people who served on the previous Councils of Delray Beach, Councilman deLong told the audience they thought they were going to outmaneuver the City of Boynton Beach and they wanted the whole pie, He said they wanted to operate it. At that time, Councilman deLong~ thought it was not advisable because the City of Boynton Beach had operated a sewer treatment plant - waste wa~er treatment plant for many yea~s without any problems. He said-the City had its own laboratory and skilled employees operating it, etc. - 46 - MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA What happened, Councilman deLong take it over. To begin with, the supposed to be the Utilities Dir~ Miami, who was retired or termin~ Utilities Director, Councilman dE had no experience in that field remarked that he would say, right got off on the wrong foot, Had people to go in there, CouncilmaI story because Boynton Beach had and they had their own laborator~ were of first grade. What happei City had to phase these people ol One of the people BoYnton Beach woman that is now in charge of t Councilman deLong recollected. history. Some woman in the audi ~s, CouncilmandeLong?, CounCil people and remarked that somethi shouted, "Well, do it now!" Mayor Trauger silenced the audieI the audience to let the Council Mayor Trauger called attention t asked if there was a second. Col motion. City Manager Cheney read the mem( Director of Utilities, to Peter April 27, 1982, re Envirotech is attached hereto and made stated that Mr. Cessna's memoran¢ problems in this contract. City Manager Cheney then read a City Attorney, Caldwell, Pacetti Building, 324 Royal Palm Way, Pa Cheney, dated April 27, 1982, co minutes and made a part hereof. In review of this and the City's to the Board's direction at thei] that the Administrative Staff ma} Cheney said he summarized in a mc :ETING May 4, 1982 continued, Delray Beach wanted to ~y did not have a man. The .one who was ~ctor was a former policeman in [ted on the force. He was the ~Long told the audience, and he ~hatsoever. Councilman deLong from the beginning, that it ~hey privileged Boynton Beach's ~ deLong felt it woul~ be a different ~he staff, they had the equipment, .es, and the laboratory workers ~ed was through this move, the it, Councilman deLong recalled. ~ad in the laboratory is a ~e whole plant down in Boca Raton, [e thought that would tell a little ~nce called out, "What is that to ~an deLong sympathized~with the ~g has to ~e done~~ ~ Woman ~ce. Councilman deLong requested [ecide what should be done. Councilman deLong~s motion and [ncilmember Woolley seconded the ~andum from Perry A, Cessna, Cheney, City Manager, dated reement, A copy of said MemorandUm hereof. City Man~ger Cheney [u~ merely suggests that there are ~emorandum from James W. Vance, Barrow & Salisbury, Royal Park .m Beach, Florida to City Manager ~y of which is attached to these own conversations and the response · last meeting when they asked ~e a recommendation, City Manager ~mo of May 3, 1982 the staff"s feelings relative to the agreement. City Manager Cheney read his memorandum dated May 3, addressed to the Honorable Mayor and City Council. A copy of said Memorandum is attached hereto and made a part hereof. Mayor Trauger noted that the Memorandums had been read into the record. He asked if Council had any comments. Councilman deLong was in sympathy with the people and what is happening up there. There has not been any definitive action and now that the City got - 47 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 into this, they should do like they always do in Boynton and clear it up. There was loud applause. Councilman Wright wanted to ask Mr. Nathanson .a question, as it seemed he had done a lot of research, Since the Board did select this particular firm, Councilman Wright asked Mr. Nathanson what he had found~t~ t~e~£ir~,Nathanson understood, in relation- ship to the 13 bidders, they are probably the.foremost; t~hey are probably the most experienced of all 13 who bid on the contract; they have a proven track record, and insofar as the odor, Mr. Nathanson wanted to read a letter that he had with him. Councilman deLong interrupted tO say he was not concerned and he did not have any grievances whatsoever against this outfiH. He was not condemning them or questioning their integrity or ability or incompetency. What he was basing his judgment'Q~a~w~at~-happened in the past in the hands of an incompetent City such as De. lray Beach with the management of that particular plant down there. There were shouts of "Ah, come on!" from the audience. Mayor Trauger banged his gavel and again silenced the audience with, "At ease!" Councilman deLong continued by saying he was just as concerned and interested. He said if these people can come in here and make a go of it and make money to pay the people that are going to be employed by it and show a profit, why shouldn't the City do as they have done in Boynton Beach and operate the plant down there and turn the profits over to the taxpayers. There were more shouts from the audience, Mr. Nathanson referred to a particular situation which occurred in Cambridge, Maryland that is almost identical to what the City has here. He said it was a waste water treatment plant directly across the street from a group of homes, Mr. Nathanson stated that there were 14,000 people in Cambridge, Maryland. In July of 1975, the area was permeated by the most horrible odors, severe odors it listed there, from the wastewater plant. He said the town put out bids similar to what the responsible members of the Board did. Envirotech was one of those who bid. Their attorney, their manage- ment, their Utilities Director checked them closely, as twelve other cities and towns did and found Envi~otech to be the best. In June of 1976, Mr. Nathanson continued, Envirotech began their operations and by the Fall, the odors were totally eliminated. Mr. Nathanson told the Council that if any of them had any doubts, they could call Sue Thomas, the woman in charge of the committee of the housing across the street. He advised that her telephone number is Area Code 301, 228-6662. ech,came forward and asked~for just a minute. He addressed Councilman Wright and said, "Mr. Wright, you asked a question." Councilman deLong interrupted to comment that they could belabor this all night but he w~ld acquiesce (he was beginning to speak when~i-~_jo~.~edw~ck interrupted.) Councilman deLong - 48 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 told Mayor Trauger to let Mr. Sedwick speak but added that he did not think it was necessary. He thought they said all they could say, and it would not change his mind. Councilman deLong informed everyone that he was going to put his vote where he believed it belongs, upon the advice of the people the City pays good salar±es to. There were more remarks from the audience. Mr. Sedwick referred to Councilman Wright's question Nathanson had found out about their firm, Mr. Sedwick thought he might offer something that would help him on that question as well. Mr. Sedwick submitted letters that were written in response to another community's request on the performance of Envirotech. It was nothing Envirotech contributed to or anything, but Mr. Sedwick told the Council he could supply copies to them as an example as to what their clients said about them. City Manager Cheney commented that the City's report was in no way reflective on Envirotech or their past experience. They tried tactfully to point the reason the City was concerned about the process, not about Envirotech. City Manager Cheney did not know all the other cities, as he did not take the time. He just has the faith andbelief t~t~a community of 100,000-pe~pie,~whi~h is~what~.~e are~to~t~l, has ~the.~abilit~.,~t~o~i~an~tbat~i~in6t.~C~idge~M~. Maybe it is the absolute thing that can happen, City Manager Cheney continued, but that is not the issue. The issue is not the other 13 cities. The issue is here, City Manager Cheney pointed out. City Manager Cheney made one more comment. He said the letter Mr. Nathanson read earlier was from the City of Delray Beach. He did not think Mr. Nathanson had a single let%e~ from Perry Cessna, Director of Utilities, City of B. oynton Beach. City Manage~ Cheney wanted to be sure that the press and everybody else knows that the City of Boynton Beach did not wr~e that, Mr. Nathanson retorted, "I think you are just covering your tail." City Manager Cheney was just clearing the fact that the letter which Mr. Nathanson introduced came from Delray Beach. Mr. Nathanson argued, "That has nothing to do with it." Councilman deLong reiterated that there was no use in belaboring it and he thought everybody had said what they possibly could say. He was quite certain tha~ the future would take care of cleaning up that plant. Councilman deLong moved to dis~ ing contract operations for th~ Treatment Plant and depend upor money to to give the City the Councilmember Woolley had a qu .pprove the recommendations concern- South Central Regional Wastewater the people that the City pays good roper advice. ~stion about the motion. She asked Councilman deLong if he was sa,~ing, in effect, that he wanted the City of Boynton Beach to take i~ver, Councilman deLong said that would be decided by the'Board. He could not make that decision, CoUncilmember Woolley ascertaiQed that Councilman deLong was just turning down this particular ±~em. - 49 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA May 4, 1982 Vice Mayor Warnke seconded the motion. Mayor Trauger repeated the motion that the agreement for the Regional Wastewater Treatment Plant with Envirotech be rejected for the reason it was advised by the City Manager, the City Attorney, and the City Utilities Director as stated in the attached memos. Mice Mayor Warnke commented that what the Council did tonight is not final. It also has to be passed by Delray Beach and it also has to be passed by the combined Board. He asked if that was correct. Mayor Trauger believed so. It was Mayor Trauger's understanding that the Council ask each city to take it back and evaluate the contract, %hen Manager Cheney said that was c, i.t, but they have to end up majority of the members of botl agree if there is a decision Woolley asked if that was at ack to the Board meeting. City Each city is going to review both Board actions, but the and both cities have to way to go. Councilmember meeting and not here. City Manager Cheney assumed the its position. City Manager Ch after the Board takes a position the other voted by the mar Councils at the Board meeting, reratified by each City Council man deLong told City Manager Chen Board will have two alternatives. understood it. 's action here would indicate thought the procedure ±s that ~t is a position one way or the representatives of both City decision will then have to be In other words, Council~ , it appeared to h±m that the That was the way Mayor Trauger ouncilman deLong advised that if ore, then that means that the~ wi alternative. Mayor Trauger co, men it ~ is split; Councilman deLgng have a majority and be able.to do As Mayor Trauger understood thC. ac reject the contract as is, and the this goes to the South Central[Was they do the same process in De,ray City Manager Cheney anticipatedth Councilman Wright acknowledged fha who have been ~eated on Council fo knowledgeable about the proble~ th matter, (He referred to Counci%man more so than the other three that or So. councilman Wright's co$cerl decide not to go w±th this agrCeme would they take care of the prOble! willing to accept that, if they al plant out there. from here?" ~h~s Board. remains solid in their 11 have to try to a~r±ve at an ted, "That's right." At thispoint, thought they probably then would ~hatever they want to do, tion, they either accept or CounCil's recommendaton for te Water Treatment Board (and Beac~ for our next meeting. ~t was what would happen. t some of the Council persons ~ sometime have been more ere and the details of the deLong and Mayor Trauger), nave not been there for a year was that in the event they ~t, what would be next and how ns. He asked .if the City was kow the City to operate the Councilman wright questioned, "Where do we go Mayor Trauger pointed out that the three alternatives were stated - 50 - MINUTES- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 in this memorandum. Either the City of Boynton Beach or the City of Delray operates the plant. Currently, the City of Delray Beach is operating the plant, and he had no indication of the City of Boynton Beach yet operating the plant. The other alternative was for the Board to hire licensed engineers and competent people to represent the Board and from the Board's director, Mayor Trauger said the memorandum states, "must be a qualified licensed plant operatorl~'' From that viewpoint, Mayor Trauger continued that then' the Board would operate the plant and hire a staff and a consulting firm to advise the Council or to check on the Board operation. The third alternative was what theywe~e now talking about, Mayor Trauger advised, which was the operation by a private plant, which was the Envirotech, after they screened various contractors up to the point on the eligible bidding. He stated that was where the Council stood now, and those were the alternatives. Councilman Wright just wanted to know what position the Council would take in the event the agreement is not passed, Councilman deLong commented that if the agreement is not. passed, it would appear to him that they would have to. workout with one the alternatives that they have listed. Vice Mayor Warnke stated the motion w~'s that they reject the contract a~ is under recommendations of the City's staff, In the future if~want to come up w±th s new con,tract with better recommendations that is in agreement with the staff, then at that time, it. migh~be.~accep%~hl~ he sa~-'~ C~unc~lman deLong remarked to Vice Mayor Warnke that it ~ight be decided ~therwise, Councilmember Woolley pointed out to Mayor T~auger that Envirotech said they were willing to work this over. Councilman deLong reminded Mayor Trauger that there was a motion on the floor. Councilmember Woolley understood that Envirotech too understood that the~e were problems with the contract as is. City Manager Cheney believed the last time they met with Mr. ~'ede~s~iel~; that he had gone as far as he could go on negotiations. Depending on conditions of other agencies, they might change their minds, City Manager Cheney added. The comment City Manager Cheney had from Mr. Federspiei'< was that he had done all he could do. Attorney watt wished to speak. Mayor Trauger advised him that he had ~ motion on the floor and had to dispose of that. Attorney Watt asked for a waiver of the rules to allow them to answer some of the questions some of the people and Council have ~a~ised, Councilman deLong remarked that Attorney Watt had the opportunity before and he did not know why Attorney Watt did not come forward. A woman shouted, "Let him talk!''' She kept shouting and Mayor Trauger tried to quiet the audience and told the woman and audience they were under parlimentary Procedure. Councilman deLong told the woman we were not used to that kind of conduct at our meet- ings. Mayor Trauger advised that he would have to clear the hall - 51 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA 1982 unless the people remained orderly. Mayor Trauger asked Assistant City Attorney Wolf what the rules would be for the parlimentary procedure. Attorney Wolf advised that the Council could waive the rules. Generally, once there is a motion on the floor, discussion is on it among-.Council, but if the Council wishes to waive those rules to allow Attorney Watt to speak~ that would be the privilege of the Board, but they would have to take action to do that. In View<Of~.~ emotiona~l iSSue, ~4rs, .~.qcol!_ey~ thought the Council should ~W~e~ {he~ 'rules. Councilman deLong moved to waive the rules, seconded by Councilmember Woolley. The motion carried 5-0. James W.att, State Representative and Partner in his law firm, appreciated Mayor Trauger introducing him as State Representative, However, tonight he was appearing as an attorney representing his client. He stated that he tries to keep his legal practice separate from anything else he is involved in. Attorney Watt said the reason they (he and his client Envirotech) did not address those points was because Council did not ~alse those questions until now, He called attention to the fact that you cannot very well anticipate every question that might be asked, Attorney Watt wanted to clarify first ~fi~a~l[!~,Pi~ was their understanding as he talked to Bob ~ed~m~±el~.. this afternoon and was told the normal procedure in this matter is that the Board itself makes a recommendation and then that recommendation is taken back to the respective City Councils of the City of Boynton Beach and the City of Delray Beach-to be ratified. In all due respect, it seemed to Attorney Watt that possibly they had the cart before the horse. He did not believe that the Board bad made a recommendation for the Council to either concur and ratify or to reject. Attorney Watt did think, of course, that it would be proper for the Council to try and discuss thiS and try to express their thoughts and instruct the staff on what they would want. It seemed to Attorney Watt that the Mayor and Council had the cart before the horse, which was the point they were trying to make, It seemed to Attorney Watt that one member of the Council had raised the point that we are still in a negotiating posture. Attorney Watt stated that was exactly the posture they were in. He said he discussed it with City Attorney Vance today and with Mr. Vance on Friday (April 30, 1982). As a matter of fact, Attorney Watt thought City Attorney Vance and he (were Attorney Vance to be here, and he'did~not, know whether Attorney Vance had communicated this to the Assistant City Attorney James Wolf) had resolved a couple of the issues that City · Attorney Vance mentioned in the memorandum, specifically the one about the waiver of soverign immunity, Attorney Watt believed that City Attorney Vance was under the impression that by maybe entering into this contract that the City of Boynton Beach and the City of Delray Beach were placing in jeopardy the protection - 52 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA May 4, 1982 that is afforded them under the waiver of soverign immunity. Assistant City Attorney Wolf did not think that matter had been resolved. He advised that after City Attorney Vance spoke to Attorney Watt on the phone, ~4r. Vance and he both had some concerns on the matter. Attorney Wolf repeated that matter had'not been resolved. Attorney Watt exPlained that ~id3~not mean.Zo suggest that matter had been resolved but with other matters, he felt they were making progress on them, The point he was trying to make is that they are in the progress of negotiating, and the Board has not made any recommendations. Attorney Watt advised that there is an Attorney General's opinion (75.61) which states that you cannot contract a waiver of soverign immunity, but he did not want to get into a long legal discussion if the Council denys it, because he did not think that would be proper, Attorney Watt repeated that his point was that they are still in the process of negotiating, and he did think the Council should take into consideration the posture the whole matter is in as of tonight. City Manager Cheney informed everyone that when they were at the last meeting of the Board, it was his clear recollection that Mr. Federspiel said (and in fact City Manager Cheney met with him since) and indicated ~hat was the contract as far as he would go. As far as Mr. FederspielJ was concerned, City Manager Cheney told everyone, it was over, and the negotiating committee felt the same way, and there was excessive concern and pressure on the part of the Board Members to get Mr. T±ffany and City Manager Cheney to make a commitment that they would get a recommendation in to their City Counci~ just as soon as they could, hopefully, the next day. They could not do it the next .day, but they did it within ten days or so. City Manager Cheney said the direction glven by the'Board~at~that meeting was, "When can the administrative staffs of the two cities possibly get a report to their City Councils so their City Councils know what positions to take at the Board Meeting?'" Although the Council's action tonight may not be final, City Manager Cheney advised that they had to have some mechanism to know how they are going to vote when they go to the Board meet~ ing. He told the Council some of the things they could make up their minds on right there because they are simply actions recommended by the current Administrative Director and do not need any conversation aforehand but he certainly thought it was reasonable for the Council to have some feeling how they, as a group, were going to vote when they get down there. The idea of continuing the negotiations is something which possibly has come up since th~ last Board meeting, citY Manager Cheney brought out, when it became clear that some parties were not happy with. the agreement because that was not the feeling back then when M'r. Fede~spiel indicated that he had gone as far as he could. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 City Manager Cheney thought what the Council was doing tonight was' proper; he thought the Board asked them to review it, and they certainly asked h.im to make a recommendation. Councilman deLong wished to withdraw his motion if Vice Mayor Warnke would withdraw his second. He wished to make a Substitute motion. Vice Mayor Warnke asked Councilman deLong what would be his other motion. Vice Mayor Warnke wlt.hdrew his second and Councilman deLong withdrew his motion. Councilman deLong moved that the City Council accep~ the staff's recommendation concerning the contract for operation and main~ tenance of South Central Regional Wastewater Treatment and Disposal Facility. Councilman deLong said these are the recommenda- tions which have been read into the public record. Vice Mayor Warnke seconded the motion. Councilman Wright asked with the staff recommending that they not execute or approve the agreement between South Central Regional Wastewater Treatment and Disposal Board and Envirotech Corporation, if he voted to support the motion, he would be voting against the agreement. Mayor Trauger advised that he would be voting against accepting the staff recommendations, Mayor Trauger continued that the staff recommendations say that, in virtue, they are rejecting the Envirotech proposal. He said they would then take it to the Board at its next meeting, as this is the review of Boynton Beach. As Mayor Trauger s~w~ ~%, it was not the last ditch as yet. He said what they were doing was accepting their own staff's recommendation that says the Council rejects it. Councilman deLong had requested a roll call ~ote, and Mayor Trauger asked Mrs. Boroni to take a roll call vote on the motion, as follows: Councilmember Woolley Councilman Wright~ Councilman deLong Mayor Trauger Vice Mayor Warnke No¸ No Aye Aye Aye The motion carried 3-2. Vice Mayor Warnke emphasized again that this was not a final decision. The Council was making a vote on what was presented to them by the staff, and the contract was still open f~.r negotiations. There were shouts from a ~e~y noisy audience'~ MA~YOR TRAUGER DECLARED ~ TEN MINUTE RECESS AT 10:40 P. The meeting resumed at 10:50 P. M, MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA May 4, 1982 Mayor Trauger declared the Council meeting back in session. Golf Course 1. Accept Economic Research Associates Report on Golf Course Pre-feasibility Study Councilman deLong moved to accept the report and place it on file, seconded by Vice Mayor Warnke. No discussion. Motion carried 5-0. 2. Response to Comments Made by Nick Cassandra on Golf'Course Funding City Manager Cheney thought the response vas contained on page 17 of 'the report, His understanding of what Mr. Cassandra was saying was why don't we sell 2-1./2 Million Dollars of bonds. The fact is, City Manager Cheney explained, to do a Three Million Dollar ~.r~roject, you cannot sell 2-.1,/2 Million Dollars of bonds. To sell any bOnds, you have to sell a bond in the size large enough to carry the capitalized interest for the period of construction, establish a reserve account, the-legal~adminlstra~ tire costs, and the contingency and so'li~ costs are all a part of what you have to do in the bond issue to support the bond issue to get the project.going, City Manager Cheney advised. He said it was routine and a ~alid bond issue, because no one is going to buy the bonds if you do not build those kinds of .contlngencies and reserves ahead of time. City Manager Cheney understood the concern about having a Three Million Dollar project and a Four Million Dollar~bond issue~ but he thought the figures on page ~7 showed.tha~. He said this was only a 3 to 1 ratio, SOmetimes on some large projects, City Manager Cheney pointed out, especially on projects that are under a 3.~r~4'~?~period, the ratio of the construction for maybe ' ~ ' capital cost to the amount of bond issue.~s substantially more than what they were talking about here. Mayor Trauger asked ~. Cassandra if he had any comments. Mr. Cassandra recalled that the only thing he asked the last time was to just look at the numbers. He said page 17 was the projected 1980-1982 by two months .ago bid request, and building at 2.9 was much, much less. If you look at page 19, Mr. Cassandra believed the interest on the debt service says $260,000.00. Mr. Cassandra pointed out that should r~ead $555,'000,00, He advised that if they would do that,ali surplus at the bottom, cumulative reserve and surplus would only come out to $337,000.00, which means that they do not have enough money here to cover escrow. ~11 Mr. Cassandra was saying was look at the numbers. He told the Council to not look like Cyclops with one eye where their depth of visual perception does not tak~ in the whole field. Councilman deLong advised that City Manager Chene~ and Mr, Cassandra get together and~ look at the nUmbers together, C~ty Manager Cheney - 55 - MINUTES - REGULAR CITY COUNCIL ME] BOYNTON BEACH, FLORIDA thought that might help. He advi: Particular amount was for seven mc year's interest. That was why it reason Mr. Cassandra mentioned it the next page, period No. 3, on 11 numbers (if the numbers are not r~ would have no argument) they woul~ Manager Cheney told Mr. Cassandra period but the problem he was lool ]TING MaY 4, 1982 ~ed Mr. Cassandra that the )nth$' interest, not a full was not a total amount. The was, (he referred Mr. Cheney to )/lJ84) according to those ~ght, Mr. Cassandra said he have to pay $555,000.00. City that was for a whole year ling at on page 19 was for a se~en month per~od. Mr. Cassandr~ co~ented that the breakdown did not Show that, City Manager C~eney referr~ed Mr. Cassandra to the top of the column, where it s~id seven months~ · Mayor Trauger suggested that Mr. Cassandra get with' City Manager Cheney on that. He thanked Mr. C~ssandra for his watch dog of the funds on the golf course. present at budget time. Mr City Manager Cheney was sure the ~a!idation hearing next Monday. A1 Shepa~d~ passed~away last week the Council that Mr. Shepard had walking around, and went back int~ City Manager Cheney expressed tha' friend and a long time resident a] Beach. He said much of the City family and his mother and sister Shepard had a multiple heart bypa ago; he was home; he was out walk there were repercussions last weel City Manager Cheney informed the mother was the first school teach street. Consideration of Talent Bank Appl - Requested by Councilman Samuel Councilman Wright told the 'Counci from four or five months ago when having applications available for sponsored by the City for citizen servinglsome time in the future o~ keep a file on those who are inte~ look into the file and go through know some of the people who may b~ Councilman Wright said he met witl they came up with this form. He thought it was a good one, pretty body could understand. He brough~ Cassandra promised to be ouncil knew that the bond {e assumed the~Counc±l knew that City Manager Cheney informed a serious heart attack, was home the hospital. Boynton Beach lost -a good d an early residen~ of Boynton ~as de~eloped by Mr. Shepard's ~till live here. He said Mr. ~s operation about %_h~ee weeks lng for several days, and then ~end. iouncil that ~. Shepard's ~r in the school across the .cations for Board Appointments ~amar Wright this was basically a follow~up the idea was brought forward about some of the public functions who may be interested in a Board, and that the City would ~ested and would be able to just the applications and get to interested. the City Clerk last week, and aid Tereesa Padgett, City Clerk, basic and simple, and one every- it for the Counc±l'~s recommenda- 56 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 tion and input a~% this time. it was very good. Councilmember Woolley thought Councilman deLong felt if each individual Council Member wished to keep a Talent Bank of appl'±cations on his own, but he did not believe he should be bound by that as he had his own Talent Bank of applications when it comes time to appoint people to the Boards. He stated he knew the people he desires to appoint. Councilman deLong informed the Council that he makes very few appointments and when he does, he thinks the people that .he appoints have really given a good account of themselves. He told Councilman Wright if he wanted to go ahead and M.rs. Padgett wants to go ahead and take application blanks, that is fine, and if the other Members felt like going and looking them over, that was fine too, but he did not think they should be bound by that. Councilman Wright explained that they were not binding, it was just that some people cannot type. Some people cannot put together resmm, es and may be interested. It was just another avenue for them to'say they are interested, and they can fill it out, Councilman Wright continued. Councilman deLong also said that just because someone did not have a talent bank application on file, that should not preclude them from being appointed. Mayor Trauger's personal ~iewpoint of it was that there may be somebody here who has a great deg~ree of experience in the field for a Board and would like to serve on it. To the other extreme, Mayor Trauger knew he had many people ask to serve on Boards who did not have the degree of expertise, in his opinion, to serve, Mayor Trauger felt that through the Chamber of Commerce or some place else, by one or two telephone calls, you can find in one of these places people who do have expertise. As far as those who want to volunteer, Mayor T~auger did not impose objection that way, as long as they understood that it was not binding, Councilman Wright stated that it. was not binding. Councilman. deLong felt there ~was no.harm as lo~ng as they would not have to come off of the Talent Bank applications to be appointed. Councilmember Woolley agreed.. Councilman Wright moved that they just use the forms Councilman deLong wanted to say, if Councilman Wright was going ~o make a motion, and he stated he would second the motion, that he would like to see something drafted'to the extent of the feelings voiced here by gouncilman Wright, Councilmember Woolley, and Councilman deLong by the City Attorney adopting this. Councilman deLong wanted it very specific%hatit~is~n~tbindimg ~n theCouncil~Members and also that you do not have to come.fr~ a Talent Bank application in order to. be eligible f~r~a-Bosrd appointIaen~.~ M~, Wright agreed to Council- man deLong's suggestion. Mayor Trauger repeated that the motion was that the Council accept the Talent Bank recommendation of Councilman Wright and refer it to the City Attorney for the appropriate drawing up of the guide- lines. - 57 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNT©N BEACH, FLORIDA MAY 4, 1982 A vote was taken on the motion, and the motion carried 5-0. Consider Change Order No. 1 - R & A Project No. 626~681-~4 for 1 MG Storage Tank and-Booster Station - Koblar Constructors and Engineers Councilman deLong moved to consider the Change Order, seconded by Vice Mayor'Warnke. Motion carried 5-0. Report on High Ridge Road Construction Issues Re.: County Board of County co~m±ssiOners Palm Beach Mayor Trauger thought the report did not require any action and was for information only~ He asked if that was correct. City Manager Cheney replied, "Unless you want to instruct me to make some statement other than what is normally ma~de at the Board of County Commissioners. From the~Council's ~±ew, Mayor Trauger believed they wished to proceed with the part of High Ridge Road. Councilman deLong interjected that was the only way the City could service them. City Manager Cheney advised that the issue i~ will the two%pieces of High Ridge Road be connected. The issue is that when the south part of High Ridge Road is constructed, can you go from 22nd Avenue to Hypoluxo. In other words, Councilman deLong pointed out, you will still be able to go into the incorporated limits of our city as far as our incorporated areas are concerned but when you.go out from that, they want to put a barricade up so you do not use it. Mayor Trauger disagreed~ He thought their position, as a City Council, would be that they have full ingress · and egress all the way across High Ridge Road from the City at 22nd Street in Boynton Beach to wherever there is a public street. Councilman deLong informed the Council it was a public street. City Manager Cheney told the Council that logic would suggest that the whole street be opened so that the City would have access to Hypoluxo and 1,95 so ind'~tr~de~elopment along that a~ea can get to Hypoluxo. Mayor Trauger predicted that these "same lawn mower objectors are going to be objecting to through traffic, and they live without the City of Boynton Beach, so I say we take care of Boynton Beach and put the road through," That was what Councilman deLong was saying. He said they had them out here ton±ght. Councilman deLong said the City was sort of not certain whether they want to adhere to ~the request of the business man in the City compared to somebody who does not even live in the City trying to come in here and tell the City what they should do, what they should have done, and what you shouldn't. Councilman. deLong thought their'place was to go to the County Commission Meeting, as "they always take care of our bills, so let them take care of theirs." City Manager Cheney info--ed Council- man deLong that they will be at the County Commission Meeting, and - 58 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 the County Commission has asked the City to be there too. City Manager Cheney just wanted to know what the Council wants the City to report, and he thought he knew. Councilman deLong reminded City Manager that they built that road before, and there was one County Commissioner that was on the County Commission a% that time that was responsible for it. Councilman deLong happened to be on this City Council when it happened but said the County Commissioner is not around'now. City Manager Cheney ascertained that the City's position was that they want to see the road go through. Councilman deLong added, "Full speed ahead." Mayor Trauger commented, "Full speed.ahead, Go the full route." Councilman deLong told City Manager Cheney that they want the whole thing open. He thought that was the way the City should approach it, but under no circumstances do they want it to be precluded that we cannot, within the City, open up High Ridge Road, even though it is a County road. Mayor Trauger asked, "Do you get the Message, Mr, Cheney, loud and clear?" While they were on High Ridge, Councilman deLong commented that when you try to find out who was responsible for all that mining up there, that acreage of mining on the S, E. corner,~'bef~r~ you get to 22nd Avenue, contiguous to 1-95. He thought they were going to try to use that for some liquids that they were going to use up in that plant when it opened, He said it was all the way down on the S. E, come,r, contiguous to I~'95 on the west side of 1-95. Councilman deLong did not know how many acres were in there but they were excavated, City Manager Cheney asked if it was the S. E. corner of High Ridge and 22nd. Councilman deLong replied that it was not High Ridge, it was S, E. of High Ridge Road. City Manager Cheney said', "Of the current High Ridge Road, over behind Rollyson's place." Councilman deLong stated it would be south of Rollyson~s. He informed City Manager Cheney that it was adjacent to 1-95, and he could see it. NEW BUSINESS None. ADMINISTRATIVE Consider AppOintments ~to CommUnity Relations Board ..... T~2BLED Mayor Trauger asked if they should leave it on the table. He said they had some appointments but thought they might as well leave it on the table. Mayor Trauger changed his mind and said they better get it off the table to get that Board functioning. Councilman deLong moved to take the item from the table, seconded by Councilmember Woolley. Mo~ion carried 5~0. Councilman deLong moved that the nominations be opened, seconded by Councilman Wright. Motion carried 5-0. - 59 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA May 4, 1982 Mayor Trauger nominated Carnell C. Johnson to the Board. He said Mr. Johnson has been quite active in the City of Boynton Beach and, from his background, Mayor Trauger believed Mr. Johnson would be an excellent member for the Board. He had a resume if any of the Members of the-Council were interested. Councilman Wright asked if he was the same Mr. JOhnson that was representing the City on the Community Action Board. Mayor Trauger replied, "Yes." Vice Mayor Warnke nominated Mr. A1 Bruder. Councilman Wright pointed out that was another person from the north area. He did not know if they wanted to ha~e that many people who are on three or four different committees. Mayor Trauge~ advised that Mr. Johnson.was not serving on any official city boards. Council- man Wright remarked, "No, not on any official city boards." Councilman deLong could not understand the question. Councilman Wright informed the Council that Mr, Johnson is representing the City of Boynton Beach on the County's Community Action Board. City Manager Cheney brought out that he was on the Black Awareness too. Mayor Trauger pointed out that Mr. JOhnson did a good job on that. Councilman Wright agreed, but he just did not know how much the Council wanted to work these people ove~. Mayor Trauger told the Council that Mr. Johnson said he was interested. Councilman Wright reminded the Council that at the last meeting they indicated they wanted people from different districts. Councilman deLong thought Mr. Johnson would probably get off the other board. Mayor Trauger ~sked, "kren~t we gett±ng different districts now?" Councilmember Woolley answered, "We had each district represented." Councilman Wright pointed out that two people that resigned came from the district in the south Boynton area. He told them to do whatever they want tlo do. Councilman Wright thought the time to do that would have been next year. That was what he said from the very beginning. Councilman Wright said they had to get all of their districts represented. Councilman deLong believed the time to be guided by appointing people from the districts would be the time when you have men or women serving on the Council who represent the districts, and then it would be a good idea to let the~ come in with their recommendations from their district. He asked where Carnell Johnson was from. Councilman Wright informed the Council that Mr. Carnell C. Johnson lives in the north area. Councilman deLong asked if that was Councilman Wright's district, Council- man Wright answered that Mr. Johnson is in District 5. Council- man deLong did not believe they had anyone representing District 5. Councilmember Woolley said there was one person representing District 5. Mayor Trauger said theyhad Captain Donald McKone, but he would be leaving. Councilmember Woolley then mentioned Philip Berkowitz. Councilman deLong meant they had no one on the Council from District 5. Councilman Wright commented, "Not yet." - 60- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA May 4, 1982 Councilman deLong said the way this is going to wind up, after you get your five districts set up with a representative from each district, then he would make a recommendation. Mayor Trauger said he had two nominations. Councilman deLong did not have any nominations, and moved to close the nominations. Councilman Wrigh%~wished to nominate someone who had asked to be considered. Mayor Trauger and Councilmember Woolley felt she would be better on the Recreation Board. Mayor Trauger pointed out that there was only room for two appoin ~%ments at this time, as Capt. McKone had not resigned. Council. Members felt Council~ man Wright should hold his nomination in abeyance. Vice Mayor Warnke.moved, seconded by Councilman Wright that the nominations be closed. Motion <carried 5-0. A vote was taken on the nomination of Ca,nell C. Johnson. Motion carried 5~0. Mayor Trauger announced that ~.~ Johnson is now appointed. A vote was taken on the nomination of A1 Bruder. carried 5-0, and Mr. Bruder was appointed. The motion Mayor Trauger requested Betty Boroni, Deputy City Clerk, to notify Mr. Johnson and Mr, Bruder of their appoin~ents. He said they shoUld also have a resignation from Capt. Donald McKone this week, so they could have it for the next Council meeting. Approve Agreement for Water Service Outside the City Limi'ts sub- mitted by Alan Ciklin for Gulf Oil Company, located at the NW corner of Knuth Road and SR 804 City Manager Cheney recommended it be approved. Councilman deLong moved, seconded by 'Councilmember Woolley, to approve the Agreement. Motion carried 5-0. Request Approval to Tran'sfer Ownership of Cemetery Lots 51 and 52, Block F Councilman deLong moved to approve the request to transfer owner- ship of the above lots to Gus and Willie Hart, 137 $. E. 6th Ave,, Boynton Beach, Florida 33435 for a transfer fee of $20.00. The motion was seconded by Councilmember Woolley and carried 5-0. Request for Refund on Cemetery Lot 132A, Block N Councilman deLong moved, seconded by Councilmember Woolley, to refund the purchase price on the above lot, less 20%. Motion carried 5-0. - 61 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4 , 1982 Request for Zoning Approval for Alcholic Beverage License Naples Restaurant & Pizzeria 1600 N. Federal Hwy. Boynton Beach, Fla. Mirisola's 604 N. Federal Hwy, Boynton Beach, Fla. Councilman deLong moved to approve both requests, seconded by Councilmember Woolley. Motion carried 5-0. Approval of Bills City Manager Cheney read the bills for approval (See list attached hereto and made a part hereof~, Councilman deLong moved that the bills, having been found to be in order, be paid and placed on file. The motion was seconded by Councilmember Woolley and carried 5-0. Transfer of Cemetery Lots.- Requested~ by City Manaqe~ C'hen~ey Councilman deLong moved to transfer Lots 141 and 142, Block C, Boynton Beach Memorial Park, Addition #1, to Roy T. and Rosemary Penn, 2825 S. W. 5th Street, Boynton Beach for a selling price of $400.00, with the transfer fee of $20.00 to be paid by Herbert So Dolsey. Councilmember 'Woolley seconded the motion. Motion carried 5-0. OTHER None· ADJOURNMENT There being no further business to come before the meeting, the meeting was proPerly adjourned at 11:15 P. M. CITY OF BOYNTON BEACH, FLORIDA - 62 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 4, 1982 Vice Mayor ATTEST: '~ ~{y Clerk Counc i lman - 63 - TO: APPENDAGE TO CITY COUNCIL MIN. of $/4/82 - pag~ 47 Para 4 M'E M O R A'N D U M Mr. Peter L. Cheney City Manager April 27, 1982 Comments on the Propo%ed Agreement with Envirotech. for Waste Treatment~,p..lant Opem~tion In Section' "H" on page 5, lines 10 & 11: contains the state- ment "abnormal or biologically toXic substances". This should be so stated that Envirotech agrees that the current use of a ferrous salt (Odophos by trade name)~ is not included in the "abnormal or toxic" definition. In Section "M", line 15: screenings are not now disposed of at the plant site. This should be corrected~ In Section "Q": I believe that "their right to provide review comments and technical assistance" is not within their domain~ as each city maintains their oval. collection system and has their own engineers to make necessary comments. Under Article 7: All three meters should be under the control of the Board as the effluent meter provides a check against each of the two cities' meters and against the contractor's operation. Under Article 10 - "Future Construction" - paragraph 3: In my opinion, gives them cart~ blanc to interfere with possi- ble construction schedules in the future, and to claim added costs of operation. Paragraph "P": One of the main reasons that we are looking into outside operation is to ~educe odors and therefore, com- plaints from the sub-division immediately west of the Region- al Plant. The last sentence on page 7, has pne "key" state- ment in it namely: "In excess of natural background odors which exist at a sewerage treatment plant". It is a known and well recognized fact that there is a charac- teristic "earthy-woodsy-musty" odor in the immediate vicinity of any well run domestic treatment plant. By contract, we are stating that this does exist and will continue to exist. Page 1 of 2 Pages To: Mr. Peter L. Cheney, City Mgr. Re: Envirotech Agreement April 27, 1982 At-this point, the Board has,taken steps to have grit and screens removed from the site ~ather than burying them in the area. The Board has also let a contract for lime stabilization 6f the sludge. In this contract~ ~here are provisions for drawing the air off of this process and scr'~bbing it. With these steps that ~ave been taken~ it is my opinion, that you will have reduced the odor~ _down to the minimum, excluding the "natural background odors". I have been at this plant at various times and know that this "natural background odor" does occur.and it is my opinion, that many of the complaints are based upo~ smelling this "natural background odOr'~o The only way that th~se odors can be containe~ is by enclosing the aeration basins and scrubbing that air removed from the con~ tained area. This would cost~ according to engineers~ in excess of $500~00'0o00. The whole thrust of the above comments about Paragraph "p" is - 1o It is double talk insofar as solving the odor problem. 2. It gives the subdivision-complainants false hope. It is an open door for the "operator" to blame the Board and the two cities. tf im~lemented, an ultimate lawsuit by the subdivision would result in the operator being involved along with the Board and the two cities. Xf this contract is to go through, this whole section must be rewritten and reference to sulphide levels should be changed to hydrogen sulphide levels and the test for it should be based.. upon the ~achmethod because the test in standard methods determine all su!phides: whereas, the Hach method determines only those which can come off and cause odor problems. apt Perry A. C~ssna.. Director of Utilities Page 2 of 2 Pages ARTHU~:~' E. BARROW MANLE¥ P. CALDWELL, JR. KENNETH W. EDWARDS NAD~5ON F. PACETTI ROBERT C. SALISBURY JAMES W. VANCE JANES R. WOLF LAW OFFICES CALDWELL, PACETTI, ]~ARRO~N ~: SALISBURY ROYAL PARK B'IJILDING 324- RoYaL PaLM WAY P. O. BOX 2775 PA:L~ B;gJkC~, F~O~D* TK'L£PHON E-[305) 655'0620 3-page APPENDAGE to C/Counc Min 5/4/.82 page 47 Para 5 MANLEY p. CALDWELL {190 I- 197t) PLEASE REPLY TO P. O. BOX 2775 BEACHj FL. 334.80-2775 PALN April 27, 1982 City Manager City of Boynton Beach 120 N.E. Second Ave. Boynton Beach, Florida ~3435 Re: Proposed Agreement for Operation and Maintenance of South Central.Regional Wastewater Treatment and Disposal Facility Dear Sir- Pursuant to your request, I have'reviewed a draft of the proposed agreement regarding the above, and would submit .::the following comments: ~.~ The general purpose of the agreement appears to be to relieve the Board of the responsibility of operating the sewage disposal facility located in the City of Delray. However, the agreement does not accomplish this purpose° On Page 5, second paragraph, the contract provides that the contractor shall not be responsible to meet NPDES permit conditions at times when plant influent exceeds design loadings as set forth below or contains abnormal or biologically toxic substances in such quantities that it cannot be treated or removed in the BOARD's 'treatment plant using the existing process and facilities; this i~L~n-~lmost open ended provision in that it permits the contractor to avoid responsibility in two ways: A) The influent exceeds the design loadings or contains abnormal or biologically toxic substances undefined or~ B) If there is an allegation by the contractor that the "Board's treatment plant" using the existing process and facilities is inadequate. Page 7, paragraph P, provides that the contractor will establish and maintain an odor abatement program. However, it exempts "natural background odors"which exists at a sewage treatment plant. Such natural background odors can be substantial~and can result in.neighborhood objections and related problems. Page Two In addition, the second paragraph of Paragraph P on Page 8 is' almost an invitation for 'the contractor to point the' finger at the two cities as being the cause~of any o~o~ problems arising at the plant~ The third unnumbered'~aragraph of Paragraph P on Page 8, exempts the contractor from any fines~ civil penalties or 'other dam~ges~and claims, or damages associated with odor problems and ~abatement, and the Board agrees to indemnify- the contractor for said~liability, etc. In addition, it bestows upon the Board, a somewhat questionable honor of defending any litigation-brought in connection with these matters. A. This is so broad a limitation on*the-liability of the contractor as to remove incentive for the contractor to perform properly under contract and~ B. tn view of the case law relating this type of action, most of the cost resulting from litigation will in all probability be the cost of defending claims rather than any judgement actually awarded° ~Paragraph 7~ Page 12~ limits contractorm liability for NPDES or other violations or fines by other regulatory agents to a total of five hundred thousand ($500~000) dollars during the term of the agreement and a maximum of three hundred thousand ($300,000) dollars during any one (1) year, and again limits the contractors liability by excluding influent loadings exceeding certain specified maximums and biologically toxic or other abnormal pollutants (I would note that abnormal is a rather broad word) and provides for an indemnification of the contractor. On Page 10, Article V, Hold Harmless Agreement. The Hold Harmless Agreement is so broad, when read in connection with the indemnification paragraph, almost worthless, except in relation to direct negligence,by the contractor, and again requires the Board to defend actions not resulting from direct negligence from the contractor~ However, the real problem with the various provisions of the contract that provide that the Board ~hall hold the contractor harmless in relation to various types of claim, resulting from what would appear to be a contractual waiver of the limitations contained in Florida Statutes 768°28° This statute waives sovereign immunity but limits the liability of the municipality to one hundred thousand ($100,000) dollars for one individual or two hundred thousand ($200,000) dollars for the same occurrence~ Under the provisions of the propOsed contract, ~merein the Board would hold the contractor harmless without any limitations~ the two municipalities involved, Delray and CALDW. ELL, PACF. TrI, BARROW & SALISBURY Page Three Boynton Beach, would appear to be opening themselvem to unlimited liability in connection with the proposed Contract, and I would strongl~iadvise against such a course of action. If I can furnish any additional information, please not hesitat~to Contact me. Sincerely, Ja~s W o Vance, Esq. JWV/sl · CALD';ELL;-PACETTI, ]~ARRO~- & SAL!$BURY 4-page APPENDAGE to C/COUNCIL Min of 5/4/82 -page 47 Para 6 TO: FROM: SUBJECT: MEMORANDUM May 3, 1982 Honorable,~ayor & City Council Peter L. Cheney, City Manager Envirotech Agreement ~or Operation of Regional Wastewater Treatment Plant SUMMARY OF ISSUES: From the beginning of the operation of the Wastewater Plant, by mutual agreement, the City of Delray has operated the Plant. Some months ago the Board of Directors (the two City Councils) approved a number or. operational alternatives, i.eo, Either the City of Boynton Beach or the City of Delray Beach operate the plant~ ~. 0 The Board operate the Plant through its own Director and staff, 3. A private firm operate the Plant. Since these operational alternatives were established, the Board has first proceeded with investigating a private operational alternative; has interviewed firms; and has .attempted to develop a contract for private_ operation for Board approva.1. That proposed contract has been reviewed by the City Attorney, the Utility Director and myself and the reviews constitute this report and recommendation to the Boynton Beach Mayor & City Council. SUMMARY OF BOYNTON BEACH STAFF RECOMMENDATIONS TO MAYOR AND CITY COUNCIL: The Boynton Beach City staff does not presently support the proposal that the Regional Wastewater Board contract with Envirotech, or with any other engineering firm, for the purpose of operating the Wastewater Treatment Plant. f ~he Bot~ton_~Beach City staff does recommend that the Board hmr>!ov an Administrative Director with~ technical experience knowledge and certification as a Plant Operator, a Director who also has administrative experience. With this Administrative Director, it is recommended that the Board directly carry out · its responsibilities and ~perate the Plant through the Director. All employees would' then become employees of the Board and any City could contract for support services as appropriate. The Board should, f~ addition, contract with a private operating, consul_ting-.firm to advise the Board and the staff on a quarterly basis, to be responsibile for a quarterly operation audit, to assist in special quarterly 'staff training, to advise the Administrative Director on in service training programs, and based on the firm's broad experience, provide routine reports to the Board and staff on developing operating techniques and procedures. BAS tS FOR RECOMMENDAT IONS After thorough study of the proposed contract, it is concluded that the staff concerns with private operation have not, and probably can not, be overcome by any agreement for contractual plant operations. · The staff concerns are centered around City Council's responsibility · for all citizens of the City and citizens of the area, as well as specific concerns for the Plant neighborhood~ These concerns include overall costs to the citizens and general City liability as well as specific operating concerns such as odor. Costs and liability can be controlled best by Board operation with the Board being directly responsible. Responsibility for odor control can be most directly addressed if the Board operates the Plant° Bringing in another party will only add confusion and "finger-pointingTM if problems (either odor or other) continue. SPECIFIC CONCERNS: Odor -.Proper operation of the Plant by the Board can control the odor matter as well, and probably better, than private operation. The Board and the two Cities have been taking steps to respond to past odor problems, and the best next step is to centralize the operating responsibilities within the Board framework and eliminate the current diffused responsibility for operating that has resulted from one of the two parties running the operation. Private operation Will not produce a new technical answer. The right technical solution is not proprietary. The right technical answer depends on the professional competence and the Board can obtain this through its own Administrative Director, as has been the .case in many plants in other communities. .Liability - As the city Attorney' s report ind'icates, t~e private operational proposal contracts away an existing limitation on the liability of each City2i~ In carrying out responsibilities for all of the citizens of the City, it does not appear reasonable to s~bject th-e..city to an unlimited liability when the State Legislature' has placed a limit. Cost - The contract'includes many protections for the private operator in regard to costs by addressing many areas where compen- sation to the contractor is open for ~ncreases. The Board and the two Cities can, by Board operation~ eliminate the current Administrative fee being paid to Delray Beach and prevent the paying of a similar or greater profit to the private operator. The proposed cost escalation .formulas in the proposed contract are too broad and will result in excessive cost increases. Technical Matters - If the two C~ties and the Board are inclined to further consider the proposed contract, there are a number of technical changes, briefly mentioned in Perry Cessna's memorandum, that must 'be further addressed. CONCLUSION: There is no magic in private operationo Technical competence is · required and there is absolutely no reason that the Board can not provide for this. The ten locally elected City officials have both the ability and the responsibility to directly solve these matters with an eye to cost Control, liability protection, best technical operation, continued operational coordination with needs of Plant expansionv and control odor. Private operation will not relieve the two City-Councils of their responsibility, but it will add confusion, cost increases, a potential of court activities to settle disagreements, and it will reduce the ability of the Board to directly react to, or resolve operating problems as the two City Councils attempt to carry out their responsibilities o A study of the contract and a review of the memorandums from Perry Cessna and Jim Vance, clearly point out that private operation is not the solution for the Board to follow. The contractor operator could not reasonably be expected to accept total responsibility --4--' with l~nited financial return. The involvement of a contract operator ~ can only lead to diffuse the citizens' attempts to pinpoint responsibility. Direct accountability should not be contracted away by the Board. Citizen groups, including the neighbors adjacent to the Pla~t, should realize that they-will always be better off if the Board is in a pos. ition to resolve a problem with its own staff and not through a negotiated, contractua 1 a rrangemen~~.. ~et~-r L. C'heney City Manager PLC:sr cc: Jim Vance Perry Cessna Central File AGENDA May 4, 1982 3-page APPENDAGE to C/Cb~cil Min of 5/4/82, p. 62 ADMINISTRATION Approval of Bills: Barker Uniforms, Inc. Uniforms for Police Dept. Pay from General Fund---001-211-521-30-97 Board of County Commissioners County Landfill for month of March, 1982 Pay from General Fund---001-341-534-40-9A Davis Water & Waste Industries Odophos Liquid for Sewage Pumping Pay from Water & Sewer Rev.---401-352-535-30-65 Economics Research Associates For Professional Services rendered in updating ERA's 1980 Municipal Golf Course Pre-feasibility Study for City of Boynton Beach Pay from General Fund---001-000-115-96-00 Johnson-Davis, Inc. Sanitary Sewer Repair -- 4 locations Pay from Water & Sewer Rev..---401-351-535-40-3F Koblar Construct~.s. & Engineers Est. ~3 1 MG Water Tank & Booster Station Pay from Utility General Fund---403-000-169-01-00 e H. F. Mason Equipment Corp. Repair & labor to Sanitation Truck ~7 Pay from General FUnd---001-34~-534-40-33 Metric Enqineerinq Inc. Invoice ~7 N.E. 10th. Ave. Project -- Funds reimbursable P.B.Co. Pay from General Fund---'001-000-115-87-00 Miracle Recreation Equipment Co. ! Model ~172-550 Tot Town for Wilson park Project Pay from Federal Revenue Sharing---320-000-247-06-00 $ 2,338.90 19,845 . 00 6,210.00 3,250.00 11,633.54 75,627.84 1,105r76 1,512.90 1,119.27 10. 11. 12. 13. 14. 15. 16. -2- Ranger Construction Industries !nc. Hot Mix Type II & Cold Mix for Streets Dept. & Water Distribution Check typed in advance so as to take advantage of $82.60 discount if paid in 30 days. Pay from General Fund---001-411-541-30-4A---1686.73 Pay from Water & Sew.---401-333-533-60-5A--- 26.60 Wilson Insurance Agency For Malpractice Insurance Pay from General Fund---001-221-522-40-46 Woodruff & Sons, Inc.Est. ~2 City of Boynton Bch. Santaluces High School For period 3/15/82 to 4/17/82 Pay Util. Gen. Fund---215,683.53---403-000-169-01-00 ........ ---114,461.16---403-000-169-11-00 Lassiter Construction Co. Retainage Fee for Wilson Pool Pay from General Fund---001-000-115-87-00 Reimbursable from Community Development Agreement Isiah Andrews Driver for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Ordinance ~73-15, passed 5/15,/73 Willie Ruth McGrady Server for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 Publix Meals for needy & infirmed for, March, 1982 Pay from Federal Revenue Sharing---320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 $ 1,713.33 2,772.00 330,144.69 20,246.40 140.40 134.40 40.59 -3- The bills described have been approved and verified by the depart- ment heads involved; checked and approved for payment by the Finance Department. Grady W. Sw~n, Finance Di~tor I therefore recommend Rayment of these bills. ~ter -L. Cheney,f i y~ Manager