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Minutes 01-19-79MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, FP~IDAY~ JANUARY 19, 1979 AT 7:00 PRESENT Edward F. Harmening, Mayor Betty Riscoe, Vice Mayor Ron Johnson, Councilman David Roberts, Councilman Norman F. Strnad, Councilman Annette P. Tinker, Acting City Manager Tereesa Padgett, City Clerk James W. Vance, City Attorney Mayor Harmening welcomed everyone and called the meeting to order at 7:00 P. M. He announced it was a Special Meeting in accordance with Section 56 of the City Charter. RECOMMENDATION OF DIRECTOR OF UTILITIES Mr. Cessna referred to giving a copy of a map to each Council member and explained how this gave an overview of the whole sit- uation in the City of the existing lines and those which must be built. He added that each section noted is one mile and the approximate cost is ~200,000 per mile for pipe. He then pointed out the locations of the pumping stations under construction. Recommendations on the 201 Facilities Plan Mr. Cessna referred to his memo of January 16 covering this and explained that the 201 Plan outlines what is expected to be done as a supplier of the waste treatment facilities for the area we are responsible for. The final 201 TA~ meeting has been held and acceptance of the plan has been recommended. After the public hearing, a reqolution must be passed agreeing to this and Russell $ Axon will furnish the appropriate form to meet EPA requirements~ When approved by EPA, then we can apply for the funding needed for the rest of the stations. We do have two stations, one on Lawrence Road near Miner Road and one on Golf Road near Quail Ridge~ which have been approved under the Phase II Grant. There are three other lines which must go through design and approval by DER and EPA, one to serve Briney Breezes, one in the Sand Castle area, and a gravity line alon~ State Route 204 by Congress Avenue. Mayor Harmening questioned the cost of the proposed pump stations in Phase II and the timing and Mr. Cessna requested the engineers to reply. Mr. Milton Hallman, Vice President with Russell $ Axon, came before the Council. The force main and pumping station on Golf Road, System 316, to pump sewage is now under construction to link to the regional plant and the cost is $7387300 The plans and specifications for this particular pumping station have b~en prepared and approved. System 317, the interceptor sewer along State Road 804~ will cost $I41,700 and the plans and specifications have not been prepared. System 319, the pumping station and force main on Lawrence R~ad, wilt cost $1~136,400~ the plans and speci- fications have been completed, submitted and approved by EPA~ System 18A, Briney Breezes, will cost $30~000 and he explained this is mainly an i~ tallation of new pumps. The Sand Cast~ MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 19~ 1979 Station to phase out Bristol Springs will cost $365~000. The total is $2,411,400 for estimated construction cost. Three plans and specifications have been eompleted and the other two would have to apply for a Step II G~an~ or the City aah proceed on its own which would move them approximately one year ahead. He ex- plained the steps to apply for a grant. Mayor Harmening referred to the time period and Mr. Hallman re- plied that the sites must be purchased before making applica- tion to EPA. He explained that 60 days for purchase should pro- bably be allowed, and 60 to 90 days for processing the app!iea- tion by DER and EPA. It would be approxin%ately 150 days before actually receiving the Step IIX Grant if someone else has not received these excess funds. After starting construction, it will be about 365 days or one year before delivering sewage to the regional ~cility. The best figures would be 1~ years. How- ever~ none Of these things can be done until the 201 Facilities Plan is complete, public hearing held and resolution passed. The 201 Facilities Plan must be accepted and approved first. After the public hearing, it takes about three weeks qo a month to get all the information to EPA. Mayor Harmening clarified that no action is needed at this time and Mr. Hallman agreed and advised they were just informing the Council. Mr. Cessna added that the City's s~are of the figures mentioned is 25%. Diseussion on S. W. 3rd Street in High Point Mr. Cessna referred to his memo dated January 4 Outlining this situation and stated he would like some direction how we should finish this contract. If we spend approximately $1,500, we could give a thin coat to l~vel out the west side of the street and pave the east side to where it turns to go west to 1-95. Mayor Harmening replied that this road looks so bad, he believes this is a poor suggestion. Mr. Cessna clarified that it'was not the contraetor nor the Htility Department respan$ible for this. Mr. Roberts questioned who is responsible for the replacement and repaying and Mr. Cessna replied that it is the eontractor~ but it was done by City forces without the contraetor~s knowledge. Mr. Strnad asked who authorized this particular job to be done and Mr. Cessna repti-~d that according to his information, City forces were told to pave the street by the City Manager as he was not aware of the construction going on in that area. Mr. Strnad referred to us being responsible for this now and if it goes to pot, we will have to fixeit. Mr. Cessna informed him that we do have money to go down half the street and remove the paving done by the City forees. Mr. Strnad asked if it would be much work to take it off and Mayor Harmening replied that he thinks we should take it up and let the contractor do it. He thinks we should discuss the quality of the work and responsibility at a later date and set the policy that the paving put down be taken up and be redone proper~y. -2- MINUTES- SPECIAL CITY C0UN~IL MEETING BOYNTON BEACH~ FLORIDA JANIIARY 19~ 1979 Mayor Ha~mening asked if any of the Council members had seen this street and Mr. Johnson replied affirmatively. Mr. Johnson elarifi~d that the work was done by our Street Depart- ment and not the oontraetor and Mr~ Cessna agreed and explained that the sub-contractor put a thin! coat on while they were finish- ing the water line until testing. After it was tested, they planned to cut the middle of the street and repave and do a proper job. He told about the City forces paving it without nobodys~ knowledge and advised that the City Manager gave the authorization not being aware of the construetionwork. Mr. Roberts asked if h~s recommendation was to fix it and Mr. Cessna replied that the City should cut it out and the job be done under oontract like it was supposed to have been. Mrs. Riscoe stated we should follow this recommendation and the Mayor's suggestion to go back to what the oontraot stated and start f~om soratch and the members agreed. Discuss Present Practices in the Billing Dept. Mr. Cessna referred to submitting his memo dated January 17 cover- ing this and stated this just came to his attention because he has nothing to do with this department. It is the oD/fy place he has ever worked and not had some supervision over that department~ He thinks a policy should be set on it. Mayor Harmening clarified that his suggestion was to draw a new 'ordinance regarding deposits and Mr. Cessna agreed and added that he thinks the Council was w~ong in dropping the sewer deposit a long time ago. The deposit for water and sewer should be credited to those accounts and not garbage and trash pickup. Mayor Harmening referred to one turnoff and asked if he thought doubling the deposit was adequate and Mr. Cessna replied thc% he thinks it should be increased to cover two months b{ll; byt~he time it is shut off~ almost two months is owed. Mr. Vanee added that about 1~ years ago, they ran into this problem in the Utility Authority and reached the eonclusion that two mo~hs bill was suf- ficient. It has cut losses quite considerably. Mayor Harmening referred to going slightly higher and Mr. Roberts referred to the figures of $~0 and $60 recommended by Mike Munro. Some discussion followed and Mayor Harmening clarified that once it is shut off~ the person should be required to make a double deposit before it is turned on again. Further discussion followed about the amount to be charged and Mayor~aHarmening suggested that a standard amount be set. Mr. Vance agreed this would work much better and explained that it would be convenien~ fo~ bookkeeping. Mr. Roberts asked if refunds were given on the deposits to people who move and Mr. Cessna replied affirmatively. -3- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 19, 1979 Mr. Roberts made a motion to go along with the recommendation as presented with $30 and $60, seconded by Mrs. Riscoe. Mayor Harmening stated that it has been m~ved and seconded for the City Attorney to be instructed to draft the appropriate ordinance to change the utility deposit. Motion carried 5-0. Mr. Cessna then referred to delinquent accounts and stated that it was his understanding a lien can be placed against the property and some of the bills go ±nto thousands of dollars. He suggested last year that the City Attorney file liens and he believes this should be looked into whether the amount is still owed and be collected or taken off the books. Discuss Water Softening at the Water Treatment Plant Mr. Cessna referred to submitting a recommendation in his ~emo dated January 2 and stated we are at the point now of being able to start testing on the iron coagulation, which was the previous Council's directive, as soon as clearing the lime coagulation. While on this test, we must prove to DER that the new me~hod is adequate. However, if we go with iroR coagulation~ we will lose the service of three wells. The cost of lime coagulation versus iron coagulation is about 2%¢ per thousand gallons. Mr. Johnson referred to the system of iron coagulation and asked if there was actual proof that there is carcinogenic material used in this system and Mr. Cessna replied that whole thing has become a big bag of worms and he does not think any top expert could really tell. He has talked to people in DER and EPA about this and has gotten all kinds of figures. In lime coagulation, we do not have to chlorinate before putting in chemical~, but in iron coagulation~ we do. Mr. Strnad explained how the plant was built for each method~ but stated it was primarily built for the lime treatment process and to go to iron coagulation would be a big mistake. He referred to people noting a change in water to the ~etter and stated he thinks the benefits derived from lime treatment will far outweightany fears anyone would have causing cardiovascular disease or related problems. Mr. Strnad moved to continue with the lime treatment~ seconded by Mr. Roberts. Under discussion, Mr. Roberts referred to there being a question of the benefits from lime treatment and stated he is convinced there is no danger in this treatment compared to iron coagulation. He would like to know how the cost compares and how the lime will be disposed of. Mr. Cessna informed him that it will cost about 2~ more per thousand gallon,~. He then explained how the disposal of lime would be less of a problem than iron. Mr. Johnson added that in the ~¢ per thousand gallon extra cost would save money in the home use with having to use less soa~ with the -4- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JANUARY 19, 1979 wash and will sage on the water pipes. Mr. Cessna agreed and added that it would also benefit the maintenance of the system and explained that ironis deposited which cuts down the dia- meter of the pipe and must be replaced, Mr, Roberts added that he also noticed the difference with lime treated water and told abouta neighbor getting a favorable result when ana~alysis was performed. Motion carried 5-0. Discuss Building of t6-Inch Water Transmission Main on S.E. 23rd Ave. Mr. Cessna pointed out the location on the map and advised that the main transmission line mUst be run in this area. He referred to the developments approved inthe area of 23rd Avenue and Con- ~ress Avenue and stated this water line is needed. The money for this water line was included in the last bond issue sold at the end of the year. Pipe deliveries are long. The time for getting materials does intend to get long. He would like the Council to direct the City Manager to get authorization from Russell L Axon to get information for bids and go out for bids. Mr. Roberts questioned the present size of the water lines there now and Mr. Cessna replied there are no water lines along Congress Avenue except the small ones in Leisureville. A major transmission line must be installed in that area. Mayor Harmening stated he believed the proper action is for the Council to authorize the Consulting Engineers to prepare plans and speeifieations for this transmission line and go out for bids. Mrs. Riscoe so moved~ seconded by Mr, Johnson. No discussion. Motion carried 5-0. Discuss Storage Facilities for 7507000 MGD Elevation Storage on Congressaand WOolbright Road Mr. Cessna stated on the master plan which is drawn, we included a major elevated storage tank at Woolbright Road and Congress Avenue. This will have to come because there will be water coming from the west and east. We are short on storage. ~We have a limited amount of storage capacity. He suggested we use the credit we have with Russell $ Axon to effect a study of the cost of ground storage versus elevated storage would be. Kirsner-Cogen has donated the land for the site. He would like ~ssell L Axon to be authorized to, do this and deduct from the credit we have. Mayor Harmening added that aesthetics should also be eonsidered. An elevated storage tank is about 150 feet in the air to the top versus ground storage~ something approximately22 feet tall on the ground or completely underground. As far as aesthetics, he thinks that is a decision which should come from the Council primarily rather than the Consulting Engineers. Leisureville is across the ~treet from this loeationas well as developments planned to the west and south. Mrs. Riscoe added that the higher ones will also -5- MINUTES - SPECIAL CiTY COHNCIL MEETING BOYNTON BEACH~ FLORIDA J~2f~IARY 19~ 1979 create more expense bees.use of eventual maintenance. Mayor Harmening agreed and stated there are very definite advantages to elevated storage though and one is that you have more operat- ing eost with a ground storage tank. Mr. Strnad asked if our water pressure would be increased sub- stantially ~with the pumping method rather than the gravity method and Mr. Cessna replied that we are in good shape. He explained that repumping was necessaryand the cost must be considered. A report from the engineers must be submitted to make a decision. Mayor Harmening stated there is one slight additional advantage to a ground storage tank and that is the pressure tends to be more constant thanwith an elevated tank. Mr. Johnson asked if there would be any problem with rust factors with an under, round stor- age tank and Mayor Harmening replied negatively, because it will be concrete. Mr. Vance questioned the cost for the study and Mr. Cessna re- plied it~would be around $27500. Mr. Strnad referred to ground level and underground storage and ~ro Cessna explained that partly under, round ~ould be about 22 jet high~it could be totally underground, or elevated in the air. Russell g~Axon would give a picture of the various things. Mr. Roberts moved to authorize Russell $ Axon to go ahead with the study~as outlined for the construction of this water tank~ seebnded by Mr. Johnson. Mayor Harmening clarified that it was moved and seconded for Russell g Axon to prepare a study on the merits of elevated versus ground ste~age tank and the cost not to exceed $2~500 which is to be applied towards the City's cre- dit. No discussion. Motion carried 5-0. Explore Locations for Well Fields Somewhere West of Military Trail C Mr. Cessna referred to being in a tremendous growth period and stated if i~ continues, we are going to have to know what to do to have mope water. We have a 16 MGD plant, but time can slip away. The time it takes to drill wells, find out what kind of water is available~ get sites~ eta. takes a long period of time. After that~ the plant must be designed and constructed. This all takes approximately three to fomr years and if it is delayed and the growth continues, we might be at a point where we will have to tell developers we cannot give any more water. We must make moves on this within the next six months, so a year from this summer~ we will have the report back on the well quality, quantity, location,~ etc. Plans should be drawn and ready to go out for bid. We must keep ahead of it in order to avoid getting into a bind. -6- MINUTES - SPECIAL CITY COUNCIL MEETING JANUARY 19, 1979 BOYNTON BEACH, FLORIDA Mr. Roberts asked if the City owned any land out west and Mr. Cessna replied that they did not to hi~ knowledge. Mayor Hammening asked if he recommended moving on this at this time or waiting another six months and see what the economy is and Mr. Cessna suggested waiting until about the first of July and making a decision on Mr. Vance asked if the USGS is doing anything in our vicinity and Mr. Cessna explained that we did have some plans for USGS and funded in our budget, but they never had the money and it was taken out of the budget. Mr. Hallman added that USGS is doing a program in the western portion of the eounty, but they do not have the funds nor capabilities ~o provide for such a project. If you fit into the sohedule when funds are available, then an application can be made for a grant. We had money avail- able for three years, but they could not get funds. Before entering a program, they contact USGS for their assistance. Mayor Harmening stated if it is the Counoil~s pleasure, we ean direct Russell & Axon to bring this back at a later time, six to eight months, and review the picture in light of the econo- mia conditions at that time. Mr. Roberts so moved, seconded by Mr. Johnson. Mayor Harmening clarified that it had been moved and seconded to instruet the consulting engineers to bring this back in a timely fashion~ perhaps six to eight months. No dis- cussion. Motion carried 5-0. Consider Two Sites for Pumping Stations: Gol~ Rd. & Lawrence Rd. Mr. Cessna informed the Council that these two sites for pumping stations will be needed before going in for a Step III Grant as soon as the 201 Plan is approved. We must have them in hand. Beoause of delays the last time~ we almost lost our grant. Mayor Harmening added that a certificate of ownership must be furnished now. Me suggests the proper procedure might be to direct the oonsulting engineers to inform us in a timely lashing upon appro- val of the 201 Facilities Plan to prooeed as soon as possible at our pleasure to purchase the reeommended sites. Mr. Roberts referred to the sites and Mr. Cessna informed him that we must look at the sites and get the land we need. Mr. Hallman added that these particular parts of the 20! Paeilities Plan have been submitted to EPA and approved. We must have actual ownership of these two sites to apply for Step III Grant funds. He would like to see the City instruct the City Manager to hire an appraiser to get an appraisal on the land to proceed with EPA mules and regulations. Me explained how it was time eonsuming. We should be in position as soon as the 201 Plan is approved, so we can immediately proceed with the Step III application. -7- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, PLOPiDA JANUARY 19, 1979 Mr. Roberts moved to authorize the City Manager to get some appraisals and bring back some figures. He added that he hopes she knows where these places are located and Mrs. Tinker replied that~she will findout frOm Mr. Cessna. Mms. Riscoe seconded the motion. Mayor Harmening elarified that it had been moved and seconded to direct the City Manager in conjunction with the Utilities Director to hire appraisers and submit prices of the sites for the two pumping stat-ions. No discussion. Motion car- ~ied 5-0. Discuss Private Utilities in Boynton Beach Serviee Are~ M~. Cessna referred to submitting a memo regarding private utili- ties in the Boynton Beaeh serviee area and stated 'there are people wanting to connect to our system and they want to pay one connection charge and one meter connection charge. Our ordinances are not too ~lear and should be definitive. This is also con- tmolled by the bond resolution. He suggestsdthat the City Attorney review our present ordinanees and bond resolution and even possi- bly even get with him and discuss the problems in our service area. Mr. Johnson requested an opinion from the consulting engineers and Mr. Hallman stated that when this area was assigned to us by the Area Planning Board~ we agreed to provide utility service to the best of our ability. He referred to developers building in the outlying area wanting to put up their own plant and stated this should be discouraged. The Area Plannin~ Board discourages it when an applieation is presented to them. The addition of small wastewater treatment plan, s in our service area should be discouraged° A policy should be set up with the people partici- pating in a capital improvement program and the lines extended to them with providing adequate water and discharge for waste- water. Most of the developers do not like to be in the utility business~ but are forced into it because of the lack of facili- ties. He has talked to developers and most have shown a willing- ness to connect. Mr. Vance questioned what we presently charge a private developer when tying into the system for water and sewage and Mr. Cessna replied that everybody inside the City and outside the City pays for water and sewer connection jointly, approximately S550. We also have a eapital improvement fee to take care of lines going to the property and this was raised recently to $450. He would like to see it be ~450 for water and S450 for sewer. Mr° Vance told how the larger systems~set their charges. Mr. Cessna referred to each unit paying a connection aG a con- dominf.um or trailer park and stated this is how it should but this is not clear in our ordinance. Mr° Vance agreed and suggested setting it up on. equivalent residential units. -8- MINUTES - S~ECIAL CITY COUNCIL MEETING BOYNTON BEACH~ PLORIDA JANUARY 19, 1979 Mr. Strnad referred to Bristol Springs and questioned who was responsible for breakdown and Mr. Cessna replied that we are and explained that the payments came fmom a separate fund. He added that by the time money is reeeived to build the station~ there will be enough money in the surplus fund to pay the Cityfs 25%. Mr. Roberts asked if it was possible to control this situation by forcing the developers into the City and Mr. Cessna explained how this was a rather touchy situation. Mr. Vance further told about it being a delicate area. Mr. Roberts referred to the satellites having septic tanks and Mayor Har~ening clarified that we are actually talking about existing private utilites in our service area. Mr. Johnson made a motion to chaz~3e each unit rather than one set eharge. Mayor Harmening suggested the Utilities Direetor and City Attorney be directed to work out details and have the City Attor- ney bring this back to the Council at a later date. Mr. Johnson agreed and Mrs, Ri scoe seconded the motion. Under discussion, Mrs. Riseoe asked if it would be with a specified cost and Mr Roberts replied negatively. Mr. Vance suggested that they evauluate the existing system of eharges and come back with a recommendation and Mr. Johnson and Mrs. Riscoe agreed. Motion carried 5-0. Discuss Possibility of Refunding Agreements Mr. Cessna stated he thinks his letter on this is very explicit. Mr. Roberts suggested diseussing it briefly. He thinks it has been explained that regardless of a distance the builder of a develop- ment must put in, if they put in the line, the City usually as- sumes part of the cost on the basis of oversizing. However, on the same basis~ if there is spaee in between, the developer on the end gets stuck for the whole cost and it is felt this is the same. Mr. Cessna replied that people forget when we do this, we are using part of the plant capaeity~ transmission capacity, well eapacity~ ete. Mr. Roberts asked how the cost was reconciled for someone coming later into"a line established and Mr. Cessna replied this is the capital improvement fee. Mayor Harmening added that if we do raise the eapital improvement fee, he thinks it will solve a considerable portion of this refunding problem. Mr. Vance added that re_funding agreements were popular seven to eight years ago and are being phased out by practically every major utility operation. Mayor Harmening clarified that no action was required on this particular item. Consider Going Out for Bids for Two Additional Wells on the Jarvis Property Site Mr. Cessna re,jetted to the growth of this City and recommended thatsometime this summer, the City Council authorize the con- sultants to go out for bids for two more wells. We are connect- ing almost at least 100 dwelling units per month. Developments -9- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 19, 1979 approved amount to about 10,000 units. Unless the economy falls apart~ we will be putting in about 1~200 meters per year and on that basis~ it must be remembered that wells take six months to one year to put in. Mr. Roberts referred to some of the develop- ments not having started building and stated there may be a slow- down. Mr. Cessna told about three developers being in his offiee recently and stated he has been trying to get them to put up the money to put in the water line at no cost to the City. Mayor Harmenino stated there was an .additional advantage to having wells in the Jarv~s field because even if the demand is not great~ it will limit salt water intrusion in our easterly wells. Ne olarified that the recommendation was to authorize the engi- neers to go out for two additional wells in the Jarvis field and Mr. Cessna replied affirmatively, no later than June or July. Mr. Hal!man added that if they amc planning to go out for bids for June~ the specifications and plans have not been prepared and it will take until June or July for their preparation. Mr. Roberts moved to go out for bids for two wells on the Jarvis site after bids and specifieations are prepared. Mr. Strnad clarified that it was to authorize plans and specifications for these and Mayor Harmening replied affirmatively, that this was the intent of the motion. He elarified that it was moved and seconded to authorize the engineers to draw plans and specifica- tions to go out for bids for-two wells on the Jarvis site. Mr. Strnad seconded the motion. No discussion. Motion carried 5-0. Discuss Sewer System Evaluation Survey Mr. Cessna referred to this being in Atlanta waiting for a signa- ture and explained that a study only gives the best information with high water. He explained how it would be advisable for whoever does the television evaluationas they go through there to seal whatever leaks they find. Mayor Harmening questioned if EPA would ever get around to this and Mr. Hallman told about meet- ing the EPA guidelines and pleading for their approval. Mayor Harmening asked Mr. Hallman to remind the Council in the event EPA does something about this and Mr. Hallman replied this would be one of their recommendations and they will eontinue to telephone them about this. Mayor Harmening asked if the Council felt it would be appropriate to direct the City Manager to contact our representatives in Con- gross and the House to see if we man build a fi~ under EPA as he thinks we can save some money ultimately on this. Mrs. Ri seoe suggested that Mr. Ha!lman see what reaction he gets when he goes there in two weeks. -10- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 19, 1979 Consider User's Charge in Accordance with EPA Requirements Mr. Vance advised that the EPA tells everybody they won't accept a fixture charge~ but they have accepted and approved a fixture charge for West Palm Beach and the Lake Worth Utility Authority is in the process of requesting it and expect to come ~with it also. Mr. Cessna added that he has been in contact with people in Atlanta and has been told if they want to continue the user eharge~ they should be prepared to fight for it and possibly go to John White at the State level. His recommendation is to fight for it '~LnAt!anta to keep it that way. The decision is up to the City Council and if they decide to go that way, ~hey should be prepared to go all the way and fight and he has been told we will win, Mr. Roberts referred to a study having been done and the present average monthly bill is $7.00. The flat rate throughout the City would require an increase of approximately $2.00 per livin~ unit to at least 40% of the dwellings in the City. If done on a metered basis based on the amount of water used, it would increase the minimum between S6.00 and S6.50 and would make persons with high irrigation pay substantially higher charges, Everybody looks for an equitable charge~ but no matter how you arrive at any eharg% there will always be some complaints. Mayor Harmening stated in his opinion~ there is no perfectly equitable rate structure because of too many diversified usages. He explained how it just could not be fair for everyone. He definitely is in favor of the fixture charge. Mr. Hallman clarified that they wanted a feeling from the Council and if they are in favor of the fixture charg% they will go for it. Mrs. Tinker added that Mr. Moody of the auditing firm discussed this with her and they recommend proceeding with the user eharge. If changed, it will affect the bond issue just passed. Mr. Johnson referred to his statements previously to get away f~om the fixture count and stated if it puts a hardship on 40% of the City~ he concurs with continuing the fixture count after reading the information. Mayor Harmening further explained how different situations affected it. Mayor Harmening called for the pleasure of the Council and Mrs. kiscoe replied we should keep pursuing it in the matter of which we have. Mayor Hammening stated he did not think any action is needed because the direction has been fairly clear and Mr. Hallman requested it to be on the record. Mrs. P/scoe so moved~ seconded by Mr. Roberts. Mayor Harmening clarified that it had been moved and seconded to continue mn the same direction. No discussion. Motion carried 5-0. MINUTES - SPECIAL CITY COUNCIL MEEI~fNG BOYNTON BEACH, FLORIDA JANUARY 19, 1979 Mr. Cessna referred to this being the next to the last time he will be in front of this City Council and thamked them for giving the Utilities Director one hour and forty-five minutes of time to explain the problems because a City cannot run without a properly planned system. He hopes it is kept that way. Mr. Johnson thanked Mr. Cessna for his presentation. He is always in favor of planning for the future. He thinks there is some excellent planning here and compliments Mr. Cessna. HOADLEY ROAD ZONING (Tabled) Mr. Roberts moved to take this from the table~ seconded by Mrs. Riscoe. Motion carried 5-0. Mr. Hank Thompson came before the Council and distributed copies of the zoning map which existed prior to 1975 to the Council members to identify the property and area in question. ~e stated the main purpose is to review what has happened to that property, in 1971, it was in a holding zoninc of R-IAAA. By the zoninc ordinanee No. 71-26, it was zoned entirely in one parcel as C-I. In 1972~ this property was sold to a group of investors in this community and has been held by them intact sinee that time. In January~ 1975~ they reeeived a notice put out by the City of a new City master plan map being proposed. They were advised at t~at time of a public hearing being held by the Planning & Zoning Board on January 28, 1975. He appeared at that meeting ~nd requested th~s 17 acres to be left complete and intact except to be changed in designation from C-1 to C-3. He submitted eopies of these minutes from this meeting. Mayor Harmening clarified that in 1975, there was a City-wide rezoning with a change in categories and the new C-3 zone was similar in nature to the old C-1 zone. Mr. Thompson agreed and added that it was his understanding the C-3 was a replacement for C-~. Mr. Thompson eontinued that at this time, he was advised by Mr. Kelly: Chairman of the Planning L Zoning Boamd~ that he would be told of any further decision the Board might make. ~e re- ceived no f~rther written word~ but reeeived a verbal eommunica- tion fmom Mr. Kelly that the 17 acres would be left intact and it was not necessary to go before the City Council because the matter was taken eare of. At that time, the Council was voting on the map proposed and it was at this time, the error ~rept in. By voting on that map, they voted favorably for it. As it was drawn~ it drew off the corner in error. They under~tand the ~tuation relating to the neighbors who are upset~about th±s. Mr. Day~ the trustee~for the owners, has been in touch with some of the residents and with Jefferson's Store. Jeffersons has advised they will do anything possible to assist these residents in enhancing the values of their properties with beautification or whatever is required. They first applied for rezoning in September. When Jefferson,s advised the zoning was not for the entire 17 acres, he eame to the City and requested the map to be MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 19, 1979 corrected and it was suggested they apply for rezoning. They did and paid $300 and it was unsuccessful. He learned from Jeffersor~iTM unless this parcel would be considered C-3, they would walk away from the contract. He then came before the Council again and on January,2~ the Council reconsidered his request to correct the error originally made. Mr. Roberts stated that the 1975 rezoning had been accepted. This can possibly be corrected, but he understands it must be done by the City Council to correct it the same way the original action was taken. He suggested that Mr. Vance give an opinion. Mayor Harmenin~ asked if there were any questions for Mr. Thompson. Mr. Thompson stated that hopefully-they will have a meeting in the immediate future with Mr. McElroy and any'©~hers from that area with Jeffersor$ and will be able to come to an agreement accept- able to them and to protect them. Mrs. Ri seoe referred to there bein~ s time table and Mr. Thompson replied affirmatively. He explained that since January 2, they advised Jefferson~ the error had been corrected because.of the January 2 action by the Council. Jefferson's is now of the opin- ion the property is all C-3 and must exercise their option to buy by January 31. Mr. Vance clarified that the property owner considerss this to be a mistake when the 1975 zoning map was adopted. In that event~ there is a procedure for correcting such an error. The applicable procedure would be Section 3, Subsection 5-F~ and he read this section. He pointed out that a decision must be made by the City Planner and/or the Planning S Zoning Board and City Council. In the event the City Planner makes a decision which is objected to~ that is appealed to the Board of Adjustment rather than going totthe City Council. An appeal from the Board of Adjustment goes to circuit court. Before the Council is the motion to correct the serivener~s error. There is a procedure for correcting errors in the code; therefore, this pending motion is incorrect. He recommends that the presently pending motion be withdrawn or turned down because there is s correct procedure as he has read. Mayor Harmening asked if we ~re to allow the City Planner to make a decision based on the code, then would it be necessary to vote down the pending motion and Mr. Vance replied at that point~ the City Planner can make a determination and in the event there is a disagreement with the deciszon, it goes to the Board of Adjust- menu or a petition can be filed to the Planning & Zoning Board to correct the error. Mr. Roberts referred to the Planning $ Zoning Board having already made a d6termznation and Mr. Vance replied that they made a decision based on an application for rezoning. -13- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 19~ 1979 Mr. Roberts stated he was concerned that this be done properly and Mr. Thompson agreed. He stated that they feel an error has been made. At this point in time, they are under the pressure of time. Mr. Roberts clarified that within the time frame allowed, the option to go before the Planning L Zoning Board and City Council could not be fitted into the time frame; therefore~ the only other method is to ask the City Planner if he is aware of the circum- stances and can make a recommendation. Mr. Thompson asked if we could abide by that and Mr. Vance replied affirmatively. Mr. Thompson stated that he thinks the City Planner is aware of every- thing about this and he will abide by his decision. He has worked hard to get this for the City and would like to get a decision on this tonight. Mr. Johnson referred to a letter submitted by Mr. Day and stated that it seems Jefferson~ is willing to meet all the requirements of the neighborhood itself. He feels it would be an asset to the City on the tax base, if they are willing'to protect the neighbor- hood. The time frame would not allow time to go before the Plan- ning & Zoning Board and City Council and the only thing to be done would be to turn this over to the City Planner. Mayor Harmening referred to there being a motion on the floor and Mr. Vance agreed and clarified that presently pending is the motion to correct the scrivener~s error, which he does not believe is proper. Mayor Harmening added that the vote in this case would be to vote the motion down and follow the proper procedure and call on the City Planner to render his decision. Mayor Harmening called for a vote on the pending motion and Mr. Johnson, Mrs. Riscoe and Mr. Strnad voted in favor. Mayor Harmenin~ stated that he thinks there may have been some mis- understanding. The question presently before the body is to correct the scrivener?s error. Apparently in the City Attor- ney's opinion this motion was incorrect and was not the proper procedure. In order to establish the proper procedure, we must vote this motion down. It must fail. Then a motion could be made to ask the City Planner if he has had an opportunity to evaluate this and if he has a recommendation. Mr. Roberts requested the vote to be taken over and Mayor Harmening again called for a vote on the pending motion and the motion failed Mr. Vance stated that under the code~ the City Planner acts independently~ but in all fairness, this is a substantial bur- den to place on the planner. He thinks an unofficial indication of the feelings of the City Council would be helpful to the planner. It would be unofficial because under the code, the planner is acting in his capacity as the planning director. Ne thinks this would be fair. -14- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLOP~IDA JANUARY 19, 1979 Mr. Roberts stated he did not know if the planner is prepared or nots but he suggests not acting hastily and for the planner to come back when he is ready. Ma~or Harmening replied that he is sure the planner will give us that expression if that is the case. Mr. Vance advised that the planner must be asked in the form of a letter by the property owner to correct the error. Mr. Thompson agreed and stated the trustee will direct a letter to the planner Mr. Johnson stated that in his personal oDinion~ as long as the Jefferson Store goes along with the r~quirements specified in the letter, it should be approved. Mr. Roberts stated he would assume if it is approved, there would be a site plan and restrictions could be proposed. Mayor Harmening stated it is the Chai~'s feeling in view of the documents and evidence that there was an error committed by probably Mr. Barrett in charge of drawing the lines on the map. Also~ he might point out a similar case considerably more complex than this one which went to court involved the property on Sea- crest Blvd. He told how this court case involved Damcets being zoned differently with the owner feeling it should be the same and it was decided by the court that the larger section of pro- perry controlled the zoning on the smaller section. Mrs. Riseoe referred to Jefferson's meeting the requirements of the neighborhood and asked if the neighbors would have a voice and Mr. Thompson suggested that the City Planner~ if he so de- aides to vote for the correction, then he also impose upon the Jefferson's Store at the time of the site approval the recom- mendations. Mrs. Riscoe stated at this particular point, she reserves the right not to make a decision until such time there has been an equal situation made to the satisfaction of all. Mr. Vance stated that first the planner will have to make a deci- sion. The site plan will be f/led at a later date. This will go through the Boards and then come to the City Council. At this time, theme will be no action by the citizens assuming the planner is requested to make a decision. Mayor Harmening requested a reply from Mr. Annunziato, the City Planner. Mr. Annunziato referred to some of the critical issues here being the minutes, material Mr. Thompson~s submitted, his opinion as a planner and his ability to recreate the thinking of the seven individuals who made the recommendations on the map and stated upon application from the applicant, he will study this matter and render his opinion. Mr. Thompson referred to Jefferson's being under the impression that the correction has been made and stated he would like a definite response. Mayor Harmening informed him that the next course of action would be to direct a letter to the City Planner setting forth the facts in the case and asking him to make a determination under Section 3. -15- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY !9~ 1979 Mr. Roy Roseke, 410 Hoadley Road, referred to the people being told to come tonight and stated he is the one most directly affected. Ail this talk is abou~ correcting mistakes or errors. He obtained a copy of Ordinance No. 71-26 covering this zoning. People were notified of this change in zoning, but in checking the list you will not find his name listed~ the owners of Lots 59 or 60 are not included on the list. Mayor Harmening replied that subsequent to the passage of Ordinance No. 7~-26: the City underwent a com- prehensive rezoning in which Ordinance No. 75-29 was passed. Mr. Vance agreed there was a comprehensive rezoning cove~ ng the entire City ~and that ordinance would be the applicable ordinance at this point in time. Mr. Roseke s~ated that he was given the wrong information in 1975 that it was zoned back to residential and Mayor Harmening replied affirmatively and clarified it was originally zoned from t~e holding classification to C-1 in 1971. It is conceivable there may have been an error and he was not notified. Had any action transpired after that and he objected, he may have had an excel- lent case at that point in time between 1971 and 1975. However, in 1975, the entire City was notified both through legal ads placed in several newspapers plus notification on the water bills. Mr. Roseke asked why the zoning change made in !975 did not stand now and Mayor Harmening replied that it does. Mr. koseke stated it was put back in pesidential in 1975. Mayor Harmening stated that this point is being clarified now and the City Planner is being asked for further clarification. Mr, Vance added that the City Council did take action tonight. The Council denied the motion to correct the scrivener~s error. Right now, it is resi- dential, but there will be an application ~o correct the error presented to the planner shortly under the procedure in the code. Mr. Roseke referred to being stuck no matter whHtway it goes and Mr. Vance informed him that he can question the~ decision from the planner thmough the Board of Adjustment Mr. John Buccigross, 1210 Old Boynton koad~ stated he lives adja- cent to the property in question. He asked Mr. Vance if this Council has the authority at any time now or in the future to change a zoning in any part of the City and Mr. Vance replied affirmatively. Mr. Buccigross continued that in this particular instance, all the responsibility is put on one individual, which he feels is very unfair, legally proper, but very unfair. Mayor Harmening informed him that we do have to try and follow the pro- cedures set forth in our codes. The reasons they are put in this form is to have fair and orderly business in affairs such as this Mr. ~ucoigross replied that he can go along with the reasoning, but he does not have to agree. At this momen% it appears we are making a decision between two people, Jefferson, s Stores and the people of BOynton Beach. The Council has the authority to change any zoning in this City. If they would look at this immed- iate area~ they would realize it makes sense that one side should be residential and the other side be commercial. In the interest of eoonomics, he might change his mind in favor of probably main- taining the zoning as it appears to go~ but what becomes of Hoadley Road? It is a very private road. The only reason anyone would go -16- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLOR/DA JANUARY 19, 1979 that road is because they live there, but it will not bg that way when this particular moad is developed by Je£fersonts. This is a serious eonsideration of the people living there. Mayor Harmening stated there is one other consideration here that perhaps the Chair would like to bring forward~ The gentleman who owns the property in 'question has as much right to the use o£ the property .in the best interest that zoning allows. The man should not be denied the use of his property nor should it work a hard- ship on the neighbors, Mr. Buccigross stated that the Council can do what they please about this particular road. By the same token, they are entitled to ask the Council to maintain the residential area where they 'llve. They d° have tha~ right and the Couneil has the authority to do it. They are not asking for anything unusuaI~ but the Couneil is not cooperating. The planning and zoning is not being done for the people who live here. TD/s will make a eommercial drive out of Hoad~ey Road. He is not opposed to the eeonomie value of Jeffersonts~ but the only way for them to drive out is to use Hoadley Road. If they come up with something else and maintain that area as residential without the imposition of tractor trailers going down that road, he will listen to that. Mr. Thompson referred to Mr. Buecigross living on Boynton Road and stated that the Jefferson's Store presently ~plans to~andon Hoadley Road by their property. As soon as they are able to do that~ they ean plaee a wall there prohibiting traffic into their property. Theaseess will be from Congress Avenue baek to the parking area. The layout of the building faces north with the rea~ to the Villager Shopping Center and he showed the site plan. Mayor Harmening stated he didn't feel it is the intent, purpose or desire of anyone to hurt anyone in this business. There is no way to come out ahead on this. It is not a question we enjoy deciding. We do not want to deny the gmoup of people here or the property owners any rights they may have to their property. Mr. Johnson added that the plan comes to the Couneil and if the applicant does not meet the requirements stated, we have the right to reject the plan. Mayor Harmening eoncurred and added that we will look at the site plan very closely if it is approved. Mr. Clyde McElroy referred to being in touch with Mr. Day and stated he has been told about the ~ntentions of making Hoadley Road deadend and also put in a wall and beautification for whatever the people desire. Their only concern is time is running short. If the deal is closed and the property is zoned~ what guarantee do the people have that it wilt be done? Mayor Marmening replied there are two guarantees. The Community Appearance Board which is constituted in this City by ordinance takes a very close look at any commercial development. He re- ferred to the beautification of eommereial establishments since -17- MINUTES - SPECIAL CITY COUNCIL MEETING EOYNTON BEACH, FLORIDA JANUARY 19, 1979 appointment of the Community Appearance Board. In addition~ we have another ordinance requiring screening when a commercial estab- listment is built adjacent to a residential area. The site plan ~or any p~oposed development in this area has to come to the City Council for approval. He is sure the Council would take a long and hard look at it. Mr. McE!roy clarified that he was not saying Mr. Day's word is not good or the City Council's~ but the time is running down and he would like some assurance someone will be on their side. Mr. Strnad stated that when this site plan comeS before the Council and ~f these people are living in that area and will be affected by this commercial establishment and are not in favor of the screening~ he Would not go along with the site plan. Mr. William Murphy, 1210 Old Bovnton Road~ questioned what proof there was that a mistake was ma~e except that someone told Mr. Thompson the whole 17 acres was zoned C-3 and Mayor Harmening re- plied that there are minutes from the public hearing and statements indicated that it would all be one zoning. There is no absolute concrete proof. These minutes are available from the City Clerk. Mr. Herbert Cole, 1249 Gondola Court, stated he has go~e over everything to be considered and at th~s time, it does not make much difference what everybody says. He is sure nobody is com- plaining about Jefferson's going there because that is taxes for the City. If they don't try to pursue it~ they would not be doing their duty. However, this piece of property is the only spot on east side of Hoadley Road which would become commercial. If that spot zoning is made, it will cmeate a potential domino effect and everyone on the east side of Hoad~ey Road will ask for commercial zoning and this will destroy the residential zoning. He checked the zonin~ when he bought there and was informed it was residential. He knows they have to raise taxes for the City, but hopes they will 1pok out for the residents in this area. The people are paying nice taxes there. Mayor Harmening agreed and added that it boils down in his opinion as to whether one property owner was treated unjustly through an error and not so much if it is Jefferson's Store or what. Mr. Cole continued that he does not think that little piece is criti- cal to Jefferson's building there. There is enough propertf west to build. The residents will be hurt if this is allowed. CONSIDER PROPOSED ORDINANCE REGARDING ESTABLISHING OFFICE OF MUNICIPAL FINANCE DIRECTOR Councilman Norman Strnad Mr. Strnad referred to submitting an ordinance for the Council'e consideration and Mr. Vance clarified that the ordinance was pre- pared by his office ~ut the job description attached was not. His office did prepare a fob description sheet and it is avail- able~ but is not the one attached to the ordinance submitted. Mayor Harmening clarified that it varies from the one on file in our Personnel Department. -18- MINUTES - SPEC/AL CITY COUNCIL MEETING BOYNTON BEACH~ FLOR/DA JANUARY 19, 1979 Mayor Harmening referred to saving a little time for the Council regarding this matter and stated that to date, we have spent an inordinate amount of time on this whimh is something which should be simple and straight forward. He referred to the Charter, Page 41, Article 4A~ and stated the Council is not privileged to create this position as an unclassified position because this was voted on by referendum on Deeember 5, 1961. The ordinance is quite clear in this respeot. It sets forth the positions that ~e. L-~nelassified and states the positiorscreated.,. . subsequent eSee Minutes to the creation of this amt shall be in tclasslfied service. The Finance Director is not included in the list of unclassified 2/6/79 service. The Charter became ordinance under the Home Rule Act. Speoifimally precluded in the Home Rule Act'when it'was passed were a few sections dealing with elections and personnel and anything instituted by referendum. This position was incorporated by referendum in this City o n December 5, 1961. Mr. Strnad requested a legal opinion. Mr. Vanme stated this section became an ordinance by virtue of the Home Rule Act in 1973. Subsequent to that, Section 49, Page 32, was adopted in 1976. He agrees the two ordinances are eontradictory in their terminology and a refurbishing of the Charter would be in order, The 1976 ordinance subsequent in time to the 1961 ordinance and the normal rules of interpretation apply state that an amt of the legislative body whimh is subsequent in time is controlling on a given item. Mayor Harmening clarified that he was saying even though this chapter and section were passed by referendum~ the provisions in the Home Rule Act notwithstanding this man be changed by ordinance and Mr. Vance replied that he did not have a copy of the Home Rule Act with him but it states a City can amend its charter exoept in specific instances and he doesn't believe this would be one of the lim~te~ areas. Mr. Roberts referred to it applying to speeial acts and Mr. Vance agreed that it applies to special acts and the City Charter is ~spemial amt. Mr. Roberts referred to this going to meferendum and asked if it would be reasonable to use this &s a spemial act once it is mhanged by referendum? Mr. Vance agreed this was a good point. He clarified that this was approved by the voters by referendum and from-the legal standpoint, he would need a little bit of time to check the Home Rule Act. Mayor Marmening added that about five provisions cannot be changed. Mr. Strnad moved to table this item~ seconded by Mr. Roberts. Motion carried 5-0. ADJOURNMENT Mr. Roberts moved to adjourn, seconded by Mr. Johnson. Motion married 5-0 and the meeting was properly adjourned at 9:45 P. Mt -19- MINUTES - SPECIAL CiTY COUNCiL MEETING BOYNTON BEACH~ PLO1LIDA JANUARY 19, 1979 CITY OF BOYNTON BEACH, FLORI DA Mayo r /~J~ ~'~ Vi c~e Mayor ~ Cou Counoilman ATTEST: Councilmen ~ ~~iCity Clerk Recomdin~ Secretary (Three Tapes) -20-