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Minutes 12-07-82
MINU~ES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 7, 1982 PRESENT Walter "Marry" Trauger, Mayor James R. Warnke, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman Peter L..Cheney, City Manager Tereesa Padgett, City Clerk James Wolf, Assistant City Attorney Mayor Trauger called the meeting to order at 7:30 P. M. The invocation was given by. Reverend Nathaniel Robinson, Church of God, followed by the Pledge of Allegiance to the Flag led by Councilman Joe deLong. AGENDA APPROVAL Under "E. Announcements", Mayor Trauger added "Letter from Congressman Daniel A. Mica" and then make a comment on one of our former Board Members. Mayor Trauger~added "Train Whistles' under "VIII. LEGAL, D. Other," as '3." under ,IX, OLD BUSINESS, Mayor Trauger added "E. Matter Concerning Swales" and "F. Bringing up-to-date our Annual Report." Mayor Trauger further added "A. U. S. 1" under "X. NEW BUSINESS." Under '~I. ADMINISTRA- TIVE, D," Mayor..Trauger added "Florida League of Cities." City Manager Cheney added "4. Proposed Annexation" under "VIII. LEGAL, D, Other, which will be referred to the Planning Board but had to come here first. He also added under '!VIII, LEGAL, D, Other' a "Settlement on Wa%er and Sewer Easement." City Manager Cheney referred to "IV, CONSENT AGENDA" and deleted 'E, 6" under "Bids" Councilman deLong moved the adoption of the Agenda with the additions and deletion, seconded by Vice Mayor Warnke. The motion carried 5-0. Announcements City Hall will be closed December 23rd and 24th for Christmas and December 31st for New Year's Mayor Trauger made the announcement. Bertha Chadwell Mayor Trauger called the attention of the citizens to the death of Bertha Chadwell. Mrs. Chadwell was quite instrumental in obtaining the original cemetery site here at the corner of Wool- bright and Seacrest~ She has served the City well during the many years. Mayor Trauger informed everyone that Mrs. Chadwell 'MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 served on'the.._Cemetery-Board of Governors in the 1940's, 1950's, and again in 1961 and then continuously since 1962 until her death, this week'. Mayor TraUger continued by saying Bertha Chadwetl has been an outstanding citizen, very~lOyal to the City, and known as one of our oldest citizens and a true supporter. The Cit~ will miss her and has sent flowers for the funeral, Mayor Trauger informed the audience. Letter from Dan~et 'A~ Mica, Member of Conqress re Woman's 'Club Mayor Trauger read the following letter, dated December 1, 1982, addressed to him, from Daniel A. Mica, M.C., Congress of the United States, HouSe of Representatives, Washington, D. C. 20515, as follows: "Tbank you for contacting my office regarding~federal funding for renovation for historic sites. I appreciate your sharing this information withme and I am pleased to be of assistance to you. In an effort to be0f assistance, I have contacted the Department of Housing and Urban Development With a letter of support on behalf of the Wom~n'.sClub of Boynton Beach. I sincerely hope that my action will be beneficial~inyourreceiving the necessary funds. Please be assured Ghat I will contact you again upon receipt of any information. In the meantime, if-t can be of further assistance, please do not hesitate to call on me. With kind regards." /s/Daniel A. Mica, M. C. Mayor Trauger merely read this into the record to show when we need assistance, this i~s the support we get from one of our Congressmen. MINUTES Reqular City Council Meetinq Minutes - November 16, 1982 Councilman deLong moved the adoption of the minutes as recorded, seconded by Councilman Wright. The motion carried 5-0. PUBLIC AUDIENCE Annual Civil Service Report - Chairman A1 Furia Albert Furia, Chairman of the Boynton Beach Civil Service Board, informed everyone that an °ral report is to be-made each year according to the City Charter, and it is supposed to cover the - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DE~EMBER 7, 1982 activities of the Civil Service Board during the past yea~. Fortunately, Mr. Furia -told the Council~ this past year has seen a slight reduction or lessening in certain.'areas of thelBoard's responsibilities. These activities no~rmally include a wide range of projects, recommendations, Civil Service examinations, employee hearings, and other responsibilities covered'by the City Charter. Mr. Furia said they are presentiy in the final stages of work on recommended ~changes'in~clari~.c~ions to the Civil Service Rules and RegUlations Handbook. Some are Charter' changes already enacted. Others cover operational and administrative revisions. A workshop meeting was held on' September 1, 1982 that included the City Council, City Manager,-Personnel Director, and Board Members. All revisions were discussed and Clarified for all concerned. Mr. F~ria advised .that the final package is almost completed, and it should be on the City Council's Agenda for approval within the next few months. Mr. Furia added that these latest changes have been brought about through the input and'cooperation of the City Manager, personnel, and Board Members at several workshop meetings. Mr. Furia further informed the Council that the Board is also responsible in supervising the administration of Civil Service examinations and in the scoring of these examinations. At least one Member of the Board was present in monitoring about 12 examinations, both entrance.~-and promotional, covering more than 300 competitors.. One interesting fact concerned the Fire Fighter examination given in October of this year. Mr. Furia said we had the highest number of applicants ever tested for a Civil Service examination in Boynton Beach. A total of 106 applicants took %he required agility test.~ 95 ~passed, and they competed in %he written examination which was given several days later. Considering the number of applicants tested, Mr. Furia said both portions of the test proceeded Without a problem'or a delay of any kind. Mr. Furia pointed out that the past year may have been without precedent in another area, at least in the nine years he has been one_the Board. It involved the request for a hearing from employees who are suspended, demoted, or are dismissed. Mr.. Furia stated that there were no hearings held in 1982, and that certainly was a fine achievement. It spoke well on the efficiency and management, supervIsion, as well as in the caliber of employees working for the CitY. Mr. Furia believed that covered the major.portion of their activities in 1982. He expressed that it has certainly been the Board's pleasure to have served this City and the Council the past year, and they look forward to the coming years and - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 continuing the cooperative relationship-%his Board has had with the City Council, City Manager, and all departments and their employees. Councilman deLong thought the City owed Mr. Furia a vote of thanks. He thought Mr. Furia~had been serving for about nine years and knew Mr. Furia was very dedicated and participates in all Of the examinations. Mayor Trauger could not contribute anything but a.very hearty ha~d- shake for their outstanding service. Mr. Furia stated he enjoyed it. Councilman Wright referred~to the draft on the C~uil Service Rules ~n~Regulations which %he B~a~d .b~ought to the Council in September. He was quite pleased with the caliber of Members they had on the Civil Service .Board and the pride that they brought 'forth to the City Council. Announcement - Tennis Court Dedication Mayor Trauger forgot to announce that the tennis court dedication will be this Thursday. at 1:30 P. M. at the new tennis center. Everyone was cordially invited to see that outstanding facility. Mayor Trauger ask'ed if anyone Wished to speak on any item that is on the Agenda, they should give their names to Mrs. Tereesa Padgett, City Clerk. He asked if anyone wished to speak on any item that is not on the Agenda. If so, he asked .that they come to the microphone and give their names. Leonard Kanonik, 1330 S. W. 28th Avenue, Boynton Beach, told the CounCil congratulations were in order for Captain Hillery and the people working with him' for trying to solve the problem in Golfview Harbor around llth Street and 28th Avenue. Mr. Kanonik was before the Council now to let it be known that there is a problem that exists in Golfview Harbor - vandalism. A goOd example is to drive d, own. 23rd,~.:.and you can see all of the graffiti on 1-95 bridges. Drive out to llth Street and see the graffiti on. the bridge over the canals. See the street signs mangled and missing on llth Street. Mr. Kanonik said lights have been bhot out. In the last two months, Mr. Kanonik Called Florida Power and 'Light Company a half a dozen times where lights were out, six and eight at a time, two or three shot out. Like he said, Mr. Kanonik said Captain Hillery is trying to-do something about it. What is happening is the 'same thing is starting all over agamn, Mr. Kanonik continued. They do it; they repair it; and Mr. Kanonik said the kids do it all over again. - 4 - 'MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORI'DA DECEMBER 7, 1982 This morning Mr.' Kanonik was driving down.23rd and thought it was a shame when you have to see-ViIlage of Golf and Delray Dunes being fenced in with an eight foot fence with barbed wire on both sides. "They have t-hat in concentration camps[ I didn't think we would have it in Florida," Mr. Kanonik remarked. In Mr. Kanonik'~s neighborhood, there is a foot bridge~which he does not agree with. That foot bridge, has-to be 10'x12' wide, and -Mr. Kanonik said if'the "Council would go over 'there and' look at that foot bridge that is going'out of the park into the sub- division, they would~seefthat they could drive a car or anything over that bridge. Mr. Kanonik emphasized that it was not a foot bridge. Vice Mayor Warnke asked what the location was. Mr. Kanonik answered, "llth Street and' 28th Avenue, where all the problems are, where alllthe kids gather, shoot out the lights, drink~ carouse, and harrass older people. My neighbors and I don't have fences, so I can see what's going to happen now when that bridge is open. We['re going to fence ourselveS inl'3 ~ouncilman ~Long~.was-~ery much. c~n6erned; particularly about that bridge. Councilman deLong asked City Manager Cheney if he could get in touch with the County. 'City Manager Cheney answered, "Yes." ~0uncilman deLong recalled it was set up to be a foot bridge, not a vehicular bridge. Mayor Trauger recollected it was to be a bicycle path. City Manager Cheney advised that the County is preparing to put in barricades or restrictions at the bridge in order to restrict the access to the bridge down to pedestrian~ and bicycles. He just received a sketch of what-they are going to look like for the City's review, but they are proposing to do that kind of a thing. Councilman deLong said they are going to have al'terrific ~mOunt~ of.~hrouble because the people think they can cut through Golf- view Harbor, _~instead'of going all the way down Congress Avenue. City Manager Cheney~ agreed~,with Mr. Kanonik that there is currently a Vandalism"problem and a number of young teenagers and younger who are problems in Golfview Harbor now. He said he knew many of them, and the police know, manY of them. City Manager Cheney added that there is a rash going on, and qhere is no'~.qnestion about it. Mr.' Kanonik guaranteed he would settle i% if they would let him'know who they are. Mr. Kanonik felt sorry for the older people because they have to stay in their houses. He referred to the Gabels, who can't walk down the street ant more like they used to. City Mana'ger Cheney agreed that the quantity'of vandali'sm has certainly increased. The age of some of the kids appears to have increased into a group that does cause vandalism~ Mr~ Cheney observed. - 5 - 'MINUTES - REGULAR CiTY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 City Manager Cheney knew that. Captain~ Hillery is talking to Mr. Kanonik, the City is working on it, and something will happen to solve it, but that is a cycle that neighborhood is going through right now with a bunch of teenagers. City Manager.'Cheney agreed it was unfortunate, but said the City is aware of it. City Manager Cheney said the County is going to address the bridge thing so you cannot go across in vehicles. City Manager Cheney also pointed out that that dead end section was a problem before the bridge, is a problem'now, and has to be addressed. Mr. Kanonik.just wanted it to be on record with the Council ~that they do have a problem. Councilman deLong interjected that the City..certainly wants to do all they can to clear it us. He. said there was no reason why anybody should.~be~harrassed in this City. Caesar Mauti, 150 S. W. 24th Avenue, Boynton Beach, thought he Was before the Council before on an old issue which concerns the parking in a residential area for Bethesda Hospital. Since last he was here, they complained about traffic. Mr. Mauti said the parking now is going on in a residential area and due to this parking, the traffic has doubled-on 24th Avenue, ~and the speeders are going~even much faster. The closer it gets to 7:00 A. M., and a little over 7:~00 A. M., they get faster. They don"t adhere to the full stop signs, Mr. Maut± told the Council, and they are just tearing through. A few days ago, one of. the speeders hit a little dog just down the street from where Mr. Mauti lives, and it could just as well have been a child. Mr. Mauti tried to get some relief and imagined it was some kind of an ~rdinance that they cannot find. In Mr. Mauti s interpretation of some of the laws is that when it is not in the zoning laws, it is not permissible. If it is a dual role, Mr. Mauti said it must have an approval of the various Boards. Upon complaining by phone (and for the past two weeks Mr. Mauti thought he went from one official to another official, as City Manager Cheney knows), and What he received was that the hospital is Classified as a government agent. Mr. Mauti agreed that he may not be an attorney, but he did not believe that anyone is above the law. If there was a parking violation, where they are utilizing a residential area (may it be a right-of-way, public right-of-way or whatever, which is located in a residential area being utilized as a parking lot), Mr. Mauti said it is a violation. Mr. Mauti took a snap shot, which he passed around for the Council to look at. On the subject of parking, Mr. Mauti stated that from a parkLng lot, whether it be approved or not, you ~cannot exit from it by backing - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 on or backing into a street or highway. He told the Council that photograph would sh~ them that all indications show-that they do. Mr. Mauti informed ~he! Council that they did have an Engineer up there to line out where the right-of-way starts and where it ends He understood the fact that if ~hey wouid ticket every car that parked in the right~of-way, we would not have a police force big enough. When you hgve in excess-of 80 or 90 cars parking in one right-of-way, ~r. Mauti felt something should be done. Mr. Mauti was only ' efore the coUncil,, asking for s0me type of retief,.maybe in th~"f0rm of "No Parking" signs or "No Through Thoroughfare'!. Mr, ~au~i also understood that although they have achieved from the COuncil the closing up of that section of road to prohibit this th~0ug.h, traffic, lit is now in the Courts of their injunction to close it. Mr. Mauti thought t~ere should be some relief for the people liVing on 24th Aven~e as far 'as.parking there and speeders. Vice Mayor Warnke asked i~f it Was 24th or 2nd.Street. City Manager Cheney advised ~hat it was 2nd Street, north of the hospital. Mrl Mauti agreed that it was 2nd Street and explained that it is between 26th and 25th. He said he was only.here for some relief for the people. Mr. Mauti told the Council that they would be meeting with the hospital on Thursday' (December 9, 1982)~ a~d he was going to try and make the same r ~commendations to them. Mr. MaUti was aware of the fact that th hospital may have a problem and also that they may be looking for relief but he did not agree with them that to get relief, they should get it under these conditions. Mr. Mauti said the hosp.tal, has not cooperated with them one bit, and they are trying their best to cooperate with the hospital. All Mr. Mauti said zhey were asking for was some relief to stop the speeders and "l~t them adhere to the parking rules." ~ed'that the CounCil-~urn this ~ver to conjunction with the Traffic Department and ~t and also to call in the City ~ttorney to ~hing the Cit~ can do and for-gu~[dance insofar restrictions are concerned. Councilman _~ ..can g~ up,there ~on~3rd-Street and park on N. E. "No Parking" signs, he did not see whyl-.~they thing there. Councilman deLong said they people are parking over there, they should ~ho are going to park, and if they are parked, they should be issued some citations. Councilman deLong believed that would cure that. Councilmember Woolley seconded the motion. Councilmah deLong.m the City Manager in the Police Departme see if there was an as the proper legal ~eLong said if~they 3rd Street and post cannot do the same should make sure if greet tho'se people Councilman Wright suggested speed bumps. City Manager Cheney advised that you cannot put speed bumps on public streets. - 7 - ~MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DE-C. EMBER 7, 1982 Mayor Trauger repeated the motion. Councilman Wright asked if the CoUncil could get a report back, and this was also added to the motion. City Manager Cheney assured the Council that the City is obviously pursuing it. -Mayor Trauger asked what they had found so far with reference to the complaints given by Mrl Mauti. City Manager Cheney said they have diScussed with the hospital the illegality, and the hospital is not exempt from parking regulations as a governmental agency. City Manager Cheney informed the Council that the City has discussed with the"hospi~al that they- cannot park on private, residential property. As to the question of parking on the public rightrof-way, City Manager Cheney advised that there is no restriction at the moment from any of us going into"any residential street in the right-of-way and parking our cars. Councilman ~ deLonq advised, "If the remedy is citations, let'.s~give out citations." City Manager Cheney replied~ "But there're no restrictions." Mayor Trauger asked if the right-of-way can'be used as a parking lot and viewed as casual parking.. City Manager Cheney replied, "Yes. If you park parallel along the right-of-way in the City, you can park there." Mayor Trauger questioned, "You can leave it there all of the time~' all day?" City Manager Cheney answered, "If we don't have any restrictions." Councilman deLong asked, "If it's posted?" City 'Manager Cheney replied, "If it's posted, you can't." Councilman deLong pointed out that it is posted on N. E. 3rd Street, so why can't the City post it up there. City Manager Cheney informed the Council that the City has not posted 3rd Street yet. City Manager Cheney explained that the problem is, if you put "No Parking" signs, that means no parking. That means-residents, no parking. That means everybody, no parking. City Manager Cheney said it is no't just no-parking for hospital'employees, it is no parking PERIOD. City Manager Cheney mentioned this to Mr. Mauti, and he indicated that he did not care. Mr. Mauti interjected that they do not have residents parking there, as he explained to City Manager Cheney before. He said those are all workers, that go to the hospital, but they park there all day; and they are not parking horizontally,, they are parking with their backsides out on the road. As City Manager Cheney explained to Mr. Mauti the other day, the Ci~ty understands that the workers are parking perpendicular to the road, and they have told the hospital they Cannot do that~. City. Manager Cheney also informed everyone that' the City has identified the residential versus commercial property (hospital already zoned property) and said, "you cannot do that." City Manager Cheney also said they have identified where the rzght-of-way line is. - 8 - MINUTES- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 The point City Manager Cheney was making was if "No Parking" signs are there, that means no parking for anybody, including Mr. Mauti's guests and everybody else. Mr. Mauti said that was fine. City Manager Cheney Called attention to the fact that it may not be fine with the whole neighborhood. Councilman deLong asked if the guests could'not park' in the driveways. City Manager Cheney suspected that there are times when %'h.e~e~are more guests than there are driveway spaces. Mr. Mauti never saw guests parking there, and he has lived there for ~eight years. He Said he faces that way every morning, from 4:00 o'clock in the morning until he leaves for work. He has never yet seen a visitor from the hospital parking there either. Mr. Mauti stressed that he sees~Only the workers, and that only persisted after this in3unction on the closing of the road persisted. Mr. Mauti told'the Council that was not there before. Councilman deLong remarked that there has to be a solution and they would privilege the City Manager to arrive at a solution. Councilman .Wright agreed with City Manager Cheney and said his driveway is not so large, and a lot of his family and friends park along the right-of-way. Councilman Wright would not want to see the Council prohibit citizens from parking in that area. City Manager Cheney advised the City can put."No Parking" signs there, and the hospital employees, because of the par~in~ problem,' will go out to the next block, and the next block, and the next block, and somewhere in that ~eighborhood, that is going to be an in- convenience to people who live in that neighborhOod because some- where in that neighborhood, City Manager Cheney suspected there are times When there is company and peopie park in the street. Councilman deLong commented that somewhere along the line, the hospital is going to wake up to the fact that they must provide parking and that they started off without a master plan, and that is why they are all'this way today. A vote was taken on the motion, and the motion carried 5-0. Garbaqe and Sewer Bill - Lottie Pierce Lottie Pierce, 203 N. E. lIth-Avenue, Boynton Beach, said she did not get her garbage and sewer straightened out. She tried to get with City Manager Cheney but had not been able to get with him. Mrs. Pierce went to the Water Department and was told they charge $3.90 for 3,000 gallons and each 1,000 thereafter was 90¢. She figured that, and' it'did not-come out to what they charged her. Mrs. Pierce continued by saying her bill has been raised four times. She referred to her bills from the 1960s on. City Manager Cheney said it was the same question Mrs. Pierce asked last week. Because of two of the City's key people not being around thins week, City Manager Cheney did not have the answers - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 for Mrs. Pierce yet bUt was in the process of getting the answers. He said he had a question about Mrs. Pierce's bill and some others. City Manager Cheney explained that.he did not have the answers yet but he would have.them. He said that Perry Cessna, Director of Utilities had been sick. .aity Manager Cheney told the Council he would have an answer in a chart form which should explain precisely to Mrs. Pierce and anybody else who should raise some questions abo~t how the~Ci%~--arrives at their water and sewer bill. City Manager Cheney[assured Mayor.Trauger he would call Mrs. Pierce and .talk to her when he gets the answers together. He assured Mrs.. Pierce he'will show her a chart which will explain it to her. City Manager Cheney said he could not do it right now, but he would give Mrs. Pierce an explanation in writing and a chart that will explain exactly how it was arrived at, and if there is a mistake, the City Will address it~ Councilman Wright pointed out that Mrs. Waters had a concern too. City Manager Cheney said he would get hers too (Mrs. Eupher Lee Waters, 1520 N. W. 2nd Court, Boynton Beach). He said he was working on the same simple explanation for a couple of other people. Clean-up for the Northend - LOttie Pierce Mrs. Pierce asked when they would get the northend cleaned up. Mrs. Pierce said she,~JosephDelaney~ and the ChairmmaoftheBoynton. Beach Housing Authority made a survey about a month or two months ago, and Mr. Delaney said he was going to bring it to City Manager Cheney's attention. Mrs. Pierce was tired of looking at that filth up there. City Manager Cheney told Mrs. Pierce a number of houses that were on ~the list that she-and Mr. De!aney brought in had already been cited, and violation notices were already out. That process of enforcement is going on¥ City Manager Cheney advised'the Council. He said a number of ~he others are newer ones, and they are citing all of those people. Mrs. Pierce referred to places they passed With all of those old cars and asked if Mr. Delaney told City Manager Cheney about them. Mrs. Pierce called attention to vacant cars and people just throw- ing out raw garbage. She thought something should be done about it. City Manager Cheney told her the City continually goes in and cleans up and continually fight people, and it is a continuing problem. Speedinq - 10th and llth Avenues - Lottie Pierce Mrs. Pierce said the speeding on 10th and llth Avenues was ridiculous. She said they go through there at 90 m.p.h., and children will be there, on those narrow streets. Mrs. Pierce hardly ever sees a policeman up there during the day, and she thought someone should be up there around those corners %o stop this speeding. - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Lottie Pierce, 203~-N. E. llth Avenue, Boynton Beach, told the Council they'are up there and.need.protection. She added that they do not get it, and she would appreciate it if somebody would see aboUt it. Councilman Wright wished the City would expedite the reports to Mrs. Waters and Mrs. Pierce. City Manager Cheney promised to have it by the end of the week. Parklnq and Bethesda Hospital J. Frederick Banting, 2414 S. W. -lst Street, Boynton Beach, Stated when they had the difficulty on S. W. 1st Street~ and S. W. 24th Avenue that Mr. Mauti was talking about, and when they were going to the Commission meetings, the Zoning Board meetings, and all of the controversy they had, the City stopped the parking on that one parcel of property and warned Mrs. Benson, who owned the property at that time, that if she did not keep the people off of that piece of pr~pe~y, they were going to give her a citation. In fact, Mr. Banting added, they scared her "pretty bad". Now that the hospital owns that piece of property outright.and'.~has the deed, nothing, is being done. 'Mr. Banting informed the Council that all of a sudden, they are allowed to park on that piece of property. He was wondering, "What's the difference? Why can they park now and why couldn't they park before?" City Manager Cheney replied there is no difference. He said the City told the hospital they cannot park there. He did not know they had told Mrs. Benson. City Manager Cheney said Mrs. Benson solved the problem on what was then her property, and the City is still working with the hospital to tell them not to have park- ing on that piece of property, which City Manager Cheney believed they either o~n or have under option. City Manager Cheney pointed out that the City is telling them both the same thing. He added that some people respond faster'than others. Mr. Banting knew everyone was aware that they have that meeting on Thursday, December 9, at 7:00 o'clock P. M., which they have been trying to get for a long time. Mr. Banting said they are trying to cooperate with the hospital. Everytime they turn around, the hospital' is bucking them or they are bUcking the City. The hospital wants the people to go to the hospital and deal with them and try to come to some agreement about the rezoning of the property. EVery~.time they turn around, 'the hospital does every thing that they can to irritate the people with the traffic, the parking[[ and putting the injunction on the closing of the street (S. W. 2nd Street, Mr. Banting informed the Council. CONSENT AGENDA: Matters in this Section o'f the Agenda re proposed by the City Manager for "Consent Agenda" Approval, with all of the accompan¥inq material to become a part of the Public Record - 11 - ~tNUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 A. Continqency Transfer - Fluid Applied Roofinq for City Hall This ms to provide funds for City Hall and the Library roofs per the City Council's action of November 16, 1982. B. Request Approval-of Construction Trailers John Pagliarulo, John Pagloarulo Building Contractor, Inc. N. E. 15th Place and U~. S. #1 e George Hubartt~ Boynton Fitness Center & Sunshine Square (Ron Linkous) - Sunshine Square (formerly McCrory's) C. Request for Zoninq Approval for Alcholic Beveraqe License Lanotte - 2280 N. Federal Highway (Beer, Wine & Liquor License in connection with a restaurant) Mrs. Marilyn Cain, d/b/a Pepper's Old Salt, 711 East Ocean Avenue (Beer & Wine Package only) e Joseph Tufo, d/b/a Sub Pub, 814 N. Federal Highway (Beer, wine consumption on premises~& package) D. Banana Boat Christmas Display E. Bids 1. Containers - Public Works The Tabulation Committee recommended awarding the Metal Containers to HESCO Sales, Inc., ~4295 East llth Avenue, Hialeah, Florida 33013. in the amount of $14,'885, and the Plastic Containers to B & B Equipment Sales, '6995 N. W. 32nd Avenue, Miami, Florida 33147 in'the amount of $7,210.00. 2. One (1) New Vibratory Plate Compactor - Public Works The Tabulation Committee recommended awarding %he bid to Griffin Equipment', Inc., Box 6488, West Palm Beach, Florida 33405, in the amount of $i,550, as it meets all requested specifications. The apparent low bidder, Bl~nchard Machinery, Inc., 14301 N. E. 19th Avenue, North Miami, Florida 33181, did not meet~specifica- tions. 3. One (1) New'Concrete Saw - PAC 11-905 D/M or Equal - Public Works The Tabulation Committee recommended awarding the bid to Griffin Equipment Co., Inc., Box 6488, West Palm Beach, Florida 33405, in the amount of $1,800. - 12 - 'MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Combination Pickup Street Sweeper & Front End Loader - Public Works The Tabulation Committee; Richard S. Walke, Director of Public Works, and City Manager Cheney recommended that the bid be awarded to H. F. Mason Equipment Corp, P. O. Box 2247, Hialeah, Florida 33012 for $68,736 less $500 trade~in for a total of $68,236. Emergency Purchase - Range Hood & Ductwork - Child Care Center City Manager Cheney's memorandum of December 7, 1982 stated that the proposal obtained from E. Eugene Johnson, Boynton Duct Design, Inc., in the amount of $1,960 be approved~ The proposal met all the requirements of the Codes of Boynton Beach, and the contractor is acceptable to the City's reviewing staff. 6. DELETED Western Well Field-Test Well Program - R & A Project 626-681-68 As reflected in the memorandum from City Manager Cheney dated December 7, 1982, a letter from Russell & Axon recommended that the Test Well Program for the WeStern Well Field be granted to Persson Drilling Corporation, 4903 Seagrape Drive, Fort Pierce, Florida 33450 in the amount of $97,050. F. Administrative Transmittal of Road Improvement Fees to Palm Beach County See attached. Approval of Change~Orders for Tennis Center Construction Contract See~Summary.~Shee~ ~attached~..!As stated~in the~Memorandum of December 7, 1982 from City Manager Cheney, the original contract przce with Lassiter Construction Company was $498,890 and the price after Change Order 18 is $6,987 less, for a total of $495~962.11. e Approval of Change Order #2 - 1 Million Gallon Storage Tank Perry Cessna, Director o'f Utilities, concurred with the justifi- cation of the Change Order and recommended .it be approved. City Manager Cheney, in his memorandum of December 7, 1982 recommended that the Council concur with thiS Change Order of $14,116 on this project in excess Of $900,000. 4. Approval of Encumbrances - per the City Manager's memo of 12/7/82 for the closing of the books for the 1981/82 fiscal year. - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 G. Approval of Bills Councilman deLong moved that the Consent Agenda be ad0pted,~ which were items A, B (1 and 2), C (1, 2 and 3), D, E (1, 2, 3, 4, 5, DELETE 6, and adopt 7), F (1, 2, 3, and 4); and G. Vice Mayor Warnke seconded the motion. Mayor Trauger referred to B, "Request Approval of Construction Trailers" "1. John Pagliarulo'". He noticed in the other there-. was a time limitation on sunshine Square but no time limit on th~s one. City Manager Cheney inf0rmed'him they are all related to the time of.construction or.the facility. When the facility is constructed, City Manage~r Cheney pointed out, it is done. Councilman deLong explained that on Sunshine'Square, you are going into a finished development so~.~"the~efore.~ there~..is a time limit set on it because you do not ~want that trailer there in a busy shopping center, but Pagliarulo is a new project. Mayor Trauger then called attention to "Bids, 2~ One (1) New Vibratory Plate Compactor - Public Works" He thought this was a chastisement of American industry When they have to buy a Japanese compactor from an American dealer whO loses out on the thing by $430, which was substantial enough to justify the bid to the Japanese.~ If_the American Great Free Enterprise cannot compete successfully, Mayor Trauger advised, "Let them lose .the bid, ' but he was merely making the comment, seeing that they have to keep using Japanese equipment. City Manager Cheney pointed out that it is an American firm that is agent for them. Mayor Trauger pointed out in item "F. Administrative, 1", they transmit the road improvement fees to Palm Beach County. He asked what the record of what comes back on that is. City Manager Cheney answered that those dollars have to be spent in those two zones, and those two zones are identified on that map; so all of that money gets spent in those two zones, plus general accounting money can also be spent in those~two zones~ _City Manager Cheney emphasized that that m°neY, as collected, ~as to be spent in the zone that it ~is~cOlteC%ed from. Councilman deLong added, "less the amount for administrative handling by the City." He said the City gets a rebate on it. City Manager Cheney stated that the big opgn ended issue in this business is that money that was not collected while the whole thing was pending in court. City Manager Cheney informed the Council that the City is'waiting to hear the wisdom from the County as to how it is going to be handled, and they may wait a long time, but it is up to the County to tell the City how to do it. By the way, City Manager Cheney added, th~t~money is County money. The decision is a County decision, which the City gets involved with, partly through Vice Mayor Warnke's involvement with N~ P. O, but ihs County decides. It is their money. Councilman deLong wished to have an accounting for the whole year as to what these costs or funds were (the change orders for the Utility Department). - 14 - . MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Mayor Trauger asked Councilman deLong if he wished that to be an amendment to his motion or a separate motion. Since they were discussing the Consent Agenda, Councilman deLong thought it could just be a request. Mayor Trauger told City Manages Cheney the Council would like to have a report of the change orders as they pertained to the items they have been approving on the Consent Agenda. Mayor Trauger asked Councilman deLong, "From when?" Councilman deLong wanted the fiscal year's report. City Manager~Cheney assured the Council they would do the report with an explanation of what they were for because some of them are on the wells. Councilman deLong~ asked, how many wells they anticipate in that field with that $97,000 contract. City Manager Cheney informed Councilman deLong those are fifteen test .wells. Councilman deLong~asked if they would cap them and then if we need them~ that will be it. City Manager Cheney answered that 'they will all be capped, but they will be done, analyzed, soiled, the quantity of water and all of that. Then they are all capped off, City Manager Cheney continued, and then they will continue with studies as to what the water generation potential is and where is the best place to go into the formal construction of wells in the west end at some time mn the future. At the same time, City Manager Cheney said they were investigating and will be back to the Council relatively soon, he hoped, with a question of where the next water plant will be and all of that kind of thing. Ci~y.~Man~ger~-Cheney advised that the new master plan for the water system is proceeding along the way. A vote was taken on Councilman deLong's motion to approve the Consent Agenda, and the motion carried 5-0. BIDS None PUBLIC HEARING - 8:00 P. M. None DEVELOPMENT PLANS None LEGAL Ordinances - 2nd Readinq - PUBLIC HEARING None Ordinances - 1st Readinq Proposed Ordinance No. 82-51 Re: Rezoninq - Monahan Property In connection with this proposed rezonmng Ordinance on the Monahan - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 property, City Attorney Vance's office submitted a memorandum to the City Council, and he believed, all Members had received copies of the memorandum. City Attorney Vance felt the City Council may wish to take that memorandum.into consideration in connection with these proposed Ordinances. Vice Mayor Warnke noted there has been some controversy over this particular issue and, after consultation with the City Planner and the City Attorney, he felt that the so-called spot zoning of the Monahan property could be resolved with more study. Vice Mayor Warnke moved that the City of Boynton Beach initiate a proposal to rezone Lots 60, 61, 62, 65, 66, and 67 that are bordering on South Seacrest Boulevard in the Crest View Sub- division to a category of C-l; that this proposal be submitted to the Ptan~ning and Zoning Board for proper noticing and public hearing, and that the Board's recommendations be then returned for the City Council's approval. Vice Mayor Warnke stated that this motion'also postpones the Ordinances presented tonight (which would be Ordinances Nos. 82-51 and 82-52) on first read- ing regarding rezoning and land use of Lot 62 less the right-Of- way of Seacrest Boulevard, as in O.R. 2782, page 458, Crest View, according to the Plat thereof on file in the office of the Clerk of the Circuit Court, Palm Beach. County, Florida, recorded in Plat Book 23, Page 154, until the City staff submits its recommendations to the City Council. In other words, Vice Mayor Warnke told the Council, this motion will rezone all of th©se lots facing on Seacrest if the Planning and Zoning Board, in public hearings, indicate this is advisable. Vice Mayor Warnke explained that the Planning and Zoning Board will report back to the City Council for further consideration. Mayor Trauger noted that Vice Mayor Warnke was asking that they be rezoned. He asked if they do not refer back to the recommenda- tion as a consideration of the whole category to the Planning and Zoning Board, and not instruct them specifically to rezone it. Vi~ce Mayor Warnke advised that he was initiating that the City proposes the rezoning, and it is up to the Planning and Zoning Board ~o determine whether or not it is feasible. He said he was not instructing them, Gouncilmemember Woolley asked if anyone seconded the motion for the case of discussion and wondered if it was clear. Councilman deLong seconded the motion. Mayor Trauger repeated Vice Mayor Warnke's motion. Councilman deLong thought it would be more specific if they would include~ from S. E. 23rd to S. E, 21st on the east side. Councilman deLong reiterated that he thought it should be specificEas to that one strip in there from S. E. 23rd north to S. E. 21st~, ~.He said that would take everything from the corner, the south side, the south- east corner of 21st, .right down to the northeast corner of 21st. - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Councilmember Woolley had a question,~which she thought perhaps Mayor Trauger could answer for her. She asked what if these people (Lots 60, 61, 65, 66 and 67) do not care to be rezoned. That was what Mayor Trauger was getting to. Councilmember Woolley also called attention to the fact that the people who came to the Council or that applied for a petition to rezone were here for themselves and probably do not care what Lot 61 all the way through 67 is zoned. Councilman deLong pointed out that the th~ng~they have to take into consideration was when the Monahan application came in, those people within the proximity of 400 feet of that residence were all notified, and there were no objections whatsoever, so there was nothing that would leave Councilman deLong to believe that they were going to have objections now because, now they were accommoda- ting other people who heretOfore also were going to request it, got as far as the Planning and Zoning Board, came before the Council, and then withdrew. Councilmember Woolley told Council- man deLong he objected to it. Councilman deLong retorted, "Because it's spot zoning, and if you read the minutes, it speci- fically states that I am for, and I sympathi.ze,~Jbut I wouldn't vote for spot zoning; and I recommended at the last meeting that instead of spot zoning or. approving spot zoning, that what you ahoulddo is turn it back to the City Planner and also the Planning and Zoning Board, for'them ~o~come.in with~their recom- mendations, but nobody would listen to me?i" Councilmember Woolley asked, "But you would be in favor of rezoning Lots 60, 61, 62, 65, 66, and 67?" Councilman deLong answered that he would be in favor of the entire strip. Councilman Wright and Mayor Trauger agreed Ghat was what they would sa~ too. The point Councilmember Woolley was making was that these people paid their money up front for a specific purpose. Councilman deLong said, ]~Allright'~ they hetpedtheir neighbors. He commented, "Let their nemghbors chip in." There were boos from the audience, and some .man remarked, "No way~" Councilman Wright wanted to hear from Carmen Annunziato, City Planner. Mayor Trauger asked City Attorney Vance how they should word this to keep. from'the tying up of these specific lots, or a~ea~''as~to--h~w~it-'should go. City Attorney Vance thought they could either refer to the specific lots or refer to a general geographic area between street so and so and street so and so. He thought either type of verbage would accomplish the purpose. City Manager Cheney suggested the Council ask the City Planner to study the area between 23rd and 21st relative to an amendment to the Comprehensive Plan and/or an amendment to the Zoning Ordinance. City Attorney Vance added that the City Council does have the power to initiate a proposed rezoning. - 17- MINUTES - REGULAR cITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Councilmember Woolley thought that was great and good and well. She began~to say~.what.her point was when she was interrupted by Council- man deLong asking, "Would you rather have the spot zoning or would you rather take the whole strip?" Councilmember Woolley thought it was a wonderful idea, She.thought it should all be that way, and she though~ there were probably a lot of o~her areas along Seacrest that ~hould be included. Councilman deLong pointed out that they were not concerned with the other areas now, they were concerned with this one'. · Councilmember ~[°olley asked if these People Were reimbursed for their time and effort or if this was tough, luck. She called attention to tile fact that they were approved last week. Council- man deLong adw.sed that you are not approVed until you adopt the Ordinance. He repeated that it is not final until you adopt the Ordinance. Councilman Wright asked Carmen Annunziato, City Planner, what is involved in this process and asked approximately how much time it would take for the Planning and Zoning Board to .review it and get it back to the Council. In order for this application or this series of requgsts to come back to the Council, Mr. Annunziato said they would first have to initiate a~pubtic hearing aCtion which requires a thirty day notice prior to the Planning and Zoning Board hearing a~d, of Course, approximately a week to pre- pare the proper property owners' lists. He said they were probably talking about coming back to the City Council sometime in F~bruary, 1983, at which time the City COuncil would act in a public hearing session'again, he presumed, to address the issue, which Mr. Annunziato thought they would have to, of changing a zoning category for not just one lot but for a series of lots or a geographic area. CoUncilmember Woolley asked Mr. Annunziato if he thought this was feasible and advisable and if he thought it was a good idea to have all of these lots rezoned. Mrl Annunziato thought it would overcome the spot zoning issue, and that is the only way to over- come the spot zoning issue. Councilmember Woolley asked if he thought it was a good idea, as he was more familiar than anybody with the entire area. In terms of land use and zoning, Mr. Annunziato said he COuld go back to the recommendations that were made initially where the Planning Department responded to the Planning and Zoning Board that they felt there were some serious issues involved with land use conflicts. He stated that this does overcome 'the spot zoning issue, and Council can make a finding of consistency with the ComprehensiVe Plan for this area if, in the CoUncil's opinion, it is consistent with the Plan. That was the impression that Mr. Annunziato.had as they left the last Council meeting. To overcome the issue of taking one lot which is totally surrounded by residential properties and placing it in a - 18 - · MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 commercial category, Mr. Annunziato believed they had to follow the procedure as outlined by City Attorney Vance. In his discussions with Mr. Annunziato on these properties, Vice Mayor Warnke asked if in the motion they encompassed everything from 21st to 23rd. Councilman deLong answered that if he wanted to mention geographically or specifically; that was all right; it is the strip. He emphasized that he would vote for the strip. Councilman Wright asked 'if they were saying they woUld not get any objections from the neighbors in that a~ea in the event that the Planning and Zonmng Board takes it up as soon as Mr. Annunziato can prepare what he needs to get done. Councilman Wright thoUght the Council should be able to make some type of decision by the latter part of February or by 'the first meeting in March. Mr. Annunziato answered', "Absolutely." He could not imagine it wouldn't come to the Council for their first n~eting in February unless there were extenuating circumstances that he is not aware of. Mr,. Annunziato estimated it would probably be the first meeting in February for the Planning and Zoning Board and then probabtY a week later for the Council for public hearings. It would be the first or second week in February for the Council's action. If the rezoning is'done on the City3s part, then Councilmember WoOlley determined those citizens would not. p&y a fee. Mr. Annunziato said it would be at the City's expense. Councilman Wright guessed the staff did not proceed to~do anything else from the last meeting because they did not know in which direction the Coundil wanted to go. He felt from the very beginning that they should take care of all the lots along that street. Councilman deLong pointed out that he recommended it, but Councilman Wright did not vote that way. Councilman Wright had reservations about some other things down the line, but he said he wants to see all' of it done that way now. City Manager Cheney thought the instructions to theCity Planner should be that he study this areai and City Manager Cheney did not think they should'~prejudge what the answer ms and what the Planning and Zoning Board does. Councilman deLong interrupted to say, "What their recommendation is. The answer will rest with the Council." Mayor Trauger called attention to the fact that the motion was specific in lots. He asked if anyone wanted to amend that to include the area 'rather than specific lots. Councilman deLong said he would amend it to include the area. Tereesa Padgett, City Clerk, advised that there were people want- ing to speak. Mayor Trauger said the motion was still on the floor for discussion. Councilman deLong advised there was a motion on the floor and they should stick to the parlimentary procedUre. Mayor Trauger announced that they had to take care of the motion first. - 19 - MINUTES - REGULARs'CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 5, 1982 Mayor Trauger repeated Councilman deLong's motion to amend Vice Mayor Warnke's motion, which included the area ~©~n ~the~.east side of Seacrest from %he sout'h side of 21st Avenue to S. E. 23rd Ave. Councilman Wright observed that people came to speak, and he felt it was unfair for the Council to vote before they can 'speak. C~uncilman deLong said they had to take care of ~he motion first. Councilman deLong advised that the council i's guided-'by parlimentary procedure under Robeutis Rules of Order. Vice Mayor Warnke seconded the amendment. Mayor Trauger again repeated the amendment and said it included the area on~the-~ east side of Seacrest, those lots facing Seacrest from 2ist to 23rd. He asked if there was any discussion on the amendment. Councilmember Woolley noted they were including the lot that was in question tWO w~eks ago. 'She asked if the motion would supersede anYthihg that they had done before in relation to this. In other words, Councitmember Wooltey said ~they were cancelling out that request. Councilman deLong interjected that they were postponing an action on a request until such time as they get the recommenda- tion and report back from'the City Planner. Mayor Trauger commented that it takes the Ordinance to put this through, and if they delay the Ordinance, there has been no action taken, as he understood it. City Attorney Vance confirmed that was correct and said that technical!~l when.-~hey~.receive ~the report, they can either consider the entire area or.they could, at that point and time, take up the Ordinances relating specifically to Lot 62. On discussion on the amendment, While they were looking at the area now for a review to the Planning and Zoning Board, Mayor Trauger wondered if anybody would want to consider (for the other part of SeaCrest) the west side of Seacrest from 2nd Avenue down to 5th k~enu'e on the west side. A vote was taken on the amendment, and the .mo~ion Carried 5-0. The Council began to tame a vote on the motion when Frank A. Kreidler, Attorney for Julie W. and Susan L. Monahan, 521 Lake Avenue, Lake Worth, Florida, wished to be recognized. Council- man deLong advised, "Back to the motion." Mayor Trauger told Attorney Kreidler, "After the motion is c~eared~ yes." Attorney Kreidler asked if the motion wasn't to sort of tahte the action on their request." Mayor Trauger said they were going to vote, and he would hear anyone on it after this. Councilman Wright did not think it was right. There were some shouts from the audience, and Mayor Trauger advised he was onto a matter of parlimentary procedure of taking care of the motion. He asked City Attorney Vance if he was correct. Councilmember Woolley expressed that the people had been wait- ing. Since Attorney Kreidler was obviously concerned about - 20- MINUTES - REGUi BOYNTON BEACH, substantial ri, this motion, h~ Councilman deL( in order to he~ seconded by Co~ Attorney Kreid] applied for thc was trying to ~ confused. His bAR CITY COUNCIL MEETING FLORIDA DECEMBER 7, 1982 hts relating to the action that. will result from thought he should be permitted to speak. ~ng moved'to ~suspe~d iwith Robert.'s Rules of Order Lr some people on the subject. The motion was ~ncilmember Woolley and carried 5-0. .er, representing Julie W. and Susan L. Monahan, who ~ rezoning of their property on'South Seacrest, 'ollow the Council, and he thought some of them got best recollection of what the Council had now was a motion to so~t of table action on the two Ordinances regarding rs. Monahan's property and to include MrS. Monahan's property and ou~ or ~i~ o~he~ ~ots. As far as City. Council initiating a re' zoning os tnos~ WhOle five lots, sending, it back to the Planning and Zoning Board and the Planning Department' for t~ ~ir comment and then it coming, back here around the firstmeeting in February, Attorney Kreidler asked if that was where they were at. Mayor Trauger said that was correct. Just so he underst'ood it from Mrs. Monahan's point ~f view, Attorney Kreidler believed Carman Annunziato, City ~lanner, said the other people in those lots, if they have not ap )lied (and Attorney Kreidler knew there was one application per,ding anyhow), they are not going to have to pay the $300, and the City Council will take care Df notifying all of the people withi~ 400 feet, notices, and whatever else has to be done. From At~orney Kreidler's understanding of what was transpiring tot thought it was ~he best that they could hope fo~, a~'ight' he they were certainly in favor of rezoning Mrs. Monah6'd he said .n's property. If that necessarily includes the rezoning of the ot?er four lots to meet the desires a~d wishes of the Council Membezs here, AZtorney Kreidl~r said they were in favor of that, end he did not think they care~[ if somebody else benefits by the property as long as Mrs. Mo]~ahan gets to use her property for t~e use she wants, which At~orney Kreidler thought would certainly benefit the senior citizens here in Boynton Beach. The only probler which Attorney Kreidler wished to bring up to the Council was as-he pointed out at the last meeting, 'Mrs. Monahan is runn~ ng her business mn a little office building right now. She is bUr.:ting out at the seams at that building and needs some action fro~ the Council as soon as possible. Attorney Kreidler was soz.t of encouraged when Mr. Annunziato ~aidhe thought it could be before this body at their first ineeting in February, altho~igh that still is a lot longer than they would like to go. If it ~'as the best they could do, Attorney ~reidler said it was the best they could do. Like the City seys, Attorney Kreidler said they would look after this the best tley could and move it along with all deliberate speed. He hoped that was the Council's position - to move it along as fast as possible. That was all Attorney Kreidler had right now, just to ask for speed in the resolution of this problem. - 21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Attorney Kreidler knew there were some other people signed up that were concerned and wanted to speak regarding a rezoning, although he did not know if they wanted to go ahead in light of the new developments. He added that if the Council waived the rules for him, maybe they could sort of carry over to those other people too. As far as the Council was concerned about eixpediting, Councilman deLong thought Attorney Kreidler had enoug~ experience to know that there has to be a certain period of time after advertise- ments, so on and so forth. As far as the City is concerned, Councilman deLong believed, that the City M~nager would arrange to expedite it as soon as it is possible, iThat was Councilman Wright's understanding of this entire process, that they move immediately to see that this is done. He said he would like to see it done before the end of March, 1983. Allen L. Polak, 645 West Ocean Avenue, Boynton Beach came before the Council. Mayor Trauger asked him if he was adjacent to this property. Mr. Polak replied, "No. I'm one,West Ocean." He spoke on this a few times already. Mayor Trauger asked.him what his interest in this was. Mr. Polak answered that he was just a citizen. Mr. Polak did not know who makes the rules and how they get broken, but he said it was publicized as a second hearing; it was voted on at the last meeting; they had quite a discussion about it; and he really could not see how they could change it after they have already publicized something, had a vote on it, and it was supposed to be brought up for second hearing. Mr. Polak felt that the last meeting was the place fOr people who knew what was going on, and if they felt that they wanted their property rezoned, they would have been here fighting for their reZoning as well. Mr. Polak did not want to attack Councilman deLong, but he noted Councilman deLong talks about spot zoning. Mr. Polak had a very active business going in the City of Boynton Beach about two years ago. He had two beautiful sales going until they found out the Holiday Inn was spot zoned and changed. Mr. Polak recalled that was voted in, and all of a sudden, the Holiday Inn went up. Mr. Polak did not know whether Councilman deLong talked about spot zoning or not, but he believed that was spot zoning. Councilman deLong advised that it was spot zoning on a split vote. Had he been a Member of the Council, Councilman deLong would have voted against it. Mr. Polak argued that it was spot zoned, and Councilman deLong was on the Council at that time. Councilman deLong informed Mr. Polak he was wrong and should look at the record. Mr. Polak said it was still spot Zoned. Councilman deLong repeated that he was not on the Council. Mr. Polak did not think it was fair to go ahead and make someone else wait for two or three more months. Councilman deLong wished Mr. Polak would correct his statement, - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 as he was not on the Council at the time. Councilman deLong said he has been serving the public for 54 years and has never voted for spot zoning and never will. He said that was the reason why they have the problem in this entire City, where they have commercial backing up to R1AA, where they do not have a buffer inbetween. Councilman deLong said that was why the zoning in this City took so long to get straightened out, because it was so "fouled up." Mr. Polak retorted, "It's probably still fouled up, right?" Councilman deLong replied that they were trying to straighten it out. Mr. Polak said, "Let's straighten it out the way we are supposed to straighten it out." Councilman deLong replied that was what they were doing here'tonight, trying to straighten it out, get some uniformity; and stay in with the concept of the Land Use Plan. Mr. Polak asked Councilman deLong how they could straighten it out, when they already voted something in last month, and they already publicized it in the papers for the hearing here tonight, and now they are changing it. He said half the people here came for this. Councilman deLong told Mr. Polak he was wrong. He did not have the proper concept on the operation of the order of business. Councilman deLong informed Mr. Polak that they voted to have the Ordinances prepared'. The Ordinances are prepared. Until those' Ordinances have a public h~aring. (this i~ ~the~.first reading of the Ordinance) and then they vote upon the. adoption or rejection, Councilman deLong pointed out that it is not final. He told Mr. Polak he was way ahead of the story. Councilman deLong told Mr. Polak what the Council was doing was trying to resolve something that is going to please everyone, and everybody will get their fair share and a fair recognition. Mr. Polak asked, "Did the Council not vote this last meeting on a vote to allow a rezoning and then have a~rehearing?" Councilman deLong answered, "To prepare the Ordinan~esp 'by~ta' 3~2 vote." Council- ~Wright brought Out.to~ightwould be the hearing. ~Mr. Polak repeated what-Councilman Wright said and added, "to find out how~>the people would think,about it." At the end of that vote last week, City Manager Cheney said he made it very clear so that Attorney Kreidler ~would understand, and he did, that the only action last week waS~to instruct that the Ordinances be prepared. Ordinances were prepared, and City Manager Cheney said tonight is the first reading. Normally, he said, there is a public hearing on the second reading, and the second reading would come two weeks fr.om tonight. City Manager Cheney said the process the Council is going through was made clear last week, and Attorney Kreidler understood it. If there had not been this issue, the first reading of the Ordinance would have gone on, and then the second reading would have gone, and there would have been a public hearing at the next meeting. City Manager Cheney advised that the vote, techni- cally, last week was simply to tell the staff which way to pre- pare an Ordinance - for or against. The instructions were.to prepare it for. City Manager Cheney continued by saying an - 23 - 'MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Ordinance was prepared for. As a part of that.discussion of that Ordinance in its first reading, City Manager Cheney said the Council went through this process to decid~ what to do. He said the vote last week was technically simply to tell them how to write an Ordinance. City Manager Cheney knew Attorney Kreidler understood that. The only thing Mr. Polak could say then to end .it was that they were going to put it back to the Planning and Zoning Board. The Planning and Zoning Board fought pretty hard against the rezoning for one parcel of land. He asked how they were going to feel about it when the Council goes to them and ask them to rezone it for a whole parcel. Councilman deLong answered, "Because we have a good, sensible. Planning and Zoning Board that knows the difference between zoning the entire distance from 23rd to 21st and putting spot' zoning in there." Another thing Councilman deLong wanted to tell Mr. Polak was not to be bashful about heckling him because he has been heckled by pros and it does not have any effect on him. Councilman Wright told Mr. Polak that the Council has gotten recommendations from the Planning and Zoning Board and, as Mr. Polak knows, it is required that they receive the recommendations. He thought, if Mr. Polak noticed, that they have not always voted to concur with the Planning and Zoning Board's recommendations. Councilman Wright thought two weeks ago the Council got a recommendation from the Planning and Zoning Board not to approve this spot zoning. He said some of them voted to support it. In politics, Councilman Wright guessed you learn' over a period of time a thing called how to compromise. It seemed to Councilman Wright that there was some unreadiness, that some people did not particularly like to pursue the way it was voted upon two weeks ago. Councilman Wright.asked, "Why not wait another month sure everybody is satisfied?" He thought the Planning and Zoning Board knew, more or less, how the City Council wants to go with that piece of land and was hoping they would support that. Vice Mayor Warnke said they were not rejecting that. Mayor Trauger repeated that Vice Mayor Warnke moved that the City of Boynton Beach initiate a proposal that the Planning and Zoning Board will restudy the area on the east side of Seacrest from 23rd to 21st Avenue and that this proposal from the Planning and Zoning Board, with proper noticing, public hearing, and the Board's recommendations then be returned to the City Council for approval, that this motion also postpones until the Council receives the staff recommendations and the recommendations of the Planning and Zoning Board, the Ordinance~ 'presented tonight regarding rezo~ing and land use of Lot 62 less the right-of-way of Seacrest Boulevard, as in O. R. 2782, page 458, Crest View, according to the Plat thereof, be postponed. Councilman Woolley commented that the way it is presented, it is possible to vote against it if you are for it and for it if you are against it. - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 At the request of Mayor Trauger, Tereesa Padgett, City 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 Motion carried 5-0. Councilman deLong moved, seconded by Vice Mayor Warnke, to revert back to Robert's Rules of Order. Motion carried 5-0. Resolutions Proposed Resolution No. 82-QQQQ Re: Authorizing execution of Library Service Aqreement with Palm Beach County City ~Attorney. Vance read proposed~Resolution No. 82-QQQQ by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF THE LIBRARY SERVICE A~mFN~NT BETWEEN THE CITY OF BOYNTON 'BEACH AND PALM BEACH COUNTY." Councilman deLong moved the adoption of prop,osed Resolution No. 82-QQQQ, seconded by Councilmember Woolley'.-- No discussion. A roll call vote on the motion was taken by Mrs. Padgett, City Clerk, at the request of Mayor Trauger: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-RRRR Re: Distribution of Sales Tax (Requested by Vice Mayor James R. Warnke) City Attorney Vance read proposed Resolution No. 82-RRRR by title only: "ARESOLUTIONOFTHECITYOFBOYNTON BEACH, FLORIDA, ENDORSING THE FORMULA FOR DISTRIBUTION OF S~T.v.S TAX." Councilman deLong moved the adoption of proposed Resolution No. 82-RRRR, seconded by Councilmember Woolley. No discussion. Mrs. - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Padgett, City Clerk, took a roll call vote on the motion, as requested by Mayor Trauger: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-SSSS 82-VVV Water and Sewer Rates Re: Amending Resolution No. City Attorney Vance read proposed Resolution No. 82-SSSS by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 5 OF RESOI/frION NO. 82-VVV BY INSERTING ADDITIONAL NEW WORDING IN SECTION 5; PROVIDING FOR REPEALING PROVISIONS AND AN EFFECTIVE DATE." Councilman deLong moved the adoption of proposed Resolution No. 82-SSSS, seconded by Councilmember Woolley. No discussion. Mayor Trauger requested a roll call vote on the motion to be taken by Mrs. Padgett, City Clerk, as follows: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. LEGAL Other Acceptance of Deed from Palm Beach County - Cherry Hills Councilman deLong moved, seconded by Counci'lmember Woolley, to accept the deed 'dated Oct. 19,. 1982 from'Palm. Beaeh-~ou~ty~-forlotsinCherry Hills. No discussion. Motion carried 5-0. Discussion relative to continuing Board Member participation of announced City Council Candidates (Requested by Councilman Joe deLonq Councilman deLong brought this up as he understood if they are - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 engaged in such an action, that the State now has declared that you must resign. He asked if that was so. City Attorney Vance answered, "No sir." He advised that they submitted a memorandum on November 16th. City Attorney Vance informed the Council that the State has preempted the area by the adoption of legislation, and there is a very current Attorney General's opinion directly on point, issued on October 29, 1982, which, in effect, says that you cannot require such a resignation. Councilman deLong was of that impresszon. That was the reason he brought' it up. He understood it had been changed, and now Councilman deLong said he found out it has not been changed. His reason for bringing it up was at the time someone was a candidate who was a Member of a Board, it would be the best thing to do - to step aside until such time as the results of the election were known.. _~uring the campaign, they would not sit in ontheBoard, because they may be accused of favortism by whatever vote they cast. Councilman deLong thought it was a good idea to have them step down~ Councilman deLong pointed out that the City does not want to lose the services of good,people. Therefore, he thought they would only be stepping down and if they did not make it in the election, they would come right back on the Board. Councilman deLong advised, "Don't make a replacement until we found out what the results of the election is because they are only going to miss about three meetings at the most. Councilman deLong thought that would be good policy to have them, for their own sakes also, because you know how you get criticized. Councilman deLong meant as long as a person is a candidate, if they do give a decision one way or the other as a Board Member, right away they are doing it for political purposes. Councilman deLong wanted to keep the "heat" away from them. That was the reason he recommended it. Mrs. Padgett, City Clerk, requested City Attorney Vance to send a copy of that to her office so they would have it for our candidates. City Attorney Vance assumed a copy had gone to Mrs. Padgett. Councilman deLong moved~that they ask Board Members who are going to be candidates,, to step aside until after the results, after they file for public office to not attend any of the meetings and not serve on the Board until they get the results of the election. Mayor Trauger asked if they could attend the meetings. Councilman deLong said they could attend the meetings. He asked City Attorney Vance if the motion would be proper. City Attorney Vance advised that they could not. Councilman deLong asked if they could recommend it. City Attorney Vance replied that they had no legal power to require the Board Members to resign. Councilman deLong pointed out that theY were not talking about having them resign. They Were talking about having the Members step down until the results of the election are known. - 27 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 City Attorney Vance said the Council could not legally require that the Board Members step down until the results are known. Vice Mayor Warnke asked if they could be restricted from voting. City Attorney Vance answered, "No sir.' Councilman deLong moved that they request. Councilmember Woolley had extremely mixed emotions on that because she knows a lot of people who have recently run for the State Legislature, and they had to leave their posts in the Municipal League, etc. Councilmember Woolley did not think it was right. She pointed out that you are losing a valuable person and a person who would help with the continuity through to the next people who come in. She saw Councilman deLong's point, and thought if those same people who are running for an office, whether it be Council or higher up, if they use that office for their advantage, the Council will know it right off and everybody else will, and Councilmember Woolley did not think they deserved that post. "After they are elected, so what happens?", Councilman deLong questioned. Like Councilmember Woolley said, Councilman deLong said, "Think what a stigma it would create. You would know that they did it." If they would do it on the Board, Councilman deLong asked if it would not be a possibility they would do it on the Council. Councilmember Woolley said she would hope that no- body they put in those Board positions would use that to their advantage. Councilman deLong moved that the Council recommend that they step aside until the results of the election are known, after they file. Councilman Wright seconded the motion. Mayor Trauger repeated the motion that the City Council recommend that Members of City Boards who file for City Council do not serve on the Boards during the period of their candidacy. If not elected, they resume their positions on the Boards. City Attorney Vance believed that a couple of our Boards have an attendance requirement. Councilman deLong said it was not a question of not attending. The question is attending~ Council- man deLong said,'"You can't do damage by not attending if you are a candidate, and the only time you could do damage is if you attend.' City Attorney Vance advised that this motion was slmpty a request, and it would not require the Member to resign. Councilman deLong agreed it was only a request. Councilmember Woolley thought the Members would be foolish if they did resign. Councilman Wright understood Councilman deLong's rationale. He thought it was good. He said it'~was not a guarantee that people will come automatically even if they lose the elect~on. Council- man deLong assured Councilman Wright it was 3ust a request. It's protecting them as much as it is protecting anyone else. Council- man Wright was saying if they resign, unless iq is an agreement from the Council that they automatically - Councilman deLong interrupted Councilman Wright to say they were not going to resign. - 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Councilman deLong assured Councilman Wright that the Board Members are not going to resign. The Council is just asking them not to serve during the period of their candidacy. Councilmember Woolley stated that she would be furious, if somebody asked her that. Councilman deLong thought it would help them from a political standpoint. He' said he knew he would not want to sit on a Board and make decisions if he was a candidate because you sure enough would be accused of a lot of favortism, so you are helpmng yourself. Councilman deLong withdrew his motion, and Councilman Wright withdrew his second to the motion. Train Whistles (Requested by Mayor Walter "Marty" Trauqq.r. In meeting with the Mayor of Boca Raton and Delray Beach last week, they requested that Mayor Trauger bring to the City Council for their support an'attempt to get the train Whistle silenced along the right-of-way here where_there are protective qrade cross- inqs. By going from the City of Delray Beach and the City of Boca Raton, they requested that, if the Council approves, that they have the .City Attorne~with the City AttOrneys of Delray Beach and Boca Raton, draw UP the proper requests or resolution-from the City expressing the City's view on this so that the trains would either diminish or not blow at protective crossings only. Mayor Trauger said they have to blow because of the legal liability at unprotected crossings. Mayor Trauger said this would then be forwarded to the Palm BeaCh County Commissioners, and they would send it to our legislative liaison because this subject is coming up in the State Legisla- ture. If the City Council so agrees, Mayor Trauger said this was moving our action in concert with the other ~three cities. Hope- fully, Mayor Trauger said, it works through Palm Beach County. Vice.Mayor Warnke moved that the City Council instruct the City Attorney to get together with the City Attorneys of Delray Beach and Boca Raton and draw an appropriate Resolution from the respec- tive cities that they ask the Palm Beach County Commissioners and the State Legislat±ue delegation to promote their proposal that trains on the railroads passing through our communities refrain from blowing the whistles or diminish them at protected crossings only. Councilman deLong seconded the motion. Councilman deLong remarked that he was the villain who, mn 1959, proposed an Ordinance in the City of Boca Raton, as the Mayor, setting the speed limits of the trains going'through the City and ticketing the engineers when they exceeded it. Councilman deLong expressed that he was definitely in favor of this. Councilmember Woolley questioned the liability if the crossing is not working properly. Often that happens, Councilmember Woolley pointed out. She asked, "Wouldn't the City be liable? Normally, they blow their whistles." City Attorney Vance said there would have to be a legislative change. There is presently - 29 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 a Florida Statute requiring it. Mayor'~Trauger~d~ed~that this Statute, from the railroad's viewpoint, ms being examined. That is the purpose of getting our act in now. Vice Mayor Warnke lives very close to a crossing. He referred to one engineer who goes through at night who he would like to compliment because he proves that it can'be slowed down. Mayor Trauger felt from the point of vie~ that ~a .lot of our citizens have raised this question over the many yea~s he has sat here~ ~nd in justa few short years, he has heard it about four or five times. With a little mass action from the other cities, Mayor Trauger thought perhaps we have a point, and he felt it was worth pursuing. Councilman Wright was reminded of people who lost their lives at crossings. Mayor Trauger called attention to the fact that this was at protected crossings only. Councilman Wright retorted it was not always guaranteed that they work either. That was what worried him. Mayor Trauger connnented that the only person that gets hit is the guy who ducks around the gates. Councilman Wright disagreed and thought they were making a big mistake. A vote was taken on the motion, and the motion carried 4-1, with Councilman Wright voting against the motion. Mayor Trauger announced that Steve Cohen, reporter from the Sun Sentinel, was present tonight, although Mr. Cohen needs no recognition. Everybody knows him. Proposed Annexation (Requested~by City Manaqer Chene¥) City Manager Cheney referred the Council Members to a map on the wall and said the very top purple corner at Hypoluxo Road is a corner at Hypoluxo and High Ridge Road. City Manager Cheney said it was a request to consider annexation. It is contiguous to the City, and City Manager Cheney said it will go through the Planning and Zoning Board. Carmen Annunziato, City Planner, informed the Council that it is 11.2 acres. City Manager Cheney further stated that it is proposed as a nursing home and health center kind' of activity. City Manager Cheney said they bought not only this corner but, apparently, they bought a little bit of land south of there, which is now owned by High Ridge Country Club development. City Manager Cheney explained that the procedure was that it should come to the City Council, then they refer it to the Planning and Zoning Board, and then it goes through all of the public hear- ing processes, normal review, and comes back to the Council later on with all of the Ordinances. - 30 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Councilman deLong moved that the application for annexation of Southern Senior Group, as stated in the Memorandum from Peter Cheney, City Manager, dated December 7, 1982, be forwarded to the Planning and Zoning Board and 'the City Staff for processing. The motion was seconded by Vice Mayor Warnke. No discussion. Motion carried 5-0. Settlement on Water and Sewer Easement City Attorney Vance had a settlement. He only had three parcels left in this one. City-Attorney Vance informed the Council that he had a proposed settlement on parcel 3-1. He explained that it was Boynton Beach vs. Knollwood Orange Grove. City Attorney Vance said they originally had about 12 parcels. He thought he was down to about 3. He had proposed settlements on two parcels (3-1 and 4-1). On 3-1, City Attorney Vance recommended a settlement for $4,125.00, and on parcel 4-1, he recommended a settlement of $19,875. City Manager Cheney said those were sewer line easements between Congress Avenue.and Lawrence Road, where the C~ty put the force main in and put the lift station out on Lawrence Road. For the benefit of Council, City. Attorney Vance said they started their original position that these eaSements diminish the value of land by 25~. The owners are at .75%. With smaller parcels of this type, City Attorney Vance told the Council, juries tend to split the difference. They do not quite believe either side. City Attorney Vance reported that he is settling at 50%, which is what it translates to in money figures. If he goes to'trial, City Attorney ~ance said he could probably hit at leas% that, but he would have paid attorneys' fees for three days of trial, appraiser's fees of $600 a day for both their appraisers and our appraisers, and he would tend to probably end up spending more money than if he goes ahead with a settlement on this basis. City Attorney Vance, therefore, recommended settlement. Councilman deLong moved to accept the recommendation, seconded by Councilmember Woolley. Motion carried 5-0. OLD BUSINESS Consideration~of Appointments to Tri-City Cultural Committee (Postponed from November 16, 1982 City Council Meetinq) Councilman deLong believed the Council went through the procedure With, the nominations. Mayor Trauger said they did. Councilman Wright stated that they got a report back. Mayor Trauger announced that the ones that were selected by the Council's votes we re: - 31- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Dr. James Buffan Bernard Thomas Marie Shepard Mildred Walker was the Alternate. Councilman deLong moved, seconded by Councilman Wright, to make the appointments. Councilman Wright asked when the group would be meeting. Mayor Trauger answered that they will be meeting at the call of the group from Delray Beach and Boca Raton, and it has yet to be resolved as to when they are getting together. For the Council's information, Mayor Trauger frankly suspicioned a little stalling on the part of Boca Raton until they see how many members they get on the Arts Coun~ii. A vote was taken on the motion, and the motion carried 5-0. Appointment of one Alternate Member to the Planning and Zoning Board Councilman deLong moved that the nominations be'opened, seconded by Vice Mayor Warnke. Mayor Trauger turned the gavel over to Vice Mayor Warnke and said he. had a call from Mr. Stormet Norem, who currently is serving on the Boynton Beach Housing Authority, requesting that the Council consider him for nomination to the Planning and Zoning Board as an Alternate Member. Mayor Trauger added that Mr. Norem is a Funeral Director. Councilman Wright asked if there were any other requests. Mayor Trauger said they had a request previously from Mrs. Gloria Skinner, a Realtor. Mayor Trauger told the Council he talked to Mrs. Skinner today~ Councilman Wright asked if those were the only two requests they got. Councilman deLong advised that Mrs. Skinner is serving on two other Boards. Those were the only two that Mayor Trauger knew of for the Planning and Zoning Board. Vice Mayor Warnke announced that Mr. Stormet Norem had been nominated and asked if there was a second to the motion. Council- man deLong advised they did not need a second. Councilman deLong moved that the nominations be closed. Patricia Ramseyer, Recording Secretary, said they had a request from Henry Hyams. Councilman Wright said someone was saying they had a request from Henry Hyams. Councilman deLong asked if anyone nominated him. Councilman Wright stated that he seemed to have a pretty impressive resume from what he could see in terms of being beneficial. Councilman Wright nominated Henry Hyams. Councilman deLong withdrew his motion to close the nomlnatzons. - 32 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Vice Mayor Warnke announced that Mr. Henry Hyams had been nominated. Councilmember Wootley asked if Mr. Hyams was Presently on a Board. Councilman deLong sai~h~.hasbeen on several Boards. Councilmember Woolley asked if Mr. Norem was presently on a Board. Mayor Trauger'informed the Council that Mr. Norem is on the Boynton Beach Housing Authority and asked to be taken from the Boynton Beach Housing Authority and put with the Planning and Zoning Board. Councilman deLOng noted that Mayor Trauger had the nomination in for the Planning and Zoning Board and asked if he wanted to put Mr. Hyams in the move that' he makes. Mayor Trauger answered that he would recommendMr. Hyams to the Boynton Beach Housing Authority, if he wants. Councilman Wright did not know whether Mr. Hyams was interested in the Boynton Beach Housing Authority. Mayor Trauger said they could ask him. Vice Mayor Warnke said they should finish the Planning and Zoning Board'first and reminded the Members they had the nomination of Stormet Norem to the Planning and Zoning Board. He asked if there were any more nominations for that particular post. Councilman Wright thought they should vote on it. Councilman deLong moved that the nominations be closed, seconded by Councilmember Woolley. Motion carried 5-0. Vice Mayor Warnke announced that Stormet Nor'em would.be.--t~he~ Alternate Member to the Planning and Zoning Board by a unanimous vote. Vice Mayor Warnke asked if the Council wanted to take up the Boynton Beach Housing Authority. Councilmember Woolley thought they should ask Mr. Hyams. Mayor Trauger thought they should ask Mr. Hyams to determine if he would be interested mn serving on the Boynton ~each Housing Authority. Vice Mayor Warnke suggested they put i% aside until the next meeting. He said there may be other people who are interested. Councilman deLong said they had not voted on who they were going to select. Mayor Trauger said they voted on Stormet Norem. Councilman Wright noted they did not ask for a vote on the other. Mayor Trauger repeated that they voted on Stormet Norem. Council- man Wright pointed out that it was not handled the way it should have been. He wanted both names to be considered. Councilman Wright felt they should have asked for a vote fOr both persons. Vice Mayor Warnke said Mayor Trauger amended his motion. Councilman Wright said he had not met Mr. Hyams personally but he reviewed his application that was placed in his mail box and he thought the rest'of the Council got it too. Mayor Trauger did not remember any. Councilman Wright thought the City staff placed them in the boxes. Vice Mayor Warnke advised it was put aside in order to nominate Mr. Hyams to another Board. That was not what they decided, Councilman Wright pointed out. He said they wanted both names to be considered. That was Vice Mayor Warnke's impression. Mayor Trauger wondered how they could get this straightened out. - 33 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Councilman Wright suggested they vote. He said both names are in nomination, and that is the way it stands. Councilman deLong advised that whoever has the gavel should take the name that is going to be voted on. He asked if they wanted to take the first one that was submitted. Councilman Wright said they could take Stormet Norem first. He asked if Mrs. Skinner withdrew her name. Mayor Trauger answered, "Yes sir." A vote was taken on the nomination of Stormet Norem as an Alternate Member. The motion carried 4-1, with Councilman Wright voting against the nomination. A vote was taken on the nomination of Henry Hyams as Alternate Member. The vote was 4-1 against the nomination, with Councilman Wright voting for Mr. Hyams. Mayor Trauger announced that Stormet Norem was appointed as the Alternate Member of the Planning and Zoning Board. Mayor Trauger asked City Manager Cheney to follow through on 'Mr. Hyams, to see whether he would be interested in filling the position on the Boynton Beach Housing Authority. Both Mayor Trauger and Councilman deLong reported that Louis Reiser, who is on the Board of Adjustment, wanted to go to the Codes Enforcement Board because the Board of Adjustment is a conflict in dates in meeting nmghts. Councilman deLong said they had a substitute to fill Mr. Reiser's place on the Board of Adjustment. Councilman Wright asked if they had a vacancy on the Codes Enforcement Board. Mrs. Padgett, City Clerk, advised that Mr. Morton Goldstein may not want to resign from the Codes Enforce- ment Board. Councilmember Woolley pointed out that is later on the Agenda, and they should wait until they get there. Councilman Wright received a letter in his box earlier from Leo Grossbard. What Councilman deLong said they wanted to do was to keep those appointments they received up there, up there. In other words, Morton Goldstein has resigned from the Codes Enforce- ment Board as an Alternate. Louis Reiser cannot make the meetings that he has to attend on the Board of Adjustment because it inter- feres with his p©sition-in the Lodge that he belongs to, but he wants to serve on an evening that is suitable to him. He wants one of the people that resides up there to ~ake his place. Mayor Trauger noted he was off the Agenda. He thought it was all in the same spot but saw it under "Administrative." South Entrance Siqn - SoUth Federal Hiqhway City Manager Cheney said there were two suggestions: (1) that they go ahead with a sign that has kind of half been designed~ - 34 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 or (2) that they have a competition. City Manager Cheney believed the Chamber Beautification Committee would prefer a competition. He thought there was some value to the competition in that it raises some community interest in the good looks of the City.' AS to community-interest in the good looks of Federal Highway, obviously the southend of Federal Highway, City Manager'Cheney thought there was some advantage in getting some community involvement. Councilman Wright agreedl Councilman deLong asked if that was City Manager Cheney's recommendation. City Manager Cheney replied that he would recommend that. Councilman deLong moved that the Council pursue it in accordance with the recommendations of the City Manager. City Manager Cheney promised that they would do it as fast as they can. He said it was a two or three month thing. Councilman Wright seconded the motion. Mayor Trauger repeated the motion that the Council accept the City Manager's recommend~tion that they have a contest for the design of the sign at the south entrance. Until the final design comes up, Vice Mayor Warnke did not like the wording, "Welcome Boynton Beach". He said it should be 'Welcome to Boynton Beach." Councilmember Woolley agreed. Possibly underneath, Vice Mayor Warnke suggested they could have, "a residential community". City Manager Cheney advised that the north one says, "Welcome Boynton Beach." Vice Mayor Warnke remarked that it was bad English. Councilmember Woolley suggested the Council see what they come up with. When they get the final design, Vice Mayor Warnke thought the Community Appearance Board should go over it, especially with the foliage being planted. If they do not approve this tonight, where on the south entrance they had that big sort of fence back-up with all of the' logos of the civic organizations, Mayor Trauger asked if they could request the Colonial Club to cut part of their hedge so that you can see it all. He said their hedge is grown up, blocking half of the City's sign. A vote was taken on the motion, and the motion carried 5-0. Chanqes in traffic siqnalization at US ~1 and NE 10th Avenue Mayor Trauger said the Council had the report in front of them, dated December 7. City Manager Cheney informed the Council that they asked that the City put the lefthand turn sign in and, after an accident, they asked that the pedestrian sign be put in. They had the price estimate for it. Councilman Wright moved, seconded by Councilman deLong, to approve the changes in traffic signalization at U. S. #1 and N. E. 10th Avenue as recommended in the memorandum from City Manager Cheney dated December 7, 1982. - 35 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Councilman deLong recalled that they took the arrow off at 23rd, and now they have to pay the first half. He could see they are going to have a different signalization up on N. E. 10th Avenue. Councilman deLong said this is something different. Of course, Councilman deLong noted there is a fee on that one, but then they were the ones that turned it off at S. E. 23rd Avenue. He asked why we had to pay. City Manager Cheney did not believe the City had to pay for the one at S. E. 23rd. Councilman deLong thought so. He looked at the list and commented that it was not in the same ball park as the one on 10th Avenue. Council.man deLong asked if it was under the Consent Agenda. He thought he read it somewhere. Vice Mayor Warnke said it was in a letter from Mr. Foot that they got in their boxes, but it is not. in 'the Agenda tonight. Mayor Trauger repeated~the motion. Councilman deLo~g asked if that included 23rd. City Manager Cheney answered that~this is just 10th. Councilman deLong called attention to the fact that they have two others in the fire. They have Seacrest. Vice Mayor Warnke advised, "Seacrest and 22nd.' Mayor Trauger said Gaylord said it was not heavy enough~'at~his time to do it on 22nd. Councilman deLong thought they had that set now. What they are doing on 23rd, Councilman deLong told everyone, is when they put on the green light for the traffic to go north, they also put that turn signal green, and they hold off the south- bound traffic for so many seconds, and then they let them come through. Councilman Wright asked what the price on this was. To do the whole thing, City Manager Cheney advised, it is $3,700. City Manager Cheney pointed out that the kind of accidents they often have up there may not be saved by a pedestrian signal. He thought most of the accidents up there are from people who are drunk. He wanted to point out it is not as bad as here. Councilman deLong questioned whether the Council said the problem up there was that it was not uniform or standard. City Manager Cheney said the original lefthand signal up there did not meet standards. That was why it was taken out. Now.the Council wants it put back in, City Manager Cheney said it would be put back into standards at the City's cost. A vote was taken on the motion, and the motion carried 5-0. Matter Concerninq Swales (Requested by Mayor Walter "Marty" Trauqer Mayor Trauger asked that the Council Members remember that the last time, they had a letter in their boxes where they had a couple of people objecting to swales going on in the area. A letter was delivered to Mayor Trauger just before Ithe Council meeting, He read the letter attached hereto as page 37. - 36 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 City of Boynto~ Beach 120 N.E. ~2nd. Avenue December 6,1982 Boynton Beach, Florida 33435 Attention: Peter Cheney Concerning your present project of water drainage in the Chapel Hill area, it seems extremely simple and yet effective. We all applaud the city effort to control flooding in these certain areas. We also are very puzzled at some of our fellow neighbors who protest "destruction" of their, front yards. Your monies, engineering and efforts are certainly- in vain because of these selected few "m~narchs? citizens v~gorous!y protest your allowing these few people to dump their rainfall and rubbish from their yards into our yards that are prepared to accept water drainage. As tax payers this letter i~ a notice that the city must take immediate action to complete this portion of the drainage project on S.W. 28th Avenue. This matter is of such importance to the city tax payers on S.W. 28th Avenue that failure to immediately comply with this notice will bring stronger protests to your office concerning the homeowners on S.W. 28th Avenue who did not permit the city to modify their swales for water control. - 37 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Mayor Trauger noted the letter was signed by four residents, and eight residents are coming. What the letter says is the people want ~the swales in the area for the protection of the City, but Mayor Trauger said these people say it all should be swaled (everybody along there), in the right-of-way, for the protection of all property. Mayor Trauger was very glad to hear this and get a favorable pat out of it for a change instead of a lot of objections. Mayor Trauger passed the gavel to Vice Mayor Warnke and moved that this letter be forwarded to City Manager Cheney and that they proceed on the swale project, as originally initiated in that area. Councilman Wright seconded the motion, and the motion carried 5-0. Annual Report Councilman Wright wanted to find out from City Manager Chen~y what time frame he thought he could give the Council a~,final report. City Manager Cheney said they were wOrking on the~ext now, and they will put that together, proceed with the text and they will get that together~ proceed ~with the tex~ and proceed with the printing as fast as they can. He said they got some ideas from the Vice Mayor which they are going to incorporate in it, and arc working together with each department to Put together some ideaS so that they have a certain amount of input. Cit~'~anager Cheney did not have a date. Councilman Wright asked if City Manager Cheney could give the Council a report as to what he decided to include in it, etc. City Manager Cheney replied that they have not decided that yet.. If they do, he said he would give them a report. City Manager Cheney said they are developing that process now (what is to go in it) based on some ideas Vice Mayor Warnke had and will submit all of it back to the Council. Councilman Wright asked who was spearheading that publication. For the moment, City Manager Cheney said Nancy Pulte is. City Manager Cheney said he would keep after Nancy and staff, and they would get it done. Mayor Trauger asked what Counilman concept of finishing it would be. Councilman Wright answered, 'By the end of January." Mayor Trauger asked if they co'uld take a look at that target to see if it could be met or not. City Manager Cheney said if they want it by the end of January, they will have something by January. He said the[~quality of what they do is somewhat related to how fast they do it. Vice Mayor Warnke thought they could come back with a general format for comment. NEW BUSINESS U. S. 1 (Requested by ~a¥or Walter "Marty" Trauqer - 38 - MINUTES'- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Mayor Trauger said %his is an item that he presented to the two Mayors of Boca~Raton and Delray Beach at their luncheon last week. He had been following with great interest Congress' action on the 5¢ additional gasoline tax and since it passed the House today to the Senate, Mayor Trauger believed it was going to go through. In the Bill, if you read it carefully, Mayor Trauger said it says for "road nets". From that reading, Mayor Trauger presumed it means major State or Federal highways. From that proposition and with the consent of the other Mayors (and they liked his agree- ment), Mayor Trauger said they take a look at U. S. 1, which is a Federal and major highway, from the southend of Boca Raton to the northend of Boynton Beach because the cement in many parts of this is starting to deteriorate now. This project envisions using men and materials. U. S. 1 can use men in the operation. A part of beautification, Mayor Trauger pointed out that it needs drainage rather badly, improvement in many places, and it needs resurfacing, which would take care of the machines and material. With the three cities pushing, Mayor Trauger said they have a plan. They recommended that the Mayors go to their City Engineer- ing staf~ for what they can consider and, as three cities, if any money gravitates, t~hruthe State of Florida.and..to=Palm Beach Countyl they have a concerted plan of three cities which should carry far more weight than isolated little plans, Mayor Trauger continued. He samd they want them to examine the feasibility of looking at-U. S. 1 or, if that fails, Dixie for their consideration of a joint action of three cities to have the plan prepared, sent then to the Area Plannln~ Board who takes care of ~ transportation, carried by our Vice Mayor, and presented, so they have a concerted action in South Florida on that. Mayor Trauger merely presented that to the Council for whether they considered it a good idea or bad. Councilman deLong remarked, "Nothing ventured, nothing lost. We're liable to start a road war, but at least try it." Councilman Wright agreed they should try it. He thought the coalition was great. Vice Mayor Warnke pointed out that the only analysis that they have so far is that everything is divided equally. He said Palm Beach County will probably get about a Million Dollars. Vice Mayor Warnke commented, "That is a spit in the ocean, but if we can concentrate it through the efforts of the three cities in one particular area, we might be able to do something.' COuncilman deLong asked Mayor Trauger if he had this arrangement already and if he had spoken to the Mayors of the other Cities. Mayor Trauger replied, "Yes." He said the other two Mayors and he agreed all they have to do is kick it off with the Council's action of accepting the idea. ~Quncilman deLong moved that the City go ahead with the plan. He asked, "What are we going to lose?" Councilmember Woolley seconded the motion. - 39- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, ,FLORIDA DECEMBER 7, 1982 Mayor Trauger repeated the motion, which was to accept the idea of having the City Manager and City Engineer look at the feasibility of under the Federal program of improvement that is now being enacted, how they can fit U. S. 1 into that and the three cities. If U. S. 1 fails, then Dixie Highway. City Manager Cheney pointed out that Dixie Highway did not do the City much good; we have to have U. S. 1. A vote was taken on the motion, and the motion carried 5-0. Councilman deLong added' that U. S. 1 is not County. Mayor Trauger advised it is State and Federal. That is why the money will go from Federal funding on a road net. Mayor Trauger said they would have more priority on a Federal highway than they would on any- thing else. Councilman Wright commented that it would benefit the larger cities. The smaller little areas are not going to get very much. Councilman deLong thought a lot of other people will jump aboard on this, when they see what the City is doing here and if the City gets results, they will know enough to group together. Councilmember Woolley said if those three cities can't move some mountains, no one can. ADMINISTRATIVE Parkinq, N. E. 3rd Street and Day Care Center City Manager Cheney said the Council asked for a report on this. He told the Council the City did not have the solution yet, but he wanted to report to them the City is attempting to find a way to provide additional parking by restriping the existing lot and also by putting parking on the grassed area sout~ of the~k- existing building. Of course, when they do that, City Manager Cheney said they have to be concerned about their own parking regulations, etC., so they have not implemented "No Parking" yet. Councilman deLong commented that when this first came up, he thought Captain Hillery spoke to him because the Police Chief was out of the city on some business. Captain Hillery said they had all the arrangements made to put some shellrock in south of the Day Care Center, and Councilman deLong said they~have parking in that area. City Manager Cheney said that is Captain Hillery's proposal, but he did not think Captain Hillery had made those arrangements. Councilman deLong called attention %o the fact that it is hard to get into the Day Care Center now without park- ing out on 3r'd Street. City Manager Cheney said they were looking into the direction of solving the parking problem, and he just wanted to report to the Council that the City is doing that. - 40 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Councilmember Woolley moved to postponei~.the action and report on this at the next' Council meeting. Councilman deLong seconded the motion. If they are ready to solve the problem, City Manager Cheney did not want to postpone the solution until the next Council meeting. Councilman deLong asked City Manager Cheney if he wanted instruc- tions to go ahead. City Manager Cheney replied, ~'If we can find a solution to go ahead, but we have to comply with our own Code." Mayor Trauger said the motion would be that if the City Manager finds a solution, to proceed immediately. Councilman Wright asked about the parking tickets. Mayor Trauger said it had been moved and seconded to let the City Manager resolve the parking at the Day Care Center, and if the solution can be found, to proceed. If not, the City Manager should report back at the next Council meeting. A vote'was taken on the motion, and the motion carried 5-0. Accept Resignation of Morton Goldstein (Alternate) - Codes Enforcement Board In the light of what City Attorney Vance said tonight, Vice Mayor Warnke asked Mr. Gold. stein if he would still like to go through with his resignation. Mr. Goldstein replied, "Yes, I would." Councilman deLong had already asked Mr. Goldstein, and Mr. Goldstein told Councilman deLong he is going to be a diligent campaigner and wanted to be able to devote his time to the campaign. Councilman deLong did not blame him. Vice Mayor Warnke wanted to make sure Mr. Goldstein still wanted to resign after the ruling tonight. Councilman deLong moved to accept the resignation of Morton Goldstein as an Alternate on the Codes Enforcement Board, seconded by Councilman Wright. Motion carried 5-0. Councilman deLong moved to open the nominations, seconded by Vice Mayor Warnke, to consider an appointment to the Codes Enforcement Board of an Alternate Member. Motion carried 5-0. Councilman deLong submitted the name of Lou Reiser from the Board of Adjustment. Vice Mayor Warnke seconded the motion. Since there were no further nominations, Councilman deLong moved that the nominations be closed, seconded by Councilman W~ight. Motion carried 5-0. Councilman deLong said he would open up the nominations for appointment to the Board of Adjustment in Louis Reiser's place - 41- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 with the applicant they have - Leo Grossbard. The reason why Councilman deLong was moving along these lines was because those appointments came from~that one particular area, and he felt they should be filled from that one-'developmen%%.up there. Councilman deLong placed the name of Leo Grossbard in contention for the appointment to the Board of Adjustment as an Alternate. If there were no further nominations, Councilman deLong moved that the nominations be closed, seconded by Councilman Wright. Motion carried 5-0. A vote was taken on the election of Leo Grossbard as an Alternate Member to the Board of Adjustment. Motion carried 5-0, and Mr. Leo Grossbard was appointed as Alternate Member to the Board of Adjustment. Florida Leaque of Cities Committee Appointments Councilman deLong thought it should be read into the public record, as he felt it.was quite an honor. Mayor Trauger announced that the City has received a letter from the Florida League of Cities indicating that Councilman Samuel Lamar Wright has been appointed to the Executive Committee of the Florida League of Cities Task Force on the Future of Florida. In addition, Mayor Trauger read (from the Memorandum of Peter L. Cheney, City Manager, dated December 7, 1982) that Councilman Wright will also be reappointed to the League Standing Committee on Govern- mental Relations. Mayor Trauger thought that was quite an honor for Councilman Wright to be representing our City on these two Committees. The City also received a letter from the Florida League of Cities indicating that our City Manager, Peter L. Cheney, be reappointed to serve on the League's Standing Committee, ~s a member of the Environmental Quality Committee. Councilman Wright requested that Mayor Trauger inform everyone that the expenses of the performance of these duties are pai. d for by the Florida League of Cities. Mayor Trauger thought it was an honor and took a vote on allow- ing Councilman Wright and City Manager Cheney to accept the positions. Everyone voted in the affirmative, 5-0. Florida Leaque of Cities - requested bY Mayor Walter "Mart¥" Trauqer Mayor Trauger announced that the Florida League of Cities is having its Legislativ~ 'information S'essi°n in Tallahassee on February 10th and llth, 1983. He asked that City Councilmembers who wish to attend please let the City Manager know this week so they can get 'their reservations in on time. - 42 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1982 Councilmember Wootley had reservations and informed the Council that she would be going. She said she needs to go up on the 9th. Vice Mayor Warnke said he was also going. Mayor Trauger determined that everyone would be going but Councilman deLong. City Manager Cheney stated he would be going, Mayor Trauger wished to write this in so if a reporter asks, "How much money did the City pay on travel?", he can say it has been approved by the City Council. Councilman Wright advised that it was approved in the City's budget. ADJOURNMENT Councilmember Woolley moved, seconded by Councilman deLong, to adjourn. Motion carried 5-0, and the meeting properly adjourned at 9:45 P. M. CITY OF BOYNTON BEACH, FLORIDA B May Vice Mayor ATTEST: Deputy City Clerk Councilman - 43 - AGENDA December 7, 1982 6-page attachment to minutes of Council meeting 12/7/82; See p.13 IV. CONSENT AGENDA F. ADMIN I S~ RATIVE: 1. Transmittal of Road Improvement Fees to Palm Beach County Attached is material relative to the transmittal of road improvement fees that have been collected 'by the City of~ Boynton Beach for road improvements in Palm Beach County in accordance with Palm Beach County Ordinance No. 79-7. A summ~ry of the fees is attached and a map showing the zone boundaries is attached to this report. Lists of the contrac- tors involved in each of the three time periods are on file in the City Council Office. e t~-e~r / L. City Manager PLC:mh Atts. cc: Edgar E. Howell, Building Official Thomas Clark, City Engineer Carmen Annunziato, City Planner P. 2 of 6 attachment to Council min. 12/.7/82 ROAD IMPROVE~EIqT FEES COLLECTED BY THE CITY OF BOYS/fON BEACH - JULY, 1979 THROUGH SEPTEMBER, 1982 ZONE 25 ZONE 28 Collected Total 2% Admin Net Total 2% Admin Net 7/24/79 - 11/26/79 4/28/82 - 9/30/82 Total Collected Not Collected During Period of Cou~t ~ Consideration - ~ 11/26/79 - 4/28/82 Total $ 2,.700.00 $ 54.00 $ 2,646.00 19,354.00 387.08 18,966.92 $22,054.00 ~441.08 $21,612.92 $20,042.00 $400.84 $19,641.16 7,493.00 149.86 7,343.14 $27,535.00 $550.70 $26,984.30 $126,090.00 $114,189.00 $148,144.00 i$141,724.00 Total SUMMARY -2% Admin Net to County Collected: Zone 25 Zone 28 Sub Total Not Collected: Zone 25 Zone 28 $ 22,054.00 $441.08 27,535.00 550.70 $ 49,589.00 $148,144.00 141,724.00 $991.78 $ 21,612.92 26,984.30 $ 48,597.22 Sub Total GRAS~D TOTAL $289,868.00 $339,457.00 MEMORANDUM P.3 of 6 attachment to Council min. 12/7/82 Peter L. Cheney City Manager Grady Swann Finance Director DAT£ November 16, 1982 Transmittal of Road Improvement Fees to Palm Beach County During the periods shown on the attached lists, the city has collected $ 48,597.22 road improvement fees. In accordance with Palm Beach County ordinance No. 79-7 amended by Ordinance No. 81-4, we are to remit this amount to Palm Beach County to be placed in trust fo~ use in appropriate zone. ~ have reviewed these collections and find them in orde~ and recommend that they be t~ansmitted to Palm Beach County. cc: Central File Bud Howell ~r ady ~wann P.4 of 6 attachment to Council mini 12/7/82 FAIR SHARE CONTRIBUTION FOR gOAD IMPROVEMENT ORDINANCE NO. 79-7; ORDINANCE NO. 81-4 COLLECTION REPORT NAME OF MUNICIPALITY. CITY OF BOYNTON BEACH COLLECTION REPORT FOR WHAT PERIOD: JULY 24, 1979 THRU NOVEMBER 26, 1979 SUMMARY OF COLLECTIONS Total Fee Less 2% NET Zone No. Collected Administrative F 25 $ 2,700.00 $ 54.00 20,042.00 400.84 ~_ 22,742.00~ ~ 454.84 $ 2,646.00 19,641.16 TOTAL Remitted to Palm Beach County to be placed in trust for use in appropriate zone. 22,287.16 P..5 of 6 attachment to Council min. 12/7/82 FAIR SHARE CONTRIBUTION FOR ~OAD IMPROVEMENT ORDINANCE NO. 79-7; ORDINANCE NO. 81-4 COLLECTION REPORT NAME OF MUNICIPALITY: CITY OF BO~NTON BEACH COLLECTION REPORT FOR WHAT PERIOD: APRIL 28, 1982 THRU SEPTEMBER 30, 1982 SUMMARY OF COLLECTIONS Total Fee Zone No. Collected Less 2% Administrative NET FEE 25 $ 19,354.00 $ 387.08 $ 18,966.92 i 28 7.,493.0.0 149.86 7,343.14 .26,847.00 $ 536.94 TOTAL Remitted to Palm Beach County to be placed in trust for use in appropriate zone. .$'26~3.10.06 LO" 30 Acre Park Site Phase I - Tennis Center Summary of Chang~ Orders Recreation & Park Department 30 Acre Park Site Phase I - Tennis Center Summary of Chang~ Orders 1-page attachment to minutes of Council meeting 12/7/82/See p.13 DATE NO. DETAILS OF CHANGE DECREASE INCREASE TOTAL PRICE 6/1/82 - 7/26/82 1 7/26/82 2 7/26/82 3 7/28/82 4 8/9/82 5 8/23/82 6 9/2/82 7 9~8~82 8 9/8/82 9 9./20/82 10 10/11/82 11 10/11/82 12 ~0/18/82 13 10/18/82 14 10/18/82 15 10/18/82 16 ~10/25/82 17 i0/29/82 18 Original. Contract Price Fence Addition Aluminum Mesh Insert Screening Change Tupe of Plumbing (Credit) Add 60 Linear Feet of Six Foot Windscreen Horizontal.Masonry Borders Instead of Vertical Ones Fencing and Gate Changes From 8 to 11 Zone Irrigation System 212.00 50O.OO Har-Tru Labor and Material 2472.00 (Credit) Installation of Telephone Conduit Only Addition of 6" PVC Bleed Down Pipe at Detention Area Pcovision of 4" Strainer for Meter Pit Relocation of CT Can and Transformer per Florida Power & Light Install Drinking Fountain and Change Color of Pavilion Fabric Revisions in Lighting System 150.00 Plastic Rain Birds Instead 896.00 of Brass Cash Drawers & Locks Addition of 26,000 sq. ft. of sod Deletion of Signs 6,98?.00 897.00 188.00 137.56 $498,890.00 499,787.00 499,975.00 ~99,763.00 499,900.56 499,400,56 365.47 499,766.03 29.77 499,795.80 497,323.80 725.45 498,049.25 209.16 498,258.41 356.21 498,614.62 312.27 498,926.89 1,398.33 500,325.22 500,175.22 499,279.22 231.39 499,510.61 3,438.50 502,949.11 495,962.11 AGENDA December 7, 1982 ~-page addendum to minutes of Council meeting 12/7/82 (p.14) ADMINISTRATION o e e e Approval of Bills: Allen Insurance Agency ~. Endorsement to Auto Insurance effective 11/1/82 Pay from General Fund 001-193-519-40-41 Board of County Commissioners Use of County Landfill for month of October, 1982 Pay from General Fund 001-341-534-40-9A Boyle Construction Company Est. %21 Pump Station 316 & 319 for period 9/21/82 to 11/5/82 Pay from Utility General Fund 403-000-169-11-00 75% reimbursable from EPA Grant CH2MHill Project %FC16484.AO For services concerning Preparation of Applications for 301 (H) Waiver -- period ending 10/24/82 Pay from Utility General Fund 403-000-169-11-00 Davis Water & Waste Industries Inc. Odophos Liquid No. 1 for Sewage Pumping pay from Water & Sewer Revenue 401-352-535-30-65 Ernst & Whinney Professional services regarding annual audit Pay from General Fund 001-131-513-40-66 $4,947.00 Pay from W. & S. Fund 401-393-539-40-66 ..4~387.00 TQ~al ' 9~'34.00 Kent E~inq Enterprises !nc. Sod for East & North Sides Tennis Courts Pay from Res. for Parks & Rec. Fac. 641-000-247-20-00 Florida Innovation Group Service fee for one year participation in Florida Innovation Group beginning 10/82. Pay from General Fund 001-121-512-40-7G $ 2,500.00 17,900.00 23,189.32 1,136.50 8,280.00 9,334.00 3,300.00 1,500.00 -2- 10. 11. 12. 13. 14. 15. 16. 17. 18. Garden Store Final Payment P.O..5~196 Swale Sodding for Group II Areas per Specifications and Modifications. Pay from General Fund 001-411-541-60-3P Per bid 9/20/82, Council approved 10/6/82 ~qhn E.~ Hembree P.O. 54807 City Hall Renovation Work (Air Conditioning) Pay from General Fund 001-000-247-09-00 Per .~id 7/23/82, Council approved 8/3/82 IBM CorR. Lease Copier III Model 40(City Hall) Cha~o various Departments General Fund & Water & Sewer Fund ,~BM C0~p. Supplies for IBM Model III 7000 Pay from General Fund 001-000-141-01-00 Hardrives~ Inc.~ Construction of Right Turn Lane S.W. 26th Avenue per specifications. Pay from Federal Revenue Sharing 320-000-247-96-00 Per bid 8/31/82 Lauderdale Services Inc. For 100hp Reliance Motor plus labor & installation Pay from Water & Sewer Fund 401-352-535-40-33 S. I. Lime Company Lime for Water Treatment Pay from Water & Sewer Fund 401-332-533-30-65 Marcinkoski/Gradall P.O. 55195 Swale Construction for Group II Areas per Specifications and Modifications. Pay from General Fund 001-411-541-60-3P Metric Engineering I~v. %15 Improvements to various streets in the Cherry Hill Area. Pay from General Fund 001-000-115-87-00 4,896.23 8,044.20 2,844.39 1,385.92 8,450.00 1,987.00 7,887.49 11,139.89 1,260.00 -3- 19. 20. 21. 22. 23. 24. 26. 27. Motorola Inc. 10 Paging System/Beepers and 5 Year Insurance Pay from General Fund 001-241-524-60-9E State Contract %725-24-82-1 Wallace, Roberts and Todd Final Payment Professional services rendered Inv. %6-82255 - Thirty Acre Park - Inception thru October 31, 1982 Pay from Federal Revenue Sharing 320-000-247-85-00 Myre Fairway Construction Co.,Inc. Golf Course for period from 11/1/82 to 11/30/82 Pay from B.B. Recreation Facility Constr. F~nd 415-000-169-41-00 Palm Beach ~Qun~¥ M~nicipal League Membership Dues 10/1/82 to 9/1/83 Pay from General Fund 001-111-511-40-7G O.M. Scott & Sons Co. Various kinds of fertilizer for Parks Dept. Pay from General Fund 001-722-572-30-61 South Central Regional Wastewater Treatment Boara Requisition No. 6 -- Construction of Sludge Conditioning and Stabilization Facility Construction Project No. 716-811-02 -- This request from Lanzo Constr. Total Invoice -- $95,476.50 5~ due from City of B.B. -- $47,738.25 Pay from Utility General Fund 403-000-169-11-00 Edwar~ Stone~ Jr. & Associates, P.A. Project %82087 For Boynton Beach Boat Ramp Park Project Pay from Federal Revenue Sharing 320-000-247-98-00 Sun-State Meter & Supply Inc. 100 Ford 1" Curb Stops Pay from Water & Sewer Fund 401-333-533-60-51 Isiah Andrews Driver for Senior Citizens Club Pay from Federal Revenue Sharing Ordinance %73-15, passed 5/15/73 4 wks. 320-641-564-40-5A 3,170.00 1,090.00 35,856.00 1,000.00 6,681.37 47,738.25 2,450.00 1,583.00 238.68 28. 29. -4- Willie Ruth McGrad¥ Server for Senior Citizens Club Pay from Federal Revenue Sharing Ordinance %73-15, passed 5/15/73 4 wks. 320-641-564-40-5A Yon Haqqe & Devlin~ Inc Monthly payment due for 12/82 .for golf course design. Pay from B.B. Recreation Facility Constr. Fund 415-000-169-41-00 228.48 2,800.00 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. I therefore recommend payment of these bills. ~eter L. Cheney~ City Manager COUNCIL APPROVED Date_?/~/-°-2' _~ . Per ~._ ~ .,