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Minutes 08-03-82MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 3, 1982 AT 7:30 P. M. PRESENT Walter "Marty" Trauger, Mayor James Ro Warnke, Vice Mayor Joe deLong, Councilman Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James Vance, City Attorney Mayor Trauger called the meeting to order at 7:33 P. M. The invocation was given by Reverend Mark Pettis, Boynton BeaCh Assembly of God, followed by the Pledge of Allegiance to the Flag led by Peter L. Cheney, City Manager. Mayor Trauger announced that Councilmember Patricia Woolley was on vacation. Agenda Approval Under "VIII. LEGAL, Councilman deLong wished to add an item under "D. Other." City Manager Cheney added a bill under "IV CONSENT AGENDA, F. Approval of Bills", for'Artic Air Conditioning in the~ amount of $4,125.00. Councilman deLong moved, seconded by Vice Mayor Warnke, to adopt the Agenda with the additions. Motion carried 4-0. Announcements None. MINUTES Regular City Council Meeting Minutes of Jul'y 20, 1982 Councilman Wright moved, seconded by Councilman deLong, to adopt the minutes of July 20, 1982. No discussion. Motion carried 4-0. PUBLIC AUDIENCE Mayor Trauger announced that if anyone in the audience wished to speak on any item that was on the Agenda, they should please come forward and give their names to Tereesa Padgett, City Clerk, and they would be called when that item comes up on the Agenda. For any item that is 'not on the Agenda, Mayor Trauger said they may come forward and speak at this time. He asked if anyone wished to speak on any item'that is not on the agenda. There was no response. CONSENT ~GENDA Matters in this Section of the Agenda are proposed by the City Manager fo'r "Consent Agenda" Approval, with all of the accompany- ing material to become a part of the Public Record MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 One New Mobile QuiCk ~tt'ack Vehic'ul~r uni't~ With Pump '~ Fire Before approving the Consent Agenda, City Manager Cheney thought there was one person who wished to speak about the above item which is on the Consent Agenda. Councilman deLong moved to strike the above item from the Consent Agenda, seconded by Councilman Wright. The motion carried 4~0. Mayor Trauger informed the Council that they had a bid sheet in the Bids concerning the informati©n about this item. Gary Abbe, Florida Fire Equipment & Apparatus Co., Inc~, 6891 S, W. 1'0 Street, P.. O. BoX 63-42~, Fort .Lauderdale, Florida 33068. Mr. Abbe told the Council Members that his company had been informed by Fire Chief James Rhoden, confirmed by the City Purchasing Director William Sullivan, that the City intends to purchase, ~or ~at least it is up for consent tonight~, a piece of fire apparatus for a considerable sum of money larger than what their bid is. Mr. Abbe informed the~Council that this is the first time he ever complained to a City Council about a bid in 2-1/2 years. Secondly, Mr. Abbe said their product is equal in respect to their competitor's, but he was not really talking about materials or fire truck to fire truck. He was talking about dollars to dollars. From what Mr. Abbe understood, the only items he was told his company is being eliminated from the bid for is ~a~% in the bid request, ~they were asked for a financial statement-. Mr. Abbe told the Council that Indiana Fire Apparatus, as listed in the bid, is a privately held company and will not supply financial information to anybody. In fact, Mr. Abbe said they do not consider it to be any- body else's business. Mr. Abbe advised that they would be most happy to, and are quite able to supply, a performance bond of 100% to guarantee the City of Boynton Beach the delivery and the serviceab±lity and the warranty periOd for their truck. The other item that was put in there, purely by their competitive manufacturer, was Used to eliminate 0~her bid~e~s~s a~sublet, Mr~LAbbeLinformed the Council. He explained that this means part of the body manufacture. Indiana Fire Apparatus and American Modular Corporation are one and the same company basically, Mr. Abbe told the Council. He said they are both owners of principals in .both areas. American Modular builds bodies for Indiana and Rhode Island. Their trucks too are manufactured in Indiana, where they are centered, Mr. Abbe continued. He said this is where the subletting comes in. Mr. Abbe has not been informed of any other situation as to why they were being eliminated. He talked to Bill Sullivan, Director of Purchasing, who said tha~t the information was on Peter Cheney, the City Manager's desk, but at that moment City Manager Cheney was in a meeting, so Mr. Abbe could not talk to him. Mr. Abbe said if there are other things, he is not aware of the problems. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 Mr. Abbe spoke to Fire Chief Rhoden this past week at the Fire Chiefs' Convention in Daytona Beach, Florida. Chief Rhoden inspected the vehicle, and it appeared to Mr. Abbe that he approved of the construction and the general appearance of the vehicle. Chief Rhoden did not indicate anything negative to Mr. Abbe. Mr. Abbe also pointed out that Fire Chief Rhoden did not indicate to him that he was buying his truck either. Mr. Abbe was not assuming that. Other than that, Mr. Abbe had nothing to say except that was the reason they were being eliminated. As he said before, Mr, Abbe pointed out that the truck is the same, the materials are the same, but his company's warranty period is far in excess of the one the Council is anticipating accepting. Mr. Abbe said his competitor would give a one year warranty for body cracks and things along this line, and his company would give a five year warranty with a 100% guarantee. He said the tank warranty is ten years, which he believed was the same as his competitor, as far as tank warranty goes, which is 100% also. Service is right here in Palm Beach CouNty, Mr. Abbe continued, in your station if need be. If it would be a severe service, they Could go to the service facility, which is in North Palm Beach, Mr. Abbe i~f~rmed the Council. He said his competitor's was in Ocala, Florida, which is roughly 200 miles away and a considerable drive at the expense of the City.. In this particular case, Mr. Abbe said they. happen to be at home with their service department right here in Palm Beach County. Their service man lives within five miles of the Fire Department's station. As far as technicalities go, Mr. Abbe advised that Emergency One Company did not supply an affidavit with the bid. There was not one present. Everybody that .did bid had one in the package with them, so if they were going to be talking technicalities, Mr. Abbe advised that he discussed it with City Attorney Vance on the way up this evening. City Attorney Vance had no comment. Councilman deLong moved to poStpone this item until the next meeting and, in the meantime, have City Manager Cheney contact Mr. 'Abbe~or supply his company with a bill of particulars as to why the rejection came about. Councilman Wright wished to second the motion but he wondered if CoUncilman deLong wanted City Manager Cheney to write a letter explaining why the City was recommending somebody else. CoUncilman deLong wanted the full details on it also and said he would be guided by the report they receive at the next meeting. Councilman deLong ~dvised, "Then we can take definitive action." Councilman Wright wanted to see'more informa- tion too. Councilman Wright seconded the motion. - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 On the second page of the~memorandum from James M. Rhoden, Sr,, Fire Chief, dated July 22, to William Sullivan, Purchasing Agent, in going over this situation, Councilman deLong referred to the fourth paragraph and read: "Inasmuch as the next cc~pany' has met and exceeded the specificatica requirements, I will reconmend that we place this c~mpany second in the running for the building of our new apparatus." Councilman deLong asked, "Shouldn't that be first - first in the running?" City Manager Cheney replied that Chief Rhoden was still talking about Florida Fire Equipment, so when he refers to "this company", he means Florida Fire Equipment and not Dowling Fire Equipment. City Manager Cheney advised tha-t the meaning is that Dowling should be first and Florida Fire should be second. In other words, Councilman deLong'Said to Mr..Cheney they were talk- ing about first and then second. It was not specific enough for Councilman deLong, if he'chooses a company and then says he placeS them second, he should spell it out'. City Manager Cheney stated that it referred to the subject. question. That anSwered Councilman deLong's Mayor Trauger called attention to the number of companies to which bids were sent. With the economy today being rather precarious, Mayor Trauger thought everybody would bid who could possibly get a bid in on equipment. Mr. Abbe wished to make one other comment in regard to what was just brought up. Mayor Trauger asked him to wait until the motion was taken care of. City Attorney Vance suggested that, as City Manager Cheney informed him that there were problem areas the. City has, that'the bidder submit ~his resp0n'se to those comments in writing for the benefit of the Council, together with any objections he may have. That was agreeable to Mr. Abbe. City Manager Cheney added that he would like to have those comments from Mr. Abbe within the next week and not .at the last minute, just before the Council meeting. Mayor Trauger.asked if there was any other reason for objection other than the two Mr. Abbe pointed out of the financial statement and the subletting of the contract. As indicated in the memorandum~from Chief Rhoden, City Manager Cheney said they thought there was a problem with the strength of the aluminum used and the use of bolts instead of welds, etc. He said there were a couple of samples they could use to explain that but they would hold off until next week. City Manager Cheney was thinking generally, the company (Florida Fire Equipment & Apparatus Co.) has not complied with the bid specifications as much as other companies and in a serious way. has not complied. Mayor Trauger asked Mr. Abbe if he was satisfied with the action the Council was taking. Mr. Abbe answered, "Yes, I'm satisfied with this. Yes, absolutely." Councilman Wright wanted the staff to address the urgency in - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 receipt of this vehicle. He noted there was a difference in the times that the unit could be delivered.- Councilman Wright asked if that would be a fact to be considered in their recommendations, City Manager Cheney replied that their major .co~cern was quality. in the piece of equipment and warranties to back it up and the ability to be sure the' City will have a place to go to be backed up by their company. A vote was taken on the motion, and the motion carried 4-0. In response to the question of why there were only a few bids received, Mr. Abbe said the particular specifications that were sent out were absolutely biased to one manufacturer. To be very honest, Mr. Abbe said only one manufacturer in the world could bid that particular Vechicle. Nobody else can meet it exactly, Mr. Abbe informed the Council. There are exceptions listed~in their-bid specifications, and they are very-eXplicit and~very limited~ and in no way take-.away f~om.the strength of the building of the vehicle,.Mr, ~Abbe--.fUrther'.told the Council. He said that was the reason they only had three bids, and he pointed out that the City had seven no bid responses back from the people they were sent out to because they cannot bid and frankly, they are not going to waste their time on it to bid. Mr. Abhe said it happens all over the State when this particular company sends its "specs" out. They get very'little response. Mr. Abbe requested a copy of the report so that -~ he can answer in rebuttal. M~yor Trauger assured Mr. Able that he will get a copy. Mayor Trauger aCknowledged the presence of Dorothy Wilkins~ former Mayor of Boca Raton and Director.of Graphic Arts, Florida Atlantic University, in the audience. Mayor Trauqer said the Council was very happy to have her present. He understood that Mrs. Wilkins is also running for ~he Cpunty Commission. CONSENT AGENDA (Continued) B. One Playground~Climber - Parks The Tabulation Committee recommended the acceptance of the bid from Dominica Recreation Products, P. O. Box J, Longwood, Florida 32650-0659 in the amount of $1,681.00. C. Air Conditioning, Electric Work & Acoustic Ceiling for Boynton ~ Beach City Hall It was recommended by the Tabulation Committee that the bids f~om John E. Hembree - Air Conditioning $27,500; Van's Electric - Electrical Work $6,490; and Tri County Ceilings - Acoustical Ceil- ing $3,998 be accepted for a grand total of $37,988. D. A Concrete Garden Wall for B'oynton Bleach Memorial Park - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 The bid from Holm Construction, 602 West Industrial Avenue, Boynton Beach, Florida, in the amount of $18,756, was the one recommended by the Tabulation Committee to be accepted. E. Six Month Period for Various Custodial Supplies The Tabulation Committee recommended the acceptance of the bid from Unijax, Inc., 990 West 15th Street, P. O. Box 10147, Riviera Beach, Florida. F. Approval of Bills Councilman deLong moved to approve the Consent Agenda, as proposed by City Manager Cheney, under "IV. CONSENT AGENDA, items B, C, D, E, and F inclusive. Vice Mayor Warnke seconded the motion, and the motion carried 4-0. City Manager Cheney and City Clerk Tereesa Padgett informed Mayor Trauger that there were some people who wished~to speak under "III. PUBLIC AUDIENCE" PUB'LIC ~UDIENCE Kathy Haughn, 1037 Coral Drive, Boynton Beach, Florida, feels the people and the Council have a communication problem. She read a prepared speeCh, the highlights of which are as follows: "Prior to the petition drive concerning the Municipal Golf Course, there was a lack' of information and facts given to the residents of our City. Other Members of the Parks and Recreation Board and I were not posted on the drastic changes in this project in the three years following the straw ballot in 1979. Of course, after I addressed this Council, I was no longer a Member of that Conn~ttee. In reference to the golf course, it is not so much what you have told us, but more~importantly, what you b~ve not told us. %hree- fourths of the people we talked with during ~the petition drive either had not heard anything about it or thought' %he 1979 straw ballot was legal and the project would not be backed by ~ny City revenues or tax monies. It has been stated in this room (for public record) that Mrs. Zibelli and I had an axe to grind. We have only dealt with facts and figures. Let's take a look at some of them: ~UNICIPAL 'GOLF 'COURSE ODMPARISCN Registered Voters Total Voted Total Voted '"Yes" 1979 1982 20,054 20,703 4,781 5 3,298 5 - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 Ms. Hau¢ was the- Su th fi. ha re In si. is Pal Fa, We ha~ M~ f~ be, 1979 1982 kal signed Petition fference ~aho want a ~eferendum in 1982 = 4,435 1,137 · hn remarked that in 1982 only five people voted, and that Council. She continued reading her speech, as follows: only axe many of us in this roc~ have to grind is 'The Will of people' be h~ard and you, as our elected officials, represent ~t will. ~y of our citizens and I have questioned why you the Council have strongly opposed a referendum, which would surely settle the _=stion once and for all. There. was no problem having referendums such projects as the beach restoration and other pa~k projects. ~h projects, can serve as many as 80% of our population while golf ~ourse will serve less than 10%. The 10% represents ~ures from your own reports which stated only 324 of the 800 who ;e deposited their $50.00 for the club membership are actually ~idents of the City of Boynton Beach. most other areas of our recreation programs, we charge higher ~s for a non,resident,~ taking the.posSible tax burden frown our City residents. two working~w~men on four 'different ~weekends to collect 4,435 ~natures, especially at this time of year, must tell you something amiss. As you saw on the chart, you are doing a complete turn )ut in the intent of this project. ~t: (1979) 1.5 Million Bond Issue backed with no City revenues or tax monies. .~t: (1982) 4 Million Bond Issue backed by public service taxes. Lng a golfer myself, I would love to see us have a Municipal Golf ~se which would also enhance our cofauunity. We all have to mit the economic atmosphere has drastically changed since 1979. all other areas of our budget frem the Federal level down to the ~icipal level, we are having to cut back on public services, ~hten our belts, and in sc~e.cases raise taxes. ~y. of us are just trying to earn money so we can supply the ~ntials of life (food, clothing, and shelter) for our families. can hardly-face the pOSsibility of raising' taxes for non-essentials. ~eally wish I had the sincere faith you five Council Members seem to ze of this project's guaranteed success. ~y of us have not taken the time to really examine the internal ~ctions of our City. I, for one, have really b~d my eyes opened ~use of my involvement 'in this project. It especially hit me in the face when one gentle, mn, and I use the word lOOsely, after I asked him if he was a registered voter in the City of Beach, and he said, "Yes.' I asked him, 'Have you heard any- - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 "thi]lg about the golf course issue? gol: slo] ism you If audt tho: that the was dec: The~ a c] Rep] Kat/ cor~ Mayor Tr noted. tures. to take good if Haughn Dee Zibe her rema few rabb neighbor In return, he said, 'Yes, I am a .-'er. I want that course so my green fees will go down, and you )s can pay for it.' Needless to say, I was a little shocked'. issue here is not really on a municipal golf course. The real le is did you act in good faith as our elected leaders? Only as an individual can examine your own conscience. ~ottling else, I am sure all Of us, at least everybody in this .ence, will certainly be a little more careful when w~ Walk into ~e ballot booths to vote. It took three years for us to find out ~ a straw ballot was not a legal instrument. People who spend time and energy to exercise their constitutional right to vote Jot want to b~ve to turn around several years later to find it an exercise in futility, and e~pecially when a technicality .des our fate wiChout the freedom to vote. ;e signatures represent our given right as citizens to exercise ~cks and balance ststem in our government upon which this ,try was founded. · esenting the 4,434.other people who signed the petition, I, [y Haughn, beseech you to examine your logic, motives, and the iequences of the decision you have made on the issue." auger informed Ms. Haughn that her comments have been Councilman Wright asked Ms. Haughn if she had the signa- Ns. Haughn replied that they did not reach' the total limit the City to Court. Councilman Wright thought it might~ be theY let ~he City have a copy of the signatures. Ms. referred to let Mrs. Zibelli address that. lli, 440 Ocean Parkway, Boynton Beach, wished to preface rks by saying that she thought the time has come when the' le rousers should stop circulating false rumors to their ~ in their Condominiums. Mrs. Zibelli has at no time stated record. as she their mo statemen "The~ tha~ One I ca to~ ref~ t~at she is against the golf course, which is a matter of She said she has expended her energies for a referendum, feels the citizens should have a say in the matter of ~ies. She continued by reading the following prepared t: e are Members of this Council who, in the past, have advocated · it was their position that the 'WILL OF ~ PEOPLE BE SERVED. cannot disagree with that thinking. Therefore, Mrs. Haughn and lled thousands of people and had petitions signed in an effort .scertain what the residents of Boynton Beach wanted regarding a rendum for the golf course. We can tell you in cc~plete honesty that the overwhelming majority want the right to vote on this issue and were it not this time of year when so many residents are up North, we could have brought you many thousands of signatures, and we are certain that you know this. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 "In fact, if any Council person does not believe this, we suggest that you poll your own district, giving the facts as they are, without interpretations, and you will know for sure that the will of the people will best be served by offering a referendum. It is also noted that you found a technicality to prevent the people of Boynton Beach from having any say in this situation or any resolution, ie. by denying them the right of referendum. Do you believe that our citizens are incapab~ le of ~knowing what is good for themselves and making decisions? I b~ve the utmost confidence in our citizenry. Since our issue is not for nor against the golf course, but merely for a referendum, we hardly see how you as a Council can object so strongly. For those who may have missed it, I will quote fr~m an editorial published in the Post Times on July 29, 1982: 'A 27 hole golf course should not cost 4 Million Dollars. Boca Raton recently completed a facility of similar size for 2.7 Million. Unfortunately, there se~ns to be nothing the challengers can do now except remember at election time who shoved this deal down their throats.' Qbjectors have asked us why we continued with the referendum after the legality of a referendum on a resolution entered the picture. I'd like to quote one of my favorite philosophers, Miquel de Unamuno, who said, ~Only~he who attempts the absurd is capable of achieving the impossible. '" Mayor Trauger told Mrs. Zibelli that her comments were duly noted by the Council. He requested City Manager Peter Cheney to respond to why the 4 Million, as set forth in the memorandum to the Council. Councilman Wright asked Mrs. Zibelli if she 'brought the signatures. She replied that they would be happy to oblige with the signatures if it will go to referendum. However, if the Council's~only concern with~th~'names on thelist-is strictly for political reasons, then MrS. Zibelli said the Council was not actually concerned with the people~ Mayor Trauger took Mrs. Zibelli's comment as a threat. Mrs. Zibelli said it was not a threat. She explained that they did not meet the signatures, so they did not have to have them validated. Councilman Wright said the Council made a decision to move ahead with the golf course. He also thought that they had quite a few citizens in the community who signed. Councilman Wright pointed out that all of them may not be registered voters. Some of them may not. Mrs. Zibelli reiterated that they did not have the signatures validated as they~did not reach the required number. Councilman Wright repeated that they may not be registered voters and they may not be tax payers. He said it would be interesting to him to see how many are tax payers and registered voters. - 9 - MINUTES - REGULAR CITY.COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 Councilman deLong remarked that some may have signed several times too. Mrs. Zibelli retorted that they did not, because they were crossed off if they signed several times. City Manager Cheney advised that one or two meetings ago, at the request of the Council, he wrote a fact sheet on the golf course. One thing he tried to make very clear was that the golf course would not Cost 4 Million Dollars and it was' never proposed to cost 4 Million Dollars. How the Post editorial could conclude that it would cost 4 Million Dollars was more than City Manager Cheney could imagine. He said it may be that they did not have an oppor- tunity to look at the report and look at the various studies the City has done. City Manager Cheney anticipated that the course will cost somewhere around Three Million Dollars and will be quite close to the Boca Raton figure of 2.7, which he thought was another error in the Post's editorial. City Manager Cheney thought the Boca course cost only 2.4 when they built it a year and a half ago. One of the things Boynton Beach has done is probably more prepara- tion for the financing and planning of the golf course than any other municiPal golf course that~City Manager Cheney knew of in order to be as sure as they can be. He said economic studies were done of the golf course, and very few golf courses have done an. economic analysis~prior to the whole planning of the~cou~se. City Manager Cheney said they were arranging to borrow funds to have reserve accounts available and have prepaid interest accounts available to do what they call capitalize the interest for the golf course and establish the reserve a~counts and establish accounts to handle 'the obvious shortfall in revenue the first year, so that the City can be as sure as possible that this golf course will be self supporting and will not have to use any of the general fund revenue of the City. City Manager Cheney reminded the Council that this was all put forth in a three or four page .paper that he prepared several weeks ago at the request~ of the Council, a paper to which he has had absolutely no comment or suggestions that there were mistakes or errors or incorrect information put forth in that report. If there is incorrect information, City Manager Cheney hoped some- one would bring it to his attention. He said it has been available for a month, and°no one has suggested that. City Manager Cheney Pointed out that the City has tried very hard to do what the City Council has asked. The whole issue of this pledging of utility tax revenue came from a Citizens Committee that represents both the County and the City, City Manager Cheney informed everyone. The response was to a Citizens Committee that suggested this approach to the financing of the golf course.in order to save, in the'long run, a Million Dollars or more in interest payments because the backing of the golf course issue will probably reduce the interest rate and, in the long run, at least a Million Dollars or more will be saved, City Manager Cheney continued. That is another fact which was in that paper which had - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 not been addressed, City Manager Cheney added. ~ golf course or not is obviousl-y-up to the City Col Manager Cheney commented, but there are some fact~ clear that have been put forth in writing for eve] and he has not heard anything except from the edi~ Post that those facts were wrong, and they did not where the facts are wrong. Mayor Trauger asked if anyone else wiShed to speal Tereesa Padgett, City Clerk dfd not have their~su! informed Mayor Trauger there were two more people speak. Morris Shapiro, President, Village Royale on the ( 1st Lane, Boyn~on Beach, Stated that he has liVed for approximately 8-1/2 years. Speaking on behalf of the Members of the future ge -Shapiro said they could not understand why the ci~ progressive city in the State of Florida would ob- a golf course for one-half of the normal cost, fact that the City is acquiring the land free of Shapiro informed everyone that the City has inves~ One Hundred Thousand Dollars in front money; the validated the bonds, and he could not see why thi~ being opposed at the present time. Mr. Shapiro advised the Council to get on with the hand, float the bond issue, and construct the gol~ added that he listened to City Manager Cheney, an~ wholehearted agreement with everything Mr. Cheney Shapiro expressed that it was his opinion that the everything they possibly could. They investigated; and went through possibly hundreds of situations ~ own honest thoughts, that that ~was the way to go' sure they were considering the feelings of the pe¢ Beach. Mr. Shapiro thought Boynton Beach is a progressive felt that is the way it should be. He thanked t.hE doing what they can and was sure the Council would the golf course. Mayor Trauger thanked Mr. Shapi~ Shapiro commented, "There are no c~mpl±n~a%s. Truths Mayor Trauger announced.~that the gentleman coming is Mr. Dave Roberts, who has been a Councilman and of Boynton Beach. ~ether there is a ~ncil, City that are very ~one to look at, ~orial page in the really address on this subject. ~jects,. but' she who wished to ;reen, 2600~N. at. this address ~lf course, Mr. ~izens of any ect to acquiring ~ view Of the ~harge. Mr. ~ed in excess of ~ou~t has I project is business at course. He · he was in says. Mr. Council did they checked, nd found, in their Mr. Shapiro was ple of Boynton city and he Council for go ahead with ~, and Mr. are truths," to the podium former Mayor David Roberts, 5091 Mirror Lakes Boulevard, Boynton Beach, Florida 33436 felt like tha forgotten man on a committee. He stated that three members of that committee that were appointed by the Boynton Beach City Council are not even in town. (He referred to the - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 Municipal Golf Course Advisory Committee~. When'~this came up, Ex- Mayor Rcberts~ a representative from the County, found himselfup here making a speech. He stated that he lives in the County and happens to be the third in line of officers on the Golf Committee. Mr. Roberts commented that the Committee has had many meetings and he thought the biggest attendance-they had one night,'not counting the press and officials, were three'citizens. He called attention to the fact that nobody ever shOwed up and nobody ever questioned, although reports were sent out regularly. Even though he lives in the County, former Mayor Roberts said his loyalty is still in Boynton and remains with the City. Former Mayor Roberts stated that he spent many years in Boynton Beach and it is only a temporary stop in the County, as he hopes to be back in the City as soon as he can get a house. Former Mayor Roberts was listening to the complaints and wanted to reply to the straw ballot which was representative of only a small group. If anybody reads about politics starting with after George Washington, Ex-Mayor Roberts said they would note the entire system is governed by minorities. Everybody is elected by a minority and everything is a minority. When you talk about minorities, former Mayor Roberts was talking about if you have 20,000 registered voters and about 5,000 or 6,000 vote, that's what the fellows sitting up here get elected by. He said that included everybody, even him. Former Mayor Roberts did not feel it was necessary to talk about the low amount of people that went out to vote. Furthermore, Ex-Mayor Roberts said the Committe~who worked on this had access to a tremendous amount of research. He knew the Council read it but did not know who else read it.. If the people who signed the petition against the course had read this, former Mayor Roberts felt they would not have signed the petition. He added that it is admitted that the course will enhance the~City. Ex-Mayor Roberts pointed out that this is a growing City. (When he mo~ed in, there were 16,000; when he left' the Council, there were 40,000 people.) In a sense, former Mayor .Roberts thought the-golf course was a necessity. He further stated that there is never 100% participation in any facility, and he did not care what it is, you never get 100%. If it is there, Ex-Mayor Roberts said it is available but there is never 100% participation, so if 16 use it or 116 use it, this particular study covered a list of every known golf course in the area, municipal golf courses, and the updated report and final report in April that stressed the feasibility and that it would be self-supporting. (Former Mayor Roberts referred to the study because it is available to everyone.) Former Mayor Roberts again referred to the growth of the City and said regardless of the recession, .there is Congress Avenue cluttered with new 'houses that bring in revenue and a good percent- age of growth. Lawrence Road in the County has a big plan of 450 units. He referred to one on Military Trail in the County - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 that has not been started. Former Mayor Roberts said the County is going to use the course and if the people in Boynton Beach do not want to use it, they will get all of the County in there, and that is an answer %~ the application. Ex-Mayor Roberts pointed out that there has been so much controversy that it has slowed the golf course down. He told the Council that if they break ground on the golf course, they will bring in 100 or so people that will sign up for it because all he gets when he bumps into someone who knows he is on the Committee is a hard time. They want to know when the golf course is going to get off the ground. As City Manager Cheney beat him to it, former Mayor Roberts said he would not have to give the last report. He stated that it spells out the waiting list on all golf courses in existence at this point. Everyone of them has a waiting list. Delray Beach, the first year, had less than'300 members. The second year they made $300,000 profit. The Chairman of Boynton.Beach's Municipal Golf Course Advisory Committee is an Assistant Manager in Delray Beach, Ex-Mayor Roberts advised, and he thought the Assistant Manager (Joseph A. $ciortino, Jr., Chairman of the Municipal Golf Course Advisory Committee~ knows what is going on in Delray Beach. ~At this particular point, Ex-Mayor Roberts said the Committee made the recommendation in favor of it, gave plenty of reasons, and the Court has validated the bonds. Former Mayor Roberts re- pe~t~d the Court has validated the bonds, and they took into consideration the so-called attachment. Everyone of the golf courses around the area are self-supporting, and Ex-Mayor Roberts said there is no reason why this one won't be. By backing it up, as mentioned before, is the only way to get a decent bond and a decent rate of interest, former Mayor Roberts advised. The only thing he could say is that the Committee is in ~avor of it, has good reason to be, and he, as a conservative individual, would not have vOted for it if he thought the CitY was in jeopardy of going in the hole, and he would not have served on the Committee. There was applause. Mayor Trauger noted the presence of former Mayor Edward F. Harmening in the audience. DEVELOPMENT PLANS Request for Minor P.U.D. Master Plan Modification - Meadows 380 located at the intersection of North Congress Avenue and proposed Meadows 'BOulevard Tim Cannon, Assistant City Planner, informed the Council that this is a master plan submitted by C & H Properties for the - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 Meadows 300 P.U.D. The developer is asking the Council.to make a finding that this is a minor modification to the P.U.D. master plan and refer it then to the Planning and Zoning Board for approval. Mr. Cannon continued by saying that the developer is requesting three changes to the previously approved master plan. First of all, the developer is changing the housing mix to make their housing package more marketable. What they are doing, Mr. Cannon advised, is increasing the number of garden apartments by approximately 256 and are making an equivalent reduction in the townhouses and.~iuster dwelling units. The number of single family homes, however, will remain the same. Mr. Cannon further informed Members of the Council that the developer is also proposing to combine several tracts. They are proposing to~ combine previous'Tracts N and O into one Tract N, which would be developed for garden apartments. Mr. Cannon indicated North and Congress Avenue on the overlay, and showed where they propose to combine Tracts J and H into one Tract H and open up additional park land abutting Congress Avenue. Mr. Cannon said the Technical Review Board reviewed the master plan modification, and they recommended that Council find it to be a minor modification and that the item be. referred to the Planning and Zoning Board. Councilman deLong moved that it is not a substantial change and according to the memo received from Tim Cannon, Assistant City Planner, dated July 28, 1982, recommended that it be referred to the Planning and Zoning Board. Councilman Wright seconded the motion. Vice Mayor Warnke asked Mr. Cannon if the plan had been referred to the Community Appearance Board. Mr. Cannon answered that it will go to the Community Appearance Board at the time of site plan approval. A vote was taken on the motion, and the motion carried 4-0. LEGAL Ordinances - 2nd Rea~ing- PUBLIC HE~RING Proposed Ordinance No. 82-15 Re: Building Numbering on all Residences and B'Usinesses City Attorney Vance read proposed Ordinance No. 82-15 on second and final reading by title'only: - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 "AN ORDINANCE OF THE CITY (/DUNCIL OF ~ CITY 'OF BOYNTON BEACh, FLORIDA, AMENDING C~APTER 15, OFFENSES-MISCRLIANEOUS, BY ADOPT- ING S~CTION 15-16 PROVIDING 'FOR MANDATORY STREET NUMBERING OF BUILDINGS; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEAL CLAUSE; PROVIDING AN EFFE~ DATE; PROVIDING AIYI~ORITY TO CODIFY AND FOR OTHER PURPOSES." Mayor Trauger .asked if anyone in the audience wished to speak in favor of proposed Ordinance No. 82-15. There was no response. He asked if anyone in the audience wished to speak in opposition to proposed Ordinance~No. 82-15. There was no response. Councilman Wright moved to adopt proposed Ordinance No. 82-15 on second and final reading, seconded .by Councilman Wright, At the request of Mayor Trauger, Tereesa Padgett, CitY Clerk, took a roll call vote on the motion as follows: Mayor Trauger Vice Mayor Warnke Councilman Wright Councilman deLong Aye Aye Aye Aye Motion carried 4-0. Proposed Ordinance No. 82-19 Re: Amending Code Enforcement Board Ordinance Changing Number of Membe:rs, etc. City Attorney Vance read proposed Ordinance No. 82-19 on second and final reading by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTC~ BEACh, FLORTDA, AMENDING CHAPTER 2 AIX~INISTRATION, ARtiCLE V, CODE ENFORCIMENT BOARD, TO CC~PLY WITH CHAPTER 82-37 OF THE lAWS OF FLORIDA, BY AMENDING SECTION 2-74 TO PROVIDE FOR A SEVEN (7) MEMBER CODE ENFORCSb~I~f BOARD ~R RI{AN SIX (6.) AND REQUIRING %WO (2) ALTERNATES; AMSXqDING SECTION 2-77 TO PROVIDE THAT %HE BOARD SHALL MEET AT T,RAST ~ ~ (.2) ~ AND TO PROVIDE AT LEAST FOUR (4) M~BERS OF THE ENFORCSbS1NT BOARD MUST VOTE FOR ANY ACTION FOR IT TO BE OFFIC/AL; B~4E~DING SECTION 2-79 TO PRO- VIDE FOR R~{E MAXIMUM FINE TO BE 5~0 HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY RATHER THAN FIVE-HUNDRED. DOT.TARS ($500.00) PER DAY AND TO ALIf~ FOR ~NF~RCEMENT BY ASSESSING LIENS AGAINST PROPERTY (Yi~ER THAN THAT PROPERTY WHICH THE VIOLATION OCCURS ON AS WELL AS ENFO~ AGAINST THE VIOLATOR EVEN IF HE IS NOT ~ CWNER'OF"~ I2~D ON WHICH THE VIOLATION ~; ~CTING S~CTION 2-79.5 TO DESCRIBE THE DURATION OF R~IE LIEN; AMENDING SIETION 2-80 TO PROVIDE THAT ~ METHOD OF REVIA~g OF THE BOARD'S ACTION SHALL BE BY APPEAL RATHER THAN CERTIORARI; Pt%OVIDING A REPEAL CLA33SE; PROVIDING A SAVIAX~S CLA33SE; PRO- VIDING AIYi~ORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Trauger asked if anyone in the audience wished to sPeak in favor of proposed Ordinance No. 82-19. There was no response. - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 He asked if anyone in the audience wished to speak in opposition to proposed Ordinance No. 82-19. There was no response. Councilman deLong moved %he adoption of proposed Ordinance NO. 82-19 on second and final readings, seconded by Vice Mayor Warnke. Mrs. Padgett, City Clerk, took a roll call vote on the motion, as requested by MaYor Trauger: Vice Mayor Warnke COuncilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye Motion carried 4-0-. Proposed Ordinance No. 82~23 'Deca'ls Re: Fee for Replacement Beach City Attorney Vance read proposed Ordinance No. 82-~23 on second and final reading, by title only: "AN ORDINANCE ~F ~4E CITY OOUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 16-82 OF CFJtPTER 16, PARKS AND RECREA- TION, OF Rt{E CODE OF· THE CITY OF BOYNTON BEACH' TO PROVIDE THAT LOST OR MUTILATED PARKING P~TS WILL BE REPLACED FOR A CHARC~E OF $1.00 IF AN IDENTIFIABLE .POTION OF THE PERMIT IS PRESENTED TO THE CITY; RIiAT- ~qE CHARGE WILL BE $3.00 IF AN IDENTIFIABLE PORTION OF THE PERmiT CANNOT~ BE PRES~qTED TO THE CITY; PROVIDING A REPEAL CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Trauger asked if anyone in the audience wished to speak in favor of proposed Ordinance No. 82-23. There was no response. He asked if anyone wished to speak in opposition to proposed Ordinance No. 82-23. There was no response. Councilman deLong moved the adoption of proposed Ordinance No. 82-23 on second and final reading, seconded by Councilman Wright. A roll call vote on the motion was taken by Tereesa Padgett, City Clerk, at the request of Mayor Trauger, as follows: Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Motion carried 4-0. O'rdi'nan'ces~ -lst' 'Rea~di~ng None. - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 Res'olutions Proposed Resolution No. 82-ZZ Relating to Water Rates Re: Amendment to Resolution 75-W City Manager Cheney distributed a revised Resolution to the Council Members. He said it was general, but it was uarticularly Sterling Village that. was talked about last week. City Manager Cheney believed the Board of Directors of Sterling Village supports the proposal which included two things: the way in which the City charges rates and also an additional monthly charge for maintenance of the big water meters. In writing the ResolUtion which City Manager Cheney distributed to the Council Members, he neglected to put in the item referring to water meter charges, which was a part of the whole calculation. He amended it, and the Resolution which Sterling Village picked up today is consistent with that and has the~amendment in it. City Manager Cheney a~vised that Sterling Village has the latest Resolution, which he just passed out to the Council. He recommended that the Resolution be adopted. Mayor Trauger asked Don Balmer, President of the Board of Directors of Sterling Village Association,~ if it .was agreeable With him the way it has been presented now. Mr. Balmer answered, "Yes sir." City Attorney Vance read proposed Resolution No. 82-ZZ by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION NO. 75-W, P~ATIVE'TO AMEND/NG ~%~TER RATES, PRO- VIDING FOR REPEALING PROVISIONS AND AN EFFECTIVE DATE." Councilman deLong moved the adoption of proPosed Resolution No. 82-ZZ, seconded by Councilman Wright. No discussion. Mayor Trauger requested Mrs. Padgett, City Clerk, to take a roll call vote on the motion: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilman Wright Aye Aye Aye Aye Motion carried 4-0. Proposed Resolution No. 82-AAA Re: Acceptance of Utilities & Release of Performance Bond - Rainbow. Lakes a/k/a "Tartan 'Carma" City Attorney Vance read proposed Resolution No. 82-AAA by title only: - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ~ING UTILITIES AND RELEASIN~ PERFORMANCE BOND FOR ~ LAKES, FORMERLY KNOWN AS '~ARYAN-CARMA'" Councilman deLong moved the adoption of proposed Resolution No. 82-AAA, seconded by Vice Mayor Warnke. No discussion. At the request of Mayor Trauger, Mrs. Tereesa Padgett, City Clerk, took a roll call vote on the motion as follows: Mayor Trauger Vice Mayor Warnke Councilman Wright Councilman deLong Aye Aye Aye Aye Motion ~rried 4-0. Other - Sidewalks Required requested by Councilman Joe deLOng Under Section 22-25, Code of Ordinances, on page 1562, under the title "Sidewalks Required", Councilman deLong believed the Ordinance, when drafted, was insufficient due to the fact that the City has no control over the houses where they are rehabilitated and moving out. He gave a residential changed to commercial as an example, and particularly mentioned S. E. 23rd Avenue. Councilman deLong said the houses there-have been rehabilitated and have been opened up as doctors' offices in the majority of the cases, and no sidewalks have been installed. A lot of people have to walk from the Federal Highway to 23rd to get over to the doctors' offices and also to the hospital, Councilman deLong reminded the Council. Councilman deLong spoke to the people in the Building Depart- ment about it, and they felt there was insufficiency in the ordinance and they wanted it to be amended. City Attorney VanCe said he would be glad to discuss it with the Building Department. Mayor Trauger asked if it would have to go to the Planning and Zoning Board. Councilman deLong did not think so. City Manager Cheney thought it made sense that if there is a change of use, let's get a sidewalk. Councilman deLong moved to have a change in the Ordinance on Sidewalks Required referred to City Attorney Vance and City Manager Cheney for an amendment by the next Council Meeting. City Attorney Vance ~tated that he planned to' go on vacation. City Manager Cheney ~dvised that it would not take long. Councilman Wright seconded the motion. Motion carried 4-0. 'OLD B'USINESS Consider Community Redevelopment Agency Recommendation to Enlarge the Central Business District RedeVelopment Area Councilman deLong moved that consideration of the enlargement - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 of the Central Business Redevelopment Area as. proposed be referred to City Manager Peter Cheney, Carmen Annunziato, City Planner, ~and the Planning and Zoning BOard for their input and consideration and report back to the City Council. Mayor Trauger asked, "By what time?" City Manager Cheney advised that it probably would be some time in September. Mayor Trauger did not want to let it die. Councilman deLong said there were a lot of Other-things too, and it would not die. Vice Mayor Warnke seconded them~tic~. A vote was taken on the motion, and the motion carried 4-0. NEW B U S I NE S S Appointment t'o 'Cbdes'Enf'orcement 'BOard Councilman deLong informed the Council that ~thle Codes Enforcement BOard has a Member wh° has been pretty ill and~has not shown up for several meetings. Therefore, .he is no longer a Member. In this particular instance, Councilman deLong moyed that the Member be given a plaque because he has served on many B6ards in the City over the years. Councilman deLong told the Council that the man has done a worthwhile jOb and is on hi~ last legs n°w. Councilman deLong thought it would be somethin~ that he would cherish for the remaining days that he has to hive. Councilman deLong informed Members of the Council that th~ man is Foy Ward, Vice Mayor Warnke seconded the motion, and the~motion carried 4-0. Councilman deLong moved that the nominations b opened for appointments to the Codes Enforcement Board, s~conded by Vice Mayor Warnke. Motion carried 4-0. Vice Mayor Warnke nominated Clarence Clark, 60 Boynton Beach, Florida and stated that he has ] Boynton Beach for 30 years, a general building years, is 54'years of age, married with four chil~ the former Boynton Beach Building Board for fi. Chairman of the Building Board for two years. continued by saying Mr. Clark is currently ser~ term on the Lake Worth Christian School.Board serve on the Codes Enforcement Board if electe~ Vice Mayor Warnke wished to ·put Mr. Clark's na as a regular Member. Lakeside Harbor, een a resident of contractor for 29 ~ren, served on ~e years, and was Vice Mayor Warnke ~ing his second ~nd has agreed to ~e into nomination Councilman deLong thought the State Legislatur when they comprised the Board with only six me~ there was no way possible, in the event of a t~ ever resolve an issue. He s·aid.·~they passed lee an extra member to the Board. Councilman deLong alIuded to the procedure the City had in the past. He said there was an Alternate on the Board, and he believed the Alternate should move up. was in error hers because .e, that they could islation to add In view of the fact that Vice Mayor Warnke submitted the name of - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH', FLORIDA AUGUST 3, 1R82 an individual who is a general contractor and Foy Ward was a general contractor, then it would only be reasonable that Vice Mayor Warnke's nomination would get.~the appointment'of the Board, Councilman deLong pointed out, because the ordinance calls for specific vocations, such as a real estate man, a business man, an architect, and a general contractor. Councilman deLong said the Council had the name of only one general contractor, which is the one Vice Mayor Warnke nominated. Mayor Trauger commented that if the Council accepts this, Mr, Clark would go to the Board if there are no other nominations, He noted that the Alternate Member is currently Jacob S. Kasdin, who is an Attorney that Mayor Trauger felt should be moved up into the new position. Councilman deLong moved that Jacob S. Kasdin, Alternate Member, should be moved up into the new position on the Codes Enforcement Board as a RegUlar Member, seconded by Councilman Wright. The motion carried 4-0. Councilman deLong nominated Morton Goldstein, 130 N. E. 26th AVenue, Boynton Beach, as an Alternate. He said he gave everyone a resume a month ago when he found out there was going to be a change in the number of Members on the Board. Mayor Trauger also submitted for nomination as an Alternate Member the name of Allan Nyquist, who was the City's former Fire Marshal~. and'who is quite well versed in the City as far as Codes, the enforcement of Codes, and what to look for in that area. Councilman deLong moved, seconded by Councilman Wright, that the nominations be closed and reaffirmed by affirmation the appoint- ment of Clarence Clark as a replacement for Foy Ward in the General Contractor's slot, and Morton Goldstein and Allan Nyquist be appointed as Alternate Members to the Board. The motion carried 4-0. In view of the fact that Councilman Wright did n~t have any appoint- Councilman deLong acquiesced and said the Council permit Councilman Wright to submit a Member for the vacancy coming up on the Housing Board. City Attorney Vance said that was not appropriate for a motion but was just a feeling Councilman deLong expressed. BOYNTON BEACH HOUSING AUTHORITY Mayor Trauger informed Councilman Wright that Stephen Seltzer!s term has expired as Chairman of the Boynton Beach Housing Authority. Mayor Trauger talked to Mr. Seltzer, and Mr. Seltzer was interested and then he was not interested. Chairman Seltzer told Mayor Trauger today (August 3, 1982) that the Boynton Beach Housing Authority is taking too much time from his personal business in Pompano Beach but he would like to serve through another meeting for the unfinished business which he has started. That is why he did not wish to resign effective as of tonight. - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 ADMINI.STRATIVE Donation' from 'CaSt-0.f'f. iSqUareDan'~ce Club City Manager Cheney reported that'6nC~'again the City has received a-donation from the Castoff Square Dance Club, which happens annually. This' year City Manager Cheney said they donated $1,000. They sent a statement saying they appreciate having the Civic Center-.available for their use. City Manager Cheney believes they use the Civic Center three nights a week, and it a very successful, popular program, A lot of people have bene- fited from their program and had a good time, City Manager Cheney continued. Councilman deLong asked if the money goes to the Recreation Fund, City Manager Cheney replied that it is usually used for some improvement in the Civic Center area. Councilman deLong moved to accept the donation, put it in the usual fund, and send a letter of thanks, seconded by Vice Mayor Warnke. City Manager Cheney wondered if anyone was present from the Cast- off Square Dance Club. There was no response. Councilman Wright thought the Council should consider the Club's recommendations and meet .their suggestions concerning the floor. City Manager Cheney commented that there are two dance groups in the Civic Center. One group likes a slippery floor, and the other group does not like a slippery floor. The City tried an alternate and they. have gone back to a less slippery floor, which has made the square dancers happy but the others do not think the floor is slippery enough. City Manager Cheney said they are aware of the floor problem and will continue to .work on it. A vote was taken on the motion, and the motion carried 4-0. Review Placing DedicatiOn Plaques on Four City BUildings City Manager Cheney suggested to the Council that plaques be put on the Clubhouse, the Engineering Building, Recreation Building, and the Water Department office and garage complex. Councilman deLong thought they should hold Off on the boat club until the City makes the appropriate changes down there, as it is to be renovated. CounCilman deLong suggested all of the Plaques be put on the inside of the buildings because if they are put on the outside, they will be lifted over night. City Manager Cheney said the City has not had that problem, because most of the plaques are still there. He explained that the City 'has.many plaques on the outside that have not disappeared. Mayor Trauger referred to the memorandum from Vice Mayor Warnke dated July 24, 1982 and stated that he thought they would be establishing a rather strange precedent if they included the Commodore and the original people on the boat house because that same logic would fit to where the purchasing building is, to - 21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 where the Boy Scout hut was, and the City would be reperpetuating many, many things. Mayor Trauger thought the policy should be the City Council when the project was initiated. From his experience, Councilman deLong noted there~was so little recognition of people having served the public before (it is a thankless job), that the City should put ~the plaques on so that the public in the future can be reminded of the people..who served.~ - '~ Councilman Wright observed that the price of the plaques was another question that was raised. He thought they should go with the bronze plaque. Councilman Wright thought the buildings would be standing for a long time and they should make sure the plaques stay around for awhile. Councilman Wright moved to accept City Manager Cheney's recommendation for placing plaques on buildings~ as outlined in his memorandum of JUly 15~ 1982. The motion was seconded by Councilman deLong and carried 4-0. Request permission to refurbish existing sign on US ~1 and ~SE 28th ~Circle ~L~oS Mangos Propert~y Owners Association Inc.) Councilman deLong moved to grant-permission to refurbish the exist- ing sign. City Manager Cheney thought Samuel Scheiner, A.I.A. wished to speak. He said this had been held off because Mr. Scheiner had been on vacation. Samuel SCheiner, Architect, 528 S. E. 27th Terrace, Boynton Beach, Florida 33435 informed the Council that the present sign at the entrance to S. E. 28th Circle on US ~1 looks something like a model he showed to the City, which he said could not be seen at night. Mr. $cheiner's proposal was to put lights on each side and to build a little roof over them to protect the lights. He thought it would create a little more interest in that particular spot. City Manager Cheney told-the'Council that this sign was Los Mangos Property OwnerS' Association's sign in the Public right- of~way, They will maintain the sign, put the lights in, and main- tain the lights. City Manager Cheney said the Council would be giving the Association permission to do this in the median strip in the public right-of-way. Councilman deLong again moved that the permission be granted, seconded by Vice Mayor Warnke. Motion carried 4-0. Consider further review and action concerning County Road and Bridge Fund'All~ocations and Procedures Mayor Trauger entered this item on the Agen'da. He received a communication from the Mayor of Delray Beach and also a letter, which was being passed out, of a study that was made by Kelton & Associates, Inc. attacking the County from the point of view of - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 which they raise taxes, and whether it is to be considered a part of roads and bridges. Mayor Trauger said the formula is specified by the State to the County as to the allowed money that is distributed to the City. In a review of this, somewhat similar to the dual taxation clause that the City had previously, Mayor Trauger said it appears that the cities are on the rather "short end of the stick" in receiving County funds. Delray Beach would like to actively pursue this matter and Mayor Trauger believed West Palm Beach, Riviera Beach, and perhaps Lake Worth would too. With that information and the study shown by Kelton & Associates (which isthe same firm that took care of the dual taxation suit against the County), Mayor Trauger advised that the City has employed, as its position, an attorney to join that suit. Mayor Trauger moved that the City Council instruct City Manager Cheney and City Attorney James Vance to prepare the appropriate Resolution and action to enjoin with any other City of Palm Beach County who wishes to go to'Court against Palm Beach County to inquire into the CoUnty Road and Bridge Fund allocation and its procedures. Councilman deLong seconded the motion. Councilman Wright asked if it would take any additional funding. Mayor Trauger answered that i~ will probably require attorney's fees as usual, but by the reading of it, the City would stand to gain considerably more from it than the price any legal action could possibly.~beifseveral other cities join with Boynton Beach in this. Mayor Trauger said it was the same as on the dual taxation ~uit. A vote was taken on the motion, and the motion carried 4-0. ADJOURNMENT There being no further business to come before the meeting, the meeting was properly adjourned at 8:55 P. M. CITY OF BOYNTON BEACH, FLORIDA - 23 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 3, 1982 ATTEST: ~, ~ ~, Counci~ an ~~iCity Clerk Recording Secr~ary (Two Tapes)Ii - 24 - AGENDA August 3, 1982 DMINISTRATION Approval of Bills= BBR General Contractors~ Inc. Emergency Repair on Sanitary Sewer Pay from Water & Sewer Revenue 401-351-535-40-3F Board of County Commissioners County Landfill for month of June, 1982 Pay from General Fund 001-341-534-40-9A 0 Boyle Construction Co. Est. %17 Pump Station 316 & 319 for period 5/21/82 to 6/20/82 Pay from Utility General Fund 403-000-169-11-00 75% reimbursable from EPA Grant Boyle Construction Co. Est. %18 Pump Station 316 & 319 for period 6/21/82 to 7/20/82 Pay from Utility General Fund 403-000-169-11-00 75% reimbursable from EPA Grant Se Caldwell, Pacetti~ Barrow & Salisbury For Legal Services rendered - JCF v. Boynton Beach Pay from General Fund 001-141-514-40-61 Davis Water & Waste Industries~ Inc. Odophos Liquid No. I for Sewage Pumping Pay from Water & Sewer Rev 401-352-535-30-65 Halsey's 9 Visible Record System per bid specifications Pay from Water & Sewer Rev 401-334-533-60-71 ~oblar Constructors & Engineers Est. %6 i MG Water Tank & Booster Station for period 6/16/82 to 7/16/82 Pay from Utility General Fund 403-000-169-01-00 e Ranqer Construction IndustrieS, .Inc. Est. %3 & Final' Street Resurfacing P.O. 52912, County P.O. 26686 ~ay from General Fund 001-411-541-60-3N Council approved 12/1/81 $ 3,374.00 17,023.00 41,090.21 33,050.83 3,780.57 8,280.00 1,977.66 109,338.86 34,987.57 COUNCIL APPROVED: -2- 11. 12. 13. 14. 15. S.I. Lime Company Lime for Water Treatment Pay from Water & Sewer Rev 401-332-533-30-65 7,747.48 South Central Regional Wastewater Treatment Board Est.%2 Construction of Sludge Conditioning and stabilization facilities at the plant by Lanzo Constr. Co. 5~ due from Boynton Beach Pay from Utility General Fund 403-000-169-11-00 10,397.70 Underground Supply Co., I.nc. PVC Pipe for Hypoluxo E. to Seacrest South to N. Palm Way -- Drainage Improvements Pay from General Fund 001-411-541-60-3P 1,099.00 Certified Welding Engineers .Inc. Repairs to Sanitation %60 --- 1,975.00 Less 2~ -39.50 1,935.00 Sub Total Repair to Police Cars/Various I02.00 Less ~ -2.04 $ 2,035.46 Total Due 2,035.46 Isiah Andrews Driver for Senior Citizens Club Pay from Federal Revenue Sharing 2 wks. 320-641-564-40-5A 140.40 Willie Ruth McGrad¥ Server for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing 320-641-564-40.5A Ordinance %73-15, passed 5/15/73 134.40 The bills described have been approved and verified by the department heads involved; checked and approved for paymen~0UNC~L by the Finance Department. Meeting: Grady W. Swann, Finance Director I therefore recommend payment of these bills. ~ /3 [4~0/~ ~"/~ nager 'Pet ~ ~ ~ ' '