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Minutes 07-06-82MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 6, 1982 PRESENT Walter "Marty" 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 Vance, City Attorney Mayor Trauger called the meeting to order at 7:30 P. M. The invocation was given by Rev. Edward Wollenweber, Congregational Church, followed by the Pledge of Allegiance to the Flag led by Councilman Samuel Lamar Wright. ~Councilmemeber Woolley arrived five minutes late; therefore, Mayor Trauger requested Councilman Wright to lead the Pledge of Allegiance to the Flag.) AGENDA APPROVAL Councilman deLong moved to approve the agenda as presented, seconded by Council~member Woolley. Motion carried 5-0. i~NNOUNCEMENTS It was a great honor for Mayor Trauger to announce that City Clerk Tereesa Padgett came to work for the City of Boynton Beach on July 5, 1952 and became the City Clerk and Tax Collector in 1959. Over the years, she has served in various other acting positions, including that of the City Manager. In early 1970, her title was officially changed to City Clerk because the City no longer was involved in the collecting of property taxes. Mrs. Padgett is a member of many municipal organizations and has held various positions within them. Mayor Trauger believed the whole COuncil and all of the citizens of Boynton Beach should commend Tereesa Padgett for the outstand- ing job well done over these past thirty years of service. He knew personally that Mrs. Padgett has been of great service to him since he has been in the City. Mayor Trauger stated that he has known Tereesa Padgett for a long time, but as Councilman deLong has served the City longer than most others, Mayor Trauger thought he would like to add his comments. Councilman deLong knew Tereesa Padgett when he was in government down in Boca Raton. During the period of 52 years when Council- man deLong served the public, he never (although he has had occasiQn to be involved in appointiR~City~Clerks) b~seon~acrossan individual more competent and qualified than Mrs. Tereesa Padgett. If you have any problems and you go to see Tereesa, Councilman MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 deLong said you would find out that she is well organized and can put her finger on whatever you are trying to survey in nothing flat. Councilman deLong also appreciates the way. Mrs. Padgett greets the public and the serviceability that she extends toward them. He said it was a pleasure to be associated with Mrs. Padgett as a City Official. To show that they had not forgotten her, the Council presented Tereesa Padgett, City Clerk, with an orchid corsage. There was loud applause, and Mrs. Padgett received a standing ovation from the audience. Mayor Trauger was happy to announce that the State of Florida, Department of Veteran and Community Affairs, Division of Local Resource Management, has honored Councilman Samuel Lamar Wright by appointing him to that Committee. Mayor Trauger read the letter whiCh appointed Councilman Wright to serve as a Member of the Community Services Block Grant Advisory Committee. Members were selected from the names of knowledgeable and active individuals submitted by the State Association of County Commissioners, the League of Cities, eligible entities, and migrant and seasonal farm work organizations. Mayor Trauger informed people in the City that this organization is the administration for the State of the Community Services' Block Grant Funds that are used to assist low income participants, including the elderly poor to secure and retain meaningful employment, to attain an adequate education, to make better use of an available income, obtain and maintain adequate housing and suitable living environments, obtain emergency assistance through loans and grants to meet the immediate and urgent individual and family needs, to remove obstacles and solve problems that block the achievement of self sufficiency, and to achieve a greater participation in the affairs of the community. The Council Members were pleased that .Cou~ncilman Wright was given this recognition from the State. Vice Mayor Warnke was approached by a visitor from the north this morning, while he was at City Hall. The visitor wanted to find the Chief of Police. After giving the visitor directions, Vice Mayor Warnke inquired as to his problem. The visitor answered that he wanted to compliment the Chief of Police on the very courteous way the local Police Officers assisted him in directions and beach laws. The visitor went on to say that Boynton Beach has definitely the best and most courteous Police Force on the East Coast. Vice Mayor Warnke wished to have this compliment to the Boynton Beach Police Force added to the public record. - 2 - MINUTES - REGULAR CITY. COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Mayor Trauger announced that we Were honore~ and fortunated to have our State Representative to the House of Representatives'with us. State Representative Frank Messersmith came to offer help and assistance, as he serveson a select Committe~ on water resources.'~ S~ate Representative Messersmith wanted to bffer help in particular areas. After the Special Session, State Representative Messersmith read in the paper of the work and effort the Cit for a water supply for the City. It happen pertinent to their committee activities rig looking at some of the new technology that osmosis plants, an~ they are going to be pa cities such as Boynton Beach that look at g supplies and costs of'going out and perhaps lands' areas and trying to put facilities i Messersmith stated that reverse osmosis may economically feasible in the very near futu committee was working on that. ~ had going in new wells to strike in an area ~t now in which they are ~s evolving in reverse ~ticularly applicable to ~owth and watch condemning other wet- 5. State Representative in fact, be more we. He said their State Representative Messersmith went to Sa~asota and talked to C ty Manager Cheney about lt. He said he wbuld submit a report to the City ~ouncil about that visit and try tQ keep information ~ coming to the City regarding those developments. He thought per- haps that would be helpful. The second area involving water has to do w Representative Messersmith took a high prof Citizens in Boynton Beach and Lantana, who some flooding problems, and State Represent been receiving letters from citizens in Boy~ He offered to get involved with the Departm see what help they could offer from the Sta the City in this particular matter. ith water runoff. State [le of the area. kive along 1-95, have ~tive Messersmith has ~ton Beach and Lantana. ~nt of Transportation to 5e level to further aid Mayor Trauger announced that tonight, there was a new reporter at the meeting: Joe Schwerdt, from the Post and Evening Times Extra. MINUTES City CoUncil Meeting Minutes~of 'June 15, 19 Councilman deLong moved the adoption of th6 seconded by Councilman Wright. Motion carr PUBLIC AUDIENCE Mayor Trauger asked that anyone in the audi on any item on the agenda please come forwa~ to Tereesa Padgett, City Clerk, and they wo' that item comes up on the agenda. 32 minutes as submitted, [ed 5-0. ~nce who wished to speak 3d and give their names ~ld be called upon when He asked that anyone wishing to - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 speak on any item that is not on the agenda please come forward. Harry Cohen, 1616 Palmland Drive, Chanteclair Villas, Boynton Beach, appeared as a representative for Chanteclair and Palmland Villas. Mr. Cohen said the owners of Chant~clair and Palmland Villas are deeply concerned with the conditions existing around the perimeter ~f ~their'developments, particularly Palmland Driv~ and Charter Drive, located just north of H~nterS Run on Congress Avenue, and oppoSite the drive leading to South Technical School and the entrance to the CoUnty School plus the parking areas. Mr. Cohen said twoi~meetings were held with City Manager Cheney, the first arranged at their request, with a group of interested owners and Board of Directors from Chanteclair and Palmland Villas. ; The second meeting, at the suggestion of City Manager Cheney, was a general meeting.of the owners of both Villas. During the first visit, Mr. Cohen said they toured the areas concerned. City Manager Cheney made notes of the conditions needing correction. At the conclusion of the second or general meeting, many of those attending aired their views of dissatis- faction with Mr. Cheney's replies, which were mainly in the negative, Mr. Cohen reported, and so worded that they left no clear understanding as to what would or what would not be done. Mr. Cohen informed the Council that their r~asonable request for safety and beautification would enhance the_appearance of Boynton Beach in the eyes of visitors, prospective buyers, and investors. e requested a meeting w!th the governing body of Boynton Beach for the purpose of presenting their ideas ~lans and proposals to increase the safety and beautification of'their section.of Boynton Beach. ~s ~this .had been "hanging fire for quite awhile", Councilman deLong moved that the situation-be turned over t° City Manager Cheney and Mayor TraUger ~representing the ~ity Council) to see what they could work out with the people insofar as the problems they have out there. Councilmember Woolley seconded the motion, and the motion carried 5-0. CONSENT AGENDA: Matters in this section of]the Agenda are proposed by the City Manager for "Consent '~genda''' Approval A. Bid for Bulk Quick Lime (Pebble) - Utilities Based on all the problems the City experienced with Allied Products deliveries and the critical nature of this product in'the treatment plant, William H. Sullivan, Purchasing Agent, concurredi~with~-~srry Cessna, Director of Utilities and'~c~Robe~t'Kenyon, SuperVisor, Water Treatment PIan~s~e~n~a~ns~and.~e~award the contract to - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6', 1982 Longview Lime, Birmingham, Alabama, for $76.09 per ton. B. Consider Change Order No. 2, Johnson & Davis, Inc. - R & A Project No. 626-681-.67, P.S. 317 Gravity Extension Perry Cessna, Director of Utilities, reviewed the change order and found it in order. Th~ conditions described did cause extra work at lift station 9317. Change Order No. 2 was .approved for payment in the amount of $6,298.22. Ce Ratification of South Central Regional Wastewater Treatment and Disposal Board Action - Change Order No. 1, Lanzo Co~ns'tructi0n Company - Sludge Dw Ratification of South Central Regional Wastewater Treatment and Disposal Board Action - Resolution No. 1-82 - Population Projection Ee Request for Temporary Trailer at 1401 Neptune Drive, submitted by Greet ~T~Ie ~Company F. Request ~uthorization to Dispose of Records: Building Plans and Specifications, Building Permits with Attachments - October 1, 1977 through December 31, 1980 e Building Plans and Specifications, Building Permits~with Attachments Finaled as of June 11, 1981 (1978 through 1980 and 1981 through June 11, 1981) 3. Finance Department Cash Receipts prior to June 1, 1978 4. City Clerk's' Office - Tax Receipts - 1961 Tax Roll G. Approval ~f Bills See list attached and made a part hereof. (Pages 5a thru 5d) Councilman deLong moved to approve the Consent Agenda proposed by City Manager Cheney, Items A through G inclusive, seconded by Vice Mayor Warnke. No discussion. Motion carried 5-0. In the future, Councilman deLong thought instead of saying that each of the recommendations for items ~under the Consent Agenda should be made a part of the public record, the recommendations or memorandums should be part of the public record (memos and recommendations from department heads such as the City Engineer, Building Official, Director of Personnel, Finance Director, etc.). Councilman deLong moved that it become axiomatic that the recommendations or memorandums become a part of the public record, seconded by Councilman Wright. No discussion. Motion carried 5-0. - 5 - AGENDA July 4, 1982 ADM IN IS TRAT ION Approval of Bills: Allen Insurance Agency Renewal of Police professional Liability Pay from General Fund: 001-211-521-40-46 9,347~50 00!-000a223-09-00 27,522.50 (Deferred Expense) Allied Prod~ Pebble Quicklime for Water Treatment Plant Pay from Water & Sewer Rev° 40!~332-533-30-65 o Allied Universal Corp_a Chlorine for Water Treatment Plant & chlorine gas cylinder for Bristol Springs~ Pay from Water & Sewer Rev 401-332-533-30m65 1,813.05 Pay from Bristol Springs ~07-332-533-30-65 194.40 Barker Uniforms, Inc. Work Shir~s for Clothing Acct. Pay from Water & Sewer Rev 40!~395-539-30-97 ° Board of Co~nty~ Commissioners County landfill for month of May, 1982 Pay from General Fund 001-341-534-40-9A B__0_yle Construction Co.Est. ~16 Pump Station 316 & 319for 4/21/82 to 5/20/82 Pay from Utility General Fund 403-000~169-11-00 75% reimbursable from EPA Grant Coastal Ford Truck Sa!es~ Inc. Leach ~ont Loading Body on 8000 Ford Chassis Pay from San. Capital Replace. I03-4!1-54!~60-8A Per bid 12/1/81, Council approved 1/5/82 Dale's Paint & Body Shop Repair cost to Sanitation Truck Pay from General Fund 001~000-247-41~00 $ 36~870.00 !4~788.00 2~007.~5 2,580.60 17,669~00 124,855.79 74,9!6.26 1,404.73 - 5a - COUNCIL APP OVE 7/6/82 OOUNCIL MIN Davis Water & Waste Industries Odophos Liquid no. 1 for Sewage Pumping Pay from Water & Sewer Rev. 401-352-535-30-65 The Gard_ _ ~n Store Final Payment Less 5% Irrigation work and sodding Swale Construction Project for Mission Hill Road and Church Hill Road Pay from General Fund 00!-4!!-541-60-3P Per bid of 4/13/82 $ 4,180.00 8,172.37 !i. Instrumentation Laborator~f_Inc. 19,609.47 For atomic absorption spectropho~ometer per bid specifications for Water Plant Pay from Water & Sewer Rev~ 401-332-533-60-42 Per bid 3/30/82~ Council approved 4/20/82 12. Johnson-Davis_ _. _~. I~ Order ~2 Final 6,298.22 P.S. 317 Gravity Extension Pay from Utility General Fund 403-000-169-11-00 13. Johnson-Davis 23,978.00 Emergency Sewer Replacement sanitary sewer lines. N.E. 24th. Ave~ 344' of N.Eo 4th. Court, & 15' of Railroad Ave. Pay from Util Cap. ImProve F~nd 404-000-169-11-00 Council approved 5/4/82 14. Keatts Truckin~ Final Pay_~_qnt 3~734.65 Swale Construction Project Pay from General Fund 001~411-54!-60-3P Per bid 4/13/82~ Council approved 4/20/82 !5~ Koblar Constructors & Enqineers Est. ~5 3!~355.10 I MG Water Tank & Booster Station for period 5/16/82 to June 15~ 1982 Pay from Utility General Fund 403-000-169-0!-00 16. Motorola Inc. 4,405.00 Portable Radios (3) & F~360 10 Channel (t) for Fire Dept. Pay from Fed. Rev. Share~--320-22!-522-60-9E State Contract ~725-52-81-! - 5b - iN__eptune Meter Comp~%~ 234 Water Meters for PoO. 204 Meter Sets for P.O~ 54376 ..... Pay from Water &'Sewer Revo 401-333-533-60-51 $ !6,008.00 -Palm Bea~ So!id Waste Authoritz Proportionate share of costs incurred feasibility study~--Leonared S. Wegman Co.~Inco/Barker, Osha & Anderson Inc~ Pay from Federal Revenue Sharing 320~!95-519-40-6I 9,114.30 Real Estate Edition 21~ Aerial Map Volume South & Microfiche. Pay from General Fund 001-241-524-40-72 1,107.60 20. Sevfarth~ Sh~w_,Fairweather & Geraldson Legal Services during April, 1982 Pay from General Fund 001-141-514=40-6M 00!-!41~514-40-61 165~00 2,840.00 559.76 3~564.76 21. South_Cent_ra!.~e~ional Wastewater Treatment Board Est.%l 9,630.00 Construction of Sludge Conditioning and stabilization facilities at the plant-for Lanzo Constro Co. 5~ due from Boynton Beach Pay from Utility General Fund 403-000-169-11-00 22~ South Central Re_~ional Wastewater Treatment Board 73~088.00 Se~;ices in the treatment & disposal of wastewater for the month of June, 1982 Pay from Water & Sewer Rev 401~353=535-40-9I 23. R~ J. Sullivan CorpoEst. %5 8,080.00 For Chemical Feed System Modification for 4/30/82 to 6/20/82 Pay from Utility General Fund 403-000-!69-0!=00 24. Wallace_ Roberts & Todd 2,180.00 Professional services rendered Inv. ~4-82255 - Boynton Beach Park Improvements Inception thru 5/3i/82 Pay from Federal Revenue Sharing 320-000-247-85-00 25. Isiah Andrews 210.60 Driver for Senior Citizens Club Pay from Federal Revenue Sharing Ordinance ~73-15, passed 5/15/73 3 ~ks. 320-641-564=40=5A - 5c - 26. Willie Ruth McGra~ Server for Senior Citizens Club Pay from Federal Revenue Sharing Ordinance ~73-15, passed 5/15/73 3 wks. 320-641-564-40-5A 201.~o0 The bills described have been approved and verified by the department heads involved~ checked and approved for payment by the Finance Department. therefore recon%mend payment of these bills° COUNO!L Meeting MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6~ 1982 BIDS Special Item - Revision of Pump Equipment and Controls for Feed- ing Odophos - Utilities ............. City Manager Cheney explained that this was not a typical bid situation. It a change in the method of feeding odophos. City Manager Cheney said it was an agreement to go with a company. He said they were the only people who could make the change for the City. City Manager. Cheney said it will do two things: 1. .Reduce the use of odophos. (.Since we are spending~about $130,000~.00 a year on Odophos, which is the chemical used to control odor, City Manager Cheney pointed out anything we could save there would be a help). 2. It will also give the City better control of the feeding process of odophos because tKat is where the amount of odophos that is put in is related to the flow of sewer that is going through the lift station at a time instead of always putting in the same amount. City Manager Cheney referred to the memorandum from Perry Cessna, Director of Utilities, dated June 17, 1982, which indicated it was used successfully in the City of West Palm'Beach. Mr. Cessna thinks it would be a big step forward and the City would get better control. City Manager Cheney said it was another step of the City of Boynton Beach doing its share to relate to the odor problem. City Manager Cheney recommended that the Council authorize the change in the odophos feeding method to be implemented. He said the cost would be appoximately $15,000.00 for five major lift stations. Councilman deLong questioned City Manager Cheney as to the funds not being available in the current budget but they are available in the Utility-General Fund. City Manager Cheney said that was correct. However, he anticipated that within a year, the funds would come back to the City because it would reduce costS. Councilman deLong moved to accept City.Manager Cheney's recommenda- tion in changing the method of feeding odophos, based upon the memorandum from Perry Cessna, Director of Utilities, dated June 17, 1982. The motion was seconded by Councilmember Woolley. Mayor Trauger suggested that a copy be sent to the Pines of Delray North. Councilman Wright agreed. City Manager Cheney thought they should be sent a letter. A vote was taken on the motion, and the motion carried 5-0. - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Emergency Purchase - Replacement of Pump and Column Pipe damaged by broken pump shaft at Well #10 - Utilities City Manager Cheney. believed the memorandum from Perry A. Cessna, Director of Utilities, dated June 23, 1982. was self-explanatory. He'explained that Well #10 is out of service because they had a break in the shaft and the pump was broken. City Manager Cheney recommended that the Council authorize an emergency purchase from a single vendor. All of the replacement parts needed, as well as the rewiring by Edwards Electric, would be in the amount of $5,500.00. Councilman deLong moved to approve the recommendation of City Manager Cheney and waive the bidding. The motion was seconded by Councilmember Woolley. Councilman Wright asked if there were adequate funds for this. City Manager Cheney replied we have it in the Operating Budget. A vote was taken on the motion, and the motion carried 5-0. PUBLIC HEARING: 8:00 P. M. None. DEVELOPMENT PLANS ae Request to accept applications and for City Planner to follow timetable to accomplish appropriate procedures for Annexation, Rezoning, Land Use Amendment 1. Point Manalapan - High Ridge Road, approximately one mile south of Hypoluxo Road · city~ Manager Cheney~informed Members of Council that they have the material that has been submitted, and the procedure for annexation is that it comes before the Council and if they choose, they forward it to the City Planner and then the Planning and Zoning Board for all of the proper steps it t~.kes to address the question of annexation. City Manager Cheney said that Point Manalapan is identified on the map as that puI'ple area in the top righthand corner of the map. City Manager Cheney added that they read a lot about the question of the extension of High Ridge Road and whether or not there would be a hiatus. He said that was incidental to this particular annexation. City Manager Cheney said this annexation of the land probably should be in the City for service, and the Council has taken the position that High Ridge Road should be continuous from Hypoluxo to N. W. 22nd without a hiatus. He said there should be a wall or something to prevent through traffic. City Manager Cheney advised that the hiatus was voted to be in place by the Board of County Commissioners by a 3 to 2 vote at a meeting they - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 held without telling the City it would be taken up at that meet- ing. The City understood it would be on the County's agenda for June 29th. Somehow, it was on their agenda for June 8th. Not only was the City not notified, but City Manager Cheney said the citizens of Point Manalapan were not notified. He advised it will be reconSidered by the Board of County Commissioners three or four months hence. City.Manager Cheney reiterated that the annexation is separate from that and should go forward. Councilman deLong moved to. accept applications and for the City Planner ~Carmen Annunziato) to accomplish appropriate procedures for annexation, rezoning, and Land Use Amendment. The motion was seconded by Councilmember Woolley. Congress Lakes PUD (.Rit~co Corporation) - west of Congress Avenue, north of Boynton canal ......... City Manager Cheney further commented that the second large purple area (kind of in the high middle of the map) is the Congress Lakes Projectt which is located just north of the Boynton Canal and just north of the proposed DeBartoto Mall. It looked to Councilman Wright like there were a lot of road improvements. He asked if the developer would be paying for all of them. City Manager Cheney did not know. He informed the"Couhcil~that the County went back to the State two weeks ago to request a second allocation of State economic development money for Congress Avenue. He asked the Council to recall that the State paid half of the cost of the current Congress Avenue project somewhere a little less than two million dollars. The State, along with Motorola, went back and asked for some additional funds. City Manager Cheney said there were applications for some Thirty Million Dollars, he believed, and said there was Six Million Dollars available. City Manager Cheney said the State has currently awarded another Eight Hundred Thousand Dollars to Palm Beach County for the next section of Congress Avenue. As City Manager Cheney understood it, the County is trying to arrange with some of the developers like Congress Lakes and others in that area to possibly put their, caSh up ahead of time to develop Congress Avenue. He pointed out, just so the Council would understand the allocation of County funds for this part of the County, that ob.viously the City is very happy ~ with the effort of the County to get Congress Avenue widened. However, .City Manager Cheney called attention to the fact that the County has been clever enough to be sure that virtually no County money has gone into the widening of Congress Avenue. City Manager Cheney was in favor of it but stated that sometime in the future, they should remember there have been no significant County funds in this particular part of Boynton Beach and possibly they should be considering the allocation of County funds in that part of Congress Avenue south of N. W~ 22nd, where there are no developer funds coming forth in the future. Mayor Trauger had the feeling that whenever the County completes that road and its paved and open, then Motorola and DeBartolo will Proceed. He did not blame them. -- 8 -- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 City Manager Cheney advised that Motorola is proceeding. building a foundation. Councilman Wright commented that DeBartolo has some problems yet. They are Vice Mayor Warnke asked if Congress Avenue was under the County's jurisdiction. City Manager Cheney replied that it is a County highway. Councilman deLong said the reason it was not cut through to 22nd Avenue in the past was because a former County Commissioner had a relative living here that did not want to see it cut through. Councilman deLong included both.~Point~Manatapan and Congress Lakes PUD in his motion to accept the applications and for City Planner Carmen Annunziato to follow timetable to accomplish appropriate procedures for annexation, rezoning, and Land Use Amendment. Councilmember Woolley agreed to the above J motion~and seconded it. Motion carried 5-0. Preliminary Plat Extension Request for Additional Six Months - Congress High Point Carmen Annunziato, City Planner, informed the.Council that there are two issues involved here and they both concern, in part, the County and in part failure for the developer to go ahead consistent with the timetable once proposed. Mr. Annunziato asked the following: 1. How long or how many times should the Council continue to reapprove a development or, in this instance, the issue of the approval of the preliminary plat? 2. How can the Council address changes in conditions from when a master plan was approved through an extension on approval of a preliminary plat as it applies to the development of that site? In connection with the application by High Point to extend their preliminary plat for six months owing to the fact that there had been no changes in the Comprehensive Plan as it applies to this property from the Land Use viewpoint, the staff recommended that the application be approved. However, Mr. Annunziato said there have been some significant changes with respect to the intra- structure that would serve the development. 'By that, Mr. Annunziato meant the availability of both road and water capacity. Checking with the County as to the number of trips per day traversing Congress Avenue in this area, Mr. Annunziato infOrmed the Council they are far beyond the limits- of a two lane highway with the average peak being somewhere around 13,000 trips per day, exceeding the normal 11,000 to 12,000 trips per day that you could expect from ia two lane high- way. With respect to water, Mr. Annunziato said Perry Cessna, Director of Utilities, reports that it is imperative now that the City - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 complete the loop of 16 inch water line which currently terminates somewhat to the south of the property from the south and terminates at the north, where Ocean Drive intersects Congress. Mr. Cessna feels that with commitments to development that have been made and that with the availability of water in the system that this connection has become necessary. Mr. Annunziato said they put together a comprehensive memo suggesting that perhaps the developer can do some up front bonding and construction in connection with his request for an extension of his preliminary plat. Mr. Annunziato commented that this was one way to begin to evolve policies as to what happens when it has been some two years since commitments have been made and capacities become less and less and, in this instance, disappear with respect to roads. It appeared to Councilman deLong that the City Planner and the Director of Utilities had pretty well outlined commitments that they want to see carried out. The recommendation was that-this request be granted, based upon the fulfillment of these commit- ments, as outlined in the memorandum dated June 11, 1982. Councilman deLong moved that the request for an additional six months be granted. Councilmember Woolley seconded the motion. Attorney Vance asked if a representative of Congress High Point was present, as he wanted to find out if he was agreeable to the recommendations as contained in the memorandum of Carmen S. Annunziato, City Planner, dated June 11, 1982. Kenneth Tate, Vice Presiden{, High Point of Delray Builders, Inc., 4640 High Point Lake Drive, Delray Beach, Florida 33445, came forward. He said he discussed with Carmen Annunziato, City Planner, the recommendations. Mr. Tate was sure that everyone was aware that the economy is not favorable for real estate developers at this time. He said they have one more section to complete in their Delray project, which is where they are coming from. At that time, Mr. Tate said they plan to move up to this site for their next development. He Saidhehad hopedto get O~o~ that ~rea this year but now it looks like"yourguess is as good asmine". Because of that, Mr. Tare said they requested the second six month extension on their preliminary plat. He advised there is no way they can afford to put in any improvements, and it could be years before.they ever develop the property.I Mr' Tate was not asking for that long an extension, as it would'not be a reason- able request. He said they are only asking for six months at this time, because they do not know what the economy will be. Mr. Tate said he discussed it wi~h Mr. Annunziato. When they are ready to develop, they agreed with Mr. Annunziato to withhold any - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 C.O.S until the work is completed~ Therefore, they would have no impact on either Congress Avenue or the water line without them expanding the present system prior to any c.o.s being issued. That was their proposal, Mr. Tate told the Council. He said they could not live with the memorandum that Mr. Annunziato made. Councilman deLong moved to carry out the recommendations of the City Pl~ner and the Director of Utilities. Attorney Vance said language to this effect should be added to the motion; "-that the extension is only effective in the event the developer inf0rmsi~he City ~hat the conditions contained in the extension are acceptable." Attorney Vance noted that the developer said he could not do so so, obviously, an extension with that language would not actually go into effect. Mr. Vance asked when the current preliminary plat would expire. Mr. Tate said it would expire any day now, but it was not at issue because they could not accept it. If they have to put in the roads, which could be months or years before they have to do the developing, Mr. Tate said they could not aff6rd to do it. He stated that obviously, they could not afford to spend $300,000.00 and $400,000~00 at this time. City Manager Cheney pointed out that there were several things that City Planner Carmen Annunziato's recommendation says, It says that Within sixty days the developer has to do something on three or four occasions and within 360 days he must do something, City Manager Cheney reminded the Council. He said Mr. Tate was obviously saying the developer is not going to do that, but the adoption of Mr. Annunziato's recommendation does not require any- thing to happen sixty days from now. If the developer does not do something within sixty days, then the intent Of Mr. Annunziato's recommendation and Councilman deLong's motion is solid. If the developer does not go w~ith sixty days, then Mr. Cheney thought he was not accepting the proposal that has been made. In a way., Mr. Cheney said the ~City had built in sixty days but the developer is saying he doesn't even want sixty days to think about it. Councilman deLong still wanted to abide by the recommendations of Carmen Annunziato, City Planner, and Perry Cessna, Director of Utilities, as outlined in Mr. Annunziato's memorandum of June 11, 1982. Councilman deLong felt when Mr. Annunziato or Mr. Cessna set a policy or make a recommendation for the policy, the City Council sets the policy, not the developer.~ Attorney Vance advised Mayor Trauger that the Council should go strictly with the language contained in Carmen Annunziato's memorandum. As Mr. Tate had .not contributed to the memorandum, he requested that the memorandum be read into the public record. Mr. Tate also informed the Council that a copy of the memorandum was never sent to the~developer. Attorney Vance was assuming that-~Mr. Tate read the memorandum. He suggested that the item be'delayed for a few moments so Mr. Tate could read the memorandum. - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Councilmember Woolley exclaimed that Mr. Tate should come back to the next meeting, as this was not right. She withdrew her second to Councilman deLong's motion. Councilman deLong withdrew ~his motion. Councilman deLong moved to postpone the matter until the next Council meeting on July 20, 1982 and that a copy of Mr. Annunziato's memorandum of June 11, 1982 be furnished to the developer. The motion was seconded by Councilmember Woolley. MayOr Trauger asked Mr. Tate if he understood the motion. No discussion. The motion carried 5-0. Mr. Tate asked what the difference was between "tabled" and "postponed", as he thought the motion was tabled. Councilman deLong explained that "postponed" means you take it up at a definite time. "Tabled" means it lies there until you take it from the table. He advised that the COuncil follows Robert'.s Rules of Order. LEGAL Ordinances - 2nd Reading -'PUBLI~C HEARING Proposed Ordinance No. 82-14 Re: Annexation - First-American Bank of Palm B~each Country City Attorney Vance read proposed Ordinance No. 82-14 by title only: "AN ORDINANCE OF ~qE CIT~ COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A ~ UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PAI~4 BEACH OOUNTY AND THAT WILL, UPON ITS'ANNEXATION, CONSTITUTE A REASONABLY CC~PACT ADDITION TO THE CITY TERRITORY PURSUANT TO A PETITIC~ OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ~ANNEXATION PURSOANT TO SECTION 7 (32) OF TBE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA STASI/fES 171.044; PROVIDING THAT THE P~0PER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHAT,T. BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMDLTANSI)US.L_Y HEREWITH; REPEALING~AT.T. ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE;  DING FOR ADVE~ISING; AND AN EFFSETIVE DATE; AND FOR R PURPOSES. Councilman Wright moved the adoption of propo~sed Ordinance No. 82-14 on. second and final reading. Councilman deLon~'remlnded the ~CORhcil that there was a hearing so the motion s~ould be afterwards, Mayor Trauger asked if anyone in the audience wished to speak in favor of proposed Ordinance No. 82-14. There was no response. He asked if anyone in the audience wished to speak in opposition to proposed Ordinance No. 82-14. THE PUBLIC HEARING WAS CLOSED AS TO PROPOSED' ORDINANCE NO. 82-14. - 12 - MINUHES - REGULAR CITY COUNCIL 'MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 City Manager Cheney pointed out t~hat the City has.a map which indicates where this is. He said it was a small piece of land on the west side of Congress Avenue, just south of the Boynton Canal. He said it is the northeast corner of what has been knoWn as the DeBartolo property. Councilman Wright moved the adoption of proposed Ordinance No. 82-14 on second and final reading, Councilman deLong seconded the motion. A roll call vote was taken: on the motion by Tereesa Padgett, City Clerk, as follows: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright - Aye - Aye - Aye -' Aye - Aye Motion carried 5-.0. Proposed Ordinance No. 82-17 Re: Amend Land Use Element - First American 'Bank of 'Palm Beach County City Attorney Vance read proposed Ordinance No. 82-17 on second and final reading: "AN ORDINANCE OF THE Ci%Y OF BOYNTON BEACH, FIDRIDA, AMENDING ORDINANCE NO. 79-24 OF'.SAID CITY, BY AMENDING LAND USE ~.T.~gT OF RIRE COMPREHII~SIVE PI2~ OF. THE CITY BY ADOPTING THE PROPER 1AND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMIIL~SLY. HEREWITH WHICH IS ~DRE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CI{ANC~ FROM PALM BEACH ODUNTY ~CIAL PORSlV~ TO BOYNTON BEACH LOCAL RETAIL; PRDVIDING FOR A SAVINGS CLAUSE; REPEALING PRD- VISION; AN EFFECTIVE DATE; AND FOR ORtIIR{ PURPOSES., Mayor Trauger asked if anyone in the audience wished to speak in favor of proposed Ordinance No. 82-17. There was no response. He asked if anyone in the audience wished to speak in opposition to proposed Ordinance No. 82-17. There was no response. THE PUBLIC HEARING WAS CLOSED AS TO PROPOSED ORDINANCE NO. 82-17. Councilman deLong moved the adoption of proposed Ordinance No. 82-17 on second and final reading, seconded by Councilmember Woolley. Tereesa Padgett, City Clerk, took a roll call vote on the motion as follows: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Motion carried 5-0. - 13 - Aye Aye Aye Aye Aye MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Proposed Ordinance No. 82-18 Palm Beach County Re: Rezone - First American Bank of City AttOrney VanCe read proposed Ordinance No. 82-18 on second and final reading by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMEND- ING ORDINANCE NO. 75-19 OF SAiD CITY, BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED INTO THE CITY OF BOYNTON BEACH BY ORDINANCE AS (C-3) COMMUNITY COMMERCIAL; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor~Trauger asked if anyone in the audience wished to speak in favor of proposed Ordinance No. 82-18. There was no response. He asked if anyone in the audience wished to speak in opposition to proposed Ordinance No. '82-18. There was no response. THE PUBLIC HEARING ON PROPOSED ORDINANCE NO. 82-18 WAS CLOSED. Councilman deLong moved the adoption of proposed Ordinance No. 82-18 on second and final reading, seconded by Councilmember Woolley. A roll call vote was taken on the motion by Mrs. Padgett, City Clerk, as follows: ~ice Mayor Warnke CouncilmemberLWoolley Councilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye Aye Motion carried 5-0. Ordinances - 1st Reading Proposed Ordinance No. 82-19 Re: Amending Code Enforcement Board ~Ordinance 'changing number of members, etc. City Attorney Vance read proposed Ordinance No. 82-19 ~on first reading by title Only: "AN ORDINANCE OF THE CITY COUNCIL OF 5~qE CITY OF BOYNTON BEACH, FLORIDA, AMENDING (/q~fER 2 ADMINIS~TIC~, ARTICLE V, CODE ENFORCHMENT BOARD, TO CCMPLY WITH CHAPTEi% 82-37 OF THE LAWS OF FLORIDA, BY AMENDING SECTION 2-74 TO PROVIDE FOR A SEVEN (7) MEMBER CODE H~ORCSbS~T BOARD RATHER 5~{AN SIX (6) AND DFI~NG ~qE REQUIRHMEIqT 'FOR AN ALTERNATE; AMENDING SECTION 2-77 TO PNDVIDE THAT THE. BOARD SHAT.T. MEET AT LEAST EVER~ TWO (2) MONTHS AND TO PROVIDE AT LV. AST FOUR (4) M~MBERS OF THE CODES ENFOR~ BOARD MUST VOTE FOR ANY ACTIfEq FOR IT TO BE OFFICIAL; AMENDING SECTION 2-79 TO PRDVIDE FOR THE MAXIME~ FINE TO BE TWO HUNDRSD AND FIFTY DOLLARS ($250.00) PER DAY RAPIDER THAN FIVE RIEqDRED DOLT.ARS ($500.00) PER DAY AND TO AT,T[3,AT - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 FOR ~NFO~ BY ASSESSING LI~S AGAINST PBOPERTY ~-THAN THAT WHICH THE VIOLATION ~ ON AS W~W.L AS ENFO~ AGAINST THE VIOLATOR EVEN IF HE IS NOT THE OWNER OF THE .LAND ON WHICH %~E VIOLATION OCCURS ON; ENACTING S~L~TION 2-79.5 TO,DESCRIBE THE DURATION OF THE LIEN; AMENDING SECTION 2-80 TO PROVIDE THAT THE METHOD OF REVIEW OF THE BOARD'S ACTION. SHALL BE BY APPEAL RATHER.~jkN CERTIORARI; PROVIDING A REPEAL CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHF~R PURPOSES." Councilman deLong called the CoUncil's attention to the fact that this is one Board that does need alternates. There are no Alternates on the Codes Enforcement Board, and h~ recommended that two AlternateS be put on the Board. Councilman deLong informed the Council that the Codes Enforcement Board could not have a meeting about a week ago because members did not show up. Councilman deLong stated that nothing in the~ law prevented the Council from strengthening the Board by putting Alternates in there. He noted Alternates were not mentioned in proposed Ordinance No. 82-19. Councilman deLong asked Attorney Vance if- two Alternates could be included in proposed Ordinance No. 82-19. City Attorney Vance said the Ordinance was prepared by Assistant City Attorney James Wolf of his office, and he (.City Attorney Vance) had not rewiewed the State Statute in connection with the preparation of the Ordinance. Rather than try to guess, City Attorney Vance asked that the matter be delayed for a period of two weeks, until the next Council meeting on July 20, 1982, in order that eithe~ he or Assistant City Attorney Wolf can check the State Statute. Councilman deLong moved to postpone the first reading on pro- posed Ordinance No. 82-19 until the next scheduled Council Meeting on July 20, 1982. Councilmember Woolley seconded the motion. Councilman Wright noted that it said four (4) members constitutes a quorum to vote. It seemed to him that it would only take three (3) members to call a meeting. Councilman Wright asked if it was included in the Statute. Attorney Vance replied that essentially, this Ordinance tracks the. Statute adopted by the Legislature. It did not make too much sense to Councilman Wright. Councilman deLong pointed out that it did not make sense when you have .six Members on a Board and there is a tie. He asked what you would do in a case where there was a tie. Vice Mayor Warnke asked~if there was nothing to.preclude in the Ordinance from having Alternates. ~Attorney.~Vance said that would be what he would check. Councilman deLong said if they would not be permitted, it would be the only Board that did not permit Alternates, because all of the other quasi-boards have Alternates.. Attorney Vance reiterated that he would like to check the Statute. Councilman deLong emphasized that something had to be done because they could not have a meeting the last time because there was no quorum. A vote was taken on the motion to postpone until the next Council meeting. The motion carried 5-0. - 15 - MINUTES - _REGULAR CITY:COUNCILMEETING BOYNTON BEACH, FLORIDA JULY 6, 1R82 Proposed Ordinance No. 82-20 Charter ............ Re: Amending Section 140 of City City Attorney Vance read proposed Ordinance No. 82~20 on first reading, by title only: "AN ORDINANCE OF THE CITY ODUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CITY CHARq~.R SECTION 140 BY REPEALING SAID SECTION ENTITLRD~ 'SUPPORT FOR RI.RCTION OF COUNC~ BY PE~SC~]S CONNECTED WITH CITY ~ PROHIBITED'; PROVIDING A REPEAL CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN. EFFECTIVE DATE AND FOR OTHER PURPOSES. "~ Councilman deLong moved the adoption of proposed Ordinance No. 82-20 on first reading only, seconded by Councilmember Woolley. No discussion'. At the request of Mayor Trauger, a roll call vote was taken on the motion by Tereesa Padg.ett, City Clerk, as follows: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 82-21 Re: '* Repealing Section 15-3 and *Should be Se'etlon ~21~17 'o'.f. Ci.~y Code Of ~O~di~na~ceLs - HandbiTis Prohibiting Overnight City Attorney Vance read proposed Ordinance No. *82-22 on first Docking of reading, by title only: Boats at Ramps, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY.OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 16 'PARKS AND RECERFATION' DIVISION 2 'CONDUCT REGULATED' BY ADOPTING SECTION 16-59 'OVERNIGHT'BOAT DOCK/NG PROHIBITED' AND ADOPTING SECTION 16-60 'ESTABLISHING HOURS OF USE AT CITY BOAT CLUB PARK;' PROVIDING FOR A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Coves or Other Areas of Boat Park Should be 82-21 CORRECTED 4/1/83 pr Councilman deLong moved the adoption of proposed Ordinance No. 82-21 on first reading, seconded by Councilmember Woolley. A roll call vote was taken on the motion by Mrs. Padgett: Councilman d&Long Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Proposed Ordinance No. 82-22 Re: Repealing Section 15-3 and Section 21-17 of City ~Code o'f~Ordinances '- Handbills City Attorney Vance read proposed Ordinance No. 82-22 on first reading by title only: "AN ORDINANCE OF THE CITY .COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15 'OFFENSe, MISCEr.TANEOUS', SECTION 15-3 'CIRCULARS, THRC~ AWAYS AND t{ANDBILT.q; DISTRIBUTION'; BY REPEALING SAID SECTION AND AMENDING CHAPTERS 21 'SIGNS', SECTION 21-17, 'CIRfI/LARS, THRC~ ANAYS AND HANDBIT.I.q, DISTRIBUTION PROHIBIt' BY REPEALING SAID SECTION; PN3VIDING A REPEAL CLAUSE; PROVIDING A SAVINGS CLAUSE; P~0VIDING AUTHORITY 5D ~0DIFY; PRO- VIDING AN EFFECTIVE DATE AND FOR O~4ER PURPOSES." COuncilman deLong moved the adoption of proposed Ordinance No. 82-22 on first reading only, seconded by Councilmember Woolley. No discussion. At the request of Mayor Trauger, a roll call vote was taken by Mrs. Padgett: Mayor Trauger - Aye Vice Mayor Warnke - Aye (~ice Mayor Warnke commented that he had to go along with the Constitution and say Aye.) - Aye Councilmember Wooll.ey - Aye Councilman Wright - Aye Councilman deLong - Aye Motion carried 5-0. Resolutions: Proposed Resolution No. 82-TT Re: Assessing Demolition of Structure at 131 N. E. 2nd Avenue, Lots 21 and 22, less SR 804 R/W, BlOck 'l,*S'hepa~d Fund Addition *Should be ShepardFunk City Attorney Vance read proposed Resolution No. 82-TT by title Addition only: "A RESOLUTION OF THE CITY COUNCIL OF '5~E CITY OF BOYBYrC~ BEACH, FLORIDA, ASSESSING THE COSTS INCIIRRED BY ~4E CITY AND THE CERTAIN DANGEROUS, DILAPIDATED, UNFIT, UNSANITAR~ AND UNSAFE BUILDINGS AND/OR S~ WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST ~qE OWNER OF ~qE PROPERTY l%5;OLVED, AND FOR OTKER CORRECTED zJ:/1/8 3 Councilman deLong moved the adoption of proposed Resolution No. 82-TT, seconded by Councilmember Woolley. - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Councilman Wright asked City Manager Cheney on~ what dates staff communicated with these persons about demolition. City Manager Cheney did not have the dates. He had material on demolition and the ~'bids on demolition, but he did not have the dates when they wrote and told the people about demolition. Councilman Wright questioned whether the people 'were given several opportunities to respond. City Manager Cheney informed Councilman Wright that the people are given an opportunity and are sent certified mail. He advised that the Building Department would have the receipts of all of that. City Manager Cheney said then the City went ahead and had a bid to get it down, which the Council approved earlier this year. A roll call vo~e was taken on the motion by Mrs. Padgett, as follows: ViCe Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-UU Re: Performance Bond Reduction - Boynton La~es, Plat 1 City Attorney Vance read proposed Resolution No. 82-UU by title only: "A RESOLUTICN OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING PERFORMANCE BCND FOR BOYNTON LAKES, PLAT NO. 1" Councilman deLong moved the adoption of proposed ResOlution No. 82-UU, seconded by Councilmember Woolley. No discussion. At the request of Mayor Trauger, Mrs. Padgett took the following roll call vote on the motion: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-VV Dos Lagos PUD Re: Performance Bond Reduction - City Attorney Vance read proposed Resolution No. 82-W by title only: - 18 - MINUTES - 'REGULAR CITY COUNCIL MEETING' BOYNTON BEACH, FLORIDA JULY 6, 1982 "A RESOLUTION OF ~ CITY OF BOYNTON BEACH, FLORIDA, REDUCING PERFORMANCE BOND FOR DOS LAGOS P'U.D." Councilman deLong moved the adoption of proposed Resolution No. 82-TT, Seconded by Councilmember Woolley. No. discussion. Mrs. Padgett 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. Proposed Resolution No. 82-WW Re: Acceptance of Utilities and Rel~ease of Per~formance ~B~ond - Applegate Plaza City Attorney Vance read proposed Resolution No. 82-WW by title only: "A RESOLUTION OF THE CITY OF BOYhYiON BEACH, FLORIDA, ACEEPTING UTILITTF.q AND BRt.vASING PERFORMANCE BOND FOR APPLEGATE PLAZA" Councilman deLong moved the adoption of proposed Resolution No. 82-WW, seconded by Councilmember Woolley. No discussion. At the request-of Mayor Trauger, City Clerk Tereesa Padgett took a roll call vote on the motion as follows: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-XX Re: Appeal to Public Service commi'ssion by Florida Power and Light for ~Rate Inc~eas'e~ City Attorney Vance read proposed Resolution No. 82-XX by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEA(/R IN OPPOSITION TO PROPOSED INCREASES IN RATES FOR v.T.~I~ICITY PRO- POSED BY FLORIDA POWER AND LIGHT; PROVIDING THAT SAID RESOLUTION BE TRANSMITI~D TO THE FLORIDA PUBLIC SERVICE CO~w. YSSION AS WELL AS ~ LEGISLATIVE DRY,V. GATION OF PAlM BEACH ~; PROVIDING FOR AN EFFECTIVE DATE," Councilman deLong moved the adoption of proposed Resolution No. 82-XX, seconded by Councilmember Woolley. Councilmember Woolley complimented City Attorney Vance on the good job he did. - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Councilman Wright remarked that he would definitely vote to support the Resolution. Mayor Trauger requested Mrs. Padgett to take a roll call vote on the motion, as follows: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Aye: Aye! Aye, Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-YY Elimination Of DUal Taxation Re: Petitioning County for City Attorney Vance read proposed Resolution No. 82-YY by title only: "A RESOLUTION OF THE CITY QOUNCIL OF THE CITY OF BOYNTON BEACH~ FLORIDA, PETITIONING'THE BOARD OF COUNTY ~SSIONERS OF PALM BEACH COUNTY, PURSUANT TO SECTION 125.0.1 (6) (a) , FLORIDA STATUTES, TO DEVELOP AN APPROPRIATE MECHANI~ TO FINANCE SERVICES R~qDE~ SPECI3kLL¥ FOR THE BENEFIT CF THE PROPERTY OR RESIDENTS IN UNINCORPORATED AREAS AND .FINANCES FROM ~'WIDE REVENUES WHICH MAY BE EITHER BY TAXES, SPECIAL ASSESSMS~TS, OR SERVICE CPLAt%GES LEVIED SOT.~.Y UPON RESIDENTS OF PROPERTY IN THE U~IINCORPORA~ED AREAS, BY THE ESTABLISHMENT OF A MLSqICIPAL SERVICE TAXING 'OR BENEFIT UNIT PURSUANT TO PARAGRAPH (q)~ of SUBSECTION (!) OF SAID SECTION 125~. 01, FLORIDA STATUTES, OR BY PdS~IITTING THE IDENTIFIED COST OF SERVICE PAID BY THE TAXES LEVIED~UPON PROPERTY SITUATE WITHIN THE CITY OF BOYNTON BEACH, Councilman deLong moved the adoption of proposed Resolution No. 82-YY, seconded by Councilmember Woolley. Mayor Trauger said the City is putting this "in the hopper" every year to "keep the heat on the County Commission". City Manager Cheney added that it is a legal responsibility also that the City reinstates its position each year so that the City does not lose the ability to participate in their next year's budget. Mayor Trauger remarked, "And sue theme" City Manager Cheney advised that the City cannot continue to sue them if it does not continue to do this kind of thing. At the request of Mayor Trauger, Mrs. Padgett took a roll call vote on the motion as follows: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Other None. OLD BUSINESS Review of Drainage Problem Areas in City and Status of Approved Project City Manager Cheney reported that there was a tremendous number of drainage problems in the City in the last two months and are beginning to solve some of the traditional ones. He said there are some areas where the water has come in and gone back out again, but the City has had three major areas where the water has stayed for an abnormal length of time. It was partly because we had so much rain, .and that produce-d a very high water table, partly because the water just could not get out of the area. City Manager Cheney referred to Lake Boynton Estates, primarily referring to S. W. 2nd, 3rd and 4th Avenues. He said they discovered sometime ago, back in April he belie~ed, that the drainage canal borders the railroad, which is the right-of-way that is owned by DOT (Department of Transportation}. They had some ~Clogging problems, backup problems, and erosion problems. They also noted at that time that the side of Woolbright Road's overpass to 1-95 was eroded. City Manager cheney said that was brought to DOT's attention, and the City had a fair amount of "stirring around" for a few days. The Department of TransPorta- tion brought a crane down from Fort Pierce and did a little work, went away, and. did nothing to the eroding side of Woolbright Road. City Manager Cheney did not know what the story would be there. Mr. Cheney said the Department of Transportation indicated that they would have to bring in a survey party before they could do more work, to identify the problem and identify the right-of- way. Tom Clark, City Engineer, did a survey of the area and elevations and sent it to the Department of Transportation, and the City showed them where the high points were. Mr. Clark also offered to do a survey of the right'of-way for DOT, but they indicated they had to do that themselves. City Manager Cheney did not want to sound critical of the personnel of. DOT. It is just that there is a large operation at DOT without.much money, and it does not move very fast. Even in an emergency ~ituation, moving fast in the next three or four weeks to DOT is %asr, City Manager Cheney commented. He said that was the problem with DOT's system. It was not the people but the system. As a result of this, City Manager Cheney told the Council,we'ue backed up into S. W. 4th; .and the water table.~ in all of Lake Boynton Estates, or the old Bass Creek area, is right up there in the same - 21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1~82 level as the end of 4th Avenue and 3rd and 2nd, and the water in. the canal is right at the same level. City Manager Cheney said the City tried back in April with the pumping operation into Bass Creek. That worked, but then the water tabl~ ~asM_n~t..~as high. City Manager Cheney said the City has now developed some pumping, and this has been done on three or four occasions now south of Lake Boynton Estates, where they ha~e tried to pump around and force water into one part of the canal on down into another part of the canal. Every time the City pumped, they have been able to get the water pretty much out of 4th -avenue. They turned the pumps off one Friday night through Saturday morn- ing a couple of weekends ago, and City Manager Cheney said the water was back in there on Sunday morning. They have since gone back and pumped again. City Manager Cheney reported that the · City pumped again Friday, and the water came back in over the weekend. They were there somewhat on Sunday. It disappeared with- out their pumping, but there was some water in there today,~ City Manager Cheney continued. City Manager Cheney repeated that the Department of Transportation has come in and has surveyed and found their right-Of-way and he'~thought they indicated they will get somebody down here to clean that out and get the canal rolling the way it should down into the "E" Canal, next to Leisureville. The other probl which is just o got down in the tabte,'because it field there is Manager Cheney pipe underneath they could not bothered them t, in the area of City Manager Ch ing it up onto system, 'and tha canal. They we they immediatel the water table some additional streets. They it back in the ~m doWn in the other area was N. W. 1st Avenue, ~f the N. W. 2nd o~erpass to I'95. The water ce and backed up, ~'probably because--of ~he water is atow .area, and the~water in the old great big ~he same level as the water in the streets, C~ty ~ontinued. He said they tried to pump that into a the railroad but were somewhat reluctant because ~ind out Where the other end of the pipe is. It ) pump water and not know where it goes, especially ~he railroad. ~ney said they found they spent a lot of time pump- ~he 1-95 Overpass, where there is a storm drain takes the water directly west to the equalizer ~e ~n private property, so City Manager Cheney said ~ dug some holes so they could get the water out of .On Friday afternoon, the City went down and did pumping because s©me water was still setting in the cept that all the way through the weekend and put ~ield. City Manager Cheney could not say whether ~he water in that water table was lower or not because of the pumping they did. As of this morning, the water was not in the street. City Manager Cheney did not go by after the rain we had this morning. - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 City Manager Cheney reported that the third major area is Ocean Parkway and North Palm Drive, where they get water down in the bottom there. He said the City. has tried to pump it out on several occasions into East Palm Drive With their own pump and the hoSe they have. The City filled up the swales in East Palm Drive, which were working well, as they are new swales, but there comes a point when those get filled up and the water will probably just go right back in the way it did and come right back down, City Manager Cheney told the Council. Last week, the City rented a larger pump and bought 700 feet of 6 inch plastic pipe They pumped several days, all day long, turneditoff during the night, the water comes back in, and t'hey pump the next day,~ City Manager. Cheney reported that the City almost took the pump away today, but with the rains tOday and the prediction, :the City will keep running the pump for another couple of days. City Manager Cheney also informed the Council that the City has a terrible street situation up there. The water sat there so long that when the City gets the street dry, they will have to almost redo the whole intersection. The City has also changed its swale priority. It ~is ~on the list right now but it was not on the priority list, as there never seemed to be a problem there. People who ~have li~ed there for twenty years have indicated they have never seen anything like that. City Manager Cheney said the City Engineer is changing the designing status,-and 'the City is designing swales for that whole area. All four streets will come down into that intersection. City Manager Cheney said he would come back to the council after he gets the design. Hopefully, City Manager Cheney said the swales and redoing the intersection would solve that problem. City Manager Cheney said there are four manholes that are full of pots up there in each of the corners with a manhole cover on them, and they don't go anywhere. There is no piping up there - just four holes in each ¢©rner. City Manager Cheney said there are rumors up-there that manholes have been covered up in the past. He did not know of any manholes that have ~been covered up in the past. City Manager did know that the four manholes that are there do not go anywhere except into a pot in the ground. In most cases that wor~s because the watergoesin there, and it flows out, and there is not much water. 'Obviously, it is not working now, Mr. Cheney continued, and there is no real successful way to build a reasonably extensive storm drain system until they clear the pipes so he said they would go back with the swale system in all four directions and hope they can contain the water. City Manager Cheney further reported that the City has finished the first series of projects that the Council authorized, where they had some swales done. Those are finished except for one or two minor property owners concerned about the way the grass is in. City Manager Cheney mentioned that one particularly because that was the one where they did Mission Hills and Churchill ~_ - 23 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Drive, and everytime City Manager Cheney has been back since then, it has been dry. City Manager Cheney asked the Council to recall that the people in that area proposed a new piping system. The person who proposed that a. nd was~going to work on it, but un- fortunately, he was no~ able, through his lawyers, to get the easement from the church before he went away on vacation. City Manager Cheney talked to his lawyer but has heard no more. As this is working right now, City Manager Cheney said they may not need to go into that. Another question with Mission Hills was Canal Drive, Where the City put in a new manhole there. He thought that was working. City Manager Cheney also thought.a new pipe was put in at Sunset, which he hoped was working. In spite of the fact that we had all of that rain last week, the City was beginning to worry about the shortage of water again because so much of it is being used in the irrigation system. City Manager Cheney said the City is continuing to design Ocean and continuing to put the pressure on the Department of Transporta- tion. He thought DOT planned to move but pointed ou~ that they had a worse problem in Lantana. City Manager Cheney said the City had a situation on Alpha Drive but it had not caused any house damage. He said it was a nuisance but not serious and would have to be addressed to DOT. City Manager Cheney said Lantana has had more probtems~in that way than we have. City Manager Cheney said they discussed again today what to do · n the long term-withthe end of 4th Avenue, particularly, and talked about putting a swale in there, but maybe they will end up proposing to put a pipe in there and go straight into DOT's drainage ditch. We have one very bad problem on 2nd in one house where water just sits there in front of one house, City Manager Cheney continued. He said the City pumped that out Friday afternoon and tried to get it dried up for the long weekend but it just sits there. The City has not decided what to do there. It is hard to until the water table gets down. City Manager Cheney said the City has a similar kind of problem, both at the end of 2nd and 3rd Avenues. They will either need a swale or a pipe put in. He said the City is still thinking about what is the best way to do that in the long run. City Manager Cheney advised that they~would just go with N. W. 3rd and see if it comes back again. Hopefully, City Manager Cheney said the water will not get up that high again. He said it has been frustrating because the City has not known the answer because the water table has been so high, it has been difficult. Councilman Wright thanked City Manager ~heney for his effort. City Manager Cheney added that it is a temptation, when the water rises in any of the streets, to go down and take off the sanitary manhole covers and let the storm drainage go in that hole. He thought that was what has happened in this storm. Mr. Cheney said - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 they know %hat is happening in ~he Bristol Springs area and they know that happened .and some stuff got in there, and that particular lift station was not big enough to handle all of the ~extra water, and there were blockages in houses. Some people in the Bristol Springs area could not flush their toilets for two or three days. Inconvenience in flushing toilets is one'thing, but. that kind of backup in your hOuse is another thing, City Manager Cheney remarked. He urged people that if taking off a sanitary manhole cover is a temptation to please not do it because the potential repercussions of the health problem for a wide area is so much greater than not taking it off. City Manager Cheney noted that ~here were some people present from the flooded areas who may have comments to make. He said he knew the people were frustrated,, upset with the City, and felt the City had not done things as fast as they would like the City to, but said the City has not dane things as fast as they would like to. Vice Mayor Warnke said the City ihas been living with the drainage problem for so long. He reminded everyone-that the referendum several years ago turned down the drainage referendum to have a bond issue to put drainage throughout the City. Vice Mayor Warnke pointed out that everyon~ is still living with it, and he thought it would behoove the City COuncil, during the budget discussions and workshop meetings coming up, to do something definite within the next year about the drainage problem, Vice Mayor Warnke said the City may~have to go ~o another referendum and hopes it will pass the next ~ime. He emphasized that something must be done about drainage in ~his City, as it is a continuing problem, and he thought the Council was in agreement that some- thing must be done within the next two or three years. In the last two years, Mayor Trauger advised that the Council has put money into the swale program, also it has not been a total program. Mayor Trauger felt'-the City must continue with the same type of budgetary deal to keep that going. At least it is a partial relief, but Mayor Trauger did not think it would ever handle a major hurricane. Mayor Trauger'~s point, as long as it is a budgetary method, was to keep the swale system going, as it has been effective so far. City Manager Cheney asked the CoUncil to note that he had not mentioned Mango Heights in his report. He said there was no need to because he knew if there had been a problem, he would have known about it. He thought the iCity had found a solution to that problem. Municipal Golf Course Status Report Mayor Trauger thought Members of Council had an opportunity to read the report. He noted that the Sun Sentinel had published a synoposis of it this morning. - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Councilman deLong moved to have the report read into the public record and that City Manager CheneY, in conjunction with Mayor Trauger, be advised to get the report into the hands of the public by whatever means they think is necessary. Councilman deLong thought it was about time the people know all of the facts about the golf course. Vice Mayor Warnke seconded the motion. Councilman deLong mentioned that it was disheartening to attend the affair at the boat launching ramp and see the crowded conditions and then to look north and see the development that was put in there. He said it only happened because some greedy people were probably looking for a greedy real estate commission to sell that land to outside enterprises. Councilman deLong said the land was going to be purchased by the City but disturbing factions eliminated that. Councilman deLong did nOt want to see the same thing happen to the golf course, as there is a problem here. When the City lost the property to the north, Councilman deLong said they lost the mausoleum, the Police headquarters, and: the whole package would only cost the C~ty $875,000.00. The City cannot have the mausoleum~ow. The City lost the Goldberg~ property and now, when they want to put a second story on the police station, it will cost in excess of One Million Dolliars. When these projects are delayed, Councilman deLong pointe~ out it costs the taxpayers hundreds of thousands of dollars. Councilman deLong~also referred to when the City prevailed upon thc County Commission years ago to widen and put drainage in Seacrest Boulevard all the way from the south City lines to the bridge. The same disturbing factors got in there and said, "No, we only want it from Bethesda Hospital." Now it will cost a couple of hundred thousand dollars, Councilman deLong advised, and the taxpayer is getting "bagged" at all times. Councilman deLong had a copy of the minutes of September 7, 1965 and he read, "Committee to study golf course." At that time (1965) Councilman Banks reported that this would be a practical and profitable venture for the City. There were 26 Florida cities oper- ating municipal golf courses in the State at that time, which return approximately $15,000.00 tO $40,000.00 profit annually. ~2~gol. f_~committee was-'suggested to the Council in 1965 according to the recommended procedure of the National Golf Foundation of America. Councilman deLong further read from the copy of said minUtes. He informed everyone that the City Attorney happened to be Gene Moore at that time. Councilman deLong also read %hat there are two ,.usual~.~methods for financing: (1) general bonding obligation and (2) revenue certifi- cates of bonds, whereby those who benefit from it will be the ones paying for it. Councilman deLong read the City would be eligible for a 50% Federal grant for the acquisition of land for the develop- ment of parks and recreational facilities. - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Councilman deLong called attention to the fact that this was back in 1965, (seventeen years ago), and asked wher.e are we? We are still in the woods! After that, Councilman deLong believed the purchase of land held it up. However, in 1977, the Council came up with an idea to purchase a tract of land for 3-1/2 million dollars just for the land. That was knocked in the head because they did not want to bear the expense of land. Here, Councilman deLong said the land is given to the City free under a 99 year lease, and you have people opposing it. Council- man deLong thought it was about time the people had the facts on the whole situation and become aware of how beneficial it will be to the City to have the golf course. A vote was taken on Councilman deLong's motion, and the motion was carried 5-0. City Manager Cheney read his-Mu~nicipal Golf Course Status Report, dated July 6, 1982, into the r~cord. A copy of said report is attached hereto and made a part~ hereof. (seepages 27a thru 27d) On page 4, at the end of paragraph 3, City Manager Cheney added the following footnote: The range of prices that were received at that time through that process ranged anywhere from $600,000.00 to $1,500,000.00." City Manager Cheney said that would give the Council some idea of how realistic that package was. City Manager Cheney continued to read the report. He commented that a quote was made in one newspaper that says.that Economics Research Associates, the City's financial consultants, had in their report, with reference to 27 holes, "Construction could be deferred until the original 18 holes has experienced heavy levels of play, since a-27 hole course requires about 131,000 rounds of play per year, and that degree of lack of support could not be demonstrated at present." City Manager Cheney pointed out that the quote was directly_from the 1980 Economics Research Associates' report. Councilman deLong reiterated that it was a very comprehensive and factual report and should be passed along to the residents and taxpayers of this community. Mayor Trauger complimented City Manager Cheney on such a fine report. Vice Mayor Warnke called attention to the fact that the City is not a profit making organization. He asked City Manager Cheney if there was any o~her recreational facility in the City such as the Parks, Recreation, the Civic Center, and the beach that makes a profit. City Manager Cheney replied that there were none that will even come close. Vice Mayor Warnke commented that the City is projecting a recreation facility that will make a profit. He could not quite see what all of the fuss was about. - 27 - IX. 4-pg. INSERT TO 7/6/82 ODUNCIL MIN. see page 27. AGENDA July 6, 1982 OLD BUSINESS: B. Municipal Golf Course Status Report The following is an updated summary and status report of matters relative to the Boynton Beach Municipal Golf Course: Bond Issue Amount - The proposed bond issue is for $4,000,000. It is estimated that approximately $2,920,000 will be used for construction of the 27- holes, the clubhouse, the maintenance building, the cart storage building, three shelters on the golf course, maintenance equipment and carts. The $4,000,000 bond proceeds, minus bond sale costs, plus an estimated $258,000 of interest income earned on funds during construction as well as interest earned on required reserve accounts, will equal $4,178,000. Funds in excess of the construction costs will be used for (1) capitalized interest, which is reserved to pay the first 15 months of interest on the bonds, (2) funds to establish a capitalized reserve account which will strengthen the bond issue, (3) funds to cover initial contingency and start-up costs in the first months of the course, and (4) 'legal and administrative costs. This funding package is planned so that adequate capitalized cash flow can be assured for bond interest a ' p yments durzng the construction period, and for special costs during the beginning months of course activity. The funding package will also stabilize and strengthen the future financial stability of the - 27a - -2- 7/6/82 ~0UNCIL MIN. golf course since the reserve accounts are being established in the initial funding and as a result investors will have assurance that security is available without relying on the General Fund of the City. In turn, the citizens of the City will have the assurance that the initial funding and financing package of the golf course is realistic, has established a firm base for financial stability and bond debt service support, and has established a firm base for investor confidence. Bond Security - The utility tax pledge that the City, in response to the recommendations of the Citizen Advisory Committee, has recently decided to place as security for the proposed bond issue (1) will assist in obtaining insurance for this bond issue, (2) will in turn assist in obtaining a high rating for this bond issue from a national rating agency, (3) in turn will reduce the interest rate on these bonds, and (4) will in turn better assure the self-supporting feature of the financial planning of the golf course. The City is not placing "all unencumbered sources of revenue" as security to the bond issue as has been recently suggested. In addition the utility tax support for the golf course bond issue must not be confused with the Water and Sewer UtilitV Fund of the City. The financing package for the golf course does not include any obligation, pledge or tie-in with the City's water and sewer rates which constitute a major part of the City's U~ility Fund income. -3- 7/6/82 COUNCIL MIN. In. stead, the pledge to secure this golf bond issue is the Utility Tax Revenue that the City's General fund receive.s from municipal taxes imposed on the Florida Power & Light, Southern Bell, etc. To repeat, there is no financial tie-in or any other tie-in between the City's water and sewer rates and the golf course. The pledging of the security of the Municipal Utility 'Tax Income, which the City receives annually from Florida Power & Light, Southern Bell, etc., does not mean that the City expects to use these funds to support the golf course. The financial projec- tions show that the golf course is self-supporting; however, the pledge of the Utility Tax does make it possible to obtain bond insurance, does make it possible to obtain a rating for the bond, and will assist in keeping the interest rate of the bonds down, thus resulting in an interest savings of over $1,000,000 during the life of the bonds, which means a savings for users of the golf course. It most likely also means that the bonds can be sold at a reasonable interest rate, and that without this security they might not be able to be sold at any interest rate. Construction Costs - The contemplated construction costs of approximately $2,920,000 are, for the most part, based on firm bids that have been received from contractors through the City's bidding process. Figures of $1,500,000 that have been recently quoted fgr constructions costs were obtained as a part of a series of estimated costs that were (1) not obtained from contractors within the municipal bidding process, (2) were not based on detailed sets of plans or specifications for construction, - 27c - 7/6/82 (DUNCILM/N. (3) were for only an 18-hole golf course and not 27- holes, {4) did not include design costs, (5) were obtained from very limited, generalized information prior to the preparation of the detailed design for the golf course, and, in general, the estimate could not reasonably be considered an adequate and responsive basis for making f ina 1 construct ion and f inanc ia 1 dec is ions. Financing of Nearby Courses - The City of Boca Raton has temporarily financed their 27-hole golf course through a $3,000,000 Bond Anticipation Note that has been sold. Permanent financing is-still being arranged, and it will be backed by State Revenue Sharing Funds that come from the State to Boca Raton's General Fund Budget. This course also expects to be self-supporting. Delray Beach funded the purchase and renovation of their 18-hole golf course through a portion of a $4,000,000 bond issue that was backed by Utility Tax Revenue similar to Boynton Beach. Of the $4,000,000 bond issue, $2,200,000 were used for purchase and rehabilitation of the Delray Beach Golf Course; a course that also is expected to be self-supporting. e Summary - Financial Projections - Both the projected annual operating budget, plus debt service, for the Boynton Beach Golf Course and the three-year cash flow Projection for the course show adequate funds and bond coverage to support the golf bonds that are being proposed. The cash flow projection for the course shows accumulated reserves and surplus after a three-year period of over $700,000. City Manager PLC:sr cc: Finance Rec. & Parks -27d- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Change Order No. 4, Southeast'Underground - Russell & Axon Project No. 626-681-56, Water Main, Congress Avenue and Miner Road, Extended City Manager Cheney rep¢ weeks ago for final pay~ for their work. He ther was needed from them. ~ paid to Southeast Under~ The amount of money the included the dollars for he needed a final appro~ City Manager Cheney expl by at the end of a proj~ it is a unit price cont~ in less pipe and additic Cheney was talking about additional water main, s asphalt. As he said bef they had approved the bi rted that a bill was approved a couple of ~ent to Southeast Underground Construction noted afterwards that one more change order he money that was approved had not yet been · round Construction, as it was held back. Council approved in that final payment the change order. City Manager Cheney said al for the change order. ained that that kind of change order comes ct where you are equating units. He said act, and you have deductions if they put ns if they put in more pipe. City Manager $26,553.00, which was a combination of an ome deductions for pipe, and additions for ore, City Manager Cheney told the Council lls, but they had not been signed by' Southeast Underground, ~ussell & Axon, and approved by everybody. He recommended that it ke approved. Councilman deLong moved that it be approved, seconded by Council- member Woolley. Mayor Trauger commented that he is always amazed that throughout the project designed by Russell & Axon, the City keeps getting adde~ change orders. It seemed to Mayor Trauger that the change orders get rather astronomical. City Manager Cheney advi sewer and water line fro Boynton Lakes. It went said it was a long proce projects do have deducti had deductions, as well project was originally $ During the years that he sed that this particular project was the ~ Congress Avenue all the way up to 9ver Miner Road to High Ridge Road. He ss. City Manager Cheney said some of the ons along the way, but this change order as additions. He thought the tot.al 637,000.00. has been here, and he is going on his 33rd year, Councilman de~ong said all they have is a continuous flock of change orders, and he has never seen one that was challenged or one that has been reduced. City Manager Cheney advised that this is an actual payment. He said that when you get into a project, especially like Congress Avenue, with that much mileage, there are going to be some changes that ~have to take place. When you get done, all you are paying for is the actual feet of pipe, the actual cubic yards of asphalt, and the actual number of feet of fittings that were put in. City Manager Cheney informed the Council that the Inspectors are out there. The designs are done the best they can, and there are always going to be field changes. City Manager Cheney said the way the City can be sure it is protected is by the Inspectors in the field measuring the pipe, measuring the concrete, counting the fittings, and the City only pays for what they get. - 28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Although he did not Profess to be an expert, Councilman Wright saw where there was a difference in the agreement date, which was about 15 months ago, and the date of completion, which was May 12. He guessed that was what engineers go to school for. City Manager Cheney continued by. saying that maybe the engineers could do a better job at estimating quantities, but he did not want the citizens to think we are being "ripped off." He said maybe Councilman deLong is right in saying there is not enough engineering competition, but as far as the bill from Southeast Underground, City Manager Cheney .said they are being paid for the actual footage Of pipe they constructed. A vote was taken on Councilman deLong's motion to approve Change Order No. 4, and the motion carried 5-0. NEW BUSINESS Consider ~each Decal Fee Change from $3.00 to $5.00 Annual Decal Councilman deLong remarked that the taxpayers should be given .a break, even if it is a $2.00 bill. He thought the taxpayers ~should be given some breathing space and could not see why they had to be hit again. Councilman deLong said the citizens are paying taxes to take care of the beach so they should be left alone. Vice Mayor Warnke said they were talking about 1/2¢ a day all year and if we need a better beach and equipment to take care of the beach, he did not see where $2.00 a year more would hurt anybody. Vice Mayor Warnke moved to raise the fee for $3.00 to $5.00 for the beach decal in this coming year starting in September. Council- man Wright seconded the motion for discussion. Councilmember Woolley asked how long it has been $3.00. Vice Mayor Trauger answered, "One year." City Manager Cheney advised that it has been 1-1/2 years because it was effective in December. Councilman Wright asked if the equipment could be purchased from revenue sharing monies. City Manager Cheney just wanted to get it settled before the sale of the decals. He said the alternative would be to take it out of the money the City has now, but the money the City has now has been limited. City Manager Cheney said we have the total money that we are going to have in next year's budget. If they buy it out of contingency this year, the City will not have that carryover contingency the next year. He admitted it was only $24,000.00, but City Manager Cheney had a feeling that when the Council gets to the budget, they will look at the $24,000.00. With the anticipated revenue from the increase in sales tax, Councilman deLong thought the taxes could be kept where they are, which is the way he will vote. He did not think the sum of $24,000.00 was that great that the City had to charge the tax- - 29 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 payers an additional $2.00 to enjoy the public beach. Mayor Trauger asked if he lost his beach decal or sold his present car, if they had to pay $1,00. City Manager Cheney answered that they used to pay $3.00 bUt the.Council cut it back to $l. 00. Mayor Trauger thought if people could bring in a piece of the old decal, they would get it for $1.00, but if they cannot produce any evidence of the previous decal, they should buy a new one for $3.00. (That is the way it is..) Councilman deLong agreed it should be that way. Councilman Wright asked how much of an increase it would be and thought they should wait. Councilmember Wooltey said..they ~coutd. put in parking-m~%ers~ ~that would really be a mess. A vote was taken on the motion %o increase the rate for beach decals to $5.00. Councilman deLong requested a roll call vote. 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 No No Aye Aye No The motion' was denied 3-2. Mayor Trauger announced that the beach decals will stay the same - $3.00. Mayor Trauger moved that if a person requires a replacement decal and brings in evidence of the old decal, a new decal will be issued for $1.00, as now established. If they can produce no evidence, they would buy a new decal at the rate of $3.00. Councilman deLong seconded the motion. Councilmember Woolley asked how many decals one person could get. Tereesa Padgett, City Clerk, replied they are allowed one decal for each car they own. Mayor Trauger asked how she ~ould know each car he ~would buy decals for are licensed to him. Tereesa Padgett answered that he would have to bring in his current car registration. Mayor Trauger called the question and the motion carried 5-0. City Attorney Vance asked Mrs. Padgett, City Clerk, if this would be an amendment to the Ordinance. City Manager Cheney said the ordinance had to be amended. ADMINISTRATIVE Approval of BlackAwa~eness Day Planning Committee Mayor Trauger noted that the memorandum from City Manager Cheney dated June 17, 1982 stated the members of the Committee. Council- man deLong thought it was all right to recommend the members, but the City Council appoints. He saw that Dan White's name was miss- ing. Councilman deLong said everyone should be very well acquainted with Dan White, as he was the Director of the Day Care Center for three years and had done a good job. Councilman deLong could not see any reason why Dan White's name should not be on the list. - 30 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA · ~ JULY 6, 1982 Councilman deLongmoved./.s~conded'by"Co{a~ci~W~ll~y~th~t ba~;Wh~e's name beonthelist. CoUncilmanWright informed-~ever~that.~%fe~r~c~e~d~.~the names. He did not put several names on there, but there were members that are on the Committee who could definitely support his recommendations, as well as the City staff. Councilman Wright adviSed that the Committee worked well but there were several persons on the Committee who did not offer anything. He said they were under a lot of pressure and it took a lot of manual labor and hours to put the program on. Councilman deLong said he was there and watched what Dan White had done. He reiterated that Councilman Wright had a right to make recommendations but the Council makes the appointments. Councilman wright never said he made the appoint- ments, he recommended the names to City Manager Cheney, who said he would bring them to the Council as he did'last year. Councilman Wright asked if anyone else wished to add a name. Councilmember Woolley thought that would complete the list. A vote was taken on the motion, and the motion carried 5-0. Mayor Trauger believed there was still a small financial obligation outstanding with relation to this, and he asked if it had been satisfied. Mrs. Mildred Walker, 707 N. W. 3rd Street, Boynton Beach, came as a Member of the Black Awareness Committee of 1982 to speak in behalf of the Members. She thanked Members of Council for their financial support of the program and told them they set a precedent for other municipal officers to follow. As they were aware, Mrs. Walker said the Council appropriated $750.00 for the Black Awareness Program in February,.~.1981. The Committee overmatched these funds of a few dollars, lacking $3,000.00, through several fund raising projects. The funds given by the City and those raised by the Committee paid all of the expenses incurred, and they still have several hundred dollars for the upcoming program. Mrs. Walker said the feedback of the public and participants was great, and she felt it was an outstanding program. Mrs. Walker continued by saying they look forward to 1983. She added that the City staff's support was an integral part of the Committee's functioning and .they appreciated the leadership demonstrated by City Manager Peter Cheney, Recreation Director Charles Frederick and his staff. Mrs. Walker requested that the Council' provide them with money again for 1983 in the amount of $2,000.00. She felt the program was of benefit, not only to Boynton Beach, but to other Counties in the State of Florida. Councilman deLong commented that the program was well organized and conducted. He felt it added a lot of prestige to the City. Councilman deLong felt the request was within reason. Councilman deLong moved to accept the report of~IJune 17, 1982 and place it on file, seconded by Councilmember Woolley. Motion carried 5-0. - 31 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 Decision Relative to Placing Ad in Florida Municipal Record in connection with Annual Florida League :of Cities Convention Mayor Trauger announced that the Council was to make a decision about placing an ad.in the Florida Municipal Record, which will be for the Florida League of Cities' Meeting in Miami at the end of October, 1982. Councilmember Woolley thought the City should definitely have an ad. Four Councilmembe~s were in attendance last year, and Councilmember Woolley said they were embarrassed when there was no ad last year. She said it would be nice to show the new seal. Last year was the first time most of the Council went, Mayor Trauger pointed out. Councilmember Woolley was sure everyone could go this year because it will be so close. Councilman deLong thought there were plenty things in the City that are in the position to advertise the City far beyond the results they would get from the ad. He mentioned ~eBartolo and Motorola. Councilman Wright did not think the citizens would mind the City spending $62.00. He was willing for each Member to pay $12.40 each if the Members did not want a motion. Mayor Trauger thought they should at least get Boynton's name in it. Councilman Wright moved that the City place an ad this year in the Florida Municipal Record in connection with Annual Florida League of Cities Convention. for $62.00, seconded by Councilmember Woolley. Councilman Wright thought City Manager Cheney's name should be added to the bottom of the ad. Motion carried 4-1 with Councilman deLong voting against the motion. Transfer of Ownership of Metropolitan Transportation, 347 N. E. 5th Avenue, Delray Beach, Florida - "Metro Taxi" - Brock RoSayn Councilman deLong moved, seconded by Vice Mayor Warnke, to accept the transfer of ownership of Metropolitan Transportation to BroCk Rosayn. Mayor Trauger asked if this met all of the legal require- ments. Councilman deLong advised it had been approved by the Occupational License Bureau. A vote was taken on the motion, and -the motion carried 5-0. ADJOURNMENT Vice Mayor Warnke moved to adjourn, and the meeting was properly adjourned at 9:38 P. M. CIT>~.~YNTON BEACH, FL3~ - 32. - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 6, 1982 CounCi lmembf' ATTEST: (Three T~es) - 33 -