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Minutes 02-01-83
MINUTES OF THE REGULAR MEETING OF THE-CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, FEBRUARY l, 1983 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 7:33 P. M. The invocation was given by Rev. Alfred C. Wadd, First United Methodist Church, followed by the Pledge of Allegiance to the Flag led by Vice Mayor James R. Warnke. AGENDA APPROVAL City Manager Cheney added three items under Section "XI. NEW BUSINESS" One relates to. Streets-in High Point, which would be "C". He said "~" was a Board resignation, and "E" was relative to the city Clerk appointment. Under the "CONSENT AGENDA", City Manager Cheney wanted to delete "8., Surveillance System - Police" under "A. Bids." He made one change in the Consent Agenda by taking item "6, Approve Day Care Facility Renovation Contracts" off the Consent.Agenda and putting it under "VI. BI~S, a." so they could discuss it in some detail and not do it through the consent process. ~ Councilman deLong moved the adoption of the Agenda with the additions and deletion made by City Manager Cheney, Vice Mayor Warnke seconded the motion, and the motion carried 5-0. ANNOUNCEMENTS Mayor Trauger announced that the next City Council meeting will be held on Wednesday, February 16, 1983 due to the Primary EIection on Tuesday, February 15, 1983. The General Election will be held Tuesday, March 1, 1983. City Manager Cheney added that the City Council meeting would be held on Wednesday, March 2, 1983 of that week. For the benefit of the people that were there, Mayor Trauger said that in that a p~rt of the election process is under the districting, he introduced candidates for the Council that were at the meeting, as follows: District I Nick Cassandra Walter D. Kies MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 District III Carl Zimmerman Mayor Trauger noted Mr. Zimmerman was without opposition, going into the final election. District V Morton Goldstein Councilman Samuel Lamar Wright Mayor Trauger announced that Mrs. Dee Zibelli is also a candidate for District V but was not here tonight. Mayor Trauger informed everyone all voters of the City of Boynton Beach vote in the primary. The only candidates on the primary ballot will be the three in District V. The two with the highest number of votes will go into the General Election on March 1st. The General Election ballot will have the two candidates from District I; one candidate only, District III; and two candidates from District V. The voting is at large in both elections. Mayor Trauger also announced that the American Association for Retired Personnel will conduct a Tax Assistance Program in the Boynt©n Beach City .Hall on the 2nd floor, February 7, 1983 through April 15, 1983. He stated that they will be here on Monday, Wednesday and Friday from 9:00 A. M. to 4:30 P. M. Mayor Trauger informed everyone that tonight would be the last Council meeting for Tereesa Padgett, City Clerk. From a grateful City, Mayor Trauger expressed that Mrs. Padgett has served the City in an exemplary manner these past thirty years. He stated that she has been a very good friend to his wife and him from the time they first met Mrs.'-Padgett, about twelve years ago. Mayor Trauger said Mrs. Padgett always met them, reflecting a big smile and a willingness to help and be of assistance. It is that willingness to be of assistance to others that Mayor Trauger said has indelibly imprinted Mrs. Padgett upon the minds of the people whom she has come in contact with from our City and in the trans- action of the normal City business. Mayor Trauger pointed out that Mrs. Padgett's office has been the focal point for all those Who' dropped into gity Hall requesting information. He said her' knowledge of the City and her knowledge of government services from City, County or State'have enabled her to answer %he questions with a high degree of accuracy and are so cheerfully given that all have been favorabl~ impressed with the City government and the City of Boynton Beach. Mayor Trauger told Mrs. Padgett she has been the best public relations officer the City could possibly have, but she has trained her staff well in the office of City Clerk, so the transition will be smooth. Mayor Trauger assured Mrs. Padgett she would be missed but said they know, from her ability, the functions - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 will go-on. Mayor Trauge~ particula~ly~was impressed With Mrs. Padgett's knowledge of all the Ordinances the City Councils have passed and her knowledge of the Charter. So that she may not forget what the' Council has done in all of these years, Mayor Trauger presented Mrs. Padgett with a'book of Ordinances. Mrs. Padgett's name~was on the book, and Mayor Trauger promised the City would keep_it up~to-date for her so she Would not forget. Mrs. Padgett expressed her thanks. Proclamations Black Awareness Day - February 5, 1983 Mayor Trauger read the Proclamation. Councilman Wright urged everyone to come out at 11:00 A. M. Saturday and see the parade. He said it was definitely a sight to see. . · Four Chaplains Sunday - February 6, 1983 Mayor Trauger read the PrOclamation marking the 39th anniversary of the sinking of the troopship SS'Dorchester, .~hich:~carried four Chaplains of three faiths to their deaths, as they sacrificed their lives to save the lives of four soldiers. Brotherhood Week - February 13 throuqh February 19, 1983 Haifa Lodge endorsed and supported the concept of Brotherhood Week as established, being in complete accord with the principles of B'nai B!~rith. Mayor Trauger read the Proclamation. Poppy Days - February 18 and 19, 1983 The Proclamation stating the American Legion and Auxiliary of the Cline-Pautsch Unit #164 seek to raise funds to help the disabled veteran, his wife and children, by the distribution of poppies was read by Mayor Trauger. Boynton's G.A.L.A. - March 4 throuqh March 6, 1983 The Proclamation was read by Mayor Trauger. MINUTES ~Reqular City Council Meeting Minutes - January 18, 1983 Councilman deLong moved, seconded by Councilman Wright, to accept the minutes as presented. Motion carried 5-0. - 3 - MINUTES_- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 CITY MANAGER'S REPORT City Manager Cheney said this is a new item added to the Agenda, which is permanent, where he will take a few minutes to report on some things that some know about and some Councilmen know about but sometimes slip by the citizens. City Manager Cheney said it may be a way of keeping them up-to-date as well as the Council. He advised he.will take four or five minutes at each meeting just to report on a few'things that he thinks are of interest in that particular period of two weeks. Golf Course City Manager reported that the golf course is proceeding. They had some problems with the rain. because there has been so much of it, but it is going as well as can be expected. City Manager Cheney said they anticipate having the foundation for the club- house ready.very, very soon and would then hope to have a ground breaking in late February or early March at the clubhouse site. Tennis Center The new tennis center or racquet center was recently opened up. Some people were wondering how'that is going. City Manager Cheney informed them that the daily fee is very good. They have 115 members in the tennis club s~far, and they still have members joining the Old tennis center. It has taken away some play from the old center, but it still is an active area. In the three months~of play (they opened in November), City Manager Cheney said they not only had 1t5 members but they had 639 people, pay daily fees at the new tennis center to play. City Manager Cheney informed Mayor Trauger that people other than members can play on a daily feelbasis. Members have priority and can sign up, but others can play, and they are playing. Mayor Trauger wondered if members had a priority of time. City Manager Cheney answered that the members have a priority for signing up for time. Test Well Proqram City Manager Cheney reported that the city's test-well program is underway. They will be drilling some 15 to 16 test wellS. They are being drilled west of Congress Avenue. Six of them have been drilled already. There are "cats" out there every day, and that appears to be going well. City Manager Cheney said that is all a part of our continuing program to be sure ~ha%'the City.has their -second water plant.on line to serve the City and particularly to serve our utility service area which, of course, is bigger than the City. - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 Beach Bond I~ssue and Beach Improvement Project. City Manager Cheney inf0~med the Council that the beach bond issue and the beach improvement project are still proceeding. The validation hearings for the beach bonds will be February 23rd. ~r~ Cheney sai~d- that should be a much simpler validation hearing than %hey went to for the golf course because it is a referendum item, and there should be no problem and no~. questions. Once that hearing is hel~ we can 'proceed with the sale of the bond issue City'Manager Cheney advised. ' City Manager Cheney said the bond prospectus is about 2/3rds prepared and can go ahead once the validation has been held. He advised that they need to have two more hearings before the Ocean Ridge Planning Board and Town Commission. The n~xt hearing before the Planning Board'will be February 22nd, so~tha~ is moving along. · Ci'~y Manager Cheney assumed the meeting befQre t'he Town Commission would be early March, and they should be all through with this stage of approval by Ocean Ridge. Later on in .the Agenda, City Manager. Cheney had another item on the beach~in regard to ~going ahead with the architect. ~enth'Avenue Wideninq Another long standing prQject (and- sometimes it seems these projects continue for a long time beCause~%hey are.-compticated).is the Tenth Avenue Widening.) City. Manager Cheney~continued. He said this project is one that has been on and_off for p~obably eight years now. The plan is finished.. There .is some~igh~_of~way needed on Tenth Avenue. The County is acquiring the.right,of_Way; it~is~a limited'right-of-way, but it is still needed to get the street in. City Manager Cheney advised %hat there will be two right-of-way taking hearings before qhe Court. One will be on February 28 and one will be on March 31. One is on-the nort~ side of the street, and one is on t~he south side of the street. Why they are scheduled a month apart,~'~City Manager Cheney did not have any idea but they are. ' Councilman deLong moved, seconded by Councilmember Woolley, to accept the report and place it on file. No discussion Motion carried 5-0. ' PUBLIC AUDIENCE Mayor Trauger said if anyone wanted to speak on any item that is on the Agenda, they should give their names to the City Clerk and they will be called upon when that item appears on the Agenda. He asked if anyone wanted to speak on any item that was not on the Agenda. Councilman deLong injected that there were some people from High Point that want to talk about the situation that they have, and he believed all Members of the Council received a copy of what the - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 request was, and just this evening City Manager Cheney had put this item on the.Agenda. Councilman deLong said they coutd~dispOse of it by listening to these people and the Council taking action because the City Man'ager has so requested in the report he gave the Council this evening. At this time, Councilman deLong thought it would be in order to'have %hose people state their case so they would not have to sit here all night. Mayor Trauger said if anyone from High Point wished to speak, they could come forward and speak at this time. Frank J. Schmehl, 140-D.SOuth~Bo~le~ard¥~ ('Section-~2), Boynton Beach, was here to ask the City of Boynton Beach to do the High Point complex of all five sections a favor. Four of the sections had a covering of their streets last July. Mr. Schmehl believed it would enhance their life by seven to ten years. He said the favor is the use of the street sweeper. During the hardening and the traffic use over these new covered streets, Mr. Schmehl told the Council a fine screening seems to loosen from the tar adhesive. They have had these screenings on the streets for the last two months. Mr. Schmehl has asked the people in High Point .if they would sweep them, but they do not have the correct types of brooms to sweep these. Mr. Schmehl's reasons for being at the meeting was to ask for the street sweeper because of its heavier and stronger bristles in sweeping these screenings up. Mayor Trauger asked, "What are screenings?" Mr. Schmehl answered that these are small stone particles that come loose from the covering that they put on that does not adhere to it. Mayor Trauger asked if the contractor put them down with some~tarscreening, Mr. Schmehl replied, "That's right and as they dry, they don't stick to it, and when traffic gets on it, they loosen up." Mr. Schmehl pointed out that they do not ask the City for much. They have their own storm sewers, draining into dry wells, and they have their own street lights which theY maintain. Mr. Schmehl stated that they believe that the taxes and things that they pay is the same ~as others, and they should get this small favor. Vice Mayor Warnke thought City Manager Cheney's letter covered it very well. Councilman deLong thought the memo he sent to the Council was self-explanatory. As Mr. Schmehl said, they do not ask for much out there so Councilman deLong did not see why the Council could not accommodate them. He noted they said the contractor would come back. Councilman deLong knew some people who have been waiting for the contractors to come back since they bought their houses ten years ago. The contracto~ never did come back. - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 Councilman deLong made a motion that the .City sweep the streets of High Point, seconded~by Vice. Mayor Warnke. COuncilman deLong informed-Councilmah Wright it is a "one time deal" Councilman deLong included the one time deal in his motion, which was agreed to by Vice Mayor Warnke. Mayor Trauger mepeated, the motion that the City sweep the streets of High Point on a one time deal. No discussion. Motion carried 5-0. Mayor Trauger asked if'anyone else in the audience wished to speak on any item that was not on the Agenda. There was no response. THE PUBLIC AUDIENCE WAS CLOSED. CONSENT AGENDA: Matters in this Section of the Agenda are pro- posed by the City Ma'nager for "Consent Agenda" Approval, with all of the accompan¥inq material to become a part of the Public Record Bids Seated Bank Orchestra Riser-Set as Manufactured~by Wenger Corp. or Equal - Recreation The Tabulation Committee recommended awarding the bid to Wenger Co~p., P. O.~Box .448, Owatonna, Minnesota in the amount of $3,344'00. One Console. Destroyer RSD-9 Paper Shredder as manufactured by Rexel Shredders or Equal - Police The Tabulation Committee recommended awarding the bid to Decora, 5990 N. W. 31st Avenue, Fort Lauderdale, Florida for $1,519.53. One~ Sartorius.-Mechanical Balance or Equal - Utilities ~It was recommended 'b~ the Tabulation Committee to award the bid to Fisher~ Scientific Products, OrlandO, Florida in the amount of $1,266.00. Authorize Purchase of four (4) Sedans that are currently leased as a substitute for purchasinq four (4) new vehicles See letter from William H. Sullivan, Purchasing Agent, to Peter cheney, city Manager, dated January 13, 1983 attached hereto as page 8. Approve repair of building leaks at Utility Administration Build- inq and Buildinq, Enqineerinq and Planninq Buildinq In his memo dated January 27., 1983 addressed to Peter Cheney, City Manager, William Sullivan, Purchasing Agent recommended the work be done as quickly as possible and Swensen Waterproofing, Inc., 615~5 Whitney Avenue, ~antana,-i The. Utility Department has $2,000 available for the project. - 7 - CITY BOYNTON ..CONSENT AGENDA M~NUTES - REGULAR CITY COUNCIL MEETING V. 'A 4 ~ cc: Purchasing BEACH P.O. BOX 310 120 N.E. 2ND AVENUE BOYNTON BEACH. FLORIDA 33435 1305! 734-8111 January 13, 1983 To: Re: Peter Cheney City Manager Purchase of Leased Vehicles Bill Wallace Ford, Inc., has notified this office that it will cost $2,800.00 per vehicle to purchase 3 of the leased Ford Fairmonts. The lease on these vehicles expires January 21, 1983. The fourth car, which is leased uhtil March 6, 1983, will cost $3,236.00, $2,800.00 sale price plus $436'00 for the balance of 2 months lease. The mechanics in Public Works find these vehicles to be in good condition. Three of these vehicles have been assigned to the Detective Division of the Police Department. The fourth vehicle is used by the City Manager. The following departments would recognize a significant savings by purchasing these vehicles rather than buying new vehicles, for which they were budgeted: Budgeted Amt. Savings_ Public Works $9,350.00 $6,114.00 Recreation $8,840.00 $6,040.00 Building $7,290.00 $4,490.00 Sewage Pumping $7,300.00 $4,50'0.00 i..- Wm~ H. Sullivan Purchasing Agent WHS: fr - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 Approve Day Care Facility Renovation Contracts See "BIDS", pages 10 through 12. Approve electrical work at the Golf Course Cart Storage Building Bid - Chanqe in Award In his letter of January 26, 1983, addressed to Peter Cheney, City Manager, William H. Sullivan, Purchasing Agent, recommended the cancellation of the award to Liberty Electric and the..~award- lng of the bid to Van's Electric, Lake Worth, Florida, for the amount of $7,982. Surveillance System - Police This item was deleted from the Agenda. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of January 13, 1983 Approval for Refund of Cemetery Lot 73, Block F The Estate of Paul H. Startzman requested the refund of the purchase price of $50.00 for Lots 40, 71, 72 and 73, Block F, Boynton Beach Memorial Par~ less 20~,or $10200, fora total of $40.00 Authorization to proceed with preparation of final construction plans for City Beach renovation City Manager Cheney recommended that the City Council concur with him and authorize the beach project architects to take steps to complete construction drawings and bid documents for the renova- tion of the beach project so that the pro3ect can proceed through its next phases. Approval of Bills See list attached. Councilman deLong moved to approve the matters on the Consent Agenda with the changes recommended by City Manager Cheney (which was that "Approve Day Care Facility Renovation Contracts" be put under "BIDS") and that.the accompanying materials become a part of the public record. The motion was seconded by Vice Mayor Warnke and carried 5-0. Mayor Trauger asked where the "Seated Bank Orchestra Riser Set" is. City Manager Cheney said it would be in the auditorium so the City can get any orchestra, o~ any group that sings or plays there. They can rise up, and City Manager Cheney explained they can get them that near the stage. It would have greater flexibility in the performances there. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 Although the-motion had been passed, Councilman deLong thought it should be noted that under the purch6se of these vehicles, the City is going to save $21,144.00. Bo.th Councilman deLong and Mayor Trauger thought that was quite an accomplishment. BIDS Approve Day Care Facility Renovatign Contracts As the Council knew, City Manager Cheney. said they are in the process of renovating the DaY Care Center. T~he City has done a couple of things already in the kitchen relative to the stove, the range hood, etc. to'improve that, which-was the most important thing to get done, City Manager Cheney told the Council it is difficult always to get bids, prices, and work out arrangements for renovation projects because of the problem of being sure they interPret"the renovations that are needed and get.a fair comparison With the bidders. City Manager Cheney said they have had a~number~ of conversations'back and forth and lots of meetings to be sure that they understand what needs to be done. City Manager Cheney passed out to the Council a proposal on some work at the Day Care'Center and said ,they were recommending that this work be awarded qo Norene Construction Co~.~, Inc., 5133 Garfield Road~rDelray Beach, Florida 33445 in the amount of $6,695.00. The work tO.~be done was identified on page 3 of the handout~City Manager Cheney just gave to the ~ouncit and was for installing one-hour~rated walls and ceilings throughout the buildmng, particularly.to separate the kitchen frOm the rest of the~ building, and to separate the storage closet from the rest of ~he building. City Manager Cheney further said that it is installing some additional fire rated doOrs .between the foyer and the kitchen and to Change all of the exterior doors to'_metal doors and metal door jambs with dead bolts and automatic panic hardware. City Manager 'Cheney pointed out that this will do several things. It will make the doors airtight, from the point of view of air- conditioning loss; it, will make the doors easy to get out of because of the panic h~rdware which is required these days and, hopefully, it will make the doors harder to get in from the out- side because there will not be handles on the outSide to get in, and there will not be locks on the outside. Hopefully, City Manager Cheney said it will cut down a~ lot-of their vandalism problems. Mayor Trauger understood there ~as something with the hood. City M~nager Cheney informed him that bad'been taken care of. He said t~e Council authorized the contract on the kitchen hood some time ago. Mayor Trauger juSt heard that they could not get it and asked if there was a problem with getting it. City Manager Cheney - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYN~ON BEACH, FLORIDA FEBRUARY 1, 1983 replied, "No. He said'~they have the hood and a new fan to go in with it.- Craig Grabeel, Energy Coordinator, confirmed that the hood is in; a bigger fan had to be ordered and~is on order. CitY Manag~er Cheney also passed out a proposal they just received on fire alarm systems. He said this was the current'standard fire alarm system for the building. City Manager Cheney said the City asked for several-people to bid~and talked tO'tWo Companies. Only one sub~i~ted a proposals- Honeywell submitted two proposals - one for ~ lease arrangement and~one'for the City.~to~buy it with a $30.00 a quar~ter maintenance. ~ei~y'Manager Cheney recommended the purchase because in the long runlet is.~heaper than-'the lease arrangement ~It was simply a lease-a~d was $~.~4-00~,a0~wi%h a $65 monthly service City Manager Cheney. advised they.talked to the County relative to the County picking up'the $30.00 quarterly inspection fee, and they agreed to do that. Since they pay all of the maintenance for ~he building because they use most of it, the Assistant Director of the Agency indicated that there wOuld be no problem in them paying that. Even though they only had-one proposal, City Manager Cheney recommended that the proposal from HoneyWell be, accepted. Mayor Trauger asked what the total estimate would be so far that the City has placed ink. this since the renovationproject started. City Manager Cheney believed they had $2,800.00 on the vent and the fan, and tonight'they were talking ~$6,200.00 for the construction of %he rated walls to separate the kitchen and the closets, and they were talking another $2~500.00 for the alarm system. Somewhere, City Manager Cheney thought he had a pro- posal on the electric bill. He asked Craig Grabeel if they had a proposal on the electric system. In the Council's Consent Agenda book, City Manager Cheney said there was a proposal for improvements to the electric system, and he..was recommending that that be awarded in the amount of $900.00 to T. J. Bowles Electric Co. Inc., 413 N. E. 3rd Avenue, Boynton Beach, Florida. In summary, City Manager.'Cheney said they were talking.about three awa One~for..elect~ric; one for wa!ls; and one for a fire alarm%~syStem totall $10,t39~i'Mayor Tr~n~e~Taskedif ~hat would complete the project. City Manager Cheney asked Mr../.Grabeel if'~hat was the end of these emergency things. He'added that they had also inclUded the parking lot and put that shellrock parking lot in,~too, Which had been a help. Mr. Grabeel answered, "Yes. ' Councilman Wright noted it meant they saved some money. Initially, they thought %hey"would spend about $16,000.00, but ~t is costing much less than that. City Manager Cheney did not summarize those figures but said he would do that at the next meeting. =_e. ) - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 City Manager Cheney explained that the initial figures were without any bids and without detail. Mayor Trauger thought it was a remarkable improvement. He was just wondering where the City was funding that program and if ~they were within the boundary that they started from. Mr. Grabeel advised it was a total of $13,000.00. City Manager Cheney commented that it is unfortunate that renovations on a small building is so complicated, but it has to be and it takes time. He said Mr. Grabeel had been pulling these pieces together and would continue to watch' it as it goes on. Vi~eMayorWarnke~noted-~here-~'i~l"these letters raising and lowering the bids accordingly. He asked if Mr. Craig Grabeel's summary was of the final amounts. City Manager Cheney replied, "Yes, it is. He said that was after they sent standard letters back and had many conversations to be.sure every contractor knew precisely what was going on. In these conversations with the contractor, City Manager'Cheney said they obviously had ideas from them as to how the City ought to do it, and the City incorporated those ideas into the final product %oo. Councilman deLong moved to approve the %hr~e items mentioned for the Day Care Center, seconded by Councitmember Woolley. No discussion. Motion carried 5-0. PUBLIC HEARING - 8:00 P. M. None. DEVELOPMENT PLANS None. LEGAL Ordinances - 2nd Readinq - PUBLIC HEARING Proposed Ordinance No. 8.3-1 Re: Amending Boynton Beach Code of Ordinances Section 13-38, License and Registration Fees, Article II, Contractors,. Chapter 13, Licenses, by repealing in its entirety City Attorney Vance read proposed Ordinance No. 83-1 by title only,- on second and final reading: "AN ORDINANCE OF THE CITY OF BOYNTON BFACH, FLORIDA, AMt~qDING SECTION 13-38 'LICENSE AND REGISTRATION FEES', ARTICLE II, ' CONTRACTORS', ~ 13, ' LICENSES" BY REPEALING IN ITS ENT/iKETY SECTION 13-38~ PROVIDING FOR A REPEAl,ER CLAUSE; PROVIDING A SAVINGS CLAUSE;~ REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PUR- - 12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 Mayor Tra,uger asked if anyone in the audience would like to speak in favor of proposed Ordinance 83-1. .There was no response. M~yor Trauger asked if anyone wished .to ~speak mn opposition to proposed Ordinance, 83-1. Hearing no response, THE PUBLIC HEARING WAS CLOSED by Mayor Trauger. Councilman deLong moved to adopt proposed Ordinance 83-1 on second and final reading~ The motion was secohded by Council- member Woolley.. No discussion. At the request~of Mayor Trauger, a roll call vote was takeh by Mrs. Te~eesa Padge~t, City Clerk: Councilman deLo~g Mayor Trauge~ Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. Ordinances - 1st Readinq Proposed Ordinance No.~ 83L2 of land - Stanford Park Re: Annexation of 11.29 acre tract City Attorney Vance read.proposed Ordinance No. 83-2 on first r'eading, by title only: "AN' ORDINANCE OF THE CITY OOUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRAC2 OF LAND THAT IS CONTIGUOUS TO THE CITY. LIMITS WII!4IN PALM BEACH COUNTY AND THAT WILL, U~©N .ITS ANNEXATION, CONSTITUTE A REASONABLY CDMPAC~ ADDITION TO THE CITY TERRITORY PURSUANT TO A PETITION. OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION 7 (32) OF ~qE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA STATUTES 171.044; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLIC~ HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 83-'2 on first reading, seconded by Councilmember Woolley. No discussmon. Mrs. Padgett took a roll call vote on the motion, at the request of Mayor Trauger: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Nay Aye Aye Aye Motion carried 4-1. - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 Proposed Ordinance No. 83-3 Re: Investment of Funds - Municipal Police Officers' Pension Fund City Attorney Vance read proposed Ordinance No. 83-3 on first reading, by title only: "AN" ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPT[R 18 'PENSIONS AND RET~S', ARTICLE 3 'PENSIONS FOR POLICE OFFICERS' BY CREATING SECTION 18-166.5 TITLING IT APPOINTMENT OF INVESTMENT ADVISORS'.; PROVIDING FOR REPFALING PROVISION; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING AN AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman Wright moved the adoption of proposed Ordinance No. 83-3, seconded by Councilmember Woolley, on first reading. No discussion. A roll call vote on the motion was taken by Mrs. Padgett, at the request of Mayor Trauger: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman. deLong Mayor Trauger Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Ordinance No. 83-4 Re: Land Use - Crestview Lots 60 less the east 100 ft. thereof, 61, 62, 65 and 66 City Attorney Vance read proposed Ordinance No. 83-4, on first reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING LAND USE ET.RW~NT OF THE ~REHHNSIVE PLAN OF THE CITY BY AMENDING THE LAND USE DESIGNATION OF A C~RTAIN PARCEL OF LAND WHICH IS MORE PARTICU- LARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION. IS BEING CHANGED FROM MEDIUM DENSITY RESIDKNTIAL TO OFFICE; PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISION, AN EFFECTIVE DATE, AND FOR CfiHER PURPOSES." Mrs. Padgett, City Clerk, advised Mayor~ Trauger that some people asked to speak on this item and the next one combined on Crestview. She did not know whether they wanted to speak after this proposed Ordinance or the next one. Councilman deLong remarked, "Not on the first reading. Come into the public hearing~" Mayor Trauger asked that City Attorney Vance confirm that for Robert's Rules of Order. City Attorney Vance advised that the public hearing on ordinances presented to the City Council is on second and final reading. Accepting that ruling, Mayor Trauger said they would proceed. - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 Councilman deLong moved to adopt proposed Ordinance No. 83-4, seconded by Vice Mayor Warnke. No discussion. At the request of Mayor Trauger, Mrs. Padgett, City Clerk, took a roll call vote on the motion, as follows: Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye No Aye Motion carried 4-1. Proposed Ordinance No. 83-5 Re: Rezoning - Crestview Lots 60 less the east 100 ft. thereof, 61,. 62, 65, and 66 "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH FROM R-2 (SI~LE FAMII,Y AND DUPI,RX RESIDENTIAL) TO C-1 (OFFICE AND PROFESSIONAL CON~ERC/AL) MDRE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISIONS; AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 83-5 on first reading only, seconded by COuncilman Wright. Councilman deLong asked if this was the Ordinance where they proposed to delete the east portion of a certain lot. Mrs. Padgett replied, "Yes. It says 'less the east ." Council- man deLong questioned where it said that in the Ordinance. City Attorney Vance informed him that it is on the "LEGAL DESCRIPTION" attached as an Exhibit. Mayor Trauger requested Mrs. Padgett, City Clerk, to take a roll call vote on the motion, as follows: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye No Aye Aye Aye Motion carried 4-1. Resolutions Proposed Resolution No. 83- Re: Opposing the relocation of the Ocean Avenue Bridqe (State Road 804) TABLED As he believed there would be a workshop on this later on, City Attorney Vance said this Resolution probably should remain on the table. Councilman deLong moved that it remain on the table, seconded by Vice Mayor Warnke. Motion carried 5-0. - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY l, 1983 Proposed Resolution No. 83-E Re: Requesting Concurrence from Palm Beach County Board of County Commission for Annexation - Stanford Park City Attorney Vance informed the Council that this is a companion to Annexation Ordinance 83-2. He read proposed Resolution No. 83-E by title only, as follows: "A RESOLUTION OF THE CITY OOUNCIL OF Y~E CITY OF BOYNTON BEACH, FLORIDA, ADVISING THE BOARD OF COUNTY CC~NISSION[KS OF PALM BEACH COUNTY PURSUANT TO FLORIDA STATUTE 171.062 OF BOYNTON BEACH'S INTENTION TO CHANGE THE LAND USE CLASSIFICATION FROM PALM BEACH COUNTY LOW TO MEDIUM DENSITY RESID~qTIAL TO BOYNTON BEACH LOW D~NSITY RESIDENTIAL AND TO REZONE FROM PALM BEACH COUNTY RS (RESIDENTIAL SINGLE FAMILY) TO BOYNTON BEACH PLANNED UNIT DEVELOP- MENT WITH A LAND USE INTENSITY = 5.00, A PARCEL OF LAND LOCATED IN THE BOYNTON BEACH RESERVE ANNEXATION AREA." Councilman deLong moved the adoption of proposed Resolution No. 83-E, seconded by Councilmember Woolley. No discussion. A roll call vote on the motion was taken by Mrs. Padgett, at the request of Mayor Trauger: Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong No No Aye Aye Aye Mayor Trauger asked if this was on High Ridge Road. He was told this was on the annexation of the nursing home. Mayor Trauger was thinking he was still down on Seacrest. He wished to have his vote reconsidered. Councilman deLong moved for a reconsideration. The vote did not require a second, as City Attorney Vance advised that Mayor Trauger had the right to change his vote. Mrs. Padgett took a roll call on the motion again at the request of Mayor Trauger, for the record: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger No Aye Aye Aye Aye Motion carried 4-1 with Vice Mayor Warnke voting against the motion. Proposed Resolution No. 83-F Re: Relating to Congress Lakes Development Commitments for Congress Avenue Road Improvements and report reviewinq the project City Attorney Vance read proposed Resolution No. 83-F by title only: - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY i, 1983 ' A RESOLUTION RELATING TO CONGRESS LAKES DEVELOPMSlqT COMMITMENTS FOR CONGRESS AVENUE ROAD IMPROVEbKKXwfS.'' Councilman deLong moved the adoption of proposed Resolution No. 83-F, seconded by-Councilmember Woolley. City Manager Cheney explained to the audience that this responds to an issue of a development~o~ Congress A~enue where a~develop- ment by the name of Congress Lakes agreed to make some improve- ments in Congress Avenue. Since that agreement was made, the County is using some County funds, along with some State funds, as a part of the Motorola project, to widen Congress Avenue north of 22nd all the way to Lantana Road, which means that either the City loses the commitment from Congress Lakes or they take steps to reassign it. Congress Lakes asked that their commitment be reduced in dollars, and the City had previously agreed to that reduction in dollars along with the Count~ as long as those dollars are pledged by the County to improve those in the Boynton Beach area, particularly 804 between Congress and Military Trail. Ci~%y Manager Cheney advised that the County Commission has agreed, the developer has agreed, and everybody has agreed, and this is a finalization of what has been agreed to. City Manager Cheney said that $274,000.00 from Congress Lakes Development will be used in the design and construction of New Boynton Road west of Congress Avenue in order to continue to prepare for the Mall, Motorola, and for the increased traffic. He said there will be some additional developer dollars coming along with that to assist in the widening of what is now officially Boynton Beach Boulevard. Hopefully, Boynton Beach BOulevard will be widened to Military Trail before Motorola and the Mall open up, and City Manager Cheney said it will be one more case where they are attempting to be ahead of development or at least keep up with development. City Manager Cheney informed Councilman Wright that there are plans and commitments from the Mall and still for Congress Lakes to do some traffic signalization When necessary. When they talked about widening the road, somewhere along the way there are commitments to do signalS also. Mayor Trauger noted that the City Manager mentioned a. change of the name of the road to Boynton Boulevard from the current street. He asked if the City would incur any liability as far as people who use that address and have it published as such. City Attorney Vance replied, "No, that is one of the few privileges the government has left." Councilman deLong advised that the Resolution includes executing the agreement. Councilman Wright expressed that it sounded good. At the request of Mayor Trauger, Mrs. Padgett took a roll call vote on the motion: - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. Other City Attorney report recommending a change in the Attorney for Code Enforcement Board As the Council was aware, City Attorney Vance informed them that he recently hired William P. Doney, who was the Attorney for the Codes Enforcement Board. Attorney Vance advised that Attorney Doney can no longer represent the Codes Enforcement Board because they cannot both prosecute and advise the Board. Attorney Vance~ said they have a conflict situation. He recommended that the Council authorize the hiring of Ms. Trela White, Assistant City Attorney, City of West Palm Beach. Attorney Vance told the Council that Attorney White has back- ground in the area, including a year with the State Attorney's office. He recommended that the City hire Attorney White at the same rate they are paying Attorney Doney. Being familiar with the way Attorney Doney conducts the legal end of the hearings and Attorney White coming from the same direction, Councilman deLong moved that they accept the recommendation of City Attorney Vance for Ms. Trela White to be the Attorney for the Codes Enforcement Board. No discussion. Motion carried 5-0. OLD BUSINESS Review and approve organizational and personnel changes in Fire Department TABLED (City Manaqer requests that this matter be left on the Table) Councilman Wright moved, seconded by Councilmember Woolley to leave the above on the table. Motion carried 5-0. Authorize Golf Course Work 1. Utility Agreement 2. Electrical Service City Manager Cheney called attention to the fact that there are some decisions to build a golf course that still need to be made. He said it had to do with both water and sewer and with electricity, City Manager Cheney said they were recommending that the Council authorize the execution .of an~ agreement with the County for the provision of ten equivalent residential utility MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 connections to the golf course. He said these will be coming from the subdivision to the south of us. The City has negotiated with the engineers and representatives of the subdivision. This means that the City is able to get utilities for the golf course from a very close, nearby development instead of having to traverse a long way on Golf Road and the entrance road and the golf course and maybe along Le Chalet Boulevard somewhere. The City is required; because ~hel City is using County utility connections, to pay .their fees and to pay an advance payment o~ $.1,890.00. An.ultimate fee is $15,500 for ten units. City Manager Cheney thought a part of the City's ability to do this with the County. (and he reported that the City has had very good cooperation from County officials) is relatedito~he ~.~ city's willingness to solve a problem for them on Santaiuces High School. City Manager Cheney said the City gave the County many more equivalent building units than ten, but it was appreciated by all involved, and the County has agreed to give the City ten units here. He commented that it has been a good arrange- ment. City Manager Cheney asked that the City approve that expenditure. He said the City has also been negotiating with Florida Power and Light Company for electricity. City Manager Cheney was recommending that the electric system for the golf course be placed underground. It will cost the City $15,000 to engineer it and go underground but he thought it added to the good looks of the area. It reduces the problem of outages for oum center, which is somewhat off of the beaten path at this time. It will improve the attractiveness of the access road, which is being built for the City by the developmentjust to the south.of us. City Manager Cheney thought the City ought to go underground for all of those reasons on electric- ity going into the golf course. City Manager Cheney recommended an expenditure of $15,000 and said all of these dollars are within previously estimated budget prop~als that the City put into the golf course project two years ago and can be covered by the City's expected budget for the golf course. Councilman deLong had given .this some deep study and moved to approve the City Manager's recommendation and authorize the golf course work and to execute the agreement outlined in City Manager Cheney's memorandum of February 1, 1983. He said the memo would become a part of the public record. Vice Mayor Warnke seconded the motion, and the motion carried 5-0. Mayor Trauger thanked City Manager Cheney for a very good piece of work on that. Consider Congress Lakes Project Land Dedication Transfer to comply with Recreation Land portion of Annexation Aqreement - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 City Manager Cheney said this goes back to the same Congress Lakes project they talked about a few minutes ago in the improvements to Congress Avenue. He said all residential developments in the City have to make a contribution of some kind, either land or dollars to the City in connection with their development. City Manager Cheney informed the Council that this particular piece of land was recently.annexed into the City. When it was annexed, a part of the annexation agreement included that they have the right to give the City land or money or a combination thereof and that the land could be in another part of the City if that appeared to be appropriate. It was pretty much left to be the option of Congress Lakes. In ,connection with their development, City Manager Cheney said they are required to give the City a total of $517,000 worth Of either land or money. City Manager Cheney told the Council this developer owns a large piece of land on North Seacrest Boulevard between 17th and 19th. The City already has~'~ adjacent to this piece of land, a small park known as Rolling Green Park. In general, throughout this part of the City, City Manager Cheney pointed out that the City has a shortage of park land but a very heavy concentration of children and families with children. It has seemed for some time, through the ~planning process and as they discussed this at the annexation time, that the gift of this land would do several things. It would solve the problem for Congress Lakes. It would give the City some land that is totally public. It would avoid having more residences built here and therefore increasing the density in an already relatively de~se area. In addition to the residential land (City Manager Cheney believed the Council had colored maps) which does not front on Seacrest and which does not have enough value to meet the required $517,000, the developer has agreed to give the City the commercial land to the front, which City Manager Cheney was recommending the City accept. It has a building on it. City Manager Cheney did not yet have the leases for that building and, therefore, he could not discuss it. He said he would come'back to the Council at another meeting and discuss how they were going to deal with those issues and what to do about it. This gives the City a big piece of land to do something with in the recreation area in the future, City Manager Cheney advised. It at least gives the City the opportunity to get in there and clean it up, make a good looking area, and do a major piece of improvement. It will take some money and some time, but City Manager Cheney pointed out it gives the City the opportunity. Even that additional commercial land was not enough to solve the residential problems (their recreation problem) so City Manager Cheney called the Council's attention to some small lots on the map somewhat near the old sewer plant which are vacant and which Congress Lakes is also dedicating to the City. - 20 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 City Manager Cheney said the total colored area on the map will complete their required dedication. He said the City may come back to the Council later on on those smaller lots and make some suggestions about selling those off for residential development because there are just a few of them. It is not likethe~big 20 acre piece. City Manager Cheney said they could take that money and put it into ~a recreational fund so they can make some improvements on this larger piece of land in the same area or whatever else the Council might want to do at that time. Councilman deLong felt this was one time when the City was coming out in a very favorable situation. Councilman Wright said this was the area where citizens were complaining about needing to enhance that park over there. He asked if this was the same vicinity. City Manager Cheney informed him the existing park was the long white area. Mayor Trauger asked what the first white area was. Councilmember Woolley asked what the little white square was. City Manager replied that from the corner of 19th, there is a gas station; and that corner has a school. Mayor Trauger asked what the little white one right behind the red crosshatch was on 19th. ~ City Manager Cheney explained that the Mayor's map had been colored too far to the north. He explained that what the Mayor had was crosshatched, and it should be white. Councilman deLong moved to approve the staff's recommendation that the City Council agree to accept the deeds for these pieces of property and authorize the proper execution of these deeds when they are presented and approved by the City Attorney, as contained in the memorandum received by the City Manager dated February 1, 1983. Councilmember Woolley seconded the motion. City Attorney Vance interjected that this was somewhat complicated and took awhile to work out. He advised that the deeds have been prepared, and he believed they were mn the mail to the City Manager. As Councilman deLong said, Mayor Trauger commented that this was a remarkable pickup in a place where the City vitally needs recreation facilities. He did not want anybody.-~ to think they had enough money in the budget to go "full board", but at least the City could get the land cleaned. In looking at these other lots, it seemed to Mayor Trauger in'reading either the Florida League of Cities or something they received in the mail in the past week, there was a part of a view of an ~im~ .~of,aHUD OD something requesting cities where they have had small parcels of property for a part of building development. C~ty Manager Cheney said there was such a request, but it comes at the time that the Federal Government is cutting back on hgusing funds, so he was not sure how those two programs go t~gether, but said someone is alwaYs requesting more land for s~bsidized housing, and the President is cutting off money for s~bsidized housing. Mayor Trauger pointed out that this is an a~ea that needs housing, and he thought it was worth pursuing. - 21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1., 1983 City Manager Cheney said there is another thing happening in the City, particularly in the north area that he thought the City would want to look at too. He reminded the Council that they recently received a report that in 1982, the City gave approxi- mately 350 certificates of occupancy for residential units (about one a day). Half of those approximately were in Hunters Run, but 25~ of those were on individual, vacant filled in lots throughout the city. Many of those lots have been built on in the northend, and many of those lots have been built on with houses at a good middle income price range, City Manager Cheney said that is in the $30,000 and $35,000 range. He said that also is a price range of housing and the income level that City Manager Cheney thought the City needs to put into the part of the city. That was another option that City Manager Cheney said they might take a look at, which would be a real plus to the City. City Manager Cheney said there were two or three things they could do there on those vacant lots. He was not sure of the sizes but said they may~-wa~t,~'to dosomeresubdivision~asi~combining and separating against some bigger.lots instead ~.of smell lots. City Manager Cheney said they would look at those things. A vote was taken on Councilman deLong's motion, and the motion carried 5-0. Consider Proposal for American Leqion Land Exchanqe City Manager Cheney stated that they were talking about a long term issue which they had a lot of problems with, and in this proposal, they were still talking about the same piece of land they were just talking about. It was staff's recommendation that the City take a portion of this piece of land in the yellow (the 20 acre piece.- the southwest corner) so that it is not in the middle of whatever recreational problem will come along and so that it could be a piece of land which could be easily and properly developed by the American Legion and that they swap, in accordance with the requirements in the Code, some 22,000 square feet of land there for the 10,000 square feet of land the Legion owns in the Cherry Hill area of the City. City Manager Cheney asked that if%heCounci~l~gree~ with thisi that the Council authorize him to meet with the Legion, understand their financial situation, and discuss with them a variety of issues that they can bring this about. City Manager Cheney said they may have some dollar issues that they could.work, out over time. To meet the requirements of law on exchanging and selling public land, City Manager Cheney thought they could do it over time and eonsistent~ith~ir~plantoward development and their financial situation. He added that they would have %o do a deed to sell that land. City Manager Cheney said the City Could do that because the City is getting back from the Legion recreational land because that piece of land south of Cherry Hills is right across - 22 - MINUTES - REGULAR CITY COUNCIL MEETING B@YNTON BEACH, FLORIDA FEBRUARY 1, 1983 the street from the park, and he thought it should be made a residential area and turned into a park. City Manager Cheney said they would perhaps have a little park down there as a substitute for this park, so they will still be keeping the recreation realm. City Manager Cheney told the Council the staff's ~ecommendation is that the Council authorize him to work out some kind Of financial arrangement and a deed where they could transfer eventually these pieces of land back and forth. Mayor Trauger wondered if Rev. DOuglas D6vis f~om theAn~er~cah -- Legion had any comment. (Rev. Douglas Davis, 301 N. E. 13th Avenue Boynton Beach, Florida represents Leroy ~Parker Post 288 of the Legion.) Councilman deLong noted on the Agenda, they had item "D", American Legion, and item "E", Pistol Range. Both are mentioned in City Manager Cheney's memorandum of February 1. Councilman deLong asked if they wanted to take the two as one. ~City Manager Cheney advised they are two separate pieces on tw~ separate piece of land. He explained that they are talking about the Legion land as being on the east side Of 1-95 and the pistol range on the west side of 1-95. Councilman deLong noted they were combined in one memorandum. City Manager Cheney reiterated that theyt~hould~havebeen separate. Mayor Trauger asked Rev. Davis if this sounded like music to his ears. Rely. Davis replied, "Almost. Not until the deeds have been transferred." Speaking for American Legion Post 288, Rev. Davis was sure that this long drawn out program would be dissolved one way or the other. He was hoping that in the exchange of these lots, it will be lifting a big burden from them and the City. Rev. Davis said the American Legion will ask the City to deed them a lot for "X" number of years, for a certain length of time (99 years), but he believed everything would work out all right. Rev. Davis asked City Manager CheneY to let him know when he wanted to meet with the American Legion. He said Mr. Cheney had his number and knows how to get in touch with him. Councilman deLong moved to direct the City Manager and the City Attorney to proceed in accordance with City Manager Cheney's memo dated February 1, 1983 in order to. bring this long existing item to a final conclusion. Vice Mayor Warnke seconded the motion. Since this item has been going on well over three years and has been one of the items which was requested last week.that this Council wanted to have cleared up before it leaves, Mayor Trauger wanted to add to the motion that this matter be consummated no later than March 10, 1983. This was agreeable to both Council- man deLong and Vice Mayor Warnke. - 23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 City Manager Cheney did not want to sound negative but advised that if for some reason the City did not have the deed for the land from Congress Lakes recorded etc. by then, the'~City~cannot give a deed to the American Legion. As much as he would like to see this thing move on, City Manager Cheney warned that there may be problems. He said the City may have the deed, and the City may have it all worked out, but he could not commit the City to give a deed if the City did not have a deed to give. Councilman deLong wished to add the words "if possible" to the motion. City Attorney Vance informed the Council that both the City Manager and he have put some effort into acquiring this land, and it has been the obvious solution to two problems. He had to agree that if for some reason the City does not have a recorded deed, ~the City cannot give a deed. City Attorney Vance anticipated that the City would have a recorded deed very shortly but said it was at a point beyond their control. Mayor Trauger understood but wanted to get this thing going by March 10th if at all humanly possible'. Councilman deLong advised that the Council makes the motions and the City Manager and the City Attorney carry them out. He said if everyone agreed on it, they should move on it. It was agreeable to Vice Mayor Warnke, who had seconded the motion. In addition to that, Councilman Wright said he would like to get a status report by the next Council meeting. Hopefully, he said they could meet with the Legion by that time. Mayor Trauger repeated that the motion was that the Council direct the City Manager and the City Attorney to proceed in accordance with City Manager Cheney's memo dated February 1, 1983 and that this be consummated if humanly possible by March 10, 1983. Motion carried 5-0. There was applause from the audience. Consider program to further develop a City Police Department Pistol Ranqe and City Attorney Opinion concerninq Appraisal City Manager Cheney indicated that (1) we ought ~to complete the pistol range; (2). we ought to have a pistol range that is owned and operated by the City through its Police Department but made available to citizens through the FOP and FOPA and particularly for other citizens to use this for practice, experience, contests, or whatever. City Manager Cheney said he would not go through the long history of the City and the FOP's involvement with this land. What they had since this was last discussed with the Council is the preparation of an appraisal report as to the values involved MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 for the FOP with the intent being that they acquire the leasehold interest on this piece of land and take steps as rapidly as they can and with funds available, or find the funds if they can.to improve and complete the pistol range portion of this building, which has been sitting as a shell for all these years. Mayor-Trauger asked City Manager Cheney if he had any idea, time- wise, how much it would take to consummate this. City Manager Cheney asked, "The total project, including the pistol range completion?" He answered that by the time the City brings up-to- date past efforts of design (and he did not know what the dollars would be), City Manager Cheney hoped they were talking in the range of six months. If the City does not have enough dollars (and some people say the dollars are going to be much more than he would anticipate), City Manager Cheney said then they would have a bigger problem. He admitted that he has never built a pistol range so~-~e~£d not have that experience. If the dollars work out right, maybe the City can do it in such a way that they do it partially with the dollars that they have to make something work out as an interim solution or half of it, or add some features that they do not need initially~dd the features later, in two or thmee years), City Manager Cheney continued. City Manager Cheney pointed out that they ought to proceed with acquiring the leaseholds so they know what their net dollars are afterward. Mayor Trauger asked.what he estimated it would take to acquire the leasehOlds timewise. City Manager Cheney could not tell Mayor Trauger how close~'the aity is going to get and how fast the'City will move with those negotiations with the FOP. Mayor Trauger remarked that maybe the City ought to audit their funds first and make them go a little faster. Vice Mayor Warnke referred to City Manager Cheney's memorandum of February 1, the 5th line, and said it should be corrected to read "Fraternal Order of Police Associates"and not Auxiliary, Vice Mayor Warnke moved that the City Manager be authorized to go ahead with negotiations with the FOP in the leasehold agree- ments, as outlined in the memorandum of February 1, 1983. The motion was seconded by Councilmember Woolley and carried 5-0. ReDort on Lottie Pierce Utility Bill City Manager Cheney had no further comments other than what is in the report. He said the issue here is that the City does not have a fixed charge for sewage. The City has a fixed charge plus a..use charge. Councilman Wright thought the real concern was that these percentage figures are somewhat confusing, based on what they approved. He further thought that was why Mrs. Pierce was upset, Councilman Wright said it gives the old rate and the new rate, and there was a 39~ increase since 1977 that she did not quite understand. She did not quite understand why it did ~not average out to 34~ (using the new rate figures). - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1~ 1983 Based upon this report and the negotiations attached, Mayor Trauger asked if this had been explained to Mrs. Pierce and if she now understood this to any degree of satisfaction or not. Councilman Wright asked City Manager Cheney if this was the one he worked out with Mrs. Pierce when he met with her. City Manager Cheney answered that he had gone over the forms with Mrs. Pierce. Mayor Trauger asked if Mrs. Pierce appeared to be satisfied with the information. City Manager Cheney thought she was not because he went over these forms with her before the last Council meeting, and she indicated at the last Council meeting that she wanted the Council to discuss these so City Manager Cheney assumed she was not satisfied. Mayor Trauger asked the Council if they understood what has happened- Councilmember Woolley replied, "Yes." City Manager Cheney assured the Council that these charges, to the best of his knowledge, were correct in accord with our current City Ordinances and City Resolutions. He realized the increase to Mrs. Pierce is a lot. Vice Mayor Warnke moved to accept the report of the City Manager on Lottie Piece. Councilman deLong was looking for some kind of recommendation from the City Manager on this but did not see any- thing at all. City Manager Cheney said there was no recommenda- tion; he was just reporting on what her bill is and how it compares; her bill is her bill. Councilmember Woolley asked about an explanation. City Manager Cheney exclaimed that there was nothing he could do. He said he has explained that the charges are correct and can make a recommendation that the Council not do anything about it. Councilman deLong wanted to get a firm understanding as to what the policy was. City Manager Cheney assured him that this is the policy, and the City is following it. Councilman Wright asked, "What were we saying the reason is now for why on page 2 of the figures for 77~, 80%., 58~?" When the City adopted these rates, City Manager Cheney said he made it very clear that the average increase would be 38%. He also made it very clear that an average is just that. City Manager Cheney recalled that he pointed out that there are houses in the City that are paying more than 38~ and there are some that pay less, based on the fixture count. If you had a house that was a small house, and it was paying the minimal charge of $5.00 for five fixtures and one bathroom, and if you had a family of two or three children, you were getting a deal before, City Manager Cheney informed the Council. Now, he explained, you are having to pay on usage, particularly in sewer, and your charge is going to go up because this is related to use as well as a fixed charge. On the other hand, if you were mn a house (he mentioned Leisureville) where there are many houses that have two bathrooms, nine or ten fixtures, a washer, dryer, dishwasher, disposal, and all of those good things which - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 some of the houses in the northend do not have. City Manager Cheney said they pointed out at that time that that house was probably paying $9 and was probably using the minimum amount of water and sewer. That house would not get much of an increase. They already were paying more than their fair share. Now, based on usage, City Manager Cheney said they are paying their fair share and the other house is paying their fair share. Some may have a lower percentage, and some may have a higher percentage, and the average is about 35~ to 36~. Councilman deLong thought that was where the complaint came from originally. It was based on fixtures instead of gallons. Councilman deLong recalled it was recommended by the Consulting Engineers to switch it from fixtures to gallons, and now that is what they are paymng. Councilman Wright was sure they were gomng to explain it in their annual report. He suggested to the media (if there were any reporters there) that they do a story and talk with the City staff so that the majority of the citizens will definitely understand (those who get the Post, and a lot of them do get the Post). Councilman Wright said he has ~'ecemved a lot of calls asking, ~'Why is my bill so much?'" He thought it might be good if they just did a good article to explain the matter in the papers again so the citizens could Understand why the bills are the way they are. Councilman deLong advised Councilman Wright that that study took approximately 1-1/2 years. Out of the 15,000 bills in the City, City Manager Cheney has not had more than twenty complaints. Based on the'report of Lottie Pierce's utility bill, Mayor Trauger said the report was there as presented. He asked Lottie Pierce if she understood what was mn the report and i'f ~she accepted it as about the best the City could do in explaining it. Mrs. Pierce replied, "It is not accepted. Sewage and garbage is a flat rate as it's been for 18 years. Mayor Trauger advised that those were changed. Mrs. Pierce said the City Manager told her that $7.00 was used. She paid $12.50, which was the flat rate that was given her. Mrs. Pierce said no sewer and no garbage has ever been flexible since they had it, so why should it be now. Everybody else is paying $8.00. Mrs. Pierce even asked Mrs. Grummons, and she said she pays $8.00. As Councilman deLong just explained, Mayor Trauger repeated that the City did a 1-1/2 year study on the equitable part of the rates so that everybody would pay their fair share and water by usage rather than by fixtures. On the portion of the water Mrs. Pierce used to the sewer computation rate and the garbage compu- tation, Mayor Trauger informed Mrs. Pierce that these were changed about three months ago. Mayor Trauger's question was not whether Mr-s. Pierce believed the change was fair or not. Mrs. Pierce declared it was not fair. - 27 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 What Mayor Trauger was trying to ascertain was if Mrs. Pierce understood what the City Manager had placed in effect and that this was the best and clearest explanation the City could make. Mayor Trauger's point was understanding what the City Manager had explained. In no- way was he arguing the fairness or no fairness of it. Mrs. Pierce answered that she was not arguing. She asked Mayor Trauger if he pays $19 for sewage. Councilman deLong moved to accept the City Manager's report and place it on file. Councilmember Woolley seconded the motion, and the motion carried 5-0. Water Bill - Chuck Kent Charles H. Kent, 4009 Plum Tree Drive, 'San Castle, Lantana, said for the month of November, he received a water bill for $94.20. His wife used to take care of the bills, and he did not pay any attention to. it. He was not aware that his water bill was increasing. On the 20th day of December, a man knocked at his door and said he was the water meter reader, and asked Mr. Kent if he had any water faucets on in his home, at which time Mr. Kent said he did not. The water meter reader asked Mr. Kent if he had any water faucet on outside of his house. Mr. Kent answered, "Not to my knowledge." The water meter reader told Mr. Kent he was running about 11 gallons of water a minute through his meter. After three days of surveillance of his property, Mr. Ken~ could see no visual signs or evidence showing that he had any type of water leakage, so he started digging up his front yard; Mr. Kent found a leakage in the main water line coming from the water meter to his home. It just so happened that the water line was buried about almost five foot below the surface of the ground, which would have accounted for no visual signs or physical evidence of the water leakage. If Mr. Kent was not mistaken, water leakage is not something to be considered as his fault~ He informed the Council that these lines are "like 20 years old." It took "quite a bit" for Mr. Kent to find the leakage, as he has a torn ligament inside of his hand and had to dig the side of his yard to find the water leakage. In December, Mr. Kent received a water billing for 420,000 gallons of water that passed through his water line~ making a total water bill of $484.15. In Mr. Kent's opinion, this was astronomical, and he did not feel it was his place to have to pay for 420 000 gallons of water. ' Mr. Kent wanted to see if there was not some way to make the Council make some kind of compensation or some kind of an adjust- ment. Mr. Kent had talked to City Manager Cheney and several others on the phone. He understood from what Mr. Cheney said that he is responsible for any water that passes through his meter. Mr. Kent repeated that he did not see why he should have to pay for - 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 about 415,000 gallons of water that he never realty.did receive and never used. He certainly did not feel that 420,000 gallons of water and $484.00 for one month's water bill was fair. Mr. Kent thought there should be something in the City's rules or some- thing that this can be absorbed. He stressed that it certainly was not through neglect, and it certainly was not his fault that his water line burst. Mr. Kent asked, "What's the chances of your water line bursting? How many homes are in the San Castle area - 3,000 or 4,000 homes?" He thought perhaps City Manager Cheney could give them a rundown on how many homes are serviced water in the San Castle area. City Manager Cheney's comment was the same one he gave Mr. Kent before. He said it has always been the City's position that when the water goes through the. meter, it is not the City's water any more; it is the person who is being served. City Manager Cheney realized the bill was high but said Mr. Kent raised the question of whose fault it is. City Manager' Cheney said it certainly is not the fault of all the other citizens in the City who would have to. pay their share of this water bill. He could not help but suggest that if the Council would make a change here, they would be open- ing up a Pandora's box for every water leak in to~n because no water leak in the service line is anybody's fault. As far as City Manager Cheney knew, the City has been very consistent with this business and when the water goes through the meter, unless they can prove the meter is wrong, then the person who has the water on their side of the meter pays for it. City Manager Cheney repeated that is consistent. City Manager Cheney understood Mr. Kent's position but suspected as a parallel, if the City had a delivery of oil from Gulf Oil Company in one of its tanks and there was a hole in the bottom, whether it was the City's fault or not, the City would have to pay for that oil. As far as Mr. Kent paying a little bit at a time, City Manager Cheney said the City also works out those kinds of payment schedules for people who, for some reason, have a high bill. City Manager Cheney noted that the City did maybe more than they were responsible for. They brought the leak to Mr. Kent's attention; the City went to his house, saw the meter going fast and using a lot. City Manager Cheney said the City brought it to Mr. Kent's attention, and the City tries to bring it to the attention of people when the City finds a water leak. It was City Manager Cheney's recommendation that Mr. Kent has to pay for that water. Mr. Kent asked why he was not informed during the month of November when his bill shot up to $94.00. City Manager Cheney answered, "You were." Mayor Trauger replied that was probably the signal that something was wrong. Mr. Kent again asked why he was not informed. City Manager Cheney told him he was informed; he got a water bill. Mr. Kent disagreed, saying he was not informed - 29 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 as he was in the month of December. In the month of December, a man knocked at Mr. Kent's. door and told him he must have a water leakage, and Mr. Kent immediately went out and shut it off. This was a total inconvenience to Mr. Kent, and he said,~-Unless someone has to live through an inconvenience of having your water shut off and only turn it on for like thirty minutes to an hour a day so that you and.your family can utilize benefits of water, that is a total inconvenience." Mr. Kent pointed out that the City has a thing called electro- analysis, when you have a brass water meter hooked up to a galvanized pipe that runs into copper. He said, "You have a breakdown in your line. You call for a thing called an electro- analysis if I am not mistaken." Mr. Kent meant to bring it tonight. He informed everyone that the first four feet of the water line coming off of the water meter was cut off and showed how deteriorated this water line is. At the same time, City Manager Cheney says, "Why should other tax payers have to pay for it?" Mr, Kent believed that all of the water lines are flushed through the City's fire hydrants when they go out, turn on the fire hydrants, and flush out the fire hydrants. If he was not mistaken, Mr. Kent said the taxpayers were the ones paying for flushing out all of the fire hydrants. City Manager Cheney stated, "Of course they do. They benefit from the fact that the water line is cleaned out, and the fire hydrants are working. That is a benefit to everybody, but the water that goes through your leaky pipe is not a benefit to anybody." City Manager Cheney asked Mr. Kent if he fixed the pipe yet. Mr. Kent replied, "Yes sir. That's been more than fixed." City Manager Cheney informed him that he did not fix it for several weeks. Mr. Kent was in no financial position, and as soon as he got in a position where he could do something, he did just that very thing. He stated he ceztainly had not allocated $350 in his budget to fix a leaky water pipe. That was why he did not fix it and had to live with the inconvenience. Mr. Kent reiterated that if he had to pay for this water'bill, he would certainly be paying for some- thing he never received. Just because it passed through his water meter, Mr. Kent said City Manager Cheney was ~,~i~ll telling him he was having to pay for something he never received. Mr. Kent did not feel it was fair to him as a consumer or fair to him as an individual. Mr. Kent said he would go along with uaying the City a double figure on the $94.00 or a double figure on any other water bill of his but not $484.00. For the-two months, it came to $594.35, which was a whole lot of money for just a two months' water bill. Councilman Wright asked how many other complaints the City had like this one. He thought it was really astronomical ~and said he was definitely sympathetic. City Manager Cheney advised that the City has galvanized pipes all over town. Both Councilman Wright and Councilmember Woolley wanted to know how many situations. Mr. Kent asked how many times the City has a process of electroanalysis - 30- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 that is breaking these pipes down and how many more were~hey~going~to have mn the future. Councilmember Woolley asked City Manager Cheney how many people have had a problem like this. City Manager Cheney did not know how many the City has had of this degree. He had not kept track but said the City has had a lot of people that had leaky water lines or claimed they had leak~,, or lose water a~d claim they never used water. He asked Perry Cessna, Director of Utilities if he had any idea how many situations like there have been or potentially there can be. In the past eight years Mr. Cessna has been here, he said they probably have'~had 35 to 40 cases where they have had high water bills. He recalled one in particular where the'water went up to almost $1,000.00. They happened to have a two inch galvanized line. Mr. Cessna told the Council it will rust out and will corrode out on electroalysis. Council- member Woolley asked, "And he happily paid that bill?" Mr. Cessna replied that he did. Councilmember Woolley further questioned, "And they paid the $1,000 water bill?" Mr. Cessna answered, "Yes, they did." Both Mr. Kent and Councilman Wright felt the person must live on the ocean to pay a $1,000 bill. Mr. Cessna warned the Council that every person that gets a water bill that is 2,000 gallons higher will'/be~.comingin saying they have~..~&little leak, and the City will be opening up a Pandora~ box. Mr. Kent pointed out that 2,000 gallons is a long way from 420,000 gallons and is enough to put up better than 21 swimming pools, When the meter reader goes around and sees something like this, it is out of the ordinary and he should know something is wrong. Therefore, Councilman deLong thought the people should at least be alerted. Mayor Trauger said that was how they found ~he leak. The water meter man told Mr. Kent he had a leak. In the month of December, Mr. Kent said they told him about it but in November, when the~ibill first began to shoot up, he was uninformed at that time. City Manager Cheney said the City cannot accept the responsibility for being required or liable for being sure to let people know when the water goes up. He said there is a wide variety when a water bill goes up. With some people, if it goes up by 1,000 gallons, it is a lot. Others, if it goes up by 18,000 gallons, it is not a lot. City Manager CheheY stressed that the City cannot accept the responsibility of being sure they let people know when the water goes up. On the other hand, the City does, as an extra service (not as a responsibility because then they would be in a terrible spot) ~hen they see an unusual situation and catch it, bring it to&th~cpeople's attention.'~ Mr. Kent asked why it. was not brought to his attention in the month of November. City Manager Cheney did not know and said the City does not do that as a matter of rule but when they see it is unusual, they do. Obviously, City Manager Cheney agreed, 484,000 gallons is unusual. He did not know if the meter man had the reading from the previous - 31 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 month when he went to Mr. Kent's house. He may have had a new book. Some people tell the City you should not have the previous reading before the water man when he goes because he may see another read- ing and not read properly, so City Manager Cheney said there was a balance there of whether he had the book showing the previous reading or does not have the book showing the previous reading. If a man is out reading water meters all day long and suddenly comes across one in the same area that is astronomically higher than the others, Mr. Kent asked City Manager Cheney if he would not say that the man should pick up on that. City Manager Cheney was not saying the City should pick up on that and stated he would not say the City should pick up on that. Mr. Kent asked if City Manager Cheney did not think the man should be mentally alert enough to be aware. City Manager Cheney did not think the City should do that. If they hapPen to do it as a service, he said it was fine as an extra service. Vice Mayor Warnke was extremely sympathetic to Mr. Kent. He talked to Mr. Kent on the phone and sent a memorandum to the City Manager. He said if your car suddenly starts using a gallon of gas every mile, you cannot go back to Standard Oil and say, "Why are you selling me so much gas?" Mr. Kent said when you are talking about my car and gas, you are talking about a million gas stations out there. He said they were talking about a Utilities Department here that was not just another gas station down the road. Mr. Kent was certain that somewhere down the line they could find somewhere in their utility ruling, constitution, rules, regulations, statutes, or whatever, that there can be some very unusual cases where they could allocate something. Considering the extenuating circumstances in this situation, Councitmember Woolley knew, personally, she would be furious and would not pay it. She. said they may be opening a Pandora's box but they would deal with each situation as it comes up. Councilmember Woolley moved that they go back to the November bill. Mr. Kent paid the $94.00 for the November bill and said they should carry on from this point on with the regular bill. It has been adjusted and corrected to this point. Mr. Kent confirmed that the situation had been corrected. Councilmember Woolley continued with her motion by saying, "$94.00 for November, $94.00 for December, and pick up with this month's regular scheduled bill whenever you get it." Mr. Kent said he would agree to that. Councilman deLong seconded the motion. Mayor Trauger repeated the motion was that the City Council accept to make the charge for the water bill of Mr. Kent back to his November bill for $94.20, if not paid, and that the December bill of $484.50 be reduced to $94.20. City Attorney Vance asked if the Council knew the motion was - 32 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 being made only because of the tremendous volume of over 400,000 gallons and that the Council would not consider this type of situation where they are dealing with 20,000, 30,000, or even 100,000 gallons. Councilmember Woolley agreed to include that mn her motion. That~was agreeable to Councilman deLong. Councilmember Woolley felt the Council was doing the right and just thing. A vote was taken on the motion, and the motion carried 5-0. Councilman Wright moved to have the staff devise a policy for the Council's approval so when the City has any further problems in the future of something of this caliber, they will have some kind of plan to deal with it. He referred to the. bill, for $1,000 ME. Cessna told them about, and said, "I just feel that we should cover ourselves and do something that we can support to prevent these things." Councilman deLong thought they should weigh each case on its own merit. City Attorney Vance interjected, "With the added stipulation, as the Council~has now indicated, you would have to hit at least 100,000 gallons before they would consider it." Councilman deLong advised that the motion had already gone. Review and Presentation of Boat Ramp Park Schematic Desiqn Proposal Charles ~rede'rick, Director of Recreation and Parks, asked the Council to recall that several meetings ago, they had presented to them a preliminary schematic plan for the boat club design done by Edward Stone & Associates, the consulting group that did the City's beach plan design. After that meeting, through the Council's instructions, Mr. Frederick said they went back to Edward Stone & Associates and asked them to do a final schematic plan making some minor adjustments and improvements which have come from the Recreation and Parks' Board and through the Council's review. Also, as a part of the schematic plan and drawing, Mr. Frederick said the Council should have received a narrative report (which the CityManager handed out to them). Mr. Frederick said the narrative report briefly summarizes what is on the picture and was very simplified, basically covering the major changes that they are looking for in the renovation of the facility. As a part of the final instructions to Mr. Stone, Mr. Frederick said they told him to take a look at the property, the acquisition of additional property west of the City's current western boundary going to Federal Highway and what that would do to the design of the facility if the City in.some way acquires that property. Mr. Frederick had a picture of that, which he said he would show the Council. - 33- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 So the Council was refreshed, Mr. Frederick said their ma3or and key elements in this renovation project were to address the traffic arterial pattern within the park and improve our parking. situation, improve our trailer parking situation, improve our restroom accommodations, renovate our existing boat ramps, renovate the boardWalk system, the landscaping project (which would give the park an aesthetic and pleasing appearance for the users) and in total, take a piece of property which is one of the most important recreation facilities that this City has other than probably our public beach and make it worthy of that tag and something that we can be proud of when we go down to the Intra- coastal for our 4th of July affairs or whatever it might be. From the first time they saw the plan, Mr. Frederick said they have added parking space, five additional boat trailer spaces, additional spaces around the clubhouse facility, widened the area around the clubhouse so if the City wants to expand that building in the future, they will be able to expand it. Basically, other than those features, Mr. Frederick said it was the same as the Council saw it originally. Mr. Frederick said the picture on the back gave them a picture of what the expansion would look like if they came all the way out to the Federal Highway. He indicated Federal Highway, which was basically acquiring property which would amount to 1.4 acres of property. What that does, Mr. Frederick pointed out, is increase the overall parking interior of twenty spaces, allows more boat trailer parking, more parking up around the boat clubhouse itself, and obviously gives a front door to the park right on Federal Highway. Mr. Frederick further stated it would give a lot more acreage for open space recreation and overflow parking during the peak times on weekends when boat trailers are there in high numbers. The eastern portion of this particular plan is the same as the other one. Mr. Frederick said they were only talking about approxi- mately 1.4 acres and, obviously, the City had not pursued at this point (Mr. Frederick did not think) the acquisition of that property. He thought it was kind of a long range thing and advised they did not want to wait to begin the development of this facility until that would be acquired, but Mr. Frederick thought it was something that the City would certainly want to pursue and consider- as they look at the funds available in the City for recreation and park development. In addition, to this particular plan, Mr~ Frederick reported they also did a phasing plan not knowing (.!as Mr. Frederick said this facility has not been costed out, which is one of the next steps the City will be getting into) and assuming that they do not have the money to do it all at once. He asked, "What direction would we go?" Mr. Frederick told the Council the yellow colors that they saw were what the City called its first phase develop- ment and addresses the most critical areas that were presented to - 34 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 them by the people down at the Boat Club when the City went through their interviews with them; (they were at the Park Board meetings) and through their discussions with the City Council. Mr. Frederick said that was the main entrance way, the boat trailer parking, the restroom facility, and the boat ramps. Those are the key elements in the yellow sections and the areas Mr. Frederick said they want to address first as monies become available. The second phase is the orange coloring which addresses the remainder of the new access road, which pulls that existing road off of the waterway, brings it back to the west, and opens up the park down to the water for the people, Mr. Frederick continued. He said the third phase is the brown colored section. Mr. Frederick pointed out the area and said that is the interior, new shelters, new play apparatus, new grills, new cooking, landscaping and those type of things. The fourth phase is the floating boat ramp, which Mr. Frederick indicatedp plus the potential for a bait concession building and revenue producing type operations. Mr. Frederick said those were the four phases. It is very preliminary, and a lot of it depends on their final design plans and upon the cost of the total project. Mr. Frederick thought what they were looking for at this point was some signal from the Council that things look qood and they should proceed. At their last meeting, the Recreation and Parks Board did recommend that they proceed to forward the project .to the Council and move on it as quickly as they could with the funds available. Mr. Frederick informed the Council that they have $45,000 avail- able in this year's budget for the restroom facility. One thing Mr. Frederick discussed with City Manager Cheney and what they want to do is attempt to apply for Federal funds. There are two grant programs in the State: the State Recreation Assistance Program, which is a two to one matching program up to $200,000.00 primarily designed for water resource based parks, and this is a water resource based park. Another grant program which is avail- able is the Florida Boating Improvement Program. Mr. Frederick said the City did make some improvements on their ramps a few years ago with that program, and the percentages or chances of getting money through that program are also good. Mr. Frederick continued by saying those are two areas they want to explore. To do that, he said they have to do design work-and come up with costs because they have to have that information when you apply for grants. Councilman deLong thought it was a terrific improvement. He said the City has been watching that. First of all, City Manager Cheney wanted them to approve the plan on the bottom, which shows the City going to the Federal Highway. City Manager Cheney wanted the Council to approve in concept that plan. It did not mean the City was going to acquire that land right off now, but it approves - 35 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 D.t as the City's park plan for this area. He said it puts the world on notice that the City is interested in the land that faces on Federal Highway. Councilman deLong asked how they would get Morey's out of there. Mr. Frederick pointed out Morey's property~and the old motel building structure. City Manager Cheney advised the City will not get that property out of there if they do not begin to take some positive statements. That was the first thing. The second thing was if the Council still agreed that the restroom facility was still' the City's top priority, and~City Manager Cheney still thought it was, and if the Council agreed that the location there was proper, and City Manager Cheney thought it was, then City Manager Cheney said the City would proceed with deciding how they were,going to design the restroom facility, how big.it will be, and whether they will design that in house or not. City Manager Cheney called attention to the fact that the City is running out of capacity to do these things in house because the golf course, particularly, is taking a lot of effort. He said they would decide how they are going to do that and will come back to the Council with a recommendation.if they need money or their authorization to get it designed. ~City Manager Cheney also said they would also come back with a proposal to relocate the road through~%he park. He said it had t0 be mo~ed, to get it away f~om the beach, out of the way of the boat ramps, and the rest- rooms. .City Manager Cheney said some kind of temporary location of the road is also involved with the restroom project. As Mr. Frederick said, City Manager Cheney repeated that they have $45,000.00. Whether that was enough or not, City Manager Cheney did not know. He said they would come back to the Council in two or three meetings and let them know what they are thinking and lay out a procedure of how they are going to go about doing that. Ma~or_Trauger~said.~the motion should'."~contain the approval of ~he concept as depicted by. the diagrem. He said #2 is the design and location of the restroom facilities and the temporary relocation of the road. He asked if that was stating the action now required. City Manager Cheney replied, "Yes." Councilman deLong moved to proceed in accordance with City Manager Cheney's memo dated February 1, 1983, which takes in the whole thing. City Attorney Vance added, "including the concept of going to the Federal eventually if~possible.'' Vice Mayor Warnke seconded the motion. Councilman Wright asked where the City would be making application for funds to support this project. Mr. Frederick answered, "The Department of Natural Resources, Florida Recreation Develop- ment Assistance Program." He said that was the big one, where you match two to one up to $200,000.00. Councilman Wright thought if the City did not get it, somebody would, so the City should definitely ask for it. - 36 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 Councilman Wright noted that some citizens were concerned about the drainage problem 'there, walking in'all that mud trying to get to the area Where th~ dancing takes place. He asked what they plan to do with that_ Mr. Frederick indicated the area Council- man Wright was talking about and said there ms a big ditch that runs through there; there is no grass; that ms where all the cars are; and it is all low. Mr. Frederick advised all of that would be a part of the design under the reconstruction process to get our drainage proper so that does not occur. Mayor Trauger questioned the dancin talking about the cot A vote was taken on Review of Black Aware Samuel Lamar Wriqht g. Mr. Frederick said Councilman Wright was crete slab. ouncilman deLong's mOtion and carried 5-0. ness Day Budget - Requested by Councilman Councilman Wright jUs record. Councilman d Councilman Wright rep deLong determined tha Councilmember Woolley Councilman Wright for part of the record. and carried 5-0. NEW BUSINESS Impact of Adjustment Hospital if Boca Rato~ Area - Requested by M What brought this to City Council action, Raton withdraw from t which the Council knot h wanted to make sure it was a part of the eLong asked how much of an increase there was. lied that the City gave $2,000. Councilman t they were not increasing the City's amount. moved that the budget requested by Black Awareness Day be accepted.and made a rhe~motion was seconded by Councilman deLong >f Boynton Beach Tax Support for Bethesda is Allowed to be Removed from the Taxing ¥or Walter Mart¥ Trauqer zhe attention was that Boca Raton, thro.ugh nade a,~recommendation that the City of Boca ~e taxing district that was established rs as doing business as Bethesda Memorial Hospital. Mayor Trau~er said they also are putting this up to the ballot in March for t~e people's~ecision 'as to withdraw. If they withdraw from the taxing district, Mayor Trauger said that then shrinks the size of-t~e taxing district and throws the burden of taxation, as the district is presently constituted, upon the shoulders of 'Boynton Beach and of Delray Beach. Delr~y Beach has even started a slight rumble in this direction within the ~ last two weeks, Mayor Trauger told the Council. What Mayor Trauger was requesting was that the Council have the City staff measure the impact as to what this would be to the Boynton Beach tax roll if Boca Raton was withdrawn from this tax- ing district because the City needs this as ammunition to fight to keep Boca from withdrawing from the district. The second - 37 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 major part of this was that Mayor Trauger felt Bethesda Hospital has been like the little boy whistling throu~gh the woods, "There is no bad wolf around," and the bad wolf has crept up on him. Mayor Trauger believed with the tremendous amount of ~i~i. qe~t care Bethesda ms doing, (and it has the only maternity ward-mn the whole area) the hospital has done a rather poor. job of public relations of letting the people within this taxation distric{ really know what they have been doing, There are three members of the Bethesda Board that live in Boca Raton and as far as Mayor Trauger could tell from the record, they have raised little objection or inpUt as far as Boca Raton is concerned. Mayor Trauger was concerned for the taxpayers of Boynton Beach and the impact this would make on them. Mayor Trauger requested that the City staff, through the City Manager, make a study and' get with the hospital on this to measure what this will do for the City. City Manager Cheney informed Mayor Trauger that they have already done that. He stated that Craig Grabeel, Director of Special Projects, is work- ing on that. City Manager Cheney thought they were correct on this, that the impact of Boca Raton pulling out would increase Boynton Beach's taxes by 50%. Of the total assessed base for the hospital district of 8~.3 Billion Dollars, City Manager Cheney said Boca Raton had '2.7 Billion Dollars. For a point of information, Councilman deLong advised Mayor Trauger that City Manager Cheney said it would increase our taxes 50%. He said they were not talking about the ad valorem but the hospital taxes. Councilman deLong'wanted the public to know that because right away they would get.panicky. City Manager Cheney stated they were talking about the hospital and were talking about ad valorem taxes for the hospital. Councilman deLong reiterated that they were talking about the hospital's taxes being increased, not the people's taxes. City Manager Cheney was talking about the people's share of the hospital taxes. City Manager Cheney explained that his tax bill that he pays, they pay, and everybody else pays for the. share of the hospital will go up 50%, so the people's taxes that they pay to the hospital will go up 50% of the hospital bill. It is not many dollars, but City Manager Cheney pointed out that Boca Raton does not save many dollars per household by getting out. Councilman deLong asked, "What about this statement that the hospital gave that they are going to get out of the taxing district? He asked if that "holds any water." Mayor Trauger answered, "That is .a part of conjecture. The thing in front of us is the taxing district's impact that has not been eliminated. That is the very - 38 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 point of getting a defense against Boca Raton to protect our ad valorem portion of the Bethesda taxes.~,, Regardless of what Mayor Trauger was doing, Councilman deLong advised it 'Would be up to the State Legislature If Mayor Trauger~was ~alking about sending Resolutions to the delegation from.Palm Beach County, Councilman deLong said that was something different. Mayor Trauger said he asked the staff for the~best procedure they could do to follow this to protect the City. City Manager CheneY did not know the best procedure at the moment because he gathered the hospital is preparing for a. major presentation to the dele- gation at the delegation's total joint meeting on February 22nd to be held at Palm Beach Junior College. They have not decided exactly the nature of their presentation. City Manager Cheney said what kind of ResolUtion the Council passes in another meeting or two, he did not know. He did not know either how much indigent care they .have for people in this area or for people in the Boca area. City Manager Cheney said that inform%tion, Mayor Trauger suggested, is not always easy to come by. Hopefully, as the weeks go on, City Manager Cheney said they would get them that information. Hopefully, by the next Council meeting, City Manager Cheney ~aid they could draft some kind of a Resolution that does not just say to the delegation, "Don't let Boca out," but it says some reasons, either philosophical or factual. City Manager Cheney said they may be philosophical as to why Boca Raton should not be allowed out but, at the same time, it is interesting to note that because'of the Medicaid situation and S~. Mary's hospital, there appears to be some movement toward a Countywide hospital tax to take care of qhose who cannot afford to pay. Whether or not that gets into the letter sent to the delegation a~dwhether or not that is a part of a package for total indigent care in Palm Beach County; ,or whether that is "us ~lc~m~ care, City Manager Cheney did not know ~ ~ ....... ~_ t ~l~y nad to watch it f th - ~ ~uug~ ~ne 2 ~- ..... ,~ or e next two weeks and see what ~ ~so±ut~on they could put together. - ...... Mayor Trauger passed the gavel to Vice Mayor Warnke and moved that the City staff pursue with Bethesda Hospital the position and from the taxing district so that the City of Boynton Beach can Prepare the best possible defense, either by submitting initial information to the legislative delegation, by Resolution, or whatever staff proposes the City does to upset this. Councilman deLong seconded the motion. Councilman Wright added that he thought they would be having a few more meetings in the County or around the County and once th~ City gets its facts together, it would be good if they could get some recommendations from the City to appear before them. A vote was taken on the motion, and the motion carried 5-0. - 39 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 Consider Support for a County Wide Uniform Election Date Vice Mayor Warnke handed the gavel back to Mayor Trauger. Mayor Trauger said the next item was a directive %hey received from Jackie Winchester, Supervisor of Elections, trying to make the Municipal Elections of all of the Cities within the County on the second Tuesday in March. Councilman deLong moved to approve the uniform election date as proposed by Jackie Winchester, Supervisor of instruct the City Manager and-the Ci%yAt%orney to ~ Elections. The motion was Seconded b~ Coun~'llm~ Vice Mayor Warnke asked City Attorney Vance if take a C~arter change. City Attorney Vance repl We would have to do an amendment. However, prae ing, if it were a Countywide approach, the legis could probably be persuaded to pass a Bill that of the municipalities and avoid our having an el this is probably about the llth time I've seen t in the last 12 or 13 years. We invariably have municipalities that don't like the idea." City agreed that it was a good idea. On the part of the County, Mayor Trauger asked if it would not take a lot more voting machines and equipment~ ~e pointed out that they have enough problems with the computer trying to get election returns now. City Manager Cheney advised that the Supervisor of Elections has enough voting machines because she has to do the whole County on a national countywide election anyway. Vice Mayor Warnke asked if the motion indicated the l~egal~ ~amnifications. The answer was yes. ctions, and to o notify said Supervisor of mber Woolley. his would not led, "Yes sir. tical'ly speak- lative delegation would affect all ection. However, his effort made a number of Attorney Vance Councilman deLong pointed out that they started out years ago trying to get this systemized, and he thought they made a lot of progress so far. It'was Councilmember Woolley's understanding that there are still two muncipalities in the County that are planning to hold out on this and do not want to go along with it and will not go along with it. Palm Beach is one of them. They do not want to be told when they have to schedule their elections, so'they are proposing to go against it. A vote was taken on the motion, and the motion carried 5-0. Board Resiqnation City Manager Cheney read the following letter, dated January 31, 1983, addressed to the Councilmembers, from Nick Cassandra: "Since I amah active candidate in the upcc~ming election it is my desire that I donot create a conflict of interest withmy duties as a board member. Therefore, it iswith regret that I - 40- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 tender my resignation from the Board of Adjustment effective February 14, 1983. I would like to thank the council members for allowing me to serve the City of Boynton Beach and hope that I will still be able to do ~o in the future." Councilman deLong moved to accept the letter and to send the usual letter of thanks to Mr. Cassandra. Councilmember Woolley seconded the motion, and the motion carried 5-0. City Manager Cheney asked the Councit if they wanted to replace the M-embe~ £rom~the Board of Adjustment now. He.did not put~ it on the Agenda. Members of the Council 'replied, "No." City Clerk Appointment City Manager Cheney read a Memorandum addressed to the Honorable Mayor and City Council from him, dated February 1, 1983, which is attached hereto and made a part hereof. .City Manager Cheney added that this leaves exactly'the same number of positions in the department. The peoPle in this department will still be there. They are not adding positions; they are simply reassigning it so that Mrs. Boroni will have aneasier way of carrying out. In general, City Manager Cheney thought it was a more simple~ way if you are going to have a Deputy and you need a Deputy, to have someone always there. It makes sense to have two'Deputies~and, not one'=Deputy, Mayor Trauger thought this was a veuy good piece of planning in the area and was quite sure that the'City Council is quite pleased to accept Mrs. Betty Boroni to this position and the establish- ment of the Deputy Clerks. Councilman deLong congratulated City Manager Cheney for his selection. Insofar as putting two Deputy Clerks in there, Council- man deLong thought it was long overdue. As he said on many occasions, the hub of activity in every city, whether large or small, is the City Clerk's office; and Councilman deLong expressed that he was impressed with the way it has been carried out here. On many occasions, Councilman deLong pointed out, the people in that department, especially the City Clerk and the Deputy Clerk, are overburdened with duties. He thought it was a step in the right direction and long overdue. Councilman deLong moved to accept the recommendation of the City Manager as:to the appointment of Betty Boroni-as the City Clerk and with the establishment ~f the two positions of Deputy Clerk. ~ice Mayor Warn'ke seconded the motion. Councilman Wright was gt~d to see the recommendation of the City Manager Cheney to appoint Betty Boroni. He'thought she would serve the City very well. He questioned what the total complement in - 41 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 that particular office would be. City Manager Cheney replied that it would be the same. They are not increasing or decreasing people. He said they would have the same number of people. A vote was taken on the motion, and the motion carried 5-0. ADMINISTRATIVE Response to Administrative Matters addressed by Mayor Walter Marty Trauqer on January 18, 1983 Mayor Trauger told everyone these are responses that were made to his comments to the City Manager for projects at the last City Council Meeting. He said the American Legion Land Swap should be crossed off the list, as they hoped tha% was underway; and the Pistol Range for the Fraternal Order of Police was started tonight. .Plaques City Manager Cheney reported that the building plaques were ordered in October, when the Council last discussed them. Subse- quent to that, they ordered plaques for the fire trucks in November. City Manager Cheney said the building plaques.are expected to be shipped on February 2nd, and the Fire Department p%~aques are expected to be received in the next two or three weeks (City Manager Cheney asked that the Council not hold him to that, as they are on order, but they were ordered, back in October or November.) Mayor Trauger asked if City Manager Cheney thought the City would have them faster than by the end of March. City Manager Cheney answered that they are scheduled to be shipped, and the City should have them. He noted they are bronze and guessed that they will take more time. Garbaqe Collection City Manager Cheney informed the Council that the'.'City selected February 28th to begin the combined garbage collection program, which is a Monday. Casa Loma City Manager Cheney continued by saying they have been doing work on the Casa Loma area and had some engineering problems down there. He said the rough water that we had in the Intracoastal several months ago had caused some sinking problems in the plat- form area of Casa Loma. They had some discussions as to whether those pilings need to be replaced or not. City Manager Cheney said the pilings are getting barnacled, and some people think they should be replaced. Mayor Trauger determinedhe was talking about the one at the end of the Two Georges. City Manager Cheney clarified that it was the section straight at the end of the road. - 42 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 City Manager Cheney stated those were the pilings he was talking about, and it is that deck which has been sinking. He said it does not appear to be dangerous. They had an engineer look underneath there, and it looks like the sand bags that those are built on have just moved around~ad shuffled, but the concrete slab has gone down. City Manager Cheney said the City is still having engineers look at that and' look at, particularly, whether they need to replace those pilings or nOt. Mayor Trauger noted there were about 100 people on it Sunday. That should have pushed it down, if anything. City Manager Cheney told the Council that the City had the engineers look at it right off, when it sunk, because he was afraid. Otherwise, they would have tied it off. City Manager Cheney commented that it looks dangerous but it is not. He said it was the pilings they were concerned about. Any- way, City Manager Cheney said that is being designed by the engineers, and they would have something some time. Mayor Trauger asked City Manager Cheney if he had any idea of approxi- mately when. City Manager Cheney answered that it depends on developments. He explained that the City does not have a large engineering staff, and it depends on development proposals, the golf course, and the routine things that the engineer is doing. City Manager Cheney said they have money for that and he would like to see it done7 it is such a beautiful spot. He expressed that it is one of the few places that we have where you can get near the Intracoastal. Mayor Trauger was hoping they could do this during the tourist season. That was why they put it in the budget. Councilmember Woolley asked who put up the chain link fence on the north side of the property in question. City Manager Cheney said that is the Sea Mist. The whole property there is Sea Mist Marina. He told Councilmember Woolley it was all the way along the north side of Casa Loma Boulevard. Councflmember Woolley said it was the one that connects all the way out to the dock. Technically, she said you are not supposed to cross over, but the kids hang on the side of it. City Manager Cheney was sure they also will have the Sea Mist Marina cleared up. He added that they have had to remind George that the City's area is a public area and his area is a private area and to keep his tables on his side. Jaycee Park City Manager Cheney said Jaycee Park is one of those areas they have talked about. He said they want sometime to do a plan for Jaycee Park and do have permission to put entrance signs on Jaycee Park. With the proper preparatIon of a plan for the use of Jaycee Park, City Manager Cheney said the City can probably develop it sometime. He said that was one of those projects that has not been planned. Mayor Trauger asked if they could put that - 43 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 on the Agenda for the 1985-1986 Council. City Manager Cheney said that would depend on how many other projects %hey.have, how they schedule them, and what their priorities are. What Councilman deLong thought they should do about Jaycee Park was to send another letter and let them know that the City is still concerned with them deeding their property to the City. They had an article in the paper about a year ago and one that was considered for being turned over to a municipality was Jaycee Park. Councilman deLong heard no more from it, and he thought it was because it had not been followed up. City Manager Cheney advised that the City has followed up on that. He said the only way they can get that turned over to the City, and they probably can't even then, is if the City had a substitute area for spoil to be loaded. In the meantime, City Manager Cheney said the City can probably get to use the park at the risk of having to clear the spoil off some time, but the City needs to prepare a plan as to how we are going to use it. City Manager Cheney did not think the City was ever going to get it deeded to us. He repeated that the City has followed up on it and have had many conversations with them about this. Councilman deLong recalled they had the same thing in Boca Raton. He thought they had something like 45 acres. What they did with their spoil was run their pipe lines over to the ocean as an accommodation. As far as the spoil area is concerned now, Council- man deLong said they are not dredging, and he did not know whether they would ever dredge again, but the fact remains that when they had the spoil areas and they used to fill them up, then they used to put these parcels of land on the public auction block for the highest bidder, and they got caught with a little manipulation about 18 years ago, and they changed the system. Councilman deLong said every one of these spoil areas is supposed to go to the State as the first call, County as the second call, and then to the confines of the municipality as the third call. Councilman deLong said the State and the County generally step aside for the municipality. Councilman deLong suggested that the City send another letter and tell them the City was still concerned with having them deed the property to the City. Mayor Trauger pointed out that they did say the City could use the land. Councilman deLong said they should deed the land. He did not think it was advisable not to let them know that the City was interested. City Manager Cheney interjected that the Colonel knows the City is interested. What Mayor Trauger was trying to do was to get the development and-use of the park. Councilman deLong said they could still get it. That was not going to stop the development and use of it. The thing is, the City still wants to remind them that the City wants possession of it in order that the City can develop it to its own desire. That was what Mayor Trauger was trying to do. - 44 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 He said the City could write again to get the total deed to the thing but, basically, he was trying to get the park. Mayor Trauger said the City has the use of the park. He was trying to get the park so they could now have the park developed. Suppose the City got the thing on ownership and they had the use, Mayor Trauger asked what could they do to develop the park under the current circumstances. Councilman deLong replied that you cannot do anything with the east end of it unless you put a sea- wall in, and that is a pretty expensive project. Councilman deLong Would not advise that the Taxpayers go to that expanse unless they have the property deeded to them. Mayor Trauger would not put the seawall up either and asked, "But what can we use the land for? There it sits. Can't we improve it?" Councilman deLong said that is nothing but crab land because if you start filling it in there, it is going to all wash out because there is no sea- wall in there. He advised that he knows because he sees it three times a day. Mayor Trauger determined they should scratch it from the City project except asking for the land. Girl Scout Park City Manager Cheney commented thai'this had a continuing series with le'tters between the City and Commissioner~_Greg0rY and now with Commissioner Wilkins. He had one phone conversation with Commissioner Wilkins about the Girt Scout Park. He said they need to have some more discussions~with Commissioner Witkins on that, so that has not been in any way a lingering project. It has been a project that %hey had a difficult t~me getting %he-kind of response they~wanted from the County Commissioners. Mayor Trauger asked if they could not make telephone calls to follow up on the letters. He said they could all call Commissioner Dorothy Wilkins and see what happens. Vice Mayor Warnke said they would be seeing her in~Tall~hassee too. City Manager Cheney said he should have some more conversations with Commissioner Wilkins. He said there were a variety of complications involved with relationships with the County and with that. Girl Scout Park they need to talk about. Mayor Trauger told City Manager Cheney to go ahead and he did not want to upset his "apple cart." Councilman Wright asked if they were going to: leave that to City Manager Cheney for the time being. Mayor Trauger remarked that the next Council will inherit that. City Manager Cheney hoped to have something sooner than that. He thought they may have some things to discuss,earlier than that. Chamber of Commerce From the Chamber of Commerce, Mayor Trauger wanted a digest or summary periodically as to what their Board and they are doing. City Manager Cheney said he would take steps to be sure Mayor Trauger had that with their January report and have it on a regular basis from now on. Vice Mayor Warnke recalled they asked - 45 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 for that last year. Cemetery Funds Mayor Trauger recalled one was the mmpounding of the cemetery funds so those funds stay in a t~nst~perpetual~fQri~the-cemetery. believed the City Attorney was drawing up a form of Trust Deed or for a part of the City's Ordinances that would establish that. City Manager Cheney had a report from the City Attorney which he said he would finish up and give to the Council. Mayor Trauger wished that to be on the Agenda for the next Council Meeting. City Manager Cheney said he would have it. Mayor Trauger asked if they could first get i% through the Cemetery Board. City Manager Cheney replied, "Not before the next meeting. They meet the 4th T~uesday.'' Mayor Trauger asked if they could call a special meet- ing of the Cemetery Board to get this considered because it is their proposal. City Manager Cheney said they could ask the Cemetery Board to call a special meeting. Try to get it on the next City Council Meeting for the City Council, Mayor Trauger urged. He asked the Council if this was agreeable and said they did not need a motion on it. He N. E. 3rd Court Mayor Trauger stated that this was the problem that they have had for over a year. City.Manager Cheney informed him they have had that problem for three or four years. He Said they have some complicated legal situations that they have been spending a lot of time addressing, city Attorney Vance remarked that he could say it is pretty well on its way to being resolved. Mayor Trauger questioned what has to be done. City Attorney Vance believed he had to get an appropriate quit-claim deed executed by the condo- minium association. Mayor Trauger asked if the City could present one to them to get that done. City Attorney Vance hoped to be able to do that in the next week or so. Mayor Trauger asked that they try to schedule that for the next City Council agenda. City Attorney Vance did not quite know what their scheduling would be. If he gets his document signed, it will be on the next Agenda. Cemetery Board Councilman deLong knew.~ that Mrs. Tereesa Padgett, City Clerk, was desirous of continuing her activities on the Cemetery Board, and she has been a lifelong member so far. City Manager Cheney said there was a vacancy~hich was created by the death of Bertha Chadwell. Councilman deLong nominated Tereesa Padgett to the Cemetery Board, seconded by Councilman Wright. As there were no other nominations, Councilman deLong moved that the nominations be closed, seconded by Councilmember Woolley. No discussion. Motion carried 5-0. - 46 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 Mayori,~rauger said he would like to get the Resolution through on impounding the funds through before the next City Council Meeting~ with reference to the Cemetery Board. Fire Marshall Mayor Trauger recalled there was a 5-0 vote of the City Council to retain the position of the Fire Marshall in that proposal. He did not see it in there and asked if there was a plan for that. City Manager Cheney advised the vote was to maintain the Fire Marshall in our complement of personnel. He stated that has been retained. That whole issue is still in the process of study to see what the City is going to do about it. Mayor Trauger did not quite see where the Fire Marshall's position was in that study. City Manager Cheney said he still may come back and attempt to convince the Council that they should have something different or a different title. That is a part of what they are reviewing and studying now. Councilman deLong felt that was going counterclockwise to the wishes of the Council. City Manager Cheney hoped he would have the chance to make some additional recommendations to the Council and that they might be open minded and listen to him. Councilman deLong said the fact remained that they are going month after month after month without filling that Fire Marshall's position and there is no necessity. City Manager stated he would suggest there is some reason to do it, Councilman deLong s~ggested that City Manager Cheney follow the instructions of the City Council and fill the position. Councilman Wright asked how they would advertise it. Mayor Trauger said the point of i.t is they have a proposal;'it is going to.the Fire Department; it is changing a part of the Fire Department's reorganization. He said the point here is in that reorganization, will a position of one of the authorities or the battalions the way they are listed be designated as the Fire Marshall. Mayor Trauger pointed out that point has not been addressed yet. City Manager Cheney emphasized that the Fire Marshall's position had not - been eliminated. He said it was addressed in that memorandum that he wrote. Councilman deLong told City Manager Cheney he eliminated the fact. City Manager Cheney disagreed, saying the title was there because this City Council put the title there. He reiterated that he has not eliminated the title. City Manager Cheney said he has addressed in that memorandum some issues and articles of fire inspections. That memorandum does not suggest the elimination of Fire Marshall. Frankly, City Manager Cheney thought the title, "Fire Marshall", was a very bad title. He advised a similar position in charge of inspections and the Fire Marshall kind of thing makes sense. City Manager Cheney thought in tradition, the City had Fire Marshalls and they caused a lot of problems with that title. -_~? .... - 47 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 City Manager Cheney said he had not, at this point, eliminated that position in there. He said he has addressed the issue of inspections, fire prevention, how to get more inspections, and how to create some more activity in that whole position. City Manager Cheney emphasized that he has not eliminated that position because he cannot eliminate it. Councilman deLong stated they know,who eliminates positions. The City Manager has no power to eliminate positions. Councilman deLong advised that the Council (the governing body) create and eliminate. Once you create, you have the power to undo or eliminate. Councilman deLong said the fact remains that nowhere in this report City ManagerlCheney has uncovered ~ith'the "b~ass" in the Fire Department does he ever see the Fire Marshall stand- ing out as a position or a classification per se. This was the thing Councilman deLong was a little disturbed about. Councilman deLong reiterated that the Council is the governing body. IT they say they are going to have the classification of Fire Marshall, then they are going to have a Fire Marshall. He said the City Manager is the Administrator and is not a member of the governing body. Therefore, City Manager Cheney pointed out, he had not eliminated the Fire Marshall because he could not do it. Mayor Trauger did not know whether they covered in in the report or not. All he was asking was if the position of Fire Marshall, because it was favored to be returned by a 5-0 vote of the City Council, be in this negotiation the City is doing with the Fire Department. City Manager Cheney advised that he is not negotiating with the Fire Department. Mayor Trauger answered that City Manager Cheney is having discussions with members of the organization. If Councilman Wright was not mistaken, they were to have a meet- ing that Mayor Trauger wanted, to discuss whether they should support the bridge remaining on Ocean Avenue or 2nd Avenue. At the Meeting~which has been set for the 17th of FebrUary, City- Manager Cheney.said the Council .has to decide. He thought'the original understanding was that that meeting was going to discuss the question of the western limits. Councilman Wright did not know where they would go with "this Fire Marshall deal." Councilmember Woolley informed him that it was on the table. Mayor Trauger acknowledged that they tabled the action but he wanted to make sure that it was in the report. He noted City Manager Cheney said it is. The thing Councilman deLong was concerned about was that over a year ago, they instructed City Manager Cheney to get that outsider (the fellow that they did not hold an examination for promotion in the department on), as Executive Officer, or some other title, - 48 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1~ 1983 to start training the people in the Fire Department~ Councilman deLong's understanding was that today he has not trained anyone. Councilman Wright as} meeting on the Fire maybe the Council co~ tion of what City Mar man Wright thought pc man d~eLong said it w~ but the Council alre~ that disturbed him. ~ed why they-just did not have a special ~epartment and what is going on. He thOught ~ld get a better understanding and apprecia- .ager Cheney wants to recommend. Council- rhaps there were some new trends. Council- s alright to have the City Manager recommend .dy gave the City Manager instructions, and Police Department Clerical Positions Mayor Trauger thought he had all of the items covered with the exception of the promotions of Anne smith and Marion Di Pasquale in the Police Department. If Council remembered, Mayor Trauger recalled they said that two of the Secretaries in the Police Department were inadvertently overlooked at budget time. and they have mentioned them several times but to no avail. He stated that City Manager Cheney's memorandum of February 1, 1983 was the reply and the study of the clerical positions. Mayor Trauger noted that the night positions that were Grade 18 were in step I, and the Secretary positions were also in step I. City Manager Cheney made one correction. He advised they start out their first year in step I They proceed up after that. As Councilman deLong understood it, these people were promised that they were going to be moved ahead and that they were going to be included in the last budget, He made it a point to make inquiry into this, and he found out (and the Police Chief had told Councilman deLong and also Mayor Trauger) that inadvertently the Police Chief had neglected to make his intentions or requests of the advancements known. Councilman deLong did not see any reason why these two people have to wait for the next budget session. If an injury was done to them, Councilman deLong thought it should be rectified. Councilman deLong did not see why they needed "all this stuff". He said they did not need all "this stuff" when they were going to make a promotion for an advancement or to make a wage adjust- ment for the City Treasurer. Councilman deLong said they did not need a "lot of stuff" here', and it was as simple as that. Here are two people who were promised an advancement; the City department head inadvertently neglected to inctudei%inhis budget, and now these two people have to hang around for another year before they are going to get any increase. He said it was not playing fair. Mayor Trauger passed the gavel to Vice Mayor Warnke and recommended that the City Manager promote Anne Smith and Marion - 49 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 Di Pasquale, barring any legal procedure, by the end of this week and continue to study the other positions in the Police Department as outlined in the memorandum of February 1, 1983. Mayor Trauger made his recommendatiOn a motion, which was seconded by Councilman deLong. Councilman Wr~.ght determined that one young lady ms a Clerk III and asked about Anne Smith. City Manager Cheney replied that she is a Secretary I. He asked if the Council would like to choose what positions they should be appointed to. Councilman Wright noted that it said they did not receive any mncrease at all in the last year. He asked if that was what they were saying. That was the way Councilmember Woolley read it. She noted Councilman deLong said these people were inadvertently overlooked and asked, "Are these the only two people that did not get any increments or advancements or an increase?" As Mayor Trauger understood it, these were for grade promotions. Councilman deLong did not think there were any increments for these positions. City Manager Cheney informed the Council that every employee in the City gets an annual increase every year if they meet their job classification, and they got it. He said they get their steps every year. City Manager Cheney did not know if the Council wanted him to speak on this issue or not, but he considered it an extremely important issue. He did not know where these people were over- looked or where they'were promised. City'Manager Cheney said no- body can promise an employee an increase or promotion because none of those things are done until they come to the City Council. City Manager~ Cheney did not know what is going on when a lot of other people seem to know what the Police Chief has recommended. He said, '!OUr procedure in %his'City, .whether I (City Manager Cheney) am the Administrator or someone 'in the City Council, or what have yo~ feels that you use that policy; and I do administer; and I administer the Civil Service Rules and Regulations, and we have a procedure. One of the very important things about the government is to be sure personnel is handled with a procedure and handled properly." City Manager Cheney emphasized that you do not just pick two people out with some reason'and say, without any consideration of the other people in that category or that group, and say, "We prommse you." He called attention to the fact that the City has many supervisors who would like to see their people promoted and they may well say to their people, "t will try to get you a promotion," but City Manager Cheney said that does not mean a thing; and that 'ms not the way to do it. City Manager Cheney admitted they did do it in the Finance Department. He said they did a personnel analysis of every person in the Finance Department and asked for a detailed analysis of the job and agreed there should be some changes made. - 50 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 City Manager Cheney continued by saying they did not forget the Police Department this year because they did reclassify the Sergeants.~and Lieutenants because they ~.~f~lt it was an appropriate thing. He did not know who promised people, but if somebody in this City promises employees they are going to get p~omoted, City Manager Cheney said the City might~as well throw out the whole Civil Service system. City Manager Cheney said it last week and said he would say it again, "You cannot take two people out of a classification and just take one, a Secretary, and one a Clerk and say, 'Well, you two are going to get promoted~' and ~not take a look at all the other' people in those classifications." City Manager Cheney did not think you could do that. He thought the City would have more problems if they do that. City Manager Cheney did not think any recommendation had come to him that these two people should be promoted. He said if they wanted to have recommendations for promotion by-pass the City Manager, then sobei%, but no one has recommended to him that they be promoted except the City Council. City Manager Cheney said if that was the way they wanted to do b~slness, fine, but he did not think it was the way to do it. Councilman deLong noted the Chief of Police was present and said, "Let him come up here and .take the mike and tell us whether or not these people were promised ~ advancement and whether it was inadvertent that he didn't include them in the budget." City Manager Cheney informed the Council that his instructions from the Council thiS week were to investigate this issue. He investigated the issue and gave the Council a report. City Manager Cheney called attention to the fact that he obviously gave that report after talking to the Personnel Director and the Police Chief because he does not~.take the personnel's decisions and recommendations, in the absence of advice, recommendations and consideratmon. City Manager Cheney stated that he does not always agree with the Police Chief or any other department head, and he does not always agree with the Personnel Director. He obviously takes into consideration their recommendations and obviously discussed this. City Manager Cheney said if the Council wanted to talk to the Police Chief, he was there to talk to. Mayor Trauger did not think that was necessary The only point he was making was that the Council had mentioned this subject about three times - to be exa~c~4, according to the record. City Manager Cheney thought the ~-~e'c~nd time was at the City Council Meeting. Mayor Trauger agreed that the-second time was at the City Council Meeting and twice (once to Personnel and once to City Manager Cheney) on this, and they have had no action such as the report until tonight. To straighten~it out, Mayor Trauger said his motion was to pro- mote these two and then proceed to examine the rest of the - 51- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 positions. Councilman Wright stated he would like to see an analysis of all of the increases in the Police Department and see whether it just happened and when they were given increases, so the Council could see in one picture of the overall department who had been neglected and for what reasons. He though% the Council needed %o take a look at that organization with the staff and maybe go back to last year and see who has received increases. The point Councilman deLong was making was why they should wait until the next budget. He urged, ~Do it now." Under discussion, Vice Mayor Warnke said this came up several meetings ago. He stated his view at that time, and he'thought would state it again. Although Vice Mayor. Warnke sympathized ~ith these people's position, he thought it was an internal problem with the Police Department's personnel and the City Manager, and he did not think the City Council should get involved in this ~type of thing in any manner. Even though he .sympathized with them, that was Vice Mayor Warnke's opinion. Councilman deLong commented that when anybody feels as though an injustice has been committed, it is all right to say the personnel and this kind of stuff but "the buck stops right here~" He said there is not one department in this City that operates independent and free of the authority of the City Council. The only things that you have in the City that are separated from the City Council are the quasi judicial Boards. In the event the Council does not agree with their decisions, they have the right to go to a court of proper jurisdiction. Insofar as the operations of a department in the City is concerned, Councilman~deLong stated that they are definitely under the control of the City Council. Councilmember Woolley asked if there was not another procedure they could follow if they feel a grievance. Vice Mayor Warnke~ believed they could go through a Civil Service Board hearing for a grievance. He asked what basis they would have except promises. They would not have a grievance. Councilman deLong reiterated that he felt there has been an in3ustice and somewhere along the line, somebody has not lived up to a commitment. He asked why they have to wait until budget time to straighten it out. Councilman deLong thought it was as important to those people who are concerned with it as what it would be %o any fair minded individual. He said why not let the City Manager take it over and see what he can resolve in the mean- ime. If he can resolve it at bUdget time, Counciiman deLong ~a ked, "Why can't he resolve it before budget time?" ~ilman Wright was not in agreement of waiting until the next time but said he would like to see this laid out in terms - 52 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 of the increments and how everybody has gotten their increases. City Manager Cheney repeated that everybody ~gets an increment,every year if they perform well. No one said not to have an increment. Councilman deLong said they were getting mixed up with an increment or an increase and the promise of an advance. City Manager Cheney questioned, "Who promised them? You find out who is making these promises. The .other employees ~would like to know who makes these promises so they can all benefit." Councilmember Woolley noted they are verbal promises. City Manager Cheney referred to an employee in the Building Department whose department head thinks that he should have gotten an increase last year and there should have been a re- classification. City Manager Cheney did not agree and said the department head might just as well have-come here and ask the CoUncil to do it. He said he has an employee in the Building Department that is very unhappy that he (City Manager Cheney) does not agree that he ought to have his grade increased. City Manager Cheney said Bud Howell, Building Official, and he dis- agreed. That was part of Mr..' Howell's recommendation in the budget. Councilman deLong told City Manager Cheney he is the Administrator and has a copy of.the letter that this person forwarded to her superior. Councilman deLong got the letter because it was put in his mail box, and it concerned him because he represents every- body, not' only the voters, but he represents the employees. City Manager Cheney remarked that was a good way to get promotions. City Manager Cheney pointed out that the employee that wrote the letter did not make a recommendation for a promotion; she made a recommendation for a study; she said the current division needs to be reviewed; and City Manager Cheney was telling the Council he agreed. He said she made that recommendation after the budget was adopted. Councilman deLOng said she wanted to know why she was not advanced also. She never talked to City Manager Cheney, and he did not know if she talked to the Personnel Director or not. If you are going to have a system, you have to have it through the City Manager, City Manager Cheney advised. Councilman deLong had the letter in his mail box. He operates with his colleagues on the Council. He does not run to the City Manager with things. He said the Council Members were the people he was serving with. Councilman deLong told City Manager Cheney~ "You've got your crew. You take care of your-business that way. I have my crew, and I take care of my business this way; and that's the way it's supposed to operate." City Manager Cheney advised that it is not supposed to operate that City employees go to the City Council. Councilman deLong said City Manager Cheney could not accuse that employee of coming - 53- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 to the City Council because that letter was put into his mail. Councilmember Woolley asked City Attorney Vance if the Council was getting out of line to consider something like this and if it was something that should be out of the Council's hands. City Attorney Vance replied that the Council has adopted a Civil Service procedure in the City which outlines steps, grades, and promotion procedures. Within that procedure, Attorney Vance said this zs presented to the Council each year to establish Policy levels regarding positions rather than individuals. In other words, the Council will say there will be three Clerks or two Secretaries, but they do not, in their capacity, say Joe JOnes.,or Ivan Smith will fill those positions. Mayor Trauger asked, "Does not the City Council have the authority to direct the promotions of. these two people if it sees fit? Doesn't it say that the City Council and the Mayor supervises or directs the Police and the Fire Departments in the Charter?" City Manager Cheney interjected, "Then take-over the Police and Fire Departments and direct them." He did not think the Charter said that and told the Council whoever is going to direct the Police and Fire Departments and be responsible for it should not be cut out of the line of promotion and personnel decisions. The point Councilman deLong was trying to make was.that if there was anywhere the Council felt an injustice has been committed, this body has the authority to follow it through and if this body feels as though they' do not want to accept the recommendation that they wait until next February to do it and this body instructs City Manager Cheney to do it as soon as he possibly can, that is an order for him to carry out the will of the Council. citY Manager Cheney said that was a different order than instructing him'to make a promotion. City Attorney Vance said he had been asked a specific question by a Member of Council. He said Section 49 of the City Charter states: "(b) Supervision by City Manaqer. Each department, office and agency under the direction and supervision of the City Manager. shall be administered by an officer appointed by ~nd s~bject to the ~ direction and supervision of the City 'Manager. With the consent of Council, the City Manager may serve at the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them or may combine the functions of any officers specified in this charter which may be appointed by (c) Interference with administration. Except for the purpose of making formal investigations into the affairs of the City and the conduct of any city department, office or agency, the City Council or its members shall deal with city officers and employees who are - 54 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 subject to the direction and supervision of the City Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately." Mayor Trauger asked if that said the Council could not direct the City Manager to do that or what. City Attorney Vance answered that it gets to be '~an awfully close question." He said they could direct the City Manager without question or doubt to establish a position but to direct him to promote named indivi- dual employees within the Civil Service category gets to be a little bit "hairy" Councilman deLong did not want to use the word "investigation", and that was why he wanted the City Manage~'to conduct this study not at budget time. He said if he can do it at budget time, he can do it now; it is overdue; this study should have been made long' ago, according to his own report here. City Attorney Vance advised that the City Council can investigate. That is what Councilman deLong wanted, and he said"he knew that, but he did not want to use the word "investigation" Insofar as Mayor Trauger's motion was concerned, Councilman deLong thought he knew as much about the Civil Service as the City Manager or the Personnel Director because he has been mixed up in this thing long enough; he has been a Shop Steward under Civil Service, an Executive on a County Civil Service Staff~ so he knew What he talked of. Councilman deLong said he seconded Mayor Trauger's motion so they could discuss it~ As far as he was Personnally concerned, he would not use the word 'study" Councilman deLong wan%ed the City Manager to conduct an investi- gation of this whole situation, ~find out from the girls who was the one who made them the promise that they were going to be taken care of in this budget, and ~get this thing cleaned up. Councilman Wright thought that may be a good way to find out why this thing ms surfaCing. Councilmember Woolley thought that was different than Mayor Trauger's motion. Councilman deLong asked Mayor Trauger if he would withdraw his motion. He said he would withdraw the second. Mayor Trauger withdrew his motion and Councilman deLong withdrew his second. Councilman deLong moved that City Manager Cheney not wait until budget time but as soon as reasonably possible, give the Council a detailed report as to why these two girls are caught in the jaws of what he considered a swindle. Councilman Wright wanted to see how they compare with some other ones too. V~ce Mayor ~Warnke seconded the motion. Mayor Trauger asked the Recording Secretary to repeat the motion. Patricia Ramseyer, Recording Secretary, reported that Councilman - 55 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 deLong moved that the Council instruct City Manager Cheney to conduct an investigation and find out who was the one that made the girls the promise and get the thing cleared up. Mayor Trauger asked if "who made the promise"'~was the key. Councilman deLong replied, "That's right, and also the department head that is involved, because he told me personal-ly the promotions were due but inadvertently he didn't put them into the budget." Council- member Woolley asked Councilman deLong to clarify what he meant by "and.~this matter cleared up." Councilman deLong replied that he wants to find out who is the one who is making these promises. Are the people entitled to this advancement? If they are, why are they not being accommo- dated? That was what Councilman deLong wanted cleared up. Mayor Trauger asked if the Council understood what they were voting on. A vote was taken on the motion and the motion carried 4-1, with Councilmember Woolley voting against the motion. While they were on the subject to the Police Department, Council- man Wright reported that he heard the Police Chief give some interestIng comments in terms of the declined rate of some of the burglaries and that kind of thing in the City. Councilman Wright wanted toe,ave a report from'him to ~he City Manager so they have an update of what is what. Mayor Trauger repeated that they have a request that the report that the Police Chief gave to the American Legion the other night be assembled and presented in a form for the understanding of the City Council. As there was no objection from the Council, Mayor Trauger requested City Manager Cheney to obtain that report from the Police Chief. Mayor Trauger said that cleared up the items he had on his report. He said he was trying to clear up, before this City Council terminates, all of these loose hanging ends to the maximum possibility. City 'Manager Cheney 'commented that he could list another 20 or 25 pending projects. He said they will always have pending projects, and there were a whole bunch of items on the Agenda that look like they are very simple but have taken a long time. City Manager Cheney guessed that he was a little defensive tonight but stated that the listing of all of these things that do not get done s~ggests to the staff that nothing gets done, and there is no comment to the staff of the thmngs that do get done on a regular basis just because they get done. City Manager Cheney reiterated that the staff works very hard and carries out many projects. Sometimes the first of priorities may not be exactly the City Council. Sometimes there are many things that have to be done because of the sequences that go on and, as a result, inadvertently other projects do get set aside from week to week. - 56 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 City Manager Cheney hoped the staff would not think they do not appreciate what they do get done. Mayor Trauger said there was no intent of that or criticizing the staff, City_Manager.~Cheney pointed out, "Well~ .me~too-~"~ Mayor Traug~.saidit was a~matter of communication in-bringing~these up,:because the other items he saw that they had not touched on were four different times the Council has asked for a report that shows all of the Councilmen's input as far as inquiry into the Cit~ and then the report showing where the action was taken--and where the final report ms so all of the Councilmen know whose information is in, where it is, and if they have been cleaned up. Mayor Trauger pointed out that they have asked for that four times. He was asking it, for the fifth time tonight, "Can that be done?" City Manager Cheney answered that they did it for awhile. Since that time, he said they have added two additional people to his office and still three Secretaries. City Manager Cheney said they have kept that up pretty well and have not distributed it to the Council. If he had gone through the total list of things last night and earlier tonight, which he was prepared to do, the one thing that they did not bring up at that time was that record that the City Council requested. City Manager Cheney said his indication would have been that they hope.to have that back into the procedure by the end of the week so it can be done regularly. City Manager Cheney advised that that simple little thing is a time consuming process, which he would have indicated to the CoUncil if he had a chance, that it would have been back in the process by the end of the week. Mayor Trauger knew it was a very time consuming process but said most major corporations in the United States keep their staffs informed by that. He does it at the college; he did it in the Army, and knows it is the quickest, fastest way of keeping everybody on the same "sheet of music." For the seven years he has been serving people in this City, Councilman deLong said he has never come into as much abuse as he has come into the past couple of years on account of requests that are being channeled are not being taken care of. If they are, it takes quite awhile to take care of them. He walks around among the people every day of the week and sees them. Councilman deLong stated he knows what is going on. He said the people are continuously requesting things, and they are in the habit of getting service. When they don't get it, they squawk. Councilman Wright did not think the staff could say that the Council does not appreciate their work. Councilman deLong did not think not once on any occasion, did they ever condemn the employees. City Elections 1. Receipt of Nominating Petitions - 57 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 1, 1983 2. Proclamation of Primary Election 3. List of Pollworkers On the list of pollworkers, Vice Mayor Warnke questioned #74, "Elford Warnke". Vice Mayor Warnke called the gentleman, as he did not know any relatives in this area. He informed everyone that the name was spelled wrong. It should be Wanke., without the "r" Secondly, #82, "Hyman Goldstein," Vice Mayor War~ke asked Morton Goldstein, a candidate for Council who was sitting in the audience, "That's no relation to you mn any way?" Mr. Goldsteln replied, "No." Those were the only questions Vice Mayor Warnke had on the pollworkers'list. Councilman deLong moved to approve the Receipt of the Nominating Petitions, Proclamation of Primary Election, and List of Poll- workers as presented. Councilmember Woolley seconded the motion, and the motion carried 5-0. Current Status Report on G.A.L.A. Mayor Trauger said they had the report and asked the Council if there were any questions. Councilmember Woolley moved to accept the report as presented, seconded by Councilman Wright. The motion carried 5-0. Tereesa Padqett As this was the last Council Meeting of Tereesa Padgett, Vice Mayor Warnke thought both the Council and the audience should acknowledge it and give her a round of applause. There was loud applause. ADJOURNMENT The meeting was properly adjourned at 10:55 P. M. ATTEST: Me~or~nT%~ee~ary CITY OF BOYNTON BEACH, FLORIDA Councilman - 58 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AGENDA February 1, 1983 FEBRUARY 1: 1983 3 page attachment (See page 9 of Minute. ADMINISTRATION Approval of Bills: me Physio-Control Maintenance contract on LP5 Monitor, Defib, Charge Pak Pay from General Fund---001-221-522-40-31 1,380.0 e Ranger Construction Industries Inc. Cold mix for Street Dept. and various Utility Depts. Pay from General Fund and Water & Sewer Revenue Funds 2,687.7 Boynton Business Machines Service/Maintenance agreement on typewriters Pay from General Fund and'Water & Sewer Revenue Fund 3,201.0 Advanced Cardiac Systems Purchase a 1004 Cardio Resus. Pay from General Fund---001-221-522-60-89 3,389 o 0! Se Ernst & Whinney Professional services regarding annual audit Pay from General Fund---001-131-513-40-66 4,047.00 Pay from W. & So Rev.---401-393-539-40-66 3,589.00 7,636.01 Product Information Network Panel Membership Fee: Pay from General Fund---001-121-512-40-7G 1,075.0( Michael Hayqood, Attyi Professional services in connection with Community Redev. Pay from Federal Revenue Sharing---320=000-247-1C-00 1,350.0( Hesco Sales, Inc. Various size metal dumpsters Pay from Sanitiation Capital Re~lacement---103-341-534-60-gB 14,885.0£ Lesra¥ Bobcat, Inc. One Clark Model 742 Bobcat Pay from Water & Sewer Revenue Fund---401-332-533-60-42 11,528.0£ 10. Board of County Commissioners Use of County Landfill for the month of December Pay from General Fund---001-341-534-40-9A 17,746.00 COUNCIL APP O¥£D: 11. 12. 13. 14. 15. 16. 17. Davis Water & Waste Industries Inc. Odophos Liquid for Sewage Pump Stations Pay from Water & Sewer Revenue Fund---401-352-535-30-65 S I Lime Company Lime for Water Treatment Plant Pay from Water & Sewer Revenue Fund---401-332-533-36-65 Lassiter construction Company Requistion %6 (Final) For 30 Acre Park - Racquet Center Pay from Res. for Parks & Recreation Fund~ South Central Reqional Wastewater Treat. & DisDOsal Bd. Requisition No. 8 -- Construction of Sludge Conditioning and Stabilization Facility Construction Project No. 716-811-02 -- This request from Lanzo Constr. Total Invoice -- $106,767.00 50% due from City of B.B. -- $53,383.50 Pay from Utility General Fund---403-000-169-11-00 Persson Drilling Corp. Est. %] Western Well Field Test Well Program Pay from Utility General Fund---403-000-169-01-00 Willie Ruth McGrad¥ Server for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing Fund---320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 Isiah Andrews Driver for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing Fund---320-641-564-40-5A Ordinance %73-15, passed 5/15/73 9,956. 0 7,827. 8 49,316. 5 53,383. 9 9,180.0 134.4 140.4 COUNCIL APPROVED: Meetin -3- The bills described have been approved and verified by the department heads involved; checked and apDroved for payment by the Finance Department. nn, Finance Director I therefore recommend payment of these bills. Peter L. Che City Manager COUNCIL MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA M EM ORA ND U~ February 1, 1983 FEBRUARY 1, 1983 1 page Attachmen (Seepages 41and. To: Re: Honorable Mayor and City Council City Clerk Appointment Subjectto confirmation by the Ci~y~.?Council as required by Section 17 of the City Charter, I am appointing Betty Boroni to the position of City Clerk of the City of Boynton Beach, effect-ire upon the retirement of Tereesa Pad~etto Betty BOroni hms been serving as Deputy CitFClerk and is fully qualified and prepared to accept the responsihilities of City Clerk for the City of Boynton Beach. I am pleased that she has agreed to carry out these-responsibilities and I am confident she will c~ntinUe to see that the City Clerk's. Office continues carry out its responsibilities in the same commendable ann posit] way as was done through the. many years of service' of Tereesa Padc In ~ddition. and in response to Tereesa Padgett's retirement and Betty Boroni's ppo~ntment, upon the recommendation and concurre~ of both Tereesa Padgett and Betty Boroni, we are recommending th~ a secona Deputy City Clerk position be create~ and that the curr~ position of Secretary in the City Clerk's Office be eliminated. This will assist in the o~eration of this Department ~y..giving t! City Clerk two deputies and, thus, enabling her to ~ the responsibilities of the Department into two areas for day to day operational Purposes, leaving the City Clerk in a better positio~ to provide overall supervision and planning for the Department's activities. PLO:mb '~Pe~er L. ~hene~ City Manager 2.) t ve ett. t nt