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Minutes 01-04-83~MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 4, 1983 PRESENT 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 W. Vance, City Attorney ABSENT Walter "Marty" Trauger, Mayor (Excused) Vice Mayor Warnke called the meeting to order at 7:30 P. M. and informed everyone that Mayor Trauger was away, on a well deserved vacation. The invocation was given by Vice Mayor Warnke, followed by the Pledge of Allegiance to the Flag led by Peter L. Cheney, City Manager. AGE-NDA APPROVAL Councilman deLong wished to add item "B" under "IX. OLD BUSINESS." City Manager Cheney had two additions. Under "IV. CONSENT AGENDA, City Manager Cheney wanted to add a bill for approval that has to do with the improvements at the regional treatment plant the City shareS with Delray Beach. Under "IX. OLD BUSINESS,' City Manager Cheney wanted to read a brief report and comment on the current studies they are doing relative to waste water treatment. Councilman deLong moved the adoption of the Agenda with the additions. The motion was seconded by Councilmember Woolley and carried 4-0. ANNOUNCEMENTS Vice Mayor Warnke reminded the public that their filing for tax saving exemptions begins January 4th and ends March 1st. Vice Mayor Warnke said for homestead exemptions, widows' exemptions, disabled veterans' exemptions and agricultural filings, this was a reminder that everyone had until March 1st to file these exemptions with the County. Vice Mayor Warnke announced that our former Assistant City Attorney, James Wolf, has taken a position as a General Counsel of the Florida League of Cities. Atty. ~olf enjoyed working with the City and hoped he would be able to be of assistance to the City in his new position, which takes effect January 30th. Councilman deLong moved to send the appropriate letter of commenda- tion for the services that Attorney Wolf has rendered to the City, as he has done a remarkable job. Councilman Wright seconded the motions. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 City Attorney Vance totally agreed that Attorney Wolf has done a remarkable job. He informed the Council that Attorney Wolf requested that he (Atty. Wolf) do the last meeting in order that he can say good bye to everybody, so the Council would get a personal chance to tell him. Vice Mayor Warnke said they would have the letter at that time. A vote was taken on the motion, and the motion carried 4-0. Because February 15th is an official election day (Tuesday, February 15, 1983), Vice Mayor Warnke announced that the second Council meeting in February will be on Wednesday, February 16th. Presentation of Service Award by Vice Mayor Warnke Tereesa Padqett - City Clerk - 30 Years When Vice Mayor Warnke talked to Mayor Trauger last week, he was very disappointed he could not be here in person tonight to give the award to Tereesa Padgett for 30 years of service.with the City of Boynton Beach. Much has been said about her service, and Vice Mayor Warnke did not think he could add any more to it except, "God bless, and have a wonderful future." He presented Mrs. Padgett with a service pin and a United States Savings Bond fn the amount of $100.00. There was loud applause. Mrs. Padgett expressed her thanks, saying she thought it was the first pin of this kind. She explained that you get the pin after ten years of service, then a diamond for 15, 20, 25 and 30 years, so she had four diamonds. There was very loud applause. MINUTES Reqular City Council Meetinq Minutes - December 21, 1982 Councilman deLong moved, seconded by Councilman Wright, to adopt the minutes as presented. Motion carried 4-0. PUBLIC AUDIENCE Vice Mayor Warnke asked if anyone in the audience wished to speak on any item that is on the Agenda, to please give their names to Mrs. Tereesa Padgett, City Clerk, and they will be called when that item appears. If anyone wished %o speak on any item that was not on the Agenda, Vice Mayor Warnke said they could come to the podium and speak at this time. Paul Slavin, 2520 N. E. 1st Court, Boynton Beach, Florida informed the Council that he is President of the Owners' League of Village Royale on the Green. He wished to thank Police Chief Hamilton and his department for their outstanding work in apprehending the - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 criminal that has been robbing and physically injuring their residents. Also, they wished to give special thanks to the officers who volunteered their time to protect the residents. Certainly, Mr. Slavin continued~ this had a calmmng affect on everyone along with having a positive affect on the final outcome, which was the capture of the perpetrator. Councilman deLong commented that there was quite a surge in solving quite a few of the problems the City had. ~He thought the Police Department was not gettting the credit they deserve for the "damper" they are putting on crime. Councilman deLong also thought there was a whole list of "stuff" that happened in the last couple of weeks that City Manager Cheney is acquainted with. Councilman deLong thought the Police Department was doing a remarkable job, and he hoped they would continue to do so. Vice Mayor Warnke agreed. Vice Mayor Warnke recalled that he commented on that sometime ago. He said if the public could only know what the Police and Fire Departments are doing in more detail, they would really appreciate the good forces the City has. Clean up Wilda Searcy, 402 N. E. 13th Avenue, Boynton Beach, Florida, moved to Boynton because her hUsband is ill. She purchased a house on N. E. 13th Avenue, which is predominantly a black neighborhood. Mrs. Searcy purchased a house in August, and said it is a rehabilitation area. Mrs. Searcy said she would like to see this community, which is in this prime area, rehabilitate, look better, clean up, and find another way for picking up rubbish. She was a Commissioner on Environmental in Detroit, Michigan. Since Mrs. Searcy has been here, she ha$~no~iced that she ms very much needed in this community, but her husband is ill. She hoped the City would get the young people involved by going into the schools and talking to the kids about how to clean up. Mrs. Searcy said dropping a piece of paper down, it winds up miles away. She has not seen a waste basket' in this City on the streets whatsoever. Mrs. Searcy asked if people are at a bus stop or standing on a corner "~shooting the bull", where are they going to put a piece of paper. Mrs. Searcy worked with the State of Michigan as a volunteer, with the schools, and with the community. Mrs. Searcy told the Council she was having guests for the holidays, and her street looked so bad that she went down and started cleaning it up herself. She stated that the City needs larger dumpsters at these apartments and more of them. Mrs. Searcy hoped Boynton would be a place for her to live because she ms paying her money to live here. - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 Children do not even know that you have to have a.license to ride a bicycle on the streets, Mrs. Searcy continued. She reiterated that the children have to be taught, and she thought it should start in the grade school. Up on 10th and the railroad, Mrs. Searcy said there was not one garbage can up there. Men just dump cans out. Mrs. Searcy wanted a better community. She also called attention to the canal and how bad it is. Mrs. Searcy exclaimed, "No place to fish." She referred to kids going across Highway 1, a-nd also, Mrs. Searcy referred to kids bringing pails of fish this past week~ and they jump off of the railroad to run from the train when they are standing there fishing. She observed these things and was sorry, on her first meeting, she had to report these kinds of things in her community. Councilman Wright advised that Mrs. Searcy did call, and he did not have a chance to follow it up. He was sure some of her concerns were legitimate in terms of a clean up. Councilman Wright said that was something they would have to do to North Boynton. There were some other things Councilman Wright was sure they could discuss. Councilman Wright told Mrs. Searcy the Council did not have any controls about what happens with'~the School system. Of course, they could always be advocates, but Councilman Wright said it is left to the School Board to determine what they want. He told Mrs. Searcy the Council would look into some of those coneerns. Councilman deLong appreciated Mrs. Searcy's spirit. He said if the City puts those cans around, someone is liable to "hook them.' Councilman deLong remembered in 1973, the City had one of these great clean up, "Rid Litter Day" deals. They went up mn that area t~e day after the "Rid Litter Day Clean Up", and it took the people two weeks to get the stuff. The City did not have enough equipment to drag the stuff out of the neighborhoods. Councilman deLong recalled that it cost the City $6,000 after the "Rid Litter Day" to clean up the trash, matresses, bedspreads, and the refrigerators that were scattered on'different lots. As to the proposition of an ongoing deal, Councilman deLong did not know who was going to correct it. He said they would have to have somebody alongside everyone else who wants to have it. Councilman deLong was sure, with that kind of help, City Manager Cheney may be able to help them along. CONSENT AGENDA: M~tters in this Section of the Agenda are proposed by the City Manager for "Consent Agenda" Approval, with all of the accompan¥inq material to become a part of the Public Record The item City Manager Cheney wanted to add was in connection with the construction of the sludge conditioning and stabilization facility at the regional plant. He informed the Council that the - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 bill just came in today. City Manager Cheney said the City's 50~ share of the bill is $34,664.85. He wanted to add that.,to the payment of bills list on the Consent Agenda. Sale of one surplus Synchrogear 20 Horse Power Motor - Utilities See Memorandum dated December 30, 1982 from Perry A. Cessna, Director of Utilities, to Peter L. Cheney, City Manager, attached hereto~and made a part hereof. B. BIDS One (1) Model 160 Series Three Dynahoe Heavy Duty Hydraulic Backhoe Loader Unit or Equal - Utilities The Tabulation Committee recommended awarding the bid to Trail Ford Tractor Co., P. O. Box 5299, Lake Worth, Florida 33466, in the amount of $44,346.00 as explained in the Memorandum of December 29, 1982 from Richard S. Walke, Director of Public Works, and the Memorandum from Mark G. Law, Utility Systems Supervmsor, dated December 29, 1982, to Perry A. Cessna, Director of Utilities. In his Memorandum dated December 29, 1982, addressed to William Sullivan, Purchasing Agent, Perry A. Cessna, Director of Utilities, wrote: "My personal experience also has been that service and availability of repair parts for Ford equipment has been substantially superior to Case." e Ail plumbing work at the Golf Course Maintenance Buildinq and Golf Course Cart Storaqe Buildinq The .Tabulation Committee recommended awarding the bid to Price Plumbing, 1 Warehouse Avenue, Lantana, Florida 33462, in the total amount of $5,108 ($3,181.00 - Maintenance Bldg., $1,927.00 - Cart Storage Bldg.). Approval of Laboratory Testing for City Water Test Well Proqram Perry A. Cessna, Director of Utilities, in his Memorandum of December 29, 1982, recommended that the Council accept the low bid of McGinnes Laboratories, Inc., Lake Park, Florida for a total cost of $6,375 for 15 wells ($425 - cost per well). C. Approval of Bills The following bill was added to the attached list of bills by City Manager Cheney: - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 13. South Central Regional Wastewater Treatment & Deposit Board Req. #7 For construction of sludge conditioning and stabilization facility (Longo Construction Co.) Total invoice $69,329.70 (City's percentage 50% - $34,664.85) Pay from Utility General Fund 403-000-169-11-00 $34,664.85 Councilman deLong moved to accept the Consent ~genda consisting of items A; B, 1, 2, and 3; C, with the addition of the sewer plant bill (#13 above). The motion was seconded by Councilmember Woolley. On the memorandum they received from the Utilities Director about 'A. Synchrogear 20 Horse Power Motor", Councilman deLong said the Memorandum recommends that the CitY sells it, but he said the Council does not see what the price is on that. He was interested in what the City was gomng to be receivmng. Perry Cessna, Utilities Director, had a copy of the original ±nvomce and said they paid $3,813 and some odd cents. Councilman deLong thought the price should have accompanied the memorandum so the Council would know what they were doing. It is taxpayers' money, and Councilman deLong wanted to make sure how they handle it and how much it ms. City Manager Cheney was glad Councilman deLong raised that question. On Friday, .when they put it together, they had not looked up the old invoice and they did since then, City Manager Cheney explained. He said it should be in there. City Manager Cheney said the motor has been around a long time, and the City is lucky to get rid of it. A vote was taken on the motion, and the motion carried 4-0. BIDS .Sewer Replacement - NE 3rd Street between 24th and 25th Avenues City Manager Cheney said this bid was similar to about three emergency type bids or quotations the City has had to take recently in the last two or three years for what really constitutes old sewer line cave ins. City Manager Cheney referred to the north end of the City from 20th on up and said the utility system up there was probably constructed in the mid-fifties with limited inspection, some of it fairly deep. He said we have had it continuing one or two times a year - a break and a leak, and the whole thing caves in. City Manager Cheney informed the Council that this one has started. The TV cameras show that it needs repair. Mr. Cheney told the Council it is the kind of little project that is difficult to write specifications for, but they have had two or three contractors who have done a good job for - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 the City in the past in solving these problems. City Manager Cheney repeated that they are deep; they need well point systems. He said they have gone out and gotten quotes from three local, small companies that the City is satisfied with. City Manager Cheney recommended that an award be made to the low bidder, Coastal Pipeline, Inc., 104 N. W. Spanish River Blvd., Boca Raton, Florida, in the amount of $13,987.35. Councilman deLong moved to accept the recommendation of City Manager Cheney, seconded by Councilmember Woolley. Motion carried 4-0. PUBLIC HEARING - 8:00 P. M. None. DEVELOPMENT PLANS Approval of Site Development Plans submitted by John Pagliarulo to construCt Temple Beth Kodesh located on NE 26th Avenue, west of Rollinq Green Elementary School City Manager Cheney requested once again that this item be deleted from the Agenda. He advised that the application was not in a ~on~tion in an adequate time for the Community Appearance BOard to review it last evening at their meeting, and they had to leave it on the table. City Manager Cheney told the Council it was recommended that it be deleted from the Agenda at this time and, hopefully, it would be ready for the Council's review at the next Council meeting. Councilman deLong moved to delete this item from the Agenda, seconded by Councilman Wright. No discussion. Motion carried 4-0. Approval of Modified Site Development Plans submitted by Jack Clark to construct modifications to the LaNotte Restaurant located at 2280 North Federal Hiqhway Carmen Annunziato, City Planner, informed the Council that the application before them was a request to modifY the site development plan which was approved by the City Council approximately one year ago. He said these are modifications which are a result of the requirements by the Palm Beach County Health Department primarily concerned with moving the building. Mr. Annunziato referred the Council to the overlay and said, "Down would be Lake Worth; obviously, up would be U. S, 1." The portion the Council was looking at now was primarily the location of the - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 building itself. Mr. Annunziato pointed out that the overlay did not show the parking because there were no changes to that portion of the site. Owing to the construction of the pool, the Health Department required that the b~ilding proper be moved westward 12 feet. had a number of ramnifications also associated with restroom facilities to serve the pool, to include lockers and showers. This In their Agenda packets, Mr. Annunziato told Members of the Council they received a copy of a letter addressed to the City of Boynton Beach, attention Building Official, from Phillip E. Reeves, who was the Architect for the project. Mr. Reeves stated in his letter the items which need to be modified, as a result of construction, which Mr. Annunziato read, as follows: "1. Ccmptete structure had to be n~ved a total of (12 ') twelve 'feet to the west due to requirements required by the Health and Rehabilitative Services of Palm Beach County Health Dept. a. Pool shape was revised, 2 radii at S. W. and S. E. Corners. Ground floor toilets north side have shower stalls (1 in Men's restroom, t in Women's restrocm). Bench lockers as required by Palm Beach Health Department. 2'~__ Interior bar shapes will be changed.." 3. a. Additional restroom facilities were added. "4. Exterior wood deckwas revised to a concrete finish. 5. Sidewalk extended toward thewest approximately l2'-0". Mr. Annunziato said the sidewalk also projects 12 feet out as a result of moving the building. The application was reviewed by the Technical Review Board and went to the Planning and Zoning Board with a positive reccomenda- tion, subject to the applicant holding the City harmless for any construction in a utility easement in which the City has a gravity sewer line and sewer force main related to any landscaping that would have to be relocated or replaced as a result of construction in the City's easement. Mr. Annunziato said the applicant has agreed to this. Based on that recommendation, Mr. Annunziato said the Planning .and Zoning Board unanimously recommended to' the City Council that the modified site development plans submitted by the applicant be approved, subject to the memorandum by Perry A. Cessna, Director of Utilities, dated December 14, 1982, which relates the "Hold Harmless" to landscaping. Mr. Annunziato informed the Council that this went to the - 8 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 Community Appearance Board last night (January 3, 1983) and was approved through their review. Councilman deLong asked City Attorney Vance if he saw any ramnifi- cations of approval of this recommendation by the Planning and Zoning Board. City Attorney Vance replied, "Provided it is made subject to their submitting a proper Hold Harmless Agreement for my review and approval." Councilman deLong moved that the unanimous recommendation of the Planning and Zoning Board be approved~ subject to staff comments, and the signing of the Hold Harmless Agreement. The motion was seconded by Councilmember Woolley and carried 4-0. Approval of Master Plan Modification for Boynton Beach Commerce Center requested by Iraj Motazedi for utilities and drainage located on the south side of Woolbright Road east of LWDD E-4 Canal Although Mr. Annunziato did not have an overlay on this, he told the Council they received in their Agenda packets a memorandum from him to the Council reflecting a review by the Technical Review Board. Carmen Annunziato, City Planner, advised that the Council's responsibility in this regard is to make a determination as to whether or not the requested changes are substantial in nature, the position being that if they are determined by Council to be substantial in nature, it could require a rezoning. In this instance, Mr. Annunziato continued, the applicant is requesting three minor changes to the technical aspects~of~the approved master plan for the Planned Industrial Development of what is now commonly known as the Boynton Beach Commerce Center. Mr. Annunziato informed the Council that the first involves modifications to the storm and drainage system, which resulted from a change in the Water Management system. The initial system pro- posed for storm water retention would not have been approved by the South Florida Water Management District. Mr. Annunziato said the applicant has now modified his plans and put them in a form where they would be approved by the district. Mr. Annunziato explained the second change. Initially, the developer was going to relocate the 16 inch water line, which traverses this property in a north/south manner. Based on a modi- fication to the plan, the 16 inch water line can now remain in place, and there is no need to take a section out and modify it. Mr. Annunziato said this initially was the position taken by Perry A. Cessna, Director of Utilities. He felt the water line should not be moved but was willing to go along, based on the applicant providing the money for the change; but Mr. Annunziato said now the City is back to the initial mode; and the line remains the same. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 198~ Mr. Annunziato stated that the thir~ revision involves minor modifi- cations to the proposed sanitary drainage'system, which needed to be modified as ~ result of modifyin~ the drainage system. As the Council knew from the memoralLdum sent to them by Mr. Annunziato in connection with their Agenda, the Technical Review Board did review this on December 21 Council that the Council make a fin( Further, they a~e recommending to ti if this does go forward, that the c] Annunziato told the Council. A cop] ~th and recommended to the ting of no substantial change. ~e Planning and Zoning Board, langes be approved, Mr. of Mr. Annunziato's Memorandum dated December 29, 1982 s attached hereto. As Councilman deLong read this over thoroughly, he moved that the Technical Review Board's recomm(Indation that the City Council finds no substantial change in the t'lanned Industrial Development Master Plan concepts of the Boynton accepted and the' plan be approved; relating to same, dated December 29 public record; and that the Plannin of the action of this Council. Co.~. the motion. No discussion. Motion LEGAL Ordinances - 2nd Readinq - PUBLIC Beach Commerce Center be .hat the City Planner's Memo 1982 become a part of the ~ and Zoning Board be notified cilmember Woolley seconded carried 4-0. ARINC None Ordinances - 1st Readinq None Resolutions Proposed Resolution No. 83-A Re: Urging the U. S. Postal Service to designate all incorporated areas of Boynton Beach as a Boynton Beach Postal Address City Attorney Vance read proposed Re olution No. 83-A by title only- s "A RESOLUTION OF THE CITY OF BOYNTON BEACH URGING THE UNITED STATES POSTAL SERVICE TO DESIGNATE, AS A MINIMUM, ALL OF THE INCORPORATED AREAS OF BOYNTON BEACH AS A BOYNTON Bt Councilman deLong moved the adoption 83-A, seconded by Councilmember Wool~ Councilman Wright recalled that the, that a 'letter would accomPany this Rt be from City Manager Cheney and woul~ problems. City Manager Cheney affir~ set of minutes. ~CH POSTAL ADDRESS' of proposed Resolution No. .ey. '.ouncil said two weeks ago ~solution. The letter would · explain some of the City's ~ed that it was in the last - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 At the request of Vice Mayor Warnke., Tereesa Padgett, City Clerk, took a roll call vote on the motion: Vice Mayor Warnke Councilmember Woolley Councilman Wright Councilman deLong Aye Aye Aye Aye Motion carried 4-0. OLD BUSINESS Report on Printing (Action postponed pending receipt of City Attorney's Opinion) Councilman Wright moved to take the item off of the table, seconded by Councilmember Woolley. Motion carried 4,0. City Attorney Vance distributed a copy of an opinion immediately prior to 'the beginning of the meeting to the Members of Council, which he thought was self-explanatory. Councilman Wright thought City Attorney Vance should read it. City Attorney Vance read his memorandum addressed to the Mayor and City Council,dated January 4, 1983, as follows: "With respect to the proposal that City printingbe done by '~local printers,' please be advised that: 1. ~64 City Charter - Purchases involving amounts in excess of $1000 n~lst be made pursuant to the bid procedure. 2. With respect to purchases under $1000 and limitation of these purchases to local printers, I am concerned that this might be considered an attempt to limit competition and thus a violation of Federal anti-trust statutes, which have been held to be appli- cable to municipalities by two recent U. S. Supreme Court cases: Lafayette v. Louisiana Power & Liqht Co., 435 U. S. 389; and Community Con~amnications Cb., Inc. v. City of Boulder, COlorado, 50 L. W. 4144." Although it seemed illegal to, he guessed, pass any legislation or adopt a policy of this nature, Councilman Wright felt the City could still have its own in-house things on terms of what it can do within the confines of the City staff and what they would like to do. City Attorney Vance thought City Manager Cheney had made some suggestions in his memorandum relating to various types of printing. Councilman deLong believed City Manager Cheney should read the findings that he arrived at. Councilman Wright informed Council- man deLong that City Manager Cheney read them into the minutes two weeks ago. Councilman deLong agreed there was no necessity for him to read them again. - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 Vice Mayor Warnke asked if any action was required of the Council at this time. Councilman deLong questioned whether they were going to accept the recommendations of the City Manager and follow what he has more or less described in the report that he is making. Councilman Wright advised that City Manager. Cheney thought there may be a problem with #3, but he felt that would be the best of the alternatives that he gave the Council two.weeks ago. It seemed to Councilman Wright that was~i~ conflict with what the City Attorney was saying. City Manager Cheney clarified that he said if the Council chooses to give preference to local printers, he would suggest that definition 3 be used. Councilman deLong wished to ask a question of~Mrs~ Tereesa Padgett, City Clerk. If memory served him correct, Councilman deLong believed it was in 1974, '75, or '76 before he got out of office. At that time, he recalled they ~did change this $1,000 requirement because they felt $1,000 did not amount to much. Councilman deLong did not know whether they did it by Resolution or by Ordinance but said it had to be over $5,000. He asked Mrs. Padgett what ever happened to that and if she recalled whether that was ever rescinded. Councilman deLong said that should be some place among the City records. Mrs. Padgett thought it was changed from a lower figure up to the $1,000. Councilman deLong disagreed, saying, "Up to the $5,000.' He said it was $1,000, and the City Manager complained that he could not operate with the cost of - Mrs. Padgett interrupted to say they changed it one time and then changed it back. She recollected it was changed one time; they bought two garbage trucks, and they changed it back. Councilman deLong remembered the two garbage trucks but said that had no bearing on that particular item. He said the complaint from the City Manager was that he could not operate if he had to go out on bid for every- thing that was $1,000 at cost. Mrs. Padgett thought it still.stoQd~, as in the black book. Council- man deLong told Mrs. Padgett he would appreciate.if she would check that and find out if it was later reset. Under the present Code Book, under Chapter 64, Vice Mayor Warnke advised it is still $1,000. City Attorney Vance confirmed that the current Charter is $1,000. If it ~has not been rescinded and they find that it was changed, Councilman deLong said that would prevail, not the Code Book. It seemed to Councilman Wright that they had some problems with this. He still wanted to see the Council do what they could, and guessed, as City Manager Cheney recommended in #4. "leave as it is now with no limits, but seek, and we give preference." Council- man Wright thought they should help the local printers if at all possible. Councilman deLong asked if City Manager Cheney. forwarded his report to the local printers. Councilman Wright answered that they have a copy of it. -12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 Bob Steinmetz, 305 S. W. 3rd Street, Boynton Beach, came forward and said he spoke to the Council about six weeks ago, when they brought the matter up. He stated'that his feelings had not changed, even though they had several discussions since then. Mr. Steinmetz felt there are plenty of printers in this town in various types of categories in the printing business to give competitive bids and handle almost any type of printing. He still felt the system that was used prior to all of this controversy and discussion worked very well. Mr. Steinmetz informed the Council that Mrs. Grummons is in the audience, and she just mentioned to him that she thought it worked very well for years too. Mr. Steinmetz clarified that was simply that anything that was under $1,000 was put out to the printer that it was felt could handle it the best. The Purchasing Agent had informed Mr. Steinmetz that he had tried to divide the printing up among the various five active printers in the City~ Mr. Steinmetz simply asked that the City return to that system if possible. He felt that printers who are licensed and in the geographical limits of the City of Boynton Beach should get preferential treatment in receiving ~the City of Boynton Beach's printing. Mr. Steinmetz told the Council it is a two way street. They belong to the Chamber of Commerce,. support their local City govern- ment, are active in town, and he felt they should be rewarded ~th getting preferential treatment on small printing items. Mr. Steinmetz had no dispute in putting anything over $1,000 out for bids. Basically, Councilman Wright thought Mr. Steinmetz was saying to leave it "as is", with the City trying to give as much support as possible to the local printers. "As was", not "as is", Mr. Steinmetz pointed out. He called attentiOn to the fact that the procedure was changed about slx months ago. Vice Mayor Warnke thought if they discriminated against one business by making them put in bids under $1,000, it should be equally applied across the Board to hammers, typewriters, and everything else. At this point, Vice Mayor Warnke felt they were singling out one business and, possibly, they would be on much firmer ground to leave the whole thing up to the City Manager and the Purchasing Department without bids. City Manager Cheney told the Council that the City does use bids and quotations on most everything they buy. Councilman deLong asked if City Manager Cheney would have any problems working with it as it was. City Manager Cheney had trouble working with it as it was in its operation because he found that there was some slackness in being sure that the City was getting the best prices, even among local bidders. - 13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 Since they have done this, City.Manager. Cheney found that the City has gotten some improved prices even among local printers. He had no problem with working with the Council any way the Council instructs staff to work. As he said in his memo, City Manager Cheney was concerned about being.sure the City gets the best price for the benefit of all of the citizens of Boynton Beach, and he was concerned that if they have a special process for the printers, they may be soon having a special process for other vendors in town. Councilman Wright thought they should revert to their old policy and try to work'with the printers. He still felt something could be worked out. He qUestioned going to p~inters in Broward County for quotes. What they are doing now is sending bids out to all of the printers to see what they charge for certain things, Councilman wright guessed, and they go to the lowest-bid. City Manager Cheney remarked that the City does not send them far afield. Councilman Wright asked, "You don't send them that far?" City Manager Cheney answered that %hey have tried and did not get responses from some people far away. The only one, that is probably the real problem to the local bidders, is a Pompano firm that has picked up several jobS, based on price. City Manager Cheney thought that was the firm and the location, which is somewhat south of us, which is the greatest concern of the local printers. That was why one of the printers suggested that the City not go below Boca Raton. City Manager Cheney said it has created the biggest money savings and also caused the biggest problem to the local printers. City Manager Cheney referred to his memo, where he said, "If the City Council chooses to give preference to local printers, I would suggest definition #3 (Boca Raton to West Palm Beach)." He said the Council may not want to do that; they may want to say just Boynton Beach, which was up to them. Whatever it is, City Manager Cheney-said~they .should adopt it as a guideline with so~m~_..fr~ed~o~.lef~or the administration to use this as a guideline, but to also expect the administration to use flexibility if it is warranted; t~at ms, on some cases, more restrictions, and other cases, less. So, with the interest being as a balance between 'local businesses in every process, to try to say %hat ill,you want to make a policy change, City Manager Cheney told the Council to let the staff have some freedom but let them balance between local businesses - the idealbeing, that local businesses, wherever possible and reasonable would get the benefit. Vice Mayor Warnke advised that they would still have to come under the guidelines~.~Of the City~At~torney.~opiniOn. ICityi~anage~r Cheney said it was a problem. Vice Mayor Warnke said their primary purpose was to save the taxpayers money and secondly, to help out local - 14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 businesses. He noted they are torn between the two. The key to Atty, Vance's problem, as he set forth in his memorandum, was the word "preference." He said that precisely what~?the anti-trust statutes would ration to avoid is giving a preference to a given group. City Manager Cheney'asked, "Without some valid reason?" He meant, "A preference with some legitimate valid reason might be supportable?" City ~ttorney Vance answered, "If there is a practical reason, in that you say shipping costs, communications, or something like that, but the problem I would have (from my office's viewpoint) is a formally adopted preference by the County. In fact, City Attorney Vance advised, there should be no preference, from his viewpoint and the viewpoint of his office, fo'rm~l!y adopted by the County because the remedy under anti-trust is treble damages plus costs and attorneys' fees; and that gets expensive. City Manager Cheney thought he knew in part and balance the way the Council would like to move if it appears reasonable, and that is moving as much as is reasonable to local printers. He thought if they would leave that in that general context, maybe they could work with it. Councilman deLong moved to leave it to the discretion of the City Manager and the Purchasing Department, seconded by Council- member Wootley. Motion carried 4-0. OLD BUSINESS Western Boundary Line Councilman deLong read a Memorandum from him to the Mayor and Members of the City Council, dated January 4, 1983, copy of which is attached hereto and made a part hereof.. There was applause. Vice Mayor Warnke stated he would like to see a mortatorium on any more annexations into this City until such time as the water studies now being conducted by the County and the State prove to the City that they have enough water to supply any more annexa- tions of residential or commercial areas. Councilman deLong said he would like to see everybody do their part and said the City Planner's staff and the Planning and Zoning Board could get with it. He thought the City should start and said he brought it up several times. Councilman deLong thought they were overdue. He asked, "How large a City does ~the City want? Let the people decide[' Councilman Wright admitted that the size of a city can be an important factor, but it seemed with the thrust on the State level that growth is rapid and is going to.create many more problems. - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 He noted the expansion of a few dollars in taxes and that kind of thing would not give them the services that they still need. Before, they used to go into the suburban neighborhoods and that type of thing. Now, Councilman Wright noted, they want to kind of limit that and keep people close together. He said they could easily provide the services that they need. Councilman Wright thought it would definitely cause problems if the City continues to go west with-annexations. He called attention to the fact that the City will really need some legal expertise in order to determine how they can do that without being sued. Councilman deLong did not think there was any problem of arriving at that and placing the referendum on %he ballot. He thought there was no problem of the planning staff and the Planning and Zoning Board taking a stand as to what they recommend, and there is no problem with putting Lawrence Road on there because Lawrence Road is not developed to any degree or extent. There are no large developments on there, Councilman deLong thought it would be an appropriate place. At least, it was something to give them as a choice, Councilman deLong continued. Councilman deLong told the Council not to sit here until they become a megalopolis~ Vice Mayor-Warnke said during his campaign he would rather improve what we have rather than expand. He asked City Attorney Vance if they were on firm legal ground to possibly put a referendum on the next election to limit the City limits to Lawrence Road. Councilman deLong advised this is an inalienable right of the voters, an~ most of the problems that concern the public should be decided by the voters. Vice Mayor Warnke agreed. City Attorney Vance was not familiar with any situation where a maximum geographical line has been established. He said he would want to take a little look at it but, basically, Attorney Vance said the City does not have to annex anyone. They petition to come in, and the City can either say 'yes" or "no' Vice Mayor Warnke asked if the extension of the City's water and sewer lines that were put out with the agreement of these various parties beyond our City limits agreeing to annex meant that the City had to annex ._ City Attorney Vance answered, '%No. You don't have to." Councilman deLong referred to Boca Raton and a dispute as to how far north they could go. The Commissioners at that time decided they would go no further ~north than the C-5I canal. After they decided, it Wasn't a year's time until the Agency that had control of the canal cut that canal through. Councilman deLong further recalled that Boca Raton had a 40,000 cap. He asked if that was held to be legal. City Attorney Vance replied, "No sir." Councilman deLong commented that it was quite a difference in trying to control a population than i% was to control the size of the City by land geographically. - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 City Attorney Vance told Councilman deLong he was not saying you can't; he had never encountered a situation from years of experience where a geographical ~imit~ha~, been. es%abt£shedz.and he would have to take a look at it. ' Councilman deLong said Boca did it, and he asked Attorney Vance to check in Boca Raton where they established the canal as the northend of the City. Councilman deLong believed that happened in 1959 or 1960. Vice Mayor Warnke suggested they have a workshop meeting to put this-referendum on the election coming in Marck. City Attorney Vance did nOt think they could make the election. Part of the problem was coordinating with the County Election Supervisor, as she would have to print ballots and the whole works. Sometimes they put things on the back burner. Councilman deLong thought what they should do was to find out how they can. He did not want to pass up the opportunity of getting it on the ballot this time if possible. Councilman deLong though% they should do all they could to get it on the ballot, and let the people decide. Vice Mayor Warnke thought it was Important enough to n~ke a Special Election and get it on this ballot. Councilman deLong said it was of paramount importance. He emphasiZed that the idea is not to ask, "Can we?", but to instruct that they w~nt it done. Councilman deLong stressed, "That is the way government is supposed to be run." Councilman Wright thought it was something they should pursue, but he was concerned about the time frame. Personally, Vice Mayor Warnke thought it was possible to get it in the next election and asked if they could expedite it. There was discussion about time for advertising and public hearings. Councilman deLong said he would not rush it, and if it would be necessary to hold a Special Election, he would go along with it. He thought it would warrant it. Councilman deLong did not think the expense was that great that they would want to forestall a Special Election on it. He thought it was of that much importance that even if a Special Election must be held, they should hold it. Waste Water City Manager Cheney wanted to make a comment about the current waste water treatment studies the City. is doing, partly to put into perspective what the.City is doing, along with some additional comments they are reading from other communities. City Manager Cheney read his Memorandum dated January 4, 1983, attached hereto as pages 18 and 19. - 17- MEMORANDUM January 4, 1983 To: Re: Honorable Mayor and City Council Current Wastewater Treatment Studies I feel that it is appropriate to provide a brief report to the Council concerning studies for wastewater treatment which have prompted some local officials to properly state their concerns about the matter. I feel the following points~are valid at this time: None of the Officials of the agencies sponsoring these wastewater treatment studies have any desire to downgrade the environment, In fact, ~'most of these officials have spent their pro- fessional career in efforts and activities that protect the environment from man-made waste. In Boynton Beach's case, Perry Cessna, Director o~ Utilities, has been working and pursuing quality environmental standards since 1939, in Florida and throughout the world - a total of over forty years. e The studies that are being carried out by the several agencies are not yet completed and, therefore, conclusions about futUre treatment have not been drawn. Only initial steps and a very complicated research and review process have begun. The cities and counties involved in these studies and who are responsible for wastewater treatment also are responsible for maintenance of both public and private beachfrontage and, obviously, do not want to see any beach area damaged, polluted, de- graded or made a health hazard. Therefore, it is clear that the studies that are being pursued are being done with the utmost concerns for environ- mental protection. - 18 - Memorandum to Honorable Mayor and City Council Re: Current Wa'stewater Treatment St~die~ 1/4/83 Page 2 o One of the possible very positive results of the contemplated treatment change may be to develop a better natural sewer sludge treat- ment process and, thus, quickly reduce the amount of sludge that goes to landfill spread- ing, which in return, can. have a positive effect on potential for drinking water contamina- tion. Speaking for Boynton Beach, we appreciate the legitimate concerns of the City and County Officials and assume that they will not come to final conclusions until the studies and hearings, that will be taking'place in 1983, are completed. Boynton Beach feels that it is important to continue to review all methods of waste- water treatment, those that use sewer outfall, those that use deep injection, and those that discharge the affluent on the land in 'order to be sure that all the impacts (sludge and liquid discharge) are being handled in the best manner when all aspects are weighed and analyze~. PLC:mh Peter L. Cheney City Manager cc: Perry Cessna, Director of Utilities - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARH 4, 1983 Vice Mayor Warnke added that when he first got involved with the Sewer Board Treatment Plant, he said in no way would he ever want to see that treatment reduced. Then he went to the Oceanographic Department at Florida Atlantic University (Dr. McAllister and several other authorities) and found out he did not know what he was talking about. Vice Mayor Warnke said they'have studies they have made throughout California, ~Florida, and other parts of the world for years and years on this very same subject. They found that the reduction in treatment that they are talking about in the Delray-Boynton outfall would have absolutely no significant affect on the GUlfstream. Vice Mayor Warnke considers himself an environmentalist and expressed that in no way would he want to see our beach or the Gulfstream polluted. Vice Mayor Warnke said it was proven to him that within a few 100 .yards of that outfall, there is little or no affect on the Gulfstream itself. He behooved anyone who was speaking against this reduction of treatment to go out and do their homework, as he did, and find out they may not know what they. are ~talking about. Councilman deLong also wanted to find out why City Manager Cheney did not put his remarks ~ade~_at the Board~of..~Cc~unty Ccmmissioners~' Workshop on .the. beach~reStoration~project~ at 'Ocean Ridge on ithis and asked if it would be put on the k~enda for the. next' Council meeting~. Mr. deLong thought City Manager Cheney deserved commendation for how well he stated the City's position. He thought City Manager Cheney presented a good case for the City. City Manager Cheney advised that if Councilman deLong wanted it . as a matter of public record, he could put it on the next Agenda. Councilman deLong moved to put City Manager Cheney's memorandum of December 30, 1982 on the next Agenda. The motion was seconded by Councilmember Woolley and carried 4-0. NEW 'BUSINESS Consideration of General Revenue Sharing Reenactment = Requested by Councilman Samuel Lamar Wriqht Councilman deLong asked if this wasn,t something .that occurs every year. City Manager Cheney answered that the authorization is every two or three years but the appropriation is every year. Coming up now, City Manager Cheney said they need both the appropriation and the authorization. Councilman deLong determined it was normal procedure. Councilman Wright said they were having some problems with what is happening in Washington. Basically, he said the Florida League of Cities is requesting all of the cities to pass Resolutions and to make their positions known to persons listed on page 3 of the information he made available to the Council. - 20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 Councilman Wright moved that the City draft a Resolution on General Revenue ShaKing Reenactment, as outlined by the Florida League of Cities, and have copies sent to the appropriate persons listed on page 3 of the Memorandum. The motion was seconded by Councilman deLong. No discussion. Motion carried 4-0. Department of Community Affairs Demonstration or Research Projects Requested by Councilman Samuel Lamar Wriqht Councilman Wright explained that he received this communication for the County. He said what they planned to do was put $6,000 into a Youth Employment Program, which was a request made by the Community Relations Board. Councilman Wright said the Council agreed to do that. He said he wanted to see if he could match those funds, using the City's $6,000 local match to see if they could get an additional $6,000 to help our youth in the City of Boynton Beach if the City staff has not planned to do anything else. Councilman deLong wanted to consult City Manager Cheney on that.. He stated that it was too bad this "stuff" does not come in when the City is in the process of making up its budget. Councilman Wright agreed it was kind of an "after the fact"~-~type of thing, but he felt that the monies are available, and that was something they would like to do. ~hey know $6,00~' can hardly do anything, so Councilman Wright thought they could~/do a little more. City Manager Cheney informed the Council that the City has been thinking about that summer employment program and the variety of options on funding it. He stated that there are some problems, and said they had begun to review the guidelines for this kind of program be~fore now. City Manager Cheney reiterated that there are some problems with tying in with some of these funding programs because it limits what you can do. City Manager Cheney told the Council they thought about applying for maybe $3,000 here, using $3,000 of the City's to match it, and then leaving $3,000 of the City's separate to hopefully match the business community's $3,000, so they could have two programs: one that is aimed primarily at families and people who fall within the~gUidelines of the State and Federal programs but also having some money available for an open-ended kind of program. City Manager Cheney said they still have not decided whether the Community Service Trust Fund is going to be merged in. City Manager Cheney was surprised this letter came out because this program may be merged in with the Community Service block grant. Councilman Wright was sure the funding would be available someway-or another. If it comes to a Community Service block - 21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 grant, City Manager Cheney pointed out that it would have all kind of restrictions and, in fact, it is not all to an employment program. Councilman deLong moved to refer this to the City Manager for a detailed report back to the Council on January 18th, seconded by Council- member Woolley. Councilman Wright wanted to make sure that whatever the Council decides to do is sent to Tallahassee by February 1st. He said the program allows flexibility. Councilman Wright also mentioned that IBM has monies available, and he thought they could give about $5~.000 too, so they could contact IBM as soon as possible. Vice Mayor Warnke added, "and possibly Motorola." A vote was taken on the motion, and the motion carried 4-0. ADMINISTRATIVE Report on Florida League Committee for the future of Florida and the Florida League Intergovernmental Relations Committee by Councilman Samuel Lamar Wriqht On December llth, Councilman Wright traveled to Tampa to attend the Task Force on the Future of Florida's organizational meeting. He said the purpose of the task force s~ould be to ~formulate a coherent comprehensive urban policy statement',for Florida's future on the basis of the best available options~and submit to the Florida League of Cities by 198~ and subsequently to the State Legislature in 1985, a comprehensive report. Councilman Wright informed the Council who the speakers were and said they mentioned that in twenty years, most industry will be that of information and service. They said the local govern- ment has more 'clout" in Washington than the State, so Councilman Wright said that was why they need to be involved and active. The most single long term problem in Florida in the years ahead is water supply, Councilman Wright reported. He said other Matters that seemed to be of crucial concern to the Task Force is the inability to educate and adapt children to technology. Councilman Wright said more must be done in the area of education. Crime was considered a real concern, and Councilman Wright said they must move to do better planning in that area. There was a lot of emphasis on the criminal justice system. Of major concern was transportation and, lastly, Councilman Wright said environmental degradation is another problem. As Council said this evening, Councilman Wright said it was also mentioned that they start with long range planning in the State of Florida and even in some of our cities. Councilman Wright stated that is - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 the thrust of this task force. Basically, he pointed out that the emphasis is that they must try to keep from spreading out too far and confine the limits of the communities so they can better serve our citizens. Otherwise, Councilman Wright said they not be able to meet the needs of our c~ties for the future. He said they must rethink land uses. Councilman Wright further reported that the Committee agreed their priority should be to develop a policy-statement listing some of these major concerns. He again mentioned the concerns. Councilman Wright informed the Council that. the next meeting will be on the 22nd of this month in Orlando. He said he would give the Council copies of a statement prepared by the Legislators from this area. Councilman deLong moved to accept Councilman Wright's report and place it on file, seconded by Councilmember Woolley. No discussion. Motion carried 4-0. Interqovernmental Relations Committee Councilman Wright reported that the Intergovernmental Relations Committee met in Tampa, also on the 17th. They went through a legislative package policy statement, and they revised it a little. Councilman Wright said he would make copies of that available to the Council. One new thing that they included was they passed a Resolution regarding the merger of the Community Services Trust Fund with the Community Services Block Grant. Other cities also sent letters to Tallahassee saying that they were against the merger because if the merger materializes, then the State would dictate to the cities how they should use the money, and the cities w©uld~like to have more flexibility, not only limiting their monies concerning loans to people but to do Other innovative pr0j. ec%s ~as ~w~ll. Councilman deLong thought they should look this over. He noted Councilman Wright was talking about merging funds, and Councilman deLong thought if it concerned the City, they should have it looked over by the City Manager in conjunction with the Finance Director and a consultation with the City Attorney. Vice Mayor Warnke noted that this was a Resolution Councilman Wright had at the meeting about a month ago concerning the same thing. Councilman deLong thought they should get a deeper study on it. Councilman.Wright asked what Resolution they were talking about. Both Vice MayorWarnkeandCouncilmandeLong replied, "The merging of funds" City Manager Cheney explained that what happened was that last year, the Legislature~ said that ~he pmograms will be,me'rged, but they appointed an Advisory Committee to study it. That Advisory Committee had a hearing here awhile ago. In fact, City Manager Cheney believed Councilman Wright is on that Committee. Mr. - 23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 Cheney did not believe a decision had been made yet. City Manager Cheney advised that they passed a Resolution opposing the merger already, so the City has taken a position opposed to it. Most Cities have. City Manager Cheney began, "Now, what the State Committee is going to recommend," when he was interrupted by Councilman deLong. Councilman deLong interjected that Councilman Wright was advising the Council that the State wants the City to reverse. Councilman Wright informed the Council that no decision has been made yet. All he was saying to the Council was that the Florida League of Cities will include that in their package under his Committee's report against the merger. Council- man Wright said they have to make a decision on that in February. Councilman deLong was assured by City Manager Cheney and Council- man Wright that the City's Resolution stands. ~ppoin~ment of one Civil Service Board Member and one Alternate Member for a two year term Councilman deLong moved, seconded by Councilmember Woolley, _that the nominations be opened. Motion carried 4-0. Councilman Wright mentioned that they received a resume from Mr. Don Balmer, who has been a resident of the-City for some time. He read ~Mr. Balmer's application and added~'~Those of you who know him know that you see him at every Council meeting. He is very active and concerned about the. future of Boynton Beach." Councilman deLong asked~ if it was for the permanent term. Vice Mayor Warnke answered that it was the regular two year term, and they were having the nominations for the permanent member. Councilman deLong moved that the nominations for the permanent member be closed, seconded by Councilmember Woolley. No discussion. Motion carried 4-0. Councilman deLong moved that Mr. Balmer be appointed by acclama- tion, seconded by Councilmember Woolley. Vice Mayor Warnke repeated the motion that Don Balmer be appointed to the Civil Service Board for a two year term as a regular member by an unanimous vote of the City Council. A vote was taken on the motion, and the motion carried 4-0. As the Council had no nominations for an Alternate Member, Council- man deLong moved to table the nominations for an Alternate Member. Councilmember Woolley seconded the motion, and the motion carried 4-0. - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1983 Vice Mayor Warnke thought the City ~should send a letter of apprecia- tion to former Mayor Stanley Weaver for his participation on the Civil Service Board. Library Board Although Councilman deLong was going to put it on the Agenda, he did not, He announced that there will be a vacancy on the Library Board. Councilman deLong informed the Council ~that Anthony DiSarli, who served on the Board of Adjustment, is ,tied up" on Monday nights when the Board of Adjustment meets. He recommended that Mr. DiSarli be considered for the Library Board. That would leave an opening on the Board of Adjustment, and Councilman deLong thought the Council should have advanced notice if they were inclined to go along with that and come in with an appointment for the Board of Adjustment. Vice Mayor Warnke asked if they could put that on the next Agenda. Councilman deLong agreed it could be on the Agenda for the next meeting. ADJOURNMENT The meeting was properly adjourned at 8:55 P. M. ATTEST: , ~ City Clerk (Two TaP~/) CITY OF BOYNTON BEACH - 25 - ATTACHMENT TO REGULAR CITY COUN'CIL MEET'ING MINUTES Jan. 4, 1983 M E M 0'~ A N D U M See page 5 .. A cc: Utilities December 30, 1982 TO: Peter L. Cheney, City Manager FROM: Perry A. Cessna, Director of Utilities SUBJ: Disposal of one (1) Syncro Gear Motor Drive 20 tip In approximately. 1970 ''1971, prior to my coming to Boynton Beach, the City purchased, the abov~ mentioned unit as a spare for the old Sewage Treatment Plant a~eators. This piece of equipment has been ~ Stored there .and has never been used because the City had never experienced any operational failure on the equipment that was already in place. ~ Monday', December 27, 1982, I received a call from Mr. Ralph Metcalf of'Flanagan Metcalf Company, Tampa Florida. Mr. Metcalf's firm .originally furnished this equipment to Boynton Beach. Mr. Metcalf advised..m~ that he anticipated needing one unit identical to the above unit. He further stated that~because of the time frame, he was unable to. get delivery from the manufacturer. Mr. Metcalf also state that be~use it had been laying ten (10) years~ he would-have to spend money on the electrical portions and have the motor checked and possibly re-wound. ~e~said he was willing to pay the original invoice.price and anticipated spending additional money to have it in tip top shape. I feel that this is an excellent chance for the City to recoup its original expense because it is now ten (10) years old and would probably bring very little on 'the open market. It is strongly recom- mended- that the 'City Council authorize the disposal of this equip- ment.at its original invoice price F.O.B. our Sewage Plant with no guarantee to the purchaser as to its condition, in other words-- as is, where is. PAC: cv Berry A. ssna, Director of Utilities ATTACHmeNT TO REGULAR CITY COUNCIL MEETING MINUTES -JANU~fRY 4, 1983 (Two Pages) See pages 5 and 6 AGENDA January 4, 1983 ADMINISTRATION Approval of Bills: 1. $ 1,960. ~0 Boynton Duc~ Desiqn, Inc. Boynton Beach Child Care Center Renovation Pay from Federal Revenue Sharing---320-641-564-40-5A Council approved 12/7/82 2. Rgbert S.~Curl, Consulting Engineer 1,000. Engineering Services for locating lighting & receptacle circuits for City Hall. Pay from General Fund---001-000-247-09 3. Dale's Paint & Body ShoD 3,576 Repairs for various vehicles (4) Pay from General Fund---001-193-519-40-32 Pay from General Fund---001-195-519-40-49 $ 489.10 3,087.43 4. Ernst &Whinne¥ 7,552 Professional services regarding Annual Audit thru November 30, 1982. Pay from General Fund---001-131-513-40-66 $ 4,003.00 Pay from W. & S. Fund---401-393-539-40-66 3,549.00 5. Griffin Equipment Inc. 3,350 For One Vibratory Plate Compactor and ~ne New Concrete Saw per specifications for Street Department. Pay from General Fund--,001-411-541-60-42 Per bid 11/30/82, Council approved 12/7/82 6. John E. Hembree Construction~ Inc. 4,575 City Hall Renovation Work (Air Conditioning) Change Order %1 dated 9/1/82 .... $ 2,016.78 Change Order %2 dated 9/1/82 .... 2,736.58 Installation New Overlow Drain Pans 330.00 $ 5~083.36 Less 10~- ............. 508.33 Total Due. -$ ~,575.03 )0 .53 ]0 ~3 -2- e 10. 11. 12. Intercounty Construction Corp. 540 Bags "Turbikol" Anthracite Filter Media for Water Treatment Plant. Pay from Water & Sewer Revenue---401-332-533-30-45 Jones EquiDment Comgany Second Chance Vests for Police Department Pay from General Fund---001-211-521-30-97 Neptune Meter Company 300 ARB Meters (3/4" X 5/8") Pay from Water & Sewer Revenue---401-333-533-60-51 VonHagge & Devlin, Inc. Monthly payment due January/82 for golf course design. Pay from B.B. Recreation Facility Constr. Fund: 415-000-169-41m00 Isiah Andrews Driver for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-SA Ordinance %73-15, passed 5/15/73 Willie Ruth McGrady Server for Senior Citizens Club 2 wks. Pay from Federal Revenue Sharing---320-641-564-40-5A Ordinance %73-15, passed 5/15/73 13. *See page 6. 1,512.00 1,478.D0 14,610 30 2,800 ]0 126. 36 i20.)6 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady W. Swann, Finance Director I therefore recommend payment of these bills. ~te~r L~-Che~ne~ty Manager ATTACHMENT. TO REGULAR CITY COUNCIL MEETING MINUTES J~nuar¥ 4, 1982 MEMORANDUM See page 10. Peter Cheney City Manager Carmen S. Annunziato City Planner ~^~ December 29,1982 ~,J~ Master Plan Modification/ Boynton Beach Commerce Cent Accompanying this memo, you will find a copy of a letter from Iraj Motazedi to Mr. Clark which requests three revisions to the previously revised~ma~ter plan. The previously requested revisions were approved by the Planning and Zoning Board on October 12, 198'2. PID modifications are addressed procedurally 'in Appendix A, Section 7N of the BoYnton Beach Code. Specifically, the process is two-fold. First, a determination must be made by the City Council as to *the degree of the change; that is, whether or not the change is "substantial". if the change is determined by'Council to be "substantial", a new application for PUD approval · shall be required. If the change is determined to be not of a substantial nature, the application for modification may be approved by the Planning and Zoning-Board based on a finding that the modifications requested are consistent with current regula- tions"and the intent and purpose of the comprehensive plan. On Tuesday, December 28th, 1982 and Wednesday, December 29th, 1982, the Technical Review Board reviewed the changes requested for consistency with the approved PID master plan concepts. After review of the plans, the Board found that the changes.requested are consistent with the approved Planned Industrial Development master plan concepts, and therefore recommends to the City Council that a finding of no substantial change be made. In addition, the Technical Review. Board recommends to the Planning and Zoning Board 'that the revised master plan be approved as submitted. CSA:mpc Attach._ .CC: TRB Members Central File Carmen S. Annunzi~to City Planner ATTACHMENT TO REGULAR CITY COUNCIL MEETIN~ ~A~RY 4, 1983 See page 15 (Two Pages ) January 4, 1983 Mr. Mayor and Member's of the City Council: Once again I call your attention to the establishment of our City's western boundry line. This function is of such paramount importance that I prevail upon you to rise to the challenge. We members of the City Council are confronted with two choices: 1.) We can-stand by while the special inter, est groups attempt to influence the extent~ of our City's western expansion or 2.) will we honor, as we should,the inalienable right of the people to decide by referendum the degree of expansion 'land and population wise they desire for~ Boynton Beach? The prospects of our population increasing tremendoUsly due to annexation could be greater in numbers than some Counties in our State, if not controlled by the people. Therefore, I submit our residents should also be afforded the opportunity of choice. Suggestion.- A.) The west side of Lawrence Road. Suggestion - B.) Further west as determined by the City Council after study and recommendation by the City Planner and staff in conjunction with the Planhing and Zoning Board. The west side of L. awrence Road is suggested due to the following cons iderations: 1. The future availability of the potable water supply. 2. How large a City do the people desire? The City's present residential zoning locations when fully developed will accommodate approximately seventy (70,000) thousand residents. 3. Although annexation broadens.the tax base, it greatly increa~ ~s city expenditures such as: services provided by all city department plus the.necessity to construct the following projects: Fire and Police sub-stations, a Public Works complex, Potable Water Treatment Plant,.fresh water wells, etc,'. It is years before, a city derives the benefit of a broadened tax base due to said expenditures. ' 4. The huge.amount of funds the City will receive in the future from ad-valorem.taxes from both the DeBartolo and Motorola EnterprisEs willbest benefit our local taxpayers if '~'~utilized for the continuation of our City's low m.illage rate in lieu of funding services and projec :s for annexed developments. 5. Many developments to the west 'in the unincorporated areas were planned.~and constructed subject to County code. If annexed will they be non-conforming ? I trust this memorandum will receive your thorough-review and study encouraging you to engage in definitive action before the majority member's.· terms on the Council expire in April, 198~. Respectfully submitted, Councilman JD:r