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Minutes 03-03-82MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, MARCH 3, 1982 PRESENT Edward F. Harmening, Mayor Walter "Marry" Trauger, 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 Harmening called the meeting to order at 7:30 P. M. He said the invocation would'be given by Father John Block, Pastor, St. Mark's.Catholic Church, followed by the Pledge of Allegiance to the flag, to be~'led by City Attorney James Vance. AGENDA APPROVAL Under "X. ADMINISTRATIVE", City Manager Cheney requested the addition of "I. Request for Disinterment at the Cemetery" Councilman Wright added "B. Discussion About Future Board Appoint- ments'' under "XI. NEW BUSINESS." Mayor Harmening added "B. 1~" as there was a member of the Fire Pension Board who had never attended any meetings and had moved to California. Councilman deLong moved the adoption of the Agenda with the addi- tions, seconded by Councilman Wright' Motion carried 5-0. ANNOUNCEMENTS General Election Returns Tereesa Padgett, City Clerk, read the General Election returns, as follows: In District II, including Absentee ballots: Joe deLong 5,042 votes; Bob Ferrell, 3,109; District IV¢ Gene.Moore, 3,181; James R. Warnke, 5,125. Under the Referendum items, Ordinance 82-1, there were 6,504 "YES" votes and 1,839 "NO" votes, Mrs. Padgett reported. Ordinance 82-1 pertained to the 45 foot'height limitation. Mrs. Padgett further reported'that there were 7,030 "YES" votes for the referendum on Ordinance 82-2 (~tcoholic Beverage Hours of Sale) and 1,288 "NO" votes; and there were 5,341 "FOR" a~d~2,6~9 "~iNST'3 the referendUm~on Ordinance 82-6 (Beach Bond.). Councilman deLong moved to accept the returns, as provided by Tereesa padgett, City Clerk. ~Lme~.~yQ~ Tra[~ugCr seconded the motion. No discussion. Motion carried 5-0. Proclamation - Recycling Week - First week in March, 1982 - (Opening of Recycling Center at Water Department on March 4, 1982 at 4:30 P. M.) Mayor Harmening read the Proclamation. MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 G.A.L.A. (Great American Love Affair) - March 3-7, 1'9'82 Mayor Harmening announced that the G,A,L.A, (~reat American Love Affair) celebration, which is being sponsored by the Chamber of Commerce and the City of Boynton Beach jointly will be held March 3 through March 7, 1982. He said there was a fine show in the Civic Center today to kick-off G.A.L.~. Proclamation - "Know Your City Government Day" - March 18, 1982 (Meeting in Council Chambers at 7:30 P.M., sponsored by Community Relations Board} Mayor Harmening read the Proclamation. Proclamation - Palm Beach County Sports Hall of Fame Day - March 7, 1982 The Proclamation was read by Mayor Harmening. MINUTES Regular City Council Meeting~MinUtes of'February 17, 1982. Mayor Harmening called attention to the 2nd paragraph, 2nd line, on page 5 of said minutes, and requested it be changed to read as follows: "Mayor Harmening repeated CouncilmandeLong's motion to instruct the City Attorney to draftanappropriate'ReSOlutionbasedonthemap . . ." Councilman Wright moved 'to adopt the minutes as corrected, seconded by Councilman deLong. No discussion. Motion carried 5-0. PUBLIC AUDIENCE Mayor Harmening announced that if anyone would like to speak on any item that was not on the Agenda, they may do so at this ~ime, and if anyone in the audience would like to speak on any item that is on the Agenda, if they will give their names to the City Clerk, they will be called on to talk when that item becomes the regular order of business. Dr. Richard S. Carrington, 4775 Quailwood Crescent, Boynton Beach, congratulated CounCilman deLong on his win in the General Election. Dr. Carrington appeared principally in answer to Vice Mayor Trauger's comment to the press that if he (Dr. Carrington) had a point to make, that he should bring it to the Council. Dr. Carrington advised that he had a point to make. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 According to the press, Dr. Carrington believed City Attorney Vance said that the City of Boynton Beach would be able to provide the people in the western ar~as with better police protection and better fire protection. City Attorney Vance did not think he said that. Unfortunately, Dr. Carrington did not have a copy of the paper with him. He told City Attorney Vance if he was in error, he would apologize. Dr. Carrington said if the City of Boynton Beach had any interest in annexing any of the western ar.eas at the present time, they were doing a very poor public relations job in selling annexation into the City. Dr. Carrington advised that there is a lot of opposition, and he thought the opposition was made primarily because there has' been no real input to the various communities out there as to the services the City has to offer. Dr. Carrington brought out that there was a major fire in Quail Ridge a few days ago. Dr. Carrington talked to Security before coming to the Council Meeting. Security told him that the fire fighting equipment· was there in four minutes of the call. Dr. Carrington seriously doubted that the City of Boynton Beach would be able to beat that time. He suggested a race sometime. Mayor Harmening interjected that the City of Boynton Beach does have a fire station about 1,000 yards from Quail Ridge. He agreed that four minutes was good response time. Dr. Carrington informed %he Council that he lives in Greentree Villas. Dr. Carrington contended (and so has the coalition which is presently made up of fifteen developments '±n the western area) that about the only thing the City of Boynton Beach seems to have to offer at this time is higher taxes. As far as the police services ars concerned, Dr. Carrington advised that they were in contract with the County Sheriff's Department to have a marked car~with a deputy in their development for twelve hours for less than $49.00 per unit per year. Dr. Carrington did not think that compared in any way with the · additional taxes they would have to pay. Dr. Carrington said his point was that if there was some real interest in getting together with the western areas, the City would have to do a bette~ public relations job. Mayo~ Harmening told Dr. Carrington that all of the discussions of the Council relating to annexation in the western areas had been predicated entirely on those areas'which were immediately contiguous to the City and that are undeveloped at this time. Mayor Harmening said the City had a map of all of those areas showing the County zoning on the areas, the size of the area, and any owners who live on the particular parcels. Mayor Harmening said all of the dis- cussions of the Council have centered on that and not on any of the members of Dr. Carrington's cbalition. MINUTES v REGULAR CITY COUNCIL MEETING MARCH 3, 1982 Dr. Carrington added that the Council was probably aware of the bill that had been sponsored by Mayor Weeks from Delray had been withdrawn. Mayor Harmening advised, that it failed. Dr. Carrington asked where that would leave the City's mandatory annexation efforts for the western areas. Mayor Harmening reiterated that the City was not discussing anything that was not contiguous, and it had not been the focus or the center of any of their discussions. Dr. Carrington replied that was exactly the point the' was making, The impression people in the western areas have is'~that the City is interested in jumping over the. belt of-~establish~d residences, go- i~g'.along Military Trail,-to require mandatory annexation, Dr. Carrington advised. Dr. Carrington told the Council if that state- ment is not true, it'should be corrected. Mayor Harmening said, hopefully, the press had been at~al'l of' the meetings'.where they had the discussions. Possibly, Mayor Harmening continued, the press could run a little article of what had been said tonight. Mayor Harmening informed Dr. Carrington that actually, under State law (.as Dr. Carrington is probably aware of), if it were the City's fondest desire and Dr. Carrington's fondest desire to be annexed at this point and time, Mayor Harmening was not sure that the City could accomplish it in any way, shape, or form because they are not contiguous. That was Dr. Carrington's~understanding. He added that with the failure of the bill to nullify that, the City was right back to "Square 1." Mayor Harmening replied that the City was not back to Square 1 because they never approached Square t in any way. He said the City never discussed any of the annexations of any of the populated areas' to the west of the City. The only areas that the City has discussed, and discussed time and tim~ again, Mayor Harmening continued, are those areas directly contiguous and vacant, undeveloped real estate. Mayor Harmeing said the City has been annexing them regularly and will continue to annex them. Obviously, Dr. Carrinqton commented, he had been~reading the press wrong, and perhaps he should read another newspaper. Mayor Harmening promised that the next time the City has a discussion on the agenda, he would see that Dr. Carrington gets a notice of the meeting so that he can come and hear the discussion. Councilman Wright noted the City has come a long way and has a way to go, but he was sure that Dr. Carrington could give them more credit than just offering high taxes. City Manager Cheney remarked that. it was unfortunate that people who live in the County and pay County taxes and the total cost of the Sheriff but have to pay an additional amount of money to get a Sheriff to come around to their neighborhood once in awhile. City Manager Cheney advised that is not necessary in the City of Boynton Beach. BIDS Vending Machines - 4 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 City Manager Cheney informed the Council that there are a number of vending machines around the City with a variety of financial arrangements for them. -He said they went out to bid to see if they could get a coordinated agreement with one of the major pro- viders 'of the vending machine so they could possibly make a greater return than they are now. City Manager Cheney found ~there is an interest in this. Delray Beach has already done this. City Manager Cheney recommended that the Council award the bid to Coca Cola Bottling Company of Miami. He eStimated that the City might get about $5,000.00 on the proposal, and he recommended having an agreement with Coca Cola. Councilman deLong moved to accept the recommendation of the Tabula- tion Committee and award the bid to Coca Cola Bottling Company of Miami, Inc. in the amount o-f $648.00. Councilman Wright felt it was a good program and stated as much as he likes coca cola, he was sure the City could exceed that amount. Councilman Wright seconded the motion, and the motion carried 5-0. P.S. 317 Gravity Sewer Extension - Service to Burger King, 1521 Northwest Second Avenue City Manager Cheney recommended that the award be made to Johnson- Davis, Inc. of Boynton Beach, Florida, in the amount of $12,374.00. CoUncilman deLong moved, seconded by Councilmember Woolley, to accept the recommendations of the Utility Director and the City Manager and award the bid to Johnson-Davis, Inc. of Boynton Beach, Florida, in the amount of $12,374.00. No discussion. The motion carried 5-0. DEVELOPMENT PLANS CONDITIONAL USE APPLICATION - Boynton Marine and Engine, Inc. Submitted by Frank Capiglione, Agent, to utilize existing building located at 3705 S. Federal Hwy. as a New Boat Sales Agency Councilman deLong moved to accept the unanimous recommendation of the Planning and Zoning Board and approve the application of Boynton Marine and Engine, Inc., subject to staff comments. Councilmember Woolley seconded the motion. No discussion. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 82-7 Re: Amending Ordinance No. 80-19, Rezoning Approximately 13.94 Acres from R-2 to PUD City Attorney Vance read proposed Ordinance No. 82'-7 on second and final reading, by title only: - 5 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 "AN ORDINANCE OF THE CITY OF BOYNTC~ BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERrA/N PANSEL OF LAND OF APPROXIMATELY 13.94 ACRES LOCATED IN SECTION' 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED HEREAFTER, FROM R-2 TO PUD WITH LAND USE /NTENSITY OF5.2 (LUI) , PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISION, AN EFFECTIVE DATE AND OTHER PURPOSES." Mayor Harmening asked if anyone in the audience wished to speak in favor of the proposed Ordinance and received no response. He asked if anyone wished-to speak in opposition to the proposed Ordinance and received no response. THE PUBLIC HEARING WAS CLOSED. Councilman deLong moved the adoption of proposed Ordinance No. 82-7 on second and final reading. The motion was seconded by Council- member Woolley. Mrs. Padgett took a roll call vote on the motion, as follows: Vice Mayor Trauger Councilman deLong Councilmember Woolley Councilman Wright Mayor Harmening Aye Aye Aye Aye Aye Motion carried 5-0. Ordinances - 1st Reading Proposed Ordinance No. 82-8 Re: Amending Boynton Beach Code of Ordinances, Section 5, Article X, "Parking Lots" by deleting in its entirety and replacing same with this Ordinance City Attorney Vance read proposed Ordinance No. 82-8 by title only on first reading: "AN ORD/NANCE OF THE CITY .COUNCIL OF THE CITY OF BOYhIi~ BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF BOYNTON BEACH, 1981 CODIFICATION, BY REPEALING S~CTION 5-136 THNDUGH SECTION 5-142 OF ARTICLE X, 'PARKING LOTS', OF CHAPTER 5, 'BUILDING, HOUSING AND CONSTRUCTION REGXII2ITIONS' , AND ENACTING.A' NEW ARTICLE X, 'PARKING LOTS'; PROVIDING FOR A REPEAI.~R CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER Councilman deLong moved the adoption of proposed Ordinance No. 82-8 on first reading only, seconded by Vice Mayor Trauger~ Councilman Wright raised a question about handicapped parking. City Manager Cheney referred him to the last page of the.backup for the proposed Ordinance and explained the Handicapped Parking Arrange- ment. Mrs. Padgett took a roll call vote on the motion as follows: - 6 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 Councilman deLong Councilman Wright Councilmember Woolley Mayor Harmening Vice Mayor Trauger Motion carried 5-0. Aye Aye Aye Aye Aye Proposed Ordinance No. 82-9 Re: Amending Appendix A 'Zoning', Section 11, Subsection H & I, by deleting in its entirety and replacing same with this Ordinance City Attorney Vance read proposed Ordinance No. 82-9 by title only, on first reading: "AN ORDIAI~NCE OF THE CITY OF BOYNTON BEACH~ FLORIDA, APPENDIX A, 'ZONING' OF THE BOYNTON BEACH CITY CODE, 1981 CODIFICATION; AMEND- ING SECTION 1, 'DEFINITIONS OF TERMS', 'DEFINITIONS' BY ADDING DEFINITIONS FOR AISLE, DRIVEWAY, GROSS FLOOR AREA, PARKING LOT AND PARKING STALL; ANDTMBY REPEALING AlL OF SECTION 11, SUBSECTION H, 'OFF-STREEt PARKING' AND SUBSECTION I, 'LOCATION OF OFF-~ PARKING' AND ENACTING'NEW SUBSt~3rION H, 'OFF-STREST PARKING' AND SUBSeCtION I, 'LOCATION OF' OFF-STREET PARKING'; PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PRO- VISION; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 82-9 on first reading only. Vice Mayor Trauger seconded the motion. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Wright Councilmember Woolley Mayor Harmening Vice Mayor Trauger Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Councilman deLong moved, seconded by Vice Mayor Trauger, to revert back to the regular order of business. Motion carried 5-0. City Manager Cheney called attention to an error in the Agenda. The "DEVELOPMENT PLANS" under "VI" - "CONDITIONAL USE APPLICATION" should have been under "PUBLIC HEARING", City Manager Cheney advised. He added that it was advertised as a Public Hearing. Mayor Harmening said when they are finished with the other hearing, they will call the Conditional Use Application up again for public hear- ing. City Manager Cheney wanted to be sure the Council was aware of it and ~hat any persons interested in the Conditional Use Application would stay and not leave the meeting. - 7 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 PUBLIC HEARING - 8:00 P. M. ABANDONMENT of that portion Lot 19, Benson Heights and Lc Applicants: Laura Benson, Ms Annunziato, City Planner, AgE Carmen Annunziato, City Plant ment of that portion~ of S. W~ 25th Avenue and a portion of of the road in question is ti Benson Heights and Lot 8, Wes Mr. Annunziato reminded the( them on behalf, in part, of weeks ago when they instruct~ way following the removal by ~f S. W? 2nd Street lying between t 8, WestChester Heights ry F. & Carl J. Shuhi, Carmen S. nt er, said the request was for abandon- 2nd Street which lies between S. W. $. W. 26th AvenUe. He said a portion at which lies between Lot 19 of tchester Heights. ouncil that the request came before n action the Council took several d the staff to abandon the right-of- the hospital of their application to abandon a portion of S. W With that in mind, Mr. Annun: and reviewed by the City staf Zoning Board with a unanimous be approved subject to the en dedicated to the City of Boyn That is the substance of Tom a'l~ngr With o~her members of t Mr. Annunziato told the Counc Board conducted a public hear the application be approved, entire fifty foot right-of-wa Annunziato said ~he. re~o~nda~j from the staff ~n~ Councilm~n deLong Council, in view made for an injun¢ answer but that Jj various pu. asked about ~f the fact' ~tion. City m Wolfe, Ese and was present, ~n case the , of the topic. Mr~ Vance info~ sued by Bethesda ~ospital wit] with the zoning suit, Mr. Vane Hospital has requested that. ti prohibiting the City from aba] City Attorney Vane Hospital requested and then decided ~ Mr. Vance believed (March 9, 1982), e further ii an emergen( o go for a ] the hearin~ _2nd Street just to the south of this. ~ato said the application was formed f. It went to the Planning and recommendation that the application tire f~fty foot right-of-way being ton Beach for utility purposes. ~lark, City Engineer's memo, he staff including all utilities. il that the Planning and Zoning lng and unanimously recommended that ~ubject to the applicant dedicating the ~ as an utility easement. Mr. .on was based upon the input received Dlic utilities. the action on the part of the City that~ there was a petition Attorney Vance said he would was actually handling the situation uestions get beyond his familiarity med the Council that the City was ~ respect to zoning. In connection ~e informed the Council that Bethesda ~e Court enter a temporary injunction, ~doning that particular street. ~formed the Council that Bethesda :y hearing prior to the Council Meeting ~earing on a more regular basis. was scheduled for next Tuesday With respect to the zoning, C~ty Attorney Vance said they felt the City was in good shape~ With~respect to the abandonment, a fairly thorough review of the caSe-i~w '~.indi~ates, · City Atto~n~ey Va~e said,.the question ~11 come down to whether or not the City is · nterfer~ng w~the reasoRa~a~cess of Bethesda ~ii~'~ ~i~ i ~s ~ ~ by abandoning the street. - 8 - MINUTES - REGULAR CITY COUNCIL MEETING M~RCH 3, 1982 City Attorney Vance continued by saying the cases had been decided really in relation to the factual situation. City Attorney~Vance advised that his firm felt if the City abandons the street, the odds are approximately 50-50 that it would be a valid abandonment. Conversely, City Attorney Vance said, the odds are about 50% that the Court might hold that it was not a valid abandonment inasmuch as Bethesda has withdrawn their consent and, in fact, are actively opposing it. City Attorney Vance advised that his firm would suggest that the Council would complete the hearing tonight. The actual Resolution would not be on until after the nextmeeting of the Council. In the interim (next week) the hospital will have their hearing on the request for a temporary injunction, which the Court will either grant or deny. City Attorney Vance advised, "We can then come back and the Council can make a decision at the next regular meeting. If the injunction is granted, there is no decision to make. We are enjoined from doing it. If the request for injunction is denied, then the Council will be able to make a decision, and we will have to tell the Council, as I have told you right now., City Attorney Vance remarked, "It is just about a toss up." Councilman deLong was very much concerned and appreciated the fact (in reading over the staff reports) the Patrolman pointed out when he said it would eliminate a speed hazard in that particular loca- tion. City Manager Cheney commented that the City woUld proceed right along with the Council's desire for~abandonment, if that is what the Council decides, after the public hearing. Councilman deLong just wanted to know where the City stood on a legal basis. Councilman Wright wanted Assistant City Attorney Wolf to add to the subject. Assistant City Attorney Wolf informed the Council that Bethesda HosPital offered to Withdraw thei~ motion for a temporary injunction if the City will put off acting on the abandon- ment until May. Attorney Wolf could not see any benefit to the City in doing that. Attorney WOlf thought the issue should be decided, at least on a temporary basis. He could not see any advantage to the City in putting the decision off~ What Bethesda is saying, Attorney Vance continued, is that if they beat the City on the zoning, then they do not care if the City abandons the Street. Assistant Attorney Wolf thought the City should definitely wait on the zoning question but he did not see any benefit to the City to put off the hearing at the present time. Assistant City Attorney Wolf reiterated that the Council should be aware that Bethesda offered to withdraw their request for a hearing if the City agrees not to take any action on the abandonment until the end of May. Councilman deLong said Bethesda Hospital was of the opinion that they have governmental privileges, but he did not think any govern- ment should step in and declare spot zoning in a residential area. Attorney Wolf told Councilman deLong that Bethesda was of the opinion they.~ ~r~ a governmental entity and not subjected to the zoning ordinances of the City. Attorney Wolf advised that he had done research on it and had handled a.case when he was with the City of West Palm Beach on a similar matter. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 Attorney Wolf further'stated that in the West Palm Beach matter, they found that all State Agencies were subject to City zoning, especially since the local Government Comprehensive Planning Act has been passed, It specifically states in there that any govern- ment agency is considered a developer and are subject to City zoning laws.. Mayor Harmening felt certain the City's position was unassailable with regard to zoning. Councilmember Woolley noted that Attorney Wolf brought up all of this~information, including a report, and everything the City went through for those hours and hours at the hospital.- Attorney'Wolf stated that some of that'was not relative to the temporary hearing but would be brought up at the final hearing. City Attorney Vance summarized by saying that, mn essence, they felt very good about the zoning 'suit. City Attorney Vance said there was a possibility it could be considered to have some access via that road, concerning the abandonment, but it was not quite as sure a situation. Assistant City Attorney Wolf reiterated that he had done some extensive research. He just did nc they definitely were going to win, Councilman deLong was more concern¢ people who live in the nelghborhoo~ some discussion at the Planning an~ would be the appropriate way to c1¢ CounCilman deLong told the Council the neighborhood are definitely in out, so he thought the Council shol people in the neighborhood. Mayor Harmening asked if anyone in favor of the abandonment. Robert L. Foot, 2400 S.W. 1st Stre~ He reminded the Council that they people of the neighborhood concern through the neighborhood leading i~ that the Council heard people spea} area from the traffic. Mr. Foot i~ the traffic, hear it, and smell it it because they have had some clos. joined in the action not too many Mr. Foot continued by saying that included the closing of the street too many weeks ago. At this point, might be concerned not only about (which came as an issue in their p~ with their short term planning. hospital then spoke of access to t! By action through the courts, Mr. - 10 ~t like to tell the Council that as he could not be sure. d with the feelings of the · He recalled that there was Zoning Board meeting as to what ~e and abandon the street. Now, he found out that the people in favor of what has been worked [ld move forward and support the the audience wished to speak in ~t, Boynton Beach, came forward. Lad a previous hearing with the .ng the factors on the traffic Lto the hospital. He recalled ~ing of the pollution in their Lformed the Council that they see and are hoping they never feel calls. The hospital seemingly eeks ago, Mr. Foot observed. ~he hospital's planning seemingly as they spoke to the Council not Mr. Foot thought the Council ~he hospital's long term planning ~rking facility question) but now Foot recollected that the ~e hospital not needing the street. ~oo% pointed out that the hospital MINUTES - REGULAR CITY COUNCIL MEE9 is now seemingly saying, a short tJ street. Mr. Foot asked, "Where is issue?" Mr. Foot added that the c¢ represented by the Council, and thc issue here. Mr, Foot said the concerns of the they had not changed their feeting~ not asked for an extra lane at Fir~ so that the traffic running from t! out delaying traffic turning right pointed out that they had not aske( help traffic moving f~om First Str~ get out. When Mr., Foot goes home out of his driveway because of the hospital. Mr. Foot expressed that"his neighb about this and theydo speak in fa~ section of S. W. 2nd Street, which area, Mr. Foot thought per,haps thc hood who were present at the meeti] He thought the Council would again proceedings. Mr'. Foot said many w~ concerned about this. The absence of the hospi~tal spokes] indicated to Mr. Foot that they di~ Council, Mr~ Foot concluded by sa the City Council Members were the that not only would they act two w Resolution on it but also to defen~ in the Court. Mayor Harmening asked if anyone el~ the propoSed abandonment. There w~ one wished ~to speak in oPposition · received no response, THE PUBLIC 'ING MARCH 3, 1982 me later, that they do--need the the hospital's credibility in this ,mmunity and' neighborhood are ~ City government does have an eighborhood were constant and :, He told the Council they had ~t Street,. in front of his home, ~e hospital could turn left with- onto Golf ROad. Mr. Foot I~ for a traffic 1.ight there to .et, coming from the ~hospital, to ~or a late lunch, he cannot get traffic coming from the >rhood had some definite feelings ~or of the abandonment of that has led to the problems in their ~re were others in the neighbor- lg who would like to speak. see many faces from the earlier ~re at the meeting who were very [an.(herecogni~ed'no one inthe audience) t .not have respect for the City zing the-neighborhood felt that )eople to act On this and hoped ~eks from tonight wi~h a the City's tradition vigorously ;e ~ished to speak in favor of ~s no response, He asked if any- 2o the proposed abandonment and ING WAS CLOSED. Councilman deLong moved to accep the Planning and Zoning Board an Carmen Annunziato subject to the fifty (50] foot right-of~way as ~ recommendation was based on input the various public utilities. Cit Councilman deLongshould include prepare the appropriate Resoluti motion. Councilman deLong 2he unanimous recommendation of ~pprove the application of ~licant dedicating the entire easement. This [ved from the City staff and Attorney Vance advised that recting the City Attorney.to should also be included in the Since the City is in a Court proce , ASsistant City ~ttorney Wolf suggested that as part of the record and of Councilman deLong's motion, the proceedings that took Olace before~the City Council on 'the zoning whists there was testimony taken on the abandonment~ and also the hearings before the P~anning' and Zoning Board on the matter, ~aS~.an'~fficial record, b~ included as a part of the motion. - 11- MINUTES - REGULAR CITY COUNCIL MEE Councilman deLong agreed that the in the motion. The motion was sec Mayor Harmening repeated the motio statements of the hospital during based upon the Planning and Zonin¢ based upon the public's input, and motion was to accept the unanimous and Zoning Board and approve the a subject to the applicant dedicatin right-of-way as a utility easement and to direct the City Attorney to Resolution. Councilman Wright was surprised th hospital was not pres~t~and~Ues~ed ~ He thought the Council's actions w Wright commented that ~t was more from the area than on the hospital City Manager Cheney-informed the' C wall, as there was some question a utilities. He said it would show people Would know where they are. The motion carried 5-0. PUBLIC HEARING CONDITIONAL USE APPLICATION - Boyr submitted by Frank Capiglione, Agel located at 3705 S. Federal HWy. as Although this item was covered bef, Harmening explained that the Chair error, as they failed to treat thi application. Mayor Harmening asked if anyone in favor of the propOsed conditional '~ He asked if anyone in the audience- to the proposed conditional use an, THE PUBLIC HEARING WAS CLOSED. Councilman deLong 'moved to accept the Planning and Zoning Board and Boynton Marine and Engine, Inc., s subject to staff comment's. Counci and the motion carried 5~0, Councilman deLong moved to revert business, seconded by Vice Mayor T - 1 TING MARCH 3, 1982 suggestions should be included onded by Vice Mayor Trauger. n that based on the prior the zoning public hearings, Board's unanimous recommendation, based upon staff comments, the recommendation of the Planning ~plication of Carmen Annunziato, ~ the entire fifty (50) foot , subject to staff comments, prepare the appropriate representative from the heylthou~t~%heyW0uld settle itincourt. ~re legit~imate. Councilman Df a hardship on fhe residents Duncil that he put a map on the ~out the location of the ~here the utilities are, so Eon Marine and Engine, Inc.. ~t, to utit±ze existing building a New Boat Sales-Agency )re in the meeting, Mayor and the Agenda were both in item as a "PUBLIC HEARING" the audience wished to speak in lse. There was no response. wished to speak in opposition received no response. he unanimous recommendation of ~pprove the application of ~bmitted by Frank Capiglione, ~man Wright seconded the motion, the regular order of ~auger. Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEET RESOLUTIONS Proposed Resolution No. 82-0 Re: Councilman Wright mo~ed, seconded the item from the table, City Attorney Vance read proposed only: "A RESOLUTION OF THE CITY COUNCIL 0 FLORIDA, CREATING THE POSITION OF M THE DUTIES, RESPONSIBILITIES ~ DESCR PO$ITIC~." Councilman deLong moved the adopti, 82-0, seconded by. Councilmember Wo~ asked City Manager Cheney if lette~ colleges, City Manager Cheney rep Mrs. Padgett took a roll call vote Mayor Harmening Vice Mayor Trauger Councilman deLong Councilman Wright Councilmember Woolley Motion carried 5-0. Proposed Resolution No.. 82~Q Re: Corporate Reorganization Involving ING MARCH 3, 1982 ~anagement Intern TABLED ~y Vice Mayor Trauge~, to remove ~esolution No. 82~0 by title THE CITY OF BOYNTON BEACH, NNAGEMENT INTERN AND PROVIDING EPTION AND 'SALARY OF SAID )n of proposed Resolution No, )lley. Vice Mayor Trauger ~s were sent out to the lied they were not 'sent out yet. on the motion as follows: Aye Aye Aye Aye Aye Granting Approval of-Internal Teleprompter - Requested by Mayor Edward F. Harmeninq ............ City Attorney Vance read proposed "A. RESOLUTION OF THE CITY COUNCIL C FLORIDA, GRANTING. APPROVAL OF AN I5 INVOLVING T~.~ROMPTER CORPORATION. Councilman deLong mowed the adopti 82-Q, seconded by Vice Mayor Traug Mayor Harmening informed the Counc this requires that any time the~fr of ownership be confirmed, ratifie Teleprompter sent a letter to Mayo to the Agenda, stating that Westin acquired control of Teleprompter C had'to approve them. - 13 Resolution No. 82-Q by title only: F THE CITY OF BOYNTON BEACH, TERNAL ~0RPORATE REORGANIZATION on of proposed Resolution No. ~r. il that the ordinance regarding ~nchise changes hands, the change ~ and approved by the City Council. r Harmening, which'was attached ghouse Electric Corporation orporation and that the Council MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 William Orr, General Manager, Teleprompter Cable TV, 334 Belvedere Road, West Palm Beach, Florida 33405, asked the Council's approval of the reorganization of Teleprompter. He advised it was an up- stream merger. Mr. Orr said the City of Boynton Beach would still have the same rights as before, as far as Teleprompter selling or transferring to another company. Mr. Orr informed the Council that their main reason for requesting approval of the Resolution was for tax purposes only. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Trauger Councilman deLong Councilman Wright Councilmember Woolley Mayor Harmening Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution No. 82-R Re: Coordination of Planning b~tween th~ City and Palm Beach County in Reserve Annexation Area of Boynton Beach City Attorney Vance read proposed Resolution R by title only: "A RESOLUTION OF THE dITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING COORDINATIC~ OF PLANNING EFFORTS BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH ~ IN THOSE AREAS WITHIN THE RESERVE ANNEXATION AREA OF THE CITY OF BOYNTGN BEACH; WITHIN ONE MTT.R OF THE CITY OF BOYNTCN BEACH OR ANY AREA THAT MAY BE REASONABLY ASSUMED THAT MAY BE ANNEXED INTO THE CITY LIMITS OF THE CITY OF BOYNTON BEACH AND A REQUEST THAT THE CITY CT.RRK FORWARD A COPY OF THIS RESOLUTION TO THE COUNTY PIANNING AND ZONING DIRECTOR, COUNTY ADMINISTRATOR AND COUNTY ~SSIONERS; AND FOR OTHER PURPOSES o" Councilman deLong moved the adoption of proposed Resolution No. 82-R, seconded by Councilmember Woolley. Councilman deLong asked if there would be any confliction insofar as the grants that the'City received from EPA. Mayor Harmening replied that this would not' have anything to do with that. He explained that the purpose of the Resolution was that on numerous occasions there are parcels of land that are nearby in our annex- ation area and the owner comes in and petitions the County for some form of zoning which is contrary to the City's land use plan and their land use plan. They expect the City to provide sewer services, water services, and do not follow their land use plan. Mayor Harmening continued by saying the City's sizing has been predicated upon a certain predetermined density and when the density is grossly exceeded over a considerable area, it rather throws the planning into a "cocked hat". Councilman deLong thanked Mayor Harmening for the dissertation but remarked that he was the fellow who sponsored it. - 14 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3.., 1982 Mayor Harmening replied that he touched more on the utility aspects of it than on the people aspects. In some respects, if ±~ is done to a large extent, Mayor Harmening said it would impact severely somewhere downstream on the utility capacity, not only plantwise but lift station and tank sizes, force mains and water lines. Mrs. Padgett took a-rol! call· vote on the motion, as follows: Councilman deLong Councilman Wright Councilmember Woolley Mayor Harmening Vice Mayor Trauger Aye Aye Aye Aye Aye Motion carried 5-0. Mayor Harmening added that this was for undeveloped property to the west of the City, Proposed Resolution No. 82-S Re: Accepting lh~proVements and Reducing Performance Bound'- LawSOn Industrial Park, Plat NO. I City Attorney Vance adwised the blank on page 1', under Section 2 should have the amount of $5,.800.00 filled in. He read proposed Resolution No, 82-S by title only: "A RESOLUTION OF THE CITY OF BOYNTCN BEACH, FLORIDA, ACCEPTING IMPROVEMENTS AND REDUCING THE PERFORMANCE BCND FOR-LAWSON INDUSTRIAL PARK, PLAT NO. 1, RECORDED IN BOOK 42, PAGES 134 AND 135." Councilman deLong moved the adoption of proposed 'Resolution No~ 82-S, secOnded by Vice Mayor Trauger. No discussion, Mrs, Padgett took a roll call vote on the motion as follows- Councilman Wright Councilmember Woolley Mayor Harmening Vice Mayor Trauger Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. Proposed Resolution Re: Amending Prices of-Cemetery Lots and EstabliShing Mausoleum Fees - Recommended-by Cemetery Board ~ ~ City Manager Cheney requested that this item be tabled, as he discussed it with the Chairman of the Cemetery Board'. City Manager Cheney advised that there possibly may be some conflict between the Resolution and the contract between Boynton Beach Mausoleum, Inc, and the-purchasers of crypts and niches, - 15 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 Councilman'Wright moved to table proposed Resotut~ion re c~metery seconded by Councilmember Woolley seconded the motion, and the motion carried 5-0. Proposed Resolution No. 82-T Re: Ratifying South ~Central Regional Wastewater Treatment and Disposal Board Action - Interim Mechanical Screening Facilities (.RePlacing Resolntion No. 82-L passed February '17, 198'2) City Attorney Vance read proposed Resolution No. 82-T by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING SOUTH CENTRAL REGIONAL WASTEWATER TREA~ AND DISPOSAL BOARD. 'ACTION OF. FEBRUARY 3, 1982. RESOLUTION REPLACING RESOLUTION NO. 82~L'' Councilman deLong moved'the adoption of proposed ResOlution No. 82-T, seconded by Vice Mayor Trauger. No discussion. Mrs. Padgett took a roll call vote on the motion, as follows: Councilmember Woolley Mayor Harmening Vice Mayor Trauger. Councilman deLong Councilman Wright Aye Aye Aye Aye Aye Motion carried 5~0. OTHER Annexation and Utilities 'TABLED Councilman Wright moved to remove the item from the table, seconded by Councilman deLong, Motion carried 5-0. City Attorney Vance said he had been asked one quest-ion by Councilmember Woolley with respect to the City's existing bond resolution and whether or not this would be in violation of any provisions of base bond resolutions. City 'Attorney Vance advised that he had reviewed same and did not find that in the bond resolution there would be any problem with'-~he>.proposed service area policy Councilman deLong wondered if this would disturb the grants that were given to the City from EPA. City'Manager Cheney replied that the whole idea behind these p61i-cies i's related, especially on the sanitary sewer side, _ . to capacity. The only area where the City has any grant is the sanitary sewer and not the water. Where the sewer is concerned, City Manager Cheney pointed out that was the one where they had the greatest concern about capacity, and the inability to extend the City's capacity is a product of - 16 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 the current status of EPA f~nding. EPA & DER controls. Mr. Cheney continued by saying, as long as the City is relating these policies to its ability and projections on service, ~he could see no problem with EPA. City Manager Cheney pointed out that the City ms ready, along with Delray Beach and the Sewer Board, to expand the plant. As a matter of fact, City Manager Cheney told the Council the City has been going into a Step 2 process to get the plant expanded. City Manager Cheney said they were working with the State to change some regulations on the City's part and are doing all they can for expansion. City Manager Cheney thought the City's record was good on expansion. City Manager Cheney said the responsibility is to be concerned about the capacity that is there and he did not think they 'could be criticized for that. Councilman deLong asked if the answer to his question was No. City Manager Cheney replier ~that was correct. City Attorney Vance concurred, based upon the philosophy set forth in the Resolution. City Attorney Vance pointed out that it was designed to protect the system's integrity as a whole, and he did not think there would be any problems with EPA. Councilmember Woolley wondered what they would tell people when they call. City Manager Cheney replied that, under the policy, there are a number of things they night have to do to get into the priority listing. He said they could look and see where they might fall in the priority listing. City Manager Cheney said they could look and say, "What are our capacity problems, if any." Councilmember Woolley asked, "Who would determine that?" City Manager Cheney replied that the City knows, almost month to month, what its obligations are for capacity in the future because they know what plans have been approved, what commitments and what letters have been written indiCating that sewer might be available. City Manager Cheney reported that they keep up to date quarterly on the densities - on the expected densities of development and, there- fore, the expected demand for sewer. The policy has some things that relate to an agreement they signed which will affect their standing in the priority level. City Manager Cheney advised that if they are willing to sign an agreement which is attached to this policy, they would move up in the priority scale. City Manager Cheney said they would then, at that time, have to look and say what are our commitments to Priority 1, Priority 2, etc., and then do .we have capacity for them, depending on what priority they are in. Councilmember Woolley asked if a developer knows he is coming in in the future and he would need a letter to present to the County saying sewer would be available, and then they would say they do not know at that time, could they give the developer a letter. City Manager Cheney replied that, if the City does not know, they will not give him a letter. Councilmember Woolley thought it was a wonderful, well written policy that m~de a lot of .sense, but would hate to be hung up if some months later, the City. is to service the area. She felt what they were saying was the - 17 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 bond indenture does not have. anything to do with the western area. Councilmember Woolley admitted ~hat she was.confused. City Manager Cheney clarified that the bond indenture simply allows the City to have the money for building a utility system. That is all it does. It tells the City how to pay for it and how to handle the funds, etc. Mayor Harmening reminded the Cot are finite within a definite_gl~ come out, say west of Military ment, and ask the City to provi City's time span and what their or may not be able to do it. development may have to change the City's propOsed planning scl accommodate them. lncil to remember that the facilities zen time span'. If someone~were to Frail, with the idea of a ~ig develop- ~e them with services, based upon the proposed planning is, the City may lain, Mayor Harmening continued, the .ts schedule a little bit to fit into ~edule in order for the City to 'Vice Mayor Trauger said, as Councilmember Woolley mentioned, the purpose for which he proposed this was because of the limitation of the capacity of the sewer plant as it now exists and the problems of funding for expansion. Vice Mayor Trauger was greatly concerned about the priority list or the Dbility to effect an annexation if the State requirements were ever met, as the portion'°n this, to keep the supply in line with th~ demand. Vice Mayor Trauger pointed out that they know there is goiNg.to be a far greater demand than the supply. Also, Vice Mayor T~auger continued, as people program the developments years in adVance, to give a commitment now without the commitment of the agreementLis extending the services far be- yond the reasonableness for the people who are quite contiguous and come along a little later. Councilman deLong knew the area was designated as Boynton Beach"s area, and EPA had a hand in it as well as the State. Councilman deLong also believed that the City was very fortunate that the old Plant was phased out instead of being cut off. He thought the City may be in ~ position to reactivate that plant. Vice Mayor Trauger believed the main factor in theCity's favor is that wherever you go, both the sewer and water li~es are connected-with valves that are in here. Councilman Wright asked how soon could they get some correspondence from the EPA.. City Manager Cheney answered that they could ask for an answer but'he doubted that ~hey would get it. City Manager Cheney .said Councilman Wright could ask'. them the question but he would nOt be optimistic about ~heir answer, councilman Wright thought it was a good plan and still wanted the City to inquire of EPA. Vice Mayor Trauger moved for the adoption of the Htilities Service Area Policy as ~ropOsed. Councilm~m~er Woolley seconded the motion. Mayor Harmening re~eated that ~he motion was to accept the proposed Utilities Service krea Policy, as presented',~ and to make the comments of the City Manager and City Attorney a ~matter of public record. Motion carried 5-0. - 18 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 Consider Renewal of Lease Agreement between the City and Thomas E. and Linda Coffey - Access t'o Landfill City Manager Cheney read his memo dated March 3, 1982 regarding the lease which has been in effect between the City and the Coffeys since March of 1977. He read as follows: " ,As you can see, the Lease contains four (4) conditions, one of whiCh was that the City would have the option to renew~ the Lease for four (4). consecutive one y~ear te~ms. The Lease was renewed in 1978, 1979, 1980, and 1981, I have discussed the execution of an additional Lease for five (5) one year terms. The attached letter dated February 25, 1982 is based on discussions that I have had with Mr. Coffey and is acceptable to him with one exception, that exception being that the City formally include in the lease an understanding that the family currently living on the landfill property will be required to move off of the property by the end of- February, 1983, It is desirable that the City continue to have a Lease for this access road to the landfill and, therefore, I recon~end that the City Council authorize the ~xecution of a-lease with the terms out- lined above and contained in the February 25, 1982 letter to Mr. Coffey." City Manager Cheney said the terms were: "(1) City vehicles shall no' (2) The City shall maintai condition during the 1~ (3} The City will construc to be determined by th borne by the City,' Th the gate in the mornin. late afternoon on wee~ at any other time, it closed before and aft~ (4) The City will ind~mif arising frc~ injuries City's use of the pro~ (5)~ Lessor extends to the four (4) consecutive o~ (6) The rental for the per 1983 will be $1.,200 fa (7) The Lease amount for annually." exceed 10 mph on mentioned property. the roadway and keep it in a neat ase term, a gate on the access road at a place Lessor with the cost of the gate being City will be responsible. 'for opening and closing the gate in the middle to ays, If the City 'uses the landfill ~ill be responsible for keeping the gate use. and protect Lessor against any cl~ r damages oceuring as a result of the ~rty, ~ity an option to renew the Lease for' he (1) year terms, [od of March 1, 1982 through February 29, _~ the year payable in March, 1982. ~sequent years will be negotiated City Manager Cheney told the Council it is land that is between Mr. Coffey's house and the c ~al. F~r. Coffey is concerned~ Although he has no obj to the City using it. Mr. Coffey is concerned that only the Cit' uses it and the privacy which he hoped to have when he moved there would over the years be protected and improved. Manager Cheney informed the Council - 19 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 that is why he wants the gate relocated and, eventuall~ to have the family moved out. City Manager Cheney sa~id the City had talked with regulatory agencies and they do not need a family living there because of the limited use of the landfill, mainly for vegetation material, so there would be no problem there. City Manager Cheney further said that Mr. Coffey has no problem giving th'e family a year's notice so they are not just suddenly forced to'leave, after being there for ten years. City Manager Cheney told the Council they talked to Mrs. Bartlett yesterday, before she could hear about it some other way, and she understood. Councilman deLong moved that the renewal of the Lease Agreement be executed, subject to all of the terms and conditions set forth in the letter from City Manager Cheney to Thomas E. Coffey, dated February 25, 1982. The motion was seconded by. Vice Mayor Trauger. Councilman deLong brought out that this had been going on for quite awhile. Councilman deLong said the City had that piece of property and when they abandoned it to landfill, it was used for the disposal of trash. Councilman deLong recalled~it~went a way back and has been in force for a n%~mber of years~ He. wanted-to find out, in view of the fact that the City is t~an~lo-ck~, if~ there was any possible way that there would be aR~ relief to get away from this. City'Attorney Vance replied that the City would have the power to condemn an access way in. He did not know if that made economic.sense or not. Councilman deLong co~ented that when you figure out how long the City has been paying on the lease, the amountwe~havepaid and this is a continuous thing. Councilman deLong asked-how much further would the landfill property be available. City Attorney Vance could not answer the question. Councilman deLong asked City Manager Cheney if it was the piece of property adjacent to the proposed golf course. City Manager Cheney replied that ~it is. City Manager Cheney informed the Council that when it is used as a golf course, its access will come from the bridge a.cross the canal. Councilman deLong noted that would eliminate the power to condemn. City Manager Cheney said it had been put to five years with the hope that sometime in the next five years, the County will get together on what. they are going to do with their Countywide solid waste problem. If the proposal for resource recovery goes through, as currently planned, Mr', Cheney advised that th~re~ will be in the South County a resource facility at one location. He added that there would also be throughout the County at least two Class 3 landfill areas. City Manager Cheney explained that Class 3 is primarily vegetatiue landfill. Somewhere in the County, out west, City Manager Cheney said.there will be a veg.etativ~ landfill developed~by the Solid Waste Authority, and at that point, the C~ty would not need an~ probably would not build this landfill any more. The City would have to phase it out and let it compact and get it prepared for the eventual expansion - 20- MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 of the golf course, City Manager Cheney continued. we will not have this access problem." He added, "Then Councilman deLong pointed out that what they were talking about now was the total expenditure for five years of approximately $6,000.00. He asked City Attorney Vance what the legal fees would be if the City went in for an Order of Taking. Mayor Harmening remarked that it might not necessarily be the legal fees. Councilman deLong understood that the land would ~have to appraised, but asked City Attorney Vance where the City would be. He asked if it would be the best course to follow. Based upon what City Manager Cheney said, City Attorney Vance said there appeared to be a reasonable probability that Solid Waste would reach a decision in the next five years. City Attorney Vance realized that it had been going on for a number of years but said it seemed to be coming to a head. He advised~that if they go in to condemn a right-of-way, they would have to consider the cost of the actual land they take, and.~.tegal fees. City Attorney~Vance advised that it varies. Councilman deLong felt they would be better off to wait until the completion of the golf course. A vote was taken on Councilman deLong's motion, and the motion carried 5-0. Elizabeth Bartlett, Custodian of the landfil~l, pointed out that if Mr. Coffey locks the gate and Florida Power and Light Company comes to read the light meter or the company with her drink~ing water comes to deliver water every two weeks, they will not be able to get'in because they will not have a key. Mrs. Bartlett informed the Council she has been there for almost ten years and never had any words or trouble with Mr. Coffey. She said her husband3has dealings with Mr. Coffey all of the time, Mrs, Bartlett informed the Council that no traffic comes up the road except the trash truck. She said she has a daughter who lives on Palm Way who goes 'to see her. Mrs. Bartlett requested that a gate not be put up and that she not be locked in. City Manager Cheney advised that the City was in a situation where Mr. Coffey says that if the City wants to continue the lease that access ro'ad, they must put up the gate. ObViously, City Manager Cheney told the Council, Mrs. Bartlett will have a key and they can make arrangements for the water man and others to go in. The situation the City is in is it is Mr. Coffey's land,, and the City wants to use it, Mr. Cheney advised. City Manager Cheney said the City would accommodate Mrs. Bartlett while she is there. Mrs. Bartlett was sure the City had looked into it but informed the Council that her husband went to the Palm.Beach County Courthouse today (March 3), and he understood from the land development office that the right'of~way (as long as it has been there) could not be closed. City Manager Cheney explained that it was not a right-of- way. It is a lease over his land that the City has. City Manager Cheney said the City is simply leasing Mr. Coffey's land. - 21- MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 City Attorney Vance told Mrs. Bartlett she was talking about an easement. He advised that when you use land subject to a written agreement, which the City has (the City has a lease), then there is no prescriptive easement that arises.~ City Attorney Vance told Mrs. Bartlett she'was on there pursuant to a written lease, and the thought that an easement may exist is not applicable. Mrs. Bartlett understood that she has one year from today (March 3, 1982) to stay out there. Mayor Harmening informed Mrs. Bartlett that according to the agreement, she is to be out by the end of February, 1983. Mr. Bartlett talked to '-a ma~n-"-in'-~ Palm Beach today (March 3, 1982). The ima~3inl Palm Beach told him as long as the landfill has been there (25 years like it has), no one could close him out of there if he lived there. Mr. Bartlett said it did not make any difference, as they had to have a right-of-way into there whether the dump is closed or not. Mr. Bartlett repeated that as'long as they have been there and as long as the dump is there (thailand fill), no one could close them out. Mr. Bartlett said they ~ had to have 'a right to go in there whether it was for trash trucks or whatever. City Manager Cheney told Mr. Bartlett it would help if the person he talked to would Write in a letter the words he told Mr. Bartlett so the City could see exactly what question he is answer- ing and what information he is giving the City. City Manager Cheney commented that sometimes peOple give answers without really understanding all of the .~ifications. City Manager Cheney did not know who Mr~ Bartlett talked to bUt said it might help, if it was some official in the County who might give his opinion in writing. Councilman Wright asked Mrs. Bartlett if she spoke with Mr. Coffey. Mrs. Bartlett replied, "No, My husband talks to him all of the time." Mr. Bartlett said he talks to Mr. Coffey all of the time and there was no trouble between them. Mr. Coffey told the Council he does business with Mr. Coffey, He bet in the last year, there have not been fifteen strange cars up there except for the Sheriff's office that comes up about three times a month. Mr. Bartlett did not know what was bothering Mr. Coffey. He said he would rather have someone up therethan not to have anybody up there. Mr. Bartlett said it was up to the Council. Councilmember Woolley noted that the Bartletts would have a key to the gate, so she could see no problem. Mrs. Bartlett pointed out that it would be locked at night time. Councilmember Woolley remarked that Mrs. ~Rartlett would have a key so she could see no problem. Mrs. Bartlett asked what if an emergency came up, and her daughter had to see her. Councilmember Woolley replied that Mrs. Bartlett should have a key made. City Manager Cheney was sure duplicate keys could be made but said there would have to be an understanding on the number of keys that were made. - 22 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 OLD BUSINESS Concurrence to Continue with Solid Waste Resource Recovery Study, together with Boca Raton, Detray Beach, West Palm Beach, and Others City Manager Cheney told th~3~'C~u~c~-~h~ had a report recommend- ing that the City continue its relationship with the other cities in fUnding the feasibility studies for the resource recovery project. City Manager Cheney felt it was very important that the City continue with this. He added that some groups of people in the County have to "stay on the ball" and proceed ekp~di'tio~sly to keep some pressure and direction going~ Mayor Harmening asked if City Manager Cheney was implying that the~Board of County Commissioners do not pay any attention to their details. City Manager Cheney replied that there has been some reluctance on the part of some of the representatives on the Solid Waste Authority to make a decision and move ahead. City Manager Cheney felt it was essential that the City go in that direction and then ~und it. City Manager Cheney pointed out that as long as the City funds it, they have some control over the progress of the study and the direction it goes. City Manager Cheney further advised that there was some discussion that the County might fund some portions of that to do some other things, and he thought that was fine as long~ as they fund- the other thing.s knd~let'~s%con~in~e to fund~t~is. City Manager Cheney had a call this afternoon, which came down from the Florida League of Cities. City~Manager. Cheney said the Council may have read in one of the papers this morning that one of the County representatives at Tallahassee proposed legislation that would ~equire that any disposal facilities of solid waste'be placed in a low density area, City Manager Cheney told the Council that was apparently set aside or tabled in a hearing yesterday (March 2, 1982), but it passed the Senate today (March 3) 37-0. City Manager Cheney did not know where ~ur County Senators were or whether they had'voted, but he was concerned about .it. He added it may come up in the House very soon. City Manager· Cheney advised that if that passed, the City would not have a reasonable resource reco'very plant because Wlhatever~-~-~ low density would ~ean un~er that, it would ben-somewhere o~wh~r~!~there would not be an electric grid or a plant that steam could go to or something of that nature. City Manager Cheney did not know why it was sponsored by a legislator from Palm Beach County but he had the feeling of why i~ might be. City Manager Cheney felt it was because Of~th~iw~ole~.issue ofisotidw~ste resOurce recovery plant location in Palm Beach County. A somewhat logical discussion is going on right now as to where it should be, City Manager Cheney continued. City Manager Cheney predicted that if the bill passes, they would eliminate the opportunity to put resource recovery in a place where there is a market for resource recovery. City Manager Cheney hoped that the Council might authorize him to call members of the House and urge them to not support that kind of legislation. - 23 - MINUTES - REGULAR CITY COUNCIl Councilman deLong asked City an investment in that. City did. He said the City appro~ City Manager Cheney further to go part way then City Manager Cheney informed there, and he thought the dec that which they agreed to do ' recollected that it was somewi $35,000~00. City Manager Chel Councilman deLong thOught, wi' behoove the City tO'continue. funding the Solid Waste Autho~ Study and to instruct the Cit~ Palm Beach County legislative' persuade them to not pass any solid waste locations are con~ the motion. Councilman Wright thought sev and wanted to be involved. H~ to participate. City Manager the process but he did not kn~ Manager Cheney knew the reco~ made. Councilman WEight as~ would it minimize the amount City Manager Cheney answered Mayor Harmening advised it wo A vote was taken on Councilmal carried 5-0, Review of Recent Water Consum "Marty" Trauger Vice Mayor Trauger said he hal on how the City was doing witl District'had'imposed sort of ~ most of the year as long as L~ Cheney passed a page out to tl comparison between January an~ both instances, City Manager, was less than last Year. V'ic~ had any impact. City Manager does but they had not analyze~ CitY Manager Cheney referred sheet, where they could see t they could compare with where note when the restrictions we~ Mayor Trauger noted the City ~ 1982. City Manager Cheney sa. MEETING MARCH 3, 1982 {anager Cheney if the City really had ~anager Cheney replied that the City ~iated the money, and it is there. ~id the City agreed when they started ~ i "~go i-~ ~o~o . decision making. ~he. Council that the City had g~otten [sion should be~to go and finish begin With. Councilman deLong ~ere in the neighborhood of ~ey said that was correct. ~h that much~money invested, it would He moved that the City continue ~ity Resource~Recovery Feasibility Manager and May6~ to contact the delegation to see if they can bills to restrict it insofar as the ~erned. Councilman Wright seconded ~ral weeks Riviera Beach was concerned asked if Riviera Beach had decided Cheney replied that they were in )w if they had acted or not. City ~endation to participate had been if Riviera Beach comes in now, ~hat the City would have to pay. 2hat it would redUce the amount~ ~ld reduce it by about 1/4th. deLong"s motion, 'and the motion tion - Requested by Vice Mayor Walter asked City Manager Cheney for a report water since the Water Management voluntary restriction over the area ~ke Okeechobee is down. City Manager ~e 'Council and asked them to note the February of 1981 and. 1982. In ~heney pointed out the water consumption Mayor Trauger wondered if rainfall Cheney replied that it obviously it. 2he Council to the other si~e of the ~e consumption of 14 months. He said the City is now. He asked that they · e imposed. According to that, Vice ~ould be just about 10% in February, id the City was ~bo~!5~ ~ow. - 24 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 In listening to the radio on the topic of water conservation, Vice Mayor Trauger noted that the City of Juno Beach ~had a water problem. Part of the problem that aggravated them also aggravated Delray Beach. Vice Mayor Trauger said the problem was that the City supplies water to outlying districts within the corporation limits. They paid for the water, Vice Mayor Trauger granted, but said it was still water use. Vice Mayor Trauger continued by saying that while the City imposed restrictions within the City, the people in the outlying districts continued to use water to a great extent, and the City had no power to Police the use or requirements as far as conservation was concerned. In Juno Beach, Vice Mayor Trauger said they more.or less "thumbed their noses" at' the City and kept on running the water out, wide open~, and doing all theywerepayihgund~r contract[.ViceMayorTraugerdid not want the City of Boynton Beach to get into a similar bind. Mayor Harmening remarked it was hard to compare Juno Beach with Boynton Beach. Consider Change Order No. 1 - R & A Project No. 626-681-41 Sanitary Sewer Cleaning and Televising - Contract with Video Sealing, Inc. Councilman deLong noted there was an increase of $10,353.40, and the total adjusted contract price was $25,836.35. He asked if the total price included the $10,353.40. City Manager Cheney replied that it did. Councilman deLong moved to approve the change order", seconded by Councilman Wright. Vice Mayor Trauger noticed %he little map attached to his Agenda. He wondered if Castilla~Lane,s sewage was plugging up the line any more than any others. Mayor Harmening answered that there were some leaks there. They de%ecteditbeeause of-~he~high'~blori~e~com~ent-'i~ ~he W~ter. Councilman deLong told Vice Mayor Trauger he should go and take a look at the operation. A vote was taken on Councilman deLong's motion~ and the motion carried 5-0. Receive Report from-Golf Course Advisory Committee City Manager Cheney informed the Council that the Chairman of the Golf Course Advisory Committee was present and would present their report, based on their last meeting, Mr. Irving Gross, '228 Waterford J, De~ray Beach, appeared'before the Council and read the report attached hereto and made a part hereof. Mr. Gross said the report was submitted' not only by him but by the unanimous agreement of the entire committee. Other members of the committee wished to supplement his report. - 25 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 Councilman deLong wished to ascertaiN whether or not there was any backup available. He recalled that ~everal years ago, when the golf course first .got underway, he.warned and advised the people that unless the City had a backup, they were in bad shape. Councilman deLong pointed out that t around with this for all these years to obtaining a backup, and he though they were when they started. Counci Cheney if the City was in a position City Manager Cheney answered, "Yes." "Then we are in business." City Manager Cheney advised that ne City has been playing without paying any attention t they were at the same place lman deLong asked City Manager to have anything as a~backup. Councilman deLong remarked, discussed with A1 Shepherd as to what'.would be the best way to go. COuncilman deLong asked City Manager Cheney if be was definitely certain that he needed the'backup. City Manager Cheney replied %hat there was no question that if you can have Som~ kind of guaranteei~t~back~ · uP '~. revenue-'bond issue~ City Manager Cheney said they know that, and there had been no secrets or misunderstandings about it. Councilman deLong would not want to 'buy~ ~Ohd~! himself if there was no backup. Councilman deLong moved to instruct ~he~City Manager, in conjunction with the Fiscal A~en~. to make,up ~ recommendation as to.what..~type ofi~.b~ckup~heywa~t"~t°'recOmmend', report to'~the Councilinfulldetail the feasibility of what is recommended, Golf Advisory Committee and place it seconded the motion. ~iee Mayor Trauger commemted that~th he would think, would .ben'to ask theb~ with and without backup, so you can deLong said there was nothing to mak not even go into the market. Vice M deLong did not know for sure, Counc to even attempt to float a revenue c backup on it. Vice Mayor Trauger re authority had not told the City that know, and he thought City Manager Ch man deLong felt they should get a c~ Councilman Wright wanted to see some and Boca Raton also. Councilman deL the floor. Mrs. Padgett interrupted to say some. Benjamin Katz, 2520 N, E. 1st Court, Council to support the golf course, only major city in South Plorida tha course. Mr. Katz advised it was a the City Council by a reputable cons' ~nd to accept the repOrt of the on file. Councilman Wright very purpose of any comparison, ~ding authority~for a comparison ~ee something. Councilman a comparison on, as you could ~yor Trauger said'Councilman ilman deLong said'it was folly ertificate unless there is a ~orted that the bonding Councilman deLong said they eney realized it also. Council- nprehensive report on it. information from Delray Beach Dng said there was a motion on ~ne wished to speak. Boynton Beach, urged the City He said Boynton Beach was the does not have its.own golf ~i~b~A project, as reported to ~lting firm. - 26 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 Mr. Katz reported that there are established.city courses which are profitable. Mr. Katz saw nothing less for the City of Boynton Beach. Based upon the experiences of some of the courses, Mr. Katz believed revenue for the future would come to the City. Alfred Peiffer, 1802 Ocean Drive, Boynton Beach Leisureville, advised that he was a retired stock and bond broker and had been involved in past years with the underwriting of bonds. Mr. Peiffer assured the Council that the difference between unbacked up bonds and ones that had the backing of the City is about (in today's market) about three points. Three points works down to the fact that the $4,000,000.00 issue would be $120,000.00, Mr. Peiffer advised. Mr. Peiffer further advised ~that what the City ~ould do, if they do not back it~up, is to give $120,000.00 away. He told the Council if they back it up~ in the event of an emergency, they would be called on. The way golf courses are now, Mr. Peiffer informed the Council that no one will be building any more golf courses so the demand for golf courses will be great, and time is of the essence of this problem. Mr. Peiffer told the Council they should see their way clear to pass it tonight so they could get on with it and start building the golf course. Joseph Sciortino, 525 North West 7th Court, Laurel.Hills, Boynton Beach, Chairman of the Golf Course Advisory Committee, advised that he works at the Delray BeachCountry Club, They made a sizeable profit last year for the City of Delray Beach, Mr. Sciortino told the Council, Unfortunately, Mr. Sciortino said it goes into the General Revenue of the City. He thought the money would be put back into the support of the golf course, where it is needed, in the City of Boynton Beach and where Delray Beach should have put it. Mr. Sciortino advised that Boca Raton was averaging between 200 and 250 people a day playing golf and they~have over 525 memberships sold. As of today (March 3), the City of Boynton Beach had 253 Boynton Beach residents who paid the_S50.00 fee for annual permits and 193 for the County, which totaled 446, without a spade being put Lnto the ground, without the bond issue being sold, and. without the golf course being a reality, The interest in the County and Boynton Beach for the golf course is being demonstrated-greater in Boynton Beach than in Boca Raton, Mr, Sc±ortino thought. Mr, Sciort±no thought that was very encouraging, He went to different communities and met with the people to ask them if they would support the bond iSsues for the golf courses in Boca Raton and Delray Beach. In both cases, the-cities chose to support the bond issues by using non-ad valorem~tax money revenue which, in the cities' cases,.were franchise taxes collected by Florida Power and Light Company and Southern Bell. Based on the track records of BOca Raton and Del~ay BeaCh and what Mr. Sciortino considered extremely encouraging interest shown without any promotion on the part of the City, he felt there would be no problem in Selling the bonds, At every meeting, the Golf Advisory Committee wondered if they - 27 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 should advertise for applications for the per against it because ir'has been a steady, regu Mr. Sciortino noticed that people are coming an orderly manner, not disrupting the City's Sciortino actually felt the golf course wilt thought the problem right now was that most c city are not convinced it will be a reality. As Mr. Peiffer said, it seemed foolish to M~ away a sizeable amount of money every year ~ increasedfees, green fees, and membership duc reality to make up for the fact that the Cit~ faith by backing the bond issue. Mr. Sciort~ Council would see fit to support the findings Advisory Committee. mits. They decided lar, interesting flow. in and signing up in business. Mr.· be a reality. He f the people in the . Sciortino to throw ~ta×the di~izens~through s to make this a 'will not show its no hoped the City of the Golf Nick Cassandra, 2554 S. W. 10th Court, Boynton Beach, wanted to hear a report from City Attorney Vance or Ci~ the legality of the City backing the golf is~ monies. One way or the other, Mr. Cassandra ballots stated, "No City tax monies will be ~ course." Mr. Cassandra ~said he would like a next meeting. He wondered if the~City can d( to do. City Attorney Vance said it was his understa~ no intention of using ~tax money. In the evei Psires~.toqua~ante~ the¥iss~e~o~-p'ledg~ additional intention of using tax money~,~City Attorney He advised they would simply utilize revenue monies from the State, etc. Mr. Cassandra commented that he would be liw for a long time and hoped he would have enou~ ~y Manager Cheney on ~e with City tax thought the straw [sed for this golf report on it at the what it is proposing ding that there was ~t the City Council de- ~evenues, there is no ~ance reiterated. sharing funds or ~g in Boynton Beach money to live here. The motion carried 5-0. NEW BUSINESS Consider request from Chamber of Commerce - N' E. Second Avenue, N. W. Second Avenue, New~B°ynton Road, BoyntOn Road West, State Road 804 to be changed t° "Boynton Beach Boulevard" from Intra- coastal to Highway 441 ! _ Councilman Wright thought this was a great i~ea. Councilman deLong moved to lay the question on the table. ~he motion was seconded by Councilmembe~ Woolley and carried ~-~.with Councilman Wright voting no. - 28 - MINUTES ~ REGULAR CITY COUNCIL MEETING MARCH 3, 1982 Discussion about Future Board Appointments ~ Requested by Councilman SamUel Lamar W~igh~ Councilman Wright recommended that the Council delay making Board appointments until the second meet±ng'in'April', He also wanted the attendance reports made available at the end of 'the month to members of Council and to newly elected Vice Mayor Warnke so they can all have a chance to study them prior to making the appoint- ments. Councilman ~Wright changed his recommendation to a motion. Councilmember Woolley seconded the motion, and the motion lost 3-2, with Mayor Harmening, Vice Mayor Trauger, and Councilman deLong voting against the motion. Appointment to Trustees to the Firemen's Pension Fund - requested by Mayor Edward F. Harmening Mayor Harmening asked the Council to remove the name of Peter Vargas as a Trustee, as he never attended a meeting, and who is currently residing in California. Councilman deLong moved to remove the name of Peter Vargas as a Trustee to the Firemen~s Pension Fund. Councilman deLong said he knows Mr. Vargas is in California, Vice Mayor Trauger seconded the motion, and the motion carried 5-0. Mayor Harmening announced that the Fire Department asked that Lester W. Ackley~ 235 High Point Boulevard North, Boynton Beach, Phone Number 737-0214, be appointed because he has background in investments. Councilman deLong moved that the nominations be opened, Vice Mayor Trauger seconded the motion, and the motion carried 5-0. Councilman deLong moved to accept the recommendation of Lthe Fire Department and nominate Lester W. Ackley as Trustee to the Firemen's Pension Fund. There~we~e no additional nominations. Council/nan deLong moved ~that~the nominations be closed, seconded by Council- member Woolley. The motion carried 5-0. Mayor Harmening announced that Lester W. Ackley, 235 High Point Boulevard North, Boynton Beach, Florida, was appointed as a Trustee to the Firemen's Pension Fund. ADMINISTRATIVE Approval of Budget Transfer - Management Intern TABLED Councilman deLong moved the question from the table, seconded by Vice Mayor Trauger. Motion carried 5-0. Vice Mayor Trauger moved the acceptance of the budget transfer, as recommended by the City Manager. The motion was seconded by Councilmember Woolley. Motion carried 5-0. - 29 - MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 Acc'ep~I D'onation from Boynton' B'each B~oat Club Councilman deLong moved, secOnded by Vice Mayor Trauger, to accept the donation of $250.00 from the Boynton Beach Boat Club'with a letter of thanks and to take into consideration the facility~ improvements they p~opose. Councilman Wright wished to hear from staff as to whether they had made a determination of what needed to be done based on the recommendation. City Manager Cheneyasked CharTes Frederick, Director~of Recreation and Parks, whether any decision had been made as to how the money should be used. Mr. Frederick replied that a final decision had not been made as yet. Councilmember Woolley asked who was in the Boat Club. Vice Mayor Trauger answered that anyone in Boynton Beach could be in it. Councilman deLong asked Councilmember Woolley ~f she had a boat. Councilmember Woolley did not have a boat. Motion carried 5-0. ConSider Request from Community Relations Board - Funding for "Youth in Government Day" Luncheon Councilman deLong moved, seconded by Vice Mayor Trauger, to grant the request of the Community Relations Board and authorize the expenditure of approximately $250,00 for the purpose of paying the cost of a small luncheon for "Youth in Government Day," Councilman ~Wright commented that it was a beautiful program. Motion carried 5-0. consider Canal 'Services by Joyce Environmental Consultant, Inc. Councilman deLong Said he read the proposal over very'thoroughly and he felt the City would be getting its' money's w~rth. Mayor Harmening thought the CitY could get its' money'.s worth if they do a good job. He asked what the final charge would be. Council- member Woolley replied $915.00 per month. Vice Mayor Trauger thought that was very good. City Manager Cheney informed the Council that he had received very good reports. Councilman deLong moved, seconded by Vice Mayor Trauger, to accept the proposal from Joyce Environmental Consultant, Inc. and~authorize a month to month contract at $915.00 per,month for the remainder of the fiscal year. Motion carried 5-0. Request for Temporary Trailer - Ridge Pointe Woods Development, Submitted by ArnOld A. Moretto, Owner Request for Temporary Trailer - Lipscomb Plumbing, submitted by Donald L±pscomb, President - 6'11 Industrial Way - 30 - MINUTES - ~REHULAR CITY COUNCIL MEETING MARCH 3, 1982 Councilman deLong moved thatthe-requests for temporary trailers be approved, seconded by Vice Mayor Trauger. Motion carried 5-0. Request for Refund on Cemetery Lot Councilman deLong moved, seconded by Counci.lzaember' Woolley, that the refund on Lot 30, Block F, Boynton Beach Memorial .Park, be granted, subject to the usual discount of 20%. Motion carried 5-0. Approval ~of Bills City Manager Cheney read the following bills for approval: Allen Insurance Agency Second installment on Public Officials & Employees Liability Insurance Pay'frcm General Fund 001-195-519-40-48 $ 7,070.00 Allied Univer.sal Corp. Chlorine for Water Treatment Pay fr~nWater & Sewer Rev. Pay frcm Bristol Springs 401-332-533-30-63 407-353~535-90-12 1,813.05 96.66 1,909.71 Board of County Cca~issioners For use of County Landfill for January, 1982 Pay frcmGeneral Fund 001-341-534-40-9A 17,631.00 BoyntonPump & sUpPly For various Spr~ers & Covers Pay frcm GeneralFund 001-000-247-IJ-00 Per bid 1/11/82, Council approved 1/19/82 4,762.36 CurtinMatheson Scientific, Inc. Sterilizer for Water Treatment Pay frcm Water & Sewer Rev. 401-332-533-60-42 1,524.10 Davis Water & WaSte Ind., Inc. For Odophos Liquid No. 1 delivered to pumping statiOns Pay frcm Water & Sewer Rev. 401-352-535-30-65 8,300.00 DeBra Turf & Industrial Equip, Co, 1 Hustler Tractor & 1 Fayette T~ailer Pay from Fed. Rev. Share 320-722-572-60-41 Per bid 1/11/82, Council approved 1/19/82 9,790~00 Elke corporation SoftwareLicense Agreement Equipment Costing and Maintenance System Pay from GeneralFund 001-000-247-1B-00 3,500,00 Hesco Sales, Inc. Several Containers for sanitation Dept. Pay frcm Sanitation Cap. Replace. 103~411-541-60-9B Per bid 12/8/81, Council approved 12/15/81 - 31 - 9,813~00 MINUTES - REGULAR CITY COUNCIL MEETING .MARCH. $, 1982 Hunters Run Annual Board Dinner Pay frc~ Publicity Fund 101-191-519-40-5H I.B.M. Corp. System 34 Rental for February, 1982 Pay frc~ various accts. General Fund Koblar Constructors & Engineers Est., I MG Water Tank & Booster Station Pay from Utility General Fund 403-000-169-01~00 S. I. Lime Company Lime for Water Treatment Plant Pay from Water & Sewer Rev. 401-332-533-30-65 O'Brien, Suiter & 0'Bt±eh, 'Inc. Replat of Portions of the Plat entitled Municipal Cemetery Pay from B.B.M.P. 631-399-539-40-68 Palm Beach. County SOlid Waste Authority Proportionate Share of costs incurred feasibility study Leonard S. Wegman Co., Inc./Barker, Osha & knderson, Inc. Pay from Federal Revenue Sharing 320-195-519-40-6I Palm Beach 'NeWSpapers, Inc. Legal Ads for month of January, 1982 Pay from General Fund 001-122-512-40-75 Ranger COnstructions Industries, .InC[ 'ESt. $1 Street Rcsurfacing P. O, 52912, County P.O. 26686 Pay from General Fund 001-411-541-60-3N Council approved 12/1/81 Video & Sealing Inc. Est. $2 PrOj'.~ 626~681-41-1 For Sewer Cleaning & Television 10/19/81 to 12/18/81 Pay from Utility General Fund 403-000-169-11-00 75% reimbursible from EPA Ernst & Whinney Interim' b~lLng for professional services in JanuarY, 1982 for year ended 9/30/81 Pay from General Fund Pay from Water & Sewer Rev. 3,290.00 2,920.00 Yon Hagge & Devlin, Inc. Inv. 223 Phase II Municipal Golf Course Pay from General Fund 001~000-115-96-00 Is~h Andrews Driver for Senior Citizens - 3 wks. Pay from'Federal Revenue Sharing 320-~ Ordinance #73-15, passed 5/15/73 41-564-40-5A - 32 - $" 4,550,40 6,213,00 135,468.31 7,065 .. 06 1,200.00 12,443.50 2,357,12 50,362.05 . 11,135.31 6,210.00 11,000.00 210.60 MINUTES - REGULAR CITY COUNCIL MEETING MARCH 3, 1982 Willie Ruth McGrady Server for Senior Citizens Club - 3 wks. pay frcm Federal Revenue Sharing 320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 $ 201.60 City Manager Cheney added the following bill, which he asked the Council to approve, pending the approval of Perry Cessna, Director of the Utility Department: R. J, Sullivan Corporation WOrk being done at Water Plant on Ch~nical Feed System 403-000-169-01-00 29,870.73 Councilman deLong moved that the bills, having been found to be in order, be paid, with the exception of R. J. Sullivan Corporation, which~the Council wOul~'~.a~Cept, subject to the final approval, subse- quent toEthismeeting, by Perry Cessna, Utilities Director, and Peter Cheney, City Manager. Vice Mayor Trauger seconded the motion. No discussion. Motion carried 5-0. Disinterment at the Cemetery - requested by Peter L. Cheney, City Manager City Manager Cheney informed the Council that this was a request from Clifford Girschick requesting the disinterment of the body of Catherine M. Girschick from Lot 593A, Block N, Boynton Beach Memorial Park Addition ~1, to be entombed'in the BQynton Beach Mausoleum. Councilman deLong moved, seconded by Vice Mayor Trauger, to approve the request for disinterment. Motion carried 5-0. ADJO'U~RNMENT Vice Mayor Trauger moved to adjourn, seconded by Councilman deLong. The motion carried 5-0, and the meeting properly adjourned at 9:35 P. M. CITY OF BOYNTON BEACH By~~/~ or Counc ±~membe~ - 33 - MINUTES - REGULAR CITY COUNCIL MEETING ATTEST.: r ~ity Clerk Recording S~etar y (Thre~apes) MARCH 3, 1982 - 34 - REPORT OF GOLF ADVISORY COMMITTEE to BOYNTON BEACH CITY CO~CIL 2-p.Appendage to Minu~s of 3/3/82 City Council Meet. (see page 25) It is almost thre~ years sinc~ the Boynton Beach Municipal Golf Course b~gan ~o take shape. First, it was the favorable straw ballot, after which, the l~nd was secured; then came the feasibility study, hiring of architects, and finally Eetting construction bids to complete th~ 27 hole golf course, clubhouse, pro shop, and all the other ~enities that mak~ up a go±f~Dompi~x. Evemything is now in place penaing the sale of a $~uO0,0o0 bond issue. However, it appears we will no~ complete' the sale for several reasons° i. This is a golf course rsvenue issue and is almost impossible to insure. It i~ also very unique, I could not find a s'i~iiar successful issue~ 2. Tho bond iS~sue will not b~ ra~d~ so that in order to b~ salabIe, the issue must have a much higher coupon than the going rate. 3~ The current rate for high rated or insured bond~ is between 12~ and lDO.~ I~ ts probable .this bond issue could only sell at a rate of 15% or higher. 4.~'c~.~ 4. Since th~ budget a~d fee structure is bassd on a 12~.bO~d. LiSsue, and sinc~ every additional point would mean an in- crease of $56 per member per year, it would mean a out in member- ship spplications add hinder the bond saleo 5. Our proposed fees are higher than any municipal course in the county, includiug De!ray Beach and~ Bo'ca Raton~ We believe the golf course with the proposed rates of