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Minutes 11-03-81MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, NOVEMBER 3, 1981 AT 7:30 P. M. PRESENT Edward F. Harmening, Mayor Walter "Marty" Trauger, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmembe~r Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Betty Boroni, Deputy City Clerk James Wolf, Assistant City Attorney Mayor Harmening called the meeting to order at 7:30 P. M. He said the invocation would be given by Rev. Paul Dufford, Sr., St. John's United Methodist Church, followed by the Pledge of Allegiance to the Flag, to be led by Councilman Samuel Lamar Wright. AGENDA APPROVAL Vice Mayor Trauger wished to raise a question ~regarding "Restaurant Inspections"f which.was~added as "G." under "OLD BUSINESS" Under "X.. ADMINISTRATIVE", City Manager Cheney requested that "F. Request for Refund for Cemetery Lots 191 & 192, Block E," be deleted. Mr. Cheney wished to amend "G" to read, "G. Request for Transfer (~not Refund) for Cemetery Lots 160 & 161, Block B." Councilman Wright received a letter from Raymond C, Sittig, Executive Director, Florida League of Cities, Inc. that~was added under "VIII. OLD BUSINESS" as "F. 1." Councilman deLong moved the adoption of the Agenda with the additions and deletions. Councilmember Woolley seconded the motion, and the motion carried 5-0. ANNOUNCEMENTS Mayor Harmening announced that City Hall will be closed on November 11, 1981 in observance of Veterans Day, Proclamation - November 11, 1981 - Veterans ~Day Mayor Harmening read %he above Procl.amation. Proclamation -' December 5, 19'81 - A.A.R.P, "Free Health Fair Day" The above Proclamation was read by Mayor Harmening. MINUTES Regular City 'Council~ 'Meeting 'Minutes of ©ctober 20, 1981 MINUTES - REGULAR CITY COUNCIL MEETING 'NOVEMBER 3, 1981 CounciLman deLong moved, seconded by Councilmember Woolley, to adopt the minutes as submitted. Motion carried 5-0. PUBLIC AUDIENCE Mayor Harmening announced that if anyone in the audience would like to address the Council on any item not on the Agenda; they may do so at this time. Hie added if anyone would l±ke to speak on any item on the Agenda, to please give their names to t~he City Clerk, and they will be called upon when that item becomes the regular order of business. Dr. Richard S. Carrington, 4775 QuailwoOd Crescent, Boynton Beach, came before the Council to give them some insight of the coalition of the West Boynton Residential Association, Most of the informa- tion Dr. Carrington had was from excerpts from the press~ which can sometimes be misunderstood and misread. When~r._~Carri_ng~gn~rived in Boynton Beach a couple of years ago, there were a number of little islands surrounded-by canals, trees, and artificial barriers. Each was a community within itself. It occurred to Dr. Carrington that something akin to an ad hoc committee that would represent the entir~ area was needed until such time as a duly constituted body would take over control of the area. Dr. Carrington organized a coalition. 13 communities are members, who have duly constituted delegates to the Association. The delegates deal with the problems that confront the entire western area. Dr. Carrington stated he would be glad to enumerate the areas if the Council wo~ld be interested. Dr, Car~ington informed the Council that whether or not they accept the fact, the western area is an integral part of greater Boynton Beach. They are within the land acquisition area. Boynton Beach supplies them with water and sewer service but they feel as if Boynton Beach treats them as "country cousins". E~en though water and sewer service is provided at no loss to the City and even though approximately 10,000 residents in the western area spend approximately $2,500,000.00 in the City of Boynton Beach each year, they are still denied access to the beach, so Dr. Carrington said they are treated as "country cousins". Dr, Carrington sa±d the residents were concerned that the Council discusses among themselves the destiny of the we~stern area without any input from the people in that area. Dr, Carrington said the residents will develop their own political destiny, They have no plans to immediately file a charter. By the same token, they are not going to run out and apply to the City'of Boynton Beach for acquisition, They are happy with the way it is at the present time until the growth demands that some action be .taken. Dr. Carrington informed the Council the residents wilt resist any efforts on the part of the Council of Boynton Beach to annex one square foot of that area.. They do not think Boynton Beach has anything to offer at this point and time other than higher taxes. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 Dr. Carrington noted talk about added police protection, yet friends in Leisureville inform him in order to control rampant crime, elderly citizens are OUt patroling the streets, risking their lives. They do not need that kind of protection. Dr. Carrington said he would be very happy to have any member of Council at anytime si~ down and talk to the duly constituted officers of the coalition in order~to reach a better understand- ing. They are in the process of incorporating the coalition~as a non-profit corporation to insure that it remains in place until such time as a duly constituted governmental a~thority-~i~e~e~and administer the area, Mayor Harmening responded that the City could not annex the area at the present time as under State law, they would have to be contiguous, However, the City regularly does have. requests for annexation, and the City.should stay apprised of what is go- lng on in the western area. Mayor Harmening was sure that any remarks made by Council were not directed to any of the communities in.-_~he ~oalition. Mayor Harmening further said that the City would be glad to let the western area use the beach if there were enough parking spaces. A lot of people are being singled out because there is not enough room for even the City residents. The people are welcome to come at no charge if they'walk up to the beach or are dropped off, but there is inadequate parking, Dr, Carrington pointed out that the press said the Council authorized an analysis and study of the western areas to see if it would be feasible or desirable to annex some of the. areas. · ' ~ In deference to Vice Mayo~ Trauger's slip, "if-they.are the kind of people'that you want in the City~" Dr. Carrington told the Council they could save the taxpayers' money beca~se tKe[C~alition did'~.not want the City out there at this time, They have enough problems, Mayor Harmening advised Dr. Carrington that the City has an on- go!ng policy of keeping advised of the undeveloped lands in the west, and people are coming in from time to time requesting annexation, so the City is trying to keep abreast of it and well advised, Vice Mayor Trauger~ said his remarks at the last meeting were taken entirely out of context. He was trying to develop informa- tion intelligence as to the areas of people, how much-it might cost, and what they would need. He ~always felt better' decisions cOuld be made when all the information was at hand than to suddenly have to make it up when someone is seek±ng to annex. Vice Mayor Trauger said the,- City is not seeking but if someone is seeking, the City would like to know something about them. That was all his comments meant. Dr. Carrington understood the explanation made by Vice Mayor Trauger but some of their people were very sensitive to some of. the tax--remarksthat-weremade, Mayor Harmening stated that people in the City were sensitive in the same area. -3- MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3,; 1981 Vice Mayor Trauger said Boynton Beach had the lowest per capita tax in the area. Harlan B. Pierce, Scout Master, Troop 395, Boy Scouts of America, who haS been with the Scouts for the past nine years, came forward with-his troop of scouts. They found a lot of improve- ments made and wished to express their appreciation to the City for the remodeling of the Scout hut. They presented a certificate to the City. Mr. Pierce said Troop 395 was one of the oldest troops in the area. It celebrated its 25th birthday on January 31, 1981. The Troop is sponsored by the Lions Club. BIDS Policemen, Firemen and-Workmen Uniforms City Manager Cheney said several bids were before the Council. Jeffrey Green, Manager of Special Markets, G6~ment Corporation of America, 9150 S. W. 87th Avenue, Miami, Florida 33176, and David J. Shulevitz, Attorney at Law, Mora and Freeman, Suite 402, 2050 Coral Way, Miami, Florida 33145, representing Garment Corporation of America, wished to raise some questions about the bids, Attorney Shulevitz informed the Council that Bill Sullivan, Purchasing Agent for the City, recommended that the City distribute uniforms by Barker UnifOrm Co. He wished a reevaluation and protested the recommendation. Mayor Harmening asked what the basis for the protest was. Attorney Shulevitz replied that Mr. Sullivan contended that the garment submitted by Barker Uniform Co, was better made and more durable. Attorney Shulevitz said there was one difference between the two garments, which had nothing to do with durability. It was merely a cost savings technique used by the manufacturer that supplies Barker Uniform Co, Mr. Sullivan has recommended that the City pay approximately $3.45 extra for a garment which only reflects Ba~ker's markup and not a better garment, Attorney Shulevitz advised. Councilman deLong felt the bids were conducted competively and that this course of action was out of the ordinary. Attorney Shulevitz asked that Mr. Green be-allowe~ to speak and said it would be a great mistake to pay the extra money when the City could buy direct from the manufacturer, and buy the same garment. Councilman Wright wished to hear Mr. Green. City Manager Cheney said the difference was $2.75. Mr, Green stated the City would be wasting the taxpayers money by approximately $2,750.0~ and he could not see why that money should be spent, by giving it to a company that says they have a better garment, -4- MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1R81 Mr. Green offered to allow the City to test the garments at no cost to the City. Mr. Green showed the basis of their argument, Pieces of cloth are cut from a pair of pants, causing two stress points, to cut costs. Garment Corporation of America has two more seams on a pair of pants. Mr..Green said bids were to get compet!tiV~ bids and a bid on something the City has specified, Mr, Green felt their bid met and exceeded the specifications requested by the City but they were being denied the awarding of the bid, City Manager Cheney acknowledged that Garment Corporation of America submitted a formal bid but-the purpose of the bids are to get the best prices and also.the best products, Mr. Cheney admitted that pants that cost $2.7.5 more are being recommended, but for the reason that Bill Sullivan had information up until today (November 3, 1R81) that ~he cloth in the crotch~made the pants look better and more comfortabl~e, The complaint was heard in the morning and checked by phone by Mr. Sullivan, A seam- stress advised that the pants'that had-the~added piece of cloth was a better make, better style, and more comfortable, City Manager Cheney said the'uniform business was very competitive, City Manager Cheney further explained that the sewing arrange- ment was not precisely specified as to the crotch of the pants. Garment Corporation of America was to have a company somewhere in Miami for supplying pants, In checking, they did not have a contract and it was not' the case, Many municipalities in Miami are coming together with joint specifications on this type of matter, They will be ready to submit a jointly conceived "spec" for most of the cities today. It would be put out into a total bid, and City Manager Cheney told the Council they could wait until that time, Dade County buys 500,000 uniforms on the ~ame "spec". BOynton Beach can do the same thing, City Manager Cheney informed the Council that Bill Sullivan, Purchasing Agent, was not at the meeting because of the death of a close friend. He recommended that the bids be rejected and the Council wait. City Manager Cheney advised there were enough uniforms to last two months from now. Councilman deLong asked Mr. Chene~ if-he had reviewed the pro- test. City Manager Cheney said the protest had not been re- ceived until today (November 3) and it was reviewed during the day. Bill Sullivan made phone calls all day and ~fett ithe higher priced pants were worth trying, but they were also willing to forget the whole thing for two months and follow the Dade County method and see what happens then. Mayor Harmening was in favor of awarding the bid to Barker, but stated if the rest of Council wished to wait, it was all right with him. - 5 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 The members wished to wait. Mr. Green emphatically informed the Council that the piece of material placed in the crotch in no way strengthens the durability of the garment. City Manager Cheney said the other company Mr. Green'wished them to call was representing his own company, Mr. Green said his garments normally last for two years and are constructed for the industrial laundry. Assistant City Attorney Jim Wolf advised the Council to wait and get more'information on the uniforms. The Council has the right to reject bids at any time. Mr, Green interjected that Dade County was changing their speci- fications to meet the Garment Corporation of America specifications. He said they do have a contract with Dade County. Councilman deLong moved, seconded by Vice Mayor Trauger, to throw the bids out and rebid. Motion carried 5-0. City Manager Cheney asked for an interpretation Df the motion. He was informed th~ mot±on was just on the Workmen's Uniforms, but not the Police and Fire Department Uniforms. Vice Mayor Trauger moved to accept the recommendations of the Tabulation Committee for the Firemen and Policemen Uniforms, as stated by the Tabulation Committee on the opening of the bids of October 27, 1~81, Councilman deLong seconded the motion, and the motion carried 5~07 PUBLIC HEARING ~ 8':00' P, M, None, DEVELOPMENT 'PLANS Final Plat - Motorola PID located at the corner of North Congress Avenue and N. W. 22nd Avenue TABLED Mr. Cheney advised the Council to leave this matter on the table. Preliminary Plat - Lake Eden Heights, submitted by Burl Gentry for Summit Investment, construction of 12 single family lots on 3.5 acres located on the east side .of Swinton Avenue between. S, W, 34th Avenue and S, W. 35th Avenue When this plat went to the Planning and Zoning Board, Mr. Carmen Annunziato, City Planner, said one matter was remaining to be resolved. That concerned se~ti~g the land value for the Recrea- tion and Parks dedication purposes. The applicant submitted an appraisal indicating the land value be set at $28,915.66 per acre. The recommendation to Council is that the plat be approved., subject to staff comments, and that the land value be set at - 6 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 $28,915.66. Councilman deLong ~oyed to approve the preliminary p~atin accordance .~ith~"the-unanimous recommendation of 'the Planning and Zoning Board, subject to staff .comments, and that 'the land valu- ation per acre for Recreation and Parks dedication purposes be set at $28,915.66, Vice-Mayor Trauger seconded the motion, and the motion carr±ed.5~0, Site Development Plans - Dolphin Plaza, submitted by Chris Francois, Owner - Construction of' 5,147 Sq, Ft, Retail Facility at 115 South ~ederal Highway Mr, Annunziato informed Council that the above item had gone before the Community Appearance Board and comes to Council with .a posit±ye recommendation. The request is to construct a retail facility on U. S. at 115 South Federal Highway (more commonly known~as the Dolphin Bar). The existing building will be removed from the site. The building will be constructed somewhat to the rear or west of the property. The Planning and Zoning B6ard unanimously recommended that the plans be approved subject to the following comments: Engineering Dept.: "Subject to larger pipes with drainage elevations. Police Dept,: "Subject to stop signs at exits. Public Works Dept.: "Power lines interfere with safe operation of dumpster. Might possibly move locations. Mr. Annunziato explained that the dumpster was to be located in the northwest corner of the p~opert~, There is a pow~ line some- what over the top of where the dumpster, would be located and, apparently, the power line is low, This .problem has to be worked out with the power company and the owner, Vice May~r Trauger was told by Mr. Annunziato that the architecture would be contemporary, Mr, Annunziato further informed the Board that it meets the current Landscape Code, Vice May0r Trauger moved that~theSite development plans be accepted, subject to staff comments. Councilman deLong seconded the motion, and'the motion carried 5-0, Site Development Plans - Modification of existing Ascension Lutheran Church at 2929 South Seacreat Boulevard, construction of 434 seat church, submitted by Ferguson, Glasgow & Schuster, Architects Mr. Annunz[ato told the Council that the proposal called for the construction of a 434 seat church and the reconstruction of the MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 existing building internally plus the addition of parking and land- scaping. Some driveways will be deleted and others added. The plans went to the Planning and Zoning Board with the recommendation that they be approved sUbject to staff comments as fOllOws: Building Dept,: County Engineer turn-out approval. 2. Water Management approval. 3, Please-see City Engineer's requirements for water run-off." Engineering Dept.: "Paving and drainage, with calculations._" Police Dept.: "1. North Entrance/exit - Should be marked ~No Deliveries~ or in some way to alert drivers of trucks that clearance under the canopy is only ll feet. 2, Security-t±ghting on buildings, 3, Traffic control signs." Public Works Dept.: "Dumpster in lieu of garbage cans ~ see Public Works Dept, for pad size." Energy Coordinator: "Recommend Energy-Efficient H,P. Sodium Vapor Lighting." Mr, Annunziato informed the Council that the plans went to the Board of Adjustment several months ago, requesting a variance to the height for the sanctuary, at which time the height variance was granted between 25 feet and 45 feet, In addition, the applicant is requesting Council to grant a he~ght'exception for the church spire, which will amount to an additional .54 feet over the 45 feet, The spire is not voluminous but is a configuration of a cross, Mr, Annunziato read the recommendation from the Planning and Zoning Board as follows: "The Planning & Zoning Board unanimously recommended that'the Site Development Plans for the AScension Lutheran Church be approved subject to staff comments. , , , The Board further noted that the applicants had appeared before the Board of Adjustment and secured a variance to the district height regUlations from 25 ft. to 45 ft. In addition, the Board would like to bring to the attention of the City Council that their recommendation for approval is predicated upon the City Council approving a~ exception to the district height regulation for the Church spire which exceeds 45 ft. in height, Said exception is permissible under Section 4F Height Limitations and Exceptions of Appendix A of the Code of Ordinances." - 8 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 Mr. Annunziato said the 45 feet would not be a detriment to residential areas to the north and west. Vice Mayor Trauger moved to accept the site development plan, subject to staff comments. The motion was seconded by Councilman deLong. Councilmember Woolley and Councilman Wright wanted to see pictures of the church. Jim Ferguson, Architect, of Ferguson, Glasgow, Schuster, Architects, Coral Gables, thought they presented an attractive sanctuary. There is a 13 foot drop from the high part to the low part. The high part was reserved for the final sanctuary. There is no such thing as a Church Zoning in the City Code, Mr. Ferguson informed the Council. The zoning has-- only a 25 foot height and they have an exception to go 45 feet, which is part of the building. The othsr 54 feet is primarily a cross. It is very light and not heavy. A vote was taken on Vice Mayor Trauger's motion to accept the site plan. The motion carried 5-0. Councilman deLong moved that the City Council grant the height exception providing the height exception does not adversely affect this property or the surrounding, property, and it is bene- ficial to the property. The motion was seconded by Councilmember Woolley and carried 5-0. Site Development Plans - subm±tted by Carmen Annunziato, City Planner, City of Boynton Beach, to construct a One Million Gallon Ground Storage and Booster Station - Located at ~oolbright Road west of Congress Avenue Mr. Annunz±ato said the plans had been reviewed by the staff and come with the following comments: Engineering Dept.: "Paving and drainage regulations." Police. Dept.: "Subject to security lighting, because area is fenced and unable to be pat.rolled." Energy Coordinator: Recommend Energy-Efficient H.P. Sodium Vapor Lighting." Mr. Annunziato advised that the plans went to the Planning and Zoning Board with a positive recommendation, and it went to the Community Appearance Board and comes with a positive recommenda- tion. Councilman deL0ng moved to approve the site development plans, subject to staff comments. Vice Mayor Trauger seconded the motion, The motion carried 5-0. - 9 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 81-36 Re: Amending Section 55 of the Charter of the City of Boynton Beach, Compensation for the Mayor and City Council Assistant City Attorney James Wolf read proposed Ordinance No. 81- 36 on second and final reading, by title only: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING' SECTION .55 OF THE CITY CHARTER OF THE CITY OF BOYNTON BEACH, COMPENSATION FOR THE MAYOR AND CITY COUNCIL, BY PROVIDING THAT THE MAYOR AND MEMBERS OF CITY COUNCIL SHALL BE PAID $250,00 PER MONTH; PRO- VIDING FOR AUTHORITY TO CODIFY AND FOR OTHER PURPOSES," Mayor Harmening asked if anyone in the audience wished ~o speak in favor of the proposed ordinance and received no response, He asked if anyone in the audience wanted to speak in opposition to the pro- posed ordinance and received no response. Vice Mayor Trauger moved to accept proposed Ordinance No. 81-36-on second and final reading, seconded by Councilmember W©olley. No discussion. Mrs. Boroni took a rbll call vote on t.he motion as follows: Councilman deLOng~ - Aye Councilman Wright - Aye Councilmember Woolley - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Motion carried 5-0. Ordinances - 1st Reading None. Resolutions Proposed Resolution No. 81- Re: Endorsing Concept and Develop- ment of a Day Care Service Facility by Provident Missionary Baptist Church TABLED It was decided that this Resolution shoUld remain on the table. Councilman Wright added that the Council would be hearing from the Church by the next Council Meeting. - 10 - MINUTES - REGULAR CITY COUNCIL MEETING ~NOVEMBER 3, 1981 Proposed Resolution NO, 81- Re: Day Care Center -' Requested at Last Council Meeti'ng ...................................... City Manager Cheney explained that at the last Council Meeting, Day Care funding was discussed, and the Mayor Said, if necessary, to let the County know that a Resolution would be forthcoming, City Manager Cheney had conversat~ions with %he County, as indicated later on by a memo in the Agenda, Mr, Cheney did.not think the Council would have to pass a Resolution, Councilman deLong wanted to pass a Resol-ution and hand deliver it to the County. City Manager Cheney thought the County took action on the matter today (November 3)., as they were to take action on Day Care today. He had a copy of the Resolution that was supposed to be passed. City Manager Cheney further advised that the funds on Day Care have been made available to the County. He had a report from the County, and he did not think there was a problem in the Day Care Center. Councilman deLong repeated that the Resolution should be passed, to show the interest of the City of Boynton Beach. City Manager Cheney said ~the Resolution had not been drafted because he did not know what to say. Councilman Wright explainedthat Councilman deLong had brought up the funding of the Child Care operation. It is a combination of funding. People working on the program are paid from several funding sources. Councilman Wright said it was very important to keep the overall prog~ram. All of the money the City received was from Head Start., and the City needs all of the other monies as well. Councilman deLong had called Congressman Dan Mica's 'office and found the funds are backlogged. Councilman deLong~wanted action taken on the Resolution, which he did not believe required a motion. Proposed Resolution No. 81-DDDD Re: Community Action Council - RequeSted by Council~ma~ Samuel'Lamar Wright ....... Attorney Wolf 'said it was his understanding that Section 4 of the Resolution should read as follows: "section 4. Certified copies of this Resolution~be forwarded to the Board of County Commissioners, the Palm Beach County Legislative Delegation, the Florida Congressional Delegation, and the Office of the President of the United States of America." Attorney Wolf then read Proposed Resolution No. 81-DDDD by title only: - 11 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 "A RESOLUTI©N OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, EXPRESSING SUPPORT FOR COMMUNITY ACTION COUNCIL OF PALM BEACH COUNTY." Councilman deLong moved the adoption of 'proposed ResolutiOn No. 81-DDDD~ seconded by Councilman Wright. Vice Mayor Trauger asked if this Resolution had anything to do with the Day Care Center. CoUncilman Wright said they were tied in together. ViCe Mayor Traugem said the Council ~did not pass a Resolution strictly on the Day Care Center. Councilman Wright explained that it was not needed, as this Resolution encompasses everything for the entire program. Mr. Wright said the monies had already-~been appropriated. One program was phased out, Now it is the responsibility of another agency, HHS, to send monies to the County, but because of the shut down of one agency, there was no one to.send,the let%ers of credit. The money is there; it is just that the City has not received it, and the County Commissioners said they do not want to spend the local dollars until they receive the Federal dollars. They do have the Federal dollars in carry over money in the County that can be used. Councilman W~ight~stated that it was definite the County will be funding. He assured the Council that the County will be funding. Mrs, Boroni took a roll call vote on the motion as follows: Councilman ~right - Councilmember Woolley - Mayor Harmening - Vice Mayor Tf~uger - Councilman deLong - Aye Aye Aye Aye Aye Motion carried 5-0. 'ProPosed ResolUtion NO. 81-'EEEE Re: Lot Mowing ~iens Attorney Wolf read proposed Resolution No. 81-EEEE by title only: !'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ASSESSING THE COSTS OF ABATE- MENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTY INVOLVED, AND FOR OTHER PURPOSES." Councilman moved the adoption of proposed Resolution No. 81-EEEE, seconded by Coun'eilmember Woolley. Vice Mayor Trauger wondered if the two pieces of property listed were the only nuisances cited. He wondered why they were not cited by the Codes Enforcement Board. City Manager Cheney informed the Council that theY were vacant lots the City mowed and did not. receive payment for. The City puts liens on the property and When the property is sold, the City will get its money. The City has sent notices and bills have not been paid, so are placing liens - 12 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 19~8! on the property. Councilman deLong explained'that this was an administrative function and not a matter to be handled by the Codes Enforcement Board. City Manager Cheney said vacant lots are not referred to the Codes Enforcement Board, The City goes o~t and mows the vacant lots. Occupied lots, where people are living on the property and create problems, are refer~red to the Codes Enforcement Board, Councilmember Woolley asked what happened to the bill collector. City Manager Cheney replied a contract is being prepared. The City had no response at all from these people. Mrs, Boroni took a roll call vote on the motion as follows: Councilmember Woolley - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 5-0, Proposed Resolution No. 81-FFFF Re: Authorization of Release of Bond and City Execution of Utilities Agreement -First Federal Savings' and Lo'an ~Ss'OCi'ati'on''Of :D'e'iray B'each Attorney Wolf read proposed Resolution No. 81-FFFF by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDa, ACCEPTING THE LIFT STATION AND RELEASING THE PERFORMANCE BOND FOR FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF DELRAY BEACH." Councilman deLong moved the adoption of-proposed Resolution No. 81-FFFF, seconded by Councilmember Woolley. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Councilmember Woolley - Aye Mayor Harmening - Aye Motion carried 5-0. Proposed Resolution No. 81-GGGG Re: Extension of Time Completion and Reduction of Letter of Credit for Summit, Plat No. 1 {Hunters Run} Attorney Wolf read proposed Resolution No. 81-GGGG by title only: - 13 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING LETTER OF CREDIT NO. 89204, THE SUMMIT, PLAT 1 (HUNTER'S RUN)" Councilman deLong moved .the adoption of Resolution No. 81-GGGG, seconded by Councilmember Woolley. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Aye Councilmember Woolley - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Motion carried 5-0. Other None. OLD BUSINESS Funding of Pedestrian Light - U.S. #1, South of Woolbright Road - Revenue Sharing City Manager Cheney said all that was needed was a motion to authorize expenditure from General Revenue Sharing Funds. Councilman deLong moved to authorize the expenditure of 3/4 of the cost of approximately $11,250.00 for a pedestrian light from the General Revenue Sharing Funds. Vice Mayor Trauger seconded the motion. Mayor Harmening commented he had been against the light since it started and would vote against it. The motion carried 4-1, with Mayor Harmening dissenting. Report on Head Start Program and Title XX - City Manager City Manager Cheney believed that Councilman Wr±ght"s report supplemented his memo, He suggested the Council accept his memo of November 3, 1981 as Councilman Wright's statements were already in the records. Florida Power and LiGht Streetlight Conversion Councilman deLong moved to accept the recommendation 6f C~ig Grabeel, Energy COordinator, in his memorandu~ of October 30, 1981, for the City streets to be converted to high pressure sodium vapor lighting. The motion wa~s seconded by Vice Mayor Trauger. No discussion. Motion carried 5-0. - 14 - MINUTES -'REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 Report on Golf Course Status - Requested by Vice Mayor Waiter M, Trauger .......... Charles Frederick, Director of Recreation and.Parks, was requested by Vice Mayor Trauger to give a report on the golf course. Last Week, Mr. Frederick gave a status report to-the golf'zlub~ Mr. Frederick said they would like to place~the construction project out to bid this month (November~ on the basis of receiving a ninetY day fixed price on it from the bid contractors, It is hoped the bids can be opened sometime in-December. At that time, the bids will be reviewed and, hopefully, the best bid can be selected and they will knOw what the cost of. construction of the golf course will be. Upon receipt of the bids, the Bond Counsel will place the bonds in the market_and attempt to semi them. That will give them basically a ninety day time period'to try and get the bonds on the market. Hopefully, the marketability will be there, Assuming the sale of the bonds can be made and a contract is finalized with the successful bidder, Mr. Frederick said construc~ tion could be initiated and the construction- schedule w6uld fall in line with the effective date of the water withdrawal, permit which the City will be getting from the Water Management District, which takes effect in July, 1982. I~ everything goes accor-ding to the above schedule, based upon the architect's projected construction time and also-the inflation time, the City would be looking at~a golf course opening in either late 1982 or early-1983, depending on the times that the bonds are sold and the contract is finalized, If the bonds do not sell, they will have to regroup and consider oPtions-and alternatives. The City just ~ecently received'formal notice from the attorney who represents the developer of the property adjacent to the golf course stating-that theywill initiate construction of the entrance road Within six months, The Lake Worth Drai~nage District gave approval to the movement of the drainage canal-, The Golf Course Advisory Committee will meet November 5th, at which time they will begin their formal work in advising Council of several items relative to the project. Councilman Wright inquired about how the Golf Club felt about the report, Mr, Frederick informed the Council there were not many comments. Obviously~ they wanted the project to move and some expressed concern, about the bond~market. Vice-Mayor Trauger remarked that from-the comments in the paper', they wOndered whether the Golf Club would be willing to finance the bonds so a bond company would not have to, be used. MK. Frederick said there were comments, but no one volUnte'er~d 'to supply the bond money, - 15 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 Report on Florida League of Cities Meeting - Requested by Vice Mayor Walter M. Trauger Vice Mayor Trauger was Unaware that Councilman Wright had prepared a report. HeJ-kad'several~t~ngs he thought would be of interest to the City and one was some of the conversations pertaining'to tax- ation and sales tax, Vice Mayor Trauger asked Mayor Harmening to speak. Mayor Harmening said the big cities and Florida League of. Cities decided that they would support an added 1¢ Sales tax statewide if the Legislature would draft the language in such a manner as to be sure that the Cit±es go% their share and it would not be left up to the Counties to decide how the money was distributed. -This sales tax would be used as a relief from ad valorem taxes in the future. Vice Mayor Trauger thought'the City might benefit under a self insured program with the Florida League of Ci~ies, particularly in the area of workmen's compensation because~that is an expensive item to the budget. Vice Mayor Trauger felt the City should explore that and have City Manager Cheney and Finance Director Grady Swann look into that area. They also have property and public liability insurance. Vice Mayor Trauger made a motion to instruct City Manager Cheney and Finance Director Grady Swarm to study the merits, of the Florida League of C±ties workmen's compensation. Councilman deLong seconded the motion. NO discussion. The motion carried 5-0. Vice Mayor Trauger informed'the Council that there is a non, profit organization in New Hampshire in water conservation that makes a shower head which will fit on anyone,s shower, have the same pressure as other shower heads, and instead of using 6-2/10ths gallons of water in the shower, you would only use 2-1Jl0th gallons. The same thing would happen-on the valve of a faucet of an aerator. The device would also save on 2/3rdsof the amount of water in a toilet tank' on each flush. The people are coming to Delray Beach and have been asked to come to Boynton Beach, Vice Mayor Trauger said the device could be installed in all of the homes in the City and billed in the water bills. ~ayor Harmening said an acute water shortage is anticipated unless there are heavy rai~s. Councilman Wright took notes at the meeting and reported that Federal Aid to'Cities is very critical. He talked to representa- tives of the Palm Beach delegation and was told it was-very doubtful that the State Legislature would address the local option of a sales tax as, politically, it would be suicide for them. He said someone had mentioned a State income tax. The Council showed dis- approval of Councilman Wright's comments. Councilman. Wright clarified his statements by saying what he said was mentioned at - 16 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 the meeting. Councilman Wright thought what they were saying at the meeting was that things were very critical right now, .and someone has to come up with the answers. Mayor Harmening said the Cities and County need some form of tax- ation that is tied to inflation besides an ad valorem tax. Councilman W~ig~t Continued by saying Mayor Moody mentioned he feels 'there is a greater need for elected officials to participate in the National League of Cities. Councilman ~igh~ found out ~hat Boynton Beach was Somewhat on target with regard to down~own'revitalization when compared to what other Cities were trying to do. Some cities smaller than Boynton Beach had from..four to five of their elected offiCials present at the Florida League of Cities Meeting. Some cities had their City Managers present as well. Councilman Wright found the Meet- ing very educational, City Manager Cheney compared, this year's budget with laSt year's and found government revenue dropped by 4%. The local taxes were increased by 3% or 4%. Everything else stayed the same. Councilman Wright said at the meeting it was said that revenue sharing would be safe for 1982 but there was no propOsal for 1983. Review and Approve Florida Leaque Committee Appointment City Manager Cheney advised that there were two appointments, At the time the Agenda was written, Mr. Cheney did not know of Council- man Wright's appointment. He thought"it might make sense to have the appoint, ments confirmed and supported 'by the City Council. Vice Mayor Trauger moved to accept the appointment of City Manager Cheney to the Environmental Quality Committee of the Florida League of Cities and the appointment of Councilman Wright to the Inter- governmental Relations Committee of the Florida League of Cities. Councilman deLong seconded the motion. NO discussion. The motion carried 5~0. Restaurant Inspections Vice Mayor Trauger wondered whether restaurant employees had to have physical or sanitary inspections by a'County or private physician. He noted there was a great influx in the restaurant trade, particularly in the fast foods area, of many foreign nationalities coming in. As many diseases can be contracted through transmission of food, Vice Mayor Trauger believed periodic inspections would be a great deterrent. As Councilman~ deLong had been the one to initiate the restaurant. inspections, he asked City Manager Cheney to follow through and obtain information. Mr. Cheney advised Councilman deLong inspec- - 17 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 tions are made through the State-Board of Health, which has a County office. Councilman deLong informed the Council that theY could do as they do in other municipalities. The Council can adopt its own ordinance fOr inspections but it will be costly. He felt it would be far better to ride herd on the inspections from the County or the State and make certain they do the inspections. Councilman deLong complimented City Manager Cheney on the thoroUgh and excellent job he had done. He wished City Manager Cheney would .make a recommendation as to what course the Council should pursue. City Manager Cheney discussed it because Councilman deLong had included a clipping from the Sun Sentinel relative to the subject.. 'Owners of restaurants are held responsible for their employees and are heavily fined if employees are working there who are not healthy. Inspectors do not~ as they make inspections through the restaurants, conditions of the employees such as their health, open sores, etc. City Manager Cheney said the biggest problem is not the employees but the way food is handled~ It is food that is bad or food left to thaw and not cooked-in the proper time. City Manager Cheney thought that when people go in restaurants and see sick' employees, that the place is dirty', or the food is not properly cared for, they should call an inspector. They will make an inspection that day or the next day. They have the authority to close a place immediately. City Manager Cheney was pleased with th.e response he received from both the West Palm Beach and Delray Beach offices. There are two inspectors.working in Boynt~n Beach. City Manager Cheney said they used to require health cards but found it was a heavy expense. They found health cards were no~t worth the effort and now try to handle it through inspections. NEW BUSINESS Consider Plan to Realign S. E. 2nd Street at Si E, 26th Avenue Councilman deLong moved, seconded by Councilman Wright, to accept the recommendation of City Manager Cheney and realign S~ E. 2nd Street at S. E. 26th Avenue, No discussion. Motion carried 5-0. ADMINISTRATIVE Consider Proposed New Excavation & Fill Regulations It was decided to leave this item on the table. TABLED - 18 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 Discuss Annual Board .Dinner - Requested by Councilman Samuel Lamar Wright Councilman Wright talked to Board Members, who indicated they would like to see some entertainment.following the dinner, if possible. Councilman Wright submitted some comments to City Manager Cheney on how the Board Dinner could be improved, as it is only once a year. Councilmember Woolley was told by City Manager Cheney the date would be December 10, which would~be a Thursday. The Christmas Parade would be on December 6. Councilman Wright had recommended having a band, Vice Mayor Trauger never saw anyone dancing at the dinners. Vice Mayor Trauger further thought the dinner should be moved to February because the election date was changed. He said it was to honor the Boards, not be a Chris~mas party. He could not see why an Emcee should be hired when City Manager Cheney could do such a good job as Emcee. Mayor Harmening agreed with Vice Mayor Trauger that when they had bands previously, only about four or five department heads danced and about four or five Board Members, and that was all. Council- man Wright said he knew a lot of Board Members that enjoyed music. Councilmember Woolley agreed with Vice Mayor Trauger~that it would be better to have it in February. City Manager Cheney said reservations had already been made. Councilman Wright thought the Council should give Members Of the Boards certificates and have a program where their names are listed. Vice Mayor .Trauger thought the programs.and certificates would be all right but he did not think an orchestra was needed, nor did he believe they should invite any more guests. Councilmember Woolley wantedCouncilmember Wright to sing. Council- man Wright said'~f they did not have a band, they should have some kind of entertainment. Vice Mayor Trauger underst~od~.they~would approve music, Councilman Wright~s singing, the programs, and the certificates, Councilman Wright also suggested that Christmas bonuses be given with a letter'signed by the~entire Council, Councilman deLong moved to go along with City Manager~Cheney~s recommendation. City Manager Cheney read his Memorandum, dated October 26, 1981, which was addressed to Samuel L, Wright, Councilman, and pertained to the Annual Board Dinner, COuncilmember Woolley moved that they have a program with the names of all of the Board Members with Certificates of Appreciation that could be handed out. She moved that Councilman Wright sing "The Christmas Song", and City Manager Cheney be the Emcee. Councilman Wright added that a note be put with the Christmas bonuses to the employees. Councilman deLong seconded the motion. The motion carried 5-0. - 19 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 Consider Request from Independent Power COmpany - Height Consider- ation ....... City Manager Cheney said the purpose of the request was to prepare for the opportunity to allow'solar kind of experiments and other kinds of experiments similar to the solar pole, The reason the solar pole came down was a foundation problem, City'Manager Cheney suggested the Council consider this and refer it to the Planning and Zoning Board. In conformance with the Memorandum dated October-27, 1981 from Craig G~abeel, Energy Coordinator, and Carmen Annunziato, City Planner, Councilman deLong moved-to refer the~matter'to the Planning and Zoning Boar~, as set forth in said memorandum, The motion was seconded by Vice Mayor Trauger and carried 5-0, Consider .Request fo~-COnducting Tent Meeting - C~ossr.oads Baptist Church ...... ' ........... Councilman deLong moved that the request be granted and that they comply with the City's insurance requirements. The motion was seconded by Councilmember Woolley, ~No discussion. Motion carried 5-0. Consider Request for Special Events Sign for Annual Bazaar Leisurevil'l~e H~omeOW~e~s AssOCiation ....... Councilman deLong moved, seconded by Councilmember Woolley, to approve the request, No discussion, The motion' carried 5-0. Request for Refun'd ~for cemete~y'~ots-~19~i This item was DELETEU from the Agenda, Request f'or''Transfer 'for cemeter~y ~ots 160 Councilman deLong moved, seconded by Counci approve the request for transfer. No discu carried 5-0. Vice Mayor Trauger wondered when the mausol. L~9'2,'Bi'OCk''E' -D'ELETED nd 161',.Bl'Oc'~ B [member Woolley, to ~sion, The motion ~um would be dedicated. City Manager Cheney informed the Council there were still some problems with the maus~eum relative to the road being in the wrong location. The landscaping plan must go back t.o the Community Appearance Board. ~The Cemetery Board met and made some decisions which will be reviewed with the developer. There also has to be water and sewer hookups. Hopefully, City Manager Cheney said some of the decisions will come before the Council for approval at the next meeting, - 20 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1981 Approval of Bills City Manager Cheney read the following bills for apProval: Board of County Commissioners Repairs to Traffic Signals due to lightning strike Pay from General Fund 001-000-247-41-00 Reimbursed by Allen Insurance $ 3,433.54 e Davis Water & Waste Ind., Inc. For OdOphos Liquid No. i delivered to pumping~ stations Pay frcm 1980-81 Budget 401-352-535-30-65 28,300.00 Graybar ' Electr±c Co. Floodlight fixtures, lamps and hardware for Wilson Park Pay fr~n 1980-81 Budget Fed; Rev. 320-000-247-06-00 Per bid 6/10/81, Council approved 6/16/81 1,706.29 0 Longview Lime Lime for Water Treatment Plant Pay frc~ 1980-81 Budget 401-332-533-30-65 7,791.18 Neptune Meter CCa~y For '2@4 3/4 x 5/8 Meters Pay frcm Water and Sewer Fund 401-333-533-60-51 5,344.80 Scotts PrOTurf Fertilizer for Parks Dept. Pay frcm General Fund 001-722-572-30-61 Council approved 2/5/81 5,363.98 7. South Central Regional Wastewater Treatment Board For professional services rendered Interim Sludge For professional services rendered Intracoastal Waterway Pay frcm 1980-81 Budget 403-000-169-11-00 6,242.05 8. Superior Surgical Mfg. Co., Inc. 5,243.25 Uniforms for CityEmployees Pay frcm 1980-81 Budget Pay from GeneralFund 001-195-519-30-97 Pay frc~W.&S. Fund 401-395-539P-30-97 2,824;2'5 2,419.00 9. Video & Sealing, Inc, 27,450.00 For 10,000 lbs. AV-100 Chemical Grout Less 10% Reten. Amount Due 30,500.00 - 3,050.00 27,450.00 Councilman deLong referred to the bills having been found in order and moved they be paid~ Councilmember Woolley seconded the motion. The motion carried 5-0. - 21 - MINUTES - REGULAR CITY COUNCIL MEETING NOVEmbER 3, 1981 OTHER None. ADJOURNMENT Councilman deLong moved to adjourn, seconded by Councilmember Woolley, and the motion carried 5-0. The meeting properly adjourned at 9:30 P. M. CITY OF BOYNTON BEACH ATTEST: Councilmember /j~ C~uncilm~ ~ Clerk ec0~~eCrs~tary - 22 -