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Minutes 02-03-81MINUTES' OF THE REGULAR MEETING OF THE CITY cOUNCIL HELD AT CITY HALL, BOYNTON BEACH' FLORIDA' TUESDAY, FEBRUARY 3, 1981 PRESENT Walter "Marry" Trauger, vice Mayor Joe deLong, Councilman Patricia woolley, councilmember Samuel Lamar wright, Councilman vice Mayor Trauger welcomed everyone and called the meeting to order at 7:30 P. M. He announced that he will be serving tonight in place of Mayor Harmening, who is attending a con- ference of mayors in Houston, Texas. Our invocation tonight will be given by Rev. Douglas H. Smith, First United Presby- terian Church of Boynton .Beach, followed by the Pledge of Allegiance to the Flag which he will lead. He requested everyone to please rise and stand through the pledge of allegiance- vice Mayor Trauger apologized for having no microphone system. He added that we have a new system so the people can hear better the transactions of the City Council and yesterday it worked perfectly, but this evening something has slipped. On his behalf and the other members, he appreciates those people in attendance- peter L. Cheney, City Manager Tereesa Padgett, City clerk James W. Vance, City Attorney.~ AGENDA APPROVAL Mr. deLong stated under Legal, o~her, he wants to request some input from the City Attorney relative to the Los Mangos development- Mr. Cheney stated that he has one addition under Administrative, Item K - Liquor permit for St. Andrews. Mr. deLong moved that the agenda be adopted with these addi- tions, seconded by Mr. Wright. No discussion- Motion car- ried 4-0. ANNOUNCEMENTS vice Mayor Trauger read a Proclamation proclaiming January 29, 1981, as a Day of Thanksgiving honoring the return of the hostages. vice Mayor Trauger read a Proclamation proclaiming the week of February 8 through February 14, 1981, as Brotherhood Week. vice Mayor Trauger read a Proclamation proclaiming the month of February, 1981 as American History Month. vice Mayor Trauger announced that City Hall will be closed on Monday, February 16, 1981, in observance of Washington's Birthday. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Vice Mayor TraUger announced that the University of Florida, Institute of Black Culture, will be holding a Black Awareness Day on Saturday, February 7, 1981, at the Boynton Beach Civic Center. This is open to all and all are welcome to attend. Vice Mayor TraUger invited the attention of the citizens of Boynton Beach to the Palm Beach County Legislative Delegation Public Meeting to be held in the Council Chambers at City Hall on Friday, February 6, 1981, at 2:30 P. M. Councilman deLong stated that he takes pleasure of announcing the fact that the boss is here and introduced his wife, Grace, with his No. 2 son, George, and his daughter, Dawn deLong. MINUTES Regular City Council Meeting of January 20, 1981 Mr. deLong moved adoption of the minutes as recorded, seconded by Mr. Wright. No discussion. Motion carried 4-0. PUBLIC AUDIENCE Vice Mayor Trauger announced that anyone in the audience who would like to speak or address the Council on any item not on the agenda is free to speak at this time. If there is anyone who would like to speak on an item on the agenda, please give your name to the City Clerk, Mrs. Padgett, and you will be called upon when that item appears. Mr. William Gundlach, III, Fort Lauderdale, advised that he is the manager and vice president of Indian Hills Groves. He stated that we have the potential of having a major pro- blem with a land fill Situation on Boynton Road. He believes this should be brought to the attention of ~eryone. The way Boynton Beach is moving at the present time, Boynton Beach should get together and decide they'do not wish to have this dump because it will cause problems for people living in the developments in that area and farmers, and people moving there in the future. The County decided on this particular site be- cause of access. All the South County garbage will be dumped in Boynton Beach. As a concerned citizen and land owner in this particular area, he feels this is a great concern and something should be done. There should be more information and facts and something needs to be done. The land owners in this particular area have the concern of the community at large. A committee has been formed. In the last couple days, they have put together a petition which is being passed around in various areas to create community interest. He just wanted to bring this to the Council's attention. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mr. deLong commented that although we know there is a definite need for a land fill, there is unrest in our City regarding the location. Also, there is a problem with the regional sewer plant looking for a place to dispose of sludge and he believes this place is earmarked for that. He asked if there is any evidence this will not have an effect on the water supply? Vice Mayor Trauger stated from listening to this presentation and other people's concern about a newspaper article, he be- lieves we should instruct the City Manager to check with the Public Health Department to see this does not a~tack the aquifer and neighboring area of Boynton Beach. We should gather all the information possible. He personally feels it is better in someone else's yard and we must protect our citi- zens. Mr. deLong asked if the County Commissioners are going to hold a public hearing and Vice Mayor Trauger replied that he doesn't know, but believes we should instruct the City Manager and City Attorney to do all the investigating they can into this. Mr. John Martin, 323 S. W. ll%h Avenue, stated he is a resident of the City and also owns land west of town. He represents and is a member of the Concerned Citizens Against the Boynton Beach Garbage Dump. He is here to make citizens aware of the attending blight which will occur if plans are not halted to build the land fill. It is common knowledge that Boynton Beach is prohibited from expanding to the north and south; therefore, all plans for future expansion must be to the west. Boynton Beach is developed with high density housing up to and across Military Trail. He referred to reasons stated in arti- cles for choosing this site and stated it should have been scrapped for the reasons he will give. He explained the loca- tion of this land and told about a developer buying the adja- cent land for a much lower price than the price paid by the County of $15,000 per acre. The developer has gotten approval for 270 homes and a golf course. He has deeded land to allow Jog Road to go through his property. He then read a list of other developments in this area consisting of 5,000 units. Also located in this area is a church, elementary school and many homes. The site would rest on the water aquifer and any seepage would pollute the drinking water of South Florida. The County has stated that seepage would not occur because of a barrier, but Florida r.eceives in excess of 100" of rainfall per Year and if not allowed to go into the ground, it must run into the canal or evaporate into the air. Also, there is no sure way to prevent hazardous waste from entering the site. Therefore, he strongly recommends to the City and citizens of Boynton Beach to bring whatever power on the County and the Solid Waste AUthority to prevent this dump in our backyard. If we don't do it now, we will have to live with it into the next century. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mr. deLong moved to instruct the City Manager and City Attorney to pursue this subject and make a study and investigation of what the consequences of this will be. Mrs. Woolley seconded the motion. Under discussion, Mr. Wright stated that he re- ceived several telephone calls relative to this matter. If he was living in that area, he would definitely be concerned. He would like us to go on record about this. He suggested to sev- eral people that they Call Commissioner Gregory. He agrees the City Council should convey the concerns to the County. Mr. Cheney stated that he detected an inaccuracy regarding where Boynton Beach is. He wants to make sure everybody knows~basically the land west of Lawrence Road and west of Congress Avenue in many cases is not in Boynton Beach. Many people in the western area believe they live in Boynton Beach, but they do not. Their governing body is the County Commis- sion and that is the body they should address. He wants to be sure everybody knows who their representatives are. Mr. deLong added that we know it is in the County area, but we are concerned about the contamination of the water supply. Mr. Martin stated there are many other points to be considered when thinking about this problem. They are not asking the City Council to decide what should be today and in the future, but to leave the future to run its course so it will not come to a stop. This is County area west of Boynton Beach, but there is only one access road to this whole area and that is N. W. 2nd Avenue. He doesn't know if we are-prepared to let something happen which is something which will affect his children. He would hope the City would want to annex this area. He would not want to-see anything happen which would prohibit any Council to do what they feel is best for Boynton Beach. They can only annex area to the west. If the City wants to give up the western area, let them put the dump there. Motion carried 4-0. BIDS One Vactor Jet Rodder and Accessories Mr. Cheney informed the Council this Vactor Jet Rodder and Accessories was approved in the Utility Fund when the budget was adopted. The Jet-Vac is primarily a tool to be used in our sanitary sewer system. With this equipment, we will be- gin a continuing program of cleaning all the sewer lines and manholes. It has a vacuum which vacuums out the manholes. It has rods to take out blockages. It has a high pressure jet attachment to force water through the lines and keep them open. A maintenance program can be begun of all the sewer -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 lines on a regular basis. It will also be used to clean out the sanitary storm drainage system. It is a high technical piece of equipment. It is expensive, but it is a piece of equipment, which in the long run, becomes important to reduce manpower and have the ~uipment to do it. The recommendation is to purchase this from Jet-Vac Sanitary ServiCes for $78,557.88. The amount of $80,000 was budgeted. It is a very valuable piece of equipment in the long run. Mr. Cessna is present to give more information if desired. Mr. deLong stated he believes sufficient information has been submitted from the Utilities Director and Public Works Direc- tor. He moves to accept the recommendation of the Tabulation Committee and accept the high bid from Jet-Vac Sanitary Ser- vices, Inc. of New Smyrna Beach, Florida. Mrs. Woolley seconded the motion. No discussion. Motion carried 4-0. Purchase of Police and Fire Vehicles off State Bid List in Accordance with Approved Budqet Mr. Cheney referred to this also being an item which was ap- proved in the budget; but unfortunately prices are higher, but we did budget additional money. Consistent with the adopted city budget, we are proceeding with the replacement of police pursuit vehicles, sedans and a station wagon, plus the purchase of sedans for the Fire Department. We are pro- posing to purchase these vehicles from the State of Florida Bid List and will be replacing nine marked cruisers, four un- marked sedans, one marked station wagon, and purchase four Fire Department sedans. The bid prices are higher than our estimated purchase price at the time the budget was approved, with each cruiser costing $345.78 more, the sedans $853 more, and the station wagon' $875 more. The Fire Department sedans are $214 more than budgeted. A chart was submitted indicating in Section A the 80-81 police vehicle budget as adopted; which shows the total cost budgeted and the funding from General Funds and from General Revenue Sharing. Section B shows the 80-81 Police Vehicle Budget as it is proposed to be revised in order to meet these costs. All of the funds needed were previously budgeted, although $12,000 was placed in the Police Vehicle Reserve Fund in the General Revenue Sharing Account in order to either cover increased costs or possibly additional replacements throughout the year. It is clear that these funds in the reserve are needed to cover increased costs and the Police Vehicle Reserve account would then have a balance of $4,601. In regard to the fire vehicles, he is recommending that the $856.~8 needed to cover the additional costs for the fire vehicles be transferred from the police vehicle line item leaving $3,745 in that account. All of the fire sedan funds are allocated in the General Revenue Sharing Account and have been previously budgeted. Also submitted was a memorandum from Bill Sullivan and vehicle specification information. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mr. deLong moved to accept the recommendation of the City Manager in his memo forwarded to the City Council for the purchase of Police and Fire vehicles off the state bid list in accordance with the approved budget and transfer of funds be made in accordance with the City Manager's recommendation. Mr. Wright seconded the motion. Under discussion, Mr. deLong referred to going through the specifications and memos and stated on Page 14, Specification 2A, covers brake tests con- ducted by State personnel and asked if we have any verifica- tion of the equipment we get that it is inspected? Mr. Cheney informed him that the individual piece of equipment we get is not tested. A sample of the models being bid are tested. It is our responsibility to check out each vehicle we receive. Motion carried 4-0. PUBLIC HEARING NONE SITE DEVELOPMENT PLANS Preliminary Plat Applicant: Location: Use: Lawson Industrial Park (Santiago Malavasi, Agent') S. W. 30th Avenue, East of Congress Avenue 14 industrial lots on 21.7 acres Mr. Annunziato informed the Council this application is for a preliminary plat for 14 induStrial lots on 21 acres. He ex- plained the location. This application was reviewed by the staff and a recommendation forwarded to the Planning & Zoning Board. In reference to staff comments, the City Engineer noted the following: 1. Sidewalks are required on all streets. 2. A commitment must be made for direct traffic impact on Congress as per requirements of the County Traffic Engineer. 3. A commitment must also be made for the assessment made by the County Traffic Engineer for indirect traffic impact. 4. Street lights are required on the side streets. Mr. Annunziato continued that the Utility Department noted to stub out from manhole 91 southward across existing pavement into property and APC markers and cleanouts at each lateral per City standard. The Police Department noted subject to sig- nalization at Congress and 30th Avenue when warranted and traffic signs and street lights on roads. The Planning -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Department noted that 7 ft. of right-of-way on Congress Ave. is to be dedicated at this time consistent with master plan approval requirements and the developer is to participate in the cost of a traffic signal at S. W. 30th Avenue and Congress Avenue and bond proportionate share. Mr. Annunziato stated that the County Traffic Enqineer, Mr. Charles Walker, also noted the follOwing recommendations: 1. The developer dedicate an additional seven feet of right-of-way along Congress Avenue, providing for a 60 foot half right-of-way, as appropriate. 2. The developer shall be responsible for a pro rata share of the cost to install a traffic signal at S. W. 30th Avenue and Congress Avenue if and ~hen warranted as determined by the County Engineer's office. 3. The developer shall contribute toward the cost of meeting this project's direct and identifiable traffic impact in accordance with Palm Beach County Fair Share Contribution for ROad Improvements Ordi- nance No. 79-7. 4. Following a review of Sheet 4 of 6, Paving and Drain- age Plan, the following are recommended: a. The construction of S. W. 14th Place to the south of S. W. 30th Avenue should align with existing S. W. 14th Place to the north. b. Pavement marking configuration has been red-lined on the plan to show conformance with Palm Beach County Typical Drawing No. 7-75-037T. Mr. Annunziato stated the overall staff recommendation to the Planning & Zoning Board was that this preliminary plat be ap- proved subject to comments and the issue of the offset of S. W. 14th Place be addressed by the City Engineer. The Planning & Zoning Board follows with that recommendation to the City Council. Mr. Rick Rossi, representing the developer, came before the Councill Mr. Vance referred to Mr. Annunziato reading the staff comments including the letter from Mr. Walker and asked if he agrees to comply with the staff comments? Mr. Rossi replied affirmatively, with one exception which is the align- ment of S. W. 14th Place. They would like the plat to stand the way it is. Vice Mayor Trauger questioned the difference in the alignment and Mr. Annunziato informed him it is 15 feet. -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mr. Tom Clark stated that he appreciates the County Traffic Engineer's concern; however, he talked with the design engi- neer and the problem is not too significant as far as this particular intersection because he does intend to adjust ~he median so traffic coming from the cul-de-sac will have the normal 40 ft. radius and there is little or no traffic from the other street. He recommends that we approve the align- ment as proposed. Mr. deLong moved to approve the preliminary plat application, Plat ~1, for Lawson Industrial Park Subdivision submitted by Santiago Malavasi, upon the unanimous recommendation of the Planning & Zoning Board and we supper the contentions of the City Engineer and that Mr. Walker's letter be made a part of the record. Mrs. Woolley seconded the motion. Under discus- sion, Mr. Cheney asked if this was approving it with the off- set or as drawn and Mr. Annunziato clarified that it is drawn with an offset and he understands it is approved with the off- set and Mr. deLong agreed and with the recommendation of the Planning & Zoning Board and City Engineer. Motion carried 4-0. Site Plan Approval Applicant: Location: Use: Mr. Annunziato in for site plan app] Realty to constru~ two rental stores Fairlanes Bowling the staff and cam~ recommendation fo] Mr. Annunziato reJ ing listed by the 1. Small ov~ hang int¢ 2. The parkJ marked "1 nog a mss 3. The rest~ the hand T.S.H. Realty (Bill Selig, Agent) 7. W. 2nd Avenue at the Fairlanes Bowling ~omplex ~onstruct Cumberland Farms Convenience ~tore and two rental stores ~ormed the Council this is an application ~oval submitted by Bill Selig for V. S. H. It a Cumberland Farms convenience store and on a tract of land directly north of the Lanes. This application was reviewed by to the Planning & Zoning Board with a approval Subject to comments. srred to staff comments and read the follow- Building Department: ~rhang in back two corners of building over- the setback. .ng reguirement is 17 spaces, if two stores 'ental" are used for general business, and ~t market. 'ooms in Cumberland Farms' layout do not meet .cap code requirements. -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 4. The plans do not locate the handicap parking sign. 5. The signs indicated on the mansard are too large a size. Permitted use would be 26 square feet, per rental store and 46 square feet for Cumberland Farms. 6. Department of Transportation turnout permits required. 7. Board of Health approval required. Mr. Annunziato read that 'the Utility Department noted sewer clean out at public easement per City standards. The Police Department noted to eliminate the western driveway and ex- planed the reason according to the median location and poten- tial for U-turns. The Planning Department noted subject to connecting South Drive to N/S drive in Bowling Lawns and he explained this access was needed for truck loading. Also, sodium vapor lamps are recommended as opposed to mercury vapor. Mr. deLong referred to the recommendation from the Planning & Zoning Board further noting that the remaining easterly drive- way may be expanded to a maximum of 30 feet and asked if this was going to be mandatory. Mr. Annunziato replied that the Planning & Zoning Board's recommendation was not unanimous, but the plan was approved subject to comments. As part of removing the driveway, it was felt the applicant may need to expand the remaining driveway to further serve ingress and egress. It is not mandatory, but it is up to the developer. Mr. deLong asked if the comments from the Building Official have been reconciled and Mr. Annunziato-replied negatively, not by thiS site plan but the construction plans would have to address each if approved by the Council in order to obtain a permit. He added this plan would not work without the connection recommended. Mr. Vance asked if a representative of the developer was present and Mr. Bill Selig, 112 Cartsmore Circle, East, Longwood, Florida, advised that he is the Construction SUpervisor for Cumberland Farms. They have gone along with everything recommended by Mr. Annunziato and it hinges on whether the bowling alley will give an easement. If they don't get this easement, they will not build. Mr. Vance asked if he was agreeing on behalf of the developer to comply with all staff comments including obtaining the necessary easement from the bowling alley and Mr. Selig replied affir- matively. -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mr. George ThOmas, 1117 Lake Terrace, Leisureville, stated that he lives directly to the east of this proposed struc- ture and site. He had the privilege of speaking to the Plan- ning & Zoning Board and ex.pressed feelings which are reflected in the record and which are summarized in a petition signed by several hUndred people. He then read the petition request- ing the City Council to refrain from approving this site plan from V. S. H. Realty to erect a convenience store to be lo- cated on N. W. 2nd Avenue. They contend that such enterprises attract pests, encourage noise, littering, increasing pollu- tion from vehicular traffic, etc. Being in close proximity to elderly citizens constitutes a hazard. Further, there are two convenience stores already located across the road and they see no increase in demand for this. The operation of this proposed store will benefit only the owner and will nega- tively affect several thousand concerned citizens. He re- quests this application to be denied. Mr. Thomas then referred to the regulations for zoning and read fr~the standards to evaluate conditional uses concerning protection of the surrounding area and the citizens' general welfare and stated he thinks this should be applicable to this. In reference to ingress and egress, it has been indi- cated there will be some problems in the movement of large trucks in a small area when making deliveries. Many deliver- ies are made in the wee hours and during the day when activity to the commercial area adjacent is taking place which will cause congestion. This will have a definite bearing on the safety and convenience of automobile and pedestrian traffic flow and control. Regarding the economic effects, the dis- agreeable aspects will have a bearing on the value of their residences. These are the homes of people who have arrived at their final destination and they value their homes. There are two convenience stores across the street and one down the street and they feel these are enough in this area to answer the needs of people who find themselves short in the late hours. Most of the Leisureville residents do their shopping on a planned and orderly basis during the day. He does not think there is a great volume to be expected from the resi- dents of Leisureville. It was said the bowling alley would be a convenience for the residents of Leisureville, but that has been anything but convenient with the noise it has created with its presence. They call upon the Council to consider this faithful and loyal ~axpaying group of citizens and deny this application. Mr. deLong stated that his sympathies lie with the people on all rezoning matters because he is a firm believer that the people have the right to decide what type of zoning they de- sire to live with, but this is different in that it is not a rezoning matter. He would like input from the City Attorney regarding the legal responsibility of the City or what would happen in the event this request is denied. -10- MINUTES - REGULAR CITY COUNCIL MEETING B©YNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mrs. Woolley asked Mr. Thomas about the problems the bowling alley is creating in the late hours and Mr, Thomas told about young people littering, stones being thrown at their building, trash blowing out of the dumpster, loud exiting from the bowl- ing alley at late hours, ruining sections of the fence, etc. The number of calls registered on the police blotter are evi- dent which had to be made for this situation. Mrs. Woolley asked if the residents have communications with the bowling alley representatives and Mr. Thomas replied affirmatively, that he has spoken to the personnel on hand. They did file a notice with legal people, but nothing has been done. They have asked that a person be put on patrol, but nothing has been done. Mrs. Woolley asked what the night hours are and Mr. ~Thomas replied that he believes it is open until 1:00 A. M. Mrs. Woolley referred to the hours for Cumberland Farms and Mr. Thomas informed her they are open from 7:00 A. M. until 10:00 P. M. Mr. wright stated that he read the~minutes of the Planning & Zoning Board regarding this matter. It seemed most of the members of the Planning & Zoning Board did not object to the approval. One of the members, who resides in the area, ex- pressed concerns of the people in Leisureville. He is con- cerned about the legal ramifications if we do not approve this site plan. There was mention about the business pros- pects and he asked if a survey was conducted to determine the need and Mr. Selig replied that they have a store across the street in a rental unit and they want to build a larger store and pay taxes to the City for this store they will own. Mr. John Timbakis, 234 Queens Lane, Palm Beach, stated that he is the Regional Sales Manager for Cumberland Farms. He clarified that they are just planning to relocate. He re- ceived some comments from the previous meeting regarding the condition of their stores. He then checked the condition of the stores in Boynton Beach. He personally found them in very good condition. There were no cDns or litter. The dumpsters were clean and orderly. The shrubs were cut. He made these inspections unannounced and found the stores in good condition. It is not a justified statement to say their stores are eyesores. They comply with the ordinances and have no problems with the Board of Health. They sell things people require and serve a definite purpose. He cannot be held re- sponsible for someone throwing a rock and for the bowling alley mentioned. Their hours are from 7 to 10 o'clock. They seriously discourage the consumption of food on their property. He also looked at the adjacent properties to their stores and saw no litter. -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mr. Ben Adelman stated that he lives in Leisureville adjacent to this property. He checked the lOCation across the street from Leisureville and across the street from City Hall and there was debris all around. The trash is picked up from the dumpsters and papers blow all around. He complained last week before the Planning & Zoning Board and this man probably had it cleaned up. The bowling alley said it would be kept clean and they would be good neighbors, but they have broken 22 windows in their building and bottles and cans are all along the fence. They drink beer and smoke pot in the night there and the noise is great. He doesn't go much for the pro- mises. Vice Mayor Trauger referred to there being a question posed as to the ~gality of the zoning and this building conforming to that and the consequences if the City Council denies this site plan and Mr. Vance clarified that the applicant is apply- ing for a use which is permitted in the zoning. This is not an application for conditional use. This is permitted in the existing zoninq. It has been reviewed by the Technical Review Board and the applicant'has agreed to meet all the conditions set forth by the Technical Review Board and Planning & Zoning Board. If the City denies the applicant at this point, there would be no legal basis as it presently stan'ds before the Council. Mr. Wright moved approval of the site plan application sub- mitted by Mr. ~ill Selig for V. S. H. Realty to construct a Cumberland Farms Convenience Store and two rental stores on N. W. 2nd Avenue subject to staff comments. Mrs. Woolley seconded the motion. Under discussion, Mr. deLong commented that the City C~uncil, against the best legal advice, only recently denied a permit for solicitation and it wound up in court and we were lucky to get away with an $18,000 cost to the taxpayers. He likes to see the attorneys make money, but the taxpayers f~el the pinch. Vice Mayor Trauger added that he sympathizes ~ith the people in Leisureville, but under the zoning criteria use and acceptance, it meets all the legali- ties. This is problem of the zoning regulations. Very re- cently, the members of this City Council took an oath to up- hold the laws and regulations of the City and he feels in this particular case that is what we must do. Motion carried 4-0. Applicant: Location: Use: Board of County Commissioners (H. L. Kahlert, Agent) Between 1-95 and South Technical School south of Lake Worth Drainage District Canal #28 Construct the Boynton Beach Regional Park -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mr. Annunziato referred to this bringing to a close the very long ongoing question of what is going to occur at the 55 acres and stated this plan addresses a lot of questions which have been raised concerning active recreation in Boynton Beach. He then explained the location. Mr. deLong referred to this being of vast importance to the people in the City and stated they cannot see the plans. Approximately one year ago, he made a motion that the City get a projector so the people in the audience can see what is goinq on. This is vitally important. He thinks the people would like to see what is in the offing. Where is the projec- tor? In other cities at Council or Commission meetings, they have a projector. Vice Mayor Trauger replied that we do not have slides and requested Mr. Annunziato to proceed. Mr. Annunziato stated this application comes via the County Engineer and County Commissioners for site plan approval. Considerable time was spent on this during staff review. The recommendations come through a memo which he prepared address- ing staff comments and concerns. He stated this application provides for the construction of the following and pointed out the location of the various facilities: 1. A baseball diamond complex which includes two soft- ball fields, one little league field, one major league field and one concession stand with a press box on the second story. 2. A court complex which includes fou~ tennis courts sixteen back-to-back racquet ball courts, four bas- ketball courts and a clubhouse/pro shop. 3. One 20 station heart course. 4. An improved bike trail system with a pedestrian -bridge connecting the park to S. W. llth Street. 5. A picnic area with shelters. 6. A four acre lake with no boating connection to Lake Worth Drainage District Canal ~28. Mr. ~nnunziato continued that access to the site is via S. W. 30th Avenue thru the South Technical Education Center and S. W. 35th Avenue. Parking for the facility will be of three types - pavedf overflow field parking and isolated picnic table parking. Mr. Annunziato stated on Tuesday, January 20, 1981, the Techni- cal Review Board reviewed this application and submitted the following comments: -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 1. In order to adequately serve this project, the staff strongly recommends that the south 7+ acres be annexed into the City. This recommendation is consistent with the Palm Beach County Comprehensive Plan Intergovernmental Coordination- Element - Goal 1, Objective 4, as follows: "Palm Beach County shall cooperate and encourage the annexation of unincorporated enclaves consistent with planning principles and the requirements of Chapter 171.042 and 171.043 Florida Statutes." 2. It is recommended that high pressure sodium vapor lamps be utilized for roadway and parking lot lighting as opposed to mercury vapor lamps. They have had long discus- sions with the County and Planning & Zoning Board concerning lighting of the park. It was the staff's contention to uti- lize energy conservation type and the County representatives felt sodium vapor lights would cast unfavorable lights. They have submitted a letter today giving a compromise for the lighting which the staff agrees with. 3. It is recommended that security lighting be provided on the bike path in the northern section of the proposed park to include the pedestrian bridge. 4. A permit from the South Florida Water Management District is required for on-site drainage purposes. 5. Collection of trash and garbage will not be performed by the City as the County Parks Department provides this ser- vice. 6. Easements are required for on-site water lines which are 6" or greater in diameter to include the fire hydrants. Also, an additional fire hydrant is recommended in the club- house area. quired. Calculations for fire flow and domestic use are re- 8. Ail on-site sewer systems up to the force main tie-in are to be considered plumbing and maintenance of these facili- ties will be by Palm Beach County. 9. No parking criteria exists in the Zoning Ordinance for uses of this type. In instances such as this, parking requirements shall be determined by the City Council after review and recommendation by the Planning & Zoning Board. The applicant has submitted a detailed use-oriented parking allocation schedule which provides for 447 paved and 401 overflow parking spaces. It is staff's recommendation to the Council that the schedule submitted be accepted and recom- mended to the Council for required parking purposes. -14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 10. It is recommended that Palm Beach County study the need and timing for signalization on Congress Avenue at both entrances to the park. It is further recommended that this study be submitted to the City for analysis and review prior to the issuance of permits. Mr. Annunziato stated the overall staff recommendation is that this application be approved subject to the comments listed above. It comes to the City Council with a unanimous recom- mendation of the Planning & Zoning Board. Mr. deLong suggested that the recommendation be reconciled insofar as lighting and Mr. Cheney informed him this has been taken care of with the letter submitted today. Mr. deLong referred to mothers in Go~lfview Harbour being concerned about llth Street deadending into the canal and asked if there was some way to get a bike path across the canal and Mr. Annunziato informed him there is a proposed pedestrian crossing at S. W. llth Street which will serve foot and bike traffic. This has been included in this pro- ject. Mrs. John Sutherland Phelps, 1627 N. E. 3rd Court, asked under whose jurisdiction the recreational facilities would be? Is this under Palm Beach County? She sees that it is referred to as Boynton Beach Park, but it is not quite in Boynton Beach. Mr. Cheney informed her this is a County Regional Park funded by the County to 'be operated by the County located~in Boynton Beach, except for seven acres at the south end which will probably be annexed into the City. Mrs. Phelps asked if all the children in town would be wel- come there and Mr. Cheney replied affirmatively, from any- where in the County. Mrs. Phelps asked if it will provide employment for some of the local people and Mr. Cheney re- plied affirmatively, but the employees will be employed through the County Recreation Department. He clarified that it will be a County park in the City. Ms. Doreen VonBaron Swiadek, 701 Rider Road, asked if the Park Commission will run the golf pro shop and Vice Mayor Trauger informed her there is no golf pro shop on this site. Ms. Swiadek referred to a concession stand and bike trail being mentioned and Vice Mayor Trauger clarified that any- body can ride the bike trail and there will be no concession for rental bikes. Ms. Swiadek referred to the operation of the concession stand and Vice Mayor Trauger informed her it will be operated by Palm Beach County under a bid award by the County. Ms. Swiadek asked when they would be ready for bids and Vice Mayor Trauger replied when the park is completed. -15- MINUTES - REGULAR CITY COUNCIL MEETING B©YNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mr. Cheney clarified that there is no golf involved in this site. The clubhouse at this site relates to the tennis faci- lity. The entire question of operation we cannot answer~be- cause the County will be operating it. Vice Mayor Trauger suggested listening to Mr. Wilsher's presentation. Mr. Bill Wilsher, 521 N. W. 50th Avenue, Delray Beach, ad- vised that he is Superintendent of Park Planning & Design for the County. Concerning security, the park will be in the City of Boynton Beach and will be subject to the City Police Department and Under the County Park Police. In reference to the pro shop, it ±s a tennis pro shop and the County hopes to operate it, but it may go out to concession which will be sub- ject to the bid process. Mr. Vance clarified that a letter has been received from Mr. W±lsh±re da~ed February 3 advising they have reviewed the staff comments made by the Planning & Zoning Board and are in agreement w±th all the items listed except No. 2, which was the lighting, and they have offered a reasonable compromise. Mr. Nick Cassandra, 2554 S. W. 10th Court, referred to the east/wes~ traffic flow being on S. W. 23rd Avenue and asked if this is a City road and Mr. Cheney replied negatively, but it is a County road. Mr. Cassandra asked if S. W. 23rd Avenue would be widened? He explained how this was the main road going to Congress Avenue and stated before going.to a beauti- ful park, he would like to see the County widen 23rd Avenue as well as what they plan to do. Also, what is going to be done about the flow going through 27th Avenue? Mr. Herb Kahlert, County Engineer, referred to a bond issue for roads being defeated by the voters and told about presently talking about a County bond issue to get the problems resolved regard- ing the gasoline tax, etc. At this time, they do not have any plans or program to widen 23rd Avenue. Woolbright Road is the major east/west road approximately one-half mile north and is four laned and-will provide major access to the park in lieu of 23rd Avenue. Mr. deLong moved to adopt the unanimous recommendation by the Planning & Zoning Board of the site plan submitted by the County Engineer, H. L. Kahlert, subject to comments and the additional fire hydrant and resolving the lighting. Mr. Wright seconded the motion. Mr. Wright stated the concerns coming from Mr. Cassandra should be considered by the staff'and County. He feels there is a dire need for enhancing the recreation facili- ties and activities for the youth especially in the southern area. Mr. deLong seconded this as an amendment to the motiOn. -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Vice Mayor Trauger called for a vote on the amendment to con- sider the traffic impact mentioned by Mr. Cassandra and the vote was 4-0 in favor. Mr. Cheney stated that he assumes in no way that the approval of this park related to the improve- ment of the roads and Mr. deLong clarified that the County is to take into consideration the remarks of Mr. Cassandra. Under discussion on the.motion, Vice Mayor Trauger expressed his personal thanks to the County, City Planner and staff and all who have worked hard over the years to bring~this beauti- ful park about. It has been talked about over the years. We now have in the being a park which this ~section can be justly proud of. He thinks this is a great blend of County/City cooperation. He is extremely grateful and hopes the citizens of Boynton Beach are equally grateful for this park. Motion carried 4-0. Mr. deLong moved to have the City Attorney draft the appropriate resolution of thanks to those mentioned by the Vice Mayor - County Commission, County Planning Department, COunty Traffic Engineer, County staff and City staff. Mr. Wright seconded the motion. No discussion. Motion carried 4-0. LEGAL Ordinances - 2nd Rea, NONE Ordinances - 1st Rea, Proposed Ordinal Proposed Ordina~ Mr. Vance advised th~ arranging to meet wi' Appearance Board who Pending that meeting the table. Mr. deLong moved to ] seconded by Mr. Wrig] Resolutions Proposed Resolu Mr. Vance read propo~ ~ing - Public Hearing ting ~ce No. 81- ~ce No. 81- Re: Tree Ordinance (Tabled) Re: Landscape Ordinance (Tabled) it one of the members of his firm is ~h Col. Reid and a member of the Community made comments relating to these ordinances. he recommends these ordinances remain on .ave these ordinances remain on the table, ~t. Motion carried 4-0. ~ion No. 81-D - Re: Post Office Location ~ed ResOlution No. 81-D by title: -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING THE AID OF SENATOR LAWTON CHILES, SENATOR PAULA HAWKINS AND CONGRESSMAN DAN MICA TO INSURE THAT A CONTEMPLATED NEWPOSTAL FACILITY FOR THE BOYNTON BEACH AREA BE BUILT WITHIN THE CITY LIMITS OF SAID CITY AND THAT THE PRESENT EXISTING FACILITY OR A SUBSTITUTE FACILITY REMAIN OPEN kS A POST OFFICE BOX FACILITY WITH RETAIL SERVICES FOR THE GENERAL DOWNTOWN AREA. Mr. deLong moved adoption of proposed~Resolution No. 81-D, seconded by Mrs. Woolley. Under discussion, Mr. Wright stated at the Area Planning Board meeting last week, our City Planner expressed the concerns of the City Council relative to the positioning of the new postal service as well as expressing concerns of having a retail facility in the downtown Boynton Beach area. He also conveyed the con- cerns of the City Council. Vice Mayor Trauger.referred to making a suggestion at the last meeting~and stated he still feels it is very valid for all the condominium associations to pass a resolution to send to these same people to express interest that they want the post office to remain in Boynton Beach or at least the facilities of a postal service. He would also like to see an editorial in the press expressing these same points. If we do not act now, he is afraid the post office will charge ahead and we will be left behind. Mr. deLong added that it seems when we were a little town, it was a necessity to have a post office and now when we are a full fledged city, they want to take it away. As requested, Mrs. Padgett then took a roll call vote on the motion as follows: Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Councilmember Woolley - Aye Motion carried 4-0. Proposed Resolution No. 81-E - Re: Golf Course - Request Two Year Extension for Implementation Mr. Vance read proposed Resolution No. 81-E by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING A TWO YEAR EXTENSION OF THE AGRHEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY RELATING TO A PROPOSED CITY OF BOYNTON BEACH GOLF COURSE WHEREIN THE COUNTY IS CONTRIBUTING THE LAND AND THE CITY OF BOYNTON BEACH WILL CONSTRUCT A CITY GOLF COURSE THEREON. -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mr. deLong moved the adoption of Resolution No. 81-E, seconded by Mr. Wright. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Aye Councilmember Woolley - Aye Vice Mayor Trauger - Aye Motion carried 4-0. Proposed Resolution No. 81-F - Re: Amend Mileage Rate Mr. Vance referred to the City Council approving an increase to 20¢ per mile for transportation expenses for vehicles used for City business and advised that this proposed resolution takes care of that. He then read proposed Resolution No. 81-F by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RESOLUTION 79-J SECTION F.c.1 - MILEAGE RATE Mr. deLong moved adoption of proposed Resolution No. 81-F, seconded by Mr. Wright. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Wright - Aye Councilmember Woolley - Aye Vice Mayor Trauger - Aye Councilman deLong - Aye Motion carried 4-0. Proposed Resolution .No. 81-G - Re: Day of Thanksgiving Honoring the Return of the Hostages Mr. Vance read proposed Resolution No. 81-G by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE CELEBRATION FOR THE SAFE RETURN OF OUR AMERICANS Mr. deLong moved adoption of proposed Resolution No. 81-G, seconded by Mrs. Woolley. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilmember Woolley - Aye Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 4-0. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Other Report Relative to the Los Mangos Development Mr. deLong stated he wanted to seek some input insofar as the request which was made relative to the work which was left un- finished by the developers of Los Mangos and Mr. Vance informed him that he has been furnished a written report by a represen- tative of Los Mangos together with a copy of the site plan ap- proved, with various areas of discrepancies marked. He will have to spend time with the Building Official going over this. He anticipates doing this within the next week. Mr. deLong stated he was satisfied as long as it is being pursued. OLD BUSINESS Municipal Golf Course Mr. Cheney stated at the last Council meeting, he indicated that we were getting close to the point of solving the last concern prior to authorizing a contract with the architect to design the course. He distributed tonight a bar chart outlining the steps which have been taken and where we now stand. Last week, the City Attorney and he met with the attorney for the adjacent developer relative to the road ques- tion, particularly in pinning down not just the commitment but the timing of construction as well as the location of the road. This is very important in moving towards selling the bond issue. The developer, through his attorney, has assured us today that they would sign a letter indicating sixty days after we started construction of the golf course, they would start construction of the road and would commit themselves to complete it six months from that point. Also, they are going to provide a precise description of the location and a map showing where the road will be to be part of the bond issue. Mr. Cheney continued that he also met recently with the bond consultant to update the financing package. There are three issues before the Council tonight as addressed in the agenda. He has reviewed the road access agreement and he and the City Attorney are finally satisfied it is taken care of. The other two things to do are to approve the design contract, of which copies were submitted, with the firm of Von Hagge & Devlin and authorize the financial consultant to proceed with plan- ning and putting together a financial package. By the next Council meeting, he will have a detailed report as to the schedule of aCtivities. The schedule of activities will identify all the steps necessary to put together a funding package, timing of design activities, timing of bid, selling of bonds, etc. He will distribute a time table after working out the details. We are now in the position where he doesn't have any reservations about proceeding. -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Review Road Access Agreement Mr. deLong stated if it is required that an agreement must be executed by the appropriate City officials insofar as the road is concerned, he moves that agreement be executed. Mr. Wright seconded the motion. Vice Mayor Trauger clarified that it has been moved and seconded for the City Manager and City Attorney to work this out. Mr. Vance clarified that essen- tially it will be a letter from them to us which will be an agreement to permit golf carts to cross the canal into the golf course. Mr. Cheney advised that the motion is fine. Motion carried 4-0. Approve Design Contract and. Funding Mr. deLong moved to approve the design contract including the funding and authorize the appropriate City officials to execute same. Mr. Wright seconded the motion. Under discussion, Mr. Wright requested Mr. Cheney to elaborate on this regarding the process and cost. Mr. Cheney stated the total cost of this design contract, as he reported two weeks ago, is $129,000. This will take us through the design and construction and two to three years of advice after the golf course is open. At this point, authorization would cover the contract with three phases. Phase 1 is the beginning of the design which will be a total of $43,000. We will pay $20,000 on the execution of the contract and $23,000 when accepting Phase 1. We will take a look at the cost estimates and design then and see if we want to go ahead. Phase II calls for preparation of the contract documents. This will cost $56,000. At. that point, we can stop or go into the bidding and construction. If we go into bidding and construction and use the same firm, there will be another $29,500. Mr. Cheney stated this is unlike a good many architect's con- tracts in that it includes everything. There are no additional costs involved. There will be no additional travel costs or any extras. It includes engineering and everything. Mr. Cheney advised that two things are not in the contract, the specific design of the clubhouse building which we have agreed to do in-house and the parking lot and general access roads on-site which will be designed by our Engineering Depart- ment. All the design work for the course itself and the golf cart pathS will be designed by the engineer working for Von Hagge & Devlin and is included in the total. -21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3f 1981 Mr. Cheney continued that the source of this money is typical of bond projects. The costs for design are legitimate costs of the bond issue. It will be pre-financed until selling the bond issue. Instead of investing money in C/D's or treasury notes, we will invest it in the golf course project and re- ceive it back after selling the bond issue. In fact, we will pay ourselves back plus $8,000 for the economical feasibility. If we don't'sell the bond issue, we will have to solve the problem of the money which we spent Based on the economic study done and the continuing demand for golf, we would not have come this far. He thinks we are going to go ahead. The timing of the sale may depend on the market. Mr. deLong commented in Boca Raton, they decided six municipal projects were needed at one time. The six buildings are there and all the bonds were retired. Mrs. Woolley asked what Mr. Shepard says about the marketability of the bonds and Mr. Cheney replied that he has been working with us and is confident the bonds are marketable. He is not predicting any interest rates at this time. Vice Mayor Trauger asked if Mr. Vance was satisfied with the wording of the contract for the City and Mr. Vanc~ replied affirmatively and advised that he drafted it. Mrs. Woolley commented that it seems like ~3 should be before ~2 and Mr. deLong replied that we cannot float revenue certi- ficates until we have a plan. Mr. Cheney added t~at the rea- son #3 is on here is because of our agreement with the bond advisory firm that when we get to a specific project, we have agreed we will authorize work on that specific project when getting into the des ment with them. Mr. with designing and a to find the cost est without that. Mr. C agent to begin becau Mrs. Woolley clarifi and Mr. Cheney agree~ Mrs. Woolley referre Cheney's statement i we would want to sto' agreement.with Von Hi for some reason, we Phase III. ign stage. We have a continuJ deLong stated as far as his ~chiteCt plans, the specifi imate and we cannot go into t~ ~eney stated that we want the se he can do a lot of things ~ ed that Mr. Shepard has been to Phase II costing $56,000 we want to proceed and ques ng agree- xperience purpose is .e market fiscal nd save time. n on this ~nd Mr. ioned why and Mr. Cheney explained that the [gge & Devlin is in three phases and if ~anted to stop, we are.not committed to -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Vice Mayor Trauger requested a roll call vote on the motion and Mrs. Padgett conducted it as follows: Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Councilmember Woolley - Aye Motion carried 4-0. Authorize Bond Financial Consultant to Proceed / Mr. deLong moved to authorize the bond financial c~nsultant to proceed, seconded by Mrs. Woolley. Under discussion, Mr. Wright requested if it was possible to please forwDrd' as much information in advance. Mrs. Padg~tt then took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Aye Councilmember WHolley - Aye Vice Mayor Trauger - Aye Motion carried 4-0. At this time, Vice Mayor Trauger declared a five minute recess. He reconvened the meeting at 10:00 P. M. Report on Golfview Harbour Enforcement Activities Mr. Cheney referred to submitting a report and stated we are continuing to work in this area as we are in every neighbor- hood' on a regular basis. Mr. deLong moved to accept this re- port of the City Manager, seconded by Mr. Wriqht. Under dis- cussion, Mr. Wright commented that it seems those violations that were cited prior to January have all been complied with and resolved. He would like, if possible, in a few months for Mr. Cheney to bring back a status report relative to this matter to see how we are progressing. He suggests that this be given at the first meeting in May and Mr, Cheney replied that he will report back. Motion carried 4-0. Mr. Wright moved to request Mr. Cheney to bring back a status report at the first meeting in May relative to the concerns in Golfview Harbour, seconded by Mr. deLong, No discussion. Motion carried 4-0. -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 AdoPt Royal Palm Clubhouse Use & Reservation Policy Mr. Cheney referred to submitting a revised policy and ex- plained that it was clarified that the Royal Palm homeowners group and ladies group will have the dates they have indi- cated and have had since 1958. From there on, there will be a list. He does not think there will be too much conflict, but if there is, it will be worked out with a drawing. Mr. deLong commented that this appears to be a good policy and a lot of effort has been put into it. If there are any bugs, they can be ironed out in the future. Mr. deLong moved to' adopt the Royal Palm Clubhouse Use and Reservation policy, seconded by Mr. Wright. Vice Mayor Trauger clarified that it had been moved and seconded t~ adopt the Royal Palm Clubhouse .Use and Reservation Poli~y as stated in the memo dated February 3, 1981. No discussion. Motion carried 4-0. Report on Auslander Project - Requested by Vice Mayor Trauqer Vice Mayor Trauger stated this is a housing project in the target area in the north end of the City. Mr. Cheney stated there have been articles in the newspaper regarding funding problems in reference to permanent financing'for the proje6t. He has to assume those articles were right. He has discussed this project with Mr. John Green, Director of Community Devel- opment, because he was involved in assisting Mr. Auslander. At the moment in an effort to help out, the Board of County Commissioners has authorized the purchase of the land. Mr. Green informed him that the County now owns that nine acres. It is tied down now for some kind of housing and it is 9ssumed that Mr. Auslander is still looking for financing. As soon as he knows more which is specific, he will give a report. Mr. Wright stated that he has been staying on this matter be- cause the Assistant County Administrator has sent him communi- cations relative to it. He also sent a letter to Commissioner Gregory requesting that the County Commission support t~e purchase of this property~ They did apprOve for Community Development to purchase the land. Vice Mayor Trauger a~ded that he intends to keep in front of this, so the City COuncil does not get charged with delaying action. Mr. deLong moved to accept the City Manager's verbal report on the Auslander project with a follow-up in the future_ Mrs. Woolley seconded the motion. No discussion. Motion carried 4-0. -24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Approve Survey Work Relative to Congress Avenue Utility Project Vice Mayor Trauger referred to a memo being submitted by Mr. Clark and Mr'. Cheney stated they are requesting approval to hire Mr. Shepard to proceed with this work which is needed to begin construction of the utility lines on Congress Avenue. He imagines the work will begin next week. Mr. deL~ong moved to accept the City Manager's recommendation and approve the survey work relative to the Congress Avenue utility project, seconded by Mr. Wright. Vice Mayor Trauger clarified it was moved and seconded to approve the survey work relative to the Congress Avenue utility project as stated in the memo dated January 26, 1981. No discussion. Motion car- ried 4-0. NEW BUSINESS Presentation and Discussion of Sand Dredging Project - South Lake Worth Inlet, 2.6 miles to Town of Briny Breezes Mr. Cheney referred to distributing copies of the public notice on this project from the Department of Natural Re- sources and stated this project affects our beach. He re- quested representatives from the County and consultants to be here to give a report on what they are doing, what they recommend, etc. If we want to make any kind of comment to the Department of Natural Resources, we have to make it by February 13. Mr. H. F. Kahlert, County Engineer, stated he will be happy to answer any questions, but first would like the consultant to give a five minute slide presentation. Mr. Tom Campbell showed slides taken of the beach over a 20 year period and told about the erosion taking place in vari- ous sections. He then explained with slides the project planned to improve the conditions. He clarified there were no plans to ask Boynton Beach for any share ~owards this beach construction, but the federal share will be 50%, the state share will be 33.1% and the county share will be 19.4%. It is proper for the City of Boynton Beach to comment on this Department of Natural Resources notice. Vice Mayor Trauger asked if we should send a reply that we accept this plan and Mr. Cheney replied that if they do not receive a reply, it will be assumed that we haVe no objec- tion. Mr. deLong suggested sending a reply telling them that we want it, Vice Mayor Trauger agreed this will be an improvement for our be~ch. -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mr. Cheney asked what would happen if the Sand is not moved and Mr. Campbell informed him that it will continue to erode. Mr. deLong explained how the main problem at our beach is the erosion of the dunes. Mr. deLong moved .to instruct the City Manager to go along the lines outlined with the acceptance of the recommendations made, seconded by Mr. Wright. Vice Mayor Trauger clarified that it has been moved and seconded for the City Manager to reply to the CoUnty accepting this sand dredging project from the South Lake Worth Inlet to the Town of Briny Breezes, with the com- ment that this will enhance the public beach. Under discus- sion, Mr. Cheney asked if when this is done, will there be a broader beach of sand area and Mr. Campbell replied that initially there will be. He explained that the sand will move quickly in the first year to fill in the gaps near the shore. There will be 100 additional feet. Mr. deLong asked if this addition will be on the east side of the present beach and Mr. Cheney replied affirmatively. Mr. Cheney asked if we are guaranteed the kind of sand will be compatible with what we have now and Mr. Campbell informed him that it is not as coarse as the current sand, but will be similar to the sand at Delray Beach. Vice Mayor Trauger commented that it would be darker then and Mr. Campbell advised that it will lighten up. Mr. Cheney commented that we should have some feeling whether the-people will complain about this. Mr. Cheney asked if the sand pumping facility was going to continue as he knows there has been some concern from the neighbors and Mr. Campbell agreed there is some controversy about the plant, but it will be continually used but the lo- cation is questiOned now. Mr. Cheney asked if the directors had taken a position in this project and Mr. Campbell replied negatively, but their initial position on the first proposal which included the extension of the south inlet jetty was negative. Motion carried 4-0. Consider FoOd Store Labeling Requirement - Requested by Council- man Joe deLong (Tabled) Mr. deLong moved to take this question from the table, seconded by Mr. Wright. Motion carried 4-0. Mr. deLong referred to this being tabled because we wanted to find out what direction the County Commission was going in and stated that now, the County has taken action and approved an ordinance on first reading. -26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mr. deLong moved to instruct the City Attorney to draft the appropriate resolution in support of this action by the County Commission, seconded by Mr. Wright. Under discussion, Mr. Wright clarified this will support what the County has done and Mr. deLong agreed. He added that he brought this to the attention of the Council because of requests from the people being disturbed by this new system. There were so many complaints, he believes the State Legislature is going to enact legislation to have this enforced. The idea is to endorse the County's action, so they go ahead with second reading of the ordinance. This will show we support the actions of the County. Mr. Vance stated there would be no problem to draft a resolution supporting the adoption by the County of the proposed ordinance. Motion carried 4-0. Accept Resignation of Joseph H. Albury and Appoint Replacement and One Additional Member to the Community Relations Board Mr. deLong moved to accept the resignation from Mr. Joseph H. Albury and send him a letter of thanks for past performances since he has been the longest member on that Board. Mrs. Woolley seconded the motion. No discussion. Motion carried 4-0. Mr. deLong moved to open nominations for replacements on the Community Relations Board,r seconded by Mrs. Woolley. Motion carried 4-0. Vice Mayor Trauger nominated Mr. John Robert Stripling, 2015 S. W. 18th Drive, and told about his experience and qualifi- cations. Mr. Wright nominated Col. William Condry and stated his resume was diStributed to ~the members last month. Mrs. Woolley nominated Mrs. Jan Lewis, 340 N. E. 25th Avenue, and told about her experience and qualifications. Mr. deLong moved that the nominations be closed, seconded by Mrs. Woolley. Motion carried 4-0. Vice Mayor Trauger announced the vote would be taken in the sequence in which they ~ere presented. He then called for a vote on Mr. John Robert Stripling and the vote was 3-1 in favor with Mr. Wright dissenting. Vice Mayor Trauger called for a vote on the nomination of Col. William Condry and the vote was 3-1 against with Mr. Wright voting in the affirmative. Mr. deLong clarified his negative vote in that Mr. Wright appointed three members on this Board at the organizational meeting and he thinks everyone should have the chance to appoint members. He thinks Mrs. Woolley, who has made no nominations, should be given consideration. He has no grievances a~ainst Col. Condry and doesn't know him. * Additional con~ents made by Mr. Wright at 2/17/81 meeting: -27- Mr. Wright referred to the rationale that Councilman deLong gave of supporting Councilmember Pat Woolley ~nd stated hopefully that rationale will be applicable for all of us when making Board appointments, MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mr. Wright requested that Col. Condry be kept in mind when recommendations are made for other Boards. Mr. deLong added that when we get to districting, appointments will have to be shared equally by the members of the Council. Vice Mayor Trauger called for a vote on the nomination of Jan Lewis and the vote was 3-1 in favor with Mr. Wright dissenting. ADMINISTRATIVE Report on Firing Range (Tabled) Mr. Cheney reported that now that the F.O.P. has changed offi- cers, we will have someone to work with. Mr. deLong moved to let this remain on the table, seconded by Mrs. Woolley. Motion carried 4-0. City Manager Report on MICA Studies (Tabled) Mr. deLong commented that he believes this should be left on the table. This is a very comprehensive and ambitious plan and when put together, it will revolutionize the entire City structure. He thinks this particular plan requires a lot of input from the people concerned. He is concerned about a re- port forwarded to the City Council from Tim Morman. Something as comprehensive as this should have a series of workshop sessions to see what direction we are going. Another thing to be concerned with is how many additional jobs will be created. Mr. Cheney clarified that the Fire Department study is not on the agenda and Mr. deLong agreed, but stated we have every right to talk about bringing it in with this particular MICA study because some of the recommendations will have a bearing on this. There are people conCerned. He went over some things with the Police Department which he was not in favor of. He thinks it is an ambitious program and some is long overdue, but we need input from the people involved at work- shop sessions. Mrs. Woolley asked if special workshop sessions would be held on these and Mr. deLong suggested they remain on the table and workshop sessions be set. Mr. Cheney stated he did not know they were going to talk about the Fire Department study. He assumed they would expect him to make a recommendation on these studies from MICA in addi- tion to listening to other experts in the community. Mr. deLong stated he thought it would be appropriate to have work- shop sessions and Mr. Cheney replied that he would like to present his report first. -28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Mr. deLong moved to leave this on the table until such time as the City Manager submits a report with his recommendations to the City Council and at that time, we can take action whether we need a workshop session. Mrs. Woolley seconded the motion. Under discussion, Mr. Wright added that he has not spoken to any experts; but feels if we are going to be making decisions like this relative to how the departments are functioning, he would prefer listening to Mr. Cheney first and getting his recommendations.* Motion carried 4-0. Adopt Policy Related to Newspaper to be used for Legal Adver- tising (Tabled) Mr. deLong referred to the City Attorney having some input and moved to take this question from the table. Mrs. Woolley seconded the motion. Motion carried 4-0. Mr. Vance referred to distributing a memo relating to this to the members of the Council and stated he will be glad to ans- wer any questions. Vice Mayor Trauger referred to the Florida Statute that ads must be published in a newspaper published at least five times .per week and stated the Boynton Beach News Journal will not meet this specification and Mr. Vance agreed. Mr. deLong added that the proposal was made because it would be more economical,! but according to the Florida Statute, we would be in violation to use the paper with the lower rates. Mr. Cheney clarified that the question is whether to use the Palm Beach Post or Sun Sentinel. Mr. deLong commented that he thinks it should be rotated and he thinks the Sun Sentinel gives good circulation. Mr. Cheney advised that we have been using the Palm Beach Post since 1977. Mr. Wright stated that he would like to continue with The Post and moved to continue with The Post with our advertis- ing. ViCe Mayor Trauger ascertained the motion died for lack of a second. Mrs. Woolley moved to'utilize the Sun Sentinel for one year. Mr. Vance suggested when using one newspaper that using for a year is a better approach rather than switching back and forth. Mr. Wright qUestioned the circulation in comparison with The Post and Mrs. Swiadek asked if a study had been done and added that she worked for an advertising agency which made a study and Vice Mayor Trauger declared her out of order having not requested to speak. Mr. Wright stated that The Post has a circulation roughly of 19,000 to 20,000 daily in the City and Mrs. Padget~ read from a letter advising that it is 18,000 daily with 19,000 on Sunday. Mr. Cheney commented that this covers more than Boynton Beach since *ndditionalcommentsmadebyMr.~ight at2/17/81 meeting.- -29- Mr. Wright made mention of a workshop meeting to discuss the MICA report prior to bringing it before the ~ouncil, MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 there are only 12,000 homes. Mr. deLong commented that he thinks the Sun Sentinel has as much coverage in the City. Mr. deLong then seconded the motion. Vice Mayor Trauger clarified that it has been moved and seconded to accept the Sun Sentinel for posting of legal ads for a period of one year. Mr. deLong asked when~the time runs out and Mrs. Padgett advised that some ads are pen~ing in The Post, but we could possibly finish out this calendar year with the Sun Sentinel. Mr. Cheney clarified that any new ads will go into the Sun Sentinel. Vice Mayor Trauger clarified that it will be effective at the discretion of the City Clerk. Mr. Wright asked if it would be possible to notify those people receiving The Post that we will be advertising in the Sun Sentinel and Mr. deLong replied that people do stop by the Personnel or Purchasing Department and there are people scanning newspapers and they will catch on that a switch has been made. The paper itself can publish the policy which has been adopted. Mr. Wright stated that he is concerned about people watching for these ads and Mr. deLong replied that he believes they are only put in to cover the law and the people are not looking for these. Mr. Wright commented that some people read everything. Vice Mayor Trauger clarified that it has been moved and seconded to place the City's legal ads in the Sun Sentinel starting at a period at the discretion of the City Clerk. Motion carried 3-1 with Mr. Wright dissenting. Review of New Proposed Employee Classification Plan and Implementation Manual (Tabled) Remained on the table. Ratification of South Central Regional Wastewater Treatment and Disposal Board Motion to Authorize Proceeding with Final Plans and Specifications for Expansion Mr. deLong moved to ratify, seconded by Mrs. Woolley. discussion. Motion carried 4-0. No Ratification of South Central Regional Wastewater Treatment & Disposal Board to Authorize Proceeding with Odor Control Program Mr. deLong moved to ratify, seconded by Mrs. Woolley. discussion. Motion carried 4-0. No -30- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Zoning Approval for Alcoholic Beverage License - Holiday Inn, 402 N. W. 2nd Avenue, Boynton Beach Mr. deLong referred to everything having been found in order and moved to approve, seconded by Mr. Wright. No discussion. Motion carried 4-0. Sale of Cemetery Lots 80 and 81, Block B Mr. deLong moved to approve, seconded by Mr. Wright. discussion. Motion carried 4-0. No Consider Application to Solicit - Florida Consumer Federation, Inc. (Tabled) Vice Mayor Trauger referred to taking this off the table since a solicitation ordinance is in effect and Mr. Vance informed him that this application was filed prior to adop- tion of the new ordinance. Mrs. Padgett pointed out that the dates of solicitation were only until January 31 and that date has now passed. Mr. Vance clarified that it be- comes a dead issue. Mr. deLong moved to take this from the table, seconded by Mrs. Woolley. ~Motion carried 4-0. Mr. Wright referred to notifying the group of the decision and Mr. Vance informed him that once someone files an appli- cation and it appears on the agenda for Council action, they are presumed to be in the audience and interested in the City Council's action. Mr. Cheney advised that Mrs. Padgett has conferred with these applicants. Approval of Bills Mr. Cheney read the following bills for approval: 1. Allied Chlorine Corp. 1,989.00 ChlOrine for Water Treatment Pay from Water & Sewer Rev. 401-332-533-30-63 2. American Metal Contractors, Inc. 7,084.00 Various size Trash Containers for Sanitation Dept. Pay from General Fund 001-000-247-93-00 Per bid of 12/9/80 Council approved 12/16/80 3. Board of County Commissioners 11,217.00 Use of County Landfill for December, 1980 Pay from General Fund 001-341-534-40-9~ -31- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 Thomas W. Harper, Sr. Installment of P.A. System and 11 microphones Pay from Anti-Recession 102-194'-519-60-91 1,125.00 S. F. Holden, Inc. Re: Easements Boynton Beach Pay from Utility General Fund 403-000-220-64-00 1,900.00 1 1 1 Hunters Run Golf & Racquet Club Board Dinner - December 1980 Pay from Publicity Fund 101-191-519-40-5H 3,564.63 Lamar Uniforms, Inc. Uniforms - 150 green pants Pay from General Fund 001-195-519-30-97 1,897.50 Neptune Meter Company 200 - 3/4" x 5/8" Meters Pay from Water & Sewer Rev. 401-333-533-60-51 5,158.00 Neptune Meter-Company For various size meters Pay from Water & Sewer Rev. 401-333-533-60-51 21,258.89 Seyfarth, Shaw, Fairweather & Geraldson 3,891.88 Legal Services during Nov. 1980 - Fire & Police Pay from General Fund 001-141-514-40-64 - 142.50 001-141-514-40--6L - 3749.38 Dr. Richard C. Vollrath 50% of cost for new radio for Medical Director Pay from General Fund 001-221-522-40-6F 1,610.50 Ernst & Whinney, CPA's Interim billing per 9/30/80 Audit Pay from various Departments & Funds 12,055.00 Isiah Andrews Driver for Senior Citizens Club - 2 weeks Pay from Fed. Rev. Sharing 320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 1t0.00 Willie Ruth McGrady Server for Senior Citizens Club - 2 weeks Pay from Fed. Rev. Sharing 320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 96.00 Publix Market Meals for needy & infirmed for Dec. 1980 Pay from Fed. Rev. Sharing 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 50.57 -32- MINUTES - REGULAR' CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 16. Sunshine Painting 2,527.00 Final payment painting of Water Tower Pay from 1979-80 budget - Contracts payable 401-000-205-02-00 17. South Central Regional Wastewater Treatment & Disposal Board Month of January 43,686.00 18. Village South, Inc. Shirts 1,514.75 19. Robert Gooding 1,500.00 Demolition at 924 North Federal Highway Mr. deLong moved that the bills, having been verified, be paid, seconded by Mrs. Woolley. No discussion. Motion carried 4-0. Zoning Approval for Alcoholic Beverage License for St. Andrews Club Mr. Cheney informed the Council that St. Andrews Club would like a second liquor license and there was some question whether it would comply with our ordinance because of the closeness. The City Attorney has ruled they are all part of the same group. He recommends concurrence. Mr. deLong stated on the recommendation of the City Manager plus the advice of the City Attorney, he moves to approve. Mrs. Woolley seconded the motion. No discussion. Motion carried 4-0. ADJOURNMENT Mr. deLong moved to adjourn, seconded by Mr. Wright. Motion carried 4-0 and the meeting was properly adjourned at 11:10 P.M. -33- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 3, 1981 CITY OF BOYNTON BEACH, FLORIDA BY Mayor - ,' / ~ / Vice MaWr Cc ATTEST: ~i{y Clerk Recording Secret-ary (Four Tapes) -34-