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Minutes 01-20-81MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 20, 1981 PRESENT Edward F. Harmening,~Mayor Walter "Marty" Trauger, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman Peter L. Cheney, City .Manager Tereesa Padgett, City Clerk James W. Vance, City Attorney Mayor Harmening welcomed everyone and called the meeting to order at 7:30 P. M. He announced the Invocation tonight will be by Rev. Ben Tidwell, West$ide Baptist Chapel, to be followed immediately by the Pledge of Allegiance to the Flag led by Councilman Joe deLong. He requested everyone to please rise. AGENDA APPROVAL Mayor Harmening asked if there were any additions, deletions or corrections and Mr. Cheney replied that he has two addi- tions and one deletion. He would like to delete Item X-I under Administrative. He would like to add under Announce- ments an announcement about the Local Planning Agency meeting and under Old Business an item relative to the golf course. Mr. deLong advised that the day or date was wrong for the Palm Beach County Legislative Delegation Public Meeting under Announcements and Mayor Harmening replied that the date is correct, but the day is incorrect. Mr. deLong moved adoption of the agenda with the additions, seconded by Mr. Trauger. No discussion. Motion carried 5-0. ANNOUNCEMENTS Mayor Harmening announced the A.A.R.P. Tax Aide Program for the Elderly.will be located on the second floor of City Hall every Monday, Wednesday and Friday from 9:00 A. M. to 4:30 P. M. starting the first Monday in February and continuing through April 15, 1981. Mayor Harmening announced the Palm Beach County Legislative Delegation will hold a Public Meeting in the City Hall Coun- cil Chambers on Friday, February 6, 1981 at 2:30 P. M. Mayor Harmening read a Proclamation proclaiming the weekend of March 7 and 8, 1981, as "Festival of the Arts" Weekend. Mr. Cheney announced 'that the Local Planning Agency will hold a meeting this Thursday to receive comments and discuss proposals for the neighborhood strategy area, which is basic- ally between the Boynton Canal, NE/NW 8th Avenue, the railroad and 1-95. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Cheney announced there will be a ground breaking ceremony for the Boynton Beach Mausoleum at the site this Thursday at 11:00 A. M. MINUTES Regular City Council Meeting of January 5, 1981 Mr. deLong moved adoption of the minutes as recorded, seconded by Mr. Trauger. No discussion. Motion carried 5-0. PUBLIC AUDIENCE Mayor Harmening announced that anyone who would like to ad- dress the Council on an item not on the agenda may do so at this time. He added if anyone would like to speak on an item on the agenda, to please give their name to the City Clerk and when that item is the order of business, they will be allowed to speak. BIDS Authorize Sole Source Purchase of Pump in Well ~9 Mr. Cheney referred to this being a request for authorization for a sole source purchase for a pump for Well #9, namely a Deming pump. The cost is $5,169. The reason we must h~ a Deming is that the way the pump was originally installed, you can only insert another Deming without major work on the well casing and head portion. It is necesssary to get this in be- fore the dry season starts in March and without making adap- tions to put another brand in, coupled with reasonable deliv- ery from Deming, we will be able to execute this in time to have this well in operation when the peak demand arrives. He recommends this purchase be authorized. Mr. deLong moved to approve, as recommended, this emergency purchase, seconded by Mrs. Woolley. No discussion. Motion carried 5-0. PUBLIC HEARING - 8:00 P. M. NONE SITE DEVELOPMENT PLANS Preliminary Plats -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Applicant: LocatiOn: Use: F & R Builders (Santiago Malavasi, Agent) Bordered on the South by Boynton Lakes Plat #1, the East by the E-4 Canal, the North by LWDD 19 and the West by Congress Avenue. Construct 295 units on 59.8 acres, Boynton Lakes Plat ~2 Mr. Annunz~iato referred to this application being for the preliminary plat consistent with the approved master plan and advised this is Phase II lying to the north of the cur- rently under construction Phase I. It provides for the con- struction of 295 units on approximately 60 acres. The Plan- ning & Zoning Board did review this and based on the staff recommendation to approve subject to the developer dedicating Tract Y as a utility e~sement, 'they recommended approval. He added that Tract Y is the road system where th~ utilities will be located. The Mr. deLong moved to ac and Zoning Board in so Boynton Lakes Plat ~2 Avenue south of Canal Mr. Wright seconded th ried 5-0. Applicant: Location: Use: Mr. Annunziato pointed plained that it provide tion of 176 units, sevE for t-he remainder of H~ Avenue to Barwick Road the master plan, but sc density is 100 units 1E master plan. The staf~ cation and recommended comments to the Plannit Zoning Board also recon Mr. Trauger moved to ac Summit Associates, ¢on~ units on 28.9 acres, t~ subject to staff comme~ No discussion. pplicant is in agreement. ~pt the recommendation of the Planning far as the preliminary plat for .ocated on the east side of Congress .9, in compliance with staff comments. motion. No discussion. Motion car- Summit Associates Ltd. (Conrad Schaefer, Agent) Coconu~ Lane at Summit Boulevard, southwest corner of Hunter's Run Golf & Racquet Club Constr~.ct 176 units on 28.9 acres, Plat of Westga~.e at Hunter's Run out the location of this plat and ex- s for utilities, roadways, construc- ral lakes, etc. This plat provides nter's Run to stretch from Congress on the west. This is consistent with ~e units have been relocated. The ss than initially approved by the reviewed the preliminary plat appli- approval as submitted with no staff .g & Zoning Board. The Planning & mended approval. cept the preliminary plat plan for ad Schaefer, Agent, to construct 176 e plat of Westgate at Hunter's Run, ts. Mr. deLong seconded the motion. Motion carried 5-0. -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Site Plan Approval Applicant: Location: Use: Summit Associates Ltd. (Charles Gilbert, Agent) Coconut Lane at Summit Boulevard, southwest corner of Hunter's Run Golf & Racquet Club COnstruct 176 units on 28.9 acres, clubhouse, pool and lakes Mr. Annunziato informed the Council this is the accompanying document to the preliminary plat. There are no new additional unit types proposed in this tract. The units will be the same as those under construction. The plan provides for 176 units in various types with lakes to be constructed. The lOop road continues from the dead end and Westgate Drive will be con- structed to Coconut Lane extended. Mr. Annunziato stated this site plan was reviewed by the Tech- nical Review Board and there were several comments. The Engineering Department noted paving and drainage plan as per preliminary plat development plans; the Public Works Depart- ment noted to coordinate dumpster locations with the Public Works Department; and the Planning Department noted that 18 parking spaces are requested for the community building based on the recently enacted ordinance and he explained the compu- tation for these and pointed out where the spaces will be allocated. The Planning& Zoning Board recommended approval subject to these comments. This was also reviewed by the Community Appearance Board and comes with a positive recom- mendation. Mr. Trauger moved that the site plan be approved for Summit AssOciates, Charles Gilbert, Agent, to construct 176 units on 28.9 acres with clubhouse, pool and lakes at Hunter's Run subject to acceptance of staff comments. Mr. Wright seconded the motion. No discussion. Motion carried 5-0. Mr. Annunziato added that last year, 332 units were c/o'd at Hunter's Run. Applicant: Location: Use: High Ridge Country Club (Peter Paulson, Agent) Hypoluxo Road at the LWDD E-4 Canal Modification to approved clubhouse .to allow the addition of a Pro Shop and Men's Lounge Mr. Annunziato informed the Council this application comes as a modification to the existing site plan for the addition of a lounge and~pro shop. The change is minor. This was re- viewed by staff and no comments were forthcoming. There is no additional parking required because it is based on member- ship. This comes with a positive recommendation from the Planning & Zoning Board. -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. deLong moved to accept the unanimous recommendation of the Planning & Zoning Board for High Ridge Country Club, Hypoluxo Road at the LWDD E-4 Canal, for modification to allow the addition of a pro shop and men's lounge. Mr. Trauger seconded the motion. Under discussion, Mr. deLong referred to the application noting this site as being in Lantana and Mayor Harmening replied that he imagines the mailing address is Lantana since they are located on Hypoluxo Road. Mr. deLong clarified that even if the mailing address is Lantana, the 'site is within the City limits of Boynton Beach. The application should designate the site is in Boynton Beach with a Lantana post office. Mrs. Woolley questioned if this would be a lounge for men only as noted on the agenda and Mr. Annunziato replied that it will be a private lounge for the club. Motion carried 5-0. Applicant: Location: Use: Howison Group for Lake Vista Townhouses West (Terry Howison, Agent) Rider Road Construct three townhouses and docks Mr. Annunziato stated this is an application to construct three townhOuses on Rider Road. This application came to the staff originally providing for the construction of three townhouses at this locatiOn, three townhouses at the east end of Rider Road,. and a single family home adjacent to the Intra- coastal. Based on the staff's recommendation, the applicant separated the single family home, since that would not re- quire review through our procedure and if included, it would have been addressed with R-3 setbacks and would not have been appropriate. The applicant then divided the two townhouse applications because there were some technical problems with the three townhouses .located to the east. This is a vacant lot on a finger canal shared with Lake Worth Mariner Village. Construction of the units is provided with parking backing into Rider Road. Mr. Annunziato continued that this plan was reviewed by the Technical Review Board and the following comments were made. The Engineering Department noted: 1. Section A-A is re- versed, 2. Six inches of shellrock is required instead of four inches as shown, and 3. Pavement in swale to be raised at least one inch from indicated grade so water will not stand in pavement. The Police Department noted that security lighting is desirable. The Public Works Department noted no underground garbage cans. It was reviewed by the Planning & Zoning Board and comes with a positive recommendation to ap- prove subject to these comments. It also comes with a posi- tive recommendation from the Community Appearance Board. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Wright moved to approve the site plan for Howison Group for Lake Vista Townhouses West for construction of three townhouses and docks subject to staff comments. Mr. Trauger seconded the motion. No discussion. Motion carried 5-0. Consider Request for Extension - Mariner's Way Mayor Harmening read a memo from Mr. Annunziato stating he has no objection to this extension for a period of six months for the bonding and recording of said final plat providing that such an extension is permitted in the subdivision regu- lations and that the bond amount be revaluated prior to re- cording. He asked if Mr. ~Vance had a chance to look over the regulations and Mr. Vance replied that it appears since this is a final plat, the Council can re-affirm the plat, but pro- vide all steps must be completed within an additional six months. Mr. deLong moved to approve %his extension, seconded by Mrs. Woolley. Mayor Harmening clarified it has been moved and seconded to approve this extension subject to re-evaluation of the bOnd amount at that period in time and the period is not to exceed six months. No discussion. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 81-1 - Re: New Solicitation Ordinance Mr. Vance read proposed Ordinance No. 81-1 by title on second reading: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CODIFIED ORDINANCES OF THE CITY BY AMEND- ING CHAPTER 20, PEDDLERS, SOLICITORS, ETC., ARTICLE III, CHARITABLE SOLICITATIONS, BY REPEALING THE PRESENT ARTICLE III A~D REENACTING'A NEW ARTICLE III, CHARITABLE SOLICITATIONS~ PROVIDING FoR PERMIT FOR SOLICITATIONS; PURPOSE; DEFINITIONS; APPLICATION PROCEDURE; FEES; CONTENTS OF PERMITS; RESTRICTIONS ON SOLICITATION~ PENALTY PROVISIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AUTH- ORITY TO CODIFY; PROVIDING FOR A SAVINGS CLAUSE; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mayor Harmening ssked if anyone in the audience wanted to speak in favor of this proposed ordinance and received no response. He asked if anyone wanted to speak in opposition to this proposed ordinance. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Pastor Rus Aldridge, Seventh Day Adventist Church, stated he doesn't know what was behind this new ordinance, but noticed from reading the old ordinance that all established churches located within the City's municipal limits were exempted from the requirements. He would like to bring forth some points for the Council's consideration. Rev.. Aldridge referred to paragraph (i) stating a financial statement for the last preceding fiscal year of any funds collected for charitable purposes by the applicant, said statement giving the amount of money so raised, together with the cost of raising it, and the final distributions thereof. This is asking him for a complete financial state- ment of all his activities within the church for the whole year. If he is not mistaken, it seems like more interven- tion by government into religious bodies than he would really like to see. In going along with this, it violates the fourth amendment to the Constitution and he explained.. To qualify for a license, his church must waive the fourth amendment rights. Rev. Aldridge then read Section 20-19 and explained how this meant he must have the City's permission to solicit from any of his members, plUs there are churches with large member- ships who would benefit by this. Mrs. Lyn Huckle, 656 Castilla Lane, referred to Section 20-17 on the first page and questioned how a .fraud would be estab-. lished and Mr. Vance replied the attempt to perpetrate a fraud would be determined in view of the commonly ordinarily understood language relating to a fraud. Mrs. Huckle ques- tiOned how this would be pursued and Mr. Vance replied that it should be reported to the Police Department. Mayor Harmening ascertained there were no further speakers and· declared the public hearing segment closed. Mr. Trauger moved acceptance of proposed Ordinance No. 81-1 on second.reading, seconded by Mr. Wright. Under discussion, Mr. Trauger asked Mr. Vance if he cared to comment on the comments raised by Rev. Aldrich as to the rights and require- ments of disclosure of his organization and whether this ordinaDce is circumventing the codes which he cited and Mr. Vance replied that he does not feel we are violating either the fourth¼ amendment to the Constitution or the fifth amend- ment. An attempt was made in Section 20-19 to exclude, as far as possible, local religious and charitable organizations. He can only repeat if the Council intends to regulate, they cannot regulate selectively and must regulate all or none.~ -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. deLong stated the only objections he has heard from the public in general is the fact this is going to be an imposi- tion on an organization such as the Boy Scouts having 25 to 30 kids out in the field. As far as the legality of any ordinance, any ordinance adopted is subject to a challenge in court and is only as good as the court upholds it to be. Mayor Harmening added that these types of regulatory ordi- nances, which most people seem to favor, are very difficult to enforce. The easiest a~d best way to enforce a restric- tion on solicitations is for the public, when these people approach, to find out who they are and what they want and tell them to get lost or give them some money. In view of various court rulings, the iCity is not in a very strong position to implement controls in some of these areas, but ~he public is in a ver~ good position. If everybody would turn them away, they would:be discouraged. Mr. Wright stated he is sympathetic to the concerns of Rev. Aldrich, but does believe it could be quite simple in terms of reporting finances relative to soliciting for specific purposes. It doesn't ~eemi.to be that stringent in 'terms of requirements. He doesn't ~hink it is requesting too much from an organization. ~Re~.! Aldrich questioned what would be considered as a financial Statement for the last receiving fiscal year and Mayor ~arm~ning replied that for a recog- nized church, it would be Whatever they care to submit. Rev. Aldrich stated he wan~s to live in harmony with the regulations and laws. _He referred to being involved with a case in Mexico and sta~ed ~hey want to do what they can ~to help the community. HOw this is going to be policed, he doesn't know, but hopes it is done better than it was last year. He told about o~e of his representatives being re- ported and having the DoliCe come to his home. Mrs. Padgett then took a roll call vote on the motion as follows: Councilmem~er Woolley - Aye Mayor Harm~ning - No Councilman deLOng - Aye Vice Mayor TraUger - Aye Councilman Wright - Aye Motion carried 4~1. Mr. Cheney added that ]~e thinks how this will work will depend on how it is ad~iniStered. It is really an admini- strative ordinance and permission will not be granted by the City Council any more. It can be administered in a legal way. MINUTEs - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Proposed Ordinance No. 81-2 -.Re: Amend Building Code to Incorporate County-wide Addendums Mr. Vance read proposed Ordinance No. 81-2 by title on second reading: AN ORDINANCE OF THE CIHY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUIiLDING CODE, SECTION 5-1, ADOP- TION OF STANDARD BUILDING CODE INCLUDING PART II (GAS), AND SECTION 5-2, AMENDMENTS TO THE BUILDING CODE, BY ADOPTING THE STANDARD BiUILDING CODE, 1979 EDITION WITH UNIFORM MINIMUM COUNTY-WIDE ADDENDUMS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PROVIDING FOR A SAVINGS! CLAUSE, REPEALING PROVISIONS; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mayor Harmening asked if anyone in the audience wanted to speak in favor of this proposed ordinance and received no response. He asked if anyane in the audience wanted to speak in opposition to this proposed ordinance and received no response. Mr. deLonq moved to adopt proposed Ordinance No. 81-2 on second and final reading, seconded by Mr. Trauger. No discussion. Mrs. Padgett 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 Ordinance No. 81-3 - Re: Amend Mechanical Code to Incorporate County-wide Addendums Mr. Vance read proposed Ordinance No. 81-3 by title on second reading: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, BUILDING CODE, BY THE ADDITION OF SECTION ~5-4, WHICH SHALL BE THE ADOPTION OF THE STANDARD MECHANICAL CODE, 1979 EDITION, BY ADOPTING SAID MECHANICAL CODE WITH THE UNIFORM MINIMUM COUNTY- WIDE ADDENDUMS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISIONS; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mayor Harmening asked if anyone in the audience wanted to speak in favor of this proposed ordinance and received no response. He asked if anyone in the audience wanted to speak in opposition to this proposed ordinance and received no response. Mr. deLong moved the adoption of proposed Ordinance No. 81-3 on second and final reading, seconded by Mrs. Woolley. No discussion. Mrs, Padgett 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. Proposed Ordinance No. 81-4 - Re: Amend Plumbing Code to Incorporate County-wide Addendums Mr. Vance read proposed Ordinance No. 81-4 by title on second reading: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 22, PLUMBING BY AMENDING SECTION 22-1, STANDARD PLUMBING CODE, ADOPTED BY REFERENCE AND SECTION 22-2 SAME, AMENDMENTS, BY ADOPTING THE 1979 ADDITION OF SAID CODE WITH THE UNIFORM MINIMUM COUNTY-WIDE ADDENDUMS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISION; AUTHORITY TO CODIFY; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mayor Harmening asked if anyone in the audience wanted to speak in favor of this proposed ordinance and received no response. He asked if anyone in the audience wanted to speak in opposition to this proposed ordinance and received no re- sponse. Mr. deLong moved to adopt proposed Ordinance No. 81-4 on second and final reading, seconded by Mrs. Woolley. No dis- cussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Wright - Aye Councilmember Woolley - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman deLong - Aye Motion carried 5-0. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Proposed Ordinance No. 81-5 - Re: Allocation of Antirecession Funds Mr. Vance read proposed Ordinance No. 81-5 by title on second reading: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-14 TO PROVIDE FOR AN AMENDE~ ESTIMATE OF REVENUE~AND EXPENSES FOR THE FISCkL YEAR BEGINNING OCTOBER 1, 1980 AND ENDING SEPTEMBER 30, 1981 Mayor Harmening asked if anyone in the audience wanted to speak in favor of this proposed ordinance and received no response. He asked if anyone wanted to speak in Opposition to this proposed ordinance and received no response. Mr. deLong moved to adopt proposed Ordinance No. 81-5 on second and final reading, seconded by Mrs. Woolley. No discussion. Mrs. Padgett took a roll call vote on the mo- tion as follows: Councilmember Woolley - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 5-0. Ordinances - 1st Reading Proposed Tree & Landscape Ordinances Mayor Harmening stated it is his understanding that the Community Appearance Board had considerable additional and creative thoughts to improve these ordinances and at such time as their thoughts can be reviewed and incorporated by the City Attorney into these two proposed ordinances, it probably would be appropriate to table. Mr. deLong advised that 2½ pages of amendments were reviewed and adopted by the Community Appearance Board at their meet- ing last night and he suggests that each Council member be supplied with these copies. Mr. Cheney asked if these were the ones submitted by Mr. O'Brien and Mr. deLong replied af- firmatively and also one submitted by Harold Blanchette re- garding the landscaping of dumpsters. He thinks it would be advisable to supply copies to the Council members. Mayor Harmening requested these to be forwarded to the City Attor- ney for incorporation into the proposed ordinances and fur- nish the Council with copies also. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Cheney clarified that these new ordinances are not on the table. The old ordinances were untabled and disbanded. Mr. deLong moved to lay the questions on the table, seconded by Mr. Trauger. Motion carried 5-0. Mr. Trauger referred to these two ordinances b~ing exceedingly complicated and requested they be announced when they are com- ing up again and have the Chairman of the Community Appearance Board and CitY Forester present for briefing and explanation of any questions. Resolutions Proposed Resolution No. 81-C - Re: New Job Descriptions in Utility Department Mr. Vance read proposed Resolution No. 81-C by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE JOB DESCRIPTIONS FOR LABORA- TORY TECHNICIAN TRAINEEr LABORATORY TECHNICIAN I, LABORA- TORY TECHNICIAN II, LABORATORY TECHNICIAN III, INVENTORY AND RECORDS CLERK Mr. deLong moved adoption of Resolution No. 81-C, seconded by Mr. Trauger. No discussion. Mrs. Padgett 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. OLD BUSINESS Review of New Proposed Employee Classification Plan and Imple- mentation Manual (Tabled) Mayor Harmening.announced this is to remain on the table until the next meeting on February 3, 1981. Authorizing Employment of Consul%ant for Next Design Review of 30 Acre Park Mayor Harmening referred to backup material being submitted and asked if Mr. Cheney had anything additional, Mr. Cheney recommended proceeding with this firm. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. deLong moved to accept the recommendation of the City Manager in relation to the employment of a consultant for the next design review of the 30 acre park. Mrs. Woolley seconded the motion. No discussion. Motion carried 5-0. Mr. Cheney added that we have.received a site plan appli- cation for the 55 acre park from the County located on the east side of Congress Avenue behind South Tech. It will be presented to the Planning & Zoning Board at their next meet- ing and will be before the Council at the next meeting. It is in the Mayor's office for review. Mr. deLong commented that it looks very good and Mayor Harmening agreed. Mr. Cheney then referred to -seven acres of this property not being in the City and advised we are urging the County to take action to have this property annexed into the City. Mayor Harmening added that this property is in the middle of the ball park and he thinks it may pose some problems for the staff of the Parks & Recreation Department. He hopes it will be taken care of. Amend Travel Reimbursement Amount for City Board Members and Em~.loyees Mr. deLong referred to this being long overdue and stated there is little enough we can do for the amount of work the Board members do for the City. He moved to approve the increase as recommended, seconded by Mr. Trauger. Mayor Harmening clarified that the increase was to 20¢ per mile for-City Board members and employees using their cars on City business. No discussion. Motion carried 5-0. Review City Position on New Post Office Location Mr. deLong asked if there were any replies from the Congress- men to our resolution forwarded in May and Mr. Cheney replied that he heard nothing about the resolution until receiving the new material for the A-95 review process. He heard noth- ing about it-from the Congressmen or postal service. Mr. deLong asked if it would be advisable to send a personal letter to Congressman Mica calling to his attention the reso- lution being sent and requesting his support? He referred to a post office being put here when the town was small and stated they now want to move it out of the City limits. Mr. Trauger commented that we must be vigilant or the same thing will happen as it did for the high school for Boynton Beach. He believes the resolution should be urged to the State Senators' and work through the Chamber of Commerce for input. However, the greatest input would be from homeowners' associations, voters' organizations and condominium associa- tions to write to the Post Master and Congressmen. -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mayor Harmening agreed and urged the public to join in to keep the post offiCe in Boynton Beach by writing a brief note to Congressman Mica and Senators Chiles and Hawkins. The people should state their feelings strongly and this would have considerable impact. He also believes it would be a good idea for this Council to take a firm stand with a new resolution to all three representatives in Washington. Mr. Cheney informed the Council there is a meeting of the Area Planning Board tomorrow and he proposes to have the City Planner attend and make a statement. The resolution addressed two parts of the issue. One is the question of a retail facility in the downtown location with post office boxes and adequate parking. There is also the question of a large major facility, which the resolution said should be within the City limits~. He assumes the Council maintains the same position. At the Chamber of Commerce meeting this morning, they voted to urge the location to be in downtown east of 1-95 and they will be making that statement to the Area Planning Board. We do have a letter from the postal service saying they will keep the present facility, but there is a lease problem. He believes we want it downtown and don't care about the lease problem, but they should have adequate parking and access. Mr. Trauger recommended that we stick to the entire post office complex being within the limits of Boynton Beach. Otherwise, we could wind .up with something extremely small and he thinks the major operation should be here. Mayor Harmening agreed and added if we leave our guard down and it is built outside the City, there will be another fight when they decide to eliminate the existing facility. Mr. Cheney clarified that they want to maintain both in the City and Mayor Harmening replied affirmatively. Mr. Wright stated that he believes the staff should obtain more information regarding the relative area. Mr. deLong referred to four sites being mentioned and Mr. Wright ex- plained these are not very definitive. Mr. deLong stressed that we should use as much pressure as we can because from past experiences, he would not doubt that they have already selected a site. Mr. Trauger referred to newspaper reporters being present and urged them to have editorial or staff items in favor of the Council's position. Mr. Cheney stated that a statement will be made to the Area Planning Board tomorrow and a new resolution will be pre- pared. -14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Trauger moved that a resolution be' drafted to contain that the proposed Dost office facility remain within the City limits of Boynton Beach. Mr. deLong seconded the mo- tion. No discussion. Motion carried 5-0. Report and Recommendation - Re: Motorola and Congress Avenue Mr. Cheney distributed a report and advised this is a product of meetings last week on the Motorola issue and then read the following: "This report is written for the purpose of summarizing the status of Congress Avenue road project as it relates to Motorola and the DRI review process. Currently Congress Avenue is not in the State road funding program for its Economic Development Road Fund. Congress Avenue from Old Boynton Road to N. W. 22nd is included as the first item on the County Engi- neer's list of road projects presented to the Board of County Commissioners, and Congress Avenue from N. W. 22nd Avenue to Lantana Road is fourth on the list, for consideration to be funded by a possible road bond issue. 0 Road funding must be solved in order to bring about adherence to the principle of the terms of the DRI approval, and also to serve the increasing develop- ment on Congress Avenue. "I recommend that the City Council urge the Board of County Commissioners to keep Congress Avenue as its first priority on the project list for a possible road bond issue, and furthermore that the City Council request the Board of County Commissioners to express again in the Strongest terms possible, their intent to include Congress Avenue funding in next year's County road program if a bond issue is not passed. "Much progress in the Motorola development has been made, and this last step of road construction must be assured. Governmental units in thiS area have completed an efficient DRI process, which sets the stage for this significant indus- trial development. The State has committed to assist in the funding of Congress Avenue in order to keep this major indus- trial expansion within the State of Florida. The State to date has not lived up to its commitment, and apparently will not do so until after July of 1981, and then only if the Legislature re-approves funds for the second year of its Economic Development Road Fund. -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 "It is interesting to note that this new Economic Develop- ment Road Assistance Program was initiated in part to meet the needs of the Motorola Development, and yet, in spite of the fact that it appears that Motorola is further along towards ground breaking and construction than other projects on the funded list, the State has chosen not to fund the Motorola project. "The current status of activities in the Motorola/Congress Avenue area is as follows: Motorola is within five to six weeks of being able to break ground from the point of view of obtaining its final governmental permits. e The City of Boynton Beach has entered into comprehen- sive utility agreements for utility service in the Congress Avenue area that will provide the necessary utilities for the Motorola project. A total of $1,121,140.85 has been put into a construction escrow account for utilities to serve the Congress Avenue area, including $84,422,66 from Motorola and an addi- tional $2,057,048 of E.P.A. funds have also been com- mitted for the necessary water and sanitary sewer system in this area. In addition, developers on Congress Avenue have accepted obligations to expend the equivalent of $1,344,000 in roads and access im- provements along Congress Avenue that are needed as a result of their projects. "The only public improvement item standing in the way of a successful Motorola industrial development project is the improvement to Congress Avenue, a project where the State has not yet lived ~up to its commitment. With the current appro- priation and allocation of State funds, the State of Florida cannot live up to its commitment unless the Legislature takes action to fund the program for another year, and even this is not a guarantee of funding, since the allocation of funds is dependent upon an administrative committee, a committee that chose not to fund the Congress Avenue/Motorola project this year in spite of State commitments. SUMMARY: "I recommend that the Mayor and City Council urge the County to make a strong commitment to its responsibilities for the funding of Congress Avenue, which is a County road, that the City Council urge the County Delegation to attempt to bring about a re-allocation of the current State funding and also seek an extension of this important program for a second year." -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. deLong stated at this time, he thinks it would be advis- able to request all those present here this evening to attend the meeting of the Legislative Delegation on February 6. Mayor Harmening added that if his memory serves him correct, the County Legislative Delegation is going to discuss trans- portation matters on January 21 in the County Court House and it certainly wouldn't hurt to have the City Council address the Delegation while they are present in the City. He thinks if we had a large turnout for the Delegation meeting, it would probably have considerable impact on their thinking. Mr. deLong asked if it would be possible to include notice of this meeting when sending out the utility bills to request the people to appear and Mayor Harmening replied that all the people wouldn't receive notice as the mailing of the utility bills is on a staggered cycle. Mr. Cheney advised that he plans to attend the meeting tomor- row because the County road program is going to be discussed. He thinks a presentation should be made tomorrow and when they come to town. Mayor Harmening commented that if 2/3 of the people present will attend, it will have some effect. Mr. Trauger asked what time the meeting was scheduled tomor- row and Mr. Cheney replied at 2:00 P. M. and the Chamber of Commerce also plans to attend. Mayor Harmening suggested going on record recommending to the Board of County Commissioners the priorities regarding Congress Avenue. Mr. Vance suggested a motion adopting the recommenda- tion of the City Manager as just read. Mr. deLong so moved, seconded by Mr. Wright. Mayor Harmen±ng added this recommenda- tion should be presented to the County Commissioners. No dis- cussion. Motion carried 5-0. Report on Golf Course Mr. Cheney distributed a letter from Mr. F. Martin Perry, which was received today relative to one of the major ques- tions which has been before us regarding access to the golf course. This has been a projeCt of COunty action in the plan- ning and zoning field, which at one time purported to show we had access, but in reviewing it was not as solid as we hoped. He is comfortable with this letter, but the City Attorney has not seen it. He thinks this letter gives us assurance to the access we have been looking for. The developers do commit themselves to build the road when we feel we need it for the golf course, under the condition that we don't delay too long so inflation eats up what they plan to spend on the road or their improvement funds are spent. We will be moving expedi- tiously o~n the golf course. -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTONBEACH, FLORIDA JANUARY 20, 1981 Mr. Cheney suggested that this letter be reviewed for the next meeting together with the design previously submitted and authorization for the design can then be given at the next meeting if they are satisfied with the position of the attorney for the developers. The figure for the golf course design is about $129,000, which is the total figure. He knows some people will find lower numbers, but there will be open holes on travel expenses, architect's expenses, etc. This is the total figure and includes the service from the architect over the next few years to work with us. If the City Attorney, City Council and he agree, after studying the letter, that it is an adequate commitment, they can go ahead with authorization. He does not believe an extension will be necessary'from the County. As long as we are moving ahead during the middle of 1982, there will be no problem. Mr. deLong stated that he believes this communication is of the utmost importance and should be read into the public record. He thinks we should proceed post haste because the City had the opportunity to acquire a golf course in the past and didn't. We are fortunate now to get another offer and agreement with the County. We are certainly very fortunate to be able to construct a golf course for about half the price without having to buy the land. Unless you have a golf course, we do not have a City of any consequence. He thinks we should not sit idly by and let this remain on the back burner. We should use every effort to make this become a reality and don't miss a second opportunity to acquire a muni- cipal golf course. Mr. Fred DiSalle, 1316 S. W. 18th Street, came before the Council. He stated it has been approximately five months since an architect for the design of the golf course has been selected and at that time, presumably some commitment had been made. Not a line has been drawn nor information been made available regarding the golf course. The lease agreement has a 2½ year reverter clause. We are running out of time. The citizens are frustrated. In May 1979, a referendum indicated overwhelmingly that the citizens of BoyntOn Beach wanted a municipal golf course. Mr. DiSalle then referred to recapping some.Of the statements made last year and read from a memo dated December 5 from Mr. Cheney to the Mayor and City Council advising that it is as- sumed the design of the golf course will begin arOund April 1, 1980 if the Council is willing to appropriate design and front-end money, with the construction to begin in August, 1980. Why hasn't the architect started the design? -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. DiSalle continued that at the regular City Council meet- ing of January 7, 1980, it was stated that it is assumed that it may be possible to actually sell bonds within 60 to 90 days after the bond resolution is passed or by the end of June, 1980. Why hasn't the resolution been passed? Mr. DiSalle stated on July 1, 1980, at a City Council meet- ing, Mr. Cheney stated he would like to identify the proce- dure we have to follow in the architect/engineer selection and he read what was necessary. Has a contract been nego- tiated? Mr. DiSalle continued that Mr. Trauger outlined this as fea- sible, but people are concerned about public funds. Seven years ago, we could not fund the land. Now we have the land, but we must act within two years or will lose the land. Lake Worth, Delray Beach, Boca Raton, West Palm Beach and Palm Beach all have municipal golf courses. Why hasn't the City Manager's plan been implemented? Mr. DiSalle continued with reading from a memo of July 10 from Mr. Cheney advising that it is anticipated an agreement with the architect/engineer will be in three parts, so a detailed cost analysis can be developed at the end of each part. Why hasn't this been done? Why has this project been delayed? Why did it become stagnant because of the access road? He would like answers to these questions. Mr. deLong stated at this time, he believes there are quite a few people in the audience who Would like to know the con- tents of this letter from Mr. Perry and he would like it read into the record. Also, he thinks it would be in order to pre- vail upon the County Commission to extend the implementation date. He sat in Commissioner Gregory's office with the Presi- dent of the Golf Club and a commitment was made for five years, but then the County Commission reduced it to two years. He would like to prevail upon this Council to prevail upon the County Commission to extend it another two years. Mr. Bob Kaufman, 2515 N. E. 2nd Court, referred to being a resident of Boynton Beach for five years and stated during the last four years, they have been trying in every way to get something done to make this City respectful with doing things like other cities and not falling behind. As far as a road, he spoke with Commissioner Gregory this morning and we have always had a road to the golf course. The access road was only something on the premise if the developer was not going to develop the area, we would have to build the road ourselves. There is no reason whatsoever to stop this from going ahead. The members of the Golf Club number over 700. We are the only City within this locality which does not have a golf course and we are the third largest City in the County. We are being ridiculed by everyone in the County. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Kaufman continued that tOday Commissioner Gregory asked what was stopping us from getting something done or starting. It is almost lb years and no action has been taken. We should take action immediately in some respect. Mr. deLong moved to have, for the benefit of the people here, the reading into the public record of the agreement which has been forwarded in so far as the road is concerned. He thinks a resolution would be in order to instruct the City Attorney to draft requesting an extension for two years for the imple- mentation, which will guarantee if there are any delays the reverter clause won!t go into effect. The motion includes the reading into the minutes of this communication and the fact we want .to request a resolution to be drafted to see if the County Commission will grant an extension. Mr. Trauger seconded the motion. Under discussion, Mr. Wright commented that it is evident the citizens in Boynton Beach want a muni- cipal golf course and he thinks we should do what we can to make it a reality. He is not familiar with where we are todaY in terms of the golf'course. He thinks it would be appropriate for the City staff and members of the Golf Club Committee to meet with him and other members to explain where we are. Motion carried 5-0. Mr. Vance then read the following letter from Mr. F. Martin Perry dated January 19, 1981: "As you are aware, 'one of the conditions imposed by the Board of County Commissioners on the redesign of the Master Plan for this development was a requirement that the develOper provide access from the development to the adjacent acreage on which the City of Boynton Beach proposes to construct a municipal golf course. More specifically, the pertinent con- ditions read as follows: Petitioner shall construct access to the City of Boynton Beach property to the north of this project. This access to be acceptable to the County Engineer. Petitioner shall contribute one Million Three Hun- dred Thousand ($1,300,000.00) Dollars toward the cost of meeting this project's direct and identifi- able traffic impact. This contribution will be ap- plied directly toward the four-laning of Military Trail and the intersection improvements at Hypoluxo Road and Military Trail, Hypoluxo Road and Jog Road, Boynton West Road and Military Trail and the construc- tion of the access road to the City of Boynton Beach property. The balance of $1,300,000.00 is to be paid no later than four (4) years after the date of Special Exception approval. -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 "As you are further aware, the approved Master Plan for the development shows access along the northern boundary of the property commencing at Jog Road and running easterly to the site of the proposed municipal golf course. "We have received inquiries from you, as Well as Commis- sioner Gregory and the County Engineering Department staff, relative to the timing of the construction of this means of ingress and egress to the golf course. I am authorized by my client to confirm to you my previous telephone advice, i.e. that my client will coordinate the construction and comple- tion of this golf course access road with the construction and completion of the golf course. Please understand, however, that my client's ability to coordinate the construction and completion of this road with the construction and completion of the golf course assumes~that the golf course will be com- pleted prior to four years from September 16, 1980, which was the date of the Resolution approving the Special Exception. If the entire $1,300,000.00 has not been utilized on or be- fore that date, then condition ~9 delineated above requires the payment of the balance of the funds on that date, at which time my client's obligations would terminate upon its payment of these funds to the County. This understanding further assumes that the completion of the golf course shall be timed so as not to permit the erosion of the $1,300,000.00 by inflation or increased construction or other costs related to all of the improvements described in Paragraph 9. "Additionally, my client requires written confirmation that the City will have no objection to my client, if it so desires, constructing a golf cart crossing of the canal which runs along the northern boundary of our project east of Jog ROad in order to provide access for the residents of Le Chalet to the golf course access road and thus, the golf course. "Please advise in the event you have any questions." Mr. deLong stated that he thinks the people in the audience can understand why an extension of two years is asked for. Mr. deLong made a motion that the City Manager be instructed to move post haste in so far as getting the golf course back on track, meet with the committee and get moving on this. Mr. Vance advised that he has drafted, at Mr. Cheney's direc- tion, a proposed contract which is agreeable to the architect which has been held in abeyance to solve the access road. Mr. Trauger then seconded the motion. Mayor Harmening clarified that it has been moved and seconded for the City Manager to proceed on the golf course arrangements. .Under discussion, -21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Cheney advised that the next two steps are to accept this letter at face value or confirm one or two things and execute the design Contract. The golf course is on track and has been on track. There have been problems along the way to be sure we spend the taxpayers' funds properlY. If the Council auth- orizes $129,000 tonight, the contract will be signed. Mr. deLong questioned where $129,000 was going to come from? He clarified that with him being authorized to proceed, he must come back with recommendations of what is necessary to pro- ceed, Mr. Trauger stated that first the letter must be ac- cepted with the concurrence of the City Attorney. Mr. Vance stated that he has a couple questions that 'he would like clarified. Mr. Trauger recommended that the City Manager clear the letter with the City Attorney for his concurrence. Mr. Cheney stated he will bring back a statement at the next meeting regarding funding. Mr. deLong stated that his motion is in order for the City Manager to proceed to get this mov- ing and we will be waiting to hear from him what further action the City Council must take. Motion carried 5-0. At this time, Mayor Harmening declared a short recess and then reconvened the meeting at 9:20 P. M. He then explained that one person intended to speak under Public Audience, but wasn't recognized. Mr. deLong moved to revert back from the regular order of business, seconded by Mr. Wright. Motion carried 4-0, since Mr. Trauger had not yet returned. PUBLIC AUDIENCE Mr. Tom Plummer, 1314 S. W..25th Place, stated he comes before the Council again in reference to a problem presented on June 12, 1980 regarding an ordinance pertaining to the clearing of vacant lots. The lots are still the same as he reported. Mr. Cheney and Mr. Howell did come by and he showed them the ~eas. At that time, he assumed the City Manager and Building Official were going to do something about them. He showed them a pile of debris along the side of S. W. 12th Street. Mr. Howell said he could get it moved, but apparently could not as it is still there. If there is an ordinance~ why can't it be enforced within a seven month period of time? He wants to get the lots cleaned off. Once they are clean, maybe people will stop dUmping. They don't know who the owners are. From what he understands, the City can clean off the lots, bill the property owners, take them to court or put a lien against the property. They are just asking for the lOts in Golfview Harbour to be cleaned off. -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mayor Harmening informed him that the ordinance prescribes certain methods and procedures for clearing lots and the procedure must be followed. He asked if Mr. Cheney was familiar with this situation and Mr. Cheney replied that he cannot shed light on each specific lot, but we have cleaned up and sent out violation notices and stuff is continually dumped. There haVe been over 1,000 violations on lots corrected in th~ City. The City does not go on lots and clear them off, but we do mow lots. A violation notice is sent to clear off a lot and if not done within the re- quired period, it is submitted to the Codes Enforcement Board. Mowing has been done in Golfview Harbour. There are several places where there is continual dumping. Mr. Trauger asked if any of these lots had gone to the Codes Enforcement Board and Mr. Plummer replied that he did also talk to Mrs. Moore. Mr. Cheney explained that Mrs. Moore makes the inspections and violations have been sent where appropriate. This has not been ignored, but the problem is not solved. Mr. Trauger asked if it could be traced where these are in the process and give this information to Mr. Plummer and Mr. Cheney agreed this could be done, but added that there are some violations where they have a disagreement with Mr. Plummer whether they are actually violations. Mr. Wright asked if he was speaking on behalf of the Home- owners Association of Golfview Harbour and Mr. Plummer re- plied affirmatively and added that his property values will go down with the way the area is being let go. He talked to the people there, but they wouldn't come in a group be- cause some are afraid to come before the Council, some are afraid nothing will be done, and some don't want to get in- volved. Mayor Harmening comm.~'ented that sometimes it takes awhile for the wheels to get moving. Eventually the problem will get resolved. Mr. Wright stated he would like to see a status report in writing as he has heard Mr. Plummer convey these complaints for some time. He would like to know where we are in respond- ing to his requests. Mr. Cheney agreed, but explained that the whole City should be included in a status report. Mr. Plummer stated that his concern is Golfview Harbour where he lives. He wants support from the City. The City has responded well in the past, but this seems to be a stumbling block. Mr. Cheney commented that we have taken care of the easier problems in the past and are now stuck with the harder ones. -23- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA Mr. Plummer asked if something w 30 days and Mr. Cheney replied t phrase. He will not .guarantee i He will not guarantee that all t cleaned up and won't start again he wants the City to come throu¢ lot like the ordinance says. Mr EETING JANUARY 20, 1981 ill be done with this within hat something is a broad t will be solved in 30 days. cash and cuttings will be Mr. Plummer stated that h and clear off each vacant Cheney informed him that the City does not clear trash off vacant lots. Mr. Plummer clarified that he is talking about overgrowth and weeds. The City trash truck does pick BP most ~f the trash. The lots should be cleaned off and ~t will cur%ail the dumDing of trash. If people see how we~l they are cleaned off~ then they will take a second 10ok before dumping trash on them. Mr. Plummer added that he was told the 15' along the pave- ment is public right-of-way and if that is true, all that overgrowth is the City's responsibility. Mr. Cheney informed him that we do not go around the City and clear the 15' swale area. The City relies on this being the responsibility of the property owner. The proper~y owners are made to clean it up if it is a violation. Mr. deLong stated that he thinks we need a strict lot clear- ing ordinance or enforcement of one. It is a drawn-out pro- cedure to notify people, etc. The City Attorney should be able to come up with something ~o get more immediate action. Also, the number of people in t~e lot cleaning crew should be increased. Something must b~done in this City because it is in a sad state of affairsWhen seeing the condition of vacant land. Mr. Cheney explained that most o vacant lots, which the City does lots and he told about having th lots scheduled now, so this will deLong referred to relief in the clarified that the problem is no asked if this request could be a Cheney replied that he has told working on it. f the problem is trash on not Clear off. We do mow e equipment and having the be done regularly. Mr. interim and Mr. Cheney t growth now. Mr. deLong ~commodated now and Mr. ~r. Plummer that we are Mr. Wright stated that he would if implementation of the solid w by MICA would alleviate some of informed him that would not affe clearing of vacant lots. He exp was to combine trash and garbage piles setting around, neighborhoo detailed implementation program ike an update. He asked ~ste study as recommended these problems and Mr. Cheney ~t the lot mowing problem or lained that recommendation pickup which will eliminate ~s for a two week period. A Df that will be presented within a couple weeks to see if the Council wants to proceed. -24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Trauger suggested that Mr. Plummer check with the Build- ing Department to followup on the letters sent to the lot owners. He will then have a ti~e frame when something will happen. Until the time runs ou~ on the notices and comes before the Codes Enforcement Board, there is no other Way to ge% the lot cleaned. Mr. deLong referred to the City ~ttorney researching for a more suitable ordinance so the City could go in and clean up without having to wait for a reply from the owner and Mr. Vance informed him that if the Clity desires to'collect from the owner for cleaning the lot, we have no choice except to Send reasonable notice. No City uses an instantaneous ap- proach. If we are going to place a· lien against the lot owner for the cost of cleaning up, 30 days notice must be given. Mr. deLong informed him that as far back'as 1959, Boca Raton has gone in and cleared lots and charged the owners. Mr. Plummer stated h.e is sure thee Council is aware of his problem and he will look forward for some action. Mr. deLong-continued that we hav~ to realize people in this City have been very patient. They have been asking for assist- ance, It seems we should adopt ~ system whereby the City can take it upon themselves to go around and not wait for resi- dents to call it to our attention. PeOple in the City should make reports and immediate attention be given to them. Mr. Cheney informed him that we do have people in the field and attention has been given and a l~t of problems have been solved. Mayor Harmening added t~at if the City enters into this arrangement, it will cost m~re money and Mr. deLong re- plied if the people want service, they will pay for it. Mr. Cheney added that we are going tQ end up with people having to do more for themselves because people do not appear to want to pay. Mr. Wright stated we should see what can be done to take care of this problem as seven months is a long time. He thinks it is an administrative problem which the Staff can handle. Mayor Harmening asked if anYone from the Building Department has been out there and looked at the problem recently and Mr. Cheney replied that he has gone ~2here with Mr. Howell. Mayor Harmening asked what steps were taken and Mr. Cheney informed him that violation not will give a report at the next mI Mrs. Woolley asked if the owners and Mr. Cheney replied that we b~ when there is a violation, a not~ ices have been sent and he ~eting. are billed for lot clearing ~11 for mowing. He explained ~ce is sent to the property -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 owner and they have 30 days to mow it or we will do it after 35 to 40 days. They are then billed for the mowing. Mrs. Woolley referred to the fee and Mr~ Cheney advised it is $30 per hour with a $30 minimum. Mr. deLong commented that some people in this business would be happy to do the work for the City if the City does not have the manpower to keep up with it and Mr. Cheney clarified that mowing is not a probls Mr. Trauger asked abou this is a problem as t explained how a judger is involved and just ~ NEW BUSINESS Consider HUD Work Stud Mr. Wright referred tc Smith!'s request for Ci stered by HUD for minc program in Public Admi sity and then requeste · Administrator, to expl Beach to participate. Mr. Smith stated that BoyntOn Beach to join to join~ in this progra training of students i ning. The Florida Atl for minority graduate that it provides cheap Beach County. It prim to match the HUD feder Delray Beach, West Pal ning ~oard and the Cou this program. He will Mr. wright added that 1979 and when Mrs. Tin approved participation Mr. Trauger asked if t gram are under the col me t tree trimming and Mr. Cheney replied here is no specific standard. He ent must be made when natural growth hat should be cleared. y Program - Requested by Councilman Wright submitting a package pertaining to Mr. ty participation in this program admini- rity students enrolled in the graduate nistration at Florida Atlantic Univer- d Mr. Tony Smith, Assistant County ain why it is necessary for Boynton Ne previously requested the City of with other entities in Palm Beach County m administered by HUD for on-the-job n the area of. public management or plan- antic UniVersity provides this program students. The beauty of the program is labor to governmental units in Palm arily calls for a contribution of $3,000 al grant. Since 1973, Boca Raton, m Beach, ~iviera Beach, ths Area Plan- nty Commissioners have all supported be pleased to answer any questions. he was instrumental working in this in ker was acting City Manager, the Council ~e Students participating in this pro- lege work study program and Mr. Smith replied negatively an~ advised t~ey need $3,000 to match the federal grant. Mr. C~eney clarified this is not the work study program.· Mr. T~auger aske~ if these are graduate students ~nd Mr. Smit~ replied affirmativelY. Mr. Trauger asked if there is a study Program other than the minority -26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 program and Mr. Smith replied af a program in environmental growt F.A.U. and F.I.U. Mr. Trauger a is similar to this and Mr. Smith Trauger asked if there are studel ing this program and Mr. Smith r. this program provides for genera Mr. Trauger asked if only minori program and Mr. Smith replied af added that it is limited by HUD. Eirmatively and told about ~ which is administered by ~ked if the intern program replied affirmatively. Mr. ~ts in the same cities follow- ~plied negatively and explained administration and training. ~ies are eligible in this Eirmatively and Mr. Cheney Mayor Harmening asked if the City Manager felt he could use this type of help and Mr. Cheney replied affirmatively and added that he recommended a fullti~person of this nature at budget time, but the Council's decision was not to make any additions to the staff and that was the reason for his ori- ginal reply to Mr. smith. There is no question the help could be used. We have tried to get work study students, but have not been sUccessful.~ Mayor Harmening referred to the cost being $3,000 and Mr. Smith clarified that $3,000 is for a period of twelve months. They operate on a pro-rata basis and are going into the second month ~f the second quarHer, so the amount would be reduced to approximately $2,000. Mr. deLong asked if Mr. Cheney's recommendation not in favor previously was due to shortage of funds and Mr. Cheney re- plied affirmatively. Mr~ deLong asked if the funds are avail- able now and Mr. Cheney replied that Mr~ Wright's proposal is to use General Revenue Sharing Funds. Mr. Trauger referred to the budget sessions and money being short and stated we decided to hold the budget down. We anticipated there would bD many requests. To keep the bud- get in balance, we decided ' ' against adding any expenditures. He believes this is one w~ere we still have to hold the line. The City funds come from ~11. Mr. Trauger moved to deny this request. Mr. deLong stated due to the fact we are trying to hold the line and in view of this not being approved and being short of funds, he would say the time to com~ in would be at the next budget time and he seconded the motion.' Mayor Harmening clarified it was moved and seconded to deny this request due to lack of funds. Under discussion, Mr. Wright stated he does not know if Mr. Smith receive~ the letter regarding Mr. Cheney's answer. He thinks this iS relevant to what. is needed in Boynton Beach. This person could try to expand and improve the neighborhood strategy area which would be social service work. Additional staff i~ neede~ and the students are very -27- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 professional and have done well in their under-graduate studies. He knows Florida Atlantic University has a good program. He feels this assistance will do the City some good. Mayor Harmening commented there is the possibility of taking this out of the 10% allocation from the General Revenue Sharing funds se~ aside for services to the needy, which generally has been|under-spent and Mr. Trauger re- plied that he still feels by the end of the budget year, %here will be many requests. The Child Care Center cer- tainly needs additional funds. We are trying to hold the line early in the ~udget year for late in the year contin- gencies. Mr. Wright stated that he does not think the Child Care Center will come before us at this time. We will have to find additional funds in ensuing years. We have 10% allo- cated out of that account. Some of the concerns have been met by the Community Action Council to get additional money for t~e Child Care Center. He thinks this student would be helpful for the City. Mrs. Woolley stated she feels $2,250 really isn't that much for a experience which the City would benefit from. She doesn't know how the person would be chosen or who he would be assigned to. During her ten years of teaching, she has had interns who have been invaluable. If there is any possi- bility to come up with the funds, it would be a good experi- ence for all the people involved. Mr. deLong referred to the funding and asked Mr. Cheney's feelings in so far as the funds being available? He knows we are going to have hig] still to be resolved wit] he feel about this amou] have the money on hand al Mr. Cheney stated the ret Sharing funds should go t concludes this is a socl~ money. As a former publ: like to do whatever we ct terns to come here. It ~er legal fees since problems are the Fire Department. What does ~t of money? Does he feel they id this won't cause any problems? ~olution says 10% of General Revenue :o social service and if the Council ~1 service program, then there is the .c administration student, he would in to create an opportunity.for in- ~s difficult for any person in any program to work and get ~oney. The work study program is great. His recommendation was not for an intern kind of thing, 'but an administrative assistant. The money is there. He did not ~think about using social service money for this program, because it has decide whether it is leg~ determines this request Cheney replied that he ti since it is a minority p~ that he would have to re~ then withdrew his second ~ot been done. The Council must .timate. Mr. deLong asked if he ~o be under social service and Mr. ~inks it can be argued that it does · ogram from HUD. Mr. Vance stated ~d the regulations. Mr. deLong since the money is available. -28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Smith added that this stude~ could be involved with the planning process of the housing program which is social service oriented. Mr. Cheney stated he didn't want it to be restricted, but wants to give the person broad exposure. Mayor Harmening added if they were involved in this type of work, it would be fine; but there is other type of work which would be more productive. Mr. Cheney stated that he would like to expose them to everything. Mayor Harmening clarified that this motion does for lack of a second. Mr. Wright moved to adopt the request coming from Mr. Smith, Program Coordinator for the HUD work study program. Mr. deLong seconded the motion. No discussion. Motion carried 4-1 with Mr. Trauger dissenting. Consider Food Store Labeling Requirement - Requested by Councilman deLong Mr. deLong referred to receiving calls from people when it first reached the newspaper about the City of Lake Worth adopting an ordinance and the County Commission working on an ordinance relative to this and stated he requested the City Manager to obtain a copy of the ordinance passed by the City of Lake Worth for background information. His only pledge to the people who contacted him was that he would put this on the agenda for Council consideration. Mr. Vance advised that the County Commission is presently considering an order of this type probably based on this form of ordinance. He suggests the City Council might be able to save some money and at the same time be able ~o let this type of ordinance take effect in the City of Boynton by simply taking no action. Mayor Harmening suggested that we could send a resolution to the County Commission supporting their action. Mr. deLong replied that as far as he is concerned, he does not see any benefit to sending a resolution to the County Commission unless we do follow suit and adopt our own ordinance. Mr. Vance advised if the County Commission adopts an ordinance of this type, it would be effective within the City limits providing no City ordinance conflicts. Mr. Trauger stated that he is strongly in favcr of this. He believes people buying groceries should have an opportunity to make a choice. They can only do that by p~ice di~scrim~na- tion ~±th the price appearing on the item. People can shop in places who do mark their items. He has receiVed a lot of calls on this. -29- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Trauger moved that the Boynton Beach City Council send a resolution to the County Commission endorsing the ordinance being proposed. Mrs. Padgett advised that three gentlemen have requested to speak and Mr. Trauger withdrew his motion. Mr. Bob Randolph, 114 Park Lane East, Hypoluxo, stated he was present to invite the members of Council to visit his store so he can explain the system, how it works, benefits the co. nsumer and benefits their company. He would like the opportunity to show this to them. Th~ people they have had an opportunity to show it to in the stores have changed their opinion. He asks them to see the system first and then make their decision. Mrs. Woolley asked if he brought any brochures explaining this and Mr. Randolph replied that he does have one, which he would like to present. Mr. Bob Drenning, 2704 Yale Lane, Superintendent for Publix Markets, stated that he-resides in Boynton Beach and natur- ally is on the side of Publix. Also, he is a citizen and he would like to see this progressive community use good judge- ment in what they do. The first thing he would like to point out is computer technology is best today. Everyone recognizes this fact. This City uses computers. There are things wrong with every system and they are in the learning process of this new technology in the supermarket. The founder of Publix says scanners are the third mo~t important thing he has seen developed in his lifetime. The shopping cart is No.1, mechanical refrigeration is No. 2, and scanning is No. 3. This is planned to be done state- Watt has a bill before the Legislatur the Lake Worth City Commission meetin Worth ordinance, it is very discrimir food stores. He explained how hardw~ in bins for you to buy. They have in their stores to make it easier for th wide. He knows Rep. e. He also attended g. In reading the Lake atory in singling out re stores just have items troduced scanning in e customers. They have increased the size of the tags to be placed on the shelves. He shOwed a sample comparing the old and new sizes. The UPC symbols were placed on cans in 1970, but they have just had the money to do this. The customers told them that they wanted itemized receipts and this is the means to give them that. They also provide customers a shopping list and if they don't trust the system, they car mark down the prices as they wish. They also provide pen¢ anything and the items can be marked. the customers' requests. 45% of the] He would like to extend an opportunit as the Lake Worth Council did and con the computers can be explained and he grammed. ning. ils which will write on They are responding to r items are price marked. y for this Council to do .e to their store, so w they work and are pro- He will be happy to answer any questions about scan- -30- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. deLong stated it would appear from all indications after consultation with different people, this will wind up in the courts. His purpose in bringing it before the Council was to satisfy the people. He doesn't think we should be too hasty in drafting a resolution to the County Commission because chances are they may change their mind about adopting this particular ordinance. He thinks we should wait and see what happens with the County Commission. Mr. Richard Griffin, 2573 S. W. 10th Circle, referred to the biggest complaint being no marking on the merchandise and stated before his time, people went to general stores and the owner just added up the prices in his head and the people accepted this method of operation. Why is it so hard to accept going back to a basic method of operation with using a computer? He thinks the basic reason for the hostility is because it is something new. There have been only three major changes in the food industry and most of the people here pro- bably have never seen any changes. They should be afforded the opportunity to have change for the better like other in- dustries. This is beneficial for everyone. Mr. Trauger clarified that he has heard no complaints about the computer and feels it is great in speeding up the lines. Also, everybody likes the ticket showing how much everything costs. The point they do object to is being able to associate to the can on which they made the initial selection on. They don't know what they paid or the price increase a week later in looking at the cans. The computer does save money, but the customers have not seen the grocery prices coming down. He is in favor of seeing the prices on the cans too. Mr. Wright asked if all supermarkets will be using this and Mr. Cheney replied that they all plan to use it. Mr. deLong requested some input from the City Attorney and Mayor Harmening stated we can send a resolution to the County and let them go ahead. Mayor Harmening commented that he abhors the lack of a price on the gans. If there was a supermarket who had the price on cans, he would go there. This has been the reaction he has heard from most people. He knows everyone is concerned about prices. He is not concerned if the price costs to be on the can as he is willing to pay it. He doesn't think it is legal to require the markets to do it, but if there were stores available having prices on cans, they would lose a lot of business. -31- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Randolph stated across the street from his particular store, there is a Winn/Dixie and they are starving, but he is busy. It seems they must be doing something right. They get some complaints, but do have positive comments. A sav- ings would be evident in about 14 months as there is a pay- back period. Mayor Harmening commented that it is a matter of personal opinion and explained that the people object to no prices being on the cans and having to squint to read the shelf prices. He has never heard anyone object to the computer or scanner, but want the price on the item. He knows it will cost more money. Mr. Randolph stated the price marking on an item is much smaller than the tags on the shelf. Also, the .previous price cannot really be compared unless they remember when it was purchased. By comparing the slips, it is much more accurate. Mayor Harmening explained how another shortcoming to the system was having items placed in the wrong place on the shelf and Mr. Randolph explained the computer would pick up the right price and again requested the Council members to come to his store so he could explain the ay.stem. Mr. Trauger moved to send a resolution to the Board of County Commissioners supporting their passage of this ordinance, seconded by Mr. deLong. Under discussion, Mr. Wright comment~ that this has not been in effect long enough in Lake Worth to see what the repercussions are. He thinks it should be tabled to see what direction the County goes. Mr. deLong agreed it might look foolish to send a resolution in support of an action they might not even take. Mr. deLong moved to lay this question on the table, seconded by Mr. Wright. Motion carried 5-0. Consider Denoting the Membership on the Community Relations Board - Requested by Councilman deLong Mr. deLong stated at the organizational meeting of the City Council, he did not want to belabor the fact and thought it was an error and voted against the appointments because of ten members being appointed. He has never heard of appoint- ing ten members. This type of Board does take in a lot of territory in the City in so far as their interest in commun- ity activities. He would not like to limit the amount on the Board .to a lower number, but requests that we do specify the number on the Board, the same as we do on the other Boards in the City. He does not think this Board should just be a -32- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 place to put people because it can be rewarding in so far as the activities of the membership. Mr. deLong moved to set the membership on this Board at eleven members to give them an opportunity to operate, if in the event they do have absenteeism. Ten people were appointed and he believes one person resigned. There are two vacancies at the present time, which could be filled at the next meeting. He moves to have this Board consist of eleven members. Mrs. Woolley seconded the motion. Under discussion, Mr. Wright stated in looking ahead, as he made reference to the media, he would like to look into making changes in the Board appointments in the future. With districting becoming effective in 1982, he would like to see a Board of 15 members. He would like to see each Council person recommending three persons to serve from their district on the Board. Mr. deLong replied that we won't get into districting for several years and eventually appointments will be made by each individual Councilman to have representatives on the Boards from his district. Mr. Wright suggested that maybe we should look ahead now instead of continually changing things. Mr. deLong stated he would like something definite now since this Board is operating without a specific membership. Mr. Wright clarified that he prefers a 15 member Board. Mr. Trauger stated the reason thiS Board was brought down back to a seven member Board was because two years ago, this Board had nine or ten members and it became an inter- nal debating society and they submitted all kinds of reso- lutions to the City Council. That is why the Council boiled it down to a managmble group. With the good representation this Board has now, there could be seven members with three alternates. Mr. deLong stated in this case, the last three members ap- pointed would probably be the alternates. The Board held an organizational meeting and one of the last three members appointed was Mrs. Dee Zibelli and she was elected Vice Chairma~ and he does not think it would be appropriate to deny her the right of serving. What should be done with the rest of the Board appointed if it is limited to seven mem- bers? It would not be right to dismiss anyone. In order to makelit a workable committee, an additional member should be added. -33- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Wright stated when he served on the Community Relations Board, it was a good group. Having differences of opinions was very healthy. He is not in favor of changing the status of regular members to alternates. Mr. deLong continued that these people are performing a ser- vice to the City. In Boca Raton, the people get a fee for every meeting they attend and not just an annual dinner. These people perform a service to the City. Mr. deLong again made a motion to make this an eleyen person committee and it can be changed later if desired. He is recommending this at this time to avoid any deadloCks for the ensuing year. Mr. Wright seconded the motion. Under discussion, Mayor Harmening commented that in the past, the total number of members wasn't too important. Usually all the members have not been present. If there are twelve members, they could still end up with eleven or eight members present and voting, so there could still be a tie. Mr. deLong stated this is something which this Council created by not designating the number on the Board. The solution would be to put on an additional member. There would be two vacancies. Other changes can be made in the future. Also, if you go according to what constitutes a quorum, they will not get into the problem of tie votes. Mayor Harmening clarified that the motion was to determine that the Community Relations Board have eleven members. Motion carried 5-0. Mr. deLong suggested that the Council members come in with candidates at the next meeting for the two vacancies. Mr. Wright added that he has a few resumes to submit. ADMINISTRATIVE Report on Firing Range (Tabled) No discussion - remained on table. City Manager Report on MICA Studies (Tabled) No discussion - remained on table. Appointment of Citizen Member to Municipal Police Officers' Retirement Trust Fund Board (Tabled) Mr. Trauger moved to take this off the table, seconded by Mrs. Woolley. Motion carried 5-0. -34- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mayor Harmening nominated Mr. Ralph Diaz, 415 S. W. 4th Ave. He added that Mr. Diaz is in the real estate business and has a degree .in medicine and physical therapy. Mr. deLong moved that nominations be closed, seconded by Mr. Trauger. Nomination carried 5-0. Appointment of Citizen Member to Municipal Firemen's Trust Fund Board Mr. Trauger nominated Mr. Peter Vargas, who was appointed in March last year to fill a vacancy, to be re-appointed to con- tinue. He is a disabled Veteran, resident of the City, attends F,A.U., etc. Mr. deLong agreed that Mr. Vargas has done a commendable job. He moved that nominations be closed, seconded by Mr. Wright. Nomination carried 5-0. Adopt Policy on "Notice of Special City Council Meeting" Mr. Cheney referred to these being items which Mrs. Padgett raised and there was some doubt about and should be clari- fied. Mayor Harmening read the memo from Mrs. Padgett stat- ing since October 18, 1977, this office has followed the policy adopted by City Council as of that date, to give at least 24 hours notice for a special meeting. Is it the de- sire of this council to continue this policy? Mr. deLong commented that he thinks we should have some no- tice. Mr. Wright added that his job requires travel as well as attending eyeing meetings. There are ma~y items which come before us at Council meetings which he would like to research and review. He thinks we should have 48 or 72 hours notice to do research. Mayor Harmening stated assuming everything is on the up and up, once in awhile something comes down which must be acted on immediately. If we set a policy of a longer period of time, it would preclude a meeting. At a special meeting, it is not uncommon for one or more of the members not being able to attend. Mr. Trauger stated that the notice of a special meeting should be gotten out as far ahead of time as possible. Mr. Cheney added that the members are also called ahead of time to find out a convenient time before setting a special meeting. Mr. deLong told about the Regional Board having to meet quickly to dispatch a member of the Council and Mr. Startzman to Atlanta. He added that he was remiss in notifying the public that Mr. Paul Startzman, who rendered a splendid service to the City, passed away. -35- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Wright stated that with taking in mind these comments, it is fine with him to try to get notice prior to 24 hours or as much time as possible. Mayor Harmening added if there is a real emergency, the Council can waive the policy. Mayor Harmening clarified that the Council is in favor of continuing this Policy and the members agreed. Adopt Policy Related to Newspaper to be used for Legal Advertising Mayor Harmening referred to a memo being submitted from the City Clerk and Mr. deLong asked if the notices are going to one paper continuously and do other papers have as much cir- culation and do as good a job? Mr. Vance advised that under Chapter 166, we are required to use a newspaper of paid cir- culation for a substantial amount of advertising. Under another section, there is language which indicates a news- paper should be used published at least five times per week. Mayor Harmening commented that in this case, ads could be run in different papers and Mr. Vance agreed they could be split up. Mayor Harmening continued that we could use The Post for those requiring five day publication. Mr. Trauger stated the idea of publishing a legal notice is to get the largest circulation as possible. The Boynton Times is not a paid circulation, but has a wide coverage. Can this be used? Mayor Harmening referred to his experience being that practi- cally nobody reads the legal notices at all and stated if we can save a little money by using the Boynton News Journal, we should and use The Post on those requiring a newspaper with five day publishing. Mr. deLong referred to the Sun Sentinel and Mayor Harmening replied that he suggested using the Sun Sentinel last year. Mr. deLong suggested setting up a rotating system. Mr. Cheney recommended using one paper on a regular basis. He clarified that the suggestion is to use as local a paper as possible which is not as expensive and the residents can subscribe to it. Mr. deLong stated he thinks a fair and equitable way is to give each paper an opportunity with rota- tion. Mr. Vance advised that some entities he is familiar with rotate on a yearly basis. This does have the advantage of letting people know ads will be in one newspaper for a stated period of time. Mr. deLong commented that we have enough to be able to share. He asked if we could use the Boynton Times and Mayor Harmening replied negatively and Mr. Wright added that the Boynton Times does not have carriers in all areas. Mayor Harmening commented that we must follow the State law, but should save as much money as possible. -36- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Wright requested Mrs. Padgett to comment and Mrs. Padgett replied that she thinks we should stick with one paper. The people want to know what paper to watch for the ads to be in. A policy should be~tablished at the beginning of the year. Mr. Phil Toabe, 2540 S. W. llth Court, advised he is the account representative for Boynton Times in this area. He agrees they do not c~mply~by being a paid circulation paper, but that applies for planning and zoning notices only. Mr. Vance disagreed and st.ated if an ordinance is being published under Chapter 166, the requirements of paid circulation should be complied with. There is a requirement relating to news- paper ads in general and there is language relating to five day circulation. Mr. Toabe stated that he found three requirements: second class mail permit, in business for over a year, and generally circulated in the City of Boynton Beach. His paper is pub- lished once a week. They have free circulation of 15,000 in Boynton Beach covering 80% ~ the homes. The News Journal has a paid circulation of 2,500 homes in Boynton Beach. It is discriminatory to a newspaper to go only to paid circula- tion. By running an ad in ~his paper, 80% of the homes will be covered. Mr. Vance advised this would not be complying with State Statute. Mr. Toabe commented that the ads could be run in the other paper as well and Mayor Harmening replied that he would never agree to running ads simultaneously. Mr. deLong asked if it required a newspaper with daily pub- lication and Mr. Vance replied that it says five days per week. Mr. deLong commented that the News Journal is only published once a week, but is available all week long. Mr. Toabe added that his paper is available all week long too and Mr. deLong replied that it is not paid circulation. He clarified that if it says must be published five days per week, the News Journal does not meet that requirement. Mr. Wright stated he thinks we should table this until we get additional supportive data regarding the legal require- ments. He would not like to disregard the News Journal without getting full information. He then moved to table, seconded by Mr. deLong. Motion carried 5-0. Mayor Harmening requested Mr. Vance to forward a background summary on this. Policy on List of Payment and Approval of Bills Mr. Trauger stated he doesn't know what the cost is or the problem involved, but he has learned a lot about small pay- ments listed on various sheets. We can learn a lot where City money goes. It also was particu~ helpful a% budget time. Mayor Harmening agreed this is why this policy was adopted and he recommends it be continued. -37- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Wright referred to waste of paper and duplicating expenses and stated it seems unnecessary to see the complete list of bills paid. He is sure this is published on a monthly basis and if someone needs to see it, they could request a copy. It seems to be a Waste of paper and money. Mr. deLong com- mented there is a terrific waste of paper in all avenues of communications. Mr. Trauger stated from his own viewpoint, he likes it and reads it with great interest and has learned a lot. Mr. Trauger moved to continue the policy of printing the bills, seconded by Mrs. Woolley. No discussion. Motion carried 4-1 with Mr. Wright dissenting. Royal Palm Clubhouse Adopt use, reservation and fee policy Mr. deLong referred to some recommendations being submitted, but stated some are in the form of a question and he would prefer that firm recommendations be submitted for the Coun- cil's action. Mr. Cheney clarified that some questions were raised by the Recreation Director, but these were followed by his firm proposal. He recommended a specific proposal for the Council's consideration and adoption. Mr. Wright commented that it seems to be a thorough policy to him, but on Page 2 under Fees and Charges, it seems rather costly at $50 per hour. Mr. Trauger referred to it being mentioned that air conditioning costs, electric, etc. cost about $45 per hour. Mr. Cheney advised this charge is meant for those groups using it for receptions, etc. with trying to exclude normal non-profit groups and associations. Only the other groups pay $50. Mr. Wright stated this falls under the rates for the Knights of Columbus hall and he agrees with that. Mr. Trauger moved to accept the proposed Royal Palm Clubhouse use policy as established by the City Manager and bring this up for ~eview three months follow±ng the opening of the club- house for any adjustments necessary or inequitities. Mr. deLong seconded the motion. No discussion. Motion carried 5-0. Mr. deLong asked if groups wanting to use this building are referre~ to the Recreation Department and Mr. Cheney replied affirmatively. He added since the policy is adopted, he will give people copies of this. -38- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Cheney then distributed another memo regarding the fund, ing of the parking lot and added that we never did buy furni- ture for the building.and he has a proposal on that. He then showed a plan for a different layout of the parking lot than previously approved and advised the contractor is sche- duled to finish by the end of February. We are doing the grading of the parking lot and trying to do most in-house. He suggests we take some money out of Contingency and Federal Revenue Sharing for this. The drainage system in the swales is being done in a standard way. There will be on-site drainage. He then explained how the parking lot had been revised. Mr. deLong commented that it looks good and Mayor Harmening added there should be adequate parking. Mr. deLong stated that he hopes the groups who utilized the previous facilitY will have priority since that clubhouse was built originally for the people in the single family homes there. Mr. Cheney replied there are several groups and they will get first choice. Mayor Harmening clarified that the original clubhouse was built for the eXclusive, use of the people in Royal Palm Village. Mr. Cheney stated this is why he wanted the policy addressed with keeping in mind that $25,000 in public fUnds has now been put into this club- house. Mr. deLong stated that it should be declared and not just assumed that those groups will be allowed to use the building. Mayor Harmening agreed that this should be estab- lished. Mr. Cheney asked if a club met there previously four days per week, does the Council .still~want them to have the right to meet four days per week? Mr. deLong asked how long they use it each day and Mr, Cheney replied that he is not sure. Mr. deLong stated if it is an original group, the schedule should be arranged to accommodate them. Mr, Cheney asked if they wanted groups who were there in the past using the building every week and Hr, deLong agreed they should have priority. A gentleman from the audience advised that nobody had been using the clubhouse, except Royal Palm Village, before the City took. it over. They had been meeting every Tuesday night for bingo and the ladies' group met on the first and third Thursday afternoons. That was the schedule for 20 years, Mayor Harmening stated that the same schedule should be con- tinued. Mr, deLong clarified that the only ones who utilized this building previously were the people there originally and it was built for them. We cut into their use when the Boat Club was not available. Mr. Cheney advised that during the past few years, other groups ha, ye used it. Mayor Harmening clarified that the old groups should have priority. -39- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. Wright asked if it is possible for Mr. Frederick to send another report later as he is not sure of the usage. He would like to know the exact usage. Mr. deLong clarified that if groups met there originally, we should not deny them their previous privileges. We can accommodate newcomers,but must take care of the old first. Mr. Trauger asked how many groups used it previously and Mr. Frederick replied that it was booked by the City Manager's office. Mr. Cheney added that some uses were not booked at all. Mayor Harmening referred to the area having grown with more people there than previously and stated the original club- house was built for those people and they should have prior- ity for use. Mr. deLong referred to the large development of Village Royale on the Green in this area having many organizations and stated they are restricted frOm using their own club- house for their own activities and this being a City build- ing, they will look upon the City to provide a meeting place. Mayor Harmening replied this would be considered second priority. Mr. Frederick informed the Council that he has a list of about ten requests, tf Tuesday night is going to remain as a use night for the Royal Palm Village residents, he will have to change his recommendation as he left this open. There are some groups who used the building previously, like the Democratic Club and he asked if they would be con- sidered an old group or is the Council only referring to the Royal Palm Village groups? Mr. deLong replied that he is talking about all the groups from Royal Palm Village. Mr. Cheney stated that based on this discussion, he would like to re-write a few of the paragraphs. He will bring back an amended policy. Mr. deLong clarified that the pro- posed use policy has been approved with amendments to be forthcoming. Approve funds for parking lot, tables, chairs and further landscaping Mr. deLong moved to approve this budget transfer, seconded by Mr. Trauger. Under discussion, Mr. Cheney pointed out that it is $7,800 Revenue Sharing plus $4,100 for furniture. Mr. Wright asked how much more money will be needed in addi- tion to this for this facility and Mr. Cheney replied that we will now have just about all of it. Mr. Trauger referred to keeping the place clean and Mr. Cheney replied that the City will take care of maintenance. Motion carried 5-0. -40- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mr. deLong moved to delete $4,500 for landscaping work and have the City do the work, seconded by Mr. Trauger. Under discussion, Mr. deLong asked if the tearing down of the cur- rent sign was part of this and Mr. Cheney replied negatively, but it will be done in-house. Motion carried 5-0. Mr. Cheney stated that we will proceed with the revised parking lot. Mr. deLong commented that he trusts something will be done about screening where the air conditioner out- lets are on the outside of the building and Mr. Cheney in- formed him that landscaping will take care of that. Review of Street Sweeping Program Deleted by City Manager. Report on Sale of Police Department Computer Software Program (PIDAS) Mr. Cheney referred to submitting a memo and advised this is primarily for confirmation and if there are no objections, he will proceed. Mayor Harmening clarified that basically the City has been preparing programs for the Police D.epartment and other Police Departments in the area and County think they are good and we will sell it. He ascertained there were no objections. Mr. Cheney added that he noted that we may sell some, but may get in-kind services in return for others. The Town of Palm Beach recently hired away our excellent programmer who deve- loped the program. We are trying to work with the town that we will let them have the police package if they will let Carmen work on some things which we want. We will wind up with some benefits and they will have the police package. In doing a joint program, there will be some benefits. Consider Approval of City Id~entification Logo for Employee Recognition Pins Mr. Cheney referred to logos being a problem in the past and advised that he would like to change the pins. We do not have an official logo. He is suggesting a temporary logo which the Council can change if theY don't like it. He then showed samples and pointed out the logo was from last year's beach decal. He explained the different types of pins avail- able. -41- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Mayor Harmening referred to the cost and Mr. Sullivan replied the die charge would be $250 to set up an issue, the pins would run from $15 to $17 a piece plus extra for the stones, or a total of around $50 per pin. Mayor Harmening commented that he has not known too many people who received pins who were all that terribly impressed with them that they wear them all the time and he thinks this is an expenditure which we can forego. Mr. Cheney stated this is an employee kind of award thing. A number of cities are doing it. This is a pin for ten years of service. Nobody wanted to wear the pins used in the past. Mr. Sullivan added that a pin cost- ing from $50 to $60 is not that much, but if it is nice look- ing, they will be worn much more. Mr. deLong stated that he thinks we should have something which looks presentable. After ten years of service to the City, the employee deserves something. Mayor Harmening added that the cost would be about $500 per year. Mr. Trauger moved to adopt the suggestion of the City Manager and have a good looking pin, seconded by Mr. deLong. No dis- cussion. Motion carried 5-0. Donation from Cast Off Square Dance Club Mr. Cheney advised that basically what we are doing is ac- cepting this club's regular contribution. There was a sug- gestion that we might use the contribution for fans, but that really is not feasible at this point in the Civic Center. There was some suggestion to improve the PA system. The main purpose is to accept this and thank them for their donation. How it will be used can be discussed. Mr. deLong moved to accept this donation and thank them with the appropriate communication, seconded by Mr. Trauger. Under discussion, Mr. Wright asked if this will be sent signed by the City Manager or Mayor and Mr. Cheney replied that if he signs it, he will indicate it is sent at the Council's direction. Motion carried 5-0. Fund Transfers - General Fund Contingency and General Revenue Sharing Mr. deLong moved to approve, seconded by Mr. Trauger. cussion. Motion carried 5-0. No dis- Transfer Cemetery Lots 100A & B, Block O Mr. deLong asked if the Cemetery Board approved this request and Mrs. Padgett replied affirmatively, a blanket approval has been issued. Mr. deLong moved to grant this request, seconded by Mr. Trauger. No discussion. Motion carried 5-0. -42- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 Consider Application to Solicit - Florida Consumer Federa- tion, Inc. (Tabled) Mayor Harmening announced this will be left on the table. Applications for Permits to Solicit: Boynton Beach Rotary Club Trinity Council #4839 Knights of Columbus Palm Glades Girl Scout Council, Inc. Mr. deLong moved to approve all three applications if found in order, seconded by Mr. Trauger. Under discussion, Mr. Vance advised these will be the last ones to come before the Council. Motion carried 5-0. Request Authorization to Dispose of Records Mr. deLong moved that permission be granted to dispose of these records, seconded by Mr. Trauger. No discussion. Motion carried 5-0. List of Payments - Months of November and December, 1980 Mr. Trauger moved to approve and place this list on file, seconded by Mr. deLong. No discussion. Motion carried 5-0. Mr. Trauger added there is one name skipped on Page 9 for a check in the amount of $6.50 and Mr. Cheney advised that he will see what that was. Approval of Bills Mr. Cheney read the following bills for approval: Allen Insurance Agency Special Risk Accident Policy for Fire & Police Departments Pay from General Fund 001-211-521-10-44 001-221-522-10-44 $2016 $1512 3,528.00 City of Boca Raton 98,180.00 Operational costs for first and second quarters of 1980-81 budget for South Palm Beach County Cooperative Dispatch Center Pay from General Fund 001-211-521-40-79 Ernst & Whinney, CPA's Interim billing for services in November, 1980 for year 9/30/80 Pay from General Fund 001-131-513-40-66 401-393-539-40-66 4,719.57 $2,501.37 2,218.20 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 IBM Corporation Monthly Computer Rental for January 1981 Pay from General Fund - various departments 4,428.49 Lassiter Construction, Inc. Appl. ~4 For Wilson Municipal Pool Pay from General Fund 001-000-115-87-00 Re-imbursable from Comm. Development Agreement 5,472.00 Longview Lime 11,574.45 Lime for Water Treatment Plant Pay from Water & Sewer Revenue 401-332-533-30-65 Nalco Chemical Company 8,199.20 For 60 drums Nalco No. 3 & 4 drums Nalco No. 8184 Pay from Water & Sewer Revenue - 401'332-533-30-65 Council approved - Sole Source e Russell & Axon Professional services rendered on various projects Pay from account 403-000-169-01-00 - 3,347.41 403-000-169-11-00 - 2,480.00 403-000-220-63-00 - 3,807.81 403-000-220-64'00 - 6,069.85 15,705.07 10. Sunshine Painting Painting of Water Tower - 90% Complete Pay from 1979-80 Budget - Contracts Payable 401-000-205-02-00 10,773.00 11. Underground Supply Co., Inc. For 100 meter boxes etc. for Water Distribution Pay from Water & Sewer Rev. 401-333-533-60-5A 255.96 401-333-533-60-51 799.00 1,054.96 12. Wallace, Roberts & Todd 17,415.00 NSA Study (Boynton Beach Neighborhood Strategy Plan) Pay from General Fund 001-000-115-87-00 Re-imbursable from Comm. Development Block Grant 13. Isiah Andrews Driver for Senior Citizens Club~- 3 weeks Pay from Fed. Rev. Sharing 320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 143.00 -44- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 20, 1981 14. Willie Ruth McGrady 124.80 SerVer for Senior Citizens Club - 3 weeks Pay from Fed. Rev. Sharing 320-641-564-40-5A OrdinanCe 973-15, passed 5/15/73 Mr. deLong moved that the bills, having been verified and found in order, be paid. Mr. Trauger seconded the motion. No discussion. Motion carried 5-0. OTHER Mr. Wright stated he received a memo relative to the contri- butions which our City employees made to the United Way. In looking at the statistics, he thinks we should commend the City Manager for his action having the City employees support United Way. He thinks it would be nice to send a letter to those employees thanking them for their support to the United Way. ADJOURNMENT Mr. deLong moved to adjourn, seconded by Mrs. Woolley. Motion carried 5-0 and the meeting was properly adjourned at 11:45 P.M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Recording Secretary (Five Tapes) BY Mayor -45- M E M O R A N DU M Xe ADMINISTRATIVE TO: FROM'j CITY COUNCIL VIA CITY MANAGER TEREESA PADGETT CITY CLERK DATE: I/14 / 81 We now have disposal authorization from the State of Florida, Diuision of Archives, on the following record s: File. copy of cash receipts on Beach Permits 1975 thru 8/31/79 Copies of memo's re: Beach Permits mOstly to g from Recreation Dept. g City Manager 1972 thru 8/31/79 Mi'se. correspondence re: Beach Permits to and from residents, Rec. Dept. g City Manager 1972 thru 8/51/79 (~1 thru 5 - Not Microfilmed) With your approval we will proceed to destroy the above named records. TP/cc