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Minutes 09-16-80MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 16, 1980 PRESENT Edward F. Harmening, Mayor Walter "Marty" Trauger, Vice Mayor Joe deLong, Councilman Marilyn Huckle, Councilmember Norman F. Strnad, 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 given by Rev. Ben Tidwell, Westside Baptist Church, to be followed immediately by the Pledge of Allegiance to the Flag led by himself. He requested everyone to please rise. AGENDA APPROVAL Mr. Trauger stated he would like to speak on Item VIII, Old Business, Review 1980-81 Proposed Budget Revision. He was of the opinion when we requested the City Manager to make budget reductions, we were going to have a workshop meeting to review the recommendations, so the Council would be in agreement before holding the public meeting on October 11. He only had the weekend to go over the revision submitted and~today, the items were mentioned in the news media and his phone has been ringing off the hook. In view of this budget being a vital item and affecting many residents, he feels this Council should not act hastily tonight on all the City Mana- ger's recommendations. Some of the items are ridiculous and items have been cut which affect most citizens with retaining items in recreation. He moves that Item VIII-B be tabled and a wOrkshop meeting be established for discussion of the budget revision. Mr. deLong seconded the motion. Motion carried 5-0. Mayor Harmening referred to a date for the workshop meeting and after discussion, it was agreed to meet this Thursday, September 18, at 7:00 P. M. Mr. deLong stated that he has two additional items, which he would like to place under Legal - Other, because he intends to ask for input from the City Attorney. Mr. Cheney suggested deletion of Item VII-B-2, Proposed Ordi- nance regarding Elections. He thought there might be an ini- tial draft for this, but it is not ready. This will be ready for the next Council meeting. Mr. deLong moved adoption of the agenda with the deletions and additions, seconded by Mr. Trauger. Motion carried 5-0. Mrs. Huckle added there is an item tied in with the election procedures, Administrative X-C and Mayor Harmening informed her this would just stay on the table° MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 ANNOUNCEMENTS Mr. Cheney announced that he is pleased to point out that the City did receive an award for our annual financial report as of September 30, 1979. This Certificate of Conformance is awarded by the Municipal Finance Officers Association. About 275 municipalities have been honored by this award. Boynton Beach had this award in the past, but let it drop. We applied for it this year and found out we did receive the award. It is good for the City and says good things of the people in the Finance Department. This will also be of major assistance in bond sales. Three people were particularly involved in putting this together, Betty Zobel, Mary Allen and Joanne Luther. Mayor Harmening announced the next City Council meeting will be held on Wednesday, October 8, 1980, due to a conflict with elections. Mrs. Huckle commented that this is also the night of the SCRWTD Board meeting and Mayor Harmening advised that he will contact Mr. Bean to see if the meeting can be resche- duled. Mr. Cheney added that we have a charter provision stating when there is an election, we will meet on the next night. MINUTES Regular City Council Meeting on September 2, 1980 Mr. deLong moved adoption of the minutes as recorded, seconded by Mr. Trauger. No discussion. Motion carried 5-0. Special City Council Meeting on September 10, 1980 Mrs. Huckle referred to Page 4, second line from the top, and corrected this to read: receiving the majority of votes in the "primary" election, etc. Mr. deLong moved adoption of the minutes as corrected, seconded by Mr. Trauger. No discussion. Motion carried 5-0. PUBLIC AUDIENCE Mayor Harmening announced if anyone in the audience would like to discuss anything not on the agenda, they can Come forward and give their name and speak after Representative Jim Watt is finished. If anyone wants to speak on an item on the agenda, please give your name to the City Clerk and you will be called when that is the item of business. Representative Jim Watt thanked the Council for allowing him to be on the agenda to discuss things which were done in the Legislature this year. When he ran for office two years ago, he made a commitment that he would visit each municipality after the Legislative session. He recalls when he was City Attorney of West Palm Beach, it took a long time to find out what the LeSiglature did. He has distributed copies of his legislative report which can be read at leisure. -2- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 Representative Watt continued that he would like to highlight issues from the Legislature's session. Under education, the people can be proud of the entire Palm Beach County delega- tion bringing back a greater portion of funding than other delegations have in sometime, we have obtained money for two new high schools in the County. We also obtained $600,000 needed to build a permanent building for the school of engi- neering at F.A.U. Unfortunately, they have had to conduct classes in an old World War II barracks. Representative Watt referred to anti-drug legislation and advised that the Legislature outlawed drug paraphernalia. He is sure this will be challenged, but hopes the Supreme Court will rule on it quickly. Also, on October 1, the Florida legal drinking age will rise from 18 to 19 years old. Wherever the line is drawn, it is arbitrary. He ex- plained how he does think it makes sense to draw it outside of the high schools. Representative Watt stated there are also provisions in his report concerning the energy problem. The governor's program did not fare too Well. He explained how it was felt the governor's program was leaning towards creating a new depart- ment. Instead, the Legislature is offering incentives to people to conserve more. He explained how one incentive is gasohol. He referred to four things directly affecting municipalities and advised that he did not vote in favor of the TRIM bill. He explained why he was not in favor of it and how it was hastily put together. In regards to bonds, in the central part of the State, there were some abuses in negotiating the sale of bonds. On all bond issues, it is no~ required there be competitive bidding unless there is a public hearing stat- ing why competitive bidding is not in the best interest and also the finder's fee must be disclosed. In reference to cable television, two years ago the Legislature passed a bill pre-empting local government from regulating cable television fees and the governor vetoed it. Now it passed and the rates can be raised according to the cost of living. Representative Watt then referred to the new act covering the Codes Enforcement Board and Mayor Harmening asked why an even number of people was required on this Board? Mr. Watt explained the passage of this bill and how it was sug- gested that the list of members include a sub-contractor and this was agreed upon, but the numbers were not amended. Next year, he plans to amend it to an odd number. Mr. Strnad asked if the Board was not allowed to-have more than six members and Mr. Watt replied that he would have to reread the wording and Mr. Vance added that he believes it is manda- tory the way it is written to have six regular members. Mr. Watt stated he does not anticipate a problem changing it next year. -3- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 Mr. Trauger referred to the $25 surcharge for exceeding 55 mph and questioned the effective date for this and the comment made by the State Patrol regarding sufficient fuel and funds? Mr. Watt replied they do have sufficient funds now and he does not think there will be any problems enforcing this. Mrs. Huckle referred to the bill of rights for senior citizens and asked if this bill insures there will be more supervision, licensing, inspection or surveillance of nursing homes? Also, if the senior citizens do use their bill of rights, is there assurance they won't be victims of these facilities later-on? Mr. Watt informed her that the nursing homes chapter is up for review in 1981. The bill referred to in his report addresses the problem where senior citizens were harassed or not given notice that anyone was coming to inspect their facilities. Mrs. Huckle clarified that the people should not become victims and there should be on-site inspections after suits so they will not be abused. Mr. Watt replied that he thinks this issue is only touched on lightly in this bill, but it will be coming up for review in 1981. Mr. Fred DiSalle referred to there being a great deal of resent- ment building up about the excessive fuel adjustment charge by Florida Power & Light Co. and asked what the Legislature pro- poses to do about this? Rep. Watt replied that the Legislature has only a limited jurisdiction in this regard. This is regu- lated by the Public Service Commission. It is his understand- ing this will be reviewed by the Public Service Commission next year. Mr. Bob Beane, 502 East Ocean . action on July 1 regarding Mr about Mr. Seither actually exp. ness into the City right-of-wa~ to take a second look at this.' poorly advised from the City M~ they granted Mr. Seither the r Harmening requested Mr. Cheney Ms~ Bertha Welch, 306 N.E. 1st from Boynton Center Condomini~ rezoning request from Plants f~ %venue, referred to the Council's Seither's property and told ~nding his non-conforming busi- ~. He would like the Council He thinks the Council was Lnager and City Planner when [ght to use this alley. Mayor to check into this. Avenue, referred to the residents ~ speaking in opposition to the )r a Pittance and stated this request was denied. However when she recently returned from vacation, she found that this company has expanded on the east side. They removed palm trees with heavy equipment, put up heavy plastic and installed a sprinkler system. Trucks are parked next to the Condominium. A mound of soil is piled up. This business is now in the back door of their condominiums. If the sprinklers are used, they will go right into their bed- room windows. Mayor Harmening informed her this woUld be looked into right away and Mr. Cheney added that a report will be submitted. -4- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 Mayor Harmening commented that he didn't remember granting Mr. Seither anything and Mr. Cheney informed him that on July 1, 1980, the City Council did grant a revokable permit to Mr. Seither to use that right-of-way. Mr. deLong asked if when granting this-revokable permit, was it in confliction with the existing ordinance and Mr. Cheney replied at the time it was granted, nobody thought of the fact that it was a non- conforming use even though on that same night earlier in the evening, we addressed.the question of rezoning on the west side. Mr. deLong asked if this is in confliction with the existing ordinance and Mr. Cheney replied-affirmatively. Mr. deLong clarified that this is invalid and Mr. Vance clarified that a revokable permit was granted. Mrs. Welch added that about two years ago, Boynton Center petitioned the City Council to use this alley and never re- ceived a response. Mr. Bob Beane added that in the letter he submitted, it says the City Manager contacted the condominium to the east in reference to this request, bUt the secretary told him that they had not been contacted and had no knowledge of this nursery~moving next to their building. Mr. Cheney stated he will provide the Council with a copy of the letter which was written. PUBLIC HEARING NONE BIDS One (1) Tractor with Heavy Duty Rotary Cutter - Parks Division Mr. Cheney referred to proposing this purchase in the revenue sharing budget for this comming year, but advised we have been having problems and went ahead to see what kind of bids we could get. We did receive four bids. The low bid for a tractor and mower with delivery in thirty days is from DeBra Turf & Equipment Company of Hollywood Florida for the total amount of $11,158. If the Council wants to proceed with the purchase of this tractor, he suggests the Council authorize the transfer within the current general revenue sharing budget and what we take out could be put into the budget when we approve it next year when going through the revenue sharing business and save a month on the purchase of the tractor. Mr. deLong moved to accept this recommendation of the City Manager and transfer these funds, seconded by Mrs. Huckle. No discussion. Motion carried 5-0. -5- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 Mr. Trauger referred to there being a thirty day delivery for this new tractor and asked if we have been successful in leas- ing one in the meantime to use in our mowing program and Mr. Cheney replied negatively and explained that the gentleman who does most of the work on the ball fields has been on vacation, but he hopes he can join in this effort of mowing the lots. Also, the old tractor was working this morning and it will be used fulltime to catch up. He will still try to rent a tractor. SITE DEVELOPMENT PLANS Applicant: Location: Us~: Orlan Homes Corp., submitted by Mr. Paul Orlan, Agent 1700 Palmland Drive Modification of Site Plan of Chanteclair Villas, Section C & D for Construction of Recreation Hall and modified street con- struction standard Mr. Annunziato informed the Council this is a recreational meeting room for Chanteclair Villas. It will provide 2,500 square feet of usable area plus rooms for a kitchen, bath- rooms and storage. He pointed out the location and added that it will serve approximately 100 units. The item at issue at the time of site plan review concerned the number of parking spaces. Our parking ordinance does not have a requirement for condominium meeting rooms. He explained the policy used to calculate parking spaces. This policy has worked very well for large condominiums where somebody might be driving from ¼ mile away, but does not work well with the buildings being 1,200 to 1,300 feet away. This was discussed by the Planning & Zoning Board. He recom- mended 42 parking spaces to meet the 167 persons capacity, but the Planning & Zoning Board recommended this be modified with the developer paving ten parking spaces and having ten parking spaces with an improved subgrade and sodded over to be used when necessary. The staff was requested to come up with an alternate policy statement and he explained how a radius was drawn around the building with the number of park- ing spaces being determined according to the distance of the units. Mr. Annunziato then referred to the staff comments. He read the memo from the City Engineer stating the proposed roadway construction is acceptable to the Engineering Department and should provide satisfactory service for the use anticipated. The loop road because of its short length can be classified as a driveway and is exempt from somewhat more stringent re- quirements for streets. The Public Works Department noted no underground garbage cans. This comes with a postive recom- mendation from the Technical Review Board and Community Appear- ance Board. -6- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 Mayor Harmening commented that the criteria appears to be rea- sonable for the parking. Mr. deLong referred to having attended the Planning & Zoning Board meeting and moved to accept the recommendation of the Planning & Zoning Board for this modification and approve this plan subject to staff comments. Mr. Trauger seconded the mo- tion. Under discussion, Mrs. Huckle referred to thinking and researching this and stated although there may be merit to these modifications introduced, she believes there is reason for us to address the zoning regulations and would vote against a reduction in the number of parking spaces. She would hope there can be verbiage added to the zoning code to give some leeway for this type of accommodation in condominiums and residential configurations. Mayor Harmening asked if she would like the City Attorney's interpretation of-the code and Mrs. Huckle replied that she talked to Mr. Wolf this morning and has researched the code. She thinks we should adhere to the zoning regulations because other developments have had similar configurations but did not think to ask for a reduc- tion. She feels she would have to vote against it until it is clarified on the books. Mr. Vance agreed that clarifying language can be drafted. He read Sections S and W and stated it is their interpretation that these apply to this category. Mrs. Huckle disagreed and Mr. Vance stated the language will be reviewed. Mr. deLong referred to the City Planner having done some background study on this before making a recommenda- tion and Mr. Annunziato agreed this was correct. Motion car- ried 4-1 with Mrs. Huckle dissenting. Applicant: Location: Use: Mariner's Way, submitted by Mr. J. Stephen Ryan, Agent North of Lake Worth Mariner Village at N. E. 12th Avenue Construction of 32 two story, two bedroom 2½ bath townhouses on 4.75 acres Mr. Annunziato referred to the final plat for Mariner's Way having been approved by the City Council subject to submis- sion of a bond and advised this is the site plan for 32 town- houses located on a finger canal off the Intracoastal Waterway to the north of Mariner's Village. The amenities provided on site are the retention of the mangroves and ownership of the lots is projected into the canal with the potential of docks. The type of ownership is fee simple with a homeowners' associa- tion to be made responsible for the common property areas. This application was reviewed by the Planning & Zoning Board based on recommendations by the staff and unanimously recom- mended this site plan be approved subject to the memos. -7- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 Mr. Annunziato referred to the staff comments and read the memo from the Building Official stating building permits for this project are subject to either Water Management or D.E.R. approval, whichever applies. Subject to standard penetration tests for soil density. He added that the D.E.R. permit has been secured and is on file. The Director of Utilities noted that the plans for Mariner's Way call for demucking if muck is found in installation of the sewer line. This will have to be inspected on site when the ditch is open. If any muck is found, and if in the judgement of the Utilities staff it re- quires cradles because the muck is too deep to remove and pro- perly bed, this will be a requirement. Mr. Annunziato advised the applicant is aware of these com- ments and the Planning & Zoning Board has agreed to the same. Last night, it was reviewed by the Community Appearance Board and their endorsement follows. Mr. Trauger moved approval of Mariner's Way as submitted by J. Stephen Ryan with the comments and attachments put on by the City Planner and staff. Mrs. HuCkle seconded the motion. No discussion. Motion carried 5-0. Mr. Trauger stated he would like to ask a question of the City Planner while he is before the Council. Several weeks ago, we received notice of the filing of bankruptcy of Bass Creek. He believes there was a bond put up at one time on that and there are several houses in there, but no roads. Are the people in there stranded and legally what happens? Mr. Vance replied with respect to the individuals who may have purchased, he would have to look into that with more detail. The bond pOsted with the City only covers public improvements. Mr. Cheney added that Mr. Wolf is involved researching this bankruptcy particularly in regard to our ability to go in there and do some cleanup. There is some wording in the bankruptcy procedure suggesting that nobody can do anything. We have been trying to get the ability to get in there and mow because it is a nuisance. Right now, we can do nothing because of the order issued by the bank- ruptcy court. We are concerned about the three houses, but they are not occupied. He doesn't think we want to enforce the bond at this time and have the streets built. He under- stands there is somebody in the wings about to buy the land and try to solve the problem. It would seem wrong to go ahead and force the streets to be built. Mr. Trauger told about boys riding motor bikes in there and one having an accident. Mr. Cheney informed him the police have been in there relative to motor bikes. -8- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 80-39 - Re: Readopting 1979-80 Budget Until 1980-81 Budget has been adopted Mr. Vance r~ad proposed Ordinance No. 80-39 by title on second reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, READOPTING THE BUDGET OF THE CITY FOR THE FISCAL YEAR OF 1979 - 1980 AS AMENDED AND AUTHORIZ- ING T~E EXPENDITURE OF MONIES ON SAID BUDGET UNTIL SUCH TIME ~S A TENTATIVE BUDGET FOR THE 1980 - 1981 FISCAL YEAR NAS BEEN ADOPTED; FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mayor Harmening asked if anyone in the audience wanted to speak in opposition to this ordinance and received no response. He'asked ifLanyone wanted to speak in favor of this ordinance and receive~ no response. He added that we are doing this because we Won't be able to adopt the new budget to meet the fiscal year cutoff because of the TRIM bill. Mr. deLong ~oved the adoption of .proposed Ordinance No. 80-39 on segond and final reading, seconded by Mrs. Huckle. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman deLong - Aye Councilmember Huckle - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman Strnad - Aye Motion carried 5-0. Mr. Cheney referred to the people having received their pro- perty tax notice this week and advised the item for the library is an error. This was put on by mistake in the machine and will not be included on the final tax bill. Ordinances - 1st Reading Proposed Ordinance No. 80-40 - Re: Civil Service - Amend Charter Mr. Vance read proposed Ordinance No. 80-40 by title on first reading: -9- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTIONS 72.4 - 72.13 OF THE CITY CHARTER, ALSO KNOWN AS CHAPTER 61-1889 SECTIONS 2(5) - 2(14) SPECIAL ACTS OF FLORIDA, 1961 BY RENAMING THE CIVIL SERVICE APPEALS BOARD TO CIVIL SERVICE BOARD, PROVIDING FOR STAGGERED TERMS FOR MEMBERS OF SAID BOARD; REQUIRING ATTENDANCE OF MEMBERS; REQUIRING ANNUAL REPORT OF BOARD; PROVIDING THAT THE BOARD HEARINGS ARE ONLY REQUIRED WHERE AN EMPLOYEE IS SUSPENDED WITHOUT PAY FOR SIX OR MORE CONSECUTIVE DAYS; PROVIDING FOURTEEN DAYS FOR AN EMPLOYEE TO REQUEST A HEARING BEFORE SAID BOARD; PROVIDING THAT NO HEARING SHALL BE ADJOURNED FOR MORE THAN SIXTY (60) DAYS; PROVIDING FOR A REFERENDUM ON SAID ORDINANCE; ADOPTING A BALLOT TITLE; A SUMMARY OF SAID AMENDMENT FOR THE BALLOT; PROVIDING FOR A DATE FOR THE REFERENDUM; PROVIDING FOR THE CITY CLERK TO TRANSMIT THIS ORDINANCE TO THE SUPERVISOR OF ELECTIONS TO BE PLACED ON THE BALLOT; REQUESTING THAT SAID ORDI- NANCE BE PLACED ON THE BALLOT FOR REFERENDUM; PROVIDING AN EFFECTIVE DATE FOR SAID ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE AND FOR OTHER PURPOSES. Mr. deLong moved adoption of proposed Ordinance No. 80-40 on first reading, seconded by Mr. Trauger. No discussion. Mrs. Padgett tOok a roll call vote on the motion as follows: Councilmember Huckle - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman Strnad - Aye Councilman deLong - Aye Motion carried 5-0. Proposed Ordinance No. 80- Re: Elections - Amend Charter Mayor Harmening announced this has been deleted. Resolutions Proposed Resolution No. 80-II - Re: Authorizing the Opening of a ',Miscellaneous Trust Fund" Checking Account Mr. Vance read proposed Resolution No. 80-II by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE OPENING OF A CHECKING ACCOUNT WITH FLAGSHIP FIRST NATIONAL BANK IN THE CITY OF BOYNTON BEACH, FLORIDA, SAID ACCOUNT TO BE KNOWN AS MISCELLANEOUS TRUST FUND. -10- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 Mr. deLong moved adoption of Resolution No. 80-II, seconded by Mrs. Huckle. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Trauger - Aye Councilman Strnad - Aye Councilman deLong - Aye Councilmember Huckle - Aye Mayor Harmening - Aye Motion carried 5-0. Other Proposed Ordinance No. 80- Proposed Ordinance No. 80- Re: Tree Ordinance Re: Landscape Ordinance Mayor Harmening stated it is his understanding the Community Appearance Board has not had the opportunity to review these and he recommends leaving them on the table. Mr. deLong moved to leave these on the table, seconded by Mr. Trauger. Motion carried 5-0. Legal Questions from Councilman deLong Mr. deLong referred to the landscaping at Los Mangos and stated it seems-this developer definitely did not live up to his obligations and also there is a drainage problem. He is acquainted with the fact that the performance bond has been released. He would like tO know from the City Attorney whether we have any recourse since the same developer is still building in the City. Mr. Vance replied that he would like to check on this. Mr. deLong continued that as these things occur, everybody comes up with an idea how they can be eliminated in the future, but generally no action is taken. The Co-Chairman of the Planning & Zoning Board suggested that landscaping be in- cluded under bondi~ and he would like ~to know if there is a possible way to do this? ~r. Vance informed him that the proposed landscape ordinance includes the requirement for an irrigation system, but he is not sure how much further we can go. Mr. deLong referred to the newspapers being full of stories about peoPle who get involved with putting a pool in their yard and then the pool company goes bankrupt. Is there any- thing requiring a bond from these people to protect the resi- dents? Mr. Vance replied negatively and added that he has two clients with the same problem. He does not know of any -11- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 way we could require a performance bond. The owner when con- tracting for a pool can. Mr-. deLong commented that the people employed by the City are being paid by the taxpayers and he is inclined to believe the employees should be out protecting the people in the City at all times. Would it be unethical at the time a permit is being requested to check with the people to find out whether they have made any arrangements for a perform- ance bond? Mr. Vance stated if the County Office of Consumer Affairs could be persuaded to publish handouts relating to some of the problems people have encountered in connection with pool builders, these could be given to the applicant at the time they apply for a permit. Mr. deLong stressed that he is very much concerned about this. He would like to see the atmosphere in this City where these people who are in- clined to attempt to rip off the consumer would steer clear of Boynton Beach. Mr. Vance commented that this is a problem where about the best we can do is engage in education and at- tempt to warn the people. There were further comments made about disreputable contractors. Mr. deLong stated the people in the City are very much dis- turbed about the lot clearing requests being asked for. He believes we don't have the manpower to take care of all the requests. He told about Boca Raton having the system of lawn maintenance men being called to mow vacant lots. He would like the City Manager and City Attorney to look into this and see what we can come up with so the people won't have to wait so long to get a lot cut. Mr. Cheney informed him that just recently, we did amend the fee to $30 per hour to include the administrative fee and to do the work on an overtime basis. Our main problem is the tractor. He is confident once we get caught up with the tractor, we won't have a problem. We have improved the procedures with noti- fying the people of the higher fee. We are going to put a three point hitch in the back of tractors used in the trash program, so if a tractor is down, the bUsh hog can be pulled. Mr. deLong asked if we have enough of a force without calling on outside maintenance men and Mr. Cheney informed him that he understands that the people have a terrible time finding outside maintenance people. We do make a list of maintenance people available to these people looking for someone to mow lots. However, most of the lawn maintenance people are all booked up at this time of year. Mr. deLong added that some people have been waiting over two months to get a low mowed. Mr. Trauger asked if this meant the companies on the list charge $30 per hour and Mr. Cheney replied negatively and explained the $30 per hour charge is only if the City mows a lot. He added the theory was in making this charge that the people would mow the lots themselves or hire a private company, but they are having trouble getting a private com- pany. -12- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 Mr. Strnad mentioned that he was told about a man west .of the City having a tractor and mower and if he was sure of getting all the lots ~o mow in the City, he would be dependable. Mr. Cheney advised this is the procedure the City is using on the lethal yellowing program. This is working, but there are many complications. Mr. Cheney continued that he understands some years ago, the City mowed lots at no charge twice a year and then decided to charge to do the mowing. There is the option of going out to bid ~or somebody else to do it, but we lose control on that. However, if the City Council wants to try that procedure, we can. He really thinks once we get caught up, we will staY caught up. Mr. deLong questioned how much time was given to a person to have a lot mowed after sending notice and Mr. Cheney explained when a complaint is received, an inspector is sent out to verify the violation. Then a certified letter is mailed giving thirty days from the date the letter is received to mow the lot according to the ordinance. After thirty days, a work order goes out to mow the lot. Our problem fOr many months has been the old tractor. Mayor Harmening summarized that by the next meeting, we should have some idea whether the City is going to be able to handle this in a timely fashion and if not able to, we may want to set some other policy. Further comments followed relative to this problem of lot mowing. OLD BUSINESS City Council Establish Priority for Golf Course Design Negotia- tion by City Manager Mayor Harmening announced that two nights last week, the City Council conducted two separate workshop meetings and inter- viewed eight golf course architects. We selected the follow- ing four: 1. Von Hagge & Devlin, Inc. 2. Karl Litten, Inc. 3. Gee & Jenson - Ward-Northrup 4. Charles F. Ankrom, Inc. At this time, he thinks it is necessary to confirm the action taken at the workshop meeting. Mr. deLong moved to ratify the action taken at the screening committee meeting, seconded by Mr. Trauger. No discussion. Motion carried 4-0 with Mr. Strnad ~abstaining. -13- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 Review 1980-81 Proposed Budget Revision Mayor Harmening announced this was tabled previously for the workshop meeting. Accept Letter from Bethesda Memorial Hospital Mr. deLong moved to accept this letter and place on file, seconded by Mrs. Huckle. No discussion. Motion carried 5-0. Statement for Public Record Relative to Ordinance No. 80-36 Requested by Councilman Norman Strnad Mr. Strnad stated this is merely a statement and not intended to withdraw ~any comments or discussions from the Council. It is his understanding that legal action may be filed against the City due to our rezoning on Ordinance No. 80-36. He rea- lizes according to Roberts Rules of Order, he cannot recon- sider this issue at this time. However, due to the possibi- lity of the impending legal action, he goes on record to op- posing this change to save the City money and to save the tax- payers' money. NEW BUSINESS Review of Initial Proposals for Old Wastewater Treatment Plant Mr. Cheney stated this is a project the Council needs to ad- dress. A report has been submitted from Mr. Cessna. He would like to receive any comments from the Council on this summary report. Based on that and what is in this report, we would then proceed to prepare cost estimates on carrying out the suggestions. Mr. Trauger commented that this is an excellent report. It sounds good, but there are several items as far as costing is concerned. Can these items be charged to the Utility Funds if this plant is on a standby basis and Mr. Cheney responded affirmatively. Mr. Trauger asked if there has to be any provision put in this year's fiscal year utility budget before adoption and Mr. Cheney informed him that in essence in the current year's budget, there is $50,000 and we have spent a little bit. That money will be re-appropriated in next year's utility budget and that is where the money would come from. Mayor Harmening suggested that we go ahead and cost out some of these modifications based on the proposal. After getting the cost estimate, we can see if we want to go along with it. -14- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 Mr. deLong added in 1976, the E.P.A. was very determined this plant would be dismantled and he thought that was a waste of taxpayers' money to permit this to occur. The City, thrOugh him, secured a senator's pledge that this should not be per- mitted to occur, but the plant should remain in mothballs to be used in an emergency status. We do have some assurance from one of the U. S. Senators from the State to prohibit the E.P.A. from dismantling this plant. Mr. Cheney agreed this is correct, but the plant does not have a permit to operate. The assumption is if we get into a moratorium situation, the E.P.A. would think differently then about using this plant than they do now. Mr. deLong added that the present status at the re- gional plant is an example for keeping this plant in mothballs. Mr. deLong moved to direct the City Manager to implement some cost estimates for initiating some of these proposals, seconded by Mrs. Huckle. Under discussion, Mr. deLong added that he believes funds are available. Motion carried 5-0. Review of Additions to Water System Approval to Proceed with Construction of Six Wells General Plans for Water System Expansion Mr. Cheney referred to this addressing a number of water pro- jects and stated he would like to make recommendations. The immediate request is that the City Council authorize us to enter an agreement with Russell & Axon to design four wells and related piping system for the Jarvis property. He ex- plained these will be the last four wells. This can be paid for with funds available in the 1978 bond issue. After this design is completed, we will have six wells and piping system. He then anticipates proposing to the Council the construction of all six wells which will get us on the Jarvis property and off before much development. The current water plant will be completely supplied then according to the master plan. In essence, that plant supply is finished and we would begin thinking about a second plant. Mr. Cheney continued that he anticipates at the same time coming back with the recommendation to construct six wells with the recommendation for construction of the north/south water line from Miner Road which will complete the loop in the system. At the same time, a proposal would be submitted for a storage tank on Woolbright Road. The entire system to be served by the entire water plant would be completed with the extension.~ of Congress Avenue down to Hunter's Run. From there on, he would then be proposing a search for a well field for the new plant. Also, we would probably be recon- sidering and updating the master water plan at that time. -15- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 Mr. Cheney clarified that the main thing being asked at this time is to be authorized to sign the agreement with Russell & Axon to design the last four wells and piping system. Mr. deLong moved to proceed seconded by Mr. Strnad. Under dis- cussion, Mr. Strnad aski how much water are we going to be able to suck out of the ground before it goes dry and Mayor Harmening replied that t depends on the amount of rainfall. Mr. Cheney added this estion was considered when the master plan was designed and e placing of eight wells on the Jarvis property was taken into consideration. Mr. Cessna added that we have a ten year permit allowing us an average of 10 mgd to a peak of 16 mgd. THe Water Management's opinion is there is this amount to take care of the plant on Seacrest BlVd. When we go to another well system at a later date, it would be far removed from this area. Motion carried 5-0. Ratification of South Central Regional Wastewater Treatment and Disposal Board - Administrative and Operation Budget for 1980-81 Mr. deLong stated in view of the fact all members of this Council worked on this particular budget, he moves at this time for ratification. Mrs. Huckle seconded the motion. No discussion. Motion carried 5-0. ADMINISTRATIVE Expiration of Term of Office on Boynton Beach Housing Authority Mayor Harmening announced this will be left on the table. Report on Police ~Firing Range Mayor Harmening alnnounced this will be left on the table since no information hais been received. Outline of Possible Amendments to Election Procedures Mayor Harmening announced this will be left on the table. Approval of Water Service to Mitchell/Haskel Development, Boynton West Shopping Center - Contingent upon Execution of Final Utility Agreement Mr. Cheney advised that we met with these developers and there is no problem in water supply. The agreement will be submitted when it is finalized, but they have asked for this kind of motion. -16- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 Mr. deLong stated in compliance with the recommendation of the Director of Utilities, he moves to execute this utility agreement when it is acceptable to the City. Mr. Trauger asked if there was any way to annex this property and Mr. Strnad-replied negatively since it is not contiguous to the City. Mr. Trauger commented that we keep expanding services, but the customers do not pay their full freight and baggage and Mayor Harmening replied they are paying their share plus. Mr. deLong clarified that this property is too far out to annex under the present annexation laws, but we should sup- ply them since they are in our service area. Mr. Vance added under the new annexation statute adopted by the State, the land must be contiguous. Mr. Cheney added that we are committed to supply this service by an agreement made with Drexel in the early 1970's. Under our ordinance, these customers do pay 125%. Mrs. Huckle then seconded the motion. Mayor Harmening clarified that it has been moved and seconded to approve in concept the supply of water to Mitchell/Haskel Develop- ment subject to the drafting and approval of an agreement by the City. No discussion. Motion carried 5-0. Request for Temporary Construction Trailer - High Ridge Country Club Mr. deLong stated since everything is in order, he moves that this request be granted, seconded by Mr. Trauger. No discussion. Motion carried 5-0. Request for Cemetery Lot Refund Mr. deLong moved to grant this request, seconded by Mrs. Huckle. No discussion. Motion carried 5-0. List of Payments - Month of August, 1980 Mr. deLong moved to accept this list of payments and place on file, seconded by Mr. Traugero No discussion. Motion carried 5-0. Approval of Bills Mr. Cheney read the following bills for approval: Ernest & Whinney Interim work performed on audit Pay from 1980/81 budget 001-000-155-03-00 401-000-155-03-00 5,460.85 2,894.25 2,566.60 -17- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 IBM Corporation Rental on computer for September, 1980 plus spec. changes, etc. Pay from General Fund 001-133-513-40-21 4,400.43 e South Central Regional Wastewater Treatment & Disposal Board City portion or additional funds to cover expenses attached to the furtherance of Step II & minor amendments Pay frOm Utility General Fund 401-000-169-11-00 25,000.00 4. Seyfarth, Shaw, Fairweather & Geraldson Legal services during July regarding fire fighters Local 1891 Pay from General Fund 001-141-514-40-61 4,787.19 Underground Supply Materials for Water Distribution Pay from Water & Sewer Revenue Fund 401-333-533-30-9E 219.00 401-333-533-60-5A 784.00 1,003.00 e J. Williams Pump Service, Inc. 1,830.00 For one 20 hp Motor Pay from Water & Sewer Rev. Fund 401-331-533-40-33 Board of County Commissioners Use of County Landfill for month of August Pay from General Fund 001-341-534-40-9A 10,188.00 Isiah Andrews Driver for Senior Citizens Club - 2 weeks Pay from Fed. Rev. Sharing Fund 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 99.00 Willie Ruth McGrady Server for Senior Citizens Club - 2 weeks Pay from Fed. Rev. Sharing Fund 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 86.40 10. Hardrives, Inc. Re: S.W. 35th Street City's agreement to pay ½ of $13,755.50 Pay from Special Assessment Fund 701-000-169-21-00 6,877.75 Mr. deLong stated since these bills have been approved and verified, he moves they be paid seconded by Mr. Trauger. No discussion. Motion carried ~-0. -18- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 16, 1980 ADJOURNMENT Mr. deLong moved to adjourn, seconded by Mr. Strnad. Motion carried 5-0 and the meeting was properly adjourned at 9:10 P.M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: /,Counc i lmember Clerk ecording Secretary (Two Tapes) -19-