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Minutes 07-01-80
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNHON BEACH, FLORIDA, TUESDAY, JULY 1, 1980 PRESENT Edward F. Harmening, Vice Mayor Joe deLong, Councilman Norman F. Strnad, Councilman Walter "Marty" Trauger, Councilman Peter L. Cheney, City Manager James W. Vance, City Attorney Betty S. Boroni, Deputy City Clerk Vice Mayor Harmening welcomed everyone and called the meeting to order at 7:30 P. M. He announced the Invocation tonight will be given by Father John Block, St. Mark's Catholic Church, to be followed by the Pledge of Allegiance to the Flag led by Councilman Joe deLong. He requested everyone to please rise. AGENDA APPROVAL Mr. deLong stated at this time, he will invoke parliamentary procedure in accordance with Roberts Rules of Order and arise to a question of special privilege. In reference to the accuracy of published reports, he moves to place on the agenda under Openings, Item E - Announcements and reques~ that his remarks be spread upon the minutes. Mr. Trauger seconded the motion and the motion carried 4-0. Mr. Trauger stated he would like to add under Item VIII - Old Business, Item G - Bike Path Comments. Mr. Cheney stated he would like to have three additions con- sidered. Under Administrative, Item K - Approval for a Dis- interment from the Cemetery and Item L - Consideration of Revocable License for the Use of a City Easement. Under VII - Legal, C. Resolutions, Item 3 - Consideration of Resolution Re: Regional 201 Plan. Also one deletion, Resolution - Item C-2, relative to a change in demolition procedures. Mr. deLong moved the adoption of the agenda as corrected, seconded by Mr. Trauger. No discussion. Motion carried 4-0. ANNOUNCEMENTS Vice Mayor Harmening referred to the Mayor not being present and announced that she is still recovering from her sickness and will be back in the near future. ~r. deLong stated in view of the deep concern and unrest by many residents regarding construction of the municipal golf course and the apparent impasse, he has conducted a study of the situation and hereby submits his conclusions for the Council's determination. By inserting the wor~ "other or other than City revenue" in the referendum of the special election held in May, 1979, the report as published in the MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 press was, in his opinion, erroneous. It did create a rider to the referendum changing and denying the power of the elected officers to use other City revenue and thereby caus- ing it to become mandatory to float an unsupported revenue bond issue that would lower the City's credit rating and place the marketability of the bond issue in doubt. His study re- vealed the use of those words were in violation of Article I, Section 24, of the City Charter that provides the elected officers to have the power to use other sources of revenue excepting ad valor~en~ taxes as a combination of funds payable on a revenue bond and/or certificate issue. He then distri- buted copies of that particular section of the Charter provi- sion. Mr. deLong continued that the provisions of House Bill 1020, the Home Rule Act, were not complied with in the following instances: Chapter 166-021 - Municipal Powers, Section 4, provides a referendum shall be held in order to change the distri- bution of powers among elected officials. He interprets that wording to mean a referendum solely for that pur- pose clearly stating the intent. Section 1 of Chapter 166..031 provides that amendments, which also means changes, to the City Charter may be by ordinance or by petition signed by 10% of the electors. The governing body shall place the amendment proposed in the ordinance and all petitions to a vote of the electors. Article I, Section 24, of the City Charter also grants the City full power for the issuance and sale of reve- nue bonds and/or certificates without a vote of the electors and further provides it is determined and de- clared as a matter of legislative intent that no elec- tion to authorize the issuance of revenue bonds and/or certificates under said act shall be necessary. Mr. deLong stated the cigarette tax fund received by the City amounted to $137,000 last fiscal year. Is there any reason why this refund cannot be placed as insurance and/or a backup to construct the golf course? Vice Mayor Harmening 'asked if any action was contemplated on this report and Mr. deLong replied he was just submitting this to the Council for their determination. MINUTES -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Regular City Council Meetinq - June 17, 1980 Mr. deLong moved adoption of the minutes as recorded, seconded bY Mr. Trauger. No discussion. MOtion carried 4-0. PUBLIC AUDIENCE Vice Mayor Harmening announced that anyone who desires to address the Council on any item not on the agenda may do so at this time. He stated that anyone who would like to speak to any item on the agenda to please give their name to the Acting City Clerk, Mrs. Boroni, and they will be called upon at that time. BIDS Sara Sims - Community. Development Project Funding (Tabled) Mr. Cheney suggested this be temporarily postponed until after considering the ordinance on the agenda. Mr. Strnad moved to suspend the regular order of business and move to Site Development Plans. ~r. deLong seconded the motion. Motion carried 4-0. (See Page 28) SITE DEVELOPMENT PLANS Quail Lake Subdivision Consider Approval of Final Plat and Request Permit for Excavation Mr. Cheney referred to two issues being involved, one is the approval of the final plat and the other is approval of an excavation permit. He submitted a summary of all the condi- tions relative to the Quail Lake excavation. It is also sug- gested with the preliminary plat that this excavation has to be considered as part of the residential development of the final plat. or otherwise, they would be involved with a mining permit and mining is not permitted in this zone. Copies of a letter received from Mr. Cogen opposing this were distributed to the Council members. Mr. deLong referred to there being a question of posting a $25,500 bond or $41,500 bond as recommended by Mr. Clark and asked if this has been resolved? Mr. Cheney replied that he understands one of the two parties has agreed, but approval should be conditioned upon receiving the bond. -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Mr. Vance asked if the applicant has been made aware of all the conditions in addition to the increase in the bond and Mr. Harry Kirsner, owner, and Mr. Charles Rowen, excavator, came before the Council. Mr. Rowen stated that he'is familiar with the conditions. Their engineer was supposed to be here to address this, but evidently he was delayed. He does ac- cept the conditions. Mr. Vance clarified that any approval by the City Council would be conditioned upon the proper exe- cution of the document and submission of the bond. Mr. Strnad asked if there would only be one acre at a time being excavated and backfilled and Mr. Rowen replied that it is referred to in portions of the lake and they will complete one portion before moving to another portion. Mr. Strnad stated he understood it was one acre and Mr. Clark informed him it was two acres on a previous permit and explained how this was documented with the application.. This approval would be predicated upon recording the easement for the lake. Mr. Cheney added that he doesn't believe there is anything in the documentation of this particular project making refer- ence to one acre, but it can be added if desired. Mr. Strnad stated he believed it was stipulated before to avoid having a mess with several acres being excavated. Mr. Clark clarified that the previous agreement was to excavate two acres at a time, so the bond could be reduced to $25,000. Mr. Strnad referred to the muck drying Out and being blown all over and Mr. Clark informed him that stipulations which are required for a permit include wetting down and otherwise cQntrol of the muck and sand. Mr. deLong stated in reviewing th~ stipulations as presented by the City Manager to the City Engineer, he thinks everything was pretty well covered. Mr.. Harmening asked if the plat was available and Mr. Clark informed him it is in the City Clerk's office. Mr. Strnad moved to approve the final plat for Quail Lake with the sixteen stipulations which the applicant agrees to and the posting of the bondo Mr. Trauger seconded the mo- tion. Mr, Kirsner requested that two separate motions be made, one on the plat and one on the excavating permit. Mr. Trauger then withdrew his second. Mr. Strnad moved to approve the final plat for Quail Lake, seconded by Mr. Trauger. No discussion. Motion carried 4-0. Mr. deLong moved to approve the agreement, seconded by Mr. Trauger. Mr. Harmening clarified this was the permit for excavation subject to the 16 conditions and posting of a $41,500 performance bond. No discussion. Motion carried 4-0. -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 LEGAL Ordinances - 2nd Readi.ng - Public Hearin~g Proposed Ordinance No. 80-9 - Re: Gulfstream Professional Center (Tabled) Mr. Vance requested this to be left on the table. Proposed-Ordinance No. 80-25 - Re: Waive Bidding Procedures in Emergency, Sole Source Situation and Funds From Other Agencies Mr. Vance read proPosed Ordinance No. 80-25 by title on second reading. Mr. Harmening asked if anyone in the audience wanted to speak in opposition to this ordinance and received no re- sponse. He asked if anyone wanted to speak in favor of this ordinance and received no response. Mr. deLong moved the adoption of Ordinance No. 80-25 on second and final reading, seconded by Mr. Trauger. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Harme/ng - Aye Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Motion carried 4-0, Proposed Ordinance No. 80-26 - Re: Repealing Fire Districts Mr. Vance read proposed Ordinance No. 80-26 by title on second reading. Mr. Harmening asked if anyone in the audience wished to speak in opposition to this ordinance and received no re- sponse. He asked if anyone was in favor and received no re- sponse. Mr. Trauger moved to adopt proposed Ordinance No. 80-26 on second and final reading, seconded by Mr. deLong. No discus- sion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Motion carried 4-0. Ordinances - 1st Reading Proposed Ordinance No. 80-27 - Re: Lot Mowing Amendments Mr. Vance read proposed Ordinance No. 80-27 by title on first reading. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Mr. deLong moved the adoption of proposed Ordinance No. 80-27 on first reading, seconded by Mr. Trauger. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Motion carried 4-0. Mr. Vance stated the next ordinances listed on the agenda require public hearings. Resolutions Proposed Resolution No. 80-T - Re: Approving Investment Advisory Service Agreement Between First Bank & Trust of Palm Beach County and the Board of Trustees of the Employees' Pension Plan Mr. Vance read proposed Resolution No. 80-T by title. Mr. deLong moved to adopt proposed Resolution No. 80-T, seconded by Mr. Trauger. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye Vice Mayor Harmening - Aye Councilman Strnad - Aye Councilman Trauger - Aye Motion carried 4-0. Proposed Resolution No. 80-U - Re: 201 Facilities Plan Addendum Mr. Vance read proposed Resolution No. 80-U by title. Mr. deLong moved adoption of Resolution No. 80-U, seconded by Mr. Trauger. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Motion carried 4-0. Being .that it was 8:00 P. Mo, Mr. deLong moved to revert to the regular order of business, seconded by Mr. Trauger. Motion carried 4-0. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 PUBLIC HEARING - 8:00 P. M. Rezoning Request: Applicant: Location: Request: Plants for a Pittance, Submitted by Robert E. Seither 209 & 211 East Ocean Avenue Rezone from R-3 to C-2 (Lots 11-14, Block 4, Original Town of Boynton) Mr. Annunziato explained this was the first application from the public to amend the comprehensive plan and rezone. The request is to extend Plants for a Pittance into the multi- family structure at N. E. 1st Street and Ocean Avenue. When going through the comprehensive plan adoption procedures, there were requests from some property owners in this area to rezone to residential as a result of the tax increases for commercial. A study was made and there are only a few commer- cial uses in this area. The recommendation in adoption of the comprehensive plan was to give the area the land use of high density residential. It was rezoned from C-2 to R-3. Mr. Seither is requesting to expand his commercial operation. The Planning & Zoning Board conducted a public hearing and recom- mended the land use amendment and rezoning be denied noting this would be spot zoning, inconsistent with the comprehensive plan, the C-2 uses are not limited to Plants for a Pittance, and this would increase traffic congestion. Vice Mayor Harme~ing asked if anyone in the audience wanted to speak in favo~ of this rezoning He added that quite a ew petitions and letters were received on this rezoning request, both pr© and con, but about 14 names are duplicates on both petition~ signed in favor and against. Mr. Robert Seither~ , 230 Valencia Road, West Palm Beach, stated one week ago, he addressed the Planning & Zoning Board on the merits of this garden shop on Ocean Avenue and requested it to be changed to itT present use. There was not much discussion about the garden/shoD~ The loudest critics were not against him or the storel| A-member, Mr. Ryder, said to look at the overall land user If the property is changed to C-2, at a later dater you don't know what would go in there' In reality, the Board ignored the facts of his request and the Board con- centrated on what might be and never happen. He asks the Council to ignor~ the Board's request, k quality garden store on Ocean AVenue is needed. Mr. Seither advised on April 24, 1979, he made application to the City for an occupational license for Plants for a Pittance to be located on- Lots 11 thru 14, Block 4, and the application was granted for all four lots in both buildings. He opened -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 the business in September, 1979, after adding to the buildings and paying particular attention not to destroy the antiquity of the buildings. Then the comprehensive Plan went into effect and changed the zoning from C-2 to R-3. Rezoning Ocean Avenue was a mistake. There are 13 commercial uses on Ocean Avenue from Seacrest Blvd. to the railroad and only six multi-family dwellings. Ocean Avenue was commercially zoned years ago. Recently Boynton Beach has decided to develop their downtown area and Ocean Avenue would be part of that project. If granted a change in zoning so he might improve and expand his garden center, it would be a tremendous asset. ~.Harmening ascertained there were no other persons wanting to speak in favor of this request and the following came before the Council to speak in opposition. Mr. Eric Graupner, 115 N. E. 2nd Street, referred to the Zoning Board having unanimously recommended that the peti- tioner's application for rezoning this property be denied and stated he respectfully requests the City Council approve the recommendation of the Zoning Board and also deny this request. Ms. Bertha Welch, 306 N. E. 1st Avenue, stated she would like to oppose this request. Even though this is asked for commer- cial, it looks like agriculture. There is fertilizer which smells and there is an abundance of mosquitoes. She requests this to-be denied. Mr. deLong moved to uphold and approve the recommendations of the Planning & Zoning Board, which was not to approve this particular request, due to the following recommendations. After conduCting a public hearing, the Planning & Zoning Board unanimously recommended that the proposed amendment to the plan and rezoning be denied, noting many letters of objec, tion, spot zoning, inconsistency with the comprehensive plan, uses in the proposed zone are not limited to the applicant's request and increased traffic. He thinks these are enough reasons to reject an application. Mr. Trauger seconded the motion. Under discussion, Mr. Strnad stated that he thinks wherever we can possibly keep the density down in the City, it should be done. The only objection that he heard made about this particular venture was the fact there would be a fertilizer smelI. Without rezoning, Mr. Seither will be per- mitted to sell fertilizer. As far as vegetation, Ocean Avenue has plenty of vegetation even without this nursery. He thinks we should look at this very carefully before denying it. Mr. deLong stated the City Planner and Planning & Zoning Board have spent quite a number of months since 1975 attempting to get an overall comprehensive zoning plan, which has been ap- proved. There was no use for these people to spend all that -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 time and there was no reason for us to adopt the plan if we are not going to abide by it. The reasons for turning it down were spot zoning, which we don't need; inconsistency with the comprehensive plan and they are reasons enough to reject the application. Mr. Harmening stated at the present time, we have a proposal from State consultants in regard to the downtown business district and he doesn't know which way that will go, but con- ceivably this area will be included. If so, at that time, it might be changed assuming it is not going to be changed tonight. Mr. deLong added that the environment and atmosphere in that area is multi-family and he sees no reason why it shouldn't remain that way. He doesn't think they will be going from multiple dwellings to commercial. Mr. deLong then requested a roll call vote on the motion and Mrs. Boroni called the roll as follows: Councilman Strnad - No Councilman Trau~er - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Motion carried 3-1. Proposed Zoning Ordinance Amendment to add Definition to Sec- tion 1, Definition of Terms, of Appendix A, Boynton Beach Code of Ordinances Mr. Annunziato informed the Council the next three public hear- ings deal with text amendments to bring the zoning into con- formity with the comprehensive plan. This is an addition of a definition dealing with screening adequately. The administra- tion has had a problem with ~the definition of screening. The proposed definition reads: Screening (adequately): To conceal from public view, materials on private property with a structure made of metal, wood or masonry. Said structure shall meet the requirements of the Southern Building Code. Mr. Annunziato stated the Planning & Zoning Board conducted a public hearing on this issue and unanimously recommended this proposal be approved. Mr. Harmening asked if anyone in the audience wanted to speak in.opposition to this proposed change in the zoning ordinance text and received no response. He asked if anyone in the audience was in favor of this proposed change to the zoning ordinance text and received no response. -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Mr. Vance informed the Council there would be no actual action required on this except to close the public hearing since aCtion will be taken with the ordinance. Mr. Trauger moved to close the public hearing on this proposed amendment to the text, seconded by Mr. deLong. No discussion. Motion carried 4-0. Proposed Zoning Amendment - Amending Commercial Text Mr. Annunziato informed the Council the proposed ordinance which is associated with this public hearing concerns adding definitions to the ~xt of the zoning code and changing uses from C-4 to C-3 and C-2. This ordinance was advertised as part of the City-wide rezoning and notification appeared in the newspaper in the form of an advertising map, The proposals are consistent with the requests discussed at the workshop meeting held by the Council. Mr. Harmening asked if anyone in the audience wanted to speak in favor of this proposed amendment to the commercial portion of the zoning text and received no response. He asked if anyone was in opposition to these proposed changes to some of the wording of the commercial zoning text and received no response. Mr. Trauger moved that the public hearing be closed on this item, seconded by Mr. deLong. No discussion. Motion carried 4-0. Proposed Zoning Amendment - Adult Entertainment & Definitions Mr. Annunziato stated this ordinance was advertised as part of the map which appeared in the newspaper announcing the public hearing for the City Council and Planning & Zoning Board. Basically what this ordinance does is prepare additional definitions to the text of the zoning code, modifies defini- tions to the text of the zoning code, and adds definitive statements and special restrictions regarding adult uses. The ordinance provides for adult entertainment uses, defines them, locates them in the C-4 zone, and limits them to 1,500 feet from a house of worship or school. Mr. Harmening asked if anyone in the audience wanted to speak in favor of this proposed amendment and received no response. He asked if anyone was in opposition to this proposed amend- ment to the zoning text. Mr. Harry B. Stein, 760 East Ocean Avenue, commented that on one hand, this may be desirable in that it defines a list of permitted activities; but on the other hand, it may open a big can of worms. He believes the definitions are much too broad -10- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JULY 1, 1980 for Boynton Beach. The definition for adult entertainment establishment is: "A commercial enterprise which predominately limits admission to adults only owing to the ~sexual nature of its merchandise or entertainment. Such establishments may in- clude but not be limited to adult book stores, adult theatres, adult lounges, adult health studios, adult motels or hotels with nude, bottomless or topless entertainment or employees.'w Mr. Stein continued that the entire field of what can be de- fined as permissable activity under the constitution is a gray area. By including bottomless and nudity as permissable activities, legalizes what may be obscenity. He doesn't be- lieve the Council should allow this language. He urges the Council to omit the words "nude and bottomless" from the ordi- nance. Also, the application for an occupational license should be broadened to include specific questions whether this type of activity is to be conducted there and if stated to have nudity or bottomless, the application should be denied and let it go to court for a .decision. He doesn't think this Council shoUld enter into this type of legislation. Mr. deLong requested input from the City Attorney regarding this and Mr. Vance replied that what is being attempted is to give the Council the most control possible under the exist- ing circumstances. We cannot go any farther than the State Statute. He explained how they tried to cover everything. He believes Mr. Stein's concern is not founded. Mr. Stein stated this proposed language goes farther than any type he has seen in any legislation. Mr. Vance replied that he is misconstruing the effect it will have and Mr. Stein disagreed. Mr. Cheney stated from the administrative point of view right now and as part of some of the activities in the City, at the moment we have no way of preventing anything in the City and no way to prevent the establishments from coming altogether in one place. He explained how by setting distance require- ments, it was hoped to prevent an adult strip from being located in the City like in other areas. Mr. Stein responded that he finds it difficult to believe the City Manager's opinion that we cannot prevent this type of activity. It is a clouded area and the City has the jurisdic- tion to prevent it. This seems to legislate something which is obscene. Mr. Cheney informed him the State Statute does not prohibit nudity and bottomless, but what is displayed in a certain way. For the Council just to deny these, it would open the City to serious lawsuits. It would open the poten- tial for every taxpayer to have to pay claims against the City. According to court decisions, you cannot prevent this. -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Further discussion ensued regarding this definition. Mr. Harmening then ascertained that nobody else wanted to speak in opposition to this proposed amendment. Mr. deLong moved to close this public hearing, seconded by Mr. Trauger. Under discussion, Mr. deLong commented that whoever was responsible for drafting the definitions did a remarkable job and it has been long overdue in this City. Mr. Vance stated he will pass this compliment to his asso- ciate, Mr. Wolf. Motion carried 4-0. Ordinances - 1st Readinq (Continued) Proposed Ordinance No. 80-28 - Re: Adequate Screening Mr. Vance read proposed Ordinance No. 80-28 on first reading by title only. Mr. deLong moved the adoption of Ordinance NO. 80-28, seconded by Mr. Trauger. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Motion carried 4-0. Proposed Ordinance No. 80-29 - Re: Amend Zoning - Amending Commercial Text Mr. Vance read proposed Ordinance No. 80-29 by title on first reading. Mr. deLong moved the adoption of proposed Ordinance No. 80-29 on first reading, seconded by Mr. Trauger. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye Vice Mayor Harmening - Aye Councilman Strnad - Aye Councilman Trauger - Aye Motion carried 4-0. Proposed Ordinance No. 80-30 - Re: Amend Zoning - Adult Entertainment and Definitions Mr. Vance read proposed Ordinance No. 80-30 by title on first reading. -12- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Mr. deLong moved adoption of proposed Ordinance No. 80-30 on first reading, seconded by Mr. Trauger. Under discussion, Mr. Harmening commented that it seems we are operating in an area in which the Supreme Court cannot make up their mind entirely. He feels we have probably done the best job possible and the people who drafted this ordinance did the best job they could under the existing conditions as laid down by the continually changing view of the Supreme Court. It could get extremely costly if the City got involved in defending the position of denying this, not only expensive, but probably very frustrat- ing. Mrs. Boroni then took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Motion carried 4-0. Proposed Ordinance No. 80-31 - Re: Demolition Mr. Vance read proposed Ordinance No. 80-31 by title on first reading. Mr. deLong moved adoption of Ordinance No. 80-31 on first reading, seconded by Mr. Trauger, Under discussion, Mr. Harmening referred to Section 5-14 (a) and suggested the City Council "may" assess in place of "shall". There could be cOnditions in a few cases where the City Council may not be desirous of assessing the cost. Mr. deLong agreed and made an amendment to change "shall" to "may". Mr. Trauger seconded the amendment. Mr. Vance sug- gested this be tabled, so he could check this out. Mr. deLong replied that he believes the City Council does have the right to inject a certain degree of flexibility into any proposed ordinance and he believes that is what the Chair is trying to accomplish and he agrees. Mr. Harmening suggested that it be voted on and the City Attorney could still check it out. He then called for a vote on the amendment and the vote was 4-0 in favor. Mrs. Boroni then rook a roll call vote on the 'original motion as follows: Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Motion carried 4-0. -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Other Proposed Ordinance 80- Re: Tree Ordinance (Tabled) Mr. Vance reported that his office received a phone call from a representative of the Community Appearance Board requesting this matter to be tabled because their Chairman is out of town. Mr. Harmening clarified that this is on the table, so no action is required. OLD BUSINESS Approve Extension of Agreement with William R. Hough Company, Fiscal Agent Mr. Cheney referred to haHing an agreement with ~gh & Company fox sore years to handle various fiscal matters and give finan- cial advice and advised the agreement ends in 1980. He recom- mends the Council approve this agreement particularly because of the golf course question and the upcoming bond issue on utilities, He then called their attention to the different provision'in Paragraph 14 on Page 6 relative to the fee we would Pay Hough & Company if we go to public bid on a bond issue and exPlained how this was a combination of a flat fee and base fee.with both sides being protected this way depend- ing on the size of the bond issue. He recommends this agree- ment be approved. Mr, A1 Shepard is present to answer any questions, Mr, deLong moved to approve the recommendation of the City Manager and continue to engage Hough & Company. Mr. Trauger seconded~the-motion. Mr, A1 Shepard came before the Council and stated he is delighted to be here and is ready to serve, Motion carried 4~0, Mr, Shepard thanked the Council and added that it will be a pleasure to work with the City again. · Review of MUnicipal'Go'l'f~'Co~ur's~e~P'rOject Mr. Cheney referred to reviewing the report, talking to the consultants, having n~erous.discussions with Mr. Shepard, and reviewing the figures in the market and bond situation and stated it is his recommendation that the Council might con- sider proceeding with ~he selection of an architeCt/engineer. They should 'ultimately agree on one architect/enginesr and negotiate a three stage contract with that firm. The first stage would be to begin the design of the project. At the end of the first stage, a detailed cost estimate would be prepared. We would then proceed through the second phase of design and once again review the costs. If things are still in good shape, we wilt proceed to draw final specifications and final plans, -14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Mr. Cheney continued that his own feeling after reviewing the proposal and discussing it ~ nomics of the project will w and financial package. He security and obviously will ity, the interest rate will Mr. Cheney then stated he wc ith Mr. SheDard is that the eco- ork. He explained the bonding eels this project will work without work with security and with secur- be less. uld like to identify the procedure we have to follow in the arqhitect/engineer selection for the people here. We put out a ~equest for proposals from archi- tects/engineers involved in golf courses.' -We receive the pro- posals a~d review them'and ~n some process narrow those prO- posals down to three which ~ook like the best proposals. The City Council interviews thOse three people and ra~ks them in order of choice. Under our current City ordinance, we then proceed with negotiating a c of the CounCil. If we can n agreeable with the Council, go to the second choice and not follow the conventional Mr. Trauger referred to the as a very feasible situation been some controversy and ho on this. He believes this i Beach doesn't have a golf co have. We must stick out our we do. About seven years ag course, but at that time we have the land. Unless we ac will lose the land and be ba Palm Beach, Palm Beach, Delr ahead with this. He believe feasible. Mr. Trauger moved to proceed Mr. deLong seconded the moti Strnad referred to being sel army in 1945 and stated he i business practices and how t. Boynton Beach is a business. a hard look before going int, having a firm guarantee that fice anything for the money , are used from any other sour golf course, it would be a d only way to make that up wou is not against the golf cour have to foot the bill out of ontract with the first top choice egotiate a contract which is that firm is hired; if not, we then the third choice. We do bidding process. Sity Manager having outlined this and stated he knows there has ~ people feel about public funds s one of the reasons why Boynton nrse or parks like other cities neck and he believes it is time D, the City tried to get a golf ~ouldn't fund the land. Now we prudently within two years, we ~k to zero. Lake Worth, West ~y Beach and Boca Raton are going the City Manager's plan sounds under the City Manager's plan. pn. Under discussion, Mr. f-employed since he left the ~-thoroughly acquainted with run businesses. The City of In these times, we should take ) a venture of this sort without the taxpayer won't have to sacri, for the golf course. If monies ~e other than revenues from the [sservice to the people. The Id be to raise the millage. He ~e as long as the people don't taxes or sacrifice something. - L5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Mr. deLong stated that $400,000 can be eliminated for the road and b~idge because he is working on that with County Commis- sioner Gregory and he is quite certain that will be taken care of. When we are acting on this particular project, we are acting within the provisions of the law. Mr. Strnad responded that nobody questioned the legality. The ~uestion is the people of this City should not be shortchanged by having to sacrifice something else in order to pay for the people who want a golf course. Mr. deLong referred to taking money and sacrificing it and stated we better stop spending money for drainage and recreation and throw everything into the General Fund so the ad valorum taxes can be zero. Mr. Harmening commented that he noticed in a couple newspaper articles that the tone of the article seems to imply the con- sultant's report casts the golf course in a negative point of view. In reading the consultant's report on the golf course, it would appear the report is very feasible. There are only two things and one can be overcome by two different ways. There is the fact the first year may show a loss, which is not unusual. There is the other idea that it may or may not be feasible to sell revenue bonds. Revenue bonds would be more saleable if there are additional revenues. He thinks the agents can package a financing arrangement whereby no other revenues will be used to secure this. There is no question they can be sold as a straight revenue issue. It doesn't mean the funds which would be pledged would be used, but they would be used if the revenues from the golf course are not sufficient to retire the bond issue. The report projects excess revenues except for the first year. There is no reason to pledge revenue from other sources. Mr. deLong referred to going through many of these issues during his service to the public and stated actually it is setting up a sinking fund. If there is no reason to call upon it by the time the revenue is paid off, the people in the future will have a terrific surplus. Mr. Harmening agreed this money won't be spent unless there is some reason. It will be drawing interest if not spent. It is not a com- plicated proposal according to the feasibility report. Mr. Harmening clarified that the motion was to proceed with the recommendation to go ahead with the architect/engineer selection. Mrs. Boroni informed him that some people had requested to speak. Mr. Fred DiSalle, 1316 S. Wo 18th Street, stated the Econo- mics Research Associates prepared an excellent report. The purpose of the report submitted was to provide the City with sufficient information to determine whether to proceed with the golf course. There is ample evidence contained in the -16- MINUTES - REGULAR CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA JULY 1, 1980 report to positively support this. It is indicated there is substantially more demand for a municipal golf course in the Boynton Beach area. There is only one municipal golf course in the defined 120 square mile area. All the other golf courses in the vicinity have full membership rol~s and are operating at full capacity. The proposed facility would be not only public, but specifically municipal with a low fee structure. The private clubs have high membership fees and constitute a separate market factor. The three hearest golf courses operated by cities have proven profitable. Based on the degree of acceptance, Economics Research Associates feels there is adequate support for an 18 hole Boynton Beach munici- pal golf course. He explained how the factors are carefully weighed and actually th~ adjusted cost estimates are higher. He then explained how the e~timated costs could be reduced. He gave the basis for the net cash breakdown and explained how it is ~unrealistic approach. The actual structure of the debt will be determined by the financial agent. The ~ounty has made available to the City 167 acres cf land at no cost to the taxpayers. We have the need and opportunity to avail ourselves of this valuable resource. If this project is delayed, we will be faced with a greater expense in the future. Every first rate city has a municipal golf course and Boynton Beach should have its own municipal golf course now. Mr. Bob Kaufman referred to practically everything having been said and stated we should take advantage of the situa- tion which we all know is the best kind of ~usin~ss situa- tion. When you get 167 acres free of charge, he idoesn t know why you have to consider anything else.. If Councilman Strnad was really interested., he should have visited the site and talked t° the organizations in the City Who want a golf course. Mrs. Dee Zibelli, 440 Ocean Parkway, asked when this is put up for a bond issue, will it strictly be for the ~olf course or include in the expense a short-fall for the access road and bridge? Mr. Cheney informed her the assumptiQn is all costs will be included in the bond issue. He explained how all the costs would be included. Mrs. Zibelli clarified that in actuality, they will not dip into the taxpayers' money and Mr. Cheney agreed and stated this was the assump- tion from the beginning. He clarified that all costs are part of the total bond amount. Mr. deLong requested a roll call vote to be taken on this motion and Mrs. Boroni called the roll as follows: Councilman Strnad Councilman Trauger Councilman deLong Vice Mayor Harmening Motion carried 3-1. -17- - No - Aye - Aye - Aye MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 At this time, Vice Mayor Harmening declared a recess and then reconvened the meeting at 9:20 P. M. Review Funding of Seacrest/Flamingo Drainage Project Mr. Cheney referred to being instructed at the last Council meeting to come back with a'gradual plan for the Seacrest/ Flamingo drainage project an~ stated prior to that time, he indicated ~e felt we ~ad a financial problem coming up ~his year and h~ recommended postponing until another year. some suggestions po fund from revenue sharing, ~ained this.could Dot be done because we did ~ot bidding process. To.respond to the Council's reviewed the bUdget and have submitted a budget There were but he exp] follow the wishes, we transfer r~ taking $10, accounts ir Public Works. W, that he will continue to hol~ point of vi on Seacrest suggesting in this way with it. ~ told about Mr. Trauge~ mendations project and pick up'an accept the transfer of age project Motion carr Report on U ~quest. We can do $20,000 of the project with 000 from Continge~cies and $10,000 from salary ew, we have proba] Blvd. The motio] doing $20,000 wor- We .will pick c ~e contractor wil this contractor d~ moved to proceed with this budget see how it comes extension and co] City Manager's r~ $20,000 to contJ · Mr. deLong sec( ied 4-0. · Ic nited Technologle~ confirmed with the contractor the price. From a contract )ly done $4,000 to $5,000 work ~ was a gmadual plan and he is ~h of work here and funding it ~t the worst places and continue keep the prices open. He then )ing satisfactory work. with the City Manager's recom- ~ransfer of $20,000 to do this out. If it goes well, we can ~inue the project. He moved to :Ommendation and make this budget ~ue the Seacrest/Flamingo drain- ~nded the motion. No discussion. Metal Projects Company Mr. Cheney ~ead his report ~ response to ~uestions raised by a citizen a~ the last City ~ouncil meeting] At the last meet- ing of City Council, the st~ff was asked to look into the pro- posed project of United TeChnologies Metal Products Company's ~e~ facility to be located ~the Rollyson building on ~igh idge Road· He met with Bu~ Howell, Tom Clark, Perry Cessna, Carmen Annunziato, and Crai~ Grabeel and they met with three representatives of this com~ny to discuss their project and Obtain a greater understandilng of the operation that they propose to ~lace in the Roll, son building. We reviewed this proposal from the point of ~iew of its impact on the environ- ment, its impact o~ traffic bn High Ridge'Road, and we also investigated the reason for ~he proposal to locate this plant at this location· MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Mr. Cheney stated in summary, we can conclude that there should not be any negative environmental effects from the location of this plant, that the traffic impact on High Ridge Road will be minimal, and the decision to locate within BOynton Beach is an economic business decision related to the desire of this com- pany, a newly wholly owned subsidiary of United Technology, Inc., the parent company of Pratt & Whitney, to locate this plant some distance froTM the current governmental products division on Bee Line Highway and yet relatively close to Palm Beach International Airport. Currently this same process is carried on at the Pratt & Whitney Plant at Bee Line Highway as a part of internal Pratt & Whitney activities. The new faci- lity is proposed to not only do work for United Technology Division, but also for other companies throughout the country. There was some concern maybe they were doing this project in Boynton Beach because there was some danger to employees, but the same activity is carried out on Bee Line Highway. Mr. Cheney continued that this Boynton Beach operation is the first in the United States not located at a Pratt & Whitney site, and is the first of probably five to be located through- out the country with an additional six or seven to be located overseas. The process to be put in the Boynton Beach location will probably not ever exceed the 20,000 square fset being leased at this time, and will probably not have many more than the proposed initial 20 employees, and will probably not ex- ceed 35 employees in the ultimate operation. Mr. Cheney continued that the process, which is a newly patented operation known as GATOR-GARD uses an inert gas, helium, to coat metal products with tungsten carbide. The process is not a metal plating operation which has been a traditional way to protect metal products. The GATOR-GARD process is a response to the environmental concerns of the older process and is considered to be the safest process for making applications of the coating on metal products. The helium, which is directed through a small gun (5 to 6 inches in length), has its electron characteristics affected in the gun, causing the gas to expand, which then at a resulting high velocity applie~ the tungsten carbide to the subject material at a coating between two thousandths of an inch and forty-five thousandths of an inch thickness. The flame that results from this process is about the size of a pen, it is precisely directed onto the subject material traveling at about 4,000 feet per second, which is what makes the coating process ex- tremely effective. Material to be treated in the GATOR-GARD process will be picked up, once a day or less initially, at the airport, brought to the site in a passenger type van for the GATOR-GARD operation, a~d then returned to the airport in a company-owned GATOR-GARD ~an the following day. Material to be treated consists of small parts, and therefore, can be -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 transported in this manner. The only large tractor trailer type truck to be at the site will be a vehicle carrying helium, which will be brought in probably no more than once a month. All waste material will be held within the plant and when col- lected will be carried in a 55 gallon drum to the Pratt & Whitney Plant on Bee Line Highway where there is in existence an approved EPA processing facility. From a chemical point of view, the materials being used in this operation in small quantities are similar to those being used in swimming pOols and the City!s Water Treatment Plant. Mr. Cheney continued the GATOR-GARD process is carried out in five self-contained booths, that are OSHA approved, measuring about 14 by 20 feet. The booths are soundproofed, the air in the booths is filtered before it comes out of the booths. The employee in the booth, while it is operating, does not need to wear any protective clothing or breathing apparatus, although he will wear protective ear guards if he is working in the booth for more than 15 or 20 minutes. Water, that is used only as a coolant in this process, will not exceed 1,500 gal- lons per day, and will be kept on-site probably as a part of the irrigation process for the landscaped areas of the build- ing. Excess tungsten carbide from the GATOR-GARD operation will be collected in a bath Within the booth below where the operation takes place and will be of such a quantity that it is anticipated that this bath will be emptied only once every ten years, with the tungsten carbide being separated for sale and the bath material being processed at the Pratt & Whitney plant on Bee Line Highway. Mr. Cheney added when this application comes before the Plan- ning & Zoning Board as part of the site pl.an review, represen- tatives from United Technologies Metal Products Company will be at that meeting and will be prepared to make a slide pre- sentation with technical aspects and answer any questions. They will be glad to repeat the same process before the City Council when the site plan is presented. Mr. deLong asked if a copy of this report was forwarded to Mr~ Feinstein and Mr. Cheney replied that he called Mr. Feins~in on Friday and mailed a copy to him. Mr. Leo Feinstein, 1390 S. W. 17th Avenue, thanked the City Council and Mr. Cheney and his staff for the kindness showed to him by looking into this situation. As a layman, it struck him as being a possibly dangerous industry for Boynton Beach. He is completely satisfied as a laymen-~ that Mr. Cheney has explored the possibility of danger to our commun- ity thoroughly. He requests this particular process be checked on occasion by our engineer to make sure all the s~atements they have made about its safety process are so. When he -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 brought up this subject as a layman, he went on the premise that if it was metal plating, it could be dangerous to our water and sewer and possibly to the air. In view of the fact they have a new process that does not carry this type of dan- ger, he is satisfied. Mr. deLong replied that he is certain the City Manager will make a. note of his suggestion and follow through on it. Approve Area/Co~ Mr. Chen cipatedl buted it men~ ind Council, sire. H, not had Mr. deLo Mr. Trau~ Report o Mr. Chen~ the bus for the in respol to sit al stops on for bus put some being pul Beach at can purcI each. HE additiong their bus supposed suggests Bo¢ St~ Thc Sui Fi~ Planning Consulting Agreement - Neighborhood Strategy nunity Development and Wallace, Roberts & Todd ay advised when this was put on the agenda, he anti- ~aving the contract Friday evening, but only distri- tonight. There is a letter from Community Develop- [catiJg they will pay the total price. Obviously the ~an wait and approve at the next meeting if they de- is satisfied with it, but the Council members have chance to read it. g moved to lay this item on the table, seconded by · er. Motion carried 4-0. .Location of Bus Benches ~y referred to submitting a report which summarizes ~ituation and stated he will review several proposals ~est bench locations. The bus benches proposed are ~se to a combination bus bench and place for people ~d rest when walking. There are not any~fixed bus the new system. Some places are being established ~tops, but no signs are up yet. The County plans to benches at the stops. There are 20 bus shelters · chas~ by the County, but only one will be in Boynton ~ederal High~ay and 2nd Avenue. He understands we .ase additional shelters for a cost of about $2,000 : understands the County plans to purchase about 50 .1 shelters. The County reserves the right to put benches at bus stops and theoretically we are not to put our benches at their bus stops. However, he the following locations for bus benches: a Raton Federal Savings underneath the Banyan Tree rling Village entrance island by Boynton Isles shine Square, south of the square line gship Bank area On the corner at the First Federal of Delray Beach Gulfstream Lumber Company at Woolbright Road S. E. 15th Avenue and Seacrest Blvd. on the municipal cemetery at the end by High Point -21- MINUTES- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Intersection of Congress Avenue and Woolbright Road Boynton Memorial Chapel Home Federal Savings & Loan on Congress Avenue West of Casa Loma on Ocean Avenue South-o~Wuv~s Pine Point Villas N. E. 10th Avenue and Seacrest Blvd. Mr. Cheney stated he believes we have permission where these are on private property except at Pine Point Villas. This is more than the nine benches we have. Mr, Harmening suggested that benches be placed out as soon as possible. Mr. Cheney replied we will start placing the nine benches we have and if there are any additional locations, please let him know. He would like to start putting them where the Route 9 bus goes, which is the loop road to the beach,since that bus has not had a great number of users and we want to encourage use so it isn't lost. Bike Path Comments Mr. Trauger referred to receiving some calls from Colonial Club, Hampshire Gardens, Snug Harbor and Sterling Village, asking if there could be a bike path coming across Route 1 west to 23rd Avenue, so the people can ride safely to Sea- crest Blvd. In some other calls, requests were made for the City to try to take expeditious action with the State or County to get bike paths along U. S. 1 for the many people living in condominiums along there. There were many pro- posals made for this with using the sidewalk as a designated bike trail, either side of the street, of banning parking on one side. The last request was to ask when the signs would be installed. He is recommending that the City Mana- ger with Mr. Frederick look into this and develop a reply he can give to these people. Mr. Cheney informed him the bike path on 23rd Avenue between Federal Highway and Sea- crest Blvd. is part of the project for the coming year which we have asked for sharing funds from the County. NEW BUSINESS Consider Adoption of Change in Professional Design Consultant Interview and Selection Process Mr. Cheney referred to going through some consultant selec- tion processes and stated some suggestions came forth rela- tive to some changes. He put this on the agenda for some suggestions. -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Mr. Harmening read the three suggestions submitted by Mr. Frederick: Change the wording in the ordinance to indicate that Council "may" talk or discuss service with consult- ants, rather than requiri~ it, thus giving Council the option to approve staff selections without fur- ther interviews. Include one Councilman (selected by Council) on the Selection Committee and eliminate Council's need or requirement to interview consultants. In addition, consider a legal representative on the Selection Committee. t If it is desired to continue the system of Council interviews, consider eliminating Selection Committee interviews and submit three firms to Council without a priority selection recommendation based on Written proposals as submitted. Mr. Harmening stated it might be we may want to change it to "may", but in the case of certain consultant interviews, we could waive it and turn it over to staff and authorize staff, but he doesn't think the Council should get completely out of it. He admits it makes more work for consultants with two interviews. Mr. Trauger stated as a Councilman, it has been quite benefi- cial to listen to the proposals made by the various consultant firms. When the Council is fully cognizant with a proposal, it may relieve doubts. He would consid~ the word "may'~, but he likes the proposal as it is now. To delete it would be abrogating authority of the City Council. Mr. deLong suggested sticking with No. 3 and continuing the interviews with the Council as we do at present. Mr. Harmening agreed we should continue as we have in the past. ADMINISTRATIVE 'Water and Sewer Connections - Gulfstream Professional Center (Tabled) Left on table. Agreement to Operate Sewage Treatment Plant - High Ridge Country Club Mr. Cheney referred to this being approved at the last meet- ing and advised an agreement has been prepared and submitted for discussion. -23- MINUTES - REGULAR CITY COUNCIL F~ETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Mr. deLong moved to approve this agreement upon the recommen- dation of the City Manager and City Attorney. Mr. Trauger seconded the motion. No discussion. Motion carried 4-0. Expiration of Term of Office on Boynton Beach Housing Authority - Mr. Rubin Lefkowitz Appointment of Replacement by Mayor with Confirmation by the City Council Mr. deLong moved to lay this item on the table, seconded by Mr. Trauger. Motion carried 4-0. Change Order for E. N. Murray Contract for 650 Feet of 16'~ Line Mr. Cheney recommended approval of these two change orders. He referred to there being a savings and addition. Mr. deLong moved to accept the City Manager's recommendation, seconded by Mr. Trauger. No discussion. Motion carried 4-0. Bethesda Memorial Hospital/S.W. 26th Avenue Widening - Southeastern Palm Beach County Hospital District Mr. Cheney referred to a letter being received from the Secretary-Treasurer of the District with a formal resolu- tion and read the letter as follows: "In accordance with the Resolution adopted by the Board of Commissioners of the Southeastern Palm Beach County Hospi- tal District on November 28, 1979, and the subsequent traffic study by the County Engineer's office, enclosed is a second Resolution adopted by the Board concerning the widening of S. W. 26th Avenue. We would appreciate your assistance in seeing that this Resolution, which was adopted on May 14, 1980, gets to the proper authorities for consideration." Mr. Harmening suggested that this project be priced out for consideration at budget time. Report on Amended Lot Mowing Charge Mr. Cheney referred to the procedure to have property owners mow vacant lots and explained when this was not done, we have been doing it at the rate of $12.~Q~*per hour. It is proposed that we do this lot mowing in the evenings or weekends at the overtime rate of $30.00 per hour. We really don't want to do this mowing and don't want to compete with local businesses. Also, we lose a lot of time and money doing it during regular hours and with doing it after hours, schedules can be planned better. *corrected see minute 7/15/80 -24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Mr. Trauger asked if anybody would do it at the rate of $30 per hour and Mr. Cheney replied affirmatively and Mr. Frederick added that the standard amount is $20 to $25 per hour. Mr. deLong moved to approve the City Manager's proposal on the lot mowing charge. Mr. Trauger seconded the motion. No dis- cussion. Motion carried 4-0. Report on Sewer Charges for House Remodeling and Additions Mr. Cheney stated when we passed in 1979, the Capital Facili- ties Charge Ordinance No. 79-18, we addressed the question of new construction throughout the City. We also addressed add- ing a new bedroom to a house. In that ordinance, it included if a person added a room or bedroom to a house, the charge imposed by this ordinance would be payable on the property owner's next utility bill. However, this charge should be paid when the building permit is issued. This was discovered after about ten to twelve people received a bill with the charge and did not know about it. He recommends that we re- pay those ten to twelve people who got caught in the middle of this the way it was worded. It was realized the procedure was wrong and tha~ is why it was amended. Mr. deLong agreed and stated it appears like a double standard. The people had no warning and they should not suffer for an error which we are responsible for. Mr. deLong moved to waive those fees which were not collected and refund those collected. Mr. Trauger seconded the motion. Under discussion, Mr. deLong asked if this would require an amendment to the ordinance and Mr. Cheney replied negatively as it has already been amended. Motion carried 4-0. A-95 Metropolitan Clearinghouse Review - South Central Regional Wastewater Treatment and Disposal Board 201 Facili- ties Plan Addendum Mr. Cheney stated he assumes the Council wants to take a posi- tive position supporting this since we are a part of it and their support can be done by motion. Mr. deLong asked if each Council of each city passed a resolution and Mr. Cheney replied affirmatively. Mr. Trauger moved to ratify the agreement of the A-95 Clearing- house Review and direct the City Manager to convey this.~ ~r. deLong seconded the motion. No discussion. Motion carried 4-0. -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Request for Zoning Approval for Beverage License, Pasquale H. Paolino dba Sage N Sand Restaurant, 1935 S. Federal Highway Mr. deLong moved to grant, seconded by Mr. Trauger. cussion. Motion carried 4-0. No dis- Approval of Bills Mr. Cheney read the following bills for approval: Moore Business Forms, Inc. StOck paper for Data Processing Dept. Pay from General Fund 001-133-513-30-12 1,139.96 Board of County Commissioners ~'se of landfill for the month of May Pay from General Fund 001-341-534-40-9A 10,257.00 e Rich Motors 13,839.96 Two ton 4 wheel drive truck for Water Supply Dept. Pay from Water & Sewer Revenue 401-331-533-60-83 Bid of January 8, 1980 R. J. Sullivan Corp. Estimate ~3 for pump and discharge pipe - Mango Heights Drainage Pay from General Fund 001-411-541-60-5C 9,738.00 0 Aqua Chem Co., Inc. 5,679.40 Lime for Water Treatment Plant Pay from Water & Sewer Rev. Fund 401-322-533-30-65 10. Nalco Chemical Co. 1,178.75 Sodium AllUminate Polymer for Water Treatment Plant Pay from Water & Sewer Rev. Fund 401-322-533-30-65 Isiah Andrews Driver for Senior Citizens Club - 2 weeks Pay from Fed. Rev. Sharing Fund 320-641'564-40-5A Ordinance ~73-15, passed 5/15/73 110.00 Willie Ruth McGra~y 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 96.00 Engineer Service Corporation 28,000.00 i'0 Seiscar Remote Terminal Units for Sewage Pumping Dept. Pay from Water & Sewer Rev. Fund 401-352-535-60-42 Catdwell, Pacetti, Barrow & Salisbury For professional services rendered Civil Service Board Pay from General Fund 001-141-514-40-68 1,189.99 -26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 11. John P. Niebel Concrete slab for basketball court - Pioneer Canal Park Pay from Acct: 001-000-115-89-00 301-000-247-72-00 320-721-572-60-55 Partly re-imbursable from Palm Beach County Bid of 5/13/80 5,500.00 105.18 694.80 6,300.00 12. 13. Russell & Axon 27,707.72 Professional services rendered on various projects Pay from Acct: 401-000-169-01-00 10,024.65 401-000-169-02-00 3,663.77 401-000-169-11-00 2,571.48 401-000-220-61-00 1,448.92 401-000-220-63-00 9,998.90 South Central Regional Wastewater Treatment & Disposal Board Gallons for the last month of June 31,792.50 Mr. Cheney added there has been a delay on delivery of the pump from R. J. Sullivan Corp. and probably the contract will be extended. Mr. Cheney advised there was a meeting at the Regional Plant last Friday. He told about meter experts checking the meters and stated the basis of this bill is the final calibrations as of today. A way has been developed to pro-rate the charges to the two cities. Mr. deLong moved to pay the bills which have been approved and' verified by the department heads, seconded by Mr. Trauger. No discussion. Motion carried 4~0. Request for Disinterment from the Cemetery Mr. Cheney informed the Council this is a request from Annabelle Spath for approval to disinter her father from the cemetery, so her father can be buried elsewhere. Mr. Strnad moved to grant this request, seconded by Mr. Trauger. No discussion. Motion carried 4-0. Consideration of Revocable License for the Use of a City Easement Mr. Cheney advised this refers to a new procedure relative to the use of public easements which we don't want to abandon, but someone else can use. This is for Robert Seither to use the alley to the east of his property. We have verified with the condominium owners that they have no objection to Rober~ Seither using this alley and cleaning it up. The only stipula- tion included is that he be allowed to build a fence to the rear of the property for security reasons and also be allowed to put in an irrigation system. -27- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 1, 1980 Mr. deLong asked if this would be written and Mr. Cheney re- plied affirmatively and added that Mr. Seither has to provide insurance, etc. - Mr. Strnad moved to accept this recommendation, seconded by Mr. Trauger. No discussion. Motion carried 4-0. Sara Sims - Community. Development Project Funding Mr. Cheney requested the Council to award the bid as identified. All bids have been done in accordance with the Community Develop- ment program and the use of federal funds. ~ Mr. deLong moved to award as recommended, seconded by Mr. Trauger. Under discussion, Mr. Trauger asked if when this is finished, will there be a grand opening and Mr. Frederick replied that he will be happy to arrange one Motion carried 4-0. - ~ ' ADJOURNMENT Before adjourning, Mr. deLong complimented Mrs. Boroni for the splendid job she did in substituting for the City Clerk. He then moved to adjourn, seconded by Mr. Trauger. Motion carried 4-0 and the meeting was property adjourned at 10:10 p. M. CITY OF BOYNTON BEACH, FLORIDA ATTEST.: ~ ~ity Clerk Recording S ~cretar'y (Three Tapes ) BY Mayor Counci~an -28-