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Minutes 01-07-80MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JANUARY 7, 1980 AT 7:30 P. M. PRESENT Edward F. Harmening, Mayor Peter L. Cheney, City Manager Betty Riscoe, Vice Mayor Tereesa Padgett, City Clerk David Roberts, Councilman James W. Vance, City Attorney Norman F. Strnad, Councilman Walter "Marty" Trauger, Councilman Mayor Harmening welcomed everyone and called the meeting to order at 7:30 P. M. He announced the Invocation tonight will be given by Reverend Nathan Adams, St. Joseph Episcopal Church, followed by the presentation of colors by the U. S. Marine Corps Reserve Training Center of West Palm Beach and Pledge of Allegiance to the Flag led by Councilman Roberts. He requested everyone to please stand. AGENDA APPROVAL Mr. Cheney requested Bid Item IV-B to be deleted for one meeting. Mr. Trauger moved the adoption of the agenda as corrected, seconded by Mrs. Riscoe. Motion carried 5-0. ANNOUNCEMENTS Mayor Harmening announced the next City Council meeting will be held on Tuesday, January 15, 1980. Mayor Harmening announced that filing for tax saving exemptions can be done from 9:00 A.M. to 4:00 P.M. on January 28 thru 30 at the Leisureville-Boynton R-3 Clubhouse, 2002 S. W. 13th Avenue, and on February 19, 1980, at City Hall. MINUTES Regular City Council Meeting - December 18, 1959 Mr. Roberts moved the adoption of the minutes of the City Council meeting of December 18 as recorded, seconded by Mr. Trauger. No discussion. Motion carried 4-0 with Mrs. Riscoe abstaining. PUBLIC AUDIENCE Mayor Harmening requested anyone in the audience wishing to address the Council on anythin? not on the agenda to please come forward at this time. He added if there is anything on the agenda someone wishes to address to please give their name to the City Clerk and when that item becomes the regular order of business, they will be called upon. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 Mrs. Zibelli, 440 Ocean Parkway, representing the North Boynton Community Improvement Association, referred to starting a new year and stated she believes the NBCIA and the City realize cooperation on both parts is advantageous to the City. She then congratulated Mayor Riscoe and wished her a productive year for the City and added with her guidance, she is sure this will be accomplished. She then thanked Mr. Cessna for his immediate response to a sewage problem in the rear along Ocean Parkway. She then told about representatives of the NBCIA meeting with Ms. Dorothy Moore and commended her for the work she is doing correcting the violations in the City especially in their area. Mrs. Zibelli then asked what procedure could be followed to strengthen the leash law and told about a situation with an animal attacking a policeman and child. Mrs. Riscoe told about looking into this with the City Manager. BIDS Two (2) 1/2 Ton Pick-up Trucks (Parks Department) Mr. Cheney referred to approving this purchase in the budget and advised that $10,400 was budgeted. The total cost on the state bid is $9,404 and it is recommended awarding to the state bid which is several hundred dollars lower than the other bids. The state bid comes from Heintzelman Ford. Mr. Trauger ques- tioned the location of this dealer and Mr. Sullivan replied that it is located in Orlando. Mr. Roberts asked if service could be taken care of locally and Mr. Cheney replied affirma- tiVely. Mr. Trauger moved that the City accept the bid for two 1/2 ton pick-up trucks from Heintzelman Ford in Orlando at the bid price on the state bid sheet. Mr. Strnad seconded the motion. Under discussion, Mr. Strnad stated he is 100% against the rust proofing at the cost of $1t0 per unit. He told about seeing many cars rust after rust proofing and not being satis- factorily corrected. Mr. Sullivan explained this rust proofing was per federal specifications with a five year guarantee. Mr. Strnad asked if we would have to take a truck back to Orlando if there was a problem and Mr. Sullivan informed him that he believes that Tuff-Kote does it for the state. Mr. Strnad questioned the estimated life of the vehicle and Mr. Sullivan replied that hopefully it is five years and we should get at least four years. Mr. Strnad explained that he was still opposed to it. Mr. Cheney referred to not being familiar with the salt damage in this area and explained that he feels we should take the precaution of having the vehicles rust proofed and check the vehicles to make sure it is a valid pro- cedure. Motion carried 4-1 with Mr. Strnad dissenting. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 PUBLIC HEARING - 8:00 P. M. NONE SITE DEVELOPMENT PLANS Hunter's Run Golf & Racquet Club (Tabled) Submitted by Paul Hykel, Agent, Tract Bi of Summit Plat Construction of 140 Multi-family units, 16.7 Acres Mr. Roberts moved to take this from the table, seconded by Mrs. Riscoe. Motion carried 5-0. Mayor Harmening referred to this being tabled at the last meet- ing because there was some feeling with the deletion of 35 park- ing spaces, the parking was inadequate. He asked if this had been resolved by the staff of Hunter's Run and the City staff and Mr. Annunziato informed him there is no change in the sub- mission, but the developer is here to present his case. Mr. Paul Hykel, Project Manager of Hunter's Run, stated he would like to review with.the City Council the history of what has taken place. He added that Mr. Zuck, the Traffic Consul- tant, and Mr. Bradshaw, the Land Planner, are also present to comment. With respect to 1.75 parking spaces per dwelling unit, he personally attended a meeting on February 20 before this same City Council at which time the City Council approved a resolu- tion or ordinance when the master plan was amended to provide 1.75 parking spaces per dwelling unit with .25 per dwelling unit being reserved for future parking. Per that provision, a site plan was submitted for the first plat. That site plan is under construction and provides 1.75 parking spaces per dwelling unit and .25 for future development. As a result of that approval by the City Council, Hunter's Run prepar~ed a prospectus for purchasers. He read the statement in this brochure that the developer is required to furnish 1.75 parking spaces per dwel- ling unit and reserve .25. If, after completion, the City sees the need for the additional spaces, it will be the responsibility of Hunter's Run to construct these additional spaces. They have disclosed to the buyers there will be 1.75 spaces per dwelling unit. This is in a multi-family section. Two car garages with driveways are provided in the single home area. Mr. Hykel then referred to the similarity of Boca Lago and explained how their experience had been that 1.75 parking spaces were sufficient. He requested Mr. Jim Zuck to comment on a parking use survey recently conducted at Boca Lago. Mr. Zuck advised that a Pod was surveyed where 1.5 and 1.75 spaces were provided in a multi-family area and this survey was made in the evening of December 27. In the apartment areas, usage was found ranging from 50% to 80% between 8:00 and 9:00 P.M. and the usage in the single family areas was approximately 90%. -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 Mr. Zuck advised that within the last month, a new parking manual was printed by the Urban Land Institute and National Parking Association recommending general standards. He read from the residential development portion suggesting 1.5 park- ing spaces per apartment unit and under some conditions increas- ing to 1.75 in order to include residents and visitors. These are general recommended standards based on statistics from a large number of surveys. Mr. Taft Bradshaw, Planner and Landscape Architect, stated when the master plan was approved, 1.75 parking spaces per unit was part of the application. This was used as a guide- line. He referred to this development having a private road system and explained that publicly dedicated streets would not be congested. In reference to aesthetics, the paving of 35 additional spaces would generate approximately 10,500 square feet of additional asphalt paving in this area. This site plan has reserved the space if there is the need. He feels the landscaped green space would be more desirable both envir- onmentally and for overall appearance. He thinks it is in keeping with the spirit of the master plan and what has been approved in the past. He feels this request has a great deal of merit and the future expansion is reserved. Mr. Roberts referred to the requirement being two parking spaces per unit for apartments and Mr. Annunziato agreed this was correct. Mr. Roberts referred to this requirement being waived by the City Council and stated he objected to this the last time because he feels it would open the door for any developer. He thinks the code requirements should be main- tained. It should be recalled that this Council went on record preventing a road to be built through t.his development. We have had problems with the lack of proper parking in the past and he does not think we should deviate for this development. Mr. Hykel stated that on February 20, pursuant to Chapter 31.1.J(4), the City Council did reduce the requirement for the entire master plan of Hunter's Run. This unanimous vote of the City Council provided 1.75 parking spaces for the entire 375 developable acres. He thinks it is a question of need rather than the legality. He then told about the type of buyer purchasing homes in this development resulting in 35% occupancy at most times, most owning one car, primarily adults, etc. In the event there is 100% occupancy with guests, they do have private streets and people could park on the streets, but this has ne~er happened at Boca Lago. What they are requesting is not something which should come back upon the City Council as it is disclosed to the buyers and is printed in the prospectus. -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 Mr. Roberts stated the fact the master plan was passed with a limited amount of parking spaces does not mean he is going to compound it by voting for it at this point. We have had park- ing problems in this City during the past years in various developments which are still continuing. The requirements should be met. Mr. Strnad stated in looking ahead, he thinks in the event if it were found necessary to put in additional parking spaces after this is completed with landscaping, etc., it would be an awful turmoil to uproot the landscaping, etc. Mr. Hykel replied the additional parking will not be needed. Mr. Roberts referred to receiving a pile of documents when purchasing a place and stated if most people are aware they do not get a second parking place, they would not go along with it. Mr. Hykel replied that he would.be happy to underscore it. Mayor Harmening added that he agrees with Mr. Strnad that it would be inconvenient to come back later and put in an additional ~ parking space per unit if found necessary. Mr. Cheney added that he would suspect if they are not put in now, we will never get them as it is the responsi- bility of the condominium association in the future. Mr. Hykel clarified that the City could require them if the citizens request them. Mr. Cheney added that even though these are pri- vate streets, there still must be access for emergency services. Mayor Harmening stated there have been many complaints in the past with the lack of parking in developments. Mr. Hykel stated that he would like to present a site plan pro- viding two spaces per unit in lieu of having to go back to the Planning & Zoning Board and Community Appearance Board. This plan shows the 35 additional parking spaces. Mr. Vance asked if this site plan is identical to the site plan approved by the Planning & Zoning Board except with the additional parking spaces and Mr. Annunziato replied affirmatively. Mr. Vance clarified that Mr. Hykel is submitting a substitute site plan showing two parking spaces per unit and he agrees to all the staff recommendations and Mr. Hykel agreed. Mrs. Riscoe moved to approve the site development plan for Hunter's Run Golf & Racquet Club, Tract B1 of Summit Plat ~1, with two parking spaces per unit and subject to staff recom- mendations. Mr. Roberts seconded the motion. No discussion. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 79-36 - Re: Rezone Motorola Property to P.I.D. and to Grant D.R.I. Development Order Since a D.R.I. order is involved, Mr. Vance read proposed Ordinance No. 79-36 in its entirety on second reading. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 Mayor Harmening asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He asked if anyone in the audience wished to speak in opposition to this proposed ordinance and received no response. Mr. Roberts moved the adoption of Ordinance No. 79-36 on second and final reading, seconded by Mrs. Riscoe. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Roberts - Aye Councilman Trauger - Aye Mayor Harmening - Aye Motion carried 5-0. Ordinances - 1st Reading NONE Resolutions NONE Other Civil Service Board Employee Representative Mr. Cheney stated as a result of the Public Audience at'the last meeting, two legal questions were raised. One had to do whether John Johnston would be eligible to serve on the Civil Service Board since he was a former City employee and the other was whether a potential employee representative is a citizen of Boynton Beach. The City Attorney is prepared to answer these questions. Mr. Vance read his memo to Mr. Sullivan advising that in his opinion Mr. John Johnston is not an employee or officer of the City within the meaning of the section of the Charter referred to and therefore is qualified to serve as a member of the Civil Service Board of Appeals. In reference to Mr. Bob Beane, it requires a member to be a qualified elector of the City and he assumes a sworn statement from the prospective nominee would fulfill the requirements. He then reviewed Section 72.4 pro- viding the terms of office. OLD BUSINESS -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 Location of Ten (10) Bus Benches (Tabled) Mr. Roberts moved to take this from the table, seconded by Mrs. Riscoe. Motion carried 5-0. Mr. Trauger referred to Mrs. Riscoe proposing the bus stop benches and asked if the list submitted was in accordance with her desires and Mrs. Riscoe replied affirmatively and stated she would like to give this list a go and if there is a need elsewhere, a bench can be moved. Mr. Trauger referred to benches 2, 3 and 4 being located on the northbound and asked about locations on the southbound side and Mrs. Riscoe replied that benches could not be p~aced on the other side because of people's property. Mr. Strnad stated he would like to see a bench on the main thoroughfare at S. E. 23rd ~venue and U. S. 1 to accommodate people living in Colonial Club, Hampshire Gardens and Los Mangos. Mr. Trauger inform~ bought initially and if fun¢ them according to where the Riscoe suggested moving one in front of the park and Mr that area nearest to the but Mr. Trauger moved to approv~ as amended, seconded by Mrs carried 5-0. Report on Stop Signs at S.W ~d him that only ten benches were is become available, we will expend need is the greatest. Mrs. from the post office location to Cheney agreed it could be put in stop. the proposed bus stop locations Riscoe. No discussion. Motion 4th Avenue & S.W. 3rd Street Mr. Cheney referred to this being brought up under Public Audience at the last meeting and stated he continued the review of t.his stop sign. The stop sign was not installed without review by the Police Department ahead of time. There was concern about the numbeu of kids in that area walking to school. He checked and thele was no and the sign was properly placed in a public easement. He has received no complaints in ti are concerned, the three si( to be working. ADMINISTRATIVE Report on Metropolitan Plann damage to private property past two weeks. As far as we ns are properly placed and seem ing Organization (MPO)Meeting Mayor Harmening reported that an organizational meeting was held last Friday. A letter from the governor appointed the Mayor and this was discussed and there was the feeling we could elect or nominate an alternate to the MPO. He thinks -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 it behooves us to appoint someone to be in attend~ at meetings to know what is going on in relation to the roads in our area and the county. There is nothing immediately hanging fire of a major nature, but it will be an ongoing thing and we should be represented. Mr. Roberts added that it also includes public transportation. Mayor Harmening asked if anyone had a nomination for an alter- nate representative and suggested possibly the new Council member would have the time to devote to this job. Mr. Roberts suggested this be discussed under New Business and Mr. Vance agreed that it should be when the new member is present. Report on Municipal Golf Course Status Mr. Cheney referred to the Council expressing agreement to a memo prepared by Councilman Trauger at the last meeting regard- ing the golf course and advised this was forwarded to Commis- sioner Gregory the following morning. On December 20, he attended a workshop meeting of the County Commission and'Mr. deLong and Mr. Kaufman .were also present. There was a lengthy discussion and agreement was reached on a number of issues. In summary the points of agreement are: 1. A 99 year lease. 2. A reverter clause in case the city has not started construction within five years of the date of the lease approval. 3. A membership percentage of 70/30 for the first five years of operation and a membership of 65/35 per cent after the fifth year. 4. The appointment of a five member advisory committee with membership in approximately the same ratio as the City/Non-City membership ratio. 5. No involuntary loss of membership when the percentage ratio changes. 6. Green fee plaY to be allowed and open to all. 7. In each case the membership percentages are minimal and if one portion is not filled the other portion will be increased. Mr. Cheney continued that it is his feeling the Board of CountY Commissioners agreed to these on a 4-1 vote. He indicated it was his hope this would be discussed by the City Council this evening and possibly there would be an agreement to be adopted tonight. However, because of the holidays that schedule was overly optimistic, but he has prepared a draft agreement. -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 Mr. Cheney then referred to meeting this afternoon with repre- sentatives of the staff of the Board of County Commissioners and advised there appeared to be some question as to whether this was the right time to go ahead_with the final agreement. He feels the Board of County Commissioners agreed we would go ahead with the final agreement based on the discussion at the workshop session. He thinks if we are going to go ahead with the golf course, we should get this lease signed and sealed with a five year reverter clause and see what happens and not continue discussions. Mr. Cheney advised there also will be three alternatives pre- sented to the Board of County Commissioners on January 15: 1. Board of County Commissioners agree to the lease and sign it. 2. Have the County not enter into a lease until the City is ready to proceed with construction~or sale of bonds. 3. A lease be entered now with a five year reverter clause and an additional condition that we would proceed with a feasibility study and Counci~ authoriza- tion of bond sale within 2½ years. Mayor Harmening responded that he saw nothing wrong personally with the third alternative. Mr. Trauger agreed that we should start within the 2½ year period and requested Mr. Kaufman's opinion on this. Mr. Kaufman referred to attending the meeting and told about the City Manager fighting for what we got. At this time, he would go along with whatever is stated. He thinks a 2½ year reverter clause is satisfactory to all the members of the committee and hopes it is satisfactory to all the members of the Council. Mr. Trauger made a motion to give the City Manager leeway to include in the agreement, if necessary, the 2½ year reverter clause, which means if the City has not proceeded with the bonds and study that the land will revert to the County. Mrs. Riscoe seconded the motion. No discussion. Motion carried 5-0. Mr. Cheney added that several questions have been asked regard- ing obtaining membership and signing up and advised there is no signing up nor membership cards. He then referred to distribut- ing a memo with suggestions on how to proceed. Mr. Nate Goldberg came before the Council and stated he would be happy to have a municipal golf course in Boynton Beach, but as a citizen he is completely confused about the proposed muni- cipal golf course. He would like to seek answers to assist all the citizens. It has been stated by a member of the golf course -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 committee that money from the golf course would be enough to repay all the principle and interest and this cannot be done. It was also said there would be 1,000 members and he explained there was no way to do this and have them all Play. There was reference to the operating expenses being $100,000 and one-half million dollars is needed to keep a golf course in shape. There was mention the interest would be $60,000 and that is not true because that would be only 4%. He was inter- ested in knowing more about the Golf Course Committee and what they have done, so he asked to read the minutes, but there were none. He asked the City Manager about this and was told minutes were not prepared because it is an ad-hoc committee. For a committee to meet and not have minutes is in violation of Florida State Statutes. He knows there were meetings because he has a copy of the agenda. At this time, Mayor Harmening informed Mr. Goldberg that the next item will answer his questions but if he cares to speak further, he may do so at the end of the meeting. Mr. Cheney then read his memo regarding golf course financing considerations: "As soon as the City makes final arrangements for the golf course land with Palm Beach County, it will be necessary to take the next steps towards the ultimate objective of developing the Municipal Golf Course. In developing this report, I have assumed that there are two major guidelines: 1. Be sure all action taken will insure that the exist- ing bond rating for the City of Boynton Beach is not negatively affected. 2. Take steps to sell revenue bonds that are fully sup- ported by the revenues from the golf course, i.e. bonds with no General Obligation pledge on the part of the City and no City financial support of any kind, other than the revenues produced by the opera- tion of the proposed golf course. It is suggested and recommended that the following setps be considered by the City Council: 1. Select a golf financial and management consultant who has experience in golf course development and financial analysis of golf course operations, whose reputation has achieved acceptability among institu- tional investors for municipal projects, and who is further recognized for expertise on the finances relating to municipal golf courses. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 e It is suggested that the financial and management firm be assigned, as one of its tasks, the develop- ment of a matrix of alternatives that compare the number of members, the number of daily 'green fee' players, the price of memberships and the costs of daily 'green fees' in order to prepare an inter- related range of each of these items which would support the finances of the golf course. With this matrix, the City Council can select the precise mix of memberships vs. daily play that appears to meet the Council's objectives for citizen involvement in the play at the golf course. Contract for this golf management consultant to pre- pare a management and financial study for the golf course that will be acceptable to purchase of munici- pal golf revenue bonds. Formulate an agreement with the City's Bond Con§ul- tant, William R. Hough, for working with the City and the golf financial and management consultant in order to be sure the necessary matters are taken into consideration that will attempt to assure favorable response from institutional investors and potential revenue bond purchase. Select an engineering and architectural firm to carry out the golf course design responsibilities. The selection of this consultant will have to follow the State and City requirements for consultant review and selectiOn. The firm to be chosen for this activity may well be the firm or an associate of the firm involved in the financial and management analysis. It is suggested that the development schedule for the next several activities may be as follows: A. By January 31, 1980, select and have under contract the golf management consultants re- ferred in No. 1 above. It is estimated that this consultant's work would take four to six weeks, or could be completed by mid-March so that Council review of this report could be completed by the end of March. B. By the first of April, if finances look favorable, be prepared to pass a bond resolution and to have selected an engineering and architectural consul- tant for the specific design of the golf course; and the preparation of contract documents and bid -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 material. The work contemplated here may have begun at an earlier time, during the work of the financial consultant. Such work will depend upon the amount of money the City Council is willing to 'front end' prior to having before it the conclusions of the golf financial and manage- ment conSultant. It is assumed that it may be possible to actually sell bonds Within 60 to 90 days after a bond resolution is passed, or by the end of June. It is assumed that design of the golf course will begin around the first of April if the Council is willing to appropriate or 'front end' the design money and bids for the project could be awarded in or about July, with construction to begin in August. Assuming the financial and management consultant's report is favorable, it is recommended that the Council choose not to schedule the sale of the bond issue until after the bids for construction are received so that the sale of the bonds can be timed with the award of the construction contract, with neither part of the project proceeding with- out proper relationship to the other." Mayor Harmening commented that this seems like a logical and orderly sequence of events and he sub, ribes to it fully. Approval of Bills Mr. Cheney read the following bills for approval: Lamar Uniforms Uniforms for Fire Dept. Pay from budgeted funds 001-221-522-30-97 5,609.11 Mock, Roos & Searcy Professional services re: Boynton Bch. vs. Ocean Ridge Pay from budgeted funds 001-141-514-40-68 1,399.31 Ernst & Whinney Interim work performed on audit Pay from budgeted funds 001-131-513-40-66 2,321.80 e Shannon Chemical Corp. Shan-No-Corr Zinc Polyphosphate for Water Plant Pay from budgeted funds 401-332-533-30-65 Bid CounCil approved 11/21/79 13,938.00 -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANURY 7, 1980 Se Town & Country Awning & Enclosures Storm Shutters for various City buildings Pay from Encumbered Funds 1978-79 Budget Year 7,172.43 Allen Insurance Agency 6,595.00 Final audit on General Liability Pay from budgeted funds 001-193-519-40-41 $4022~95 401-395-539-40-41 2572.05 e I .B.M. Rental on System/34 & System/3 for Dec. 1979 Pay from budgeted funds 001-133-513-40-21 6,793.87 Dale's Paint & Body Shop 1,441.98 Repair to patrol car due to accident Covered by individual's insurance Pay from Insurance Reserve Acct. 001-000-247-41-00 e Nalco Chemical Co. Chemicals for Water Plant PaY from budgeted funds 401-332-533-30-65 1,867.40 10. City of Boca Raton 45,232.50 Quarterly billing for Cooperative Dispatch Center Pay from budgeted funds 001-211-521-40-79 11. Intercounty Construction Co. Est. #14 Lift stations 317, 356, 359 Pay from Utility General Fund 401-000-169-11-00 75% re-imbursable from EPA Grant Contract dated 10/26/78 131,439.91 12. Barile Excavating & Pipeline Co. Est. $42 Final 25,974.35 Mirror Lakes Off-site Utilities Pay from Utility General Fund 401-000-169-01-00 Mirror Lakes posted cash bond for their portion. Contract dated 2/26/79 13. Aquachem Co., Inc. Lime for Water Treatment Plant Pay from budgeted funds 401-332-533-30-65 5,246.85 14. Griffin Equipment, Inc. Vibrator compactor for Streets Dept. Pay from budgeted funds 001-411-541-60-42 Bid Council approved 12/18/79 1,175.00 -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 15. Russell & Axon Professional services for various projects To be paid from following accounts: 401-000-169-01-00 1,790.00 401-000-169-02-00 2,769.47 401-000-169-11-00 21,624.22 401-000-220-62-00 3,201.99 Portions of this 75% re-imbursable from EPA Agreement dated 6/10/68 29,385.68 16. Isiah Andrews Driver for Senior Citizens Club - 3 weeks Pay from budgeted funds 320-641-564-40-5A Ordinance 73-15, passed 5/15/73 132.00 17. Willie Ruth McGrady Server for Senior Citizens Club - 3 weeks Pay from budgeted funds 320-641-564-40-5A Ordinance 73-15, passed 5/15/73 115.20 18. Paul N. Howard Co. 20,701.23 Emergency Repair of 10" Trunk Sewer Line South of 26th Avenue Pay from Water & Sewer Revenue Fund 401-351-535-40-3F City Manager approved 12/5/79 Mr. Cheney added the Russell & Axon accounts have been combined into one item indicating how they are paid. He recommends these bills be authorized for payment. Mrs. Riscoe moved to pay our bills, seconded by Mr. Trauger. No discussion. Motion carried 5-0. PRESENTATIONS/ACKNOWLEDGEMENT AND APPRECIATION OF SERVICE TO MAYOR~ICE MAYOR AND COUNCIL MEMBERS Farewell Remarks Mr. Roberts referred to m~king a farewell speech four years ago and explained that as Council member, Mayor and represen- tative on several County boards, his service has been most rewarding in memories He referred to taking an active part smnce takmng offmce mn 1972 and stated he has been fortunate with enjoying gOod relationships with most employees, fellow Council members and the press. He extends best wishes to the new Council for a successful administration. Mayor Harmening replied that it has been his pleasure for a great many years to sit here with Mr. Roberts. He feels Mr. Roberts has done a remarkably good job looking after the City's business and -14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 has done his homework and become very knowledgeable in munici- pal government. Also, Mr. Roberts has consistently looked out for the taxpayer. On behalf of the City Council, he then pre- sented a plaque to Mr. Roberts in appreciation for his long and dedicated service. He also presented plaques to Councilmen Norman Strnad and Marty Trauger and Vice Mayor Riscoe. Mr. Roberts then presented a plaque to Mayor Harmening. Mayor Harmening declared a short recess at 9:10 P. M. Vice Mayor Riscoe reconvened the meeting at 9:20 P. M. ADMINISTRATION OF OATHS OF OFFICE TO: Councilman Joe deLong Vice Mayor Edward Harmening Mayor Betty Riscoe Mrs. Padgett administered the oaths of office to Mr. deLong and Mr. Harmening. She then administered the oaths of Vice Mayor to Mr. Harmening and Mayor to Mrs. Riscoe. NEW BUSINESS Remarks by Mayor Betty Riscoe Mayor Riscoe referred to two major things happening during the past year and stated one was Motorola coming into the City which will be a great tax base and job market. However, the biggest thing was to bring aboard a professional City Manager. She feels Mr. Cheney is doing an outstanding job and we will go ahead with his guidance and administrative ability. Mayor Riscoe then referred to projections for 1980 and stated the biggest thing is the growth. With growth, we must provide the services. She explained how this was a main consideration, but with guidance and good government, we will proceed and make this a better town. Mayor Riscoe then acknowledged the presence in the audience of her youngest son, Michael, and two dear friends, Alma Freeman and Annette Tinker. She told about her eldest son, Don, having to leave to return to duty in North Carolina and her daughter being unable to attend because she is in Kansas and just made her a grandmother on December 19.. Remarks· 'by.. . %~i~e..-~- ~ Mayor Edward Harmening Mr. Harmening referred to it being a pleasure to be on the Council again and thanked all the people in the City who saw fit to elect him. He will try to do his best in the next two years. In reference to Motorola, he thinks we owe gratitude -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNHON BEACH, FLORIDA JANUARY 7, 1980 to the Chamber of Commerce and especially to Anne Tindell, who has worked many hours helping secure this and to the people on the City staff. He then introduced his wife and stated he will try to do the best he can for all in the coming year. Remarks by Councilman Norman Strnad First, Mr. Strnad wished everyone a very happy and prosperous New Year. He then congratulated Mr. Harmening and Mr. deLong on the recent election and stated he thinks we have a pretty good working Council here now. In spite of the fact there was so much turmoil at the beginning of this year, he thinks we have done a tremendous job getting this City in forward motion. He then referred to the rapid growth of the City and explained how he was concerned about our utilities. He stressed the import- ance of taking a good look to be sure we can accommodate people moving into our City during the next five years. He will try to do his best for the people of this City as he has always done and will certainly not support any individual or special interest groups. Remarks by Councilman Walter Trauger Mr. Trauger referred to it being a pleasure to serve with such a distinguished group and stated he feels the City has made progress. We have come a long way in the past year and the growth will be the greatest problem. This is where our City boards and input from the citizens are invaluable to us in guidance. He hopes the boards this year can recommend concrete plans to control this growth and plan for it. He then referred to the City Manager taking steps with MICA to survey the City functions and explained how all departments should be planning. He referred to being fortunate to have the leadership of former Mayor Harmening and then pledged his support to Mayor Riscoe to keep this City going and stated he will do his utmost to pull the City forward for a greater Boynton Beach. Remarks by Councilman Joe deLong Mr. deLong first introduced his wife, Grace, and then referred to there being much conjecture about what his role will be that he feels obligated to state for the public record the course he intends to follow. He then outlined that he will continue guidelines to support progressive programs, support fiscal policies, strive to fulfill reasonable requests of our res±d~n~s, respect the right of the people to be heard and servedf abide by our City's adopted creed that local government is the keystone of democracy, be available to the public dailyf etc. -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 Mr. deLong stated that some people think he uses a heavy hand, but they are wrong and he explained how there was a difference between a heavy hand and perseverance. He then explained how there are many problems to overcome in a growing city. He stressed that our City needs sound justifiable Council action. The people of our City can rest assured that as long as he serves them, their interest will be the No. 1 priority. He hereby submits for City Council consideration the following 14 items for City improvements with a recommendation of imple- mentation thereof: 1. Plan to provide branch general services in new heavily populated areas. 2. Conduct a City-wide drainage program. 3. Establish the City's western boundary line. 4. Create a five year capital improvement plan and re- establish the capital improvement fund. 5. Provide the required standard amount of personnel for both the Police and Fire Departments. 6. Modernize the present antiquated civil service system. 7. Increase supervision of City outdoor working activities and strict enforcement of the lot clearing ordinance. 8. In order to avoid potential accidents, petition the State Department of Transportation for a control of traffic at the point where you enter the traffic lanes on 1-95. 9. By referendum, permit the voters their right to choose or not to choose the following: A) A new system for electing the Mayor. B) Elimination of City primary elections. C) Changing the date of the City's general election. D) Creation of election districts. 10. Pu~ue the acquisition of the municipal golf course and all other appropriate recreational facilities. 11. Vigorously attempt to relieve the parking situation at the public beach. 12.~ Enact the necessary ordinance that will authorize the Community Appearance Board to achieve the beautifica- tion results that were originally intended. 13. Provide direct bus service to accommodate the residents in the heavily populated developments along U. S. 1 who are without transportation. 14. Conduct a comprehensive study of the sewer rates in the residential areas in order to ascertain if inequities exist. -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 Adopt Rules of Order and Designate Parliamentarian Mr. Harmening moved to adopt Roberts Rules of Order and desig- nate the City Attorney as the parliamentarian. Mr. Trauger seconded the motion. No discussion. Motion carried 5-0. Appointment of City Manager and City Attorney Mr. Harmening stated that it has been left off the agenda, but normally at this time in the past, the City Manager and City Attorney have been re-appointed. Mr. Trauger moved to add this to the agenda, seconded by Mr. Harmening. Mr. Cheney stated that he doesn't know what the charter requires or what the history has been, but he doesn't believe the charter indicates that the City Manager is appointed for a fixed term. He serves at the pleasure of the City Council. Re-appointment should not be necessary as it suggests support when it is unnec- essary. It seems to him that it is best he serve this Council without re'appointment or anything until the Council decides that he should not serve this Council. He requested comments from the City Attorney. Mr. Vance stated that under the charter, there is no technical requirements that the City Manager or City Attorney be re- appointed and technically it is not a necessary procedure. Mr. Harmening stated that this has been a customary procedure and Mayor Riscoe added that if both gentlemen would feel more comfortable without it, the motion can be withdrawn. Mr. Vance replied affirmatively. Mr. Trauger withdrew his motion and Mr. Harmening withdrew his second. Appointments to City Boards and Committees Building Board of Adjustment & Appeals Mr. Trauger nominated Mr. Oris Walker, Mr. Ken Hutchison, and Mr. Ward Cummings; also Mr. Cameron Thurber as an alternate. Mr. Harmening nominated Mr. Robert Olenik and Mr. Art Williams. Mr. Strnad nominated Mr. Alvin Boeltz, Jr. Mr. Trauger moved that nominations be closed, seconded by Mr. Harmening. Mayor Riscoe clarified that six men have been nominated as regular members and one as an alternate and suggested that one nomination be changed to an alternate to make the Board complete. Mr. Strnad asked if the nominees submitted by Mr. Trauger were classified as required by this Board and Mr. Trauger replied affirmatively and explained. He then sug- gested moving Mr. Ken Hutchison to the alternate position. -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 Mayor Riscoe clarified the nominations for the Building Board of Adjustment & Appeals are: Alvin Boeltzf Jr. Oris Walker Robert Olenik Ward Cummings Art Williams Alternates - Ken Hutchison Cameron Thurber A unanimous vote by the Council was cast in favor of these appointments. Planning & Zoning Board Mr. Trauger nominated Mr. Fred DiSalle, Mr. Simon Ryder, Mrs. Lynn Huckle and Mr. Garry Winter. Mr. Harmening nominated Mrs. Lillian Bond, Mr. Arnold Thompson and Mr. Wayne Drew. Mr. Strnad nominated Mr. Gene Johnson. Mayor Riscoe referred to a total of eight nominations being submitted and requested a vote on each name. The vote was taken as follows: Mr. Fred DiSalle - 5-0 in favor Mr. Simon Ryder - 5-0 in favor Mr. Arnold Thompson - 5-0 in favor Mrs. Lillian Bond - 5-0 in favor Mrs. Lynn Huckle - 5-0 in favor Mr. Garry Winter - 5-0 in favor Mr. Wayne Drew- 4-1 with Mr. Strnad dissenting Mr. Gene Johnson - 0-5 against At this time, Mr. deLong referred to not participating in the nominations and explained that it is his policy never to make appointments at the beginning of the year, but when there are vacancies during the year, he will submit names of people qualified to serve. Board of Adjustment Mr. Trauger nominated Mr. Bob Gordon, Mr. Ben Ridolfi and Mr. Paul Slavin. Mr. Harmening nominated Mr. Vernon Thompson, Jr., Mr. Carl Zimmerman, Mr. Ted Blum, Mrs. Marilyn Czufin; and as an alternate, Mrs. Lillian Artis. Mr. Strnad nominated Mr. George Ampol for the remaining alternate position open. Mr. deLong replied that he was not in favor of Mr. George Ampol as an alternate. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 Mayor Riscoe called for a vote of the seven names nominated for regular members and the vote was 5-0 in favor. She then called for a vote for those in favor of appointing Mrs. Lillian Artis as an alternate and the vote was 4-1 with Mr. Strnad dissenting. She called for a vote in favor of appoint- ing Mr. George Ampol as an alternate and the vote was 4 against with Mr. Strnad voting in favor. Mayor Riscoe clarified that one alternate position would remain open on the Board of Adjust- ment. Library Board Mr. Harmening nominated Ms. Christine Edward, Ms. Sandra Lautenschlager, Ms. Martha Muschella, Ms. Mildred White, Mrs. Curtis Weaver, Ms. Rubie Mack, and Mr. Emanuel Lubin. Mayor Riscoe ascertained there were no further nominations and the vote was 5-0 in favor of these seven appointments. Community Appearance Board Mr. Harmening referred to all the present members remaining on the Board according to the ordinance and Mr. Strnad replied that he would like to add one name, Mr. Chauncey BUck. Mayor Riscoe called for a vote and the vote was 5-0 in favor of appointing Mr. Chauncey Buck as an additional member on the Community Appearance Board. Recreation & Parks Board Mr. Trauger nominated Mr. Lee Grimes, Mr. Ronald Hall, Mr. Edward Harris, Mr. Don Fenton, Ms. Kathy Haughn and Ms. Betty Thomas. Mr. Strnad nominated Mrs. Barbara Junnier. Mayor Riscoe called for a vote on these nominations and the vote was 5-0 in favor. Community Relations Board Mr. Trauger nominated Mr. Joseph Albury, Mrs. Blanche Girtman, Mr. Hubert Henke and Ms. Lois Rush. Mr. Harmening nominated Mr. Hyman Simons, Mr. Philip Berkowitz and Mr. Doug Sussman. Mayor Riscoe referred to these nominations constituting seven members and Mr. Trauger replied that he would like to see this Board start initially with seven members and more can be added if necessary at a later date. Mayor Riscoe ascertained there were no further nominations and the vote was 5-0 in favor of the seven names nominated. -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA' JANUARY 7, 1980 Board ofTrustees -'~Emplo'yees 'Pension Pl~an Mr. Harmening nominated the two present members, Mrs. Elizabeth Todd and Mrs. Dianne M. Hardin. Mayor Riscoe ascertained there were no further nominations and the vote was 5-0 in favor of these two appointments. Board of'Governor's- 'cemetery B'oard Mr. Harmening nominated Mr. Edgar D. Hurford, Mrs. Bertha Chadwell, Mr. Don Sloan, Mr. Basil Camilot, Mr. Don Combs, and Mrs. Mary Barton. Mr. Strnad nominated Mr. Stormet Norem. Mayor Riscoe clarified that two additional names had been added to the present Board and requested a vote on these two names. The vote was 4-1 in favor of Mr. Don Sloan with Mr. Strnad dissenting. The vote was 4-1 against appointing Mr. Stormet No,em with Mr. Strnad voting in favor. Civil Service Appeals Board Mr. Trauger nominated Mr. Albert Furia and Mr. Stanley Weaver. Mr. Harmening nominated as alternates Mr. Kelley Kirton and Mrs. Dorothy Detwiler. Mayor Riscoe ascertained there were no further nominations and the vote was 5-0 in favor of these appointments. Appointment of Alternate Member to M.P.O. Mr. Harmening nominated Mr. Joe deLong, if he would be willing to serve. Mr. deLong replied that he would be willing to serve taking into consideration most of the Council members are tied up. Mr. Trauger seconded the motion. No discussion. Motion carried 4-0 with Mr. deLong abstaining. LEGAL Proposed Resolution No. 80-A - Re: Designating Authorized Individuals to Prepare, Sign and Countersign Checks~ Vouchers and Withdrawal Slips Drawn on City Depositories for 1980 Mr. Vance read proposed Resolution No. 80-A by title. Mr. Harmening moved the adoption of proposed Resolution No. 80-A, seconded by Mr. Trauger. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Mayor Riscoe - Yes Councilman Harmening - Aye Councilman deLong - Yes Councilman Strnad - Aye Councilman Trauger - Aye Motion carried 5-0. -21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 ADMINISTRATIVE Water & Sewer Connection for Gulfstream Professional Center Mr. Cheney informed the Council that the City has received a request from the Gulfstream Professional Center to tie into water and sewer lines at the intersection of Gulfstream Boule- vard and U. S. #1 as outlined in the letter submitted. Mr. Cessna recommends that ~pproval be granted subject to final execution of the standard agreement~ with the City for connec- tions to the City utility system and he concurs with hisT.recom- mendation that the City Council approve this connection. The map submitted shows the utility easement currently going through what will be the middle of this proposed building. We are recommending the easement be relocated as shown in the sketch. This particular lot is within the City of Boynton Beach's service area. Mr. Harmening asked if ~hese people have expressed interest in coming into the City an~ Mr. Cessna informed him that their comment was not at this time. Mr. Strnad stated he thinks we should reserve our water supplies for residents and businesses within our City. Mr. Harmening moved to table this, seconded by Mr. Trauger. Motion carried 5-0. Applications for Permits to Solicit Arthritis Foundation - Jan. 15 thru Feb. 15, 1980 Mr. Cheney read the application submitted. Mayor Riscoe com- mented that it appears the permit is in order. Mr. deLong moved that this application be approved, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Mr. Strnad referred to the application noting the paid pro- moters are none, but the estimated cos~ of fund raising is $800 and Mr. deLong replied that is what they feel they will collect. Mr. Strnad pointed out that their goal is noted as $4,500 and Mr. deLong replied this is the County-wide goal Mr. Cheney then clarified that there are n° paid promoters, but the solicitation has some cost probably with buying mater- ial from the national association. According to the applica- tion, their goal is $4,500 in the City and they raised $2,797 last year and 70% stayed in Palm Beach County last year. -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JANUARY 7, 1980 Palm ~Gl~ades Girl Sc'o~ut Coun'cil- Jan. 31 thru Feb. 11, 1980 Mr. Harmening moved approval of this application, seconded by Mr. Trauger. No discussion. Motion carried 5-0. AD'JOURNMENT Mr. Harmening moved to adjourn, seconded by Mr. Trauger. Motion carried 5-0 and the meeting was properly adjourned at 10:15 P. M. CITY OF BOYNTON BEACH, FLORIDA BY Mayor ATTEST: City Clerk Recording Secretary (Three Tapes) -23-