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Minutes 09-08-82MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 8, 1982 PRESENT Walter "Marty" Trauger, Mayor James R. Warnke, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember ABSENT Samuel Lamar Wright, Councilman Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James Vance, City Attorney Mayor Trauger welcomed everyone and called the meeting to order at 7:30 P. M. He announced that the invocation was to be given by Rev. James Smith, First United Methodist Church. Because Rev. Smith had to attend a funeral, Mayor Trauger gave the invocation. Vice Mayor James R. Warnke led the Pledge of Allegiance to the Flag. AI~NQUNCEMENTS Mayor Trauger announced that Councilman Samuel Lamar Wright was not present this evening as he is representing the Community Action Council in Tampa on the completion of a funding application. Mayor Trauger said Councilman Wright had to stay overnight so he could not return for the Council Meeting. AGENDA Mayor Trauger added "B. Request of the Boynton Beach Housing Authority" under "XI. ADMINISTRATIVE." Mayor Trauger informed the Council that a Member of that Board was dropping off that Board and they would be appointing a new Member. City Manager Cheney added "C. Approval of Thre~ddit±~na~LBilis for Payment."~ Unde~L."XI2 ADMINISTRATIVE.", "D. A report on Fire - Union Contract Negotiations", and "E. Approval of a Disinterment from the Cemetery." Councilman deLong thought the item of the drop on Causeway Square should also be added. Mayor Trauger felt it should be added under "XI. ADMINISTRATIVE" as "F." Counciln~n"deLong_nD~ed~theLadoption of the Agenda with the additions, seconded by Vice Mayor Warnke. Motion carried 4-0. MINUTES Special City COuncil Meeting Minutes of Auqust 5, 1982 Councilman deLong moved the adoption of the Special City Council MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Meeting Minutes of August 5, 1982, seconded by Councilmember Woolley. Motion carried'4-0. Regular City Council Meeting Minutes of August 17, 1982 Councilman deLong moved the adoption of the Minutes, seconded by Councilmember Woolley. Motion carried 4-0. Special City Council Meeting Minutes of August 19, 1982 Vice.Mayor Warnke moved the adoption of the Minutes, seconded by Councilmember Woolley. Motion carried 4-0. PUBLIC AUDIENCE Mayor Trauger announced that if anyone in the audience wished to speak on any item that is on the Agenda, they should please come forward and give their names to Tereesa Padgett, City Clerk, and they would be called upon when that item comes up on the Agenda. For any item that is not on the Agenda, Mayor Trauger said they could come .forward, give their names to the City Clerk, and then speak into the microphone before the Council. Harry Kindbeiter, 35 Colonial Club Drive, Boynton Beach, Florida, said-he was from the Colonial Club, 2870 South Federal Highway. Several months ago, Mr. Kindbeiter contacted the Board of Sanitation, asking them to paint Colonial Club's dumpsters. He did not get to first base, so he contacted Councilman Joe deLong. Council- man deLong, in turn, sent 'a letter to City Manager Cheney. Mr. Kindbeiter said City Manager Cheney contacted the Sanitation Department, and they, ~n turn, contacted him and said they were broke and could not afford to paint the dumpsters until after the fiscal year starts, Mr, Kindbeiter said the dumpsters are rusting away down there. When they come down to paint the dumpsters, Mr. Kindbeiter said they paint over rust. He said they need a little 'elbow grease with a steel brush down there to take the rust off and then paint them. Councilman deLong moved that the dumpsters be taken care of. He looked at them himself, and he did not think the City was in that bad a financial condition that they could not paint a couple of dumpsters. The motion was seconded by Councilmember Woolley. Councilman deLong believed it was in Section 1. Councilman deLong advised that should be in Section 1 only. Mayor Trauger asked if there was any comment from the City Manager or the Sanitation Department of the scheduling or what they are doing with this. Obviously, City Manager Cheney replied, the City will paint the dumpsters if that is what the Council instructs. He - 2 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 called attention to the fact that there are dumpsters in town that are in worse condition than those. City Manager Cheney said the City does not have extra dumpsters at the moment so they cannot take a dumpster away, rehabilitate it, and repaint it the way Mr. Kindbeiter suggests. Therefore, City Manager Cheney explained, they paint them on the site or do the work on the site. which is not the best way of doing it. City Manager Cheney advised that the City does plan to buy additional dumpsters in the next budget. He said they plan to make changes in the sanitation program and go into a new dumpster maintenance pro- gram, which is all part of the direction the City is going. City Manager Cheney repeated that these dumpsters are not as bad as other dumpsters. He told the Council that if they want the City to paint these dumpsters, obviously, they will paint them. City Manager Cheney said they did not do it just to be mean to Colonial Club. The City did not do it because they have obligations to the entire City that they have to look at and balance. A vote was taken on the motion, and the motion carried 4-0. Joseph DeGange, Town Manager, Town of Ocean Ridge,~ 6450 North Ocean Boulevard, Ocean Ridge, Florida 33435 presented a 'Memorandum dated August 31, 1982 in regard to the Beach Restoration Program, which he read to the Council. He thought the record should be straight in rebuttal to some of Mr. David Geller's statements made here at this public body. (Mr. David Geller is Chairman of the South Lake Worth Inlet District Commission.) A copy of the Memorandum dated August 31, 1982 from Joseph DeGange~ Town Manager, Town of Ocean Ridge, is attached hereto and made a part hereof as pages 4, 5, and 6, To substantiate that point, Town Manager DeGange said in their last tax assessment, they found that the beach owners' assessed property was considerably less than they were inland for that pur- pose - that the beach has eroded. If the Council would take a walk on the old Boynton Beach just due north, they will find the erosion there goes right down to the foundation of some of those homes. Of course, Town Manager DeGange pointed out, one of the chief causes, as we all know, is that ridiculous inlet jetty which goes out some 600 odd feet whereby your interior flow of sand does not come in on a northeast tangent until it hits Boynton Beach. At that point, due south, Mr. DeGange said they were in fairly good shape. Joseph DeGange, Town Manager of the Town of Ocean Ridge, respect- fully requested the Council to support the Ocean Ridge beach restoration program. - 3 - MEMORANDUM August 31, 1982 Re: Beach Restoration Program This report is in response to comments attributed to Mr. David Geller, Chairman of'the South Lake Worth InLet District Commission, in criticizing the Ocean Ridge beach restoration project. Mr. Gelier's assertions were reported in an article in the Palm Beach Pos% of August 22, 1982, entitled "Beach Restoration Dredging Project Criticized" written by Joseph Schwerdt I would like to set the record straight by pointing out the misrepresentations and inaccuracies as reported in. the newspaper art~cte~ all of which 'are con- trary to the findings of the engineering surveys and studies as set out in the official State reports approving-the projecto 1. The cost to construct the referenced be~ch restoration project in 197~ was not 5 million. In a report entitled "COastal Restoration and Preservatio~ Program: Concept Development Report" Prepared for the Palm Be~ch County Board of County Commissioners 2.5'was the estimated comt for a beach restoration project. This also included restoration for the Town of Gulfstream. The report is dated September 27~ 1974. The present cost estimate to restore 2.6 miles of beach' is 5.55 million. The ~resent and prospective propertY damage and loss of taxable property values wilt be so enormous as to make the proposed cost relatively sma!!~ 2. The beach restoration project will not wash away in "two or three" years. Based on the present erosion rate, without maintenance nourishment, the amount of fill to be placed would last approximately 15 years. However, the County is also refurbishing the sand transfer plant, and it is possible that the plant may be able to transfer more sand past the Inlet to the south beach, extending the longevity of the project. Engineering studies and reports point out that the sand transfer plant will not stop the erosion. It will have only an auxiliary function. 3. Coastal engineers have determined that the amount of sand which may enter the South Lake Worth Inlet from the project is minimal. In the first three years after the project construction, approximately 18,000 cubic yards of sand may enter the Inlet. The amount of sand over a three year period, spread over the interior Inlet tidal delta, translates into an increase, in elevation of the inlet floor of inches, insignificant to navigation or inlet flushing. The official report has determined that the erosion program will not be detrimental to boat traffic through the Inlet. 4 Mr Get!er's assertion that the beach ' ~m ' ' ' nourLsn~.ent program only benefits the beachfront' residents is without foundation. The United States Army Corps of Engineers and the Department of Natural Resources have determine~ - 4 - Beach Restoration Memorandum Page 2 Augus~ 31, 198 that the beachfront within one-quarter mile of public beach access areas (there are 12 in .Ocean Ridge) are accessible to and utilized by the public. Based on this finding, it has been determined that approximately 94% .of the beach w~thin the project area is publicly accessible. Thus, Federal and State government funding is available for 94% of the beach. All restored ~each seaward of the erosion lihe will be public beach° The erosion line has been officially extended westward to widen the public beach and limit private beach areas by waivers and consents signed ~y private owners.. In February of this year the Hearing Officer for the State of Florida found that the Inlet District's.allegations against the beach project were unsub- antiated and unwarranted. F~om the newspaper ~rticle, it appears that Mrs. Geller neglected to inform the Boynton Beach council members of the Administrative Hearing (Case ~81-1599) conducted February 8 and 9, 1982, in which the South Lake Worth Inlet District's 6bjection to the issuance of a beach restoration construction permit by the Florida Department of Natural Resources was denied for lack of evidence. The hearing was conducted by Hearing Officer K. N. Ayers of the Division of Administrative Hearings,-State of Florida. 'The Hearing Officer received testimony from those opposed to and for the beach restoration project. The hearings included testimony from expert witnesses on both sides. The issues discussed by Mr. Geller at the Boynton City Council meeting were the same issues covered in the Administrative ~Hearing. Mr. Geller apparently did not refer to this formal hearing because the DNR in supporting the beach restoration project was upheld on each and every point of the hearing, establishing clearly the critical need for the project. The Governor and Cabinet of th~ S~ate of Florida recently established the erosion control line, and a permit has been issued for the beach restoration project. The South Lake Worth Inlet District is-appealing the decision des- pite the-unanimous approval of the project by State officials and departments. This appeal and continuing legal action by the Inlet Commission involves a very considerable expense to the taxpayers within the South Lake Worth Inlet District who will benefit most from the beach erosion program. The City of Boynton Beach is presently upgrading facilities at the public beach park at a very considerable cost to.Boynton taxpayers~ It is in the interest of Boynton Beach citizens to have storm protection for these facil- ities and the public beach that can only be provided by the beach erosion program. Mr. Geller's initial concern as a commercial fisherman using the Inlet was understandable before the engineering studies and official reports established that there was no basis for his ~cern. It seems clear that his persistent - 5 - Beach Restoration Memorandum Page 3 August 31, 1982 self interest should give way to the dominant public interest of the thou- sands of County residents who use the beaches and the property owners who ha~e already incurred great damage adversely affecting their property values and the County's real estate tax reyenues. DeGange f~ 9own Manager Town of Ocean, Ridge - 6 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Councilman deLong commented that the Commission has not reconsidered its previous stand, and he thought that stand was to still go along with the restoration of the beach. Councilman deLong said the City's original stand and official act was to support it. He said it has not been reconsidered by the Council, and he felt the time to reconsider was past. Councilman deLong's contention would be that the Council is still in favor of restoration of the beach. Mayor Trauger agreed because the City has an investment coming up, as pointed out, in that beach. The greater Boynton can improve its own beach will be to the City's own advantage, Mayor Trauger added. Furthermore, Mayor Trauger continued, our little neighboring cities along there are benefiting. He felt Boynton Beach should join with them in the support for the beach with the erosion and restoration control. Town Manager DeGange wanted to make one point. In restoring Boynton's beach and Ocean Ridge's beach, what Town Manager DeGange said what they plan to do is to deposit abou~ 2-1/2 million yards of sand going out to the very reef. The bar in there is not bringing it in. What it does fOr Ocean Ridge and Boynton Beach is, ~n the event of a hurricane, Boynton Beach will probably gain about 150 feet of beach in front of its public beach, r~ght now, Mr. DeGange told the Council, which means the wave action moving in with more beach and travel will dissipate in obviously less damage than the City said it might have on its public beach. Vice Mayor Warnke wished to answer Town Manager DeGange's comments. Vice Mayor Warnke did a lot of study on that question. He noticed nowhere in Town Manager DeGange's presentation did he quote any scientific facts, studies, etc. In thinking about this very closely, Vice Mayor Warnke informed everyone that during the past 25 years, he has been closely watching the beach situation. The subject of beach sand restoration has been studied by various agencies in the past 25 years, Vice Mayor Warnke pointed out. He read hiscomments, as follows: "Within the past decade, Delray Beach has pumped sand frc~ the ocean bottom twice to restore their beach at a cost of several million dollars. A complete study was made by the Inlet Improve- ment Committee back in 1960, which showed that sand pumping was not the answer. At that time it was detenained that groins extending into the ocean from the beach were the best way to hold sand from washing away. I owned an airplane for many years .and fle~ the beach back and forth to Fort Lauderdale A~'rport. After Delray finished with the pumping of sand from the ocean bottom, T could see that after a few months that the darker gray sand frc~ the bottom was being transferred by Mother Nature and the southbound littoral currents to refurbish the beach at Boca Raton and Highland Beach. - 7 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8~ 1982 I am not at odds with the concept, of beach restoration but I am not in favor with the method presently propqsed. I would strongly suggest that the proponents of the sand pumping concept get in touch with Dr. McAllister of the Ocean Sciences Dept. of Florida Atlantic University and the archives of the Florida Ocean Sciences Institute (FOSI). They have the facts that have bee~ accumulated over the years. Another study at this ~ would be redundant. I do not think that the County has done its hc~work in this case." Councilman deLong informed the Council that about 18 or 20 years ago, they did have the International Erosion Expert here about the fear of groins. Councilman deLong said they were talking about Delray Beach at that time, and it was the expert's contention that if Delray Beach would go out and put a sway in front of their beach and taper it off at each end, they would still have a beach today, Councilman deLong remarked that Delray Beach has a direct wash on their beach, and that is why they have no beach at all. The only beach Delray has is when they go out and pump it and create a beach, but there is no beach there at all. Joseph DeGange, Town Manager, Town of Ocean Ridge, Stated, "Mr. Mayor, when we first designed this beach restoration program (that you may not have been aware of), we had six groins (and I agree with you} south of the Inlet District; but in their lack of infinite wisdom, the Inlet District decided to appeal it and the Department of Natural ReSources, in order to expedite the program, just omitted the groins completely. I agree with the groins fully. I spent most of my life as a marine contractor, so I think I know from where I speak. Obviously, we can't get it with the groins, so we're taking the second best. That's what we're doing." "I won'~ accept the second best, sir. Vice Mayor Warnke remarked, " Councilman deLong thought this was a good time to mentiOn that the City has a groin missing on its beach. He said you could see the difference between where this groin is, where the groins are, and where this groin isn't by the difference in the elevation of the beach. Councilman deLong thought the Council should take that in mind and have a groin installe~ there. He said there was one ripped out, but he did not know fo~ what reason. Councilman deLong advised that one is needed down by the snack bar. Vice Mayor Warnke reiterated that the Corps of Engineers have made many studies on this and also many other local projects. He said it is so involved and so deep, he did not think the Council could make an answer. Councilman deLong agreed to "leave it to the experts." - 8 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Mayor Trauger asked if there was anyone else who wished to speak in public audience. William Billie, 4743 HOliday Circle North, West Palm Beach, Florida, told Members of the Council that he is attempting to open a business at 115 South Federal Highway, near the corner of Ocean Avenue. Mr. Billie said he has been working on it for a couple of weeks. He informed the Council that Bert Keehr, Deputy Building Official, has been over several times, plus plumbing inspectors, electrical inspectors, and all the inspectors you can think of. What Mr. Billie was basically here for tonight is an apPlica- tion he has to forward to the Alcohol and Beverage Commission for an alcohol and beverage license. Mr. Billie stated that he cannot get that signed. He explained that it was only the application, and it did not mean that he was going to get it back right away because it would take a week or so. If Mr. Billie cannot get the application signed now, he said another week or two weeks would be too late because they are into the process of issuing a new.~lic~nse, and they will not issue a license that far in advance. Mr. Billie stated that he does have an existing license so he would just have to have it transferred. Mr. Billie asked to have the application signed so that he could submit it there, send it to Tallahassee, and then, hopefully, get his beer license back for~opening along withthe restaurant. As he was saying, Mr. Billie said a delay for another Council meeting will really cost him another month's rent to begin with and a lot of other expenses. Mayor Trauger thought when this came up, or when Mr. Billie called him about eight or nine days ago about this, Mr. Billie had spoken to City Manager Cheney and to go with this application, Mr. Billie would have to have food in order to license. As soon as the first day Mr. Billie serves food, Mayor Trauger said they would "inspect, ready to go." Mr. Billie informed Mayor Trauger that is not necessarily the way it is. City Manager Cheney interrupted to advise that Mr. Billie and he had conversations on this. He asked Mr. Billie to realize the things he had to do. This evening, Tereesa Padgett, City Clerk, gave City Manager Cheney a memorandum from Bert Keehr, Deputy Building Official, which was what they had been waiting for. City Manager Cheney told Mr. Billie that Mr. Keehr indicates that the things necessary to be done have now been done, but they were not done before this, so there has been no delay on the part of the City. As soon as they were done, City Manager Cheney said the City was ready to approve it and the Council can add it to the Agenda or they could approve it now. Normally, City Manager~Cheney said they would have it if it was Thursday or Friday, but not at the last minute. - 9 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Mayor Trauger commented that this could be done, but before the Council does, he wanted the application read so that the public would know what the Council is doing here in Public Audience on Mr. Billie's part. City Manager Cheney informed everyone that they have a typical Department of Business Regulations Beverage Request for beer and wine. He said the City ~has tO make a finding, which is done by the Building Department, relative t6 zoning regulations. City Manager Cheney told the Council that Bert Keehr wrote to him yesterday that the zoning regulations at the above address permit the sale of beer and wine for consumption on ~premises in connec- tion with a duly licensed restaurant. City Manager Cheney assumed that by now, Mr. Keehr was satisfied that Mr. B~llie has a duly licensed restaurant and can go ahead, which was not the case last week. Councilman. deLong moved to turn the matter over to City Manager Cheney, and if he finds everything in order, a license is to be issued. Councilmember Woolley seconded the motion. City Attorney Vance advised that they should simply sign the appropriate application, indicating zoning. Mayor Trauger asked if Councilman deLong would amend the motion to indicate the zoning. Councilman deLong informed Mayor Trauger this is one of the main things the Council does, make certain that the area is zoned. A vote was taken on the motion, and the motion was carried 4-0. Rev. Lin Wilcox, Director, Operation Concern Inc., P. O. Box 2149, West Palm Beach, Florida 33402 was informed by Mayor Trauger that his matter~ had been added as the last item on the Agenda but he could speak now. Reverend Wilcox passed out a pamphlet and fact sheet to the Council. He stated that he has worked in the Boynton Beach area since 1966 with the unseen constituency which is in the City and in the area, such as people that are poor people, are farm worker families, and people who do have some interest in what happens in the City of West Palm Beach, even though they do not come to the Chambers and plead their cause. Reverend Wilcox was here at the invitation of Mayor Trauger, who called him in response to the letter he sent him asking for several minutes to present several items for the Council's consideration. Reverend Wilcox wished to appeal the request that the City made to them concerning the removal of their two collection boxes located here in the City. Reverend Wilcox said they did not have the opportunity to give any input to that discussion, and he felt it would be worthwhile fOr the Council to consider several things. - 10 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Reverend Wilcox told the Council that Operation Concern has been in the area approximately 16 years. They are not newcomers to the area and feel that they are some part of this community. Reverend Wilcox said they do have outreach work in Belle Glade and outreach work in the range line area west of Delray and west of Boynton Beach. The collection boxes which have been in the City now for some years have been well supported by the community. Reverend Wilcox admitted that they have had some undesirable kinds of items left outside the boxes at various times, which he understood brought some aggravation to people. Reverend Wilcox said they have tried to be cooperative with the City and they have established for several months daily~ Pick ups at those boxes. In the last three months, Reverend Wilcox informed the Council that they been seeing that someone who lives here in the City or a resident of this area checks those boxes on Saturday and Sunday evenings and holidays. Reverend Wilcox felt that has helped the situation considerably. Reverend Wilcox stated that they do have the problem of several other agencies that make collections an'd dumping items out of their t~ucks~into the'irT~.b6~'~. He said this is beyond their control. The only thing they can do is try to do a better job of housekeeping. Reverend Wilcox wished to point out to the Council that they made an effort to make. quick responses to phone calls from several interested people who reported there were items outside the boxes that were undesirable. They tried to get into the area within several hours. Operation Concern has derived a great deal of help from those collection boxes, Reverend Wilcox informed the Council. He estimated that those boxes assist them in paying the salaries of three of their people. Reverend Wilcox thought that was an important sharing of community resources. Reverend Wilcox also reminded the Council that Operation Concern owns property just west of town. They ~have a number of families in their constituency of poor families who shop the City's centers, who go in and out of the City's businesses, who go to the City's banks, and are part of the community. The outreach of Operation Concern with boys and girls programs, with Senior Citizens, and with families in distress is part of serving the people of this area and the people of this community, Reverend Wilcox continued. Just the other day Reverend Wilcox received a referral from HRS. HRSsaidMrs. ~oand~0an~.her children had been~['sle~pinginborrowed~ds.~ owner took the beds back. The woman works to suppo'rt her two children without help from anyone else and cannot afford to buy beds. HRS told Reverend Wilcox any help would be appreciated. The woman was a citizen in Boynton Beach's community, and Operation Concern honored that. Reverend Wilcox stated that he knows some agencies that collect things that do not~give or,donor come to emergency helP~f people - 11 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Reverend Wilcox said there are a number of people within the City of Boynton Beach who through the years have derived a great deal of assistance and help from the resources that the City's community people share with Operation Concern. In their own budget, Reverend Wilcox estimated that they spend close to $2,000 a month in the City of Boynton Beach. Today, Reverend Wilcox continued, the Council may not be aware of what goes on. He had a photocopy of a check fOr ~700>O00which he hand delivered to the First Bank & Trust of Palm Beach, here in Boynton Beach, which was their final mortgage payment. Reverend Wilcox reiterated that they have been doing business and are a part of this community. He said they are happy that they do not have to make a trip to the bank next month, as they hav~ been making it since 1974, paying off a $100,000 mortgage on property. Reverend Wilcox explained that the reason they can pay off their bills and mortgages is because people like the City's community people have supported their Operation Concern boxes. He also had several of their people present who are part of their program. Reverend Wilcox said they get a lot of volunteer work, and he did not know whether the Council wanted to hear from them or not. Reverend Wilcox said the people could testify as to the help and assistance that Operation Concern has given to families. He thought that these were facts that should be considered. Reverend Wilcox asked that the Council make a positive response to his appeal that they would reconsider this request to remove their boxes. He emphasized that they cannot afford to hire people to maintain supervision on the boxes, as a City official requested them to-do. Reverend Wilcox suggested it might be possible for them to secure volunteers from the citizens to do that. He did know that even with manned boxes during the day- light hours, tha.~ would not solve the problem. This weekend Reverend Wilcox knew the Goodwill trailer had a number of items left around .their trailer even though they're manned during the hour. He stressed that that will not solve the problem. Reverend Wilcox.asked the Council to make some consideration of these items that he brought to their attention. Councilman deLong had no questions on the statements Reverend Wilcox made but informed the Council that plenty of people complained about the setup over there. Both City Manager Cheney and Councilman deLong visited it. Councilman deLong visited it himself and saw the stuff strung all over the place. Although Councilman deLong was in sympathy with what Reverend Wilcox was trying to do, he stated that he, himself, delivers the stuff that he could carry to Faith Farm whenever they have stuff, Council- man deLong advised when people had stuff'they could not carry, if they call Faith Farm, they will come and pick it up. - 12 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 19 82 Councilman deLong expressed that there is no sense in having a Community Appearance Board here tha~ is trying to keep a decent appearance in the City when right across from ~here Operation Concern has their "whatever you want to call it - little shed", they have a project trying to upgrade Sunshine Square-that they are spending $300,000 on; and then you 10ok across the street and you see this particular container that Operation Concern has there. Councilman deLong said you are always going to find a lot of furniture and stuff there. Not only do you see people delivering stuff there, but you see people driving up in cars taking stuff that has been delivered. Councilman deLong called it a "regular barter place", and he did not think it did anything for the appearance of the community. That was Councilman deLong's feeling, and he said it because the people are continuously complaining to the Councilmembers. He did not know how may complaints City Manager Cheney had received or if he had received any,.but he knew he had passed on complaints to City Manager Cheney. Councilman deLong called attention to the fact that the people feel as though it is very unsightly, uncalled for, and should not be there. The stand Councilman deLong would take would be to support the people who have to witness this condition. Mayor Trauger wished the people who witness this could do a little charity in their own hearts as far as work. He watched the box since the date of Reverend 'Wilcox's letter. The first weekend, Mayor Trauger Observed someone piled a davenport and a chair up there but it was gone on Monday. He saw a few extra boxes out there, but Mayor Trauger did not think it was an unsightly mess. He pointed out it is coming to charity. Mayor Trauger said if they were talking about some of the mess in there, they should just go look now at~the in ahd'out sign exits at Causeway Square that have been laying almost at a 35o angle for the last nine months. He asked them to look at all the trash that is along the outside perimeter of Causeway Square. Mayor Trauger counted on a SaturdaY night 22 shopping baskets laying there-on the perimeter at 8:00 o,clock. He did not know'where a man~'s charity is if these little busybodies who think that is unsightly cannot contribute some time to the great Christian cause of which Operation Concern is working on the range line and for the City's people. He pointed out that is where Operation Concern derives their income. Mayor Trauger asked, "Should we~'shut~ them off from a part of that on a little unsightliness?" He asked if they noticed that in the past month, it has been very good because his wife and he go by every day and check it in the evening. Mayor Trauger thought Operation Concern has made a wonderful improvement and witch the local people here,~ Mayor Trauger thought the Council had some Charity in its heart that they can let Operation Concern continue to operate. MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 For the past couple .of~weeks, Councilman deLong noticed it has been well because they have been sealing the area there and picking up stuff that has been blowing around, He saw it within the last week and a half when stuff was there. Mayor Trauger asked why they didn.'t pick at the little signs that are laying flat. Councilman deLong was not going to argue anything. He was relaying exactly what was passed on to him by the taxpayers of the City. Council- man deLong told Mayor Trauger if he received any more complaints, he would not refer them to City Manager Cheney but to Mayor Trauger and he (Mayor Trauger) could handle them from here on in. Mayor Trauger said he had been getting complaints and would be glad to handle them. He stated that he had enough charity in his heart for people like that. Councilman deLong said he had as much charity as Mayor Trauger woUld ever ha~ but you cannot have double standards if you want to run the City, Vice Mayor Warnke noticed that Reverend Wilcox_had on the Fact Sheet the Mexican, Puerto Rican, Haitian, and~Haitian Aid to Haiti. Vice Mayor Warnke advised, "My own personal feelings are, I cannot support Operation Concern in any manner whatsoever unless all of these people that you are helping are bona fide citizens of the United States." Reverend Wilcox replied that these people are all over the world. Vice Mayor Warnke did not care because that is the way he feels about it. Reverend Wilcox wished to respond to that if the Council would give him time. He also said he would be glad to respond privately. Councilman deLong moved that th~ boxes of Operation Concern be removed. He thought City Manager Cheney had some kind of recommenda- tion. He did not know whether City Manager Cheney wanted to go through with it or not, whether he wanted to remove all of the boxes from the City, or if he wanted to go along with those that are in two prominent places. Councilman deLong wanted some input from City Manager Cheney. He still thought this was going to be unsightly regardless of whether you have full time attendants or not. Reverend Wilcox commented that when the City contacted him~ they informed him they were not going to ask Goodwill to remove their trailer. Reverend Wilcox wanted to protest that kind of regulation because he thought it was discriminatory. He was not critical of the people, the programs that Goodwill'has, or the Salvation Army or any other agency. Reverend Wilcox was not here to put down someone else to lift up their own program. He did think there was credibility in what they do, as well as Goodwill. Reverend Wilcox pointed out that the Goodwill trailers have problems just as the unmanned boxes do. He thought they should be treated fairly. Councilman deLong agreed and sympathiz'ed with Reverend Wilcox but he was concerned with the appearance of the City. Reverend Wilcox did not think theY should be pointed out. He agreed that it was true that they help people that many have little contact with and do not care about. Reverend Wilcox said they do not encourage refugees to come to this country, but it has been Operation - 14 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Concern's position since 1966 to give aid and comfort to families who, no doubt, were not legal citizens because the businessmen of this County brought them here out of Mexico and paid for trans- portation after they got across the Rio Grande and then called in Immigration before they paid them off at the end of the season. Reverend Wilcox informed the Council that there are people who have needed some emergency food and emergency helpi.and~som~of those children of families located within the City's area are now tax paying citizens. Those people do not deprive the City of any tax money because they cannot go on welfare rolls; they cannot go to the agencies for benefits. Reverend Wilcox said they do not ask them whether they are citizens or not. They are human beings, and if Operation Concern can help them, they assist them. Reverend Wilcox said Operation Concern does have and has always had an active program of trying to encourage people to learn the English language.. He personally teaches two English classes each evening a week to people who do not know English, and he is not an English teacher, but he does not find any of these fine volunteers of the white community or the black community willing to do that. That was not the point Councilman deLong was trying to argue. Reverend Wilcox stated that he was~finished~ The~Point Council- man deLong was trying to argue was the community appearance of the City. He said we have a C~ommunity Appearance Board, who is doing everything they can to'upgrade the City. Councilman deLong continued, "Don't tell me about the migrants and the downtrodden. I have served eight years with a welfare association as a worker in the field - as a case worke~ alsO as a Case Supervisor in the office." Councilman deLong stated that he knows all about poverty-; they have his deepest sympathy, and he has extended himself on many occasions where he has taken canned goods out of his own cupboard to give to these people until such time as they could process their applications for relief. Councilman deLong continued by saying he could write a book about welfare and relief. Councilman deLong was not talking about the downtrodden and th.e people who are suffering privation. He was talking about double standards in the City. Councilman deLong asked if they were going to have a City that is going to adhere to community appearances or not. He said that was the question. Councilman deLong advised that if they are not, then they should do away with the Community Appearance Board, because they are just "spinn~ng'' their wheels." Since Mayor Trauger heard no second to Councilman deLong's motion that the boxes of Operation Concern be removed, he announced that the motion had died. As the motion had died, City Manager Cheney assumed it was the intent of the Council, .at leant_for .~h~ moment~ (assuming~-~the ~Qn~ition of these boXes stays relatively in a good appearance)~ that the City will not take steps to have these boxes removed. Mayor Trauger affirmed that was correct. - 15 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Councilman deLong understood that the boxes were all set to be removed Monday, September 7, but Mayor Trauger was the "fellow" that started blocking them~ Mayor Trauger agreed that he did. Council- man deLong reiterated that he would refer all of the complaints to Mayor Trauger in the future. Mayor Trauger said they should try to get Causeway Square to straighten up those little signs that have been laying flat, very unsightly, and giuing the City a "horrible appearance". He also mentioned that Boynton Plaza is very, very dirty and unsightly. PUBLIC HEARING - 8:00 P. M. None. CONSENT AGENDA: Matters in this Section of the Agenda are proposed by the City Manager for "Consent Agenda" Approval, with all of the accompanying material to become a part 'of the Public RecOrd A. Approval of Water Service ~qreements Melear Property on North Congress Avenue just south of Miner Road and west Of conqress ~venue ~ ~ ~ e Thomas F. Gustafson Property south of NW 22nd Avenue-and east of Lawrence Road ~ ~ ~ B. Approval of Change Orders R & A Change Order No. 1 - Chemical Feed System Modifica- tion for Water Treatment Plant~- Project NO. 62~6~--681~'54~ Perry Cessna, Director of Utilities, and Peter L. Cheney, City Manager, concurred with Russell & Axon's recommendation to increase the amount of the contract by $2,805 and extend the time 125 days. e Lassiter Construction Company Change Order Nos. 1, 2, 3, 4, 5 for Phase I Development of 30 Acre Park Site Tennis Complex Charles C. Frederick, Recreation & Park Director, in'his memo of 8/12/82, addressed to Peter L. Cheney, City Manager, attached a "SUMMARY OF CHANGE ORDERS" as follows: Adjusted "Date Decrease Increase Contract Price 6/LI/82 Original Contract Price 7/26/82 Change Order No. 1 7/26/82 Change Order No. 2 7/26/82 Change Order No. 3 7/28/82 Change Order No. 4 8/ 9/82 Change Order No. 5 - 212.00 - 500.00 + 897.00 188.00 137.56 $ 498,890.00 499,787.00 499,975.00 499,763.00 499,900,56 499,400.56" - 16 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 C. Bids 1. Sale and Removal of Lime Sludge at the Boynton Beach Water Treatment Plant - Utili'ties The Tabulation Committee recommended the acceptance of the bid from Asphalt Construction of Palm Beach, Inc., P. O. Box 6458, Lake Worth, Florida 33461, in the amount of $1.05 per cubic yard. e Improvements for Pumping Sewage at Little League Park - Recreation The Tabulation Committee recommended the acceptance of the bid from Roberts Septic Tanks, Inc., 820 N. 4th Street, Lantana, Florida 33462, in the sum of $5,715.00. 3. Right Turn Lane - SW 26th Avenue - Engineerin~ The Tabulation Committee recommended the acceptance of the bid from Hardrives Inc., 2101 South Congress Avenue., Delray Beach, Florida 33445, in the amount of $8,450.00. D. Request for Approval of ~Construc'tion Trail'ers City Manager Cheney requested that item 1 (Pagliarulo) be deleted, as he wished to have the Council consider that later. Submitted by Ronald C. Odom, Jansen Company of Florida, for Project 13' at Be'thesda Memorial Hospital ....... e Submitted by Tim Onnen, Meisner Electric - Woolbright Corporat'e 'Center P'roje~Ct - 1901 SOuth Conqress ~venue E. Approval of Bills See list attached and made a part hereof. Councilman deLong moved the approval of the Consent Agenda, seconded by Vice Mayor Warnke. In going over the Consent Agenda, Councilman deLong noticed where the City is getting a rebate of $212.00 from one contractor and also another $500.00 rebate from another outfit° Councilman deLong felt that was very encouraging. Also, on "D. Request for Approval of Construction Trailers", Councilman deLong noted that the Council was notified under No. 1 that "no plans have been sub~ mitted" for this particular project. That was why City Manager Cheney requested that it be removed from the Consent Agenda. City Manager Cheney wanted to discuss it later. He said he should have deleted it from the Consent Agenda earlier. A vote was taken on the motion, and the motion carried 4-0. - 17 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 BIDS Annual Petroleum Fuel Requirement - Public Works (Postponed frOm August 17, 1982 Meeting) Mayor Trauger said the Council had a letter from John D. Behnke, Fuel Broke~, 356 South COuntry Club Drive, Lantana, Florida 33462, dated September 2, 1982. Kerry Sharon, representing John D~ Behnke (address above), believed Mayor Trauger, City Manager Cheney, and William H. Sullivan, Pur- chasing Agent, received a l~tter from Mr~ John D. Behnke stating that they were low on this ~id and they serve this area. She said she would be able to answer any questions. Mayor Trauger assured her that Members of the Council had copies of the letters. City Manager Chen~y told the Council that Bill Sullivan, Purchasing Agent, could answer any questions~they have. City Manager Cheney informe. at the issue further, reseal with other cities (particul~ from Bill Sullivan .shows, az greater control and greater plus a greater guarantee of bid instead of. Mr. Behnke. admitted, other cities ~have City Manager Cheney.clarifi. after having research%d the Council that the City had looked ched the matter as they had before Lrly Delray Beach) as the memorandum Ld they still feel that the City has assurance of understanding the pricing delivery if they go with the Gulf Oil Obviously, City Manager Cheney chosen a different route. that the City felt at this point, a couple more weeks, that the it ~ior better and surer way is, as he said, with Gulf. It was not meant to be a criticism of Mr. Behnke; it is simply that the City feels it has a better control and understanding of the pricing mechanism and a better assurance of supply because the City has.direct letters from that company t~ the City, City Manager Cheney explained. He said they are not indireCt letters, which does not suggest'that Mr. Behnke cannot do it, it is just the City's feeling that the supply is more sure. City Manager Cheney pointed out that the pricing was one which was of concern to the City, as thinks they are surer, alth¢ price from Gulf is higher, ( compare pricing that has ta~ Cheney said it was the City are better assured about thc go with Gulf Oil. If the C¢ Mr. Cheney advised that Mr. to be," City Manager Cheney It appeared to Councilman .hey~'~tried %o understand it. The City !ugh at the moment, it looks like the !ity Manager Cheney continued. As they ~en place in the area, City Manager s conviction that in the long run, they price and can better judge it if they .uncil needed to go into those details, Sullivan could do that. "Suffice it concluded, "that is our recommendation." ~Long that the City had devoted quite a lot of time to this particular item. They had the gentleman (Mr. Behnke) who protested at the August 17 meeting and a letter from him. Mayor Trauger requested Councilman deLong to let Ms. Sharon respond before he made any motion. - 18 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Regarding those letters, Ms. Sharon said they were copies of their contracts with major refineries in this country. She stated they are not just one; they serve several of the majors. Ms. Sharon informed the Council that they are brokers like Merrill Lynch. That is why the letters were indirect and not direct to the City, Ms. Sharon explained. City Manager Cheney said the City understood why John D. Behnke did that through his office. He explained that the City's bid documents ask that the base supplier provide the City directly with the guarantee. City. Manager Cheney said the City wants to,be able to go tq the~guy that has the Oil at the dock and say to him, "You guaranteed us suppl~~ City Manager Cheney told Ms. Sharon that is the issue. Mr. Sharon informed City Manager Cheney that the City was guaranteed by John Behnke. City Manager Cheney argued that that was not the guy at the dock who is bringing the oil in; that is not the refiner; that's not the base guy. City Manager Cheney clarified that the City did not discount the bid on this basis but, technically, John Behnke's bid was non- responsive in the finite way of bidding because he did not respond to the City's bid specifications. In spite of that, the City still took a look at Mr. Behnke's bid and analyzed the situation, which Mr. Cheney said is different when Mr. Behnke gets the agreement from his supplier to him and then to the City. City Manager Cheney continued by saying that the problem is that does nOt come straight from the guy who's got the stuff to the City. That is what the City is concerned about. Technically, City Manager pointed out, John Behnke did not respond to the bid. The City looked at it anyway, and they think that is an important issue. City Manager Cheney informed M. Sharon that the City then looked at the pricing situation, which they also thought was an important issue. He understood what Mr. Behnke did and why he had to do it tha~way, but theCi~y just did not think that was responsive to the way the City thinks Mr. Behnke needs to oper- ate this thing. Councilman deLong moved to support the recommendation 'of William Sullivan, Purchasing Agent. He said there was no use having a Purchasing Agent who has devoted so much time and effort into this particular item and to do as much screening as they did on it if they were going to turn around and say the Purchasing Agent was wrong. Councilman deLong thought Mr. Sullivan had his reasons for rejecting this particular bid, and they ~are solid. The motion was seconded by Vice Mayor Warnkeo Mayor Trauger repeated the motion to support the recommendation of the Purchasing Agent and award the bid to Gulf Oil Company for gasoline and diesel fuel. He asked City Attorne~ Vance if the Council was in legal sufficiencY. City Attorney Vance believed they were. A vote was taken on the motion, and the motion carried 4-0. - 19 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 DEVELOPMENT PLANS None. LE GAL: Ordinances - 2nd Reading - PUBLIC HEARING None. City Attorney Vance informed Mayor Trauger there were qu±te .a few Ordinances and Resolutions. He said several people were there waiting for the matter of the sale of the golf course bonds. He asked if the Council would care to move that up or if they wanted to proceed with the regular order of business. Councilman deLong moved to suspend with the regular order of business and take "Other, D. 1." to the front of the Agenda. LEGAL D. Other Approval of Contract to Purchase $4,000,000 City of Boynton Beach, Florida/Palm Beach County, Florida, Recreational Facilities Revenue Bonds, Series 1982 Mayor Trauger informed the audience that he asked the men who_ would present the contract to come tonight and explain in detail items concerning the legal sufficiency of the bOnd issue for the municipal galf course and of the climate of the bond market today. Mayor Trauger reminded everyone that there have been many "nervous Nellies" throughout the period'on the golf course, and it has raised many questions. He wished to show that the City Council is acting as fiscally responsible as possible with the best of informa- tion and advice. Mayor Trauger used the term "expert" because the men are from out of town. City Manager ~Cheney wanted the audience to know the City got a good deal, good prices, good bids, and are proceeding legally. City Manager Cheney passed out a new Contract to Purchase to the Council Members, which was very similar to the one with their Agenda, but with the final figures on payoff and amortization attached to it added late this afternoon. Councilman deLong asked where the bonds are going to be signed. Mayor iTrauger replied, "Here." Anthony (Tony) C. Soviero, Vice President, William R. Hough & Co., Suite 306, The First American Building, 701 U. S. Highway One, North Palm Beach, Florida, came tonight with Arnold Schneider, Vice President, Henderson, Few & Co. Mr. Soviero said they propose to submit a Contract to Purchase the City's $4,000,000 City of Boynton Beach Recreation Facilities Revenue Bonds, Series 1982. In this respect, the Council had in front of them the Contract to Purchase~ which differs only in insubstantial portions as to the one included in the Council's package. - 20 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Mr. Soviero said they filled in the provisions concerning the pur- chase price, the par value, the percentage of par value at which they propose to purchase the bonds, and (as City Manager Cheney indicated) they included some amortization schedules and also two items: Exhibits D and E, showing the NIC with and without the insurance premium. For the edification of the Council and the public, Mr. Soviero advised that they have "comp" (comparables) which are financings that were done within a reasonable period of time just prior to this purchase proposal that would indicate the fairness of the offer that they are making now. In that regard, Mr. Soviero said they had three comparables. The first one would be of August 20, 1982. It is a $54,450,000 issue from California. Basically, Mr. Soviero told everyone, they are taking the same set-Of circum- stances, approximately the same maturity, and these would be insured bonds as well. The NIC on that would be 10.99 (rounding it off). Mr. Soviero stated that the second issue was approximately $7,000,000. It was done on the 28th of August. The NIC on that was 10.7, rounding off 7.6. More recently, a $1,000,000 issue out of Lancaster, Tennessee had an NIC of 11o01 (rounding again). Mr. Soviero stated that their NIC is indicated on the purchase proposal, and it is 10.81 or 10.82 rounded. Mr. Soviero believed Mr. Schneider would show the approach they have taRen and the market at this time compared to what it has been for the last 18 months. Arnold Schneider, Vice President, Florida Municipal Securities, a division of Henderson, Few & Co., 23 West Church Street~ Orlando, Florida 32801, wanted first to go into an illustration of the bond buyer index, which is a composite indicator, much like it does for the bond market what the Dow Jones industrial average does for the stock market. Mr. Schneider said it is a very broad brush indicator consisting of twenty securities, mostly triple A, double A, A rated, and B double A (the four top investment grades) that are considered suitable for market purposes. It is a composite average here, Mr. Schneider continued. He said they have been keeping track of it for about two years, going back to January, 1980. He said he~.would turn the'illustration towards the audience in a few minutes. At any rate, Mr. Schneider said the BBI is composed of twenty top grade municipal bonds around the country., Florida.'s GOJs (General Obligations) being one of them in that index. While it is not truly indiQative of ~ny one~_issue, Mr. Schneider advised that it is a b~oad market indicator which all interest rates center around in the long term. Mr. Schneider showed where the levels have been, going-up from the 12% to the 13% range through 1981 and most of 1982. In fact, when the City was in the validation process here, Mr. Schneider informed everyone they were looking at that time at least of about a 13% - 21- MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 interest rate, even on a triple A basis, which would have meant about a $555,000 a year debt service to the City. Mr. Schneider said they were fortunate enough., and timing was such, that the market recently has plummeted to where the Bond Buyer Index for the week of August 30 (which was the week that they actually entered the market with resale orders) dropped to a 10;38 per cent. Mr. Schneider asked what this meant to the City of Boynton Beach. Initially, in their planning stages,-Mr. Schneider told everyone they were going to go out 25 or 30 years on this thing - at least out to the year 2006, to make it more affordable to the City. The 13% rate Mr. Schneider alluded to would ha~e been about $555,000 a year debt service. Now, by virtUe~of market movements, Mr. Schneider said they are able to shorten the loan to 2002, which is basically a twenty year payout requirement, and the City's debt service would only be about $495,000 a year level which Mr. Schneider thought was a substantial savings. It would be $55,000 a year more that the City will have to put back into the golf course operation or whatever it decides to do. Quite literally, Mr. Schneider pointed out they have gotten the lowest point in the municipal bond market at any time in the last year and a half. He said it is always nice to think you are. on the trend or somewhere near the bottOm but, .by golly, the City of Boynton Beach actually did literally catch the lowest point because this week the index has crept back up about 36 basis points to a 10.74. Mr. Schneider advised that the City probably has gotten what would be the lowest point for the remainder of the year. Mr. Schneider said the rates will fluctuate in this level but he thought, literally, the City did catch the bottom of it. He showed the graph to the audience and explained i~ to them. He said they were very happy with the City and thought it would be a substantial improvement in the financial success of the golf course. Mr. Schneider passed around a synopsis o3 what the bond index has done this year to members of the press and Council. He said there was also a little copy of the graph which they want to read on their own time. Mr. 'Schneider called, attention to the fact that these are MBIA (Municipal Bond Insurance Association) insured bonds. MBIA is a consortion of four insurance companies which essentially guarantee the payment of principal and interest on the bonds. When you get that kind of commitment, Mr. Schneider Stated that it means that these bonds are rated triple A by Standard & Poor. That is the highest investment rating you can get. Mr. Schneider continued by saying that, in addition to the market movements, has been very, very substantial to the City. Ail of the things being equal, Mr. Schneider said that if they were - 22 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 into about $630,000 il of that rating, Mr. S dollars and fOr presel front to the City inc to offer this bond without the triple A in today's market, their best estimate (based on conversations he had and their traders had with institutional investors) was that probably the best boncling cost the City could have gotten would have been approximately 12%, assuming the B double A one by Moody's rating or the single A by Standard & Poor. Incidentally, Mr. Schneider told everyone,.he was now talking aboUt a 10.839 net interest cost. That is an average borrowing rate for the loan. That literally translates savings over the life of the loan by virtue ~hneider advised, or itl is worth'(at today's ~t value calculationS) about $250,000 up [uding the cost of obtaining that insurance. Mr. Schneider said th, that the City has bee~ market movement and i from Standard & Poor. Under Schedule .D, ~ic. effective interest ra 11.05. He asked Mr. those. Mr. Schneider methods of calcutatio] That is, you are weig] essentially a future future, Mr. Schneider to simply describe it Mr. Schneider referre¢ at 7-1/2% are weighte( $445,000 due in '02 at computation which ave] weights, so that you ~ that means on an aver~ In a true interest co is a present value cai gross interest over ti over the life of the bring it back exactly they purchase it for 11.04 represents the t that back to the purc~ is the future value, Mr. Schneider thought He clarified that wha- ~y think there is a substantial cash benefit able to realize both by virtue of the ;s success in getting the triple A rating Mayor Warnke noted that they had the net ;e of 10.8 and then the true interest rate is ~chneider to explain the difference between explained that there are two different .s. The net interest cost rate is an average. tting the bonds by length of maturity as ~alue calculation of what it is worth in the informed the Council. He said the best way is that you are averaging the coupons. to Schedule D, the '85b©nds due in 1984 less than the much larger maturities of , 10-7/8. He said it is a mechanical ages all of those, assigning specific :ome with a reasonable representation of what Lge basis. ~t, Mr. Schneider informed the Council, that ~culation. What that does is it takes the ~e gross debt service (principal and interest .oan~ and discounts it at a factor, which will to the $4,000,000, or in this case, the amount the $3,888,000), Mr. Schneider continued. The ,resent value factor rate that is used to bring .ase price. Mr. Schneider explained that one .nd one is the present value. maybe he did not make himself clear on that, the City is doing on a true interest cost or TIC calculation is discounting the future debt service back to present value so that the count of combined present Values and each year's debt service equals the amount that they pay the City tonight for buying those bonds. Mr. Schneider advised that they are a little bit 'apart (about 12 basis points), but that is typicali~when you are talking the two different methods of calculations. The IRS requires them to show - 23 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 it on the basis of the true interest cost and not the net interest cost. The TIC (true interest cost) requires the computer, and the NIC (net interest cost) you can do by hand. Mr. Schneider stated that they show them both because they are required to do so any more under the regulations. Vice Mayor Warnke had one other question. Exhibit B, "Maturity Schedule" runs from 7.50% to 10.25%, and then they end up with 10.875%. Vice Mayor Warnke did not quite understand that. Mr. Schneider explained that is what is called a balloon maturity, and that really is a marketing tool which makes some of the longer maturities more attractive to their long~range institutional investors and certain retail customers (pension funds, for example, and others like that). Mr. Schneider clarified that did not mean you meet all of that principal in one shot in 2002. Pieces of that $2,330,000 are retired in each.year ~from 1996 ~hrough 2002, so that the City's level debt service payments that must be met every year are at the $4:95,000 level, Mr. Schneider continued. He said they are retired prior to~ithe stated date of maturity on a mandatory basis. Mr. Schneider told the Council that the effect of it really is that it gives an institution a little bit higher yield on a block maturity but, in fact, it is treated just as though it were another serial bond. You.don't have to ~acquire monies and set them aside and meet a big balloon payment all at once, Mr. Schneider advised. They are retired serially every year as though they were reallY as though they were really serial bonds. In other words, Vice Mayor Warnke noted, the purchasers in 1984 will get a 7-1/2% maturity increase over the years, Mr. Schneider affirmed that was correct. He added that if they buy the $2,330,000, they will be getting a 10-7/8% down there even though their particular bond may actually be called in 1996 or 1997, but the City's debt service will not vary more than say $5,000 to $7,000 a year in any year. Vice Mayor Warnke asked if Mr. Schneider had~any idea what the rate would be if "your bond" is called. Mr. Schneider believed they will be called in at par. Vice Mayor Warnke asked; "Say the City wanted to call it in five years, or something like that." Mr. Schneider replied that they wOuld be callable in ten years if the City is optioned at 103% of par value. If~ the City wanted to retire that that early at rates (and Mr. Schneider stated they hope the City does - "go back to the good old days,), they would be callable in ten years at a premium of 3% of par value. City Manager Cheney added that is in the Resolution which the City passed. Mr. Schneider affirmed that was correct. Mayor Trauger asked if everyone in the audience understood it. There Was no response. CounCilman deLong asked City Manager Cheney if Boca Raton went in recently. He thought Boynton Beach got a lower interest rate than Boca Raton. City Manager Cheney answered ~here were two things relative to that. The City hit the market - 24- MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 at a lower time and also had MBIA (Municipal~Bond Insurance Associ- ation) insurance and they do not. City Manager Cheney confirmed that the City of Boynton Beach is lower than Boca Raton. Mr. Schneider advised that Boynton Beach is roughly 1/2% lower. Anthony C. Soviero, Vice President, William R. Hough & Co., informed Councilman deLong that William R. Hough & Co. did pur- chase those bonds. Mr. Soviero called attention to the fact that paragraph 8 of the Contract to Purchase requires the Underwriters to deliver a good faith check in the amount of $30,000, which represents (he believed) 3/4 of 1% of par value of .the issue. Through Mr. Soviero's own inadvertence, he did not have the check. He asked, if the Council deemed it appropriate, to just accept it, as the bid is there. Mr. Soviero only asked that the Council accePt it subject to receipt of the good faith check prior to the close of business tomorrow (September 9, 198.2). City Manager Cheney recommended that Council do that. City Attorney Vance informed the Council that actually, Mr. Schneider delivered a $15,000 check to Mr. Soviero and, regrettably, Mr. Soviero did not get to his office today. City Attorney Vance assumed Mr. Soviero would have the entire check tomorrow (September 9, 1982). Bill Gray, Esq., Brown, Wood, Ivey, Mitchell & Petty, NeW York, New York, was introduced by Mayor Trauger as an Attorney f6r New York that he invited so that the City could be sure of the legal sufficiency of this bond issue. Attorney Gray advised that his firm has acted as bond counsel for the issue and, in that capacity, they have prepared various legal documents and participated in the preparation of the preliminary official statement and the official statement that the Council had before them tonight. Attorney Gray said the official statement right now consists of a markup of one of the preliminaries that they prepared a couple of weeks ago. He said the final will be printed very soon after the meeting adjourns, within the next couple of days. Attorney Gray informed the Council that his firm ~witl ~deliver an unqualified opinion as to various matters. One will be the legality of the issue and the validity of it; the enforceability of the bonds, the tax exempt status of the bonds under Federal income taxes. Attorney Gray stated that they are assisting in the preparation for printing of the bonds. They will examine those bonds and pass upon the validity and enforceability of the bonds when they are sold and when they are issued on the 29th of September. Attorney Gray reminded the Council that there are two Resolutions before them tonight? The first,.~hich they already read into the record, is the one accepting the purchase contract. The second is the one fixing the details of the issue. - 25 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 City Attorney VanCe stated that in addition, Attorney Gray has reviewed the Purchase Contract which is being presented to the Council tonight on behalf of the City. He believed that Attorney Gray wanted the Resolution accepting the purchase read into the record, or adopted first, and then the Resolution providing for the issuance and accepting the details. Attorney Gray said that was correct. Mayor Trauger asked City.Attorney Vance, "From you~ vieWPoint and that of Mr. Gray, the City is not committing an illegal act under this $4,000,000 bond issue." Mr. Gray replied, "No.-" Mayor Trauger just wanted everyone to be assured of this. City Attorney Vance advised that the City has a Final Judgment validating the bonds. Attorney Gray reiterated that on the day of the delivery of the bonds, there will be a written opinion signed by Brown, Wood, Ivey, Mitchell & Petty, saying that these bonds are indeed legal obligations of the City of Boynton Beach. City Attorney Vance further advised that there were two Resolutions that must be adopted in connection with the sale of these bonds. He read,proposed Resolution No. 82-EEE by title, only: "A RESOLUTION ACCEPTING THE PURCHASE ~CT WITH FLORIDA MUNICIPAL SECURITIES - HENDERSON, FEW & CD. AND WILLIAM R. HOUGH & CO.; AWARDING $4,000,000 CITY OF BOYNTON BEACH (PALM BEACH COUNTY, FLORIDA) ~TIONAL FACILITIES REVENUE BONDS, TO BE ISSUED BY THE CITY OF BOYNTON BEACH, FLORIDA, SPECIFYING THE INTEREST RATE OF EACH SUCH BC~DS AND DIRECT~ THE DEL/VERY OF SUCH BObE1S TO OR UPON THE ORDER OF THE PURC~ HEREIN NAMED UPON PAY~EN~F OF THE PUR- CHASE PRICE HEREIN SET FORTH, ALL'AS PROVIDED FOR IN SECTION 206 OF RESOLUTION NO. 82-M ADOPTED ON FEBRUA~f 17, 1982, AS AMENDED BY RESOLUTION NO. 82-W, ADOPTED ON 'MARCH 16, 1982; APPRDVING THE PRELIMINAR~ OFFICIAL STATEMEN~f AND THE OFFIC/AL STATEMEN~f AND AUTHORIZING EMPLOYEES AND OFFIC/ALS TO TAKE ACTION AS REQU/_RHD IN CDNNECTION WITH THE ISSUANCE OF THE BONDS, INCLUDING OBTAINING BOND INSURANCE." Councilman deLong moved the adoption of proposed Resolution No. 82-EEE, seconded by Vice Mayor Warnke. No discussion. Mayor Trauger requested Tereesa Padgett, City Clerk, to take a roll call vote on the motion, as follows: Councilmember Woolley Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Motion carried 4-0. City Attorney Vance read the second Resolution in connection with the sale of the bonds (proposed Resolution No. 82-FFF) by title only: - 26 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 "A RESOLUTION PROVIDING FOR-THE ISSUANCE OF AND FIXING DETAILS OF $4,000,000 CITY OF BOYNTON BEACH, FLORIDA (PAIM BEACH COUNTY, FLORIDA) RECREATIONAL FACILIT/V~q REVENUE BCNDS (SERIES 1982), TO BE ISSUED BY THE CITY OH BOYNTON BEACH, FLOR/DA, AND AUTHORIZED B~ RESOLUTION NO. 82-M AUTHORIZING THE ISSUANCE OF NOT EXC~DING $4,000,000 OF SAID B~NDS, ADOPTED ON FEBRIiARY 17, 1982, AS AMENDED BY RESOLUTION NO. 82-W, ADOPTED ON MARCH 16, 1982." Councilman deLong moved the adoption of proposed Resolution No. 82-FFH, seconded by Vice Mayor Warnke. No discussion. A roll call vote was taken by Mrs. Padgett, at the request of Mayor Trauger: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Aye Aye Aye Aye Motion carried 4-0. City Attorney Vance informed the Council that they had documents which they needed to sign and some Of the gentlemen will want to take signed copies back with them. He requested a ten minute recess~at this point. City Manager Cheney asked if the Council needed a motion to authorize the signing. City Attorney Vance replied, "No." He believed the Resolution cowers %hat. For the record, City Manager Cheney stated that he had before him the original Contract to Purchase dated September 8, 1982, which was given to them this evening. He had the marked up Preliminary Statement, which is the official statement.which Will be signed and would be a part of the record. The printed one'will come later. As part of the record, City Manager Cheney further advised that he had a Fiscal Agency Agreement where the'City is accepting Florida National Bank as its Fiscal Agent for this bond issue. He had a letter which was required by the Statute that the City wrote to the Division of Bond Finance in Tallahassee notifying them of the proposed sale of the $4,000,000 bond issue. Mayor Trauger asked if they would need a motion for the acceptance of those. City Attorney Vance advised they would not need a motion, City Manager Cheney pointed out they are accepted by the Resolution and shown in the record just for specifics by his statement. Councilman deLong moved, seconded by Vice Mayor Warnke, ~to take a ten minute recess. Motion carried 4-0. THE MEETING RECESSED AT 8:50 P. M. At 9:05 P. M., the meeting resumed. COuncilman deLong moved, seconded by Councitmember Woolley~ to revert'to the regular order of business. No discussion. Motion carried 4~0. - 27- MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 B. Ordinances - 1st Reading Proposed Ordinance No. 82-24 Re: Flood Claim Management Regulations City Attorney Vance read proposed Ordinance No. 82-24 on first read- ing, by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING ARTICLE VII, 'FLOOD DAMAGE PREVENTION', OF CHAPTER 5, '~UILDING, HOUSING AND OONSTRUCTION REGULATIONS' AND ENACTING A NEW ARtiCLE VII, 'FLOOD DAMAGE PREVENTION' , OF CHAPTER 5 'BUILDING, HOUSING AND CONSTRUCTION REGULkTIONS'; PROVIDING FOR THE PRSVEN~ION OF FLOOD DAMAGE; PROVIDING STATb~ORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND OBJECTIVES; PROVIDING DEFINITIONS; PROVIDING SCOPE, PERMISTING, INTERPRETATION, A FLOOD HAZARD ~9~P, DISCLAIMER OR LIABILITY, AN~ PENA TI~q; P~OVIDING FOR ADMINISTRA- TION; PROVIDING VARIANCE PROCEDURES; PROVIDING STANDARDS FOR FLOOD HAZARD REDUCTION; PROVIDING FOR A REPEAT.ER CLAUSE; PREArIDING A SAVINGS CLAUSE; REPEAT,TNG ~ ORDINANCES IN ODNFLICT; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 82.-24 on first reading only, seconded by Councilmember Woolley. Vice Mayor Warnke asked if this would in any way change the flood maps that the insurance companies use. City Manager Cheney answered that the flood maps have been changed by the Federal Government and, in addition, he said, those changes are minimal. City Manager Cheney asked Bud Howell, Building Official, if the new flood maps have virtually no changes in them. Mr. Howell replied that there were very few changes, but there are a couple of areas where they. changed the minimum floor elevation. Vice Mayor Warnke asked the question because his present flood insurance runs $95. If he was 100 feet one way or the other, it would double, so he has a personal interest as to whether or not this is being changed. City Manager Cheney informed the Council that this Ordinance does not change it. He said there were changes made after they did a study; the City has those maps, and they are available. City Manager Cheney added that this Ordinance does not do it. It makes it consistent in continuing with the program. City Manager Cheney further told the Council the map changes that went on last year and that were done in the community where they had hearing opportunities etc. were minimal Vice Mayor Warnke asked if that was more or less up to the Federal Government. City Manager Cheney replied, "Yes." At the request of Mayor Trauger, City Clerk Tereesa Padgett took a roll call vote on the motion: - 28 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman deLong Aye Aye Aye Aye Motion carried 4-0. Proposed Ordinance No. 82-25 Re: Amendment to Appendix A Section 8Ale - M~i Industrial District City Attorney Vance read proposed Ordinance No. 82~25 on first read- ing by title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A, 'ZONING', OF 5HE CITY CODE OF THE CITY OF BOYNSON BEACH SECTION 1, DEFINITION OF TERMS, BY ADDING DEFINITIONS OF THE TERMS FURNI~ ~Ia~JFACITR~ING, ~ STORES AND ~ YARDS AND MILLWORKS; ALSO AMENDING APPENDIX A, 'ZONING', SECTION 8, 'M-1 INDUSTRIAL DISTRICt', 'USES PERM_ISWED' OF THE CITY CODE OF THE 'CITY OF BOYNTON BEACH BY PROVIDING FOR MILLWORKS TO BE ALLOWED IF THEY ARE NOT LESS THAN FIVE HUNDRED (500) FEET FRCM THE RESIDENT/AL DISTRICT AND ~ STORES A~D LUMBER YARDS AND DEr.RTING BOARDING KENNELS, FEED AND GRAIN MANUF~ AND PROCESSING AND TLRE RECAPPING FRCM THE PERMITTED USES OF THE BOYNTON 'BEACH CODE OF ORDi%IANCES; .PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING FOR A SAVINGS CLAUSE; REPEAI.TNG PNDVISION; AN EFI~TIVE DATE AND FOR OTHER PURPOSES." CounCilman deLong moved the adoption of proposed Ordinance No. 82-25 on first reading only. Tereesa Padgett, City Clerk, informed the Council that two people wished to speak on the Ordinance. Councilman deLong said there is no discussion on these Ordinances. There is no public hearing on them. Mrs. Padgett said the people had asked to be heard. Mayor Trauger noted several people asked to be heard on the proposed Ordinance. COuncilman deLong thought that was supposed to be at a 'Public Hearing not at first reading. City Attorney Vance advised that anyone can get up at a Public Hearing but if someone wants to specifically speak on a given item on the Agenda, they are entitled to even on first reading. Councilman .deLong meant those people that applied could speak but-not~.those who jus~ Tome before the Council now. City Attorney Vance advised that just those people who apPlied to speak could speak. Thomas A. Sheehan, Esq., of the law firm of Moyle, Jones & Flanigan, 707 North Flagler Drive, West Palm Beach, Florida, came before the Council and stated he was the Attorney representing the owner and developer of the Boynton Industrial Park North. He was very happy to be here tonight to speak about this. AttOrney Sheehan said this has been carried on for several different Council meetings. Attorney Sheehan was here to speak in opposition to a portion of the proposed Ordinance, which was the one dealing with subsection 20, "Millworks" He said this was one section of this Ordinance that appears to be significantly different in concept from the remainder - 29 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 of the Ordinance. Attorney Sheehan noticed a number of the proposed uses are going to be eliminated, and it is very clear that they really have no economic impact on the City of Boynton Beach. As he understood it, having been at the Planning and Zoning Board Meeting and earlier Council meetings on this, they have generated no interest at all, and Attorney Sheehan said they certainly have no interest one way or another in those parts. With respect to the change in "Millworks", Attorney Sheehan stated it is very clear from the report by the City Planning Staff that this is an economically important activity to the City of Boynton Beach. Also, it appears that there is very little reason to make a change. The report by the City indicates that (Attorney Sheehan ~quoted) "18 homeowners were surveyed who had hOmes either adjacent to or across the street from miltwork operations or lumber yards. Only one homeowner had any complaints concerning millwork opera- tions, and the complaint concerned the fact that the operation sometimes started at 5:00 A. M." Attorney Sheehan thought what they had here was a situation which really did not need any fixingl It was not broke. More important- ly, and the reason Attorney Sheehan appeared tonight was the client he represents has gone through first the purchase of the property, has obtained an industrial revenue bond, an additional Resolution from Palm Beach County, and has gone through the various require- ments to have the property developed and platted as an industrial park all with the purpose for at least using, the~n°rthernmost lot bordering on the canal for the'purpose of constructing a truss plant. Attorney Sheehan said what they have here is the situation of some adjoining property owners at the Planning and Zoning Board Meeting who Stated ~that they were well aware of the fact when they bought_ their property that the adjoining l~nd~was zone~M~i ~o~ tr~ing to, fairly late in the gam~_Change~t~e,.ru~esand trYing to block this.'~ He ~hough~ they were unfairly singling out this piece of property and this particular use. Attorney Sheehan told the Council to look at the proposed uses that would still be permitted such as manufacturing of boats, manufactur- ing of fUrniture, manufacturing of ~ight metal products, which would all be permitted adjoining residential areas with absolutely no buffer area involved. In an effort to try to accommodate ~ome of the concerns of the residents, Attorney Sheehan said they would propose a modification in the Ordinance to read: "A 200 foot boundary rather than a 500 foot boundary." He said that was also in addition to a six foot high cement louvered fence that separates the industrial park from the adjoining homeowners. AttOrney Sheehan also noted that the Ordinance comes before the City council tonight with the recommenda- tion of disapProval by the Planning and Zoning Board.' If he remembered the~.vote~correctly, Attorney Sheehan thought~here was approximately a vote of 4-1 against it. - 30 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Attorney Sheehan asked the Council to recall that at the last meeting where this came up, they had the support of the Boynton Beach Chamber of Commerce on the proposed modification. Attorney Sheehan said they certainly were not trying to totally ignore the homeowners. He has been in touch with Mr. Thompson, who is head of the Homeowners Association, and an agreeable person. Attorney Sheehan said they had no problems on that basis but it is very clear that they simply do not want a truss plant there. In this particular case, Attorney Sheehan informed the Council, 500 feet totally eliminates the use of that property for that pur- pose. The lot simply is not that big, and it was very clear they do not want it there, Attorney Sheehan thought, under any conditions. Attorney Sheehan asked the Council to modify that portion of this proposed Ordinance, to change the boundaries from 500 to 200 feet, and that would serve to accommodate it if, in fact, the Council believes that any change in this is needed at all. He said he would be happy to answer any questions the Council might have. Councilmember Woolley asked Attorney Sheehan how long his client has owned this property. Attorney Sheehan replied that it has been at least two years now. Arnold Thompson, 1307 N. W. 8th Court, Boynton Beach, told the Council he was the "agreeable" gentlemen Attorney Sheehan was talk- ing about, and he found Attorney Sheehan most agreeable too. He said it was too bad Attorney Sheehan was not on their side. What this basically comes down to and since he was a member of the Planning and Zoning Board when the Comprehensive Land Use Plan was adopted, Mr. Thompson wanted to reflect a few minutes upon what his intent was of this part of the Comprehensive Land Use Plan. Under item 20, Mr. Thompson said it does state "Millwork and Lumber Yards". His idea and opinion at that time was something that would resemble ~furniture making or something that would be totally enclosed inside of a building and not something of the extent that is now being planned for this piece of property. Also, Mr. Thompson recalled that the Technical Review Board, during the time of their presentation to the Planning and Zoning Board, stated most emphatically that is ~a Citywide problem and not just a problem that would affect Laurel Hills although, at the moment, it does affect Laurel Hills perhaps more than any other part of the City. Mr. Thompson called attention to the red areas on the map and said the red areas to the south are the present M-1 zoned properties in the City of Boynton Beach. The Laurel Hills area is about halfway down that. He said it was about halfway down that large red area. To the north, Mr. Thompson asked the Council to recall that there are numerous housing developments coming into that area. They have an opportunity at this time for sufficient downgrading from M-1 to Commercial to other designations (multi-family or whatever the case - 31 - MINUTES - CITY COUNCIL BOYNTON BEACH~ FLORIDA SEPTEMBER 8, 1982 might be)-- in other words, as a buffer more substantial than what they do now have in the Laurel Hills area, Mr.'Thompson told the Council. Mr. Thompson did not know whether the Council was familiar with this site in Laurel Hills, but the only thing separating this industrial plant from R-1-A and R-l-AA homes is a six foot high fence. What you have throughout the City separating C-1 and C-2 is a six foot fence, Mr. Thompson informed the Council. He said there is a tremendous difference between a C-1 and a C~2 zoning than an M-1 zoning. Mr. Thompson admitted that Attorney Sheehan was right; when they did purchase this prQperty~'~they~knew that this was zoned M-1. Over the years, many things have developed, Mr, Thompson continued, and they have banned certain obnoxious plants from coming in there. The main one was Rinker, who they stopped from coming into this area. What Mr. Thompson was asking the Council for tonight is not with- out precedent. He thought if the Council would consider this in their decision making that the legal aspects are well substantiated here. Also, what concerned Mr. Thompson the most about this is the fact that although the City may gain certain revenues from the new plant and employment, they are' going to immediately downgrade adjacent homes in that area, reducing that tax base. What tax base this may generate is going to be more than offset by a substantial loss from the tax base that the City is going~to be depleting from the residential area, Mr. Thompson warnedl Another thing that is a great concern to Mr. Thompson and the Members of the Laurel Hills area is the traffic problem and these large trucks from the~truss plant that will be coming out onto N. W. 2nd from Industrial Avenue. Attorney Sheehan also mentioned the Chamber of Commerce's notes on this, that Mr. Robert Foot had here a couple of weeks ago, Mr. Thompson noted. One thing that puzzled Mr. Thompson about this is the consistency of the Chamber of Commerce's remarks. It wasn't but about six weeks ago that the Chamber of Commerce came before the Council ask- ing the Council to deny a parking lot in a residential area near Bethesda Hospital, Mr. Thompson pointed out~ He said if Mr, Foot cares to swap a parking lot for a truss plant, he would be most happy to comply with that. Mr. Thompson called attention to the fact that what Mr. Foot is asking is fine if it does not affect his (Mr. Foot's) neighborhood. If this is the attitude and the leadership of the Chamber of commerce, Mr. Thompso'n would be a little bit reluctant to accept their proposals. Mr. Thompson asked for a 4-0 decision in favor of this Ordinance. Mayor-Trauger asked if anyone else wished to Speak in favor of the Ordinance. Tereesa Padgett, City Clerk, answered that was all. The reason Councilman deLong made the motion was because he was - 32 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER ~8, 1982 concerned with protecting the health and welfare of the residents. He said he made the motion for various reasons. Councilman deLong stated he visited these types of operations. He reiterated that he was concerned with protecting the health and welfare of the residents, and he believed that this type of operation not only has a noise problem but is also a. nuisance as far as he could visualize on account of the visits that he has made. He made visits to several plants and was definitely concerned with the residentS' welfare who live in the contiguous area. Mayor Trauger stated that the Council has, in many times in the past, been presented by large condominium complexes on various things for the protection of their citizens against truck noise or infringement upontheir enjoyment of their property, and the City Council has (as they properly should) acquiesced and done every- thing possible for them. He said th.at here is a small group of individual houses and citizens without the articulation of a large group or pressure coming against the Council. Mayor Trauger thought these individual homeowners, as stated by Mr. Thompson, have a very definite right; and the Council has every duty to pro- tect them. Mayor Trauger agreed with the Ordinance as it now stands. Vice Mayor War~ke was agreeing with-~the concept but he was very, very disturbed about the possible legal ramnificatio~s of changing this M-1 zoning when they have about eight M-1 zoning districts in the City, and thOse peoPle who purchased those pr6Perties in good faith hoped they could use it for various purposes that are now in the Ordinance. Vice Mayor Warnke thought the City might be open for a lawsuit if the Council passes this proposed Ordinance. Councilmember Woolley wished to hear from the City's legal counsel on the very same issue. City Attorney Vance adwised that the City might be subject to litigation in this Particular instance. He recommended that the Council proceed with the study prepared by the Planning Department and make it a part of the record in Connection With reading of the Ordinance at this time. Essentiallv,*City Attorney Vance said that it Was his opinion that~ this City may be exposed to legal action ~n connect~?n w~th the adoption of this Ordinance. He also recommended that the stUdy prepared by the Planning and Zoning Department be ma~e a part of .... re' ' ' ance.' the record in c0nnectlon with the conslde tlon of t~ls Ordln See Councilman deLong said it was a good suggestion becaUse, as was Minutes brought out herA, the Planning and Zoning Board objected. He 9/21/82 recalled that the City Planner (Carmen Annunziato) had recommended that. Councilmember Woolley disagreed, saying the City Planner did not recommend this. She repeated that the City Planner did not recommend that this Ordinance be adOpted. Mayor Trauger agreed with Councilmember Woolley and said the ~!ty Planner did not. As far as Councilman deLong was personally concerned, the City is subject to legal opposition on every Ordinance they make. This is nothing different. Councilman deLong meant that every Ordinance and Resolution that they adopt, they are open to legal for deLong's clarifi- cation of this item. - 33 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 opposition on it. Mayor Trauger remarked, "Attorneys gotta eat too." Councilman deLong commented, "That's why we employ the City Attorney." That Was why Councilmember Woolley was asking City Attorney Vance to advise the Council. She really wanted his personal opinion. Councilman deLong asked City Attorney Vance if he really believed he could successfully defend the City. That was what his "co- colleague on the Council"i..wanted to know, Councilman deLong remarked. City Attorney Vance assured Councitmember Woolley that he can defend anything. Councitmember Wooltey explained by saying she knew City Attorney~ance.could defend anYthing at~leng~.h. She said, "My point is, in your expert opinion, do you think we are wise to enter into this as it stands, with this 500 foot provision where i~ is supposed to be a 200 foot provision or whatever - or the whole thing -or go along with the Planning Department which feels negatively towards this?" City Attorney Vance answered, "That's a judgment call, whether it is a good thing to adopt the Ordinance or not. I am trying to relate to the legal aspects as best I can. On this one, the best I can say and still maintain the best position I can for the long is that in this particular instance, the City may be subject to legal challenge. I don't make that statement too often in relation to Ordinances that you may adopt." Mayor Trauger remarked, "All right. That would be the risk we accept or reject." Councilman deLong commented that he was elected by the people as their representative, and~he abides by their wishes. Mayor Trauger passed the gavel to Vice Mayor Warnke and seconded the motion. At his request, Tereesa Padgett, City Clerk, took a roll call vote on the motion as follows: Vice Mayor Warnke - Nay Councilmember Woolley - Nay Councilman deLong - Aye Mayor Trauger - Aye Tie vote 2-2. City Attorney Vance advised that with a tie vote, the motion failed. Mayor Trauger announced that the Ordinance has failed. Councilmember Woolley asked, "What happens from here?" City Manager Cheney answered that it failed first reading. Mayor Trauger commented that it would come up for a second reading. City Manager Cheney disagreed, saying that it is dead. You cannot have a second reading unless it passes the first reading, City Manager Cheney advised. Councilmember Woolley again asked, "What happens from here?" Mayor Trauger replied that it reverts back to the conditions without the Ordinance. City Attorney Vance agreed with Mayor~Trauger's statement. City Manager Cheney explained that it is a dead issue now unless it is revised again in some way. Councilman deLong said the status quo remains. MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Proposed Ordinance No. 82-26 Re: Land (18-45S-43E and 19-45S-43E) Corp.) Annexation of 65.80 Acre Tract - Congress Lakes PUD (Riteco of City Attorney Vance read proposed Ordinance No. 82-26 by title only, on first reading: "AN ORDINANCE OF THE CITY CDUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINOORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO 5~qE CITY LI~fITS WITHIN PALM BEACH OOU57i~ AND THAT WILL UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY PURSUANT TO'A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATIC~ PURSUANT TO SECTION 7.(32) OF THE .CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND FLORIDA STATUTES 171.044; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SI~3L~SLY HEREWITH; REPEALING ALT. ORDINANCES OR PAR~S OF ORDINANCES IN CONFLICT HEREWITH; PBOV/DING A SAVINGS CLAUSE; PROVIDING FOR ADVE~ISING; A~D AN EFF~CT~ DATE; AND FOR OTHER PURPOSES." Councilman deLong moved, seconded by Vice Mayor Warnke, to adopt proposed Ordinance No. 82-26 on first reading. Mrs. Padgett took a roll call vote on the motion, as requested by Mayor Trauger: Councilmember Woolley Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Motion carried 4-0. Proposed Ordinance No. 82-27 Re: Annexation of 112.68 Acre Tract of Land (18'45S-43E and 19-45S-43E) - Congress Lakes PUD (Riteco Corp) City Attorney Vance read proposed Ordinance No. 82-27 on first reading, by title only: "AN ORDINANCE OF THE.CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF IAND THAT IS CONTIGUOUS TO THE CITY' LI~ITS WITHIN PALM BEACH ~OUNTY AND THAT W]V,L UPON ITS ANNEXATION, CONSTITUTE A REASONABLY C(/V~ ADDITION TO THE CITY TERRITORY PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION 7 (32) OF STATUTES 171.044; FROVIDING THAT.. THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SI-TLAT,T, BE ~ /1~ SEPARATE ORDIND~CES TO BE PASSED SIMULT~SLY HEREWITH; REPEALING ALL ORDINANCES OR PA/~S OF ORDINANCES IN CCNFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; A~D AN EFFECTIVE DATE; AND FOR fIfHER PURPOSES." - 35 - MINUTES ' CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Councilman deLong moved the adoption of proposed Ordinance No. 82-27, seconded by Councilmember Woolley, on first reading. Councilman deLong commented that he thought the City was "missing the boat" on a lot of this annexation up in the northend of the City, particularly on Congress Avenue, where the City does not try to make provisions of getting some land for a future fire substation. He thought the City should use this in its planning because eventually the City will have to have a fire substation in that neighborhood. Councilman deLong emphasized that the time to plan is now. He said that is what they used to do in the past, and he wished to have this passed on to the City Manager to have the staff consider this. Mayor Trauger asked how they would get the land. City Attorney Vance explained that sometimes developers desiring of annexing'into cities "generously make donations". Councilman deLong referred to three fire stations at Boca Raton and said the City could do the same as other municipalities. He said the City Planner could take care of it and, as City Attorney Vance told the Council, Councilman deLong said the developers are most willing. At Mayor Trauger's request, Mrs. Padgett took a roll call vote on the motion: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Aye Aye Aye Aye Motion carried 4-0. Proposed Urdinance No. 8'2~-28 Re: LOt Clearing City Attorney Vance read proposed Ordinance No. 82-28 on first reading, by title only: "AN ORDINANCE OF THE CITY ODLEqCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 10, 'GARBAGE, TRASH AND OFF~qSIVE CONDITIONS~, SECTION 10-2 'LANDS TO BE KEPT FREE FRDM TRASH OR FILTH' OF THE CITY CODE OF THE CITY OF BOYNTON BEACH, BY ENLARGING THE DEFINITION OF NUISANCE AS ~RATED WITHIN CHAPTER 10; REPEALING AT.T. ORD~CES, OR PAt{PS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIE~Y; PROVIDING AN~ EFFECTIVE DATE; AND FOR OTHER PIFRPOSES." Councilman deLong moved the adoption of proposed Ordinance No. 82-28 on first reading only, seconded by Councilmember Woolley. Councilman deLong believed at the time of the second reading the City Manager would supply the Council with the same information which he did on this occasion, giving the Council the cost in other Cities so that they can make a comparison at that time. He said it was good information to have because Boynton Beach is still the lowest around here. - 36- MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Vice Mayor Warnke was a little concerned about the logistics of this thing and was hoping City Manager Cheney would come up with some of the problems he is concerned with etc. For instance, in his own particular lot, Vice Mayor Warnke said he would have to call the City every week to pick up trash on a special pickup. Vice Mayor Warnke reiterated that he was a little bit concerned about the logistics. Mayor Trauger asked What Vice Mayor Warnke meant by calling them every week. Vice Mayor Warnke replied because he has-that much trash that they pick up now on a two week basis. He informed Mayor Trauger that he generates that much trash every week. City Manager Cheney advised that if you generate a large amount every two weeks, you are going to generate theoretically a 1/4 of that amount every pickup day for the two week period. If you don't, City Manager Cheney said they would go to a special collection or a special call for ~im. City Manager Cheney further said that basically, they get those large piles around the City that sit there for two weeks in a row, and that is what they want to get rid of. Hopefully, City Manager Cheney continued, the City will have less in most places because they will come out every two or three days. If Mayor Trauger understood it correctly, this is the one where they were also talking about where they would pick up the trash and garbage together. City Manager Cheney said that is correct. That was what Mayor Trauger had been reading and hoped this was doing. City Manager Cheney said this is rHacting to complaints and problems the City had earlier relative to clearing of heavy natural growth adjacent to developed residential property. He said they are suggesting in the Ordinance, which will be at the Public Hearing next week, that by policy the Council will agree that 50 feet of every developed residential property should be cleared even though traditionally the City might have considered that a heavy burden for that vacant lot owner or natural growth. City Manager Cheney said that did not mean to cut dOwn all the trees but to at least clean the under brush so that you can see in there, and the snakes, etc. do not come out. He referred to a question that came up here awhile ago when two folks who live down in the-_S. E. 31st area where there is that great big vacant piece of land on the east side of Seacrest that just sits there. City Manager Cheney said that was where they had some concern. Councilman deLong asked if there was any way they could get around the procedure of having to write and wait so many days. He did not think they did that in every city. City Manager Cheney replied, "Not if we are going to send them a bill for it! We can- not send a person a bill unless we write them and tell them." Councilman deLong asked if there was any possible way to expedite it. City Manager Cheney continued by saying the City has many people who are on a permanent mowing list, who have written the - 37 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 City and said, "Whenever you think it is necessary, do it." City Manager Cheney said the City does it about two or three times a year, but they have many people who do not do that. Those people according to the City's Ordinance, the Statute (City Manager CheneY thought), property rights, and everything else, cannot be sent a bill and the City put a lien on their property without that procedure. He informed the Council that the City spends hours sending those letters out, but they have to do it. A roll call vote was taken on the motion by Mrs. Padgett, at the request of Mayor Trauger: Vice Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman deLong Aye Aye Aye Aye Motion carried 4-0. Proposed Ordinance No. 82-29 Re: Amend Chapter 10, Article II of City Code ~Re:' Refuse, Garbage &' Trash ~ City Attorney Vance read proposed Ordinance No. 82-29 on first reading, by title only: "AN ORDINANCE 'OF THE CITY COUNCIL OF THE Cl~f OF BOYNTCN BEACH, FLORIDA, ~G ARPICLE II, 'REFUSE, GARBAGE AND TRASH', OF CHAPTER 10, 'GARBAGE, TRASH AND OFFENSIVE ODNDITIONS'; AND" · ENACTING A NEW ARTICLV. II~. _~REFUSE, GARBAGE AND. TRASH', OF. CHAPTER 10, 'GARBAGE; TRASH'AND ~SIVE' CONDITIONS:;r PRf~ V/DING DEFINITIONS; PNDVIDING FOR~ FEE ~SCHEDULE; PROVIDING FOR A SAVINGS CIAUSE; REPEALING AIL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFEC~ DATE AND FOR OTHER PURPOSES;" Councilman deLong moved the adoption of proposed Ordinance No. 82-29 on first reading only, seconded by Councilmember Woolley. No discussion. Mrs. Padgett took a roll call vote on the motion, at the request of Mayor Trauger: Vice Mayor Warnke Councilmember Woolley Councilman deLong Mayor Trauger Aye Aye Aye Aye Motion carried 4-0. Resolutions Proposed Resolution No. 82-GGG Re: Designate a. representative to Metropolitan Planning Organization City Attorney Vance read proposed Resolution 82-GGG by title only: - 38- MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 19 82 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTCN BEACH, FLOP~IDA, DESIGNATING THE CITY'S REPRESENTATIVE TO THE POLITAN PLANNING ORGANIZATION AND FOR OTHER PURPOSES." Councilman deLong moved the adoption of Resolution No. 82,GGG. City Attorney Vance advised the Council they needed to insert a name. Mayor Trauger said they were going to insert the name of Vice Mayor James R. Warnke. Councilmember Woolley seconded the motion. No discussion. Mrs. Padgett took a roll call vote on the motion, at the request of Mayor Trauger: Councilmember WoolleY Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Motion carried 4-0. City Attorney Vance informed everyone that the next two Resolutions are in relation to a previous Annexation Ordinance which was already adopted. Proposed Resolution No. 82-HHH Re: Requesting Concurrence from Palm Beach County Board of County Commission for Annexation - Point Manalapan DeVelopment Corp. City Attorney Vance read proposed Resolution No. 82-HHH by title only: "RESOLLr~ION OF THE CITY OF BOYNTON BEACH, FLOR/DA, REQUESTING FLORIDA .STATUTE ~171.062 TO..~REZC~E A CERT~ t~DRTION OF A PARCEL. OF LAND'EEING ABle, f SD TO THE CITY OF BOYNTON BEACH FRf~4 THE COUNTY ZONING CLASSIFICATION R-S (SINGLE F-AMTLY RESIDENTIAL) TO THE CITY ZONING CLASSIFICATION OF P.U.D. (PLANNED UNIT DEVELOP- MENT) WITH LAND USE LNTENSITY (L.U.I.) OF 5,0 AND FR~4 COUNTY LAND USE QF LOW-MEDIII~ DENSITY RESIDe/AL TO CITY LAND USE CLASSIFICA- TION OF ~ DENSITY RESIDENTIAL AND ~ PORTION OF A PARCEL OF LAND BEING ANNEXED TO THE CITY OF BOYNTON BEACH F~ THE COL~Yt~ ZONING CLASSIFICATION OF R-S (SINfU.R FAMYI,Y RESIDE~F/AL) TO THE CITY ZON/NG CLASSIFICATION OF P.I.D. (PLANNED /~DUSTR/JIL DEVELOP- M~NT) AND FROM ~ LAND USE DESIGNATION OF LOW-MEDIUM RESI, DENT/AL TO CITY lAND USE CLASSIFICATION OF INDUSTRIAflL." Councilman deLong moved the adoption .of proposed Resolution No. 82-HHH, seconded by Councilmember Woolley. No discussion. A roll call vote was taken by Mrs. Padgett, upon request by Mayor Trauger: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Aye Aye Aye Aye Motion carried 4-0. - 39 - MINUTES- CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Proposed Resolution No. 82-III Re: Requesting Concurrence from Palm Beach County Board of County Commission for Annexation - Congress Lakes PUD (Riteco Corp.) City Attorney Vance read proposed Resolution No. 82-III by title only: "RESOLUTION OF THE CITY OF~BOYNTON BEACH, FLORIDA, REQUESTING PERMISSION F~ THE BOARD OF COUNTY CC~Z~_ISSIONERS PURSUANT TO FLORIDA STkTUi~ 171.062 TO REZONE LAND BEING ANNEXED TO THE CITY OF BOYNTON BEACH FRC~ THE COUNTY ZONING CLASSIFICATION A-G (AGRICULTURAL) TO THE CITY ZONING CLASSIFICATION OF P.U.D. (PLANNED UNIT DEVELOPMENT) WITH LAND USE INTENSITY OF 5.0 L.U.I. AND FRf~ COUNTY LAND USE OF MEDIUM TO MEDiI/Z-HIGH D~SITY RESI- DENTIAL TO CITY LAND USE CLASSIFICATION OF HIGH DENSITY RESI- DENTIAL." Councilman deLong moved the adoption of proposed Resolution No. 82-III, seconded by Vice Mayor Warnke. No discussion. Mayor Trauger requested Tereesa Padgett, City Clerk, to take a roll call vote on the motion, as follows: Mayor Trauger ViceMayor ~arnke Councilmember'~Woolley Councilman deLong Aye Aye Aye Aye Motion carried 4-0. Proposed Resolution No. 82-JJJ Re: in Regional Study of OCean OUffall Boynton Beach Participation City Attorney Vance read proposed Resolution No. 82-JJJ by title only: "A RESOLUTION OF ~ CITY OF BO~ BEACH, FLORIDA, AUTHORIZING THE CITY OF BOYNTCN BEACH STAFF TO PARTICIPATE WITH THE M/3kMI DADE WATER AND S~ AUTHORITY IN A PROGRAM TO PREPARE AND SUBMIT APPLICATIONS FOR 301 (h)~ VARIANCES AND TO AUTHORIZE THE MIAMI DADE WATER AND SEWER AI~/4ORITY TO SRLVCT THE CDNSIILTING ENGINEER TO ASSIST IN THE PREPARATION OF SAID APPLICATIONS." Councilman deLong moved the adoption of proposed Resolution No. 82-JJJ, seconded by Councilmember Woolley. City Manager Cheney commented that this addresses the issue of the ocean outfall changes in standards that they talked about. In essence, City Manager Cheney advised that this is that the City is going to go ahead in a cooperative effort where they are authorizing Miami Dade to go through in consultant negotiation selection process in which the City will participate, and then they Will~.work ~out a contract and contract prices which they will bring back to the Council for the Council's approval. City Manager'Cheney said this is a study that it is easier - 40 - MINUTES - CITY COUNCIL B©YNTON BEACH, FLORIDA SEPTEMBER 8, 19 82 one organization in Dade that has agreed to do it. (He said it is a big one with the greatest amount of people.) City Manager Cheney further informed the Council that the other four communities will join in; they will select a consultant to do the studies that are necessary to make a determination as to whether or not the change in treatment standards relative to ocean out- falls will or will not negatively affect the ocean environment. If it will not affect the environment, then the City will be able to go on to the next step with applications to EPA and DER. City Manager Cheney advised the Council. that you cannot come to that conclusion without this study. COuncilman deLong did not believe Delray Beach had any problem with odors when they had the outfall. It is only when you have the treatment. Mayor Trauger called attention to the fact that Delray does not have it out there either. Mayor Trauger asked if the cost involved in the study would be a charge the City places back against the charges for the operation of the South Central Waste Water Treatment Plant or not. City Manager Cheney replied that it is probably a study which will be needed here. City Manager Cheney said it would probably be easiest if each City would take its own share~of'the cost because if they didn't, they would each be paying their own share of putting in the plant and sharing in it anyway, so it would probably be easier if they just go separately. He hoped Delray would do it. City Attorney Vance believed there are some eleven cities. City Manager Cheney advised that there are six ocean outfalls with a total of four communities. Miami - Dade, Broward, Hollywood, Boca Raton, Delray and Boynt~on form the six, City Manager Cheney told the Council. At one time several months ago, Vice Mayor Warnke said he was "dead set" against this type of thing. After a lot of homework and talking to Dr. McAllister, rm Perry~Cessna (Director of Utilities), and a lot of knowledgeable authorities, Vice Mayor Warnke found out that this in no way is going to affect the environment detrimentally. Therefore, Vice Mayor Warnke wished to go along with the proposed Resolution. Mayor-'Trauger requested Mrs. Padgett to take a roll call vote on the motion, as follows: Vice Mayor Warnke Councilmember Woolley Councilman deLong Mayor Trauger Aye Aye Aye Aye Motion carried 4-0. City Attorney Vance commented that when he filed the ocean outfall suit against the Town of Palm Beach, he used Dr. McAllister as an expert witness and was very impressed by him. Mayor Trauger asked - 41 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 if he won the case. City Attorney Vance replied that he did. Proposed Resolution No. 82-KKK Re: Adopting Racquet Center Membership and Fee Schedule for Congress Avenue Community Park of Boynton Beach City Attorney Vance read proposed Resolution No. 82--KKK by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~F BOYhYiI/~ BEACH, FLORIDA, ADOPTING THE RACQUET CENTER MEMBERSHIP AND FEE SCHEDIILE FOR THE CONGRESS AVENUE CC~MUNITY PARK OF BOYNTON BEACH, A MUNICIPAL RACQUET CEhYI~R." Councilman deLong ~moved the adoption of proposed Resolution No. 82-KKK, seconded by Councilmember Woolley. In review of the RegistratiOn for Membership and Fee Schedule, Councilman deLong noticed under "Daily Fees" there were no figures there. He asked if they would have to add fees or if they would arrive aH that later. City Manager Cheney answered, "No. It is Adult $3 a person, Junior $1 a person." He pointed out that it said effective October 1. City Manager Cheney advised they will give people a month's grace period in there until the "thing" opens, so the City may only have eleven months this year. He added that they are getting a new facility. A roll call vote was taken on the motion by Mrs~ Padgett, at the request of Mayor Trauger: Councilmember Woolley Councilman deLong Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Motion carried 4-0. Other 2. Response to Sign Ordinance QueStion City Attorney Vance informed the Council that he submitted a memorandum which'he believed was self-explanatory. He wished to have the language reviewed by E. "Bud" Howell, Building Official, and Carmen Annunziato, City Planner, prior to doing any draft- ing, assuming the Council finds that approach suitable. Councilman deLong looked at the memorandum from City Attorney Vance to the Mayor and City Council, and it sounded pretty good to him except in (b): "It shall be unlawful to continuously park, in excess of two (2) hours, in the same parking space..." The only substitution Councilman deLong would put there would - 42 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 be parking area because you can move it from one space to another in the same parking area, and it would not be a violation. City Attorney Vance said they would consider it. The problem is, City Attorney Vance explained, he has to have a standard that he can define in his legal viewpoint, and also, something that can practically be enforced. Councilman deLong's only remarks were that in the event it is go- ing to be used, it would be areas instead of space. He told City Attorney Vance he is the Attorney and should draft it in the way he thinks. Councilman deLong commented that he is the layman. Councilman deLong complimented Vice Mayor Warnke, saying he was "on the ball" whith this recommendation. Councilman deLong moved to instruct the City Attorney to prepare the appropriate Amendment to the Sign Ordinance and follow through with Bud Howell, Building Official, and Carmen Annunziato, City Planner. The motion was seconded by Councilmember Woolley and carried 4-0. Report on Security and Limitation on Use of Cemetery Fund City Attorney Vance submitted a memorandum that he felt was explanatory. Councilman deLong asked if he felt what the City now has on the books is adequate in comparison to the unanimous recommendation made by the Cemetery Board. City Attorney Vance replied that it gets to be a policy decision. He explained that what the City has now is an Ordinance that says that the monies collected shall be spent for maintenance, etc. As City Attorney Vance indicated in his memorandum of September 3, 1982, in theory, any three Members of the City Council could initiate and adopt an amendment to that Ordinance that would permit use of the monies for something else- Councilman deLong pointed out that this is what the Cemetery Board is strictly opposed to. City Attorney Vance replied, "Yes sir." Councilman deLong asked, "Can't we tailor an amendment to that particular Ordinance coinciding with the unanimous recommendation of the Cemetery Board?" City Attorney Vance answered, "Yes sir. It is my opinion that the Ordinance itself would need to be amended to provide the method that if one wants to really tie that money up with respect to maintenance of the cemetery, the most practical method would appear to be the establishment of a perpetual trust. That is not authorized by the present Ordinance." Councilman deLong moved to take the advice of the City Attorney (as City Attorney Vance appeared to COuncilman deLong to know just exactly what the Cemetery Board is recommending) a~d instruct the City Attorney to "come up with" the appropriate Amendment. Vice Mayor Warnke seconded the motion. - 43 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Vice Mayor Warnke asked if the Cemetery Board then would be the Trustees of that Trust. City Attorney Vance replied that this was probably one of the areas where one of the other Members of his law firm was more familiar with trust instruments than he. He wanted to prepare the appropriate form of Trust and then do the amending because if he amends now, he might leave out something that he may need to have in the Ordinance in order to prepare the appropriate fo'tm of Trust. City Attorney Vance hoped that made sense. He added that this might take a little while, and he may not be able to have it for the next meeting. Vice Mayor Warnke called attention to the fact that every year all of these Boards change around. He felt it would be more appropriate to have Trustees set up more in perpetuity than changing every year. City Attorney Vance said that was something they would have to consider in the process of drafting the Trust instrument. He stated that ~it might be something where they would utilize perhaps the same approach that the City has in the Fire and Pension (perhaps make the City Manager, Mayor or Vice Mayor Members whenever they are elected and also have some Members from the Cemetery Board). City Attorney Vance said it would be something that would require a little bit of thought, he believed. Councilman deLong believed it was a step in the right direction and that they wanted to safeguard those funds, as they have a sizeable fund there. He imagined they were vested. City Attorney Vance stated, "Yes." Councilman deLong advised that they should be protected with perpetuity. Mayor Trauger agreed. A vote was taken on the motion, and the motion carried 4-0. Consider Appeal of Decision' on VSH' Realty (Cumberland Farms) As the Council was aware, City Attorney Vance reminded them that the Circuit Court ruled against the City on the VSH suit and authorized the plaintiff to utilize the second site plan which was denied by the City Council. Upon reviewing the record that the City has plus the final Order and, in particular, the paragraph in the Judge's~Order, which Attorney Vance Said he would read very rapidly, City Attorney Vance recommended that the City appeal this decision. He said the Court itself, on page 2 of its Order said: "The Plaintiff is now before the Court on a t~D-count Amended Cc~plaint seeking declaratory relief. This Court is strongly moved that the proper procedure, and perhaps the sole procedure, was con,on law certiorari filed within thirty days frc~ the Council decision. It is clear that the filing date of the declaratory relief actic~ is beyond the original decision thirty- day period. The declaratory relief action alleges unoonstitutional activities by the Council in the application of the Ordinance as the basis for obviating the necessity of a certiorari review." - 44- MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 City Attorney Vance commented that the Court then proceeds apace without really answering that paragraph, and his firm feels that they have the basis for a legitimate appea~. As a matter of fact, City Attorney Vance said they are almost invited~to~make it based upon that. Vice Mayor Warnke asked if the appeal would be based on the error. City Attorney Vance answered, "Yes sir." CoUncilman deLong attempted to make a motion but was informed by Tereesa Padgett, City Clerk, that two gentlemen wished to speak. George W. Thomas, 1117 Lake Terrace, Leisureville, stated that there was a group with him tonight and they, as a group, wanted the City Council to know that they appreciate the situation in which the legal action has placed the City. They appreciated the forthright manner in which the City has spoken on their behalf. Mr. Thomas said their concern is that they are directly across the line, to the east of the VSH property. Mr. Thomas was sure that'the group would like to give the Council a round of applause for what they have done for his group so far. (The group applauded.) Mr. Thomas said too that he felt the council did what they did not because (as someone implied) they had the "gray beards" from Leisureville on their backs. They believed the Council did what they did because they felt it was the right thing to do and that the Council had the right to do that, as they ~ interpret the reading of the Ordinance on the zoning regulation. If they have the right to deny becauss such a variance will be injurious to the area involved, or otherwise, just a matter of public welfare, so then, ~{r. Thomas' group'~s~opiniOn_was that the Council took a flack on matters which they had every right to rule in behalf of the people, and they appreciate it. Mr. Thomas passed up some of the comments he had of hiS~own personal feelings about the Court's viewpoint on the whole matter. Mr. Thomas said they were very much encouraged about what City Attorney Vance had just said. They thought with the principles involved here, the Council could take cognizance of those things that will be injurious to certain sections of the community through the action of a petitioning body that may have "crossed all the Ts and dotted all the Is", and still the net effect of it will be to wreak an injury on their neighbors. Mr. Thomas said his group believed the Council's position is correct. Mr. Thomas urged and beseeched the Council to maintain their position. They recognized that these things do cost money because ~something beyond their situation (they think) is involved. Mr. Thomas again thanked the Council for the opportunity .to come before the Council. James Torbit, 2399 So W. llth Avenue, BoYnton Beach_came ~rw~rdand~ :~S President of the Board of Directors of the Palm Beach Leisureville Association, stated that Mr. Thomas probably said it all. He said all he could do was reiterate Mr. Thomas' thoughts. - 45 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Mr. Torbit pointed out that this was one of the first problems that he became involved in when he became a Member of the Board of Directors of the~Palm Beach Leisureville Association. He followed it very closely because he became quite interested in it. Mr. Torbit stated that it was rather difficult for his Association to see why Cumberland Farms keeps insisting on coming up with an arrangement which is in violation of What they feel is the right thing to do here. He said it certainly does not enhance their reputation at all in Leisureville. As Mr. Thomas said, Mr. Torbitt repeated that they certainly do appreciate the Council standing · up and voting against this.~to try and keep Cumberland Farms from having this arrangement which the Association does not like. Mr. Torbit congratulated the Council and City Manager Cheney on the very successful 'completion of the bond issue. He thought it was wonderful. Councilman deLong moved to accept the recommendation of City Attorney Vance and appeal the decision on VSH Realty (Cumberland Farms). Councilman deLong said this as a representative of the people, listening to their voices, and wishing to protect their health and welfare. He said they were going to have deliveries where they are going to locate it now, and it is definitely going to be a nuisance and a noise problem. Councilmember Woolley seconded the motion for discussion. The only concern Councilmember Woolley had was pointed Out by the Assistant City Attorney (James Wolf) to her. She asked if the City was considering the lesser of two evils in this situation. If the City appeals this and loses, Councilmember Woolley asked, "What is the final outcome? The site is still going to go in. It is going to go in on the west side, as I understand it, if we were to win. Am I correct?" City Attorney Vance replied, "Yes." Councilmember Woolley commented that this has. gone on so long, she kind of lost contact with all of the details. If the City were to have accepted the modified site plan, according to Assistant City Attorney James Wolf, Councilmember Woolley advised there would have been a wall built with trees, irrigation, and soforth and so on, making it look somewhat aesthetically present- able to that side of Leisureville. This is where Councilmember Woolley was quite confused on this. If memory served him correctly, Councilman deLong recalled they first presented the plans, then the City negotiated, the people came in, and it seemed to him that was the end of'it. Councilman deLong said this outfit was more or less acceptable or agreed upon, and the next thing, they come back with the original plan again. As Mayor Trauger recalled, they did, at the end, come to a negotiation that if they elected the second plan approved, they would put up a wall, a hedge, a tree, and all those things. MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 That was what Councilmember Woolley was trying to say. If the City were (Heaven forbid) to lose that after all this.time and effort has been spent on this, Councilmember Woolley pointed out that then they would not be required to put in any wall, any tree, any plantings, Qr anything. "When it is time to approve their plans over ~ith recommendations, wouldn't, we have some control it at that time?" City Attorney Vance believed that there are some plantings, etc. in connection with the presently approved plan. CouncilmembCr Woolley asked about the wall. City Attorney Vance answered, Frankly, I don't know." He asked if City Planner Carmen Annunziato .was still in the audience. City Manager Cheney advised that there is no wall in the presently approved plan. Councilman deLong asked what the Ordinance says about wall separations. That was wh~t concerned Councilmember Woolley. If the City is truly looking out for~ the people, she asked if this would not be better. She meant wasn't the modified site plan better. Council- member WoolSey asked if the modified site plan was completely out of the question. City Attorney Vance a~ised that was a settlement Qffer that was presented to Council and turned down by them perhaps two months ago.. ~ Mayor Trauger asked who turned that down. Councilmember Woolley remarked, ,,No matter. That is j'ust strictly out of the uest~on." City Attorney Vance did not know what the position of th~'plain tiff,-fi~'-~in that respect.' He was merely recommending an appeal based upon the record the City haS and the Final Judgment that was entered. Councilman, have some c~ there are c, Councilmemb~ Attorney Ji~ grab it, be, that there ~ graffiti wr~ ~eLong stated that it appeared the City would still )ntrol when a plan is submitted. He pointed out that ~rtain requirements that they would have to provide. ~r Woolley specifically remembered Assistant City ~ Wolf telling her something about this was a good plan; ~ause the end result (if it does not go through) is is still going to be a building there. If there is ~tten on the side of the wall, Which there generally is and is bound to be on a wall like this, Councilmember Woolley pointed out that at least you would not be able to see it if you had a wall, trees, planting, etc. Anyway, Councilmember Woolley said she was very confused and she wanted to clear up that point. Councilman deLong remarked that he was confused too now. He asked Councilmember .Woolley if Attorney Jim. Wolf told her that the plan that they wanted and they went to Court over was a good plan, Councilmember Woolley answered, "The~modified-site plan, which they came back with." City Attorney Vance thought the confusion results in the words, "modified site plan", but the settlement offer that they made was turned down by the City Council. - 47 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Councilmember Woolley told City Attorney Vance he was right. She commented, "Settlement Offer." City Manager Cheney said that was the one that had the wall. Carmen Annunziato, City Planner, came forward and advised that neither the plan that was approved nor the plan that was denied had a wall. It was the proposed that contained a wall as a negotiating item. Councilman deLong again asked if the ordinance provides for a wall. Mr. Annunziato replied, "No sir. They abut commercial property." City Manager Cheney pointed out that the settlement offer is not before the Council. Councilmember Woolley commented, "So that is out." City Manager Cheney r~plied, ',Unless it came before you again, but it is not before you now." Mayor Trauger said it had bec accept the recommendation of Cheney and appeal. A vote motion carried 3-1, with CouI motion. Items requested by CouncilmaI Councilman deLong reported tt ~City that are concerned about the City is going to become. Annunziato, City Planner, an~ if it is fully developed'und~ the Council they would have a about 65,000 people. He said the size of the City. ~n moved and seConded that the Council the City Attorney and City Manager Ls taken on the motion, and the Lcilmember Wooltey voting against the Joe deLong Let there are quite a few people in the the western boundaries and how big He discussed this with Carmen under the present land use plan, ~ residential, Councilman deLong told population somewhere in there of a lot of people are concerned about What Councilman deLong wante~ to do'at the present time was to move to'have the City AttorneY and the City Planner and staff make a complete study and forward to the City Council just exactly what the benefits would be, using two different boundaries, and let the p~ople themselves decide by referendum, He wanted to select one - the w~st side of Lawrence Ro&d ' and let them give the Council the information of what that would entail. Then if you go out as far as Military-Trail, Councilman deLong continued, they should give a report on just exactly what that population would be and how much non-conforming~ "stuff" they Would be taking into the City and how many pockets they would have out there and people object- ing. If the City does intend to go in that direction, Councilman deLong pointed out that it is going to cost the City a terrific amount of money in different services that the City will have to provide. Councilman deLong said people in the City are concerned, and they feel as though they should have some say as to what the size of the City is going to be. They do not want a metropolitan area. Councilman deLong commented that he mingles with the people and - 48 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 that is what he learned. He thought it was the Council's responsi- bility to present something to the people and let them decide how large a City they want. Vice Mayor Warnke was completely in agreement with Councilman deLong but he wondered. He referred to the City of Boca Raton trying to put a cap, and it was .defeated in the Courts. Council- man deLong informed him that the City would not be putting a cap on it. Vice Mayor Warnke stated he would like to put a cap on it. Councilman deLong advised that they were establishing the boundary lines. If Vice Mayor Warnke had his way, he would put a fence around and let nobody in unless somebody moved out. Councilman deLong told the Council we have a boundary line on three sections of our City (North, South and East). Vice Mayor Warnke asked if Councilman deLonq wanted to set the City limits and not go beyond that. Councilman deLong answered, "Let the people decide. Give them a choice. Go as far as Military Trail if they want to, or they can go this side of Military Trail and establish, at least, two different limitations. Vice Mayor Warnke added, "With no more annexations beyond that." Mayor Trauger asked the Council to recall that almost six or seven months ago, he believed the Council instructed Carmen Annunziato, City Planner, to prepare all of the information concerning areas to the western development. Then they met with that very suggestion, and some doctor out there really got excited and thought the City was. trying to do something to him. He (the doctor~ came in and "blew his lid." Mayor Trauger believed they had most of this part of this information but he agreed with Councilman deLong to draw the lines. Councilman deLong reiterated that they have a lot of people who are very much concerned with the tax base. He said the City is going to get so much funds-if they annex out there. Councilman deLong asked what they were going to do. They are going to get a lot of pockets, and the "stuff" they annex has nothing in conformity with what the City's Codes are, and they will bring in a lot of stuff that is non-co~nforming, Councilman deLong warned. Mayor Trauger told Councilman deLong to be careful as he was saying they are not very igood out there. From the information he gets-a~d the inquiries~~ C0uncilman~deLong tho~ht..%he-~peopie'-in this City feel as though they have a right to decide how large a City they want, and he would move in that direction. Councilman Warnke stated it was said somewhere, "If bigger was better, New York would have lower taxes." Councilman deLong moved that two boundaries be presented to the people for referendum. He said they would give the people the pros and cons of both the boundary lines. Councilman deLong sai~ of course, they understand that when they get down and around Hunter's Run- and~arwick Road. - 49 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Vice Mayor Warnke seconded Councilman deLong's motion. City Attorney Vance if they were treading legally. He asked Councilman deLong answered that it means the City Attorney and the City Planner will work it out. City Manager Cheney suggested that for the'purpose of.a study, it might make sense for the Council to instruct them to do a study of those two boundary lines, and let them come back With a study and .a conclusion. "By the way," City Manager Cheney continued, "there are some new programs that are available out of the state which make a computer analysis of this kind of thing." At that time, City Manager Cheney told the Council they could make a judgement of whether they.want to go the referendum route. He asked, "Why not leave the referendum issue out of the question now because that, I am afraid, may cause some confusion." City Manager Cheney stated~ you get the study tied up with those people who believe or don't believe in a referendum. Therefore, he asked, "Why not do the study and then have a motion later on as to whether or not you want to put it to referendum." That was what Councilman deLong meant, but he wanted to specify that when the study is made that the Council then will make a decision as to what will go for referendum. He Wanted to let the people know that they will have a vote. City Manager Cheney reiterated that he had the feeling that making the commitment for a referendum now can confuse and complicate the individuals re- actions to the study. COuncilman deLong pointed out that they do not want a referendum drafted now. What they want is a study as to what they will have to present to the people for a vote. City Manager Cheney added, "if you decide to do that." Councilman deLong said that would be another procedure at that time. Mayor Trauger did not like to use "referendum" at this time. City Manager Cheney wished to clarify that it separates the issue. He said the issue is extremely valid and no one could argue about doing studies about where the line ought to be. The second issue is arguable. Councilman deLong assured City Manager Cheney that he was not recommending referendums~now. City Attorney Vance concurred with City Manager,Cheney's recommendation. Mayor Trauger repeated'the motion. A vote was,taken on %he-~tion, ~nd the mQtion~car~!ed 4-0~ Councilman d~Long sai~ all of .the~tax~ base is not going to.~be broadened~~ He, told'them not to-worry that- it would cost them a lot of money. Councilman deLong had an example of how long it would take to get some money back for what they would have to lay out. Mayor Trauger bet it'would be approximately eight years before it would happen. OLD BUSINESS Consider Matters Related to Ocean Ridge Review of Beach Renovation Proposal Mayor Trauger noted that they heard the ~ublic hearing on that and now they had a Memorandum prepared by City Manager Cheney and the - 50 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Memorandum of Charles C. Frederick, Recreation & Park Director. City Manager Cheney felt that when he goes back to Ocean Ridge in a couple of weeks he is expected to make some comment about the three issues which he put before the CoUncil. He said they may not be directly related to the beach but they are items which are of interest to the Members of the Planning and Zoning Board. How they use these items relative to their decision on the beach, City Manager Cheney did 'not know. He said they had raised some ques- tions about the concession stand and suggested that possibly there be some assurances that the concession stand and management and litter control and those kinds of things can be specifically addressed. City Manager Cheney said that might make the stand more acceptable. City Manager Cheney called attention to the "good memorandum" that Mr. Frederick presented with some things they could do. .City Manager Cheney was suggesting that the Council would concur that they will do those, as those things are appropriate. He noted that some could be done now and some could be done when they do the renovation. Assuming that the Council would agree on that, City Manager Cheney said that was what he would report. City Manager Cheney told the Council that they had already tabled and reconfirmed their position relative to the beach restoration project that Joe DeGange (Town Manager of Ocean Ridge) was talking about tonight. If the Council is not going to change that, City Manager Cheney said he could report that the Council brought that up, they have looked at it, and that is the way they are going to go. City Manager Cheney referred to the bridge. On the bridge, Councilman deLong stated that what they were actually doing was reconsidering previous actions of the previous City Council. City Manager Cheney stated that he suggested that the bridge situation, because it is tied up with the Comprehensive Plan (and he had done studies and a lot of other things), they could not reasonably expect the City to make a different position or even to state whether they are going to make a different position at this time during the review of the beach project. He thought it was very unreasonable to expect that and that this should be put abed and forgotten about. Councilman delong injected that he had told them that if they want the City to solve their problems, why don't they petition for annexation into the City of Boynton Beach. He said he did a little research on how long the concession stand was there. Councilman deLong guessed Tereesa Padgett, City Clerk, cOuld give them informa- tion about further back, but in 1940, there were people who resided in the City at that time that did have a concession at the Casino. It was run by the caretakers for the Casino who lived upstairs. Councilman deLong reiterated that it goes all the way back to 1940, which is 42 years that the concession was there. - 51 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Mayor Trauger concurred with the memorandum of the position as described by City Manager Cheney concerning the bridge crossing. Councilman deLong told him to depict what the City Manager says. He does not want to touch or get involved in the bridge. Council- man deLong stated he would accept City Manager Cheney's recommenda- tions and proceed along those lines when they go over there and negotiate. Councilman deLong moved to accept City Manager Cheney'~ recommenda- tions relative to the Ocean Ridge review and the beach renovation proposal as stated in his memorandum of September 8~ 1982. Council- member Woolley seconded the motion. The motion carried 4-0. Consider Proposal for Recalculation and Reallocation of Construc- tion Funds for Congress Avenue City Manager Cheney thought it was essential to consider some added highway improvements in the.area. He was addressing particularly 804 or New Boynton Road (or 2nd, whatever you want to call it - Boynton Beach Boulevard, when they get the .proper responses from the County). City Manager Cheney said that road has been somewhat forgotten. There has been a minimal (almost no) allocation of County funds to this part of the County, particularly as it affects Boynton Beach. City Manager Cheney stated that they were pleased that Congress Avenue is being~widened without City funds. He pointed out that it was not County funds either. It was the Mall funds and State funds. Now finally, because of some additional State funds in the northern part of Congress Avenue, the County has allocated $1,000,000, and City Manager Cheney thought it should stay in, the budget. He thought the City should strongly suggest to the County that that ought to stay in the budget. With that allocation to reconstruct the northern part of Congress Avenue between 22nd and Hypoluxo, City Manager Cheney said they can take a look at some of the funds that the developers have pledged on Congress Avenue. They obviously will not be needed anymore, City Manager Cheney pointed out. City Manager Cheney said there may be an opportunity, in one case at least, to capture some ~of those funds now up front. Those are funds that would not have to be paid by this particular developer until, he thought, there were 400 dwelling units. He reiterated that Congress Avenue is going to go ahead, and here is a chance to capture those dollars now well before those 400 dwell- ing units. City Manager Cheney thought the City ought to do that, as long as they can get the County ~to ~0mmit~those funds. ._The__ e~eloper saves money, sure, City Manager Cheney continued, "but he pays it up front at the cost." He said they are sure they will get'~the money now because stranger.things happen in the next two or three years even though it is a commitment; and in the County, sometimes strange things happen City Manager Cheney suggested that they make some effort to get MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 the money allocated and that, in essence, they become a little more insistent relative to some allocation of County funds for this area. He said they have the possibility of that money from Congress Lakes. City Manager further said the City has the possibility of the road impact fees of which the City has collected $53,.000 of road impact fees which go into two zones, of which Boynton Beach is, and the City can get some of that. there. If the County decides to back collect road impact fees, there is another $240,000 out there. He said there will be some additional road impact fees coming in~ Cit~ Manager Cheney said he has talked to representatives of the West Boynton Coalition about 2nd Avenue because it is actually to their interest to get that thing widened because they have problems with traffic. City Manager Cheney told the Council that if there were no objections from them he was going to the West Boynton Coalition's meeting at the end of this month and urge that possibly they can support and bring about the four laning of Boynton Beach Boulevard (the new name) between Congress and Military Trail. If the City does not, City Manager Cheney informed the CoUncil the City will have congestion; the Mall will come along, and there will be road congestion. It is a State road, formerly County. City Manager Cheney thought the City had to put effort into there to get that thing done to avoid congestion before the Mall gets built, Councilman deLong said the proposal is sound. He thought that the fallacy~ in the past has been ~been the lack of projection for the future. He stated that he thought that is one of the fallacies that has existed in this City for quite a number of years, and the City should always project ahead. As the proposal is sound, Councilman deLong moved to accept it and instruct the City Manager to pursue it. The motion was seconded by Vice Mayor Warnke and carried 4-0. NEW BUSINESS Selecting Name' four MaUSOl~e'um chapel Councilman deLong moved to take the recommendation of the Cemetery Board and name the Chapel in the Mausoleum the "HUrford Chapel" in honor of the Chairman of the Cemetery Board (Edgar D. Hurford), who has served faithfully and honorably for many years. The motion was seconded by Councilmember Woolley and carried 4-0. Review Recommendation of Proposal for Monument for Infants Section of Cemetery Councilman deLong moved to accept the Cemetery Board's recommenda- tion and approve a monument cast in bronze to be placed in the Infants' Section (Block L) of the Boynton Beach Memorial Park. (Conrad Pickel is to be the sculptor of the monument. Council- member Woolley seconded the motion. - 53 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Although Vice Mayor Warnke was in favor of it, he wanted 'to see a picture of the monument. Councilman delong said when the Cemetery Board pursues it and definitely gets working on it, they will definitely have the Council consider it. He added that is some- thing Chairman Hurford does not do - bypass the Council. A vote was taken on the motion, and the motion carried 4-0. ADMINISTRATIVE Report on Mission Hill Area Drainage Project City Manager Cheney reported that Bill DuBois has obtained all of the easements on the project but two, but it toOk some time because one was from the church and that had its own process to go through. He said the contractor has agreed to do the work. City Manager Cheney thought it was for $32,000. Bill duBois has the $32,000 deposit in escrow. City Manager Cheney informed the Council that the project may have started yesterday~ It was at the point of ordering material, but City Manager Cheney did not know if the construction work was done. Once the City ha~ the agreement, the easements, and all that, City Manager Cheney said he authorized them ~o go ahead .under Tom Clark, City Engineer's supervision~ City Manager Cheney continued by saying there is a proposal that they cut across Mission Hill and put a culvert in on the other side (a man hole). The City had a price for that from the contractor doing this work. City Manager Cheney did not want to recommend that the Council accept that price yet. He thought the City had to check that out. City Manager Cheney explained that the idea is that if they get the price, he will then bring it to the Council and (depending on the price) suggest that the City pick up the cost of Mission Hill since that is beyond'what. Bill DuBois wanted to do, but it makes sense in the area, even though the City put in swales-and are down there working. City Manager Cheney further told the Council that the City may have to pick up some costs along the way, some restoration of those amounts, and maybe a business trip probably, but that was not in the price. He stated., "The foOtball field, bu~ probably not through Mrs. Greer's property because it is my understanding she is going to relandscape the lot." Councilman deLong asked if City Manager Cheney could not submit a report to the Council for approval. City Manager Cheney wanted to let the Council know that ~he project is going ahead. It has been approved, and it Meeds a surveyor~ Request of Boynton Beach Housing Authority - requested by Mayor Walter "Marty" Trauger - 54 - SEPTEMBER 8, 1982 MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA Mayor Trauger announced that the Council had a letter from the Boynton BeaCh Housing Authority stating that Mr. Woodrow Hay had only attended two meetings since 1980 and that they wished to have a full Board for the deliberation of their work. Although they only meet occasionally, Councilman deLong thought the Board has done a terrific job insofar as rehabilitation up in the northwest section. At ~his time, Councilman deLong was convinced that they are a working Board, and you cannot have a working Board when one Member does not show up. Councilman deLong moved to replace Woodrow Hay and for the City Clerk to send him alette~ofthanks butadvisehimtheBoard is a working Board and he has been replaced. Vice Mayor Warnke seconded the motion, and the motion carried 4-0. Councilman deLong moved to open up nominations for appointment to that Board, seconded by Councilmember Woolley. Motion carried 4-0. A resume was passed around for the Council's consideration. looking over the resumer Councilman deLong thought they were fortunate to get someone with a background like that. In Councilmember Woolley nominated Joseph H. Delaney to the Boynton Beach Housing Authority, seconded by Vice Mayor Warnke. Councilman deLong moved that the nominations be closed, seconded by Vice Mayor Warnke. Motion carried 4-0. Vice Mayor Warnke moved, seconded by Councilman deLong, to accept the unanimous acclamation of the nomination of JoSeph H. Delaney for the Boynton Beach Housing Authority. Motion carried 4-0. Approval of Three Additional Bills - Requested by City Manager Peter Cheney City Manager Cheney wished the Council to approve the following bills: Lassiter Construction ConstrUction of the Tennis Center Pay from Federal Revenue Sharing 320-000-247.85.-00 $150,484.,50 South County Regional wastewater Treatment Monthly bill Pay from Water and Sewer Revenue Fund 401-353-535-40-9I 46,988.00 Gator Culvert Culvert being put in on the other side of the railroad track Pay from General Fund 001-411-541-60-3P 5,731.98 - 55 - MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 City Manager Cheney said the culvert that was being put in was where the City had all those water problems. He said the bills had been reviewed and approved by everybody, and he recommended them for' payment. Councilman deLong asked City Manager Cheney if the $150,000 is available. He moved that the bills be paid, seconded by Vice Mayor Warnke. Motion carried 4-0. Report on Fire Department - union Contract Negotiations - Requested by City Manager Peter Cheney City Manager Cheney reported that the Union met last evening and by an almost unanimous vote approved the recommendations of the last discussions the City had with the Union, which primarily indicate a conversion of some 52 hours to 48. hours a week on the average with an agreement that they will not request a further reduction for at least three years; an acceptance of a proposed 5% adjustment to their pay scales; an agreement, although not in writing, that they will discuss over the next year or so alternate work schedules that he thought were ~ortant to the City, and the City is already trying to get them to agree with them. City Manager Cheney added also, there were two minor things that they had talked about before. City Manager Cheney said they have an agreement with the Fire Department and will be putting that into writing in the next couple of days. The Fire Department wants to forward the final language to their attorney for review. The City will do the same, and City Manager Cheney anticipated that at the Council Meeting they will have a document here, approved by the attorneys, and ready for final authorization, restitution, and signing. City Manager Cheney added that he met with the Police Union again today, and they did not come to an impasse but they may come to an impasse soon. There is some feeling, on the Police Union's part, that what City Manager Cheney is suggesting is finally the end of the line. City Manager Cheney stated that it is not maybe really the end of the line, but they are going to meet again a week from tomorrow (September 16, 1982), he believed, have another discussion, and see where they go from there. Mayor Trauger asked if City Manager Cheney thought they should have an Executive Council Meeting before that meeting. City Manager Cheney replied he would like to have, if the Council would want to put the time into it, a meeting that might take 45 minutes to an hour sometime next week if they could. He suggested Monday night. (September 13), which would be a good time for him, and it would give him a few days to contemplate, prepare, and figure out what to do before he meets with them again. Vice Mayor Trauger suggested Saturday, September 11, after the budget hearing. The Council Members felt Vice Mayor Warnke's suggestion of Saturday was a good one. City Manager Cheney did not think any official action was needed. MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 He was telling the Council that the City agreed to what, in essence, they have been talking about unless the Council had some objec- tions. City Manager Cheney said they a~e accepting it as an agree- ment pending review of the wOrding of the contract. City Attorney Vance advised that until contract, no official action was needed~ Approval of a Disinterment from the Cem~ Manager Peter Cheney Vice Mayor Warnke approved the disinteri Jeffrey R. Halle from Lot 69A, Block N, Park, Addition #1. The motion was secol Woolley and carried 4-0. Request for Approval of Construction Tr~ Submitted by JOhn Pagliarulo, John Pagl2 Inc. - NE 15th Place and U. S. ~1 City Manager Cheney said he had taken t! Agenda. Although the copy the Council "Building Dept. recommends approval,'' Cz got to be too formal and got put there, approval. As a matter of fact, he advi~ is that the City not approve this trail~ sitting there for a long time; they got obviously awaiting construction on the Manager Cheney said it is just south of North Federal. He said the City and said they had to get the trailer ~he Council gets the actual tery - Requested by City lent of the body of Boynton Beach Memorial lded by Councilmember liler .arulo Building Contractor, lis Off of the Consent lad had written on it, .ty Manager Cheney said that and it really is not the led that the recommendation ~r because it has been no aCtion on it; it is .ot it sits on. City the shopping center on wrote a letter on Saturday Then the contractor came in and asked for a permit, and thele is no site plan and no plan there. City Manager Cheney s%ate~ that the is pretty lenient on construction trailers. They let them g~ on and get approval afterwards but usually.only after the c~nstruction started. Councilma~ deLong thought they should h~ve a hard and fast rule. Vice Mayor Warnke noted it was the same outfit the City had trouble with on the Building Code. Cit5~ Manager Cheney wanted the Council to authorize the City to ha~,e them get the trailer out of there. Mayor Trauger asked if ti City Manager Cheney was satisfied with Council was not going to disagree with it was a violation of the ordinance, an( thumbing his nose at the City. Councilman deLong mo~d~.that no applic~ unless they comply with all requirement~ Warnke. Motion carried 4-0. _ 57- ~at would take a motion. ~he discussion if the lim. He pointed out the contractor was tions should be accepted seconded by Vice Mayor MINUTES - CITY COUNCIL BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1982 Mayor Willard V. Young, Delray Beach - requested by Mayor Walter "Marty" Trauqer Mayor Trauger wished approval to have the City send a bouquet of flowers from the City Council as Mayor Young is still in the hospital in rather serious condition. He wished %he City Council to express their sympathy with him and send a bouquet. Councilman deLong moved to send the flowers, seconded by Vice Mayor Warnke. No discussion. Motion carried 4-0. ADJOURNMENT There being no further business to come before the Council, the meeting was properly adjourned at 10:45 P. M. ATTEST: 'L~~- D~~P~lerk CITY OF BOYNTON BEACH C Counc~/ Councilman ~~~C'o U'~n~c~i~ lmem~ - 58- AGENDA 3-page ADDENDUM TO MINUTES of ~0UNCIL MEETING 9/8/82 September 7, 1982 ADMINISTRAT ION e e Approval of Bills: Budget Fence Company West Cemetery Fence Pay from Boynton Beach Memorial Park---631-399-539-60-32 Per bid 8/9/82, Council approved 8/17/82 Davis Water & Waste Ind.,Inc. Odophos Liquid No. 1 for Sewage Pumping Pay from Water & Sewer Revenue---401-352-535-30-65 Economic Development Administration To reimburse EDA for excess drawdowns Jail Renovation Project. Pay from General Fund---001-195-519-90-12 John E. Hembree Construction , Inc.,Application Air Conditioning for City Hall Renovation Pay from General Fund---001-000-247-09-00 Per bid 7/23/82, Council approved 8/3/82 Holm Construction Inv. %1 Concrete Garden Wall for Boynton Bch. Memorial Park Pay from. Boynton Beach Memorial Park---631-399-539-60-32 Per bid 7/20/82, Council approved 8/3/82 .IBM. ~orporation IBM supplies and accessories Pay from General Fund---001-000-141-01-00 ~oblar Constructors and Engineers Est. %7 1 MG Water Tank &Booster Station for period 7/16/82 to 8/24/82 Pay from Utility General Fund---403-000-169-01-00 ~.I. Lime Company Lime for Water Treatment Pay from Water & Sewer Revenue---401-332-533-30-65 $ 3,930.60 8,280.00 1,400.00 18,562.00 9,000.00 1,350.00 65,918.51 15,522.37 COUNCAL APPROVED: Meef. CiTY OF DOYNTON BEACH P. O. Box 3!0 ~oYnton Beach, F~orida 33435 -2- 10. 11. 12. 13. 14. 15. 16. Madiqan's K-9 Training. Center Training of Police Canine per contractual agreement Pay from General Fund---001-211-521-40-7N Don Reid Ford 1 Ford LTDPursuit Vehicle for Police Dept. P~y from General Fund---001-000-247-1D-00 State Contract%070-O0-82-1 Russell &Axon ~rofessional services rendered on Water Main Extension for N.W. Developers. Pay from Utility General Fund---403-000-220-64-00 Reimbursable from N.W..Developers South Central Regional WastewaterTreatment Boar8 co~truction of Sludge Conditioning and stabilization facilities at plant by Lanzo Constr. 50~ due---9,342.00 Int. Sludge Conditioning Facility Res.Inspection 50~due---2,617.14 Pay from Utility General Fund---403-000-169-11-00 Sav-On Utility SuDDlies~ Inc. Supplies for Water Distribution Pay from Water & Sewe= Revenue---401-333-533-60-51 R. J. Sullivan Corporation Est. ~6 For Chemical Feed System Modification for 6/26/82 to 7/29/82 Pay from Utility General Fund---403-000-169-01-O0 ~unstate Meter & supply, supplies for water Distribution & Sewage Collection Pay from Water & Sewer Revenue---401-333-533-60-51-$818.50 401-351-535-30-9F 392.00 $ 1210.50 .Isiah %ndrews Driver for Senior Citizens Club 3 wks. Pay from Federal Revenue Sharing---320-641-564040-SA Ordinance %73-15, passed 5/15/73 1,500.00 783.81 1,041.41 11,959.14 2,845.00 29,875.00 1,210.50 COUNCIL APPROVED: -3- 17. Willie Ruth McGrady Server for Senior Citizens Club Pay from Federal Revenue Sharing Ordinance %73-15, passed 5/15/73 3 wks. 320-641-564-40-5A 201.60 The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department. Grady W. Swarm, Finance Director I therefore recommend payment of these bills. eter L. Cheney, Ci{y Manager