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Minutes 03-02-83MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, MARCH 2, 1983 PRESENT Walter "Marty" Trauger, Mayor James R. Warnke, Vice Mayor Joe deLong, Councilman Samuel Lamar Wright, Co~uncilman Peter L. Cheney, City Manage Betty S. Boroni, City Clerk James W. Vance, City Attorn~ Mayor Trauger welcomed everyone and called the meeting to order at 7:30 P. Mo The Mayor ascertained that Rev. Logan Whalen of St. John's United Methodist Church was not present in the audience and then gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilman Samuel Lamar Wright. ~genda Approval Mayor Trauger announced that he would like to add a proclamation submitted by the Palm Beach County Sports Hall of Fame under Announcements, Item 4-d). Also, under Administrative, he would like to discuss Garage Sales and several other small items. City Manager Cheney stated he would like to add under Legal - Other~ 6, Ratification of a Change Order at the Wastewater Treatment Plant in the Sludge Conditioning Project. Also, under Administrative, he would like to request approval of two additional bills not given to the members in their packet. Mr. Vance stated under Legal, he would like to give a report on the settlement of the last of the Knollwood projects. Councilman deLong moved that the agenda be adopted with these additions, seconded by Councilman Wright. No discussion. Motion carried 4-0. Announcements Mayor Trauger announced that Councilwoman Woolley is attending with her husband a legal conference in Europe. City Manager Che~ey distributed the results of the general election. Councilman deLong moved to accept and place on file, seconded by Vice Mayor Warnke. No discussion. Motion carried 4-0. Mayor Trauger announced that the administration of oaths to new Council Members will be given on Monday, April 4, 1983, in these council chambers. The Mayor referred to having read the proclamation on the G.A.L.A. and announced that it will take place on March 4 thru 6 sponsored jointly by the Chamber of Commerce and the City. This will be one of the finest events our City has sponsored. City Manager Cheney added that this is the second year for this combined arts MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 2, 1983 and business festival. Over 100 artists will be displaying. All the business booths are sold out. The usual entertainment will take place on Friday, Saturday and Sunday. Awards will be given out Sunday afternoon at 1:45 P. M. Also, there is a dance tonight. We are hoping for good weather. On Saturday and Sunday mornings, the Kiwanis Club will be having a pancake breakfast from 8:00 to 12:00. Mayor Trauger read a Proclamation proclaiming~ the first week of March, 1983, as Recycling Week. He added he would like to call this proclamation to the attention of the press and the fine report submitted by Mr. Grabeel to Mr. Cheney. It shows what the City and people can do in a recycling effort. The Mayor read a Proclamation proclaiming the week of March 6 1983, as Women's History Week. ' The Mayor read a Proclamation proclaiming the months of March and April, 1983, as Keep Florida Glitter Clean Months. Mayor Trauger read a Proclamation proclaiming March 6, 1983, as Palm Beach County Sports Hall of Fame Day. Mayor Trauger referred to former mayor Edward Harmening being present in the audience and welcomed him. MINUTES Regular City Council Meeting Minutes - February 16, 1983 Councilman Wright moved the adoption of the minutes, seconded by Councilman deLong. No discussion. Motion carried 4-0. CITY ~NAGER'S REPORT Golf Course City Manager Cheney announced that the ground breaking ceremony for the golf course has been set for approximately 2:00 P. M. on March 28 and it will be called: "A Golf Celebration". It will be held at the golf course. It is hoped that among other people attending, Mr. Bruce Devlin will be there for the event. Beach Bonds Mr. Cheney announced that the validation hearing for the beach bonds was held this week. The bonds are validated for $1,75~O0 The formal construction designs are being processed. There will be one more hearing with the Ocean Ridge Council in April. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~RCH 2, 1983 N. E. 10th Avenue City Manager Cheney referred to court activity this week con- cerning N. E. 10th Avenue and reported that the County with our City Attorney Went to the judge to have eminent domain approval of one side and next month, there will be a court hearing for the other side. We are now able to advertise for bids for the one side. Sanitation Program Mr. Cheney reported that the separate garbage and waste collec- tions have now become a joint collection. Notices will be delivered to doors indicating how the program will work. It is being done on a gradual basis. He explained how all the trash and garbage would be collected on a regular twice a week schedule with the hope of eliminating the communal piles on vacant lots. There will be a special on-call program for pickup of large items. Comments Councilman Wright asked if a list would be available of those invited to the golf celebration and 5~. Cheney clarified that he didn't plan to send out a large number of invitations and believes people interested in golf will come that day. How- ever, if there are any special people the Council wanted to invite to please let him know. Vice Mayor Warnke referred to there being a parking problem at the golf course and ~. Cheney replied that he was aware of this and hopefully there will be control. PUBLIC AUDIENCE Mayor Trauger announced if anyone in the audience wished to speak on any item on the agenda to please come forward and give their name to the City Clerk and when that item appears on the agenda, they will be called upon to speak. He then requested anyone wishing to address the CouDcil on an item not on the agenda to please come forward ~at this time. Mrs. Katie Grahame, 1361 S. W. 28th Avenue, told about having an addition built over her garage and advised that according to the ~builder, it was finished on October 12 and she has paid for it. Since then, she has found quite a few things wrong with the building and has consulted the Building Department and run into difficulty. Mr. Leonard Kanonik, 1330 S. W. 28th Avenue, came forward on Mrs. Grahame's behalf and referred to being in the construc- tion business with his son and advised that he applied for a permit for Mrs. Grahame's addition, but was turned down by the -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 2, 1983 Building Department because a permit had been issued for it. This addition is a cardinal sin for a contractor to lose his license. Everything a contractor shouldn't do was done! He suggests that the Council get this off the back burner and take care of this. Councilman deLong moved to turn this issue over to the City Manager to investigate and give a report. Vice Mayor Warnke seconded the motion. Under discussion, Councilman Wright added that he would like this matter handled as soon as possible and wants the Council kept informed. City Manager Cheney commented that this is the first time he heard about this. Motion carried 4-0. Mr. Kanonik then continued with passing out police reports to the Council members and he read through the various incidents reported during February 8 through 20. He then read excerpts from a newspaper article with statements about this area not being a battleground and explained how it was in his opinion. Mayor Trauger commented that according to the report submitted to the Council, it sounds like the problems are being created by people living within Golfview Harbour. Councilman deLong asked if the patrols could be increased and Mr. Cheney replied there are problems in this area as well as throughout the City and the problems are not any greater here than in other parts. He explained how the Police Department adjusts their patrols according to the need. There is response in areas with major problems, but the citizens may not always be aware of the response because much is done with unmarked vehicles. Councilman deLong asked if there could be a concerted drive to break this up once and for all and Vice Mayor Warnke asked if there was an organized neighborhood,watch group in this area? Mr. Kanonik informed him that supposedly there is a homeowners group, but it is not effective. Councilman Wright referred to staffing in terms of patrolling and Mr. Cheney informed him that it is basically 100%. Mayor Trauger added that there are only three vacancies right now and Chief Hamilton advised that at the present time, there are four vacancies. Councilman deLong commented that if we are short of manpower, the men should work overtime and Mr. Cheney informed him that this is done. Mayor Trauger asked if Chief Hamilton wished to respond and Chief Hamilton replied there is a complete report from the City Manager with statistics regard- ing the crime and we are giving all the patrol we can at this time. Councilman Wright added that two police aides will be hired in April. Mr. Kanonik told about several patrol cars being at South Tech at night and asked why they couldn't include Golfview Harbour on their rounds and Mr. Cheney disagreed with the report of many police cars at South Tech and advised that basically there is only one car at night. -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 2, 1983 Mr. Kanonik referred again to this just being put on the back burger and ~yor Trauger disagreed based on reading the report and talking to the Police Department. Mr. Kanonik agreed that the Police Department is doing a good job, but they should have more men patrolling at night rather than giving a lot of tickets during the day. Mayor Trauger added that they should have an active homeowners watch group since the people involved are mostly residents of this area. Mr. Kanonik referred again' to nothing being done and Councilman deLong replied that we must get the manpower to break up the ring there with a concerted effort. Mr. Kanonik emphasized that there is a problem there and he doesn't want it put on the back burner. City Manager Cheney clarified that he did submit a report to the Council covering the City as a whole and there are problems, but they are responding to the problems as they occur. We do have a positive record in the Police Department and crime is down over the last year. CONSENT AGENT Approve two (2) Budqet Transfers - Re: Unemployment Benefits Ratification of South Central Regional Wastewater Treatment.and Disposal Board Action - Sludge Handlinq Contract Bids One New Electric Arc Welder Model TIG 250/250 K1293 as manufactured by the Lincoln Electric Company or equal.~ Utilities The Tabulation Committee recommends awarding the bid to National Welding Products, West Palm Beach, FlOrida, in the amount of $1,860.00. Ridgid Model 535 Pipe and Thread Cutting Machine with. Model 820 Cutter - Utilities The Tabulation Committee recommends awarding the bid to Indus- trial Supplies Company, Fort Lauderdale, Florida, in the amount of $2,890.00. Approval of Bills See list attached. Mr. deLong moved to approve the consent agenda as proposed by the city Manager with the accompanying material to become part of the public record consisting of the above listed items, A, B, C, and D. Vice Mayor Warnke seconded the motion. No dis- cussion. Motion carried 4-0. BIDS NONE -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 2, 1983 PUBLIC HEARING NONE DEVELOPMENT PLANS Approve Modified Site Development Plan submitted by Karen Mannche~ for changes to the Golfview Harbour Estates site plan. The modifications consist of converting 8 units without garages to 8 units with garages Mr. Annunziato informed the Council that this is a minor modifi- cation to the Golfview Harbour site plan with converting eight units without garages to eight units with garages. It was re- viewed by the Technical Review Board with no comment, the Plannin¢ and Zoning Board unanimously recommended approval and the Commun-- ity Appearance Board gave a favorable response. Councilman Wright moved adoption of the modified site development plan submitted by Karen Mannchen for changes to the Golfview Harbour Estates site plan. Councilman deLong seconded the motion. No discussion. Motion carried 4-0. Approve request for extension of Preliminary Plat for Bethesda Park, P.U.D. requested by Peter B. Scott City Manager Cheney read the City Engineer's statemen~ in his memo dated February 23: "Subject to an up-dated cost estimate for improvements and subject to a recreation fee based on the actual property sales, I recommend that the extension requested to June 30, 1983, for filing final plat approval be granted." Councilman deLong moved to approve this extension of the prelimi- nary plat for Bethesda Park and accept the recommendation of the City Engineer as specified above. Councilman Wright seconded the motion. No discussion. Motion carried 4-0. LEGAL Ordinances - 2nd Reading -.Public Hearing Proposed Ordinance No. 83-4 - Re: Land Use - Crestview Lot 60 less the east 100 feet thereof and Lots 61, 62, 65 & 66 Mr. Vance read proposed Ordinance No. 83-4 by title only on second reading: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HERINAZFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM ~DIDM DENSITY RESIDENTIAL TO OFFICE; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 2, 1983 Mayor Trauger asked if anyone had requested to speak on this proposed ordinance and Mr. Frank Kreidler came before the Council. He referred to this matter having been before the Council a number of times and stated that Seacrest Boulevard is a busy street and this location is close to the hospital. The people are requesting a change in zoning to have the pro- fessional area around the hospital extended to their property also. Many people have spoken in favor of this, but one gen- tleman did speak against it. This will eliminate the problem of spot zoning with rezoning this small strip making it con- tiguous to the other commercial zoned area. Mayor Trauger ascertained there were no further questions and nobody wished to speak either in favor or against this proposed ordinance. He then declared the public hearing closed. Councilman deLong stated in view of the fact that this particu- lar rezoning complies with the comprehensive land use plan and eliminated spot zoning in this particular area, he moves for approval of proposed Ordinance No. 83-4 on second and final reading. Vice Mayor Warnke seconded the motion. No discussion. City Clerk Boroni took a roll call vote on the motion as follows: Councilman Wright - Aye Councilman deLong - Aye Mayor Trauger - No Vice Mayor Warnke - Aye Motion carried 3-1. Proposed Ordinance No. 83-5 - Re: Rezoning - Crestview Lot 60 less the east 100 feet thereof and Lots 61, 62, 65 & 66 City Attorney Vance read proposed Ordinance No. 83-5 by title only on second reading: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH FROM R-2 (SINGLE FAMILY AND DUPLEX RESIDENTIAL) TO C-1 (OFFICE AND PROFESSIONAL COMMERCIAL) MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mayor Trauger asked if anyone in the audience wished to speak in favor of proposed Ordinance No. 83-5 and received no response. He asked if anyone wished to speak in opposition to proposed Ordinance No. 83-5 and received no response. He then declared the public hearing closed. -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 2, 1983 Councilman deLong moved the adoption of proposed Ordinance No. 83-5 on second and final reading, seconded by Councilman Wright. No discussion. City Clerk Boroni took a roll call vote on the motion as follows: Councilman deLong - Aye Mayor Trauger - No Vice Mayor Warnke - Aye Councilman Wright - Aye Motion carried 3-1. Ordinances - 1st Reading Proposed Ordinance No. 83-8 - Re: Rezone 30.4 acre parcel of land - The Crossings of Boynton Beach Mr. Vance referred to there being two blanks on the copies he distributed and advised that "80-19" should be filled in on the title and first paragraph. He then read proposed Ordinance No. 83-8 by-title on first reading: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH FROM PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF 5 TO A PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF 4, MORE PARTICULARLY DESCRIBED HEREIN; REPEALING PROVISIONS; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Councilman deLong moved for the adoption of proposed Ordinance No. 83-8 on first reading only, seconded by Vice Mayor Warnke. Under discussion, Councilman Wright questioned the type of construction and Mr. Annunziato informed him these houses will be standard CBS construction consistent with the Southern Building Code. Mr. Cheney added that he thinks the plan showed wood treatment on the o~side for decorative purposes, but these will not be of wood construction. City Clerk Boroni then took a roll call vote on the motion as follows: Mayor Trauger - Aye Vice Mayor Warnke - Aye Councilman Wright - Aye Councilman deLong - Aye Motion carried 4-0. Resolutions -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 2, 1983 Proposed Resolution No. 83- Re: Opposing the relocation of the Ocean Avenue Bridge (State Road 804) ...... TABLED (This will remain on the table' until after a City Council Workshop that will be scheduled after the new Council Members take office) Councilman deLong made a motion to have this resolution remain on the table, seconded by Vice Mayor Warnke. Motion carried 4-0. Proposed Resolution No. 83-M - Re: Amending cemetery fees for use of equipment City Attorney Vance read proposed Resolution No. 83-M by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING FEES FOR USE OF EQUIPMENT, IN MUNICIPAL CEMETERIES AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Resolution No. 83-M, seconded by Vice Mayor Warnke. No discussion. City Clerk Boroni took a roll call vote on the motion as follows: Vice Mayor Warnke - Aye Councilman Wright - Aye Councilman deLong - Aye Mayor Trauger - Aye Motion carried 4-0. Proposed Resolution No. 83-N - Re: Reducing Recreation Facilities Performance Bond for Ridge Point Woods Villas City Attorney Vance read proposed Resolution No. 83-N by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ~DUCING'THE RECREATION FACILITIES PERFORMANCE BOND FOR RIDGE POINT WOODS VILLAS Councilman deLong moved for adoption of proposed Resolution No. 83-N with inclusion of the City Engineer's memo dated February 23 recommending this bond reduction in the amount of $12,225. Vice Mayor Warnke seconded the motion. No discussion. City Clerk Boroni took a roll call vote on the motion as follows: Motion carried 4-0. Councilman Wright - Aye Councilman deLong - Aye Mayor Trauger - Aye Vice Mayor Warnke - Aye -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Other MARCH 2, 1983 Approve Water Service Agreement (Annexation Agreement) - NW corner of Knuth Road and NW 2nd Avenue. TABLED Councilman deLong moved to take this from the table, seconded by Councilman Wright. Motion carried 4-0. Councilman deLong referred to having reviewed this agreement and moved to have the agreement executed. Councilman Wright seconded the motion. Under discussion, Vice Mayor Warnke asked if we are required by law to furnish water and sewer since they are within our service area and Mr. Vance replied that there are two factors. There is a case related to sewer and the district court says "no" you don't have to furnish water and sewer in your service area; however, the Council adopted a policy establishing various categories and in order to get it, they must submit this type of agreement. Motion carried 4-0. Consider renewal of Lease Agreement between the City of Boynton Beach and Thomas E. and Linda Coffey - Access to Landfill Councilman deLong moved to execute this agreement, seconded by Vice Mayor Warnke. Under discussion, Mr. deLong asked if there has been any increase in this lately and if it is still at the same fee and Mr. Cheney replied affirmatively. Mayor Trauger commented that he thought they had left and ~. Cheney clarified that the trailer which was setting on our property burned down just before we asked them to move. He then told about a gate being installed to control access which has pleased Mr. Coffey. Motion carried 4-0. Consider renewal of Recycling Center Contract with Durbin Paper Stock Company Mr. Vance informed the Council that this is the same agreement in essence. Councilman deLong moved for execution of this agreement, seconded by Councilman~Wright. Under discussion, Mr. Vance questioned what happened to aluminum in January and Mayor Trauger replied that the price must have dropped. Mr. Cheney added that he didn't know, but in general the amount of tonnage we collected is above what was predicted in spite of some problems. Mayor Trauger requested the City Manager to furnish a copy of this to the various press media. Motion carried 4-0. Consider renewal of Medical Director's Contract Councilman deLong asked if this had been reviewed and Mr. Vance replied affirmatively and added that it is in order and is the same as previously. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA _WLARCH 2, 1983 Councilman deLong moved to execute this contract, seconded by Councilman Wright. Under discussion, Vice Mayor Warnke asked what "ALS" was under Appendix A and Mr. Cheney informed him that it means "advanced life support". He continued that state law requires that we-have a medical director. Dr. Davis has been in this position for one year. Mayor Trauger referred to the fee and ~r. Cheney explained that it is $10,000 per year plus some travel expenses, the same as it has been. Motion carried 4-0. Ratification of Operation and Maintenance Contract for South Central Regional Wastewater Treatment and Disposal Board Mr. Vance informed the Council that this involves the ratifi- cation by the City of Boynton Beach of the proposed operation and maintenance contract. Councilman deLong referred to the data verifying that in 1974, he executed the agreement to set up this regional plant. He has to get involved in this for one specific reason since there is nobody on the Council in Delray Beach or Boynton Beach acquainted with this. From the very beginning, we were per- suaded to move along with the whims and wishes of Delray Beach. They had the land and insisted the plant had to be there. It did cost the City a pretty sum to purchase half the land. Then, they wanted to operate the plant. This plant never had the opportunity to be operated by the Sewer Board in the proper manner and fashion it should have been operated. Delray Beach had a Utilities Director, who was a police officer in Miami who was dismissed, and he was trying to run the wastewater treatment plant. In view of the fact that our City Manager and Utilities Director, who are well equipped and competent, forwarded to this Council their recommendation, he would like this entered into the record. He then read the following memo dated February 24 from the City Manager: "Attached is the City's latest analysis of comparable costs for the Board's operation of the Regional Plant and Envirotech's operation. The analysis shows the Board's operation can be as much as $188,301 less than Envirotech's operation. "Perry Cessna and I continue to recommend that the Board take over plant operation for the reasons of cost and cost control as well as the many other previously dis- cussed reasons. "The two City Councils, through the Board, have gone a long way to respond to the odor problem by the individual expenditure of each City for odor control as well as approximately $1~000,000 for plant modifications to address capacity problems and odor reduction." -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 2, 1983 Councilman deLong moved to deny ratification of this agreement with Envirotech and that the Board become the operator of the plant. Vice Mayor Warnke seconded the motion. Under discus- sion, Mayor Trauger stated that the cities of Delray Beach and Boynton Beach have invested in the past year $1,000,000 for adding a lime stabilization facility as recommended by Russell and Axon plus chemicals to eliminate odors. We have done every- thing recommended by the engineers spending the taxpayers' money to curtail the odor of the plant. Nowhere in the Envirotech contract do they promise or guarantee elimination of odors. We must pay user charges and there is no guarantee in this con- tract that the user charges will not escalate. In fact, the contract is for a period of three years and requires a 70% Board vote to open the contract for renegotiation. The City Manager, City Attorney and City Engineer have recommended not ratifying this contract. To sit here as the City Council and not take their advice would be to vote that we have no confi- dence in their ability. Vice Mayor Warnke stated that some citizens and several officials were surprised when he voted against the Envirosech contract at the last meeting of the Wastewater Treatment Board. He has researched and studied this contract in depth and was on the ad-hoc committee to finalize it. He has gone over it with various members of the City of Boynton Beach's staff. He could not find one official employee, excluding the Council, who was in favor of it. His reasons for our City to manage this plant ourselves are as follows: "The Envirotech Corp. cannot guarantee the total abatement of natural background odors. "The data furnished to me by various studies indicate that the cities can run the plant at a savings of about $188,000 per year for the users and that budget figure includes the hiring of a full time Class A operator. "Odor abatement programs have been put into effect during the past two years and are still continuing with comple- tion very soon to combat any alleged problems. "The expertise offered by the Envirotech CorD. is available free through the offices of our utilities directors on a worldwide basis and also through the office of Russell & Axon, our consulting engineers. "As various financial problems arise, the cities will be expected to take care of them through billing by the Envirotech Corp. without recourse or bidding procedures. "The City Councils of Delray Beach and Boynton Beach are responsible for furnishing the best ~ervice possible to 100,000 people. I am convinced that the two cities working together can do a better job than an outside contractor, especially when Boynton takes over April 1." -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 2, 1983 Councilman Wright stated that Mr. deLong's motion was to deny ratification of the contract and recommend the Board will operate the plant and questioned Mr. Warnke's reference to the City of Boynton Beach operating it. Vice Mayor Warnke clarified that Delray Beach is backing out as of April 1 and Mayor Trauger added that the responsibility of the operation of the plant would fall back to the two City Councils sitting as the Wastewater Treatment Board. The City Managers of both cities agree it is possible for the Utility Directors to select a licensed qualified operator who would serve as a Board member as an advisory and operate the plant. Councilman deLong added that a qualified engineer for this position must be paid enough money so he will Stay. Mayor Trauger stated that part of Delray Beach's logic in getting out of this operation and being in favor of Environtech is a law suit by the Pines of Delray Beach North suing because of odors unpleasant to them. Nowhere does it say in Environtech's contract ~hat the suit would be 'withdrawn, so it still would be in litiga- tiOn. Vice Mayor Warnke stated that this has not been taken lightly. He has a stack of papers relating to this subject which he has researched. He cannot see where a company from California can do any better than experts we have within our own cities. Councilman deLong then requested a roll call vote on the motion and Mrs. Boroni conducted it as follows: Councilman deLong - Aye Mayor Trauger - Aye Vice Mayor Warnke - Aye Councilman Wright - Aye Motion carried 4-0. Ratification of a Change Order at the Wastewater Treatment Plant in the Sludge Conditioning. Project City Manager Cheney informed the Council this was approved at the Board meeting last week and is the same agreement. Councilman deLong asked if everything was in order and Mr. Vance replied affirmatively. Councilman deLong moved to ratify this change order, seconded by Vice Mayor Warnke. No discussion. Motion carried 3-0. (Council- man Wright had left the room.) Settlementof Knollwood Project Mr. Vance recommended accepting a settlement for slightly over $19,000 for the last parcel 5-1. Councilman deLong moved to approve this recommendation of the City Attorney, seconded by Vice Mayor Warnke. Under discussion, ~. Vance added that he will -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~RCH 2, 1983 furnish the precise figure to the City Manager, but does not have his information with him tonight. Motion carried 3-0. OLD BUSINESS Review and approve organizational and personnel changes in Fire Department TABLED (City Manager requested this stay on the table) Councilman deLong moved for this question to remain on the table, seconded by Vice Mayor Warnke. Motion carried 3-0. Cemetery Trust Fund TABLED City Manager Cheney requested this to remain on the table since the ordinance has not been received. Mayor Trauger asked if there was any problem with the ordinance and Mr. Vance replied negatively and advised that it is being drafted. Councilman deLong moved to leave this on the table, seconded by Vice Mayor Warnke. Motion carried 4-0. Police Report - Re: Golfview Harbour Mr. Cheney referred to submitting a report, but advised t.hat the latest figures will be added with more information and he will give another report next week. Chief Hamilton is aware of this and will continue to watch it. Councilman deLong moved to accept this report and place on file, seconded by Vice Mayor Warnke. No discussion. Motion carried 4-0. NEW BUSINESS NONE ADMINISTRATIVE Report on American Legion Land Swap Mr. Cheney reported that he had a long meeting with representa- tives of the American Legion, Rev. Davis and four other people. He has made a proposal to them, which they are studying as to how to handle this land swap. He had another conversation with them relative to the size and shape of the land and the Engineer- ing Department is preparing a description. They are talking about possibly transferring to them a minimum of 24,000 square feet and squaring off the 1-95 right-of-way. He will discuss this further with Rev. Davis this week and will have a recom- mendation for the next meeting. -14 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 2, 1983 Councilman deLong moved to accept this report, seconded by Vice Mayor Warnke. 'No discussion. Motion carried 4-0. Consider approval of Fitness Trail Assistance - Forest Park .Elementary School Councilman deLong referred to reading the memo and made a motion to approve the recommendation of the Recreation Director. Vice Mayor Warnke seconded the motion. Under discussion, Council- man Wright commented that it seems to be a good project, but questioned if it has been budgeted and M~. Cheney informed him that a transfer will have to be made to pay for it. The City Manager continued that he wanted to see if the Council was in favor and feels if we can get cooperative programs with the School Board that we shoul~ take advantage of their efforts. Mayor Trauger asked if this is approved and put in use, will it become part of the parks bulletin and Mr~ Frederick replied affirmatively and added that it will be advertised and the prin- cipal is willing to have the total community participate. Mr. Wright referred to liability and Mayor Trauger replied that is with the School Board and Mr. Vance agreed, since the School Board owns the property. City Manager Cheney stated there is a tremendous amount of land by this school and it is good to find a school opening for joint use. Joint programing will make this more productive. Council- man Wright asked if this would be similar to the Plumosa School program and Mr. Cheney replied negatively. Mr. Frederick clari- fied that it will be similar to the Rolling Green School program. Mayor Trauger asked if there had been any problems and Mr. Frederick informed him there was only with parking. Mr. Cheney explained that at Plumosa School it is a more extensive program with the community and school doing joint funding. He believes the Chamber of Commerce is exploring this at the Poinciana School. Motion carried 4-0. Accept Resignation from Carl Zimmerman ~ Board of Adjustmen~ Councilman deLong moved to accept this resignation and send the usual letter of thanks for past services performed. Vice Mayor Warnke seconded the motion. No discussion. Motion carried 4-0. Consider appointment to fill above Councilman deLong made a motion that nominations be opened, seconded by Vice Mayor Warnke. Vice Mayor Warnke nominated ~. George Mearns based on a recommendation from 5~. Zimmerman and other people and having reviewed his resume. Councilman deLong moved that nominations be closed, seconded by Vice Mayor Warnke. Motion carried 4-0. -15- MINUTES- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 2, 1983 Councilman Wright moved to appoint by acclamation Mr. Georqe Mearns as a regular member of the Board of Adjustment. Council- man deLong seconded the motion. No discussion. Motion carried 4-0. Garage Sales, etc. Mayor Trauger told about constant garage sales being held on S. W. 6th Avenue at the same location appearing to be in compe- tition with the flea market. It is alleged and appeared that new material is being brought in for perpetual sale. People living on this street have complained, but there is no ordinance aqainst this. - Councilman deLong moved to turn this over to the City Attorney to come up with an appropriate ordinance limiting this with a permit being required possibly without a fee, with a limit. He added that in this nice residential section of the City, they are making it a regular flea market and it is becoming a commercial area. He moves that the City Attorney is instructed to draft the appropriate ordinance to regula~ flea markets. Vice Mayor Warnke seconded the motion. Mayor Trauger clarified that it had been moved and seconded for the City Attorney to prepare the appropriate ordinance to limit the number of sales without a fee and using a permit basis. Under discussion, Councilman deLong requested the City Attorney to put teeth in this proposed ordinance. Mr. Vance stated that a small administrative fee may be needed to cover costs. Mr. Cheney added that if we put teeth in it, we must be prepared to do inspections and on weekends, we only have the police. We must get consrol. Discussion ensued about this location and the type of merchandise sold. Mr. Cheney clarified that when merchandise is sold not from the resident's own house, there is a zoning violation because it is a commercial venture. We must have an ordinance to govern this. Mayor Trauger commented that he believes this will be a step in the right direction, because yard sales are becoming common place. Motion carried 4-0. Girl Scout Park Mayor Trauger questioned what has happened with the Girl Sc6ut Park and City Manager Cheney informed him that he has had meet- ings with Commissioner Wilken and the Board of County Commis- sioners and this will be discussed at their workshop meeting tomorrow. He understands there will be no problem and the park will be turned over to the City, but he doesn't like to speak ahead of the Commissioners' recommendation. -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Caloosa Park MARCH 2, 1983 F~yor Trauger referred to Caloosa Park and Mr. Cheney informed him that he understands the dedication will be within six weeks. Two Georges Area Mayor Trauger referred to the area by the Two Georges and Mr. Cheney informed him this was before the Community Appearance Board on Monday night and suggestions were made by the Board. We do have the money for it and he told about the plans for this area. He added that Mr. Culver has moved his oil recy- cling thing and the dumpster to his own property. Action on Council Requests Mayor Trauger complimented the City Manager and his staff on the report of actions taken in response to Council requests. He referred to the Chamber of Commerce summary and quarterly report still hanging and Mr. Cheney informed him they are working on this to prepare it in form to note the purposes for which the City's funds were given and report. Mayor Trauger clarified that he wanted to know which direction they are heading and Mr. Cheney replied that meetings have been held and he believes with- in a week or two, a report will be given. Clerical Positions in the Police Department Mr. Cheney reported that this is being studied by the Personnel · Department and a report wil,l be given within a month. Mayor Trauger remarked that he would like to conclude this by the end of March and Mr. Cheney replied that he will try his best. Councilman deLong commented that it is a simple matter to re- classify employees and ~. Cheney replied that he was not sure they were working out of their classification. ~pproval of Bills Fr. Cheney requested approval of our share of payment No. 9 for the lime stabilization project at the wastewater treatment plant in the amount of $56,542.50 and payment for a Ford tractor, for which the bid was accepted from-Trail Tractor Company, in the amount of $44,346.00. Councilman deLong moved to accept, seconded by Councilman Wright. No discussion. Motion carried 4-0. OTHER Mr. Ken King referred to the administration of oaths to the new Council members being announced and questioned the time and Mayor Trauger informed him that this would be held at 7:30 P. M. -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ADJOURNMENT ~,~RCH 2, 1983 Councilman deLong made a motion to adjourn, seconded by Vice Mayor Warnke. Motion carried 4-0 and the meeting was properly adjourned at 9:12 P. M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk ounc~lmembe~ / ecordin~- SeCretary Two Tapes) -18- AGENDA March 2, 1983 ADMINISTRATION me e Approval of Bills: B.B.R. General Contractors & Ellis K. Phelps & Co. Joint check as above covering material the City has in their control for P.O. 55194 to renovate Lift Station at S.W. 23rd. Ave. and U.S.1. City delaying installation of equipment until traffic drops off after April 1st. Pay from 1981/82 Budget---401-000-202-01-00 Board of County Commissioners Use of County Landfill for the month of January, 1983. Pay from General Fund---001-341-534-40-9A Coastal Pipeline, Inc. For Sewer Replacement/NE 3rd. St. & 25th. Ave. Pay from Water & Sewer Rev.---401-351-535-40-3F Council approved 1/4/83 Davis Water & Waste Industries, Inc. Odophos Liquid No. 1 for Sewage Pumping Pay from Water & Sewer Rev.---401-352-535-30-65 Ernst &Whinney Professional services relating to year end audit Pay from various departments Firestone Stores For Tires & Tubes Pay from General Fund---001-193-519-30-22 ~isher Scientific ComDany Sartorius Balance Model %2842-SR for Water Treatment Plant Pay from Water & Sewer Rev.---401-332-533-60-42 Per bid 1/14/83, Council approved 2/1/83 Florida UnemDloyment Compensation Fund Unemployment Compensation for Quarter Ending 12/31/82. Pay from various departments COUNCIL A??ROVgD: Meeting: 7,712. 0 16,878. 0 13,987. 5 6,190. ~ 7,500.0 8,217.1 1,266.0 1,079.O -2- 10. 11. 12. 13. 14. 15. 16. 17. .!BM Corporation Rental System 34 for February, 1983 Pay from General Fund---various departments H~rold's Service Co.~ Inc. 5 Pistol Grip Akromatics for Fire Dept. Pay from General Fund---001-221-522-60-89 Hydraulic. Supply Co. 500 Ft. Vactor Hose per specifications Pay from Water & Sewer Rev.---401-351-535-30-45 Per bid 12/15/82, Council approved 12/21/82 ~amar Uniforms, IRc,. 116 Navy Shirts for Police Dept. Pay from General Fund---001-211-521-30-97 ~. I. Lime Company Lime for Water Treatment Plant Pay from Water & Sewer Rev.---401-332-533-30-65 Motorola Inc. 3 each, Radios, Mikes and Pagers for Police Dept. Pay from Federal Revenue Sharing---320-211-521-60-9E State Contract No. 725-24-82-1 Regency Dodge 4 Dodge Pickups PaY from Water & Sewer Rev.---various departments State Contract No. 070-00-83-1 Roberts Septic Tanks~ Inc. Improvements for Pumping Sewage at Little League Park per specifications. Pay from General Fund 1981/82 Budget: 001-722-572-60-34---$1,611.95 Pay from Federal Revenue Sharing 320-000-247-75-00---$4,103.05 Per bid 8/31/82, Council approved 9/8/82 South Central Regional Wastewater Treatment Board Interim Sludge Stabilization and Conditioning Facilities City's portion (50~) of various bills due Regional Board Pay from Utility General Fund---403-000-169-11-00 7,019. 0 1,664.1~0 1,075. 0 2,540.. 0 11,539. 4,560. 0 24,922.75 5,715.0 8,896.5 18. 19. 20. 21. -3- Isiah Andrews Driver for Senior Citizens Club 1 wk. Pay from Federal Revenue Sharing---320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 ~illie Ruth McGrad¥ Server for Senior Citizens Club 1 wk. Pay from Federal Revenue Sharing---320-641-564-40-5A Ordinance ~73-I5, passed 5/15/73 South Central Regional Wastewater Treatment Board City's share'Of Payment No. 9 for lime stabilization project 56,542. Trail Ford Tractor Co. Ford Tractor per approved bid 44,346. 70. 67. 0 0 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. Peter L.. Cheney, Cit~ Manager COUNGJL APPP, OVED: Meetin