Minutes 06-01-82MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT
CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 1, 1982
PRESENT
Walter Marry 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 Wolf., Asst. City Attorney
Mayor'Trauger called the meeting to order at 7:30 P.M. The
invocation was gzven by George Pasternack, President, Congre-
gation Beth Kodesh of Boynton Beach. The Pledge of Allegiance
to the Flag was led by Mayor Walter Marty Trauger.
Aqenda Approval
Councilmember Woolley added one item under Old Business: Item
D - Discuss County Girl Scout Park at the end of Sunset Road.
Councilman deLong moved to adopt the agenda with the addition
and items marked with asterisks as "Consent Agenda". Motion
seconded by Councilmember Woolley and carried 4-0.
Announcements
Mayor Trauger announced that Councilman Wright was absent due
to the death of his aunt.
Mayor Trauger read a Proclamation naming June 14 through July
4, 1982 as a period to Honor America and requested that copies
of this proclamation be sent to the Chamber of Commerce and
all civic groups to encourage all residents of BoyntOn Beach
· to fly the flag during this period. This was in the form of a
motion. Seconded by Councilman deLong, motion carried 4-0.
MINUTES
City Council Meetinq Mfnutes of May 4., 1982 ...... TABLED
Councilman deLong moved to remove this item from the table.
Motion seconded by Mrs. Woolley and carried 4-0.
The Mayor called for any additions or corrections and stated
that the corrections he made at the last meeting had been made.
Councilman deLong moved to accept the minutes as corrected.
Motion seconded by Mrs. Woolley and carried 4-0.
- 1 -
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
City Council Meetinq of May 18, 1982
Councilman deLong moved to approve the minutes as presented.
Motion seconded by Mrs. Woolley and carried 4-0.
PUBLIC AUDIENCE
Mayor Trauger asked that anyone in the audience that would like
to speak on any item on the agenda please come forward and give
their name to the City Clerk and they will be called upon when
that item comes up on the agenda.
He also asked that anyone who wished to speak on any subject
not on the agenda to please give their name to Mrs. Padgett
and they will be called.
Mayor Trauger then recognized County Commissioner Norman Gregory
who greeted the audience and addressed the Council as follows:
"Mr. Mayor and Ladies and Gentlemen of the City Council,
I am here tonight, not in the official capacity as the
Chairman of the Board of County Commissioners but rather
as John Q. Citizen of Boynton Beach and a candidate fo~
public office. I am here also as a very ardent supporter
of the golf course which Boynton Beach has been in the
process of developing over the past two years. And it
is in that spirit, Mr. Mayor and Ladies and Gentlemen of
the Council, that I wish to present to you today a check
from the campaign account of Norman Gregory to the tune
of One thousand dollars ($1,000.00) so that you may, at
some point in time, utilize these funds for that golf
course. There is just one stipulation and that is, with
a certain amount of ~the proceeds, that we do create a
plaque at the entrance of the golf course honoring those
members of the City who have given their time and their
efforts to bringing this particular program to fruition,
who at the offset some two years ago had a dream and
eventually hoped to bring that dream to a realization.
That is, of course, with the exclusion of my name. I
might add that of late I have had a great amount of dif-
ficulty in giving checks away so I wish you would take
this in the spirit in which it is intended.
Thank you very much."
The check for $1,000.00 was graciously accepted on behalf of
the City by Mayor Trauger.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
Mayor Trauger introduced Rep. Frank Messersmith, who said he
did not have a check to present but offered his assistance in
anyway possible. He recalled that he did help the City approxi-
mately two-years ago to get money back on our outfall system.
He advised that he was an encumbent in this area and hoped to
represent Boynton Beach in the future.
Councilman deLong complimented Rep. Messersmith on a job well
done and also praised him for the work he had done in the
Sheriff's Department in prior years.
Mrs. Joan Leek, 3506 S.E. Second Court, requested that the
acreage bordering residences be cleared.· She referred to the
acreage parcel lying south of S.E. 31st Avenue, north of S.E.
34th Avenue, east of Seacrest and west of the Railroad. She
did not ask that the entire parcel be cleared - just the
perimeter to keep the growth out of surrounding lawns.
Mr. Cheney explained that the City does not require all natural
habitat to be cleared. The landscape and tree ordinance
strengthened this policy according to Mr. Cheney. He stated
that this comes down to a council policy.
Mrs. Leek stated that debris is being dumped there, snakes are
living in the growth and children hide out in there. It has
become most~unsightly.
Mayor Trauger asked to have the Forester check this situation
and see what can be done 8 to 10 feet back from the perimeter
fence line.
Councilman deLong felt this should be given immediate attention.
At least the underbrush could be cleared out. These people
are entitled to some relief.
Mrs. Leek stated that she suspected drugs in the area. About
three weeks ago, three teenage boys came out of the habitat
there and acted like animals. She further stated that cars
pull up at night and teenagers go in there.
Mr. Wolf stated that basically this comes down to a policy
question. A number of cities exclude natural habitat from
clearing. The county has an ordinance that allows the clear-
ing of natural habitat in the area around other people's
property lines. If it gets to be a nuisance, natural habitat
can be removed. It may require a change in the ordinance.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
Councilman deLong moved to amend the ordinance along the lines
suggested by the City Attorney and judge each individual case
as presented.
Attorney Wolf offered to bring in the County Ordinance and
several other cities' ordinances for review by Council. He
was requested to review these and bring his recommendation to
the next meeting.
Motion seconded by Councilmember Woolley and carried 4-0.
Mrs. Pat Brady, 3404 S.E. 3rd Ct., spoke of the need to clear
the perimeter of this property and presented a petition signed
by residents of the area.
Bob Riley, 342 S.W. 4th Avenue, stated that he studied the
drainage report dated May 18, 1982. He agreed that areas other
than Mango Heights had drainage problems but he found it ironic
while swales were being repaired in other areas of the city,
people in his area were blacktopping their swales. The City
has been notified but the work was not stopped.
He further stated that he represented 5 home owners on S.W.
4th Avenue and requested permission to make their own swales
at their own expense. According to the report, the City cannot
afford the $15,000.00 that is required to do all the swales in
the area. He advised Council that he received a check today
from National Flood. For a premium of $75.00 a year, he stated
he gets $50,000.00 coverage on his home and $30,000.00 coverage
on the contents. Since 1979 he had received in the area of
$10,000.00 from National Flood and felt this was being paid
by the residents of Boynton.
Mr. Riley stated he had been in touch with National Flood in
Bethesda, Maryland, and also the Federal Insurance Administration
who advised that they are Checking to see if the City met the
criteria to be covered under National Flood. According to
Mr. Riley, representatives of these two offices visited the
City and made pictures of the pit in Mango Heights. He further
stated that they advised him that they were considering sub-
rogation against the City.
Mr. Riley requested permission to do their own swales in front
of five homes with a waiver of the permit fee.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
Councilman deLong stated that these people were entitled to
some relief as their condition was one of the worst in the en-
tire city, and he questioned why they should have to go to this
expense.
Mayor Trauger agreed and stated that he had no objection to
putting them on the swale listing. He pointed out that con-
siderable money had been spent in Mango Heights but there were
other problem-areas.
Councilman deLong asked ~that the report of black topping the
swales in that area be checked out.
Mr. Cheney made reference to having a swale area problem before
the Codes Enforcement Board.
Mr. Riley further advised that the Federal Insurance Administra-
tion had checked back as far as 1979; they are aware of this
pump being put in;and they have documentation, when they were
supposedly told that Florida Power & Light had a power failure
(he believed it was the second storm this year - they got
flooded on March 24 and April 24), supposedly from Florida
Power & Light that this pump works from it's own transformer.
It only utilizes 28~ of that transformer on a full operation.
That particular transformer is on a computer and for 24 hours
prior to-that flood and~for 24 hours after, there was no surge.
These people are looking into this. They are wondering if the
criteria has been met for the city to even qualify.
Councilman deLong stated that the criteria had been set at the
last meeting when the people in Mission Hill were allowed to
put in their own drainage system. He moved that this matter
be referred to the City Engineer and City Manager and these
people be allowed to proceed.
Mr. Cheney asked Mr. Riley for the names of the two gentlemen
he spoke to. Mr. Riley gave the names as Mr. Gallagher and
Mr. Bora in Bethesda, Maryland.
Motion seconded by. Councilmember Woolley. Mayor Trauger re-
stated the motion~ to turn the problem of preparing the swales
at the expense of the citizens in Mango Heights area as sug-
gested by Mr. Riley over to the City Manager and with the
appropriate design from the City Engineer. Motion carried 4-0.
ASTERISK (*) AS CONSENT AGENDA
Mayor Trauger explained the "Consent Agenda" items to the
audience. He stated that these were items which the City
Council had previously examined and interposed no objections
thereto.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
He read the following items to be considered "Consent Agenda"
and further clarified that, after he read these into the record,
there would be a motion to clear the agenda of these items.
One motion would be made for the acceptance of all the items.
IV. BIDS
A. Concrete Slab for Basketball Court - Recreation/Enqineerinq
(The Tabulation Committee recommends the acceptance of
the bid from JOHN P. NIEBEL, Boynton Beach, in the amount
of $4,700.00.)
B. Disposal of Scrap Water Meters - Utilities
(A request to accept a proposal from Davis Meter for old
used 3/4" and 1" water meters in the amount of $2,016.00,
and the Utilities Department would be granted a credit in
the amount of the sale.)
C. One (1) Vibratory Plate Compactor - Utilities
(The Tabulation Committee recommends the acceptance of
the bid from GRIFFIN EQUIPMENT, INC., West Palm Beach,
the amount of $1,300.00.)
in
E. T-Shirts
(The Tabulation Committee recommends the acceptance of
the bid from BARKER UNIFORMS, West Palm Beach, in the
amount of $3.40 each .... $1,700.00.)
VIII. OLD BUSINESS
Consider Change Order No. 3 - Russell & Axon Project
626-681-45; Lift Stations 316 & 319 -Boyle Construction
Consider Change Order No. 4 - Russell & Axon Project
626-681~45; Lift Stations 316 & 319- Boyle Construction
X. ADMINISTRATIVE
De
Gw
Consider Request for Six Month Extension on Site De-
velopment Plans for St. John Missionary Baptist Church
ApProval of Revocable One Year Permit to Use Public
Property
1. Donald J. Preloh-~801 S.E. 3rd Street, Boynton Beach
2. Georqe W. Condon- 805 S.E. 3rd Street, Boynton Beach
H. Approval Of Bills
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
ADMINISTRATION
e
e
e
e
Approval of Bills
Allied UniversalCorporation
Chlorine for Water Treatment
Pay from Water & Sewer Rev.---40!-332-533-30-65--1813.05
Pay from Bristol Springs ...... 407-353-535-90-12-- 32.22
Barker Uniforms
Green workmen's trousers
Pay from General Fund---001-195-419-30-97
Per bid 4/20/82
Board of County Commissioners
County landfill for month of April, 1982
Pay from General Fund---001-341-534-40-9A
Robert S. Curl, Consulting Energy Engineer
Engineering Services for Air Conditioning, Electric Work,
Ceiling for Alterations to City Hall per proposal.
Pay from General Fund---00t-000-247-09-00
Davis Water & Waste Industries
Odophos Liquid for Sewage Pumping
Pay from Water & Sewer Rev.---401-352-535-30-65
Florida Inn~ovation Group
Service fee for one year participation in F.I.G.
Pay from General Fund---001-121-512-40-7G
The Garden Store
Irrigation work and sodding Swale Construction Project
for Mission Hill Road and Church Hill Road
Pay from General Fund---001-4!l-541-60-3P
Per bid of 4/13/82
Halsey & Griffith Inc.
Files and Chairs for Central Office Supply
Pay from General Fund---001-000-141-01-00
IBM Corporation
Copier III Model 40 -- Usage- 2/27/82 to 3/29/82
Pay from General Fund---001-194-519-40-22
1,845.27
4,270.20
19,189.00
3,500.00
6,190.00
1,500.00
7,474.50
1,515.50
1,618.40
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
10.
11.
12.
13.
14.
15.
16.
17.
18.
Keatts Trucking
Partial payments for'Swale Construction Project
Pay from General Fund---001-411-541-60-3P
Per bid 4/13/82, Council approved 4/20/82
Koblar Constructors & Engineers Est.
1 MG Water Tank & Booster Station
Pay f~Dm Utility General Fund---403-000-169-01-00
Nalco Chemical Company
600 50ih.bags Na!co 918 Pulv---23,400.00
12 30ga!. Nalco 1 Liquid 1,965.36
Pay from Water & Sewer Rev.---401-332-533-30-65
Seyfarth, Shaw, Fairweather & Geratdson
Legal Services - March, 1982-Robert Brown Arbitration
Pay from General Fund---00!-141-514-40-6M
R. J. Sullivan Corp. Est. ~4
For Chemical Feed System Modification
Pay from Utility General Fund---403-000-169-01-00
Woodruff & Sons Inc. Est. ~3
City of Boynton Beach Santaluces High School
For period 4/18/82 to 5/15/82
Pay Util. Gen. Fund---403-000-169-01-00---$13,678.10
" " " " 403-000-169-11,00--- 7,258.84
Certified Welding Engineers, Inc.
Repair rear packing blade - San. Packer ~25
Pay from General Fund---001-341-534-40-33
Isiah Andrews
Driver for Senior Citizens Club 2 wks.
Pay from Federal Revenue Sharing---320-641-564-40-5A
Ordinance ~73-15, passed 5/15/73
Willie Ruth McGrady
Server for Senior Citizens Club 2 wks.
Pay from Federal Revenue Sharing---320-641-564-40-5A
Ordinance ~73-t5, passed 5/15/73
5,576.85
69,650.05
25,365.36
3,098.28
38,418.56
20,936.94'
1,320.00
140.40
134.40
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
Councilman deLong moved to approve the items as read by Mayor
Trauger; motion was seconded by Councilmember Woolley. Under
discussion, Vice Mayor Warnke questioned the amount of $7474.50
for the Garden Store and asked if this was a partial or com-
plete payment. Mr. Cheney advised that this was a partial pay-
ment.
Councilman deLong requested that the record reflect that he
had made_a thorough study of these items.
Motion carried 4-0.
BIDS
Boynton Beach 30-Acre Park Tennis Facility
Mr. Cheney referred to the schematic plan on display and noted
the first phase was to be the tennis center. Bids had been
received and he noted a time table problem on this land and
the building should be built by October. He recommended that
the bid be awarded to Lassiter Construction Company. The City
Manager called the Council's attention to his memo of June 1st
in which he listed the estimated costs for this project and
recommended finances as follows:
Estimated Costs
Wallace Roberts & Todd Contract
Rev. Consult. Inc.
Hutcheon Engineering
Gold Coast Engineering
Lassiter Construction
Estimate for Drainage Retention Basin
Contingencies
$54,500
3,000
1,350
1,535
498,890
18,000
20,000
$597,275
Recommended Finances
Source of Funds:
Reserve for Recreation Facility (GRS)
Reserve for Parks and Recreation
Earned Interest
$224,000
246,013
7,200
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
Recommended Finances (cont'd)
Source of Funds (cont' d)
Transfer of Funds from Existing Projects:
Reserve for Rec. Eqump.
(Enc. ~RS) 2000
Reserve for Pioneer
Canal Park (End. GRS) 685
Reserve for Ocean
Parkway Median (Enc. GRS) 697
Boat Club Park Restrooms 25000
Reserve for Horticulture
Supplies 2500
Tennis Court Resurfacing 11000
Park Maintenance Equip.
(Enc. GRS) 6000
Transfer from Undesignated
Reserves in General Fund
47,882 47,882
June 1, 1982
72,180
$597,275
Mr. Cheney recommended to proceed with this project as outlined
and stated this will be an asset to the community. He felt
the City would be very pleased With the quality of the Center
when completed.
Councilman deLong moved to accept the recommendation of the
Tabulation Committee and reject the bids on the tennis courts
only and accept the low bid on the complete package as sub-
mitted by Lassiter Construction, West Palm Beach. Motion was
seconded by Vice Mayor Warnke and carried 4-0.
Councilman deLong moved to accept the recommendation of the
'Tabulation Committee and award the bid to Lassiter Construction,
West Palm Beach, in the amount of $498,890.00 and to approve
the'financing plan as recommended by the City Manager in his
memo of June 1st, 1982. Motion was seconded by Councilmember
Woolley.
Mayor Trauger questioned what would happen to the budgeted
items that were listed under 'Transfer of Funds from existing
projects in the June 1st memo.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
The City Manager explained that a recommendation was forthcom-
ing on the Boat Club Park restrooms; we will have to re-budget
those items next year in the General Revenue Sharing as we re-
think about all of our needs. He said it seems at this point
that this project, for the good of the city, is more important
than those individual items.
Mr. Cheney further stated that some of the items there for
equipment is no longer needed since we have gone to contract
service and do not need the equipment since we are not going
to do the canal maintenance program in-house. If we are happy
with the contractor, these items will not be recommended in
the next budget but the other items will be re-budgeted.
Motion carried 4-0.
PUBLIC HEARING
None
DEVELOPMENT PLANS
Request for Excavation and Fill Permit -~South Palm Beach
Commerce Park, off High .Ridge Road & Miner Road near NCL
Railroad .... T~BLED'
Mr. Wolf requested that this item remain on the table. A
letter of credit has been received and Mr. Vance made some
recommendation concerning same and they have not been able to
get back with the developer for final approval. Councilman
deLong moved that the question remain on the table. Motion
seconded by Councilmember Woolley and carried 4-0.
LEGAL
Ordinances - 2nd Readinq - PUBLIC HEARING
None
Ordinances - 1st Readinq
Proposed Ordinance No. 82-14 RE: Annexation of 3.57 acre
tract of land (19-45S-43E) - First American Bank of Palm
Beach County
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
Mr. Wolf read proposed Ordinance No. 82-14 by title only:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH,
FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS
CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND ~HAT
WILT, UPC~ ITS ANNEXATION, CONSTITUTE A REASONABLY CO_MPACT ADDI-
TION TO THE CITY TERRITORY PUP~UA~ TO A PETITION OF THE OWNER
OF SAID TRACT OF LAND, REQUESTING ANNEXATION 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
DESIC4qATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED
IN SEPARATE ORDINANCES TO BE PASSED SIMULT3%NEOUSLY HEREWII~H; RE-
PEALING ~ ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; AND
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Councilman deLong moved for the adoption of Ordinance No. 82-14
on first reading.. Motion seconded by Councilmember Woolley.
Hearing no discussion, Mayor Trauger requested a roll call
vote.
Councilman deLong - Aye
Mayor Trauger - Aye
Vice Mayor Warnke - Aye
Councilmember Woolley - Aye
Motion carried 4-0.
Proposed Ordinance No. 82-15 Re: Building Numbering on all
Residences and Businesses - Requested by Vice Mayor James R.
Warnke
Attorney Wolf read proposed Ordinance No. 82-15 by title only:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING C~bAPTER 15, OFFENSES- MISCELLANEOUS, BY ADOPT-
lNG SECTION 15-16 PROVIDING FOR MANDATORY STREET NUN~ERING OF
HOUSES; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEAL CLAUSE;
PROVIDING AN EFFECTIVE DATE; PROVIDING AUIHORITY TO CODIFY AND
FOR OTHER PURPOSES.
Vice Mayor Warnke moved to table proposed Ordinance 82-15 for
further study. Motion seconded by Councilman deLong and
carried 4-0.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
Proposed Ordinance No. 82-16 Re: Amendment to Appendix A
Section ~8Ala - M-1 Industrial District
Attorney Wolf read proposed Ordinance No. 82-16 by title only:
AN ORDINANCE AMENDING APPENDIX A, "ZONING", SECTION 8, "M-1
/NDUSTRIAL DISTRICT REGULATIONS AND USE PROVISIONS", A, "M-1
INDUSTRIAL DISTRICT", 1, "USES PERMITI~D", OF THE BOYNTON BEACH
CODE OF ORDINANCES; PROVIDING FOR AUIHORITY TO CODIFY; PROVID-
ING FOR A SAVINGS CLAUSE; REPEALING PROVISION; AN EFFECTIVE
DATE AND FOR O~qER PURPOSES.
Councilman deLong moved to adopt proposed Ordinance 82-16 on
first reading and refer to the Planning and Zoning Board.
Motion seconded by Councilmember Woolley. Mayor Trauger
called for a roll call vote.
Vice Mayor Warnke - Aye
Counc±lmember Wooltey - Aye
Councilman deLong - Aye
Mayor Trauger - Aye
Motion carried 4-0.
Resolutions
Proposed Resolution No. 82-PP Re: Abandonment of Utility
Easement located in the west three (3) feet of Lots 9 and
10 of Sunset Court - Georqe & Joanne Cummins
Attorney Wolf read proposed Resolution No. 82-PP by title only:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH,
FLORIDA, VACATING AND ABANDONING A SPEC/AL PURPOSE UTILITY EASE-
MENT LOCATED IN 5~E WEST II~KEE FEET OF LOTS 9 AND 10 OF SUNSET
COURT SUBDIVISION AS RECORDED IN PLAT BOOK 11, PAGE 29 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A DIS~ FOR SAID EASEMENT, AND FOR
OTHER PURPOSES.
Councilman deLong moved for the adoption of Resolution No. 82-PP.
Motion seconded by Councilmember Woolley and, with no discussion,
the Mayor requested a .roll call vote.
Councilmember Woolley - Aye
Councilman deLong - Aye
Mayor Trauger - Aye
Vice Mayor Warnke - Aye
Motion carried 4-0.
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
Proposed Resolution No. 82-QQ Re: Requesting Concurrence
from Palm Beach County Board of County Commission for
Annexation - First ~merican Bank of Palm Beach County
Attorney Wolf read proposed Resolution No. 82-QQ by title only:
RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING PER-
MISSION FROM THE BOARD OF COUNTY OOMMISSIONERS PURSUANT TO FLORIDA
STATUTE ~171.962 TO REZONE LAND BEING ANNEXED. TO ~HE CITY OF
BOYNTON BEACH FROM 5HE COUNTY ZONING CLASSIFICATION A-G (COMPRE-
HENSIVE PLAN - COMMERCIAL) TO THE CITY ZONING CLASSIFICATION OF
C-3 (COMMUNITY GOMMERCLAL, ~LAND USE F.T.F~NT LOCAL RETAIL).
Councilman deLong moved for the adoption of Resolution No. 82=QQ.
Motion seconded by Councilmember Woolley. No discussion, the
Mayor requested a roll call.
Councilman deLong - Aye
Mayor Trauger - Aye
Vice Mayor Warnke - Aye
Councilmember Woolley - Aye
Motion carried 4-0.
Proposed Resolution No. 82-RR Re:
Ridqemointe Woods Villas
Approving Final Plat for
Attorney Wolf read proposed Resolution No. 82-RR by title only-:
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE
PLAT FOR RIDGEPOINTE WOODS VIT,I,AS, k SUBDMSION WITHIN THE CITY
OF BOYNTON BEACH.
Councilman deLong moved to adopt Resolution No. 82-RR. Motion
was seconded by Councilmember Woolley. No discussion, Mayor
Trauger requested a roll call vote.
Mayor Trauger - Aye
Vice Mayor Warnke - Aye
Councilmember Woolley - Aye
Councilman deLong - Aye
Other
Approval of Double Taxation Study
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
Mr. Cheney submitted a proposed agreement with Kelton and
Associates, Inc. and recommended that the City Council author-
ize the execution of same. He stated, "The current estimated
cost for the City for this Agreement is $7,373, assuming that
the fourteen (14) cities listed in the Kelton & Associates,
Inc. letter of May 17, 1982, execute similar'Agreements. If
the additional two cities not listed here, Palm Springs and
Lake Clarke Shores, also execute similar Agreements, the price
will be reduced a small amount."
Councilman deLong moved to approve the Double Taxation Study
as set forth in the City Manager's memorandum of June 1, 1982,
and execute the contract with Kelton & Associates. Motion
seconded by Councilmember Woolley and carried 4-0.
OLD BUSINESS
Report on Mission Hill Project
City Manager reported to Council that %he City had done ini-
tial survey work adequate to prepare proposed easements. Said
easements were turned over to Bill DuBois today and he will
~take them to property owners involved to see if they will exe-
cute them. The City staff had met with Mr. DuBois' contractor
and some 'changes will have to be made in the original plans.
Mri'duBois is aware of the proposed changes and he is working
closely with the group involved. When the project is done,
Mr. Cheney said he would sit down with the group and the con-
tractor and see where we stand and would keep the Council ad-
vised.
Councilman deLong moved to place the report on file.
seconded by Councilmember Woolley and carried 4-0.
Motion
Discuss County Girl ScoUt Park (Request by Councilmember Woolley)
Councilmember Wooltey referred to this county owned parcel
located at the end of the 900 Block of Sunset Road in Chapel
Hill and advised Council that the park continues to be used
for purposes which cannot be consistent with public park poli-
cies. She feels that it takes a great deal of time away from
the Boynton Beach Police who patrol it frequently.
Councilmember Woolley moved, to have Mr. Cheney write a letter
to Mr. Gregory and the County Commission and request that they
take some measures to pursue closing this park completely, or
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
at least at Sunset, or turn it over to the City. Councilmember
Woolley said it continues to be a real hindrance to the property
owners in that area and the people in Chapel Hill. Motion
seconded by Councilman deLong and carried 4-0.
NEW BUSINESS
Discuss Selection of Auditor for City Accounts for Fiscal Year
s _82
Councilman deLong stated that he had read the memo from the
City Manager and suggested that some recommendation come from
both the City Manager and the Finance Director.
Mr. Cheney advised that he had a real hesitation to make recom-
mendations relative to the auditor. An auditor really should
work for the Council as he audits what we do on a day to day
basis. There could be a slight question of some conflict if
we recommend the auditor who is auditing 'us.
Mayor Trauger said he felt he had had considerable experience,
both private and public, with audits and he thought that the
last two audit reports the'City had received from the current
auditing firm are more elaborate and in more detail than City
audits that he had seen for comparable cities or other audi-
tors. He alSo said they are intimately familiar with us and
he felt it advisable to stay with them.
Based on the Mayor's recommendation, Coun'cilman deLong moved
to retain the firm of Ernst & Whinney for .the next fiscal year
81-82 audit. Motion seconded by Councilmember Woolley and
carried 4-0.
Consider Proposal from Edward D. Stone, Jr. & Associates Re:
Boynton Beach Boat Club Park
Mr. Cheney stated that this 'idea to do a review of this pro-
ject came from Charlie Frederick. He too felt it was time to
give this project some attention. Mr. Cheney said we have
comments from time %o time about the boat ramps; two of them
are relatively new and two of them are older. The older ones
have some problems. We have problems with the walkway and it
is not safe any more. He further stated that there is a
tremendous amount of use of this park. He deemed it advisable
to have someone with recreation public use background come in
and give us some ideas. This is not an extensive study but
just a look-see to see what the potential of this park area
i$. It was his thinking that something had to be done in that
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
area to prepare it to be able to stand the heavy use that it
gets.
Mr. Cheney suggested that ~hese few dollars be spent to get
some outside advise to get the best for the area.
Mayor Trauger asked if any input had been received from the
Recreation and Parks Board as far as this project is concerned.
Mr. Frederick stated that this project had not been directly
presented to the Board but during the past several years, the
Board had recognized the importance of %hat facility. He did
not see a problem with the Board being agreeable to having a
study made on this property.
Councilman deLong questioned the financing of this study and
Mr. Cheney advised that currently there ms $15,000.00 encum-
bered in t'he General Revenue Sharing Funds to cover this ex-
penditure of jUst under $5,000.00. ~
Vice Mayor Warnke Stated that he had been involved with this
bOat club park for twenty-five years; he helped break ground
for the clubhouse and helped in the construction. He stated
that he did not feel that we needed a company from Ft. Lauderdale
to tell us what is best for that park for a fee of $5,000.00.
He suggested that the Recreation and Parks Department and
Board give the Council the direction in which to go.
Vice Mayor Warnke moved to reject the proposal of Edward D.
Stone, Jr. & Associates, in its .present form and refer the
matter to our Recreation and Parks Department for further in-
put on the improvements to the Boat Club Park. MOtion seconded
by Councilman deLong.
Under discussion, Councilmember Woolley also questioned Item
No. 1 of the proposal re "one day on-the-s~te tour" She said
it-seemed inconceivable to her, especially when it would not
be a Saturday or Sunday when it is extremely crowded there.
Mr. Cheney explained that this was for the purchase of experi-
ence and not on-site time.
The horrible condition of the restrooms was discussed. Vice
Mayor Warnke said the input was needed from the people that
use the park along with the Recreation Board and Department.
councilman deLong asked Mr. Frederick if he still had the plan
that was drawn up in 1976 when the Goldberg property was con-
sidered.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
Mr. Frederick answered in the affirmative and went on to clari-
fy the fact that when a consultant is brought in, there is a
direct and intense interaction between him and his staff and
through him to the Recreation Board in getting ideas. The con-
sultant will take their ideas and, with their wide experience,
try to assimilate these ideas into a workable design to give
maximum use of the space available which, in this case, is only
about 7.5 acres. He recalled a' survey made at the docks a few
years ago in which the people using the facility wanted improve-
ments to the ramp, better restrooms, more organized parking
and traffic layout. All of these things will go into design
when a consultant projects his final plan.
Councilmember Woolley asked if this could be handled by the
Department and Mr. Frederick answered negatively.
Councilmember Woolley then inquired if this short study wasn't
made, would'this work get done. Mr. Cheney answered that they
would put down some rough ideas, but this wouldn't be the ex-
pertise and experience of someone out of town that does it all
the time. If this is the Council's decision, that part of it
will get done. He said when we get to the end of that, then
we will decide what to do next.
Mayor Trauger called for a vote on the motion of the Vice Mayor-
~o reject the proposal from Edward D. Stone, Jr. & Associates
and refer back to our Parks and Recreation Department for
further study and.development. Motion carried 3-1, with
Councilmember Woolley voting nay.
ADMINISTRATIVE
Adopt Policy Related to Newspaper to be Used for Legal
Advertisinq .. .TABLED
CounCilman deLong moved to take this item from the table.
Seconded by Mrs. Woolley, motion carried 4-0.
Mr. Cheney referred to the updated survey submitted by the
City Clerk's Office under date of May 27, 1982. He pointed
out that the cheapest rate was offered by the Post Extra but
there were other facts to consider.
Councilman deLong asked for a recommendation. Mr. Cheney
stated that, based on cost, he and the City Clerk recommended
the Post Extra.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
Mr. Dean Skylar, representing the Boynton Beach News Journal,
came forward~ and reminded the Council of the News Journal's
commitment to the community and stated that he thought this
went further than the fact that their rate was not quite as
low as the Post Extra. The News Journal is part of your com-
munity. He pointed out that people that are interested in
Boynton Beach would read the News Journal in addition to one
of the other newspapers of larger circulation, but not many
people would subscribe to two major newspapers. He highly
recommended that the City use the News Journal as their legal
vehicle.
Councilmember Wool!ey reiterated the fact that she thought the
News Journal had been a very integral part of Boynton Beach.
She expressed her thanks for their interest and~support of the
community. Councilman deLong stated that he, too, felt that
the City had enjoyed extra good coverage by the News Journal.
Elliot Harris, 919 N.W. 10th Avenue, spoke on behalf of the
Boynton Beach Times, which is a free newspaper. He compared
the circulation figures of his paper of 31,000 against the
Post Extra with 15,000 and asked Council to reconsider the use
of the Boynton Beach Times because it can reach more readers
and handle our adver.tising faster.
Councilmember Woolley moved to place all legal ads in the
Boynton Beach News Journal and Planning & Zoning ads in the
Post Extra. Motion was seconded by Councilman deLong.
Vice Mayor Warnke asked the City Attorney if all these news-
papers were legally qualified to carry the advertisements.
Mr. Wolf stated that according to the Attorney General's
opinion, the Boynton Beach News Journal is capable of handling
all legal advertising except Planning & Zoning matters which
has to be carried in a paper that is published every day.
Motion carried 4-0.
~emor't on Use of City Vehicles ....................... TABLED
Councilman deLong moVed to leave this item on the table.
Seconded by Councilmember Woolley, motion carried 4-0.
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.MINUTES- REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
Consider Proposed Settlement - Court Case Re: VSH Realty, Inc.
vs City of Boynton Beach .............................. TABLED
Councilman deLong moved to leave %his question on the table.
Motion was seconded by Mrs. Woolley.
Mr. Wolf advised Council that the court case was presently set
for trial June 28. If a continuance is not granted, certain
matters will have to be handled and submitted to the court,
which will involve ~some work during the next several weeks.
This will run up some cost according to Mr. Wolf. He further
stated that he had not been able to get in touch with Mr.
Thomas, and he was advised that he was on a cruise.
Councilman deLong said Mr. Thomas had been representing this
group of people and he saw no reason not to hold off until his
return.
Mr. Cheney recommended that, if this item remains on the table,
it should be with the understanding that the attorneys will
proceed to do what they have to do to either get a continuance
or be prepared to handle the case on the date that it will be
heard.
With that understanding, Mayor Trauger called for the vote.
Motion carried 4-0.
Consider Recent Appointment to Municipal Police Officers'
Retirement Trust Fund
Mayor Trauger advised Council that, at the last Police Pension
Board meeting, it was brought to his attention that Chapter
185 of the Florida Statutes stipulates a two year term and
Mr. Ralph Diaz was appointed January 20, 1981. The Mayor said
he then checked with the City Attorney and in his letter of
May 18, Mr. Wolf advised that Mr. Diaz's term would end
January 20, 1983, and absence of misconduct on Mr. Diaz's
part, there would be no reappointment to the Board until that
time.
Councilman deLong moved to rescind the appointment of Mr.. Foot
and let Mr. Diaz continue his term of office. Vice Mayor
Warnke seconded the motion and the vote was 4-0.
Mayor Trauger said he would personally send a letter to Mr.
Foot apologizing for this error in appointing him to this
Board.
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
June 1, 1982
Consider Boat Club Regulations - Re: Prohibiting Overnight
Docking of Boats at Ramps, Cove, or Other Areas Of Park
Property
Vice Mayor Warnke referred to Charles Frederick's memo of
April 19, 1982, in which he recommended "Boat Club Park shall
be closed at 10 PM, except for fishermen and boaters and
official permit holders utilizing the Boat Club building."
Mr. Warnke stated that he agreed with the concept but felt
this was too ambiguous and should be clarified.
Councilman deLong moved to refer the request of Mr. Frederick,
with the input from Vice Mayor Warnke, to the attorney for
the preparation of the proper legal documents to assist in
establishing regulations for the use of the Boat Club Park.
Motion was seconded by Vice Mayor Warnke and carried 4-0.
ADJOURNMENT
Councilman deLong moved to adjourn. Seconded by Vice Mayor
Warnke, motion carried 4-0. The meeting was properly adjourned
at 9:07 P.M.
CITY OF BOYNTON BEACH
ATTEST:
~City Clerk
Secretary
(Two Tapes Transcribed)
Vice Mayor
un cilm~
~,/~ ~ ~man
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