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Minutes 04-06-82
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 6, 1982 PRE'SENT Walter "Marty" Trauger, Mayor James Warnke, Vice Mayor Joe deLong, COunCilman Patricia Woolley, Councilmember 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 the invocation would be by Rev. James M. Smith, First United Methodist Church, to be followed by the Pledge of Allegiance to the Flag, led by Councilman Samuel Lamar Wright. AGENDA APPROVAL Councilman deLong added an announcement under "F. Announcements" Under "VIII. OLD BUSINESS", he added "I'. Lease with Lichtenstein." City Manager Cheney stated that former Mayor Edward F. Harmening asked that a Proclamation relative to National Victim Rights Week be placed on the Agenda under "F, Announcements", as "6." Under "F. Announcements", Councilmember Woolley thought it would be appropriate to.mention the Arbor Day Celebration under "7", Mayor Trauger added under "X. ADMINISTRATIVE" an inquiry about Popeye's 'Restaurant on U. S. 1. Councilman deLong moved the adoption of the Agenda with the additions, seconded by Councilmember Woolley. Motion carried 5-0. Organizational Resolution - Rules of 'Or'der City Attorney Vance read proposed Resolution No. 82-Y by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTCN BEACH, FLORIDA, ADOPTING THE 1970 EDITION OF ROBER~"S RULES OF ORDER (LIBRARY OF CONGRESS CARD NO. 71-106451) AS OFFICIAL RULES OF ORDER" Councilman deLong moved the adoption of Resolution No. 82-Y, seconded by Councilman Wright. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman deLong Mayor Trauger Vice Mayor Warnke Councilmember Woolley Councilman Wright Aye Aye Aye Aye Aye Motion carried 5-0. ANNOUNCEMENTS Mayor Trauger said that he had a Proclamation for the Community ~INUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLQR~DA Relations Board and their Youth in Government Day. Proclamation - Youth in Government Day - April 28, 1982 Mayor Trauger read the proclamation. Proclamation - National Library Week - April 18th through April 24, 1982 APRIL 6, 1982 The Proclamation was read by Mayor Trauger. Proclamation - Local HistorY Month - April, 1982 Mayor Trauger read a Proclamation proclaiming the month of April, 1982 as Local H±story Month. MaUsoleum Dedication - Saturday, April 10, 1982 at 11:00 A. M. Mayor Trauger announced that the dedication of the new Mausoleum will be held Saturday morning, April 10, 1982 at.ll:00 A. M. Rev. Douglas H. Smith - Requested by Councilman deLong Councilman deLong announced that Rev. Douglas H. Smith, Minister of First United Presbyterian ChUrch of Boynton Beach, would be leaving the City next month, after being a ~±nister of the First United Presbyterian Church for somewhere in the neighborhood of sixteen years. During that period of time, Councilman deLong said Rev. smith had taken an active part in civic affairs. Councilman deLong felt it would be appropriate to give him a farewell message. Councilman deLong moved, seconded by Councilman Wright, that City Manager Cheney prepare the appropriate Resolution for presentation to Rev. Smith by the next meeting, No discussion. Motion carried 5-0. National Victim Rights Week - Requested by. former Mayor Edward F. Harmening Mayor Trauger read a Proclamation proclaiming the week of April 18th through the 24th, 1982 as NatiOnal Victim Rights Week. Arbor Day - Requested by Councilm'ember WooIley Councilmember Woolley announced that Thursday, April 8, 1982 had been set aside for Arbor Day ceremonies. Councilmember Wootley informed everyone that this was the second annual program, which has as its purpose the aim of encouraging attention throughout the City to tree planting and tree preservation programs. Councilmember Woolley said the City is celebrating Arbor Day with tree seedlings and planting at Poinciana Elementary School. A response was received from Poinciana Elementary School that all 900 of the students are participating in planting tree seedlings on school grounds. A plaque will be presented to the school principal for their involvement. The Mayor of Boynton Beach has been asked by the Chamber of Commerce's Beautification Committee to present the award on April 8, 1982 at approximately 9:30 A. M. Councilmember - 2 - MINUTES - REGULAR CITY COUNCIL .MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 Woolley assumed that anyone that was interested cOuld attend. City Manager Cheney advised that the Seedlings will be put there. The seedlings were prePared by the South TechniCal Education Center. MINUTES City Council Meeting Minutes'of ~pril' 5, 1982 Councilman deLong moved to table the minutes, seconded by Council- member Woolley. Motion 'carried 5~0. PUBLIC AUDIENCE Mayor Trauger stated if anyone in the audience would like to speak on any item not on the agenda, they may do so at this time. He added if anyone would tike to speak on an item on the agenda to please give their names to the City Clerk and they will be called upon when that item is the regular order of business. Mrs. Loren E. Avery, 425 S. W. 4th Avenue, Boynton Beach, said she wrote a letter to the City Council this week, and wanted to know if they received her letter. Councilman Wright asked her if it was regarding the heavy rain. Mrs. Avery replied, "Yes." Councilman Wright informed her that he received the letter. Mrs. AVery asked if it was on the Agenda about the automatic pump. Councilman Wright advised that ir'was on the Agenda. Mayor Trauger' also confirmed that it was on the Agenda. Mrs. Avery asked if she would get an answer about the automatic pump. Mayor Trauger assured her that she would. Robert C. Riley, 342 S. W, 4th Avenue, Boynton Beach, came forward. Mayor Trauger questioned whether he was speaking on the flooding. Mr. Riley answered that it was in reference to the pump, not the flooding.. Mayor Trauger thought one tied in with the other, council- member Woolley felt it would come up under "ADMINISTRATIVE C." Mayor Trauger believed "ADMINISTRATIVE C," which was to be a Report Concerning Recent Rains, was where it should come up. Mr, Riley said he was appearing in reference to the pump PERIOD. Mr. Riley was ashamed to be before them tonight because he thought he was wasting his time and the City Council's time. He also felt that he was wasting the taxpayers money. For new members of the Council, Mr. Riley advised that back in 1979, there was an 18 inch rain storm which was acclaimed a 100 year storm. Mr~ Riley further stated that members of the area of Mango Heights spent about a year at Council Meetings, and the City finally allocated $65,000.00 to install a pump system. There were a lot of words on both sides in reference to the installation of the pump, Mr. Riley informed the Council. A lot of quotes were made as to whether or not $65,000.00should be spent for a one time occurrence. - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 They went through with it, Mr. Riley believed, on a Federally subsi- dized program or on a Federal Revenue Sharing Program. One year after the approval of the pump, the contractor had been awarded a contract with a 120-day completion date. One year later, the pump was still not completed. ~. Riley got an engineering report through City Manager Cheney's office at that time stating that the pump did not meet the "specs" and that they had had a heavy rain, and the pit flooded but they found out they had left some plugs in the pump when they tested it. A week ago last Wednesday, Mr. Riley said the City had three inches of rain. He assured the Ccuncil he was not speaking in reference to the rain. At the time, Mr called City Manager Cheney He called Tom Clark, City that the pump was not runn Clark told him he was wron¢ him it was a 600 year stor~ man in the area called for and a young fellow in the 1 it was a 50 year storm, Mr. If they need a weather rep¢ Beach Weather, they would ing Department. Mr. Riley had a letter dat~ installed the pump, request Riley said the pump was not running. He s office, and Mr. Cheney was at a meeting. ;ngineer's Office, and advised Mr. Clark ng. Mr. Riley continued by saying Mr. I, the pump was running~ Mr. Clark advised L, Mr. Riley further said. Another gentle~ Mr. Cheney, was put through to Mr. Clark, :ngineering Department told this gentleman Riley continued. ,rt, Mr. Riley said they would call Palm .ot call City of Boynton Beach, Engineer- ~d October 15, 1981, to the contractor who zing that he make some changes, that they have to use wooden pegs to hold in the switches. Mr. Riley finally contacted City Manager Cheney the day after (March 31, 1982) the storm. Mr. Riley was told by City Manager Cheney to write a letter because he and Mr. Cheney other, and never have been Cheney advised him that thc not handle it. On Monday (April 5), Mr. Ri Edward Harmening at City H~ and mentioned the pump to ~ Harmening said, "Didn't thc switch on a 220 three phase the electric motor would nc [o not seem to be able to talk to each able to. Mr. Riley said that city Manager ~re was too much rain, and the pump could .ley had the honor of meeting former Mayor ~11. Mr. Riley was paying his water bill [ormer Mayor Harmening. Former Mayor ~y tell you? They installed a 110 volt line. So the switch burned out, and )t run." Mr. Riley said they went down there and switched it over to the gas operated motor, and the clutch let go. Mr. Riley thought if the CitY was going to spend $65,000.00, they should not get lies at theend of it. On Sunday night (April 4, 1982) when the rains did come again, Mr. Riley said they went down and the pump w-as not running and the ditch Was full. He said, "The only man we can get ahold of in town here %s Joe deLong on weekends." Mr. Riley said they called Councilman deLong. A few minutes later, three City trucks plus one of the supervisors was down there, and they were play- ing with a little float that floats up and down on the water. Then they got the pump to running, Mr. Riley continued, and he guessed the - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 pump ran all night, but they had a slight problem that night because no one had a flash light to look down the hole. Mr. Riley asked, "Now are we wasting our time or wasting our money in this City? Are we going backwards, or what?" Mr. Riley asked, when the City has a contract with a contractor, and there are "specs" put out on it, who has the authority to change the "specs". Mr. Riley also asked, "After the contractor is finished, especially on electrical contracting, when does the City Electrical Inspector inspect the contract? If so, who inspected this one?" Mr. Riley advised that you do not put 110 volt switches on three phase 220 lmne. Mayor Trauger remarked that there must be another side to this. He asked that City Engineer Clark speak. City Manager Cheney informed him that Mr. Clark was not here this week. All Mayor Trauger wanted to know was if the pump was back in service. City Manager Cheney advised that it has been in service all of these times. Mr. Cheney repeated that the pump has worked. Obviously, City Manager Cheney reported, the amount of rain you get has an obvious effect. City Manager Cheney said there were some problems with the pump. Those problems were identified, as the pump is working. Those problems happen to mechanical equipment, Mr. Cheney advised. For example, the clutch in the auxiliary pump had been operating for about two hours when it began to slip. A City employee was there and was aware it was slipping. It was the first time that the auxiliary pump has operated under strain since it was installed. City Manager Cheney told the Council it has been impossible to test the auxiliary pump without that kind of water and strain. When it was discovered the clutch was not working, we had employees there to switch the pump back to electrical service. It was switched over to the automatic while the employee was there to avoid the problem of electrical shorting out of the electrical system that particular night. On Wednesday night (March 30), Mr. Cheney stated when the clutch began to slip in the auxiliary pump, they went-back to the electric pump. City Manager Cheney had been there and when he went back at 9:30 or 10:00 o'clock at night, the water was all the way down, but the pump was working and the water was coming out full force. City Manager Cheney said he could verify that because he was there, in the rain, getting wet. The pump was working and water was going out on 1-95. In the process of that night, City Manager Cheney advised that the clutch system is being replaced by the contractor even though it is no longer under warranty. City Manager Cheney informed the Council that the contractor has done work at the water plant, is a reputable contractor, and is taking care of that. It is being replaced with a heavy duty clutch. This should not happen again. The whole electrical component and switch box system was installed as a unit component, he continued. This was the first time (that Wednesday night) that the electrical pump had been able, without a tremendous amount of water put in there by a fire pumper or something of that nature, to operate for a long period of time. - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 City Manager Cheney reported that they discovered o~ Sunday night (April 4), that there had been a burn out, probably from the long term operation of the previous Wednesday nigkt~ City Manager Cheney informed everyone that the pump does not start immediately, It starts when the water gets up to the flD~t~ val~e; therefore, the fact that it had not started when Mr'. Riley called him. City Manager Cheney took exception to the fact that it is impossible to get ahold of anybody in the City but Councilman deLong. Mr. Cheney said his phone is listed, and there is almost always someone at home at his house all 24 hours of the day or he is at City Hall. In general, City Manager Cheney advised that if people want him at a difficult time, he is at home.or at the problem site. That Sunday night, when City Manager~Cheney got there, the water was not yet up to the level of where the'valve is turned on. He pointed out that he got there with a flashlight too. They got the pump working that night, and the water was still rising close to'the top of the ditch (_about 4 or 5 feet below the top of the ditch). The pump worked all night long, City Manager continued, and the water did rise up pretty close to the top of the ditch. The pump was still working, and the water was pumping out on~ta~5-as fast as it could go. City Manager Cheney reported that they did discover there was an electric problem - that component has been replaced, but they overrode that electric component for that evening, and had no problem with the pump working.~all night. As discussed many times before, City Manager Cheney said a 100 year storm did not necessarily mean the storm happens only every_100 years. Mr. Cheney said it was an engineer's definition as to how much rain happens at a particular period of-time. Mr.' Cheney said theoretically, there is a 1% chance you will have that storm over a 100 year period of time. In the last three years, City Manager Cheney advised the City had that 1% chance three very vivid times, so it may happen again. Both storms that Wednesday and Sunday night were extremely unusual, City Manager Cheney continued. All of the drainage projects that have been done in the City the last couple of years have, as this pump .has, up until that Wednesday night, handl~' drainage very well. For example, City Manager Cheney referred to two pro- ~sc~s On N~. Seacrest in the area of 17th and 19th and the project on Miner Road. They all handled all of the storms the City has had in the swale system very well-up until ~this storm. City Manager Cheney said when the City has storms like that, he believed there is no way that the City can reasonably expend money or even that they can physically handle the problem of those kinds of heavy rains~ What happened in Mango Heights was, "Yes. they did have a pump. The pump did work. A tremendous amount of water was pumped out onto 1-95 up to the limit that the Department of Trans- portation would let the City pump out onto I-'95, but there was a lot of water backup in the streets, as there was water backup in the stre~S~th~o~a~h o~ th~c~ty_~l~%n~ some areas that the City has not had recently~" City Manager Cheney commented. - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 City Manager Cheney further informed everyone that the pump was not paid for by Federal funds, it was paid for by ~City~ funds. Councilman deLong said Mr.~Riley had called him on several occasions on differen't days. COuncilman deLong said he did contact City Manager Cheney's home, and someon~ was there ~%~o receive~ the message, and he was-quite sure City Manager Cheney got the message. Mayor Trauger. commented that when Council- man deLong and Mr. Riley called him, he i~mediately turned around and dialed City Manager Cheney, and City Manager Cheney was there and answered the phone. Councilman deLong said Sunday~night was when he did not get City Manager Cheney, He was out, City Manager Cheney was out at the pump on Sunday night, and when he got back on Wednesday night, vehicles had been there. City Manager Cheney did not knowwhether the pump was working on Wednesday night but'he knew the first time one of the City's employees got there was about 4:35 P. M., and the pump was working. Mr. Riley said he called at 3:30 P. M., and the pit was overflowing; Third Street was flooded; there was no pump running, and there was no water going to I~95, and the street was flooded, City Manager Cheney told Mr. Riley he was not'questioning that. All City Manager Cheney was telling Mr. Riley was that when the firSt employee got there at 4:35 P~ M,, the pump was operating good, Mr. Riley asked City Manager Cheney if the pump ever passed its "specs" of 2,250 gallons a minute, City Manager Cheney replied that he believed it didi~, Mr. Riley had a report~dated November 18, 1980 saying that they could not get any more than 1700 gallons out of it. City Manager Cheney said part of the problem was ha~ing enough water to do it with. He said they teSted it under water that was coming from fire hydrants from the fire truck that was putting water into the wet well. City Manager Cheney stated that ±t was difficult to arrange a test for that kind of a situation because of the nature of it. In reference to City Manager Cheney's statement before on swales in the City, Mr. Riley commented from a "piece" in the paper last ~onday~ ~ written by Steven J. Cohen where "rain storms prove swales work." Mr. Riley said the article said tka~ City officials ~a~n~e'de more work ~_is .needed to remove s~l! rock with pavement from road sides to create new swales, tt seemed strange to Mr. Riley that the City got flooded on Wednesday and Thursday, the City dropped a truck load of sh~!l~!ro~ck on'his swale. City Manager Cheney explained that they were trying to dry up Mr. Riley's area. He told Mr. Riley that one of the problems in his area was that the owner of the property at the bottom of the hill has (Mr. Cheney believed) shellrock with plastic underneath it, which prevents the water from draining into that .ditch. In addition, another person just to the west of Mr. Riley has just recently put shellrock (.Mr. Cheney believed) in'his swale, which will contribute to mo~e water coming down by Mr. Riley's house, which is not running into the pit, Mr. Cheney advised. - 7 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 Mr. Cheney said it would just contribute to more water coming down into that area. He said the City was in the process of trying to find the way to eliminate the sh~I1 rock and prevent people from putting shell rock into the swale area because it just goes diametrically opposed to the City's drainage control system. Manager Cheney knew of two people on Mr. Ritey's street who contributed to the problem, but he added there are many other people who contribute ~o the problem, City Manager Cheney in bid now a swale projec project on Mission Hil out asphalt pavement a way. City Manager Che unhappy, but the probl tremendous amount of w Riley's street gets. hood of water going in the neighbor Mr. Chene asphalt swale, so all 100% shared with the n City ~ormed Mr. Riley that the City has out to L which includes Mission Hill Road. On the 1 Road, the City will be going in and taking md recreating a swale in t~he City right-of- ney suspected-that resident will be very sm just to the west of that residence i~Hs a ater and more water, more .often than Mr. City Manager'Cheney said there was more likeli- to that~house. A lot of that is because of y referred to located to the east has a hard of the water that falls in that property is eighbors. Mr. Riley stated he was just told he would have to resod his swale. he storm of 1979, and £t cost him close to He resodded it after t $500.00. He asked if Cheney said they woul~ couple of months some had been doing it latz would be going in to · improperly built in tX that a project would h will recreate swales Street, 4th Avenue an Council could approwe fit, but they would h~ propose to go in and the plastic out that J of Mr. Riley's neighb¢ Cheney said they woul~ have their water stay City Manager Cheney s~ that comes straight, ~ distance, and the Cit~ reconstituted and kee that area. Mayor Trauger informe he was to resod it ~gain for $500.00. Mr. be proposing to the City Council in the next ~ddit±onai swale projects. He said the City ly at overall taxpapers' -iexpense, and they econstitute the swales which have been e past. City Manager Cheney further stated e proposed in the Mango Heights area that n the whole 25 ac~es on 3rd Avenue, 3rd · 5th Avenue. City Manager Cheney said the ~he project or not approve it, ~s they see ~e the information. He reiterated that they 'ecreate swales and' take' shell rock out, take s under the shell rock, snd try to keep all rs from shar'ing the water with him. Mr. try to have all of Mr. Riley'~s neighbors back up on the hill. ~id there is a tremendous amount of water from a northerly direction, for a long wants to try to get all of those swales all of that water from emptying down into Mr. Riley that the Council would be looking at it through the City Engineer. He did not believe the City could totally correct all of the flooding problems in the ~rea but he believed that the ten projects that are on the board for this year, plus the reexamination of Mr. Riley"-s are~ would go a long way to solving the problems. Mr. Riley thought they might be better off to have the Army Corps of Engineers assess the problem. He - 8 - MINUTES ~ REGULAR CITY COUNCIL MEETING BOYNTQN BEACH, FLORIDA APRIL 6, 1982 said the Army Corps of Engineers had already heard about it, and they are the world experts in flooding. Mr. Riley added that the Army Corps of Engineers also do it free;if you are in an area where flood insurance can be purchased, they will assess it free. Mr. Riley said it might be a log better than what the City has been getting in the past, because he did not think they were doing too well. Mayor Trauger said that may be, but it just proved the old Florida real estate addage, "Do not b~y a house until after a heavy rain." Mr. Riley retorted that he was 26-1/2 feet above sea level. Councilman Wright thought the clutch would help some or rectify some of Mr. Riley's problems. City Manager Cheney said that did not affect Mr. Riley~s problem. Mr, Riley remarked that what it boiled down to was the City allowed a contractor to put those homes in there and dig out a small two lot area for a pit to drain the water into rather than making them put in storm sewers. Councilman Wright felt the City should follow Mr. Riley's r~commendation~. At least the City could get some free help from the Army Corps of Engineers. City Manager Cheney said the Army Corps of'Engineers had juSt redeveloped a new flood map for the City, but the Army Corps of Engineers does not come in and do specific free engineering projects. Arthnr Fitzell, 337 S. W. 5th Avenue, Boynton Beach appeared before the Council. Mayor Trauger asked him if he wished to speak on the flooding. Mr. Fitzell said he wanted to speak on the swales. Mayor Trauger asked if the swales should be discussed-now, or was it part of the agenda. Mr. Fitzell advised that this may be some- thing different because it was a recently constructed swale. Mayor Trauger remarked that swales were swales whether they be old, new, or indifferent. Mr. Fitzell said this swale had "kind of" washed away and so did his dr±veway. Mr. Fitzell informed the Council that his swale keeps washing away and, with the recent rain, has washed completely away. Now his driveway is caving in, and Mr. Fitzeli said it needs immediate attention. Mr. Fitzell did not know if it was his responsibility or the City's responsibility, and he requested an answer. City Manager Cheney advised that first, in general, the swale is there, and the City is not involved in rebuilding it. The maintenance of the swale is~Mr. Fitzell's responsibility. Driveways are also Mr. F±tzell's responsibility, However, City Manager Cheney told Mr. Fitzell the City would go and look at it and talk to Mr. Fitzell and see if there is some other kind of circumstances that would suggest otherw±se. City Manager Cheney said the City t~ies to maintain the'principle that even though the swales are part of the public right~of-way, the public should ma±ntain their own. If peopte'~dolnot~maintain their own~ %he City will just'~have to maintain~them'w±th'City funds and the peoPle will just end up pay£ng for them anyway, so it is easier and better for people to maintain their own swales. The whole redoing project are for those who just, over the years, - 9 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 not been proper. at his. He assured Mr. Fitzell that the City would look Mr. Fitzell asked, if he repaired it~, would he need a permit. City Manager Cheney told Mr. Fitzell to let the City look at it. He said the City wanted to be sure Mr. Fitzell would do it in a way that would be acceptable. Councilman deLong told Mayor Trauger if the Council was to hear more on the subject, %hey should-go back ~o Robert!s Rules of Order. Therefore, Councilman deLong ~oved to suspend with the regular order of business and jump down to "ADMINISTRATIVE C". The motion was seconded by Councilman Wright. Motion carried 5-0. Report Concerning Recent Rains ~Report to be available at City Council Meeting Councilman Wright asked that City Manager Cheney send the Council a report after staff looks at Mr. Fitzell"s swale problem so that the Council would .have an idea of what the problem is. Joseph Reardon, 338 S, W. 4th A~venue, Boynton' Beach, informed the Council that he was able to reach Councilman deLong and Mayor Trauger. He pointed out that they were both home and available. Mr, Reardon asked City Manager Cheney two questions. He asked if there was a maintenance program on the pit. He also asked City Manager Cheney if he could recall the last time the pit was cleaned out .and maintained, Before Wednesday's storm, City Manager Cheney did not know off offhand when it was. He said it was mowed periodically but nothing is normally done other than mowing it, because the City wants to keep grass growing so i% will absorb as much water as possible. City Manager Cheney continued by saying if they clean ±t out and keep it dug out and dirt filled, it would lose some of its permeability. City Manager Cheney said they did go in after Wednesday's storm and clean out some of the muck. He advised that the pump is under a regular maintenance schedule and is checked every week by the pump people, who operate the lift station. City Manager Cheney said the utilities are checked. For example, the pumps for the lift station are monitored regularly but they still go bad. Obviously, Mr. Cheney continued, there is no guarantee there will not be a mechanical failure. Mr. Reardon advised that the actual pit i'tself would be a little difficult to notice because of the confute of the land, He advised there really has never been any grass there. Mr. Reardon has lived there in, that particular area for four years. He said there were some "pretty good sized" trees grow±ng in there. Mr, Reardon admitted it was kind of a rhetorical~question and. he should not have stated it that way because he knew the pit had-not~be~n ~infain~d. His concern to the City was there is sizeable .amount of homes in that area and if the pit is not maintained, the flap valve could be blocked open, and the pump could be blocked. It was Mr. Reardon's concern - 10 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 in the future that the City would 'have a regular monthly maintenance program on the pit. City Manager Cheney assured Mr. Reardon that and the acts of the water '.entrance. i_n.t~o/~ .... the pump are a part of checking the pump., MT. Cheney noted that Mr. Reardon said there was no grass. Everytime Mr. Cheney looks in there, there is a green bottom to it. Mr. Reard®n agreed there was vegetation but, he pointed ou~ that it does not look like grass. Mr, Reardon said that was his point. Mary Aspenwall, 613 S, W. 4th Avenue, Boynton Beach, wished to speak regarding the recent rain storm. She had written'a'~letter dated April 6, 1982 regarding the flooding last March 24 and March 29. "~ · Ms. Aspenwall and her neighbors of Lake Boynton Estates in the Southwest section of Boynton Beach are experiencing water damage in their homes. They had good drainage during rainstorms up to now. The addresses were in the 600 block, Ms. Aspenwall told the Council. Ms. Aspenwall informed the Council they actually saw the water running from east to west and coming from the north. After investigating the area, they noticed the drainage ditch along the railroad or what is N. W. 6th Street is blocked and, therefore, gets into their homes. Ms. Aspenwall said she had over an inch of water running into the back side of her house through the dining room. Gradually, it makes its way through her house, It has ruined her carpeting and caused a lot of damage to her furniture. Her neighbors had water damage to their homes also. She hoped the Council would find a solution to her problem and remedy the situation before the next rainstorm. City Manager Cheney advised Ms. Aspenwall this was on the west side of 1-95. He asked her if she lived there in 1979. Ms. Aspenwall replied that she had been here five years. He asked if she got water in April of 1979. Ms. Aspenwall replied, "No." City Manager Cheney said they did not know yet, but it was possible that what the City had done in Mango Heights in putting water into the east side of 1-95 may have affected the drainage under 1-95 and the west side. City Manager Cheney said it had not been determined yet. He said the problem apparently has to do with a meeting with the Department of Transportation and the Seaboard Railroad. Mr~ Cheney said it apparently has to do something with either_'the pipe that washed up or the pipe that was maintained, and some better drainage is needed on the west side of 1-95. in the area of the Seaboard Railroad. City Manager Ch~ney said it seemed to be a new problem that developed since April of 1979. He said the City was aware of it and that it may be a Department of Transportation problem, - 11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 City Manager Cheney said he would report back to -[~.S..Aspen~all ~at has happened. Counc~Wrightrequested~'that theCouncilhave~acopy of the report. He said some of the other people may want 'a copy of the report in writing. Mayor Trauger concurred. Vice Mayor Warnke commented that he'has lived in Boynton Beach for 26 years and in that time he has only seen' about five or six terrible rain storms, Two of those were in hurricanes. The other was in April of 1979, and two of them occurred in the last two weeks. Vice Mayor Warnke felt the City had a situation which was just like the hospital, There is a tremendous disaster, and the emergency room is inundated'with one hundred victims at one time. They are fully prepared to take care of those'victims on a normal basis, but not when so many come in, Vice Mayor Warnke advised that the City was in the same position%_ ~t can do everything it can to take care of normal drainage, but when there are very un- usual storms of this nature, the City cannot be expected to take care of disasters per se. Vice Mayor Warnke thought they had to look at it as an extremely unusual situation. Mayor Trauger advised that Mrs. Loren E. Avery appeared first on this subject and the Council called her attention to the agenda. He felt Mrs. Avery should have the opportunity to speak. Mrs. Loren E. Avery, 425 S. W, 4th'Avenue, Boynton Beach, stated that it was not an unusual emergency when you have a pump there to handle them when they have over ten inches of rain but flooded them when they have five or six inches. Mrs'. Avery exclaimed that there was something wrong, Councilman deLong asked if periodic inspections would not be in order to find out if the pump was in working order. City Manager Cheney advised that they have periodic inspections, and the pump has been working all the time, Councilman deLong remarked that it had never failed when they inspected it, .but when they had the rain, it failed. City Manager Cheney advised that it did. not fail, it worked, It worked and it pumped the water. Mrs. Avery told the Council that on Wednesday, they had water in their house, and they did not have ten inches of rain yet, They had ten inches of rain on Sunday, and they did not get water in the house, because the men got after it and got the City down there, and got the pump going, City Manager Cheney explained that on Wednesday, there was 3,7 inches of water between 2:30 P. M. and 6:30 P. M.,. which was a lot of water in four hours. On Sunday, there was eight inches of rain in a 15 or 16 hour period. Mrs. Avery did not know where City Manager Cheney got 15 o.r 16 hours, as it rained a little through the evening and from Midnight on it rained hard, but she said it did not run 16 hours. City Manager Cheney remarked that it started about 8:30. The high point of the water in Mrs, Avery's yard was 12:30 and 1:00 A. M. It never got nearer than eleven feet from the house. Mrs. Avery noted they said it has only happened a couple of times. She said they only lived there since 1976 but in September of 1976, Labor Day Weekend, they had water up - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 to their 'fron~door. feet of the porch: It did not come in, but it got to within three In another year, in the fall, Mrs. Avery was getting ready to go to a funeral, and there was water up to their front door again. She thought it was about 1980, after the big storm. Twice, this last week they had it, City Manager Cheney asked Mrs. Avery if she had water in her house last Wednesday, She replied, "Yes." Mrs. Avery said they didn't get any water in the house on Sunday. Sunday, Mrs. Avery recalled, it took the water longer to come so it did not get so far up, but there was a lot more of it. Mayor Trauger told Mrs. Avery they hoped to have the pump system working better this time and to keep it going. Mrs. Avery said the pump was working on Sunday and took care of it. As for mowing the pit, Mrs. Avery advised thaH nothing could get in there and mow it the way it has been. The trash in there was not cut down until after the storm last Wednesday, Mrs. Avery informed the Council. She said there were trees.and shrubs in there. Councilman deLong asked if there~was any idea of what the cost would be to put a proper drainage system in over there. It seemed to Councilman deLong that the City was living in the Dark Ages when they buy a couple of~lots and empties the water inHo the lots, builds a pit and empties the water. Councilman deLong felt that was regression. He asked if there was any way they could get an idea of what it would cost to get the proper drainage system up there. City Manager Cheney said .with a 25 acre area, 8 inch deep swales, he thought about $35,000.00. Co~ncilman'deLong asked if that particular area, as that .is where all o£ the complaints are coming from, should be moved up on the priority list. City Manager Cheney answered, "No." He thought the City had-ma~y~ other valid and legitimate complaints, Mayor Trauger thought they shoUld stick to the ten that are currently on the list because the City invested $65,000.00 in it and maintenance. Mayor Trauger stressed that there were ten other areas immediately on the priority list plus another fifteen beyond that. He-could not quite conceive of putting all of the City's money in one basket when there were so many that were needy. Councilman deLong did not say to put them~all in one basket. The idea was to have a priority list and. get it started. Councilman Wright thought perhaps it should be considered at the next budget process because the Council should really take a look at it. He said the way they described it, it was really sad. Councilman Wright said Bob R~Tey had al~so called him about the matter. They did not get him on Sunday or Wednesday but on one morning. He thought City Manager Cheney could bring backa report of how much money it would cost to take care of some of these matters. Mayor Trauger thought that was worhthwhite considering. Mayor Trauger said he could not get out of his house either because of the street. He said the City was addressing the problem, and he hoped they could keep going with it. - 13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL '6, 1982 Robert Leder, 419 S. W. 4th Avenue, Boynton Beach, noted that a Councilman mentioned that he has lived here for quite a few years and has never seen but just a few storms such as we had in the past few weeks. Mr. Leder informed everyone that he-has lived here since 1973. City Manager Cheney mentioned the rock bed. in front of his fence specifically, Mr. Leder recalled.. Mr. Leder said he went through a lot of expense to.~remove the sod and put in the circular drive and rock pit back in late 1973. Mr. Leder remembered that he went to the City, moved in, and at that time he questioned the capability of the pit to handle the water. He had water up to his front ~Dr in storms. Mr. Leder advised that his front lawn was a mess, and he could not maintain a front lawn, so he we~t to the expense of putting in the circular drive with the rocks. Mr. Leder said it really~di~ no good as far as water flowing in or out. He had water there before he put the rocks in and there is water in there now, as well as his neighbor, so the rocks being there is a very poor excuse. The plastic under the rocks has deterio~ate~ it is no longer there. Mr. Leder said they have had storms there year after year and expense. He stated he had gone through a lot of hours trying t0~maintain a lawn, and s~ have ~he neighbOr~. M~. L~e~'tO~t~e Co~d~this was rididmlous]~o~continue this. One thing Mr. Avery and he discmssed was the possibility of coming to the City and maybe putting~a french drain at their two drives to help alleviate the water that lays heavily in'their corner. They felt it would alleviate some of the problem, He said they were at the low spot and are like 24 feet above sea level, Mr. Leder commented that the pit was another problem. He felt it was an engineering nightmare. He said he could show thepi~and their street level, and it~did not coincide anywhere near the proper drainage levels. Hollis Lounsbury, 110 South Boulevard, Boynton Beach informed the Council that a couple of weeks ago, they met with Councilman deLong and presented an application for relief from water problems at 110 South Boulevard, High Point, and also for an encroachment on the cemetery, Mr. Lounsbury advised that~ they met with City Manager Cheney and Councilman deLong. Mr. Lounsbury wondered if anything further had been done or if they had heard anything concrete. City Manager Cheney said he would get an answer for Mr, Lounsbury but he did not have an answer at this point. Gregory Smith, 345 DeCarie Street,'.told.the. Council he was a member of the Boynton Beach Jaycees, Mr. Smith said .the Boynton Beach Jaycees had a proposal. They want to have' a shark tournament and have it at their club house in Boynton Beach and use the Boynton Inlet to bring the fish in. Mr. Smith said the Boynton Beach Jay- cees wished to have the shark tournament to raise money for muscular dystrophy. He said Lake Worth used to have them but they had problems. Mr. Smith said the Boynton Beach Jaycees corrected everything that could possibly be wrong. Mr. Smith' said the Marine Biological College in Miami will take all of the fish that the Boynton Beach Jaycees bring in. - 14 - MINUTES - REG~ULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 Mr, Smith predicted that the tournament would bring in money for Muscular Dystrophy, bring in tourists (Lake Worth used to bring in 10,000 or 15,000 people) and he wanted to get the OK from the City. Mayor Trauger asked City Attorney Vance for his comments. City Attorney Vance said he would like to see~the proposal, Mr. Smith said it would be in September, which Mayor Trauge~ thought would give the Council enough time to see the proposal through. Mayor Trauger asked if it was the same thing he saw in Lake Worth a few years ago, when they had those dead sharks laying all around up there. Mr. Smith replied that was correct; but the sharks would be taken away three times a day, and there will be no sharks lying around. Mr. Smith said they wanted to have it in the Boynton BeaCh Boat Club, Mayor Trauger recommended that they get the proposal~to City Manager Cheney; City Attorney Vance would examine it, and they could put it on the agenda and notify Mr. Smith. Mr. Owen A. Anderson appeared before the Council to speak for Dr. Richard Masella, on behalf of the Gre~ter Boynton Beach Ch'amber of Con~nerce, Dr. Richard Masella entered the :room and.came forward to speak. Dr, Richard Masella, 1425 S. W. 28th Avenue, Boynton Beach, President of the Greater Boynton Beach Chamber of Commerce. read a statement from the Chamber of Commerce, A copy of said statement is attached and made a part hereof, The Chamber of Commerce urged the support Of the City Council in'bringing a new Farmers' Market to South Palm Beach County. Mayor Trauger asked if the Council had any comments. Councilman deLong pointed out that the City died not know where the Farmers' Market would be located, and he would like to have the judgment of the people who live in any place where it would be located before the Council takes any action. Mayor Trauger thou'ght the Council should wait for the development-, find out .where the Farmers' Market will be, and then place it on.~the Agenda. CoUncilman Wright moved, seconded by Councilmember Woolley, to revert back to the regular order of business. Motion carried 5-0. BIDS Playground Slide '- Wilson Park .- Recreation & Parks City Manager Cheney adviSed that the Tabulation Committee recommended that the bid be awarded to Mimacle Recreation Equipment'Co., as they meet all of the specifications. He pointed out that it was not the low bidder did not meet the specifications. Councilman deLong mo~ved to accept the recommendation of the Tabula- tion Committee and award the bid to Miracle Recreation Equipment Co. Fern Park, Florida, in the amount of $2,611.00. The motion was - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 seconded by Councilmember Woolley. 5-0. No discussion. Motion carried Visible Record Systems Art Steel F480 or Equal - Water Treatment Plant City Manager Cheney said this would be an additional system in the UtilitY Department. He recommended that the award be made to Halsey's. Councilman deLong moved to~.appr©~e the-recommendation of the Tabulation Committee and accept the bid from Halsey"s, Fort Lauderdale, Florida, in the amount of $219,74 each for a total of $1,538.18. The motion was seconded~by Councilmember Woolley. No discussion. Motion carried 5-0. 15,000 Consecutively Numbered Beach Decals - City Cl'erk's Office, Recreation & Parks Councilman Wright moved to accept the recommendation of the Tabulation Committee and award the bid to Creative Products Inter- national, Tampa, Florida, in the amount of $990.00 for 15,000 consecutively numbered beach decals. The motion was seconded by Councilmember Woolley. Councilman deLong was disturbed'about the People who sell their .cars and scrape their decals off, and bring them in, then the City makes them pay $3.00 for another decal. As long as they had a decal and then sell their car, Councilman deLong did not see why they had to pay another $3,00. He thought they should be given a minimum fee of what it cost for t.he decal. Here, they are being given double barrel .action, Counc±tman deLong continued. When he sold his car in February or March, Councilman deLong said he had to pay another $3.00. Councilman deLong did not think it was fair. He thought the Council should take it into consideration. Tereesa Padgett, City Clerk, advised that the policy was that if you live in the City and have more than one car, you have to have a decal for each car. Councilman deLong said he was talking about the people who sold their cars, and he had several complaints from several people who sold their cars, took the decal off, and came in and were charged $3.00. Tereesa Padgett, City Clerk, said $3.00 is charged for every decal that is issued. City Manager Cheney thought it Was written in the ordinance and asked if they wished to consider an amendment to the ordinance. Mayor Trauger took a vote on the motion to accept the bid. motion carried 5-0. The Councilman deLong moved to amend the ordinance pertaining to beach decals. Councilman Warnke seconded the motion. Councilman deLOng stated that he looked into the matter and knew what he was doing. The motion carried 3-2, with Councilmember Woolley and Councilman Wright voting 'against the motion. - 16 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 Anhydrous Ammonia - Water Treatment Plant Councilman deLong moved to accept the recommendation of the Tabulation Committee and award the bid to Bower Ammonia-& Chemical Co., Philadelphia, Pennsylvania, in %he amount of 18¢ per pound. The motion was seconded by Councilmember Woolley. No discussion. Motion carried 5-0. Bulk Quicklime - Water Treatment Pliant City Manager Cheney recommended that the bid be awarded to-~Al!ied Products Co., Birmingham, Alabama. .He advised that it was also an open purchase order arrangement. Councilman deLongmoved to approve the recommendation of the Tabulation Committee and accept the bid of Allied Products-Co., Birm±ngha~, Alabama, in the amount of $75.65 per ton. Councitmember Woolley seconded the motion. No discussion. The motion carried 5-0. PUBLIC HEARING - 8:0~0 P ' M. None. DEVELOPMENT PLANS Request to accept applications and for City Planne~ to follow time table to accomplish appropriate procedures - Applicant: First American Bank of Palm Beach County for Annexation, Rezoning, Land Use Amendment City Manager Cheney informed the Council that this was a piece of land on the west side of Congress Avenue and was one of the out parcels of the deBartolo Mall. He asked Ca~men Annunziato, City Planner, to explain what was happening here. Mr. Annunziato said they attempted to structure for the Council a process or procedure whereby the steps to.accomplish the annexation and rezone the property and for amendment of the future land use element of the Comprehensive Plan are laid out in visual form. Mr. Annunziato said they did that because the process is quite complicated and involves several types of~ public hearings and involves consistency, not only with.the Annexation Resol-ution but several State Statutes concerning annexation and how that impacts on the Comprehensive Plan. Mr. Carmen Annunziato, City Planner, recommended that the Council forward the request to the Planning and Zoning Board for a public hearing on the issues. At that point, the Board would make a recommendation to the City Council, based on comments which they will receive from the City Staff as to the impact the annexation will make on the various departments. Mr. Annunziato said it would give the Board an opportunity to evaluate the application with respect to what it means in terms of staff services and the like. Mr. Annunziato felt this would be the item that would break the - 17 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 lock in the annexations on Congress Avenue. Mr. Annunziato commented that everyone had been waiting for a long time to see something happen on the west side of Congress north of 2nd Avenue. He advised that this applicant expresses no reluctance to annexation and expresses a willingness to cooperate with the City and to comply with all City regUlations as they exist to date. City Manager Cheney told the Council they would receive a copy of time table which summarizes and identifies 23 steps that may take place of what may happen from time to time. Councilman deLong moved to accept the recommendations of the City Planner, Carmen Annunziato, and ac'cept the applications or'First American Bank of Palm Beach County for annexation as outlined in the Memorandum dated March 30, 1982 from Carmen S. Annunziato, City Planner, to Peter Cheney, City Manager, and to make the memo a part of the public record. Councilman deLong felt City Manager Cheney and City Planner Annunziato should be complimented because it seemed to him that it was only a month or so ago that someone appeared and said he was oing to put a twelve story building in there. We Will be able to eep height limitation at the 45' as the people voted. Councilmember Woolley seconded the motion. Mayor Trauger expressed that he was glad to see this coming in with a time schedule. The~motion carried 5-0. Request for Excavation and Fill Permlt ~' South Palm Beach-Commerce Park, off High Ridge Road ~d Mi~er ROad'near SCL Railroad City Manager Cheney referred the Council to his memorandum dated April 6, 1982. Basically, City Manager Cheney said they were recommending the modified request for excavation of a piece of property that had been identified as being near the Rollyson Plant and Florida Pneumatic Plant on that part of High Ridge Road that does not come down to 22nd yet. To get to it, you have to go to Hypoluxo Road. City Manager Cheney said the applicants want to develop that piece of land, and they desire to excavate some of the land to a lower level. He informed the Council that the applicants had applied for a permit, consistent with a relatively new Ordinance that the Council adopted, No. 81-37, which was adopted in the latter part of 1981, which allows excavation or removal ~of dirt in connection with development. City Manager Cheney advised that the recommendation of the City Engineer, Tom Clark, was concurred with by all stall.members of the Technical Review Board, City'Manager Cheney again referred the Council to his memorandum of April 6, where he stated in the third paragraph that "The Council may want to deal further with the policy issue concerning the extent to which it feels excavation Should be reasonably allowed." If Council concurs with the recommendation that the permit should be granted, City Manager Cheney recommended that they attach to the permit a condition that a bond be filed that would guarantee the construction of the rest - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA APRIL 6, 1982 of High Ridge Road during the next twelve month period. City Manager Cheney reminded the Council that they had wanted for some time to have High Ridge Road extended down to N. W. 22nd Avenue. Some while ago, the master plan was rewiewed for this project, City Manager Cheney continued, and one of the conditions of master plan approval was the extension of High Ridge Road. He thought, the extension of High Ridge Road should be made a condition as a part of the permit because they'~often think things will happen and the developer is changed and things get delayed, and it remains undone in the future, City Manager Cheney reiterated that the City needs High Ridge Road i~te~ded~to prop~y serve that part of the City and to serve two industries that are already located in that area, which are United Metal Technologies and Florida Pneumatic. The only way in which the City can qrant permission for excavation and dirt removal is in connection with development, City Manager Cheney advised, Therefore, he said they would have to assume that the builders and owners are-beginning the development process. If they are not beginning the development process,.City Manager Cheney advised they. would not be complying with the ordinance. If they are beginning the development process, City Manager Cheney thought it was reasonable to expect a performance bond for construction of High Ridge Road. He did not have the price on that at the meeting but said he would get it. City Manager Cheney informed the council that there were two bonds involved. One was for the construction of High Ridge Road,~ and the second was a clean-up bond. Councilman deLong expressed that he had been waiting to see this for many years. He'stated there are people up there at the present time within the City limits, Councilman deLong informed the Council that the only way the City could service those people if they needed police or fire protection would be to go all the way up to Hypoluxo Road and down, He felt this would be a very good arrangement, but he wanted to hear the applicants commit themselves to putting High Ridge Road through and said it had to be part of the motion, Michael B. Schorah, Professional Eng±neer, Mickael B. Schorah & Associates, Inc. Suite 205, 1850 Forest Hill Boulevard, West Palm Beach, Florida, appeared before the Council. Mayor Trauger asked him if he understood that the Council was looking for a commitment for the improvement of High Ridge Road and a bond for any additional damage to the other road. Mr. Schorah replied, "Yes we do." Mr. Schorah announced that he was engineer for the project, known as the South Palm Beach Commerce Park. He said they were aware of the request from City Manager Cheney. and have worked long and hard with %he ~sta£f to get to the point Where they are today. Mr. Schorah stated they have reiterated in many, many words and have become pen pals with the staff in this regard, but the latest request to bond the road was something they had not anticipated. - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 However, Mr. $chorah informed the Council that James Trindade represents Industrial Associates and has in his hand a document to be executed between themselves and the property to the north, known as Point Manalapan. Mr. Schorah advised that they are joint venturing and agreeing to post a letter of escrow which amounts to $120,000.00 to cover the construction of High Ridge Road. He said it had been made a condition of the approval of-a plat of an industrial subdivision that High Ridge Road is constructed under the normal procedures that the C±ty~has.to construct this road and also to construct the improvements on site. He referred to a performance bond, Mr. Schorah d±~ not know whether or not the agreement would be satisfactory to the'Council. He noticed that City A~torney Vance was shaking his head, Mr. Schorah said perhaps the agreement could be adjusted to make the City a party t~ the agreement. In essence, City Attorney Vance said it was a form of letter of credit, as he understood it. He said the City does not accept letters of credit. City'Attorney. Vance stated there was a "lousy" case law in Dade County regarding letters of credit, so the City will insist on a~bond. Under the circumstances here, Mr. $chorah thought they were some- what different than the normal procedure. He told'City Attorney Vance, "You~areassuming that you ar~e accepting a performance bond for this project prior to the plat b~.ing in,an approYab~e position. We assume that if we go ahead £~rom this point that you will approve the plat," City Attorney Vance stated that it works both ways. He told Mr. Schorah he was requesting an excavation permit in connection with development, and the City is not guaranteed~iof development until they get the plat and the necessary bond. Councilman thought the question could be laid on the table until the City Manager and the City Attorney Could wOrk out.exactly what-the City ShOuld do. Councilman deLong moved to lay the ques- tion on the table. James Trindade, one of the owners of the property and the developer, saw the City's position and point. He .commented that City Manager Cheney made his point with respect to the development of High Ridge Road. Mr. Trindade stated ,that they were~quite anxious to pursue the realistic arrival that sometime every6ne could drive on that road when it is developed. There was concern on Mr. Trindade's part, not only that their master plan and final approval is going to come about, because he was sure that it would as it was quite consistent with what everyone would be appreciating in the future, and he did not believe he had a problem ¢ommiting because they had already committed to develop High Ridge Road, but his concern at this point and time was posting a performance bond. In order to accomplish posting a performance bond, Mr. Trindade told the Council they would have to have a couple of things in - 20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 order. He said he could not obtain a performance bond, as the Council speaks of it, without having a commitment and a bid solidified from a qualified company to build the road, which means the total plans and drawings for High Ridge Road extension must be completed before that. Then Mr. Trindade said they could let bids out and determine who is going to build the road. With that development, they could go out and obtain a performance bond. Prior to that point and time, Mr. T~indade told the Council that was what they need to discuss. He said he was more than happy to come in with whatever security would be necessary to make e~eryone~feel more comfortable. Mr. Trindade advised that Bill Benjamin~ pOint Manalapan Corpor.ation, a development company, is annexing into. the ~i~y of~-B~ynton Beach. One of Mr. Benjamin's conditions of ~annexation, Mr. Trindade continued, is that he builds the road. Rather than play the stand off game, Mr. Trindade said they had a meeting of minds. In fact, Attorney Raymond Royce, Palm Beach, prepared a twelve page agree- ment stating, in fact, that they will build the road. City Attorney Vance advised~that Mr. Trindade did have a problem, but he fe~t it was something the City may well be able to work out. He said it was a peculiar situation. City Attorney Vance suggested Councilman deLong's motion. Mr. Trindade stated that it was hard to take a hard line stand when you have to put up a performance bond. He asked if the Council understood the situation. City Attorney Vance said he could under- stand the problem. Councilman Wright asked Mr. Tr~ndade if he was saying in the letter of March 8th that %hey were not agreeing to what he said here under the sewer and water areas. M~. Trindade was not sure he understood, Councilman Wright referred to the letter from' MiChael B. Schorah, Professional Engineer. Councilman Wright had a concern about the elevation. Mr. Trindade assured Councilman Wright that it had all been worked out. Vice Mayor Warnke seconded Councilman deLong's'motion to table the item so that the City Manager and-City Attorney and the applicant can resolve the problem as to the performance bonds. Mr. Trindade asked what the reason~was for tabling the item. It has not been approved. Mr..Trindade suggested a recommendation that the permit be approved subject to them working it out because time is of the essence and there wasa tremendous dollar consider- ation and carrying costs if the property is held up. He stated it had been held up for considerable periods of time already. Mayor Trauger said the reason for tabling the item was because the City Attorney could not give ~he Council that they have the bonds in hand to approve the application. Once the City has that in hand, then the Council can approve it. Mayor Tra~ger explained that the tabling is so they can get together and iron the difficulties on Mr. Trindade's part and the CitY's point of view. - 21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 A vote was taken on Councilman deLong's motion, and the motion carried 5-0. LEGAL Ordinances - 2nd Reading - PUBLIC HE~RING None. Ordinances - 1st Reading None. Resolutions Proposed Resolution No. 82,Z to Sign Re: Designating those Authorized City Attorney Vance read proposed Resolution No, 82~Z by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNkTING AUTHORIZED INDIVIDUALS TO PREPB/IE, SIGN AND COUNTERSIGN CHECKS, VO~RS, AND WITHDRAWAL SLIPS DRAWN ON CITY DEPOSITORIES." Councilman deLong moved the adoption of Resolution No. 82-Z, seconded by Councilmember Woolley. Mrs. Padgett-took a roll call vote on the motion as follows: Mayor Trauger - Aye Vice Mayor Warnke - Aye Councilmember Woolley - Aye Councilman Wright - Aye Councilman deLong - Aye Motion carried 5-0. Proposed Resolution No. 82-AA Re: Ratifying Action Taken by South Central Regional Wastewater Treatment & Disposal Board - Sludge COnditioning & S~abii~za~on~ Pr~eC~~-, ~fS~ Engineering Portion. of Project to Russeli& Axon City Attorney Vance read proposed ResolUtion No. 82-AA by title only. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING SOUTH CENTRAL ~P~GIONAL KrASTESqITER TREATMENT AND DISPOSAL BOARD ACTION OF MARCH 17, 1982" Councilman deLong moved the adoption of proposed Resolution No. 82-AA. seconded by Councilmember Woolley. Mrs. Padgett took a roll call vote on the motion as follows: - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 Vice Mayor Warnke - Aye Councilmember Woolley - Aye Councilman Wright - Aye Councilman deLong - Aye Mayor Trauger - Aye Motion carried 5-0. Proposed Resolution No. 82-BB Re: tion Representative D~esignation Metropolitan .~Planning Organiza- City Attorney Vance read proposed Resolution No. 82-BB by title only: "A RESOLUTION OF THE CITY COUNCIL' OF THE CITY OF. BOYNTON BEACH, FLORIDA, DESIGNATING THE CITY'S REPRESENTATIVE TO THE METRO- POLITAN .PLANNING OBGANIZATION AND FOR OTHER PIKIPOSES," Councilman deLong moved .the adoption of proposed Resolution No. 82-BB, seconded by CounciLmember Woolley. Mayor Trauger ~eferred ~to 'Sec~tion 1 of the Resolution and asked if it shOuld not designate~an individual. Mayor Trauger said Councilman deLong had been designated. Councilman Wright moved to add Councilman deLong's name to section~.l as the City's Repre- sentative to the Metropolitan P%anning~Organization~ Councilman Wright's motion was seconded by~Counc~lmember'Woolley, and'the motion carried 5-0.. City Manager Cheney thought it Vas appropriate at this time to call attention to'the minutes a~d' the attendance record of the Metropolitan Plannlng. Organizat$on. He said'Boynton Beach was one of the few communities that bad'perfeCt attendance. Councilman deLong said BoYnton Beach was t~e only one with. perfect attendance. City Manager Cheney attributed A roll call vote was taken by'T adoption of proposed Resolution Councilmember Woolley Councilman Wright Councilman deLong Mayor Trauger Vice Mayor Warnke Motion carried 5-0. Proposed Resolution No. 82-CC ]t to Councilman deLong. ~reesa Padgett, City Clerk, on the No. 82~BB, as follows.: Aye Aye Aye Aye Aye ~e:' Ratifying Ac.tion Taken By South Central Regional~WaStewater Treatment & Disposal Board - Grit Disposal ........................ · City Attorney Vance read proposed Resolution No. 82-CC by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, - 23 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA A3RIL ~6, 1982 FLORIDA, RATIFYING SOUTH CENTRAL REGIONAL PlAS~~ TREATMENT AND DISPOSAL BOARD ACTION OF MARCH 17, 1982" Councilman deLong moved, seconded by Councilmember Woolley, to adopt proposed Resolution No, 82-CC. Mrs. Padgett took a roll call vote on the motion as follows: Councilman deLong - Aye Mayor Trauger - Aye Vice Mayor Warnke - Aye Councilmember Woolley - Aye Councilman Wright ~ Aye Motion carried 5-0. Proposed Resolution No. 82-DD Re: County Participation in Funding of Traffic signalization at Intersection of South Seacrest Boulevard and Southwest 26th Avenue City Attorney Vance read proposed Resolution No. 82-DD by title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTCN BEACH, FLORIDA, REQUESTING THAT THE PAlM BEACH COUNTY BOARD OF .COJN5~ COMMISSIONERS SHARE 'IN THE C©ST OF .THE INSTAI.IATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH'SEACREST BOULAAfARD AND SOUTHWEST 26TH AVI1NUE AT 'BETHESDA MEMOR/JtL HOSPITAL,' Councilman deLong moved the adoption of proposed Resolution No. 82-DD, seconded by_Councilmember Woolley. Vice Mayor Warnke ~sked what the cost involved w~s. He said the cost was not mentioned. City'Manager- Cheney guessed they were talkin9 $20,000.00 to $25,000.00. Vice Mayor Warnke asked if that was half of the cost. City Manager Cheney said that would~ be the total cost, as a guess. Vice Mayor~Warnke asked if $15,000.00 would be the highest cost possible. City Manager Cheney guessed it would be. He tQld Vice Mayor Warnke that he did not have the figures fr°m the COunty~ Vice Mayor.~.warnke remarked it would be nice to know how mUch they are voting on. Mrs. Padgett took a roll call vote on the motion as follows: Mayor Trauger - Aye Vice Mayor Warnke - Aye Councilmember Wo011ey - Aye Councilman Wright - Aye Councilman deLong - Aye Motion carried 5-0. Proposed ResolutiOn No. 82-EE Re: to Pay Plan Add Position of Mechanic III City Attorney Vance read proposed Resolution No. 82-EE by title only: - 24 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA. / APRIL 6, 1982 "ARESOI/~IONOFTHE'CIT~COUNCIL OF~CI2~C~BOX2Xl2DN BEACH, ~TDRIDA, CREATING THEPOSITIONOFMIL~UkNIC III] RESPONSIBILITIES, DESCRIPTIC~ANDSAL~ Councilman Wright moved the adoption seconded by Councilmember Woolley. would be an in house promotion. Cit ~ND PROVIDING THE DUTIES, {Y OF SD~ID POSITICN." of p~oposed Resolution 82-EE, ~ouncilman deLong asked if it Manager Cheney replied that it was; they are not going to reach Qutside. 'City Manager. Cheney added that they should have done~it beforehand,' 'Councilman deLon9 remarked that he would like to see h~m move up the ladder. Tereesa Padgett, City Clerk, took a roll call vote on the motion as follows: Vice Mayor Warnke~ - Aye Councilmember Woolley - Aye Councilman Wright - Aye Councilman deLong - Aye Mayor Trauger - Aye Motion carried 5-0. Proposed Resolution No..82-FF Re: ~¢ceptance of Improvements Except for Sidewalks and Reduction o~'~Bo'nd'~- Plat No. I, Sky Lake ! City Attorney Vance read proposed ReSolution No. 82-FF by title only: "A RESOLUTION OF THE CITY OF BOYNTON ~ IMPROVEMENTS AND R~DUCING THE PERFORM~ LAKE R~CORDED IN BOOK 39, PAGES' 133 AN Councilman deLong movedthe adoption 82-FF, seconded by Councilmember Woo Mrs. Padgett took a roll call vote o ~ACH, FLORIDA, AOCEPTING ~CE BOND FOR PLAT 1 OF SKY 134." of proposed Resolution No. lley. No discussion. n the motion as follows: Councilmember Woolley Councilman Wright Councilman deLong_ Mayor Trauger Vice Mayor Warnke Aye Aye Aye Aye Aye Motion carried 5-0. Other Consider'Granting CATV Franchise to City Manager Cheney referred to 'a do that had been received from UTA Cabl were representatives present from rUT make a brief report to the Council a larly how it relates to F?&~R Builder~ UTA Cable Corporation cument which the Council had e Corporation. He said there A Cable Corporation that could s to what UTA is and particu- ~,~ho'~are de-,ve~oping~a~ie~e of property in the northend of Congress Avenue adjacent to Hypoluxo Road, known as Boynton Lakes. City Manager Cheney said the repre- - 25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 sentatives could tell what is happening because it is a specialized general cable TV franchise in a limited area. Councilman deLong asked if there would be any remuneration to the City on this. City Manager Cheney replied" that the proposed remuneration is 3% of the growth. He said it was now standard nationwide primarily. Martin L. Riefs, Vice President, representing U.T,A~ Cable Corporation, came before the Board and introduced Sam Hart and Bob Haver, also representing U.T.A. Cable~Corporation. Mr. Riefs informed the Council that they were directly involved with the preparation of the franchise application that the Council had before them. Mr. Riefs told the Council they had submitted, for their approval, their application for a non-exclusive franchise to serve the community of Boynton Lakes and nearby surrounding developments that are not presently being served~by .~ cable. In answer to City Manage~ Cheney's question, Vice President Riefs advised that U.T.A. Cable Corporation. is owned by a company called Lennar Corporation. Its subsidiary, ~ i~ ~'R_ Builders, is developing the community called Boynton Lakes. As such, they plan on providing the service for the community of Boynton Lakes and also the nearby adjoining areas. Vice President Riefs told the Council they could see by the application that U.T.A. Cable Corporation plans on building a 54 channel cable system which they will construct as the development of the community occurs. Mr. Riefs said he, Sam Hart, and Bob Hayer would be glad to respond to any questions the Council might have. Councilman deLong wished some input from the City Manager and the CitY Attorney on an instrument of this type. instead of just coming in "cold" with just the application from the applicant. Council- man deLong wanted to-hear from-the City Manager, the Staff~nd the City ktt~rn~y, and know what they have to say about the request, As City Manager Cheney saw it, without City Attorney Vance'.s comments, their application was consistent with the existing City Ordinance, They met the terms of the Ordinance and, in fact, because the City's O~dinance is old, they exceeded the Ordinance terms because they had to meet certain standards established by FCC and other requirements. City Manager Cheney advised that they more than meet the Ordinance. He said he sent the applicants to City Attorney Vance, and he promised them that-it would be on the agenda for general public discussion, City Manager Cheney did not think City Attorney Vance had a chance %o review it but they would need an ordinance. He reminded the Council that regardless of what they did tonight, it would'come before them two more times (the first reading of the ordinance and the second reading and public hearing), so there was still opportunity for review. City Manager Cheney wanted to get it to the Council. - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 Councilman deLong thought the proper procedure would be to table this question also and have City Manager Cheney give the.Council some input. Mayor Trauger asked City Attorney Vance to comment. City Attorney Vance concurred with what City Manager Cheney said. The applicatio~ appeared to meet the terms of the existing ordinance. City Attorney Vance also agreed that the ordinance was old. He informed the Council that the City of West Palm Beach has recently been through a lot of extensive discussions with Tele- prompter and out of those discussions, they have ~ubstanti~l'lyama~ their cable television ordinanCe. City Attorney~Va~ce requested that the City Attorney of West Palm Beach send him a copy of their ordinance. City Attorney Vance said he would like to evaluate the existing ordinance in light of the recent West Palm Beach amendments in connection with the application, At this point, Mr. Vance saw no problem with it. Councilman Wright asked Vice President Riefs if there were any other areas in Palm Beach County that. they had done some work in. Mr. Riefs answered that they currently have approximately 4,000 subscribers in the area of Delray'Beach.' Councilman Wright ques- tioned if it was west of Delray Beach, Mr. R±'e'fs replied, "Kings Point." Vice Mayor Warnke asked Mr. Riefs if there was an antenna involved. Mr. Reifs replied that therewas. Vice Mayor'Warnke wished to know the height of the antenna. Mr. Reifs answeredlthat it would meet the requirements of the Code, which currently is not to exceed 65 feet. The only reason Vice Mayor Warnke asked was because it was in the traffic pattern of the Hantana Airport~and there are low flying planes over the subdivision, He would hate to see the antenna go over 65 feet. Mr. Reifs~ did not expect it to go over that height, but he understood it would be below the terms of the ordinance. Councilman deLong pointed out that when. C±ty Attorney Vance re- ceives a copy of the Ordinance from West.Palm Beach, there may be some changes in the City's ordinance. Councilman deLong thought the smartest thing they could do would be to hold everything in abeyance and lay the question on the table. Mayor Trauger noted that U.T~A. Cable Corporation was going to that area and 'asked if they would be trying to expand as other condominiums and areas develop. Wha. t Mayor Trauger was getting at was that the City had a part of a' franchise with Westinghouse Teleprompter. He was looking at how they would either dove tail or conflict within the City or, he asked, would they be over- lapping. Mr. Riefs remarked that it was a very good question. He clarified that the area that they included as a part of their application is not being provided service by Teleprompter. Of course, in the future, if the City wants to discuss with the company their wish to expand in the western area as far as annexation, by all means the U.T.A. Cable Corporation would like to discuss it with the City as far as expanding their service areas, Mr. Riefs advised. - 27 - MINUTES - REGULAR CITY COUNCIL ME BOYNTON BEACH, FLORIDA Councilman deLong remarked that i in. He would be coming in withou they would have an open field thel right. Councilman deLong asked h Before the matter was tabled, Cit the Council might like to liSten who is the local representative f~ be well, as the Council thinks ab~ weeks while the City does some mo~ given a chance to speak. Mr. Orr advised that Teleprompter area. He contacted both of the d~ plans with someone else, so there Mr. Orr stated that Teleprompter': regardless of what the outcome-is present that Boynton Beach is jusl West Palm Beach or any other city. tainment, and Mr. Orr said they e~ more years and want to wor.k with The only reason they have not g0n~ two developers in there, Mr. Orr 2 reverse, Mr, Orr continued by say~ there. He said they have a franc~ ~TING APRIL 6, 1982 would be the logical way to come any opposition and naturally, ~e. Mr. Riefs stated that was bm where he would go from there. /'Manager Cheney' suggested that ~o Bill Orr, who asked to speak, )r Teleprompter-. He said it might )ut it for the next couple of ~e work on it, that Mr. Orr be had planned on cabling the ~ve'lopers and'they said they had was not too much they could do. plans are still to cable it, He wanted to reaffirm to everyone as important to Teleprompter as Their' goal is quality enter- [pect to serve Boynton for many ~he~City in every way they can. into th~ area is because of the ~nformed the Council. If things .ng they certainly would go in ~ise in there. Councilman Wright asked if U.T.A. Cable Corporation was a reputable corporation. Mr. Orr said it was the first time he ever heard of it. Vice Mayor Warnke asked if there was a legal' franchise problem here. City Attorney Vance advised that ~he City only grants non-exclusive franchises. Bob.Hayer wanted the Council to k~ow ~hat U.T.A. Cable CorPoration would like to be considered a friendly competitor, primarily interested ~n servicing their residents in Boynton Lakes. Since and have i~ they are there already development, Mr. Hayer said it mad the City's ordinance,to service n~ Hayer said they did not intend to Respectfully, Mr. Haver thought a show that U,T.A. Corporation was U tion of the ordinance inasmuch as community which has in excess of t told the Council they want to be a resident of the City of Boynton Be~ch. the Council tonight for a franchise. vested certain funds in their e business sense,consistent with i~hboring developments.~ Mr. dobattle with Teleprompter. reading of~th~ ordinance would robably exempt from the applica- they are servicing the condominium en r. esidential units. Mr. Hayer good neighbor and a good He said they were before City Attorney Vance commented that· it was a field that was relatively fluid right now. He refer~ed to City franchises. He stated that the City was aware of the-West Palm BeaCh situation. City Attorney Vance suggested that he would like to take into consideration the fact that West Palm Beach modernized their ordinance (in connection with the application of U.T.A. Corporation). - 28 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 Councilman deLong replied to Mr. Hayer by saying there was no un- friendliness on the part of any member'of the Council. He informed Mr. Hayer that the Council is there to protect and look out for the interests of the people in the City, which~was what they intend to do. That is why they engaged the City Manager and.City Attorney to guide them. Councilman deLong assured Mr. Hayer there was no unfriendliness on the part of the Council. They axe only perform- ing the duties they were elected to perform. Councilman deLong moved to lay the question on the table for consideration and review:.by the City Manager and acceptance of the ordinance from West Palm Beach by City Attorney Vance. City Attorney Vance had not seen the West~Palm Beach Ordinance so was not sure how complicated their amendments were. He hoped to be able to do it, optimistically, within two weeks. A vote was taken on the motion, and the motion carried 5-0. OLD BUSINESS Report on Gun Firin~ - Laurel Hills ~rea City Manager Cheney told the CounCil they~had a report indicating what has happened in the area of Laurel Hills. He commented that it so often happens that people know~ things are going on in their neighborhood, and they assume the neighbor complained or called in. Out of this experience, City Manager Cheney said c~tizens should be encouraged to not assume, when something is happening or has happened, that somebody else has called in about the firing or the noise or what have you. Just because "A" says that "B" called in, if "C" does not know it, City Manager commented, "We don't know it." City Manager Cheney encouraged people to let the City know what is happening. You could see from some of the information ~%he Police Department had, it was not necessarily as current as apparently the~ publi~ had.._ City Manager Cheney stated that they knew the reluctance of people to call and tell what is going on because they do think someone else .has. Then all of a sudden it gets to where it is bigger than it should ever have gotten. City Manager Cheney continued by saying this was not ~oo b~g~ but one gun shot is big enough. Mayor Trauger thought the Council had a very outstanding report, through the City Manager', from Chief William Hamilton and Captain Edward Hiller~y, He thought it addressed the question very adequately, and it ~appeared to him (Mayor Trauger) that all steps have been taken. He asked if the Council was satiSfied with the report. Councilman deLong witnessed, since he has been serving the public, that they do a lot of things for people. He stated that he knew people come in and make a lot of requests. Councilman deLong noted that Arnold Thompson~ President of the Laurel Hills Homeowners Association, came'back and ~ha~ked the council for the relief that was provided by the Police Department. Councilman deLong thought Arnold Thompson should be commended for that. As long as Mr. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 Thompson feels that it had been remedied, Councilman deLong was willing to accept that. He thanked Mr. Thompson for his kind respect for the Council, Councilman Wright was glad that the situation was looked into and that the residents were pleased. City Manager Cheney asked PoLice Chief William Hamilton if he had any comments. Chief Hamilton thoug~ht the Council said everything. Arnold Thompson, 1307 N. W. 8th COurt, Laurel Hills, Boynton Beach, President of Laurel Hills Homeowners Association, reiterated what he said last night. He said the problem was Pretty well under control and Laurel Hills thanked the Chief of Police and the Police Depart- ment for taking care of it. In talking~to a number of the neighbors and polling them to see if they had any more complaints, Mr. Thompson said they had nothing in the last~week or so. About a day or so afte~ this happened, Mr. Thompson informed every- one that they heard a bit of gun fire; people d!id call in (he assumed). Again, Mr. Thompson added, like City Manager Cheney says, everyone assumes that the neighbor does, so they do not normally take a step. In one inStance,. Mr. Thompson reported, they said they heard a dune buggy and a shot, followed up by a police siren, so the police are out there doing the job, and Mr. Thompson said the residents of Laurel Hills appreciate it, Consider Change Order No. 1 - R & A Project No. 626-681-45 - Lift Station 316 - Bo~yl'e~Contract Consider Change Order No. 2 - R & A 'Project No. 626-681-45 - Lift Stations 316 & 319 - Boyle Contract Councilman deLong moved that both Change. Orders be approved, seconded by Vice Mayor Warnke. No discussion. Motion carried 5-0. Consider Granting Authorization to Proceed with Double Taxation Study and also Road~ and Bridge Fund Allocation Councilman deLong moved to grant authorization, seconded by Council- member Woolley. Councilman Wright believed it said atone point that the base fee would be a minimum of $24,000.00. H'e asked' City Manag.er Cheney how much he thought it would really-take. City Manager Cheney answered that he could tell him better by next week. He explained that two issues were involved. One is a double taxation which they find could now go into triple taxation because the City was not among the first four already faced with triple taxation for the year. Mr. Cheney said that was what they were referring to in fee. He said they did not know at the moment how many cities and communities will participate in the next step of this. The more that participate in the'next study, the cheaper that the Board will spread that base fee~ and then they will all be given a fee to pay themselves depend- ing on the si~xe of the fee. - 30 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON'BEACH, FLORIDA APRIL 6, 1982 City Manager Cheney advised that there would be a meeting within the next couple of week. The Manag.ers and Attorneys from a number of communities will be getting together with a consultant ~o develop a strategy and a process and final report. Then, City Manager Cheney told the Council, he could come back to them w~th an accurate report. City Manager Cheney just received, today'(April 6) a Resolution from the County officially denying the City's request and the City's Resolution 81-EEE where the City asked that the principles of double taxation that are going through the Court system also automatically apply among the cities. The Board of County Commissioners, for 'their own reasons, have decided to not grant the request, City Manager Cheney informed the Council, so it appears the only route the City can go is to prepare for another court case on double taxation. City Manager Cheney advised that the road and bridge tax issue is a different situatiOn. He passed out a letter to the Council Which" Was represented today to the Board of County Commissioners. City Manager Cheney stated that all seven communities were there. George Frost, Town Manager, Town of Palm Beach, was the spokesman. City Manager Cheney referred the Council to the second paragraph and said they were asking that the County Staff review their records and determine if they think~that the Cities were properly reimbursed in past years on road and bridge fees. CityManager Cheney said they thought there was a significant amount of~ money that should have been handled differently in the last fi~e years. He said they thought that the adjustment madeat the last minute this year by the Board of County Commissioners, which reduced the City's anticipated road and bridge fee by 90% or $1~2,000.00~, was possibly not a proper action consistent with the law. City Manager Cheney was sure the Council would hear a lot of comment about this from the County in the next few weeks. TheY will rewiew this and they will make comments about to get a dollar, you have to raise two, so you can get a dollar. City Manager Cheney pointed out that the formula does not work out quite that way. He said he would explain that later on and would give the Council some things to explain it better. City Manager Cheney said the fact is that the law says you do it a certain way, and the City's position is that you uphold the law. He said that was what the letter says. The County Commissioners have agreed to have a report available by May_-15, City Manager Cheney advised, and they could see what the action is, He said the City does not know what they will. do but, obviousl~y, if it is as serious as they think it is, it should not just die. According to Councilman deLong.,in reading the report, the rebate for Boynton Beach would be $475,000.00. He asked what the fee would be for the people who represent the City. He asked if they would get a percentage of'it. Councilman deLong saw twO items mentioned there. He asked if it would be 10% monthly or 5% monthly, or would .they make 10%. City Manager replied that that would-be one of the detailS they would be discussing with the proposed consultant when they meet with him in the next couple of weeks. Councilman deLong advised that was one of the things he will be particularly concerned with. He said the City has this rebate but then, in most instances, the people - 31 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL~6, 1982 who fight these things wind up with-%he.cook~esand we'windupwiththeglory. City Manager Cheney commented with reference to the County consultant. He informed the Council that Dick Simmons, City Manager, City of West Palm Beach, made a statement' today (.April'6) that in spite of all of the lawyers (and good tawyers) that are'representing the three or four cities, it is his firm conviction~that if it had not been Kelton &Associates, Inc. involved, with'~heir background and their testimony and their studies, this lawsuit'woutd not have been won. City Manager Cheney said that as a-way of saying that the City had probably the only firm in Florida who really knows, what they are talking about in double taxation. City M~nager Cheney said the fee arrangement had not yet been worked out but he would be back to the Council and report that to them. Councilman deLong called attention to. the fact that he did not' mention lawyers. What Councilman deLong ~as ta.l'king about was the management and consultants, as they are t~le People who wind up with the cookies and the City winds up with the glory. -City Manager Cheney remarked that the City would wind up with a lot of money, .and he could guarannee it. Councilman deLong-remarked that the $475,000.00 was a lot of money, and he would like to see the City get a fair return on it. City Attorney Vance added that they attempted to pursuade-the County to stipulate that, in effect,' the City-~t~ified with West Palm Beach and the first four.cities, ' -' ..... that they wOuld all ride or fall on the basis of the appeal.and the existing opinions. City Attorney Vance informed the Council that they prepared a stipulation and spent some months trying to persuade the County. -He said if they did that, ~it'would have saved both lawyers' fees a~d consultant's fees. The CoUnty declined to do.so, City Attorney Vance continued, so that l~aves the City only one course. He said the fees are not final. However, they are only out of the first year, and the City will be 9etti~ng that same refund~on down.the _~ road for years~to come so it is a ~situation Where they attempted to save the cost of litigation, and the County declined to do so, City Attorney Vance advised. He added that the County will also incur the cost of litigation too, and the City had no other choice. Councilman deLong remarked that if the City gets that 'kind of return, maybe it is on its way to getting the auditorium. A vote was taken on the motion, and the motion carried 5-0. Consider Report from Golf Course Advisory Committee (Report to be available at City Council Meeting} Mr. Cheney told the Council that the Golf Course Advisory Committee met last Friday. They reviewed a proposal of how to handle the permit applications' process and they '.~a~e him some instructions to rewrite some things, which City Manager Cheney said he would do before the next meeting. - 32 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA APRIL 6, 1982 Basically, City Manager Cheney continued, there will be, if you concur, a lottery~in a week or so for those people on the County list because that is over the amount Of money. He said the City will proceed with the priority situation. Secondly, City~Manag.er Cheney informed the CoUncil that there have been responses from a lot of people who paid their $50.00 deposits. The policy has been once you pay the $50.00, you do not get it back. After the lottery, City Manager Cheney said the Golf Course Advisory Committee will be recommending a change in that, and that will be in the report. Then, City Manager Cheney 'said further, there is a procedure in there as to where the City will get the next payment and when and how the City will go from there on down the road. He told the Council there was nothing to be done tonight. City Manager Cheney informed the Council that the bond validation hearing on the golf course bond issue would be tomorrow afternoon (April 7) at 1:30 P, M. OLD BUSINESS Southwest 23rd Avenue Streetlighting- J~int Project Agreement Department of Transport~ation ..... Councilman deLong moved to accept the City Manager's recommendation as- stated'in the memorandum-of March 31, 1982, seconded by Council- member Woolley. Motion carried 5-0. Approve Reconveyance of Knollwood Grove Easement City Manager Cheney had nothing to add except what was in the memorandum. He said the City took an easement for a ~pecific pur- pose and they do not need it.. City Manager Cheney said the City thought, in fa±r.ness, they should release the easement. The same property owner is giving the City a different easement they do need which has to do with Lawrence Road. Councilman deLong moved to approve the reconveyance of the Knollwood Grove Easement and direct City Attorney Vance to prepare the appropriate papers for signature. Councilmember Woolley seconded the motion .and ~he motion carried 5-0. Approve Easemen~ Deed for Utilities - Knollwood Grove/Santaluces School (west side of Lawrence Road, south from Miner Road) Councilman delo~g moved, seconded by Councilmember Woolley, to approve the easement deed for utilities and to direct City Attorney Vance to prepar9 the appropriate documents for signature. No discussion. Mo~ion carried 5-0. - 33 - MINUTES - REGULAR CITY COUNCIL MEETING BO~NTQN BEACH,' FLORIDA APRIL 6, 1982 Lease with LiChtenstein - Requested by Councilman deLong Councilman deLong commented that "this thing'has been hanging fire for quite awhile and it was ti~e that it was clear, ed up." He thought it was on its way to be cleared up, Cou~¢ilma~ deLong informed the Council that "-this man in the past wanted to sell this place." ~ _. There was. his Son who .wanted tO'sell it, so he-finally gave up in dispair and went to Hawaii. Councilman deLong further said they did get another customer and, for various reasons, %he deals were never consummated. .At that time, Councilman deLong thought he was the one that moved, and he thought .they had enough of this. Councilman deLong, recalled that the Council directed the City Manager to bring in an identical lease that the man ha~ at the present time. Councilman deLong emphasized that this has not been done. Councilman deLong moved that an identical lease be brought in and signed with Mr. Lichtenstein. COuncilmember Wootley seconded the motion. Mayor Trauger repeated that it had been moved and seconded that the original lease with Mr. Lichtenste±n for the snack bar at the beach be brought back in agreement form'as originally prescribed with another five year lease extension. City Manager Cheney said he would recommend against the signing of the lease but he would do it when he brings it back. Councilman deLong believed after City Manager Cheney was given instructions by the City Council, if the'City Council's instructions are not carried out, they do not belong sitting up there. City Manager Cheney did not believe they were clear instructions. Councilman deLong asserted that the instruct±ons were very clear now. He said he would make them as clear as a bell and told City Manager Cheney, "Bring back the lease exactly for what is in force at the present time." City Manager Cheney asked, "With no increase in rent of any kind?" Councilman deLong replied, "No, no, We are not talking about that. I think the letter is very explicit as to what they want. I think you have a copy'of the letter from the attorney." City Manager Cheney retorted that he received a copy in the mail this evening and, obviously, did not read it. CoUncilman deLong wanted City Manager Cheney'to know exactly what the motion would be. City Manager Cheney said except ~he motion is to bring back a lease exactly the same, so he wanted to make two points: 1.~ City Manager Cheney was~ asking if the Council wanted to have exactly the same rent that it has been. Councilman deLong thought that should be discussed With the attorney. City Manager Cheney felt there was no point in discussing it now. Councilman deLong observed that there was no point in discussing it because the way the lease is set up now, the City can come in and put "the fellow" out of business if they so desire. City Manager Cheney agreed by saying, "Absolutely, and that was the nature of the last lease that this City Council discussed." In connection with the anticipated $1,750,000.00 bond issue at the beach, Mr. Ch~ney ~hought this item was extremely important to - 34 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA' APRIL 6, 1982 consider. Councilman deLong did not see where the Council should terminate this man's lease at the whim of the City Council, who signed the lease with him. CHuncilman deLong informed the Council that the man has a lot of money invested in that; he is a local citizen; and Councilman deLong thought he deserved the City'~s Protection also. City Manage~ Cheney agreed bUt pointed out that they also have to be concerne~ about ali's'of 'the taxpayers in the City, which was what he was talking about. Councilman deLOng sai~ they' were talking about all of the taXpayers in the City. The agreement itself gives the taxpayers a return, so Councilman deLong asked, "What are we going t~ ~o? Strip the~man?'' Councilman Wright noted that Councilman'deLong did say that he wanted City Manager Cheney tc could work out the difference bring it back in conformity w time." He told the CoUncil t in a much better position to wants to make the lease. Cou not Mr. Lichtenstein"s attorn get with City Attorney Vance so they s~ Councilman deLong added, "and ith what is ink, existence at the present hat the Attorney for Mr. Lichtenstein is argue or to present what points he ncilman.deLong remarked that he was ey. He said he was only there in the interest of fair play with Mr. Lichtenstein, the City, or anybOdy else. A vote was taken on Councilman deLong's motion, and the motion carried 5-0. NEW BUSINESS Appointment to City Boards Mayor Trauger recommended presently constituted. recommendations for the Motion carried 5~0. .Committees the Council start with the Boards as deLong moved to proceed with seconded by Councilmember Woolley. Board of Adjustment Mayor Trauger recommended Anthony Di Sarli, Robert Carl Zimmerman and take the move him up to the Board and Member. Councilman Wright at was removing, Mayor Trauger Ridolfi off the Board and permanent member of the ing George Ampol as an Councilman Wright's question the Board c~nsist of Theodore Blum, Paul $tavin, Vernon ThOmpson, Jr., mate Member Nick Cassandra and ~ke Mr. G~orge Ampol an Alternate what permanent memberMayor Trauger led that he was taking Mr. Ben him with Nick Cassandra as a Mayo~ TraUger said he was recommend- ~e Membe~ to the Board. That answered Councilman deLong moved that accepted, seconded by Councilm Councilman deLong moved to dis business and go back 'to the la ayor Trauger's recommendations be ember Woolley. Motion carried 5-.0. pense with the regular order of st item on the agenda that they just - 35 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 voted on for reconsideration byhim. He said hewas entitled to make the reconsideration because he was the fellow who voted on the prevailing side and he said he Would let the C6unci]. knOw what it is all about after the motion is passed. Council.member Woolley seconded the motion. Motion carried 5-0. Councilman deLong moved to rec( as the snack bar is concerned. ation and approval~ The reasoi he.found out that the attorney deLong was afraid someone woul( Woolley had voted on the conflict of interest. In Councilman deLong moved at the reconsider the motion, and he again. Councilmember Wright ~nsidSr the previous action as far He Wanted a motion for reconsider- why is that in reading the letter, is.~M~. Woolley, and Councilman attack itbecause Councilmember they were liable to holte~ a everybody on the safe side, time that the Council put.the motion to the Council [ed the motion. Motion carried. Councilman deLong moved that C ~nager Cheney have the same instructions (that an identical lease-be brought in and signed with Mr. Lichtenstein) with Councilmembe~ Woolley abstaining from voting. Mayor Trauger repeate~ ~ the motion was to go back to the original five year agre~ [ as. originally proposed. Vice Mayor Warnke seconded the .ouncilm~mber WoOlley abstained from voting, and the motion ca~ 4r0.. 1 abstention. Councilman deLong moved, secon~ back to the regular order of Councilmember Wooley, to go ~s, Motion carried 5-.0. Building Board of AdjUstment & ils Councilman deLong moved to opel Mayor Warnke. Motion carried. Mayor Trauger stated that the ] Appeals, as he saw it, had don, leaving the present members of th~ members as follows: Lester E. Oris Walker, ArthUr Williams, Thurber. nominations, seconded by Vice [uilding Board or'Adjustment and _ a v~ry good job,- He recommended ~t Board on the Board. He'named the Ward~ Ward Cummings, Robert Olenik, f~enneth M. Hutchinson, and J. Cameron Councilman Wright questioned the no] Thurber, as it seemed in the'r~port in the year, and Mr. Thurber m~ssed man Wright pointed out that Mr[ Thu~ absence. Mayor Trauger'asked the C, this. Councilman deLong asked if h, man Wright replied that he mis~ed tI excused, and they ~only have tw~ mee' if the Board only has two meetings ~ explained that they only meet when' Warnke determined that they .me~-on Wright like if someone in the Ci'ty ~ not interested in~ serving. Council other nominations- Mr.. Cheney s~at · and would only serve if needed. aination of Mr. J. Cameron that there were two meetings booth of them. Also, Council- 3ber did not have an excused )uncil what their desire was in missed two meetings. Council- ~o meetings and he~ was not even zings. Vice Mayor Warnke asked ~ year. Councitmember Woolley it is necessary. Vice Mayor call. It looked to Councilman ~ould' not be there, they 'are ~an deL-ong asked, if~ there were ed~Mr. ThUrber was an alternate MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 Since there were no other nominations, Councilman deLong moved that the nominations be closed, seconded by Councilmember Woolley. Motion carried 5-0. Councilman deLong moved that the recommendations of Mayor Trauger be accepted. Tereesa Padg~ett, City Clerk, asked Mayor Trauger if Mr. Kenneth M. Hutchison and Mr. J. Cameron Thurber would remain as Alternate Members. Mayor Trauger replied, "Yes." Councilman deLong moved that the recommendations of the Mayor be accepted, seconded by Vice Mayor War~ke. Motion carried 5-0, Cemetery Board Councilman deLong moved, seconded by Councilmember Woolley, to open the nominations. Mayor Trauger informed the Council that all of the members were appointed on January 5, 1981, and he could see no problem with the Board. Therefore, Mayor Trauger recommended that the Cemetery Board be constituted of Mary R. Barton, Basil Camilot, Bertha Chadwell, L. Don Combs, Edgar D. Hurford, Tereesa Padgett, and Donald E. Sloan as Alternate Member. Since there were no other nominations, Councilman.deLong moved that the nominations be closed, seconded by Councilmember Woolley. No discussion. Motion carried 5-0. Councilman deLong moved that the recommendations of the Mayor be accepted, seconded by Councilman W~ight. Motion carried 5-0. Civil Service B'oard Mayor Trauger announced that the Civil SerVice Board had already been taken care of in January. Codes Enforcement Board Mayor Trauger said the Codes Enforcement Board is constituted as legally prescribed in the terms of office, and there is no opening on that. Councilman Wright questioned the term of Richard Kurtz. Councilmember Woolley noted that it said '81 but it should be September of 1982. Councilman Wright just wanted to be sure it was a typographical error, Councilman deLong moved that the nominations be open. Councilman Wright wanted clarification on the term of Board Member Richard Kurtz. Mrs. Padgett believed that the term did expire in 1981. City Manager Cheney thought some of them were one year appointments. Councilman deLong informed the Council that Dick Kurtz has been on the Boards for years. Councilman Wright sta~e~ that he was not say- ing that. He called attention to the~fact that the term'was for one year and it expired in September, Councilman deLong thought all of the terms were for one year. Councilman Wright advised him that they are not. - 37 - MINUTES ~ REGULAR CITY COUNCIL'MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 Councilman Wright said the Council needed to put Mr. Kurtz's name in for nomination. Vice Mayor Warnke seconded Councilman deLong's motion that the nominations be open, Motion carried 5~0, Councilman deLong moved to reappoint the Board as constituted and to reappoint Richard Kurtz and Foy ~Wa~d as Regular Members and Jacob Kasdin as an Alternate Member. V±ce Mayor Warnke seconded the motion, and the motion carried 5-0. Community Appearance Board Councilman Wright moved that the nominations be open, seconded by Vice Mayor Warnke. Motion carried 5-0. Mayor Trauger recommended~.that the Members Of the Community Appearance BOard be retained. He named the Members as follows; Arthur Berman, Harold Btanchette, ~Kathleen Deneen, Dr. Carroll Kennedy, Danny O'Brien~ Louis M, Prezioso, Col. Cam R. Reid, Regular Members, and Alternate Members Chauncey M. Buck, Meyer Rubin, and John Serrentino. Councilman Wright knew that Dr. Carroll Kennedy was ill and asked if he was much better now. .Councilman deLo~g ad. vised that Dr. Kennedy was on the road to recovery. Councilman deLong moved to accept the recommendation of Mayor Trauger and retain the Members of the Community Appearance Board. The motion was seconded by Vice Mayor Warnke and carried 5-0. Community Relations Board Councilman Wright moved, seConded by Councilmember Woolley, that nominations for the Community Relations Board be open. Mayor Trauger recommended Philip Berkowitz, Blanche Girtman, Donald McKone, Lois Rush, John R, Stripling, Douglas Sussman, and Daniel White. Councilman Wright informed the Council that he'spoke to Douglas Sussman, Chairman of the Community Relations Board, and with Mrs. Lois Rush. Both of them told Councilman Wright that they would not like to serve another term. Councilman Wright also spoke to Mrs. Janice Lewis, Mrs. Henrietta Solomon, and Mrs. Dee Zibelli and also Colonel William Condry. They said they would definitely like to serve on the Community Relations Board again. As you~know, Councilman Wright pointed out, we have had one of the most active and successsful Community Relations Boards that the City has had since he has been involved in City Government. Councilman Wright placed the names of Mrs. Janice Lewis, Mrs. Henrietta Solomon, Mrs. Dee Zibelli, and Colonel William Condry into nomination. - 38 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 CoUncilman Wright had a problem with one of the names Mayor Trauger suggested as a reappointment due to excessive absenteeism. He thought the reason the Council.gets the attendance reports was to see if the people were interested ih serving and doing some good for the community. He asked Mayor Trauger what other people were omitted from his nominations. Mayor Trauger 'said to bring it in balance, he left out the names of Colonel William Condry, Jan±ce Lewis, Henrietta Solomon, and Dee Zibelli. He said the Council had no communication from either Lois Rush or from ~Douglas Sussman. Councilman deLong advised that the Council move on the appointments. If the people want to re- sign, they should notify the City. The City notifies them when they are appointed; therefore, the Council is entitled to the courtesy of them notifying the Coun¢±l when they resign, Council- man deLong urged the Council to let th~m resign and for the Council to make the'appointments. Councilman deLong recalled that laSt year, they said they were going to reassess the amount of people on the Community Relations Board. He pointed out that it was a Board'of eleven members and it was too unwieldly. Councilman Wright retorted that they did not vote on that and it was not in ~he records. Councilman asserted that they did vote on it and Councilman Wright was wrong. Councilman Wright emphatically told counciI~man-deLong that he was not wrong. Councilman deLong pointed out that he did not say they voted on it. He said they agreed. Councilman Wright argued that they did not agree and it could not be found in any of the minutes that they agreed on it. Councilman deLong told. Councilman Wright h~e had his turn last year and he was not running the appointments this year. Councilman Wright retorted that he did not run the appointments last year. Mayor Trauger tried to quiet the two Councilmen by saying, "Hold it'" and banging his gavel. Councilman Wright repeated, "No I didn't, Wait, Let me fin±sh again," Councilman Wright ~added, "And I don't think that because somebody doesn't come oUt publicly and support your candidacy, that would give you grounds to deny them an oppor- tunity to serve this City, and we have had people to do well. Let me say, according to the records, I do not think the persons in the audience have seen this. I would like to say that there were 14 meetings held of the Community Relations Board. Colonel William Condry was appointed in MarCh. He attended eleven meetings that were held since 'he was appointed. Blanche G. irtman was recommended for reappointment. 'She Missed eight meetings out of'the fourteen. She was absent twice and unexcused ~'±x times. Janice Lewis was appointed in February,. and I think .that reconLmendation came from Councilwoman Wolley. She was absent onlY once and attended twelve meetings. Henrietta Solomon was appointed at the time the other members were. She missed one meeting, attended thirteen, and an ~xcused absence. Douglas Sussman, as you say you are putting him back on, has definitely said he does not want back on." Councilman deLong remarked, "That"s all right. it." Go ahead and say - 39 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON -BEACH; FLORIDA APRIL 6, 1982 Councilman Wright continued by saying Dee Zibelli, according to the report, attended fourteen meetings. Councilman deLong informed Councilman Wright that the Council did not delegate him to check the Members absentee records. Councilman Wright retorted that they did not delegate Councilman deLong either. Councilman deLong.moved'that the nominations be closed. Council, man Wright placed in'nomination the'name of Gloria Skinner. While the Council was under discussion, COu~cilmember Woolley expressed that she continued to feel that the Community ReLations Board was probably one of the most active Boards in and~ about the community. She felt, since they had gone into-the districting and are going to give it a try, she would like to see.at least one person from each and every district on the Community.Relations Board. At least, when the Council is intact with five people from the five districts, they would have one person that they can actually count on and go to from their district. Councilmemb.er Woolley did not know what the status was'. She thought all of those people were from the north area. She stated that it was an idea. Councilmember Woolley seconded the motion that the nominations be closed. Mayor Trauger advised that they would be ~oted in sequence down the line. Councilmember Woolley asked how many members there would be. Mayor Trauger"'sa±d he would entertain, a motion on the number of people who Would serve on the Board so they could limit thevoting, Councilman Wright moved to allow eleven members, as they had previously. The motion died for lack of a second, Councilman deLong that the Cor~munity Relations Board be limited to seven members like most of the top Boards that the City has. The motion was seconded by Vice Mayor'Warnke. Councilmember Woolley asked how many names were in for nomination right now. Mayor Trauger replied, "Twelve". City Manager Cheney asked that the names be read. Mayor Trauger read the following names:' Philip Berkowitz, Blanche Girtman, Capt. Donald McKone, Lois Rush, John R. Stripling, Douglas Sussman, Daniel White, and added to that was Colonel William Condry, Janice Lewis, Henrietta Solomon, Dee Zi~elli, and Gloria Skinner. Councilman deLong requested thatMayor Tra. uger recite, for the record, by name, the people he recommended to serve on the Board. Mayor Trauger repeated the names of .the people he recommended initially, who were: Philip Berkowitz, Blanche Girtman, Capt. Donald McKone, Lois Rush, John R. Stripling, Douglas Sussman, and Daniel White. Councilman deLong moved that the recommendation of Mayor Trauger be accepted. Councilman Wright thought the Council should vote on the individual names. City Attorney Vance adv±sed'that there was currently a motion pending before the Council for a membership of seven. There was a discussion as to whether there was a vote for seven members. - 40 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 The Recording Secretary confirmed City Attorney Vance's statement that there was a motion for a membership of seven, but no vote had been taken. A vote was taken and the motion carried 3-2, with Councilmember Woolley and Councilman Wright voting against the motion. A vote on the Members of the Community Relations Board was taken in sequence as read, as follows: Philip Berkowitz Blanche Girtman Donald McKone Lois Rush John Stripling Douglas Sussman Daniel White - The vote was 4-1, with Councilman Wright opposed. - The vote was 3-~2, with Councilman Wright and Councilmember Woolley voting against. - The vote was 4-1, with Councilman Wright against, · - The vote was 4-1. CoUncilman Wright voted against, - The vote was 4-1, with Councilman Wright against. - The vote was 3-2. Councilmember Woolley and Councilman Wright voted against. - The vote was 5-0. Mayor Trauger announced that the above vote filled-the Board for seven members, Councilmember Woolley asked what would happen if these people did not want to serve. Mayor Trauger advised that they would have to readjust the appointments. He admitted to Councilman Wright that Henrietta Solomon and Dee Zibelli have worked very hard on the Board but not for him. The first time he thought it might be a matter of judgment. The second 'time, he turned the other cheek. The third time, Mayor Trauger said he go~ the point they did not like him so, therefore, he did not care to have anybody on a recommending Board who has such zeal against him. He commented that it would be political suicide. ~Councilman Wright stated that he was not that small because he was sure a lot of the people did not support his candidacy. Councilman deLong wished to insert the following remarks for the public record: "In SuppOrt±ng candidates, .~those engaged in government must be prepared to face the-inevitable consequences when they back the 1.osers. The winners do not support those who back the losers. Remember! If they had their way, the winners wOuld have been the losers, so I don'~t intend to support anybody who went out'to work against me." CoUncilmember Woolley cammented that she thought Councilman Wright's recommendation of Gloria Skinner would be a good one to consider in the future. Councilman Wright did not think the City should continue to keep records of attendance and of those who have been active in the City. He said it made no difference and was not worth anything. Councilm~n deLong did not intend to satis- fy the feud Councilman Wright may have going on. He did not intend to get in the middle of that feud. - 41 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 Library Board Clouncilman deLong moved, seconded by Councilmember WoOlley, that nominations be considered for the Library Board. Mayor Trauger recommended that Naomi Creason, Christine Edward, Sandra Lutenschlager, Emanuel Lubin, Rubie.~Mac~, Mildred White (Mrs. Mark White), and Martha MuscheIla be reappointed. Councilman deLong determined that the Board would, remain the same as constituted. Councilman deLong moved %hat the nominations be closed if there were no other nominations. Councilmember Woolley seconded the motion, and the motion carried 5-0. Planning and Zoning Board Councilman deLong thought the Planning and Zoning Board should remain intact. He commented that he attends the'meetings and was very well satisfied with the performance of the members. Council- member Woolley moved that nominations be open for the Planning and Zoning Board, seconded by Councilman deLong. Motion carried 5-0. Mayor Trauger advised that the recommendation~was that the Planning and Zoning Board remain as present'~y constituted with the following Members: Ezell Hester, Liltian Bond, Ronald Linkous, Simon Ryder, Robert Wandelt, Garry Winter, and Simon Zive. Councilmember Wooltey wished to add the name-of Arnold Thompson to the list. Mayor Trauger said-there were seven, Councilmember Woolley asked, "Aren't we taking nominations?" Councilman Wright asked why the Council was going.'th~ough all of this. Mayor Traugsr said Arnold Thempson"s name? would be a~ded-to ~the bottom of the recommendations for the Planning and ZOning Board. He asked the Council What their desire was as %o the size of the Board. Councilman deLong thought .it should be left at seven. City Attorney Vance said it had been established in the ordinance. Councilman Wright pointed out that it still said they could vote because they have to appoint these persons every year. He noted they had eight nominat~ions and said they were entitled. Mayor Trauger said i% would be no problem, Councilmember Woolley requested that Mayor Trauger start w~th Arnold Thompson for a change. Mayor Trauger said his name would be the last one. Councilmember Woolley meant for him to come first. ~ttorney Vance repeated that the number of members on the Board was established by ordinance. There was discussion that there was no Alternate Member to the Board. Arnold Thompson, 1307 N. W. 8th Court, Laurel Hills, Boynton Beach, came forward and requested the Council to3remo've his name from consideration, He said he a~ppr~ciated the Council's consideration but did not want to get involved in a conflict like this. He expressed that the present Board was doing a fantastic job and he - 42 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLQRIDA APRIL 6, 1982 supported it. super job. CounciLmember Woolley agreed that they were doing a Councilman deLong moved that the nominations be closed, seconded by Vice Mayor Warnke. Motion carried 5~0. Councilman deLong moved that the present Planning and Zoning Board remain intact, seconded by Vice. Mayor Warnke. Mo%ion carried 5-0. Councilman deLong wished to go on record as saying that in the event there is a vacancy on the Planning and Zoning Board, the first person he would honor with the favor of nomination and who he watched for a whole year as Chairman of that Board, would be Arnold Thompson. Recreation and Par~ks B~ard Councilman deLong moved that the Recreation and Parks Board be open for nominations, seconded by Vice Mayor Warnke. Mayor Trauge~ recommended G. Don Fenton, Lee Grimes, Edward Harris, Betty Thomas, Nathan Weinshel, Frank Stockton, and Dr. Patrick Shepard. Councilman Wright requested information as to-who Dr. Shepard is. Mayor Trauger informed him that Dr. Shepard is a dentist, across from Bethesda Hospital, On Seac~est Boulevard. Mayor Trauger further said that Dr. Shepard-is a very fine, athletic young man, wh.o.has been interested in sports and tennis and all of the City's youth activities (soft~ball tha~ Mayor Trauger knew of) and is willing to serve and would like to se~;e. Councilman Wright nominated Kathy Haughn to the Recreation and Parks Board. Councilman deLong moved that the nominations be closed, seconded by Vice Mayor Warnke. Mayor Trauger Said the Council would have to vote in sequence. G. Don Fenton Lee Grimes - Edward Harris - Betty Thomas - Nathan Weinshel - Frank R. Stockton - Dr. Patrick Shepard - The vote was 4,1, with Councilman Wright voting against. The vote was 5~0~. The vote was 5-0. The vote was 5-0.. The vote was 5-0. The vote' was 4-1, With Councilman Wright voting against. The vote was 4-1~ with Councilman Wright voting against. Employees~ Pension Plan' B'oard Of ~Tr~s'tees Councilman deLong moved, seconded by Councilmember Woolley, that the nominations be opened. Mayor Trauger informed the Council that Diane Hardin had requested that her name be withdrawn. Mayor Trauger continued by saying, "As you know, the Mayor serves as - 43 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 Chairman." Mayor Trauger recommended the following for the Employees' Pension Plan Board: Mrs. George ~Elizabeth) Todd, Himelfarb. He pointed out that Perry Cessna was elected by the Board, so the Council has nothing toldo'with-/~hat. City Manager Peter L. Cheney is appointed to the Board, so Mayor Trauger said that would constitute the Board. Councilman deLong moved to accept'the withdrawal of Diane Hardin, seconded by Vice Mayor Warnke. Motion carried 5'-0. Councilman deLong moved that the recommendations for the EmPlOyees' Pension Plan Board be accepted, seconded by Councilmember WoOlley. Motion carried 5-0. Municipal Firemen"s P'ensfon'T'rust Fund Board Mayor Trauger announced that the Municipal Firemen's Pension Trust Fund was established with the Mayor as Chairman, and.Fire Chief James Rhoden, Sr.; the Council just recently appointed- Lester W. Ackley to the Board; and William Cavanaugh and Timothy Mormon are Firemen on the Board. Mayor Trauger could not see where any changes should be made to the Board. Councilman deLong moved to accept the Municipal Firemen's Pension Trust Fund Board as constituted, Councilme~ber Woolley seconded the motion, and the motion carried 5-0. Municipal POliCe OffiC~ers' Retirement Trust Fund Mayor Trauger announced that he was the Chairman of this Fund, and the following were serving on the Board: Captain John 'Gardner, Police Chief William Hamilton, and Lt. John F. DeLoach. Mayor Trauger recommended Robert Foot ss a replacement for Ralph J. Diaz. As there were no other nominations, Councilman deLong moved that the nominations be closed, seconded by Councilmember Woolley. Motion carried 5-0. Councilman deLong moved that the Mayor's recommendations be accepted, seconded by Vice Mayor Warnke. Motion Carried 5-0. Boynton Beach Housing Authority Mayor Trauger advised that the Boynton Beach Housing Authority is constituted by law, and there would be no change. Golf Course AdVisory Comm~i~tee ~l'~erna'te Me~be~ TABLED Councilman deLong moved to take the question from the table, seconded by Councilman Wright. Motion carried 5-0. Mayor Trauger referred to the appointment of Sandra Post. He informed the Council that Sandra Post had resigned because of her tournaments' schedule. - 44 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 Councilman Wright moved that nominations be opened, seconded by Vice Mayor Warnke. Motion carried 5-0. Councilman Wright nominated Howard Nannen. Mayor Trauger asked the Council to recall that Howard Nannen was the man's name that was submitted whohas been ViceP~eSident of Spalding Co. for forty years and the Council has his application. Councilman deLong moved that the nominations be closed for the Golf Course Advisory Board Alternate Membert seconded'~by Vice Mayor Warnke. Motion carried 5-0, Councilman deLong moved to accept Howard Nannen as Alternate Member to the Golf Course Advisory Board, seconded by Vice Mayor Warnke. Motion carried 5-0. Councilman deLong said that in the future~they should see if they could not get City Attorney Vance to come up With a more expeditious method of making the appointments because of all of the motions for opening and closing. Councilman Wright commented that he had the same concern last year, and they came up with the same thing this year. City ~ttorney Vance advised that he could not beat Robert's Rules of'Order on that. Consider County Engineer's Request Relative to Necessary Capital Improvement Pr'oj'ec~s and Sublmi~~ Recommendations City Manager Cheney had not come up with anything. Councilman deLong moved to turn the matter over to the City Manager for a recommendation, Mayor Trauger asked if the City was running out of time. City Manager Cheney wanted to see if the Council had any favorite projects. Councilman deLong said if they had them, they would submit them to City Manager Cheney. Councilman deLong moved that City Manager Cheney carry through with the recommendation. Counci~lmember Woolley remarked, "Make it a long memo." The motion was seconded by Vice Mayor Warnke, and carried 5-0, ADMINISTRATIVE ConSider Support of Change in EPA Construction Grant' Funding Formula City Manager Cheney referred the COuncil to the memorandum he gave them, wherein the City takes the position that they should.supportthe change of Cons~r_uction ~ants F~nds for wastewater t~ea~ment plants fromthe 75% to 55% in the State of Florida, soo~ner~ than the Federal Government is mandating it. City Manager Cheney told the Council that the City would come out the same way in any case, ~ 45 ~ MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 because if they do not change it to 55%, the City's projects are going to end up in the 55% grant area. If you change it now to 55%, City Manager Cheney advised, there may be some projects that will cause the City's to come up in priority because others may drop out. City Manager Cheney said that he support.ed.55%. Councilman deLong asked if the City would have to raise water and sewer rates in order to come up with the additional 20%. City Manager Cheney replied that the CitY is going to do that anyway. City Manager Cheney added that it woutd not matter because if the formula is changed, the City will not get on a priority list until 1984, when the Federals change the formul'a, so the City will be faced with 55% anyway. Councilman'deLong ascertained that the City was not in on this now for the expansion of the sewers, City Manager Cheney said that was right. He said the City may get in if the formula changes. ~Q~nci~anL~righ~moved to accept-~the C±~y Manager's recommenda~ dation to2-~consider support of change in EPA Construction Grant Funding Formula, as stated, in his memorandum of April 6, 1982. The motion was seconded by Vice Mayor Warnke and carried 5-0. Authorize Russell & Axon~Agreement for Design of Water and Sewer Line Adjustment on Congress Avenue at LWDD L-24 Canal, in conjunction with ~C~ngress AVenUe P'rojeC't Councilman deLong moved to authorize the Russell & Axon Agreement, ~econded by'Councilmember Woolley. Motion carried 5-0. Request for Temporary Trailer - Fin'ton ConstructioD Request for Zoning Approval for Beverage License Councilman deLong moved that the request for a temporary trailer for Finton Construction Company, Inc. be granted and that the request for zoning approval for a beverage license for Fraternal Order of Eagles Boynton Beach Aries #3944 [Beer, Wine & Liquor - Club License) at 1600 N.~Federal Highway) be granted. The motion- was seconded by Councilmember Woolley and carried 5-0. Request for Budget Transfer - City 'Ct'er~k's Office for Advertising Councilman deLong moved, seconded iby Councilmember Woolley, to approve the request. Motion carried 5-0. Popeye's - Requested 'by MayOr'Tr'au'ger Mayor Trauger said this item was merely a request by him to find out what is going in where Popeye's Restaurant was. City Manager Cheney answered, "Captain Hook's." Mayor Trauger then asked if the boat out in front in confo~m±ty with the Sign Ordinance or was it~ left over from the hig~h water and flood a few - 46 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1982 days ago that washed it in. A lot of people had asked Mayor Trauger about it. Councilman deLong believed that they would be going before the Community Appearance Board, and the Community Appearance Board would make that decision. He was glad to see Captain HOoks come in. ADJOURNMENT Councilmember Woolley moved, seconded by Vice Mayor Warnke, to adjourn. The motion carried 5-0, and the meeting properly adjourned at 10:40 P. M. CITY OF BOYNTON BEACH ATTEST: Vice Mayor Counc ilm~er Counc i/man i ~ Clerk (Four Tapes~ - 47 - Appendage to City Council minutes 4/6/82 - see page 15 On behalf of the Chamber of Commerce~ I would first like to offer congratulations and best wishes to our new Mayor, Mr. Trauger, and to our new Vice-Mayor, Mr. Warnke, and recently elected CoUncilman DeLong. We wish all of you a successful year, and iook forward to working side-by-side with you for the betterment of our community. Mr. Mayor and members of Council, with your permission I would like to read the following statement, from the Chamt~er of Commerce, into the record: Pal~Beach County is the dominant county in agricultural production in Florida, and ranks eighth among all counties in the United States. During the last 27 years its value of agricultural production has increased from 27 million dollar~ato over 874 million dollars in the 1980-81 season. Of the 1.2 million acres of land in Palm Beach County, about one-half of t~is amount, or 586,000 acres, are classified as agricultural. In addition, the importance of agri- culture to Palm Beach County is recognized in the Master Land Use Plan, which sets aside 22,000 acres in an Agricultural Reserve Area. Forty years ago a Farmer's Market existed in Boynton Beach, east of the Winn Dixie store at N.E. 2nd Ave. and Federal Highway. Local growers were pleased with the location, for it was convenient and accessible. Since they planted more acres and produced more vegetables than farmers in adjacent counties, they assumed the market was permanently set. However, businessmen of Pompano Beach, realizing the value of a farmer's market to their city~ developed the Pompano Farmer's Market on donated land and with WPA labor. The market grew through the hard work of its.promoters. Market in turn declined and was closed. The Boynton Beach Local growers began to truck their produce to Broward County. Las~ year, over 5 million bushels containing twenty-o~e different for ~- · ~ vegetables were sold by the growers ~f over 60 million dollars. Palm Beach Count¥_~rowers produce 97% of these food items. The Farmer's Market operates 24 hours per day from September through June. It handles the produce of about 200 growers and operates through 60 buyers who generate a world-wide market of between 200 and 300 million dollars. This market is rightly called the National Winter Vegetable Market. The Farmer's Market in Pompano is one of 15 owned and operated by the State of Florida. The market needs to be totally redesigned, r.ebuilt, and moved to a new and easily accessible site in the 3 agricultural area of South Palm Beach County. The Greater Boynton Beach Chamber of Commerce supports this move and the positive action taken by our local growers. The Chamber continues to urge the County Commissioners and their staff to expedite efforts to bring a new Farmer's Market to South Palm Beach County, and complements them~for their past efforts. We at this time, also seek the support of the City Council of Boynton Beach, in whatever manner it deems fit, to encourage the deve-~- opment of such a Marke. t, in our South County are~.: I thank you for your kind attention.