Loading...
Minutes 09-01-81MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL BOYNTON BEACH,-FLORIDA, TUESDAY, SEPTEMBER 1, 1981 AT 7:30 P. M. PRESENT Edward F. Harmening, Mayor Walter "Marty" Trauger, Vice Mayor Joe deLong, Councilman Samuel Lamar Wright, Councilman Patricia Woolley, Councilmember Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James Vance, City Attorney Mayor Harmening welcomed everyone and called the meeting to order at 7:3G P. M. He announced the invocation would be by Rev. Douglas Smith of the First United Presbyterian Church, which would be followed immediately by the Pledge of Allegiance to the Flag, led by Mayor Edward F. Harmening. AGENDA APPROVAL Vice Mayor Trauger requested that under "VIII. OLD BUSINESS", E. Discussion of the Proposed Budget, be added so that the Council could h~ve the budget information before the City Council prior to the public hearings and know where they stand budget-wise before going to the public hearings. Vice Mayor Trauger referred the Council to an article which appeared in the Sun Sentinel pertaining to the amount of spending it takes for the taxes per individual as comp'ared to the City's budget against the City's size, Vice Mayor Trauger thought t'hese statistics would impress the people of Boynton Beach as to She size of the budget by comparison to comparable cities. Under "X. ADMINISTRATIVE, Mi Pedestrian"Signal - South Federal High- way - Funding", Vice Mayor Trauger asked to add some information to expand the subject slightly on the crosswalk, Secondly, Vice Mayor Trauger added he would like the ~olice patrols to establish a closer surveillance of the speeding traffic coming off the ramp of the Intra- coastal Bridge heading toward Federal Highway, as it was heavy with construction vehicles and other speeding, and a woman was very badly injured while crossing to the K-Mart. Councilman deLong asked to add an item under "VIII. OLD BUSINESS", Councilmember Woolley requested the addi'tion of "F~ Amending the Time-Sharing Ordinance" under "VIII. OLD BUSINESS", Councilman deLong clarified his request by saying the item should be added as "G. - Dr. Richard C. Vollrath". Under "IX. NEW BUSINESS", Councilman Wright wished to add a dis- cussion regarding the upcoming Annual Convention of the Florida League of Cities, which would be "Designation of Voting Delegates." City Manager Cheney requested the addition of "O. Agreement on Engineering Contract with Russell & Axon Engineers, Planners, Archit'ects for a School Board Utility Plant under "X. ADMINISTRATIVE." MINUTES - REGULAR CITY COUNC%L MEETING SEPTEMB. Eg 2, l~81 Councilman deLong ~oved, seconded b.y Councilman Wright, to adopt the Agenda as corrected. Motion~carried 5~0., ANNOUNCEMENTS None. MINUTES Regular Cit.y CounCil Meeting Of Augustl i'8, 1981 Councilman deLong moved, seconded by Councilman Wr.±ght, to accept the minutes as presented, No discussion. Motion carried 5~0.. PUBLIC AUDIENCE Mayor Harmening stated ±if anyone, in the audience would like to speak on any ~tem not on the Agenda, they may do so at th~s time, He added if anyone would like to speak on any 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. Mr. Jack Lesser, Palm Beach Leisureville Association, came forward, and spoke about saving lives. He stated that Palm Beach Leisureville has a CPR Program which is very successful. Mr. Lesser said there was no reason why the program should be in Palm Beach Leisureville and not throughout the City. Mr. 'Lesser informed the Council that the program is spreading rapidly around-the country~ and he felt Boynton Beach should also pursue the program, Senior citizens comprise from 33-1/3 to 40% of the adult population in Boynton Beach and are very susceptible to heart attacks. In checking, Mr.~Lesser could not find amy other city with a population of senior citizens as great as Boynton Beach Seattle's Fire Department initiated the CPR program. Seattle is the leading city in the United States for saving lives and has gained a lot of publicity through the media and even TV. Mr. Lesser said the City should have a committee chaired by a Council Member or City Manager Cheney. The committee should 'be appointed by the chairman, Mr. Lesser advi-sed that no other city in Florida has a program such as this, so Boynton Beach should be the first. CPR keeps the patient alive until the paramedics arrive. Many lives have been saved because of the paramedics, who respond quickly to all of the alarms. People in the community play gol'f, watch basmball, or are in large crowds, where heart attacks usually occur and people do not know what - 2 - MINUTES - REGULAR CITY,COUNCIL MEETING SEPTEMBER t, 1981 to do. There is a tremendous saving of lives when peopl~ know how to perform CPR. Mr. Lesser inaugerated the program in September, 1977; it is ~successful, and the people want it. People from other communities jo~in the classes a'C Leisureville. Mr. Lesser offered his services to the City Council or any committees who wish the program. Councilman deLong moved to turn the matter over to City Manager Cheney for his recommendation. Councilman Wright seconded the motion. The motion carried 5-0. BIDS Swale Construction and Drainage Improvements - North Seacrest Blvd. at 19th Avenue - Engineering City Manager Cheney said approximately $15,000.00 was anticipated as an expenditure on the budget. Finton Construction Co. will do the job for $8,2~9,50. If the contractor does a .good job, the City may come back with a suggestion to do additional similar swale work. Mr, Cheney drove around Miner Road after a heavy rain and saw absolutely n.o water, whi'ch shows the swale area really works, Vice Mayor Trauger told the Council Mr. Cheney was absolutely right. Councilman deLong moved to accept the recommendation of the Tabula- tion Comm±ttee a~d award the bid to Finton Construction Co. in the amount of $8,2~9,50. Vice Mayor Trauger seconded the motion. Councilman Mright asked about the $15,000,00 allocation, City Manager Cheney sa±d $15,0Q0.00 was allocated for the d~ainage project for the current year. Of the $15,000,00 for drainage, this $8,299.50 is being spent, He will recommend another expenditure in another week or two, The motion carried 5~0, B. One ~1) Chlorinator for Wilson Poo'l - Recreation & Parks City Manager Cheney said an additional chlorinator was needed for ~ilson Pool, which was not a part of the original plan~ It-was recommended that the contract be awarded-to Southland Controls Co. of Lantana for the sum of $1,~9~5,00. Southland Controls Co. was the second low bidder, but the low bidder did not meet ~'he specifications of the City, Mr, deLong moved to accept ~he recommendation of the Tabulation Committee and award the bid to Sour'bland Controls Co, and- to make the Memorandum dated August 26, 1981 from C~arles C~ Frederick, Recreation & Parks Director, to Peter L, Cheney, City Manager, a part of the public records, Councilmember Woolley seconded the motion. No discussion, The motion carried 5-0, Demolition of Property - 131 N. E. 2nd Avenue - Building Depart- ment City Manager Cheney recommended the bid be awarded Burkhardt Construction, Inc. in the amount of $1,550..00. Mr. Cheney said the building had been under potential demolition for a long time with a - 3 - MINUTES - REGULAR CITY COUNCIL MEETINC SEPTEMBER ], 19.81 lot of public/ notices and second and third chances t-o solve problems, Vice Mayor Trlauger moved tO accept the Bid o'f Burkh~rdt Construction, Inc. in the amount of $1,5Q0..00, Council.man deLong Seconded the motion, and the motion carried 5~0, As it was not 8:00 P, M., when a public hearing was scheduled, Councilman deLong moved to dispense with the regular order of business and move to "VI, DEVELOPMENT PLANS"° The motion was seconded by Vice Mayor Trauger and carried 5~0~, DEVELOPMENT PLANS Final Plat Approval - F~sherman~s Landing ~astern terminus of both Las Palmas Blvd, and Lakesfde Harb~or D'ri've~ Mayor Harmening asked Tom Clark, City Engineer, whether he recommended the approval of the final Plat. Mr, Clark said the developer had complied with his requirements so he recommend, ed approval of the plat. Mr. James Warnke, 617 Lakeside Harbor, appeared before the Council. He informed the Council that he owns 250 feet on the street and strongly protested the approval of the plat in its present form. Mr. Warnke and t.he other families on Lakeside Harbor have been on vacation and were not aware of the final approval until about two days ago. Mr. Warnke spoke for the residents of six houses on Lakeside Harbor, most of whom were present at the meeting. Mr. Warnke stated Lakeside Harbor is a private road and the personal driveway of the residents living there. The residents improved the~'d~ive, black topped it, and maintain it out of their own personal pocketbooks. The plat connects Las Palmas and the private road to their drive. The houses fronting on Lakeside Harbor certainly have the right to use the drive. How- ever, the residents of Lakeside Harbor Drive strongly object to opening their drive to Las Palmas and the new houses on the plat plan, Inasmuch as the resi'dents of Lakeside Harbor Drive maintain the street themselves, the proposal is not fair to them financially. Mr. Warnke asked the City Council to deny the request'in its present form or to table the request~to give the residents time to seek legal council in their behalf. He did ~ot'want the present plan to go through with the 16 people on Las PaLmas plus eight people on the new plat plan plus two commercial establishments to have access to their private driveway. Mayor Harmening~ asked if he could block it off. Mr. Warnke said they could not put a barricade and a private drive on the plat plan. Mr. Warnke said! perhaps the developer did not know that Lakeside Harbor was a private road. Mr. Annunziato said it was well-known that Lakeside Harbor was a private road. One of the major concerns staff had was the turning of emergency vehicles. The proposal before the Council acted to alleviate the problem by extending the plrivate roadway a little bit eastward and southward. Mr. Warnke said there was no cul-de-sac ~ at the end of Lakeside Harbor. The garbage trucks, pick up the - 4 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 garbage and back up, Mr, Warnke said the. residents of Lakeside Harbor feel the access .to Las Patmas and the new buildings projected on the street will use their drive, which they maintain from their own pocketbooks. Councilman deLong said it appeared the pe'ople living on Lakeside Rarhor Drive d.~d not get,the p~oper information and also, some of them were away, Mr, d~eLong moved to lay the.question on the table and have s'taff meet'~with the developer and a ~epresentative of the residents, The motion was seconded by Councilmember Woolley, and carried 5-0. Conditional Use Approval and Site Plans submitted~by Phyllis G. Spano for Phyltis"' P~ecious People, to reconstruc~ three existing dwelling units to operate a 24 hour child care~facility to be lo- cated at the northeast corner of S, E, 23rd.A,venue and S, E, 3rd Street Mr. Annunziato inf'orme~ the Council the appli'catiOn was'for a child care center· The applicant proposes to reconstruct the interior of the buildings,~'joining the structures 'By. removing portions of the wall, and orienting the use to the~north-, There will.be a new parking lot on S. E. 3rd Street, Mr. Annunziato advised that there hms been considerable discussion regarding the application, particu- larly in.the Planning and Zoning Board and at the public hearing. Mr. Annunziato said concern was raised by the Planning and Zoning Board with respect to potential accidents at S. E. 23rd Avenue, where- by children could be left off on S. E. 23rd Avenue to .walk to S, E. 3rd Street, The modified plans came back with the easternmost door being closed off. The Planning and Zoning Board took the plans under advisement with a continuance of their analysis. Mr. Annunziato read the follow- ing comments: Planning and Zoning Board: Sidewalks are required on SE 3rd St. and SE 23rd Avenue. 4 Ail exit doors on the south side of the building are to be eliminated. Planned reconstruction of building must meet fire codes." The plan was recommended by the Planning and Zoning Board by a. 5-2 vote. The Community Appearance Board reviewed the plans on Monday, August 31st and no action was taken by the Board. There was some discussion concerning landscaping on S. El 23rd Avenue, which was not included in the Plans~ and landscaping around the dumpster. The application comes to the Council with the positive recommendation of the Planning and Zoning Board. Mayor Harmening said the only action the Council could take would be subject to the approval of the Community Appearance Board, - 5 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 19_81 Councilman deLong moved to grant the conditional use approval and to approve the final plat subject to staff comments and the approval of the Community Appearance Board, The motion was seconded by Council- member Wooliey, Councilman Wright said in reading, the Code Book, page 1955, Section 11.2, he felt the request was justified. Motion carried 5-0. Councilman deLong moved, seconded by Vice Mayor Trauger, to revert back to the regular order of business. Motion carried 5-0. PUBLIC HEARING - 8:00 P. M. Proposed VARIANCE from Article XVI, Section 1 of the Subdivision & Platting Regulations to delete sidewalks on the west side of West Industrial Avenue Mayor Harmening asked.if anyone in the audience wished to speak in favor of the proposed variance and received no response, He asked if anyone in the audience wanted to speak in opposition to the proposed variance and received no response. Councilman deLong moved to grant approval of the variance on the recommendation of the Technical Review Board and to make the Memorandum of Tom Clark, City Engineer to Peter L. Cheney, City Manager, dated August 11, 1981, a matter of public record. Council- member Woolley seconded the motion, Na discussion. Motion carried 5-0. DEVELOPMENT PLANS C. Modified Site Development Plan submitted by Billy S. Pitts, Agent for F & R Builders, Inc., to construct recreational facilities at Boynton Lakes, Plat No. 1 PUD (South of Hypoluxo Road, east side of Congress Avenue~ between L-18 & L-20 Canals) Mr, Annunziato informed the Council the application was a request to modify the existing plans for the recreation area. The applica- tion provides for the construction of two tennis courts, a swimming pool, chickees, cabanna, saunas, and a barbeque pit. The application was unanimously recommended by the Planning and Zoning Board, subject to staff comments as follows: Engineering "1. Dept.: Elevations and gradients for the parking lot and adjacent roadways must be shown, - 6 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 Engineering 2. Dept. Drainage facilities should be shown and drainage calculations are required. 3. Parking lot specifications are required. The lengths and bearings of the boundary lines for Tract 'J' should be shown. Proposed elevations of adjacent property should be shown. Building sewer and water service line should be shown to the connections to the City water and sewer in the street." Utilities Dept.: "Should show water meter locations and sizes and where sewer connection will be made." Public Works: "Show dumpster location," Planning Dept.: "Sidewalks on NW 34th Ave~ recommended~" Mr. Annunziato explained that NW 34th Avenue serves 1/3rd of the first phase and he believed that it will provide the location for school bus pickup, The overall recommendation of the Planning and Zoning Board was that the application be approved, subject to staff comments, The plan was reviewed by the Community Appearance Board with a positive recommendation~ Councilman deLong moved to accept the unanimous recommendation of the Planning and Zoning Board to approve the modified site develop- ment plan, subject to staff comments. Vice Mayor Trauger seconded the motion. No discussion. The motion carried LEGAL Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No, 81-30 Re: Amending Section 11,1 C4 Appendix A "Zoning" - Non-conforming Lots City Attorney Vance read proposed Ordinance No, 81-30 by title only, on second and final reading: "AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMEND- ING SECTION 11.1 APPENDIX A 'ZONING' OF THE BOYNTON BEACH CITY CODE, 1981 CODIFICATION; A~ENDING SECTION 11.1 C4; PROVIDING MOR AUTHORITY TO CODIFY; PROVIDING ~OR A SAVINGS - 7 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER .1, 1981 CLAUSE; REPEALING PRO¥%SION; AN EFFECTIVE DATE AMD FOR OTHER PURPOSES." Mayor Harmening asked if anyone in the audience w-anted to speak in opposition to the proposed ordinance and~received no response, He asked if anyone in the audience wanted to spear in favor of the proposed ordinance and received'no response, Vice Mayor Trauger moved for t'he adoption of Ordinance No, 81-30 on second and final reading, seconded by Councilman deLong, No discussion, Mrs, Padgett took a roll call vote on the motion as follows: Councilman"Wright Councilmember Woo'lley Mayor Harmening Vice Mayor Trauger Councilman deLong Aye Aye Aye Aye Aye Motion carried 5-0. RESOLUTIONS Proposed Resolution No. 81-WW Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board Action - Proceed with Interim Sludge Conditioning Facilities City Attorney Vance read proposed Resolution 81-WW by 'title only: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING SOUTH CENTRAL REGIONAL WASTE- WATER TREATMENT AND DISPOSAL BOARD ACTION OF AUGUST 20, 1981." Councilman deLong moved the adoption of Resolution 81-WW., seconded by Councilmember Woolley. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilmember Woolley - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman W~ight - Aye Motion carried 5-0. Proposed Resolution No. 81-XX Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board Action - Adopting Budget City Attorney Vance read proposed Resolution 81-XX by title only: - 8 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 19.81 Councilman deLong moved the adoption of Resolution 81.-XX, seconded by Vice Mayor TraUger. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman Wzight - Aye Councilmember Woolley - Aye Mayor Ha~mening - Aye Motion carried 5-0, Proposed Resolution No. 81- Plat Re: Accepting Fisher~man~s Landing Councilman deLong moved to table the proposed Resolution accepting Fisherman's Landing Plat, seconded_by CouncilmemBer Woolley. The motion carried 5-0, Proposed Resolution. No. 81~YY Re: Park, Plat No, Accepting Lawson Industrial City Attorney Vance read proposed Res-olution No, 81~YY by title only: "A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PLAT OF LAWSON INDUSTRI~-L PARK, PLAT NO, 1, A SUBDIVISION WITHIN THE CITY OF BOYNTON BEACH." Councilman deLong moved the adoption of Resolution 81-YY, seconded by Vice Mayor Trauger. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman deLong - Aye Councilman Wright - Aye Councilmember Woolley - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Motion carried 5-0. Proposed Resolution No. 8t-ZZ Re: Reducing Performance Bond - Lawson Industrial Par'k,' P"%at NO..'1' City Attorney Vance read proposed Resolution No. 81-ZZ by title only: "A RESOLUTION OF .THE CITY OF BOYNTON BEACH, FLORIDA, REDUCING PERFORMANCE BOND FOR LAWSON INDUSTRIAL PARK, PLAT NO. 1." Councilman deLong moved the adoption of Resolution 81-ZZ, seconded by Councilmember Woolley. No discussion. Mrs. Padgett took a roll - 9 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 call on the motion as follows: Councilman Wright - Councilmember Woolley - Mayor Harmening - Vice Mayor Trauger - Councilman deLong - Motion carried 5-0. Aye Aye Aye Aye Aye OTHER Approve Proposed Settlement - George Culver City Attorney Vance advised that the City Council approved a pro- posed settlement of the George Culver matter some time back, which was in'litigation, Sub'sequent to t.he City Council's approval, in evaluating the plans in more det'ait, City Attorney Vance said it was decided there were a couple of other items to be 'taken care of. The matters had been added, and Mr. Vance requested approval of the modified stipulation, Martin L. Haines, III, Esq,, Haines.& Rossow, North Palm Beach, Attorney for George CulveZ, informed the Council that he, Mr. Vance, and the Assistant City Attorney CJames Wolf).had negotiated the Consent for Final J'udgment. Mr, Haines advised M~~. Vance that he had told Mr.~Wolf he and his client were agreeable except for a couple of sentences and he Wished to address the Council on that issue. Mayor Harmening asked City Attorney Vance to tell the Council about the modifications-. City Attorney Vance read from a memorandum submitted by his Assistant City Attorney, James R..Wolf, Caldwell, Pacetti, Barrow & Salisbury, Palm Beach, to the City Council, dated August 3.1, 1~81, regarding George Culver rs, City of Boynton Beach, as follows: "The matters that have been clarified are in Section 5 of the Agreement, that portion of the building on the property that needs to be demoli'shed ~s more specifically enumerated in reference to agreement that has Been provided to the City, This is done in order that there can be no confusion as to the construction that has to be done on the property. In number 2 'in Section number 6A Of the Agreement, there has been placed a time limit upon which the engineering study on the dock must be presented to the City, Mr, Culver has also presented an acceptable engineering study on a portion of the dock and has agreed to provide the other one within thirty days of final execution of the Agreement. Three, further in the original Agreement, there was no mention of the existing use of boat slips on the property. This item had not been discussed during the original negotiations. It is the feeling of the legal staff that the use of these boat slips has-gone on fOr such a length of - 10 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 time that they are probably a legal nonconforming use. In negotiation of the original Agreement, it was not the intent of the City to forbid these uses. Failure to mention these slips in the original Agreement may have resulted in a confl~ict between the parties and one in which % feel. the City could not win. T~e City also gains through this Agreement by ~he f~ct that the boat slips are, in fact, identified as a non-conforming use and subject within the limitations thereon, such as not being expanded and two, if discontinued for a period of six months, not being allowed to recommence. In light of the fact that we recommended the initial' Agreement which the City Council approved and feel that this Agreement is .nothing more than a clarification that had previously been approved by the City Council, this office would recommend approval of the revised Agreement," Mr. Haines, Attorney for George Culver, advised the Council that Mr. Culver is willing to provide the engineering study for that portion of the dock the City is going to tare over and maintain. Mr. Haines said their only objection was contained in paragraph 7 on page 4 of the Consent for Final Judgment. He said he did not feel Mr. Culver should acknowledge that the operation of the boat slip on the intracoastal waterway was a legal non-conforming use, as he did not think it was. Mr. Haines continued that Mr. Wolf's memorandum to the Council was correct in that the essence of their consent to final judgmen't would not jeopardize Mr. Culver's use of the property, %he boat slips have been a pa~ and parcel of the property for 15 or more years, possibly 17 years. Mr, Haines said if p~ragraph 7 would say, "This Agreement, however, sh~ll not affect the Plaintiff's right to operate and lease twenty- two C221 boatslips on the subject property PERIOD", it would take care of the problem. Mr. Haines expressed that he thought the concern Mr. Wolf ~ad was t'hat George Culver might attempt to expand the boat slips and by using the words 22 boatsl'ips, that expansion is precluded. He wOuld not be able to do that. Mr. Haines said he did not believe it would affect thee zoning regulations', as they would h_ave to operate in compliance with the zoning regulations as they exist. Councilman deLong said the issue should be reverted back to both attorneys and~that an engineer should go down and look at the concrete slabs, because someone is going to be injured. Councilman deLong moved to table the item and have both attorneys work out a suitable agreement, and come back before the CoUncil for approval~ Councilman Wright seconded the motion~ The motion, carried 5-0, Vice Mayor Trauger called attention to the map presented with the above item, M'e said.~sometime ago the City was going to look at the - 11 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 little patio there of City property. The Recreation Department was going to look at it and put up a sign that it was Boynton Beach's on the Intracoastal. Vice Mayor Trauger did not see anything on the budget with relation to this matter. City Manager Cheney said part of the reason that particular piece of land was addressed in the proposed agreement was because Vice Mayor Trauger brought it to the City's attention as they began to work with the CulVers, Vice Mayor Trauger wanted it brought out and identified that that Piece of the lot was truly City land. Mr. Cheney advised the Corp. of Engineers has no concern that the City use it, and Mr. Cheney said the City has correspondence to that effect. It can be used as a piece of City dock or City land, Mr. Cheney said the only reason the City had not taken steps to announce possesion ~s because they were working through the agreement with Mr. Culver's attorney where they agreed they had no interest in it and it was the City's, Therefore, there would be no argument about it. City Manager Cheney said the only other people who could ever claim any interest in it would be the Culvers, who are using it. When they sign the agreement and disclaim any interest in the property of the City, then it will Become the. City~s and there will be no worry about it. At that time, Mr, Cheney said, he will come back and address the City Council. City Manager Cheney said initial engineer.s had looked at that piece in addiction to Mr, Cu~tver's piece of property, and the City believes there is no safety problem. The Cindy j:ust wants an engineer to sign his. name and say there is no safety problem. Mr. Cheney further advised that another reason the. City does not want a proposed use of it as a piece,of City land was that until the City gets the engineer's certification saying there is no danger, then the City is home free to propose and talk about using it. City Attorney 'Vance advised the Council to remove the item of "Approve Proposed Settlement - George Culver~'' f~rom the table since Martin Haines, the Attorney for Mr. Culver, and George Culver indicated they would accept the offer of the Citly~,' Councilman deLong moved, seconded by Counc'ilmemBer Woolley, t~o take the item from the table, The motion carried 5-0, Vice Mayor Trauger moved to accept the proposed settlement with George Culver in accordance With the terms and conditions set forth in the memorandum from James R. Wolf, 'Assistant City. Attorney, to the Ci'ty Council, dated August 31, 1~81, 'and' t'he memorand~n~.~o~ AUgust 21, 1981 from Mrl Wol.f tn Marltin L.~, Haines, %II, ~E~-q., and also the memorandum dated September 1, 1981 from Peter L. Cheney, City Manager. No discussion. The motion carried 5-0. Consider Proposed Agreement - Cumberland Farms Court Cast-, Mayor Harmening referred to a letter from Gene Moore, Attorney, to - 12 - MINUTES - REGULAR CITY COUNCIL MEE. TING SEPTEMBER 1,. 1981 Assistant C±ty'Attorney James R, Wolf regarding ¥, S, H~ Realty rs, City of Boynton Beach, a portion of which he read as follows: "a. Applicant will amend its modified site plan to provide for construction of six foot CBS stucco wall along easterly area of plan indicated as curbing. Height of wall would be reduced to four feet on northerly end within ten feet of sidewalk. A planting similar to plant- ing previously approved by Community Appearance Board along east side of building would be placed along east side of subject wall, together with sprinkler system. In all other respects, modified site plan as previously approved by City Staff and TRB Board would remain as submitted." Mayor Harmening asked~City Attorney Vance whether he had any comments, and Mr. Vance said the site plan had been approved, and the City does gain some concessions in this particular situation. Vice Mayor Trauger stated that=he looked at the property again, and the only thing changed was the addition to the fence. Before the City was joined in suit on this, Vice Mayor Trauger said the City Council gave them permission to operate the Cumberland Farms store as their original site plan. From that original site plan to their second proposal of altering, which the Council turned down, Vice Mayor Trauger could see no difference from the plan turned down except the adding of the fence. Vice Mayor Trauger remarked that the fence was an improvement but not the principal contention of the neighbors living there, which was the exiting and entering of trucks that close to Leisureviile's side of the fence. Vice Mayor Trauger advised that when it was put to the original proposal, although there was some objection, it was more highly acceptable than the other. Vice Mayor Trauger felt the plan was not corrected and he could not see Why the engineers who so carefully and skillfully designed it the first time could not operate the store under their initial design. Mrs. Homer Kimbrel, President of Leisureville and Chairman of the Board of Directors came before the Council and said he agreed with what Vice Mayor Trauger said. Mr. Kimbrel said the building of a wall as a buffer for entering and exiting trucks to the proposed building by 'Cumberland Farms does not solve the problem, Mr. Kimbrell believed such growth and expansion in Boynton Beach must be controlled for the benefit of residential people. Mr. Kimbrel said Leisureville objects to the store being put there at all unless there is a need for an additional food store of that type. First of all, Mr. Kimbrel said, Leisureville believes the loading and unloading dock should be located on the west side of the building, which would be next to commercial property already established. Secondly, Mr. Kimbrel further stated, it would be - 13- MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 19.81 quite annoying for this type of use of land to be next door to residential property when there is already commercial property on the opposite side of the lot, Mr. Kimbre%land the people of Leisure- ville could not understand why it has to be on the east side, next to ~e condominium building, It does not make good sense, as far as Leisureville ±s concerned. Mr. Kim~brellsaid he understood they propose to use 3Q feet of the 75 foot piece of property for the loading dock, which would reduce the 75 foot frontage on the remain- ing p~operty to 45 feet, Sooner or later, Mr. ~Kimb'rell and Leisureville anticipate someone will come in for an application for a variance for th.at 45 feet and construct a building claiming hardship, Mr. Kiimbre~lsaid he did not believe the City Council would want to be a party to creating a self-imposed hardship, and to approve what CUmberland Farms is intending to do would be that, Leisureville, advi'sed Mr. Kimbze~ll, continues to object to the pro- posal as outlined in Mr, Moore's letter, Mr. Kimbre~I1 came. before the Council to say Leisureville has about 4,500 zesidential people who are still opposed to the proposal as set out. Councilme~ber Woolley.remarked that it was her understanding that part of the planting was to act as a screening, not just a wall, City Attorney Vance advised that there was a proposal that additional trees be added, but the plaintiff' declined to consider that item~ as part of the proposal. Mr. Ben Adelman, 1117 Lake Terrace, appeared before the Council. When this first came up before the Council, Mr, Adelman said, there were a lot of questions and discussion, and they came~to the conclusion that the plan should be built on the west 'side of the property? Mr. Adelman said h~represented Leisurevitle Lake, and they did not want the building there, but they accepted it the way it was, as it was the 'best thing phey could get. Mr. Adelman asked what caused the change to be made that they put ~he loading dock on the east side of the ~property. He thought it had been turned down. Mr. Adelman informed the Council that he had lived in Boynton Beach for eight years and the residents of Leisurevi'lle Lake expect to live and enjoy their apartments for the =est of their lives. Councilman deLong asked Mr. Adelman whether they had any objection.s to the original plans. Mr. Adelman replied they had objections but had to accept them because of the zoning. They went along with the idea that the building be put on the west side of the property, which was first granted them. He said he could make no objections there. Councilman deLong asked if the original plans would be all right. Mr. Adelman said that would be least troublesome and they could live with the original plans. - 14- MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 Councilmember Woolley asked City Attorney Vance where the City stands. City Attorney Vance answered that the City had been sued by Attorney Gene Moore on behalf of his dlient, The City is in litigation, and if there is a settlement tonight, the litigation will obviously be settled. If there is no settlement, the City will continue to move. Mr. Adelman said ~this was the first he heard of a suit, and he asked on what grounds Mz. Moore was suing, City Attorney Vance replied that several grounds were alleged in t'he sut~t, regarding the denial of the modified site plan being moved to the east side of the property, Councilman deLong said the City has a lot of problems too. Mr, Adelman wondered if Mr, Moore could guarantee them that his client's customers will not cause any tr'ouble like they have been having and he felt it was unbearable that the Council wou.ld let a thing like this go through' without considering the people living there, Mayor Harmening explained that the original site plan is far superior to the modified site plan in terms of nuisance or in- convenience to the adjoining property owners. City Attorney Vance confirmed .to Councilman wright that it was some additional concession to the City, Councilman deLong pointed out that although there is a concession according to the statement to the City Attorney, evidently it is not acceptable-to~ the people who are complaining, Councilman' deLong asked what was wrong with the original plan. He said he.was willing to stick with the original plan. Vice Mayor Trauger moved to not accept-the proposal and go with the original site plan as first recommended by the Planning and Zoning Board, Councilman deLong seconded the motion to deny the suggested compromise settlement and to'continue with the original site plan, Councilman Wright stated that as he voted for the modified plan, he would have to vot~e against the mot~ion~ The motion carried 3-2, with Councilman wr~ight and Councilmember Woolley voting against the motion. OLD BUSINESS Report on Mutual Assistance Agreement with Town of Ocean Ridge - Requested by Councilman Joe deLong City Manager Cheney said the Agreement before the Council was a little different from the ones in the past. - 15- MINUTES - REGULAR CITY COUNCIL MEETING There was a three minute recess~ while people Leisureville Lake left the Chambers, SEPT. EMBER 1, 1981 from Leisureville and City Manager Cheney said the Agreement was the produc.t of meetings between Boynton Beach and Ocean Ridge, He stated i't was slightly changed and he believed improved from previous agreements. City Manager C~eney Reported he received a slight mod.ification today (September 1). The Town Manager is going to dis.cuss the modification with his Town Board on September 2nd, H~e does not expect them to act on it, so City Manager C~heney suggested the City wait two more weeks until Ocean Ridge's Town Board ,meets and discusses it on September 2, get back the suggestions t~at came f~om~'t~e~Rublic~ S~fety Director, _a~per-kap~P~h~m~n~il c~an act on it at the next Council Meeting, Councilman deLong moved to table the item, seconded 'By Vice 'Mayor Trauger, Motion carried 5-0, Consider Cemetery' Board Rec~Om~endat'f~ns - Ma~soleu'~'Lift ~ City Manager Cheney informed the Council that in working with the mausoleum project, it appea~s that some of the crypts or niches at the top are higher than one could reach, It seems no one thought about a lift to l~ift the caskets up~ The. Chairman of the Cemetery Board ~nd City Manager Ch~eney discussed it, and the question came up of ~ purchase of a hydradlic or-electrical lift mechanism to be used at the mausoleum, In addition to the lift, City Manager Cheney said the question is raised as to where the lift would be stored, Obviously, no pro- visions were made for storage of the lift, This~ was discussed ~with the mausoleum developer, M'r, Osborne, and out of those discu~SsiOns a modified site plan has come where restrooms tha~t had been planned at the southend of the ~aussleum would now be constructed to the west side of the mausoleum, along with a storage room for the lift so that it will be inside a building, The plans ~ave been submitted to the Building D~pa~tment and have gene~ally been approved, and they'are now waiting .for construction, Mr. Cheney further informed the Council that the storage room will have a ~mock sink kind of arrangement so the City will have a facility to maintain and clean up the mausoleum. City Manager Cheney advised that Mr. Osborne'is-proceeding with the construction of the storage room and'the previously approved restrooms, The question before the Council is the acquisition of the lift. Mr. William Sullivan, Purchasing Agent for the City, determined there is only on~ manufacturer of the lift in the country with distributors all with the same fixed price. Mr, Sullivan informed the Council the price would be $9,575.00, and there is nowhere it can be purchased cheaper. - 16 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER l, 19_82 Councilman deLong questioned City Manager Cheney as to'why he said the price was $9.,575,00 when the communication he had showed a price of $8,750,00 FOB from one company and $8,69~0~0. Q-.from another. City Manager Cheney replied that the price had gone up since then, Mr, Edgar D. Hurford~ Chairman of the Cemetery Board, spoke to the Council. M~, Hurford said he has been down to the mausoleum, which is a beautiful building, almost every day and has found a lot of things lacking, %n the contract with the City, in paragraph 8, Mr. Hurford adv%-sed the Council that Boynton Beac~ ~ansoleu-m, Inc. was to give .~he City a complete building with a lock door proposition that would do the work nicely. Hr, Rurford found the developer was go~-ng to give the City l~unges, chairs, and things of that nature~for- the people wh~o gs to the~lnterment mervices at the Chapel.. Mr. Hurford stated that the City was promised a key and every- thing would be complete, but what they are going to do is give the Eity a scaffold, which is something that has to be built up. The scaffold would go up to the sixth story, and it has to be built and taken down after each interment. Mr. Hurford has looked at mausoleums from north to south, and at the mausoleums in Jacksonville and Miami. He found the most suitable 't'hing was a hydraulic lift run by electricity. There are electrical outlets all over the place at the mausoleum, ~All that would have to be done would be to plug' in the lift, and it would go up to the sixth story (Which is as far as the ~ausoleum is concerned~ and.~has a man on each side, One man will press the button and ~he lift w±l.l go up with the _coffin inbetween, Then the two men will push the coffin into the crypt. Thereafter, it will be sealed, %t could be done in a matter of fifteen or twenty ~lnutes. Mr, Hurford advised if a scaffold is used, it would take an hour to an hour and a half to put it up and an hour~ to an hour and a half to take it down and then have additional storage. City Manager Cheney had noted, when at t~he mausoleum with Mr. Hurford, that there was no storage space at t~he mausoleum, The developer told them he would use the sextsn~s house for storage, which Mr, Hurford told him was impossible. They agreed on ~he site plan desaribed by Mr. Cheney. Councilman deLong said according to the letter from Boynton Beach Mausoleum, Inc., dated June 2~, 1~.81, they admitted responsibility to paragraph 8 of the agreement~ ':Mr. deLong Said since the scaffold or the way they were going to handle things was unsuitable, in view of the fact it was their obligation to provide facilities in order to store the bodies, he-felt at least they should give the City partial payment', 'Mr. deLong asked if the City definitely has it set up as to What the Boynton Beaeh'Mausoleum, Inc. would supply in the agreement. He said thCy admitted there'was a turn- key agreement. - 17 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 Councilman deLong referred t6 the Memorandum of August 12, 1981 from Edgar D. Hurford, Chairman, Cemetery Board, to City Manager Peter L. Cheney, and read the last paragraph: "The Cemetery Board has recommended purchase of lift because of additional, services pro~ided by the Boynton Beach Mausoleum %nc." Councilman deLong asked what the additional services were, what was the amount, and whether the City owed them any money for additional services. City Manager Cheney said on this one'item, he and Mr. Nurford do not agree. Mr. Cheney felt when the Mausoleum Director says that he, the Agentg "shall provide adequate landscaping, furniture, fixtures, paving and sprinkler system in;~o~rder to put the Mausoleum into operation. "It is ~h'e'in~tent of the parties that construction~ Shall be a-'turnkey~ job," they should provide the lift and the storage. Mr. Cheney said at the time the Agreement. was approved, the phrase ,turnkey job" in paragraph 8 was no further defined, and it is recently that the question has come up, A scaffold situation is nowher~e near adequate and is absolutely stupid and inconsistent with the quality of the bu,ilding. City Manager Cheney further stated he thought it was Mr. Hurford's poSi~tion that because Boynt. on Beach MausoIeum %nc. agreed to build the storage room, that maybe the City~ can share the cost of earlier inpreciseness and buy the lift. Councilman deLong said the same~people were %n Boca Raton, and he asked what they provided there. Bill Sullivan', City Purchasing Agent, said they have had a lift in Boca Raton for three years. The Council requested'an inquiry be made to find out. Mayor Rarmening stated ±t would seem to him "f'ixtures" would be one definition of a lift and it seemed to him if you are going to have a first class job, you should have first class equipment. Councilman Wright commented that Mr, Osbor.ne has been remiss-in living up to the terms of 'the agreement. Mr. W~r±ght said he would think anyone building in the 1980's and building a facility like that would definitely be interested in a lift ~for the mausoleum in lieu of the scaffold. Mr. Wright definitely thought Boynton Beach MausoIeum %nc. should pay most of the money, if not all of it. He felt the City should hold them to the agreement. Vice Mayor Trauger asked whether the contract was a fixed price contract or a price plus con~ract. City Manager Cheney said the developer builds the mausoleum and it becomes~the City's to maintain, The Cihy receives a percentage from the s~s of the crypts and the niches, The construction costs and whatever paragraph 8 means are the costs of the. developer. - 18 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 19_81 The developer's return comes from the sales of the crypts and niches, Councilman deLong moved to table the item pending further informa- tion. He requested City Manager Ckeney to make ~!nquiries in Boca Raton. Councilman deLong said the City should insist on the hoist. Councilman deLong then pointed out that when the plans were submitted to the Community Appearance Board, he was present, and the restrooms had been eliminated ~rom the plans. The Community Appearance Board insisted that the rest~soms be added, City Manager Chaney advised that the restrooms are now a part of it, Coun~ilmember Wooiley seconded the .motion. Thee motion carried 5-0° Report on Status of Water Conservation City Manager Cheney passed out a report to the~Council which was prepared by Perry A~ Cessna, Director of Utilities, pertaining to water usage from August 16 through August 31, 1981, The average daily consumption for Boynton Beach is just umder 6 mi'Ilion. About 1/2 inch of rainfall was the average Cor this period of time. Mayor Harmening suspected that unl, ess there was an outburst over the lake, the City would be on water restrictions for a long period of time, Y±ce Mayor Trauger explained~that the point of putting tke item on the Agenda was to keep in agreement with the South Water Managemen.t District, Many people" think, since there was rain, there is no point in Con~inu%'ng' a moratorium on- prlnklzng, Vmce Mayor T[auger sa~d if the policy of watering two days a week is still in agreement, it Should-be emphasized again so all of the peoplg in the City are cognizant of the City's mandate on water usage. Although some cities in the County have eliminated-their restric- tions, City Manager Cheney advised that Perry Cessna has been attending meetings of the South Florida Water' Management District Board and the South Florida Water Management. District is using a 10% cutback. Mr. Cheney said it is possible 'to relieve restric- tinns for awhile and see if the City remains under 10% if they wish. Mayor Harmening did not think the Cfty should change its position. He felt that unless there was a considerable increase of water in the lake, there will be a drastic curtailment of water usage this winter. Vice Mayor Trauger moved that the City stay with the current policy and that they urge the Dress media-to emphasize BOynton Beach's program to the people, which is from 12:00 to 9:00 two days a week. - 19 - MINUTES - REGULAR CITY COUNCIL MEETING SETPE'MBER 1, 1981 Mr. Rudy Fischer, President of Boynton Beach Leisurev%lle, interrupted to ask that the Council modify the sprlin'kllng to allow the people to water fr'om:~the lake's and the canals with no restric~ tions. When they.are alI0wed to water, the water goes bacR into the so~l and is not wasted. City Manager Cheney said the South Florida Wate~-Management District recognized that but ±f the use of'the water from the canals ±s allowed, it begins to'take away from the canals and violates the w~o!e system~ and it creates an'unfair-restriction situation for various~ people around the area, P~erry'Cessna, City Director of Utilities affirmed what City Manager Cheney reported. H.e said people do not realize how critical the situation ±s, Mr. Cessna said the water situation really is critical to the whole south part of Florida. Also, Mr. Cessna pointed out, policing action is very difficUlt if you start this sort of thing. Mayor Harmening advised Mr. Fischer that a permit is needed from the South Florida Water Management District to draw water from the canal, They have asked the City to enforce these restrictions~ Mr, Fischer commented that Delray BeaCh and Boca Raton have never had restrictions on the watering from.lakes and canals and when you water your lawns with it, it goes Back into the water table and is not wasted, Thee fact that because someone does not live on the lake or canal and is suffering and that they should suffer too did not make sense to Mr, Fischer, City Manager Cheney told-Mr. Fischer that' South Florida Water Management District would tell him that when you take water from the lake you lose more from evaporation %n the watering process than goes back into the water table. It does not apply to the canals. Mr. Cheney said the enforcement question is a valid point to raise. Councilman Wright moved that the Council look into Mr. Fischer's recommendation, allow :~he~ po'licy:~to remain as i~-is,iand~maybe discuss it two ~eeks from now. Councilman deLong' S~conded the motion and r'eques~ed'~City M~nager Cheney ~o]talk [tnzSouth FlOrida Water Management District in the meantime to see what could be done. Mayor Harmening clarified the motion by saying the motion was made to TABLE the item and instruct City Manager Cheney to have a discussion with the South Florida Water Management District. Motion carried 5-0, Legal Advertising - Requested by Councilman Samuel Lamar Wright Inasmuch as the Council instructed City Manager Cheney to slice down on the budget, Councilman Wright felt the Council should cut back where feasible. In discussing legal ads a few months ago, the decision at that ~time was to change from the Sun Sentinel to the Palm Beach Post. Mr. Wright'f~lt-th~y-should conside~rthe Boynton Beach News - 20- MINUTES - REGULAR CITY COUNCIL MEETING SEPTE~MBER 1, 1981 Journal until recommendations from other papers are received. Mr. Wright said th.e Journal had lower rates and t:he City plmns to spend $9,500,00. In reading the~Statute,' Counci%man Wright said he believed ~t' add'resse~d~l'egal~.mds 'in a paper pUbliShed five days a week for the rezoning requests. Councilman Wright advised that the Boynton Beach News 'Journal has done a tremendous job and has a circulation of 10,000. He said the Boynton BeaCh Times was also interested. Councilman Wright asked that the matter b~e tabled so that other papers could make an offer, and then possibly make a determination at the next Council meeting, Councilman deLong referred the Council to a letter dated February 2., 1981 from the City Attorney's Office to'Peter L. Cheney, City Manmger,- and read the last paragraph from the first page, as follows: "Florida Statutes s s 166,041(3) (c)2b further states it is the legislative intent..that advertising whenever possible shall be in .a newspaper that is published at least 5~:times a week." As backup for his recommendation, Councilman Wright had a letter from Delray Beach, which City A.ttorney Vance said did not say what kind of ads they Put in the paper. With respec't to legal ads, City Attorney Vance said his opinion was precisely the same as it was when he wrote the memorandum. Mr. Vance said he thought the City would place in jeopardy every single Ordinance and REsolution adopted ~by the City Council unless the advertising is placed in one of the newspapers that is pub'lished at least five days a week. Mr. Vance said the City does not have a situation where there is no newspaper of general .circulation published five days a week. Boynton'Beach has four papers, count- ing the Times, and the statutes make it clear. He read a portion..of ~ 166.041'.2. b., as follows: "2. b ..... ~h~-adve~ig~m&m~ .gh~ll:he.publisheRzfn a newspaper of general paid circulation in t~he municipality and of general..interest and readership in thee community, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement shall appear in a newspaper that is published at least 5 days a week unless the only newspaper in the community is published less than 5 days a week. " Mr..Dean Schuyler, Publisher of the Boynton Beach News Journal took exception with Mr. Vance's reading of the above paragraph S ' He read from s 166.041, 2 as foilows: "2. In cases in which the proposed ordinance deals with more than 5 percent of the total land area of the municipality, the governing body shall provide for public notice and hearing as follows:" - 21 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 Mr. Schuyler said in there only did it say lt'must be in a five day publication. He referred to Chapter 5Q~011, ~'Where and in what language legal notices, t'o be publ'ish.ed, Florida Statutes, and read the following portion: ", ,a publication in a newspaper printed and ~ e , publmsh d periodically once a week or oftener containing at least 25 percent of its words in the English language, entered or quali~f±ed ,to be admitted and entered as second'class Ratter at a post office ±n the county where published, for sale to the public generally, , . . Mr, Schuyler said-in the matters of zoning, where the land to be rezoned is more than 5%, the legislative intent is for five days of publicat±on or mo=e~ That would also be the case for millage increases. City Attorney Vance said the clear intent of the Legislature is if there is an available paper in the communi'ty published at least five days a week, ~it should be used. Mr. Schuyler asked why Chapter 50.011 pertained to weekly publications, why do so many cities around the State use week'ly ~ewspapers, and why does the City of Del~ay Beach use them, Mr. Schuyler stated it was legal, Mr. Schuyler read something from the Florida. Press Association, as follows: "To meet the requirements of Florida law, legal ads must be published in newspapers entered as second- class, for sale generally, 25% in English, and in existence for one ~year. 'Mr, Schuyler reiterated that was the only requirement except for the zoning and millage rate, Vice Mayor Trauger asked if it wasn"t the intent of legal adver- tisement to obtain the widest scope possible to get the greatest impact for the amount of money you are spending, In other words, notify the most people by the widest range by publication. Mr. Schuyler pointed out that the Post has readers on Saturday but if you miss that edition, you must go to West Palm Beac~h to buy the paper, The Boynton Beach News J-ournal is on the news- stand all week long. There is also an off~ce on Ocean Avenue. Pat Slama, Palm Beach Post-Times, informed the Council that it appeared the main concern was the rate. She said her paper had the South County region of Delray Beach, Boynton Beach, and Boca Raton. The rate is $2.28 a column inch, the circulation in Boynton Beach is 7,800~ circulation in Delray is 9,000 and the paper is published seven days a week. The paper must have the - 22- MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 information two days in advance before 4:00 P. M. Ms. Slama pointed out they have an office .tn Delray Beach where back copies could be obtained, and no one would have to go to West Palm Beach as Mr. Schuyler said. The rates the City was paying were $7.75. Palm Beach Post-Times could not offer circulation in Boynton Beach, Delray Beach, and Boca Raton for $2,28. Mayor Harmening asked if the circulation was in both the Post and the Times, and Ms. Slama replied yes. Mr. Arthur Rich, publisher of Boynton Beach Times, said the Boynton Beach Times is a week~Y, newspaper which was granted a s~cond class mailing permit, It is as qualified as any other weeklYlnewspaper to carry legal advertising. They are excluded from advertising zoning, however, they qualify for other forms of legal ~dvertising. One advantage is that the Boynton Beach Times reaches twice as many residents of Boynton Beach than any Other weekly paper. The cost is much less than what the City was paying the Palm Beach Post-Times. It is not less than what they offer for their Palm Beach section. The cost would be $3.'10 per column edge. Florida Atlantic University Chapter of the American Marketing Association recently completed a survey which showed that the Boynton Beach Times was the best read newspaper in the City of Boynton Beach. Councilman Wright expressed his thought that everyone should get a piece of the Pi'e and, therefore, mov,ed that the City buy its legal ads f~om the B'oynton Beach News Journal next year with the exception of those ads stipulated in the Statute, The motion died for lack of a second. Councilman deLong moved to table the item, V~ce Mayor Trauger seconded and amended Councilman deLong's motion to add that City Manager Cheney be instructed to contact each newspaper representing the Boynton Beach area and, particularly, those who made presenta- tions, for their rates and a letter in support of their positions. Councilman deLong added t~h~t the motion include input of the City A'ttorney. Motion carried 5-0, Discussion of Proposed Budget - Requested by Vice Mayor Walter "Marry" Trauger Vice Mayor Trauger said the Council had asked City Manager Cheney to make recommenda~tions for reductions in a considerable amount, as a result of the:~CouncilTs proposals on the budget. -~Before go- lng to public audience, Vice Mayor Trauger t'hought the Council should meet again with the City Manager, Budget Director, and the department heads for consideration of the recommendations so every- one will he on the same key when they come for public hearing. Vice Mayor Trauger also asked for the statistics to be presented at that time with a comparison of the millage, the increase, and - 23 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 the evaluations, Vice Mayor Trauger also requested that the article in the Sun Sentinel of Monday, Augus~t 31,~pertaining to the budget, be presented. Vice Mayor Trauger"s request was put into the form of a motion, seconded by Councilman d~Long, who amended the motion to add that when any new positions are created in the City, they have to be created by the City Council, according to Page 35, Section 23 of the City Charter. Councilman deLong asked that all new positions be designated by an asterisk (*) to signify that these positions must be created by the City Council. Vice Mayor Trauger agreed to the amendment made by Councilman deLong. Councilman Wright said thDre should be detailed justification as to why a new~ position is needed. Councilmember Wooltey seconded the amendment to the motion, A vote was taken on the amendment to Vice Mayor Trauger's motion, and the amendment carried 5-0. Another vote was taken on the motion by Vice Mayor Trauger, and the motion carried 5-0, Vice Mayor Trauger infbrmed City Manager Cheney there should be time for at least two sessions, and he would like to have the Council Members in agreem'ent before going to public hearing. City Manager Cheney advised a date would be worked out, Amend Time-Sharing Ordinance - Reques.ted by Councilmember Patricia Woolley Councilmemher Woolley recommended that the minimum of 750 square feet be eliminated from the ordinance. City Attorney Vance granted his approval of eliminating the 750 square foot minimum requirement from the ordinance. Councilmember Woolley moved~ to instruct City Attorney ~Vance to eliminate the 25Q square foot minimum requirement from the Time-Sharing Ordinance. The motion was seconded by Council- man Wright. Vice Mayor Trauger asked City Attorney Vance what purpose the elimination of the requirement would serve. Mr, Vance referred to the memo he wrote in response to Councilmember Woolley's request. He said the City has chosen to place time-sharing facilities in a commercial zone. To:.~ry and differentiate between square footage as far as a hotel and square ~footage in another transient facility would be qui.-te different, He advised ¥~ice Mayor Trauger the standard Building codes would apply, an'd they ~re limited to commercial areas, The motion carried 5-0. D'r. Richard Vollrath - Requested b'y Councilman Joe d'eLong Councilman deLong moved that the City Manager contact Dr. Vollrath 'regarding reemployment. The motion was seconded by Councilmember - 24- MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, ~981 Woolley. City 'Manager Cheney informed the Council that Dr, Vollrath had indicated to him that he woul~d contact Mr. Cheney when he made a final decision. As Dr. Vollrath is g part of management of the Fire Department, City Manager Cheney said he would assume Dr. Vollrath would do that, City Manager Cheney ~believed it' would be appropriate for Dr. ~Vollrath t'o include the ?ire Ch~ef in the agree- ments he makes with the paramedics, as he assumes some of the Fire Chief's respons£bil~ities. Mr. Cheney advised the Council that t.hey will receive in their mail boxes a petition request from'the hospital and physicians at th~ hospital in' connection with the paramedics' relations with the hospital. Councilman deLong changed his motion to instruct City Manager Cheney to contact Dr. Vollrath and engage his services, and also to pay him what the other City had agreed to pay him~ Councilman Wright recommended writing to Dr, Vollrath and telling hi,m to continue his services with the paramedics and then negotiate with him. City Manager Cheney said he called Dr, Vollrath t,he day he received his resignation letter and told him the City would like him to stay. Obviously, Mr,, Cheney said, the: City wants him to stay and always wanted him to stay, Ne expressed the hope that the Fire Chief and the City Manager have an opportunity to work out some arrangements with Dr. Vollrat~, in addition to the arrangements worked out by the paramedics, Councilman deLong sa~d Dr. Vollrath had already signified to him (.Councilman deLong) that he wanted to continue. Councilman deLon~ re'peaCed his motion to direct City Manager Cheney to contact Dr. Vollrath and engage his services for the amount of money the other cities pay him, The motion died for a lack of a second. Councilman Wright moved that City Manager Cheney write a letter to Dr. Vollrath, expressing the COuncil's concern in his continuing to work with the para. ed%cs, and upon an affirmative response from Dr, Vollrath, ~he Council would like to negot'iate a salary. The motion was seconded by CoUncilmember Woolley, The motion carried Councilman Wright called the Council's attention to approximately 1,D0~ signatures ~rom the residents of Leisurevflle and t'he residents of Village Royale on the Green Condominium requesting that the City settle the dispute with the paramedics and the firefighters and that a fair contract' be n~egotiated without delay. Councilman Wright requested that City Manager Cheney write the ,residents and thank them for their concern and interest. Councilman deLong moved to accept the petitions and place them on file, The motion was seconded by ~Vice Mayor Trauger and carried - 25 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 19_81 Vice Mayor Trauger commented that the Fire Department should also be urged to settle with the City,, Gene Kight, Paramedic Coordinator, 1~04 S, W. 14th Avenue, came before the Council, As of the end of t-his coming month, the Fire Department will no longer have a Medical Director, Mr. Kight informed the Council. He stated there was no way the paramedics can function without a Medical Director. Mr. Kight said the para- medics must have some word on it in approximately thirty days or there will be a situation on the hands of the City~ NEW BUSINESS Consider Request from Firemen's Pension Trust Fund Board City Manager Cheney said a request from the Firemans Pension Trust Fund Board, similar to the request from the Police Pension Fund Board, has come Before the Council for consideration. It requests that the appropriate City ordinances be amended and provide that retirement be after 20 years' service with 10 years' vesting regardless of age and that the employees' contri.butions be raised from 5% to 7% of their salaries to help pay for the benefits, City Manager Cheney salad the Council took action when the similar request was presented by the Police Pension Fund Board and instructed the City Attorney to prepare an Ordinance and get approval from the State Retirement Board. Mr. Cheney assumed the State Retirement Board had approved the Poilice's actuarial report. He stated the Police and the Firemans' request was about the same, and it was now up to the COuncil to decide. Vice Mayor Trauger no.ted in reading the request, the total of the present plan is $81,136. According-to the request, it will be $94,856, which would be a $13,720 increase in the adoption of the plan. Mr, Trauger thought it would amount ot $7,500, Councilman deLong said at the budget-~hearing, he though~ it would cost the City somewhere in the neighborhood of $50,000,~but he found out after checking it would only be $t'37000. Vice Mayor Trauger said the Police Department's figure was low, only $3,000, and he wondered if this figure was ali right. City Manager Cheney assured him the figures were correct. Mr. Cheney said the willingness of the employees to increase their contributions from 5% to 7% is an indication of their willingness to fund that additional liability. He suggested annual actuarial reports which will keep the liability on hand, Councilman deLong moved to leave the request of the Firemans Pension Trust Fund Board in the budget and request the City Attorney to prepare the appropriate ordinance to implement the financing of the Firemans Pension Trust Fund in regard to a 20 year retirement. - 26 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 1~.81 Vice Mayor Trauger seconded the motion, and the motion.carried 5-0. Consider Community Relations Boa'rd RecOmmendaCions 'for Donations Councilman deLong moved to accept ~he recommendation of the Community Relations Board, sec~onded by Councilman W~ight, as follows: The donation of $4,20Q,00 to the Florence Fuller Child Development Center, for the Boynton Beach Day Care Center, Allocate $2,000.00. to the South County Drug Abuse Foundation, Donate $100~00 to the Palm Beach County Special Olympics, of Boynton Beach," Vice Mayor Trauger' questl, oned t~he donation to Florence Fuller Child Development Center~ and asked whether it was true that if $4,200.00 is g%ven to t~hem, it will generate about $33,000.00. He was told that was true, City Manager Cheney said it woul'd be from the current year's budget. Motion carried 5-0. Consider Proposal for Prepaid Legal Assistance Program for City Employees City Manager Cheney explained this proposal is kind of an insurance prqgram where you are buying insurance for certain kinds of legal services, The company iS nationwide with a division in Florida, There must be at least five ~mp!oyees agreeing, to participate and the City should agree to take the monthty~'insurance premiums as an out of payroll deduction and transfer it to the company once a month. City Attorney Vance said he believed he could contact a section of the Florida Bar in the next couple of weeks, He advised more than one entity is offering ~this type of insurance in the State, In general, Mr. Vance's concern was that perhaps the impression may be made upon the employees that perhaps they are gett~ing more than they are actually getting. He referred the Council to the last page of the pamphlet presented to them. Mr. Vance pointed out that the Trial Defense Benefit does not pro- vide benefits in excess of' $250.00 for pre-t~ial fees and expen'ses, Most'~of the work on~an~.iawsuit is done ~before you get into the courtroom, and Mr. Vance showed that the pre'trial fee is limited to $250,00. $300.00 per day for each day of tr-ial appearance is allowed, which comes out to $37,50 an hour. Some young attorneys may do it, but Mr. Vance felt it could be a strain at that price. - 27 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 19_81 When you look at the Exclusions, Mr. Vance advised it would not provide defenSe benefits in dissolution' of ma~.riage, separation, annulment, child custody, or other divor.-ce related matters, or bank- ruptcy. It would not apply to a member or spouse charged as a result of the use of or holding in possess±on intoxicating liquor or drugs, If you commit a crime off the job, M=, ~ance advised there would be no coverage~~ He read further' exclusions- and said his concern was t. hat he dt.d"not want the Council to g%~e the employees the impression ~hey were getting something substantial in the way of prepaid lega! services above and beyond~ what' it purports to give those covered ~y the policy. Mr. Gavras, Regional Manager, Pre-paid Legal Services %nc., appeared before the Council, Councilman Wright ascertained it was the same company that has insured the Palm Beach County CommisSioners and Palm Beach County, and he was in favor of it and could see no problem with lt, City Manager Cheney said it was another private enterprise asking the City to support 'i't. Mr, Cheney wondered where you draw the line between ~his service and another private service. Mr, Gavras agreed with Mr'. Vanne that there were the exclusions he mentioned but he said the cost was only $7,,50 per month. Therefore, the plan is in no way designed to cure all of the Ills, Many people tell them the-first portion of their plan is worth $7.50 per month as it enables people to go to an attorney and get legal assistance on any subject matter except corporate or commercial. The plan is designed to address the needs of the average working person. Mr. Gavras advised that they pay 100% in the event a member of the plan finds he needs the services of an attorney in their automobile legal protection. It covers the major portion of having a Will drawn up. Most people are afraid Of what it might cost, and this enables people to go to an attorney to get advice and receive legal assistance at a very loW rate. City Attorney ?ance said he coui.d not argue with the proposal, It may provide thirty minutes of adv£ce ~to an employee whb may not normally go to an attorney. He repeated his concern that an employee may get the impressi'on h.e'will receive more than he will get, Mr. Gavras assured the Council and the City Manager Chat if the plan is approved, he will'be the only one who w'~ill present the plan to the employees. As Regional ~Manager for th'e plan, Mr. Gavras said he wanted to be certain the plan is presented in actual detail and explained to the employees. Vice Mayor Trauger thought other companies should be consulted in order to examine their plans a~d the scope of their coveyage~ Mr, Gavras advised the~e was only one othez plan available in the State, and ±t is a closed panel plan, Mr, ~avras~ plan is an open panel, whereby a member can go to the at'torney Of".his choice. The other plan available in Florida has. signed up associate attorney members. - 28 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 Mr. Gavras said members of. that plan cannot go to the attorney of their choice but only to the five or six attorneys who are signed up to the plan. He stated there are law firms announ.c'ing discounts on legal fees but they are not a part of the plan. City Attorney Vance informed the Council that the Florida Bar has a small section concerned with th.is area and that' he may be able to gain some information from tkis section if Council desires, Mr. Gavras told Councilman Wright a person off the street would pay $108,00 to join the plan, where a member of the group would pay $90.00 per year. Councilman deLong moved to table the question until the Council had further input from City Attorney 'Vance. Councilmember Woolley seconded the motion. The motion carried 5-0. Consider Proposal for Beach Concession City Manager Cheney referred the City Council to a proposed ~Lease Agreement~and a letter from Sam Costa~ Jr,, Attorney for Mitchell Gtmelstob and Debra Gimelstob, Mr. Cheney also mentioned the excerpts from the City Council Meeting of June 16, 1981, wherein Council indicated that the City should continue wi~h a lease for one year and one similar to the lease the City already has. Mr, Cheney did not recommend that the Council sign the proposed lease, as it would tie the City into a fixed amount for a period of time. Also, whatever was done on a new building, the holder of the building would have the building at a fixed amount of money. He felt the City should convert thee Lease Agreement tO a face dollar per year and percentage on grow~t~h~ The only time that could be done .is when the current, lease ends. When the City negotiates for the year after the 'lease ends, the City ~ould have the ability to negotiate lease terms for the future and some indication as to what may be done if a new building is built. The City should not pin itself down with a fixed lease at this time, Councilman deLong read from the minutes of June 16, 19.81: "Councilman deLOng maid at this time he would move to grant permission but it should be predicated on the same type of lease that is in force at the present time.? Motion carried 4-0." He asked City Manager Cheney how the lease differs, Mr. Cheney explained that the proposed lease fixes the term for the next ten years. The current lease says it can be negotiated. The proposed lease also fixes precisely that the ~erm fO~'the new facility wi%l be ten yea=s. Councilman deLong commented it did not comply with his motion. Sam Costa, Jr., Attorney for Mitchell Gimelstob and Debra Gimelstob, spoke to the CounCil. - 29 - MINUTES - REGULAR CITY COUNCIL MEET] Mr. Costa informed the Council that He told the Council the lease he as the Lichtenstein lease, the only for the option have been' fixed rath~ air, Mr. Costa said he could not rE funds to purchase the business and of five months and not'know what the Mr. Costa said, his client would no! increase. Other than the fixed rent followed and the same language used Councilman deLong asked City Attorn~ lease. City Attorney Yance replied and suggested Mr, Costa ~ontact Ctt) the City Manager was concerned whet~ or the type they previously had. City Manager Cheney explained that He said other beach concess.ions do the issue here is, '"you pin yoursel~ Vice Mayor Trauger asked if the Coul cont'inuing for five years when they City Manager Cheney said i-t had~bee~ but when the lease runs out in May a five year option to negotiate. C Council made a good decision at tha that was what he understood, that it he felt the Council should do that City Manager Cheney pointed out tha give Mr. Costa's clients the right Council*s approval, Councilman deLc would approve the lease if it remain Mr. Gimelstob wants to know what he Attorney Costa remarked that his cl~ figures the City i.s contemplating, Mr. Mitcheli Gfmelstob told the Coun facility and a service for the peop] out" seven days a week and then fou~ says, "This guy's making $25,00 ext~ away from him." Mr. Costa pointed is pending on negotiations within a inquiry began the latter part of Jul guidance as to what they wanted to s repeated, that the lease tracks the I other than the options. City Manager Cheney informed Attorne track the future, as there is nothin relative to how much is to be paid negotiations in the lease. Attorney what he would suggest, and Mr. Chene - 3O NG SEPTETMBER 1, iR81 the lease expires on May 1, 1982. poses is substantial~ly the same exception being that the payments r than being left ~p in ~he ~commend to his ciient to expend caupy the pr.emises Cot a period future wilt bring. Possibly, be opposed to a cost of living al~ the Lichtenstein lease was y ~ance if he had looked at the that he had looked at the lease Manager Cheney. Mr. Vance said er to go with this type of lease he leases are,not the same. ave a percentage of growth, but es down for a long time," cil agreed to a fixed fee agreed to the eu=rent lease, tn the current lease ~In the past f. 1~82, they~ have the right for ty Manager Cheney said the City time-, ¥i. ee Mayor Trauger said What was agreed to then, and gain~ the current lease does not o transfer it without the ng had ind±cated the Council ed the same, ~Mr, Cheney said is buying, ents do not know what kind of cil he wants to provide a clean e, but he canndt '~nock-himself or five years from now someone a a week, let's take $-75~00 ut that his c%ie'nt~s contract certain period of time, and his y, He asked the Council for ee in t'he lease, Mr, Cdsta ichtenstein lease to a "T" Costa that the lease does not in the'~Lichtenstein lease he City. That is open to Costa asked City Manager Cheney answered that he had already MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 suggested there should be a base plus a percentage. Councilman deLong commented that Mr. Lichtenstein bought in good faith and wants to sell in good faith. Mr. Cheney remarked that Mr. Lichtenstein bought with the understanding that he could not transfer without the Council's approval, This man does not want the same terms. Councilman deLong appreciated Mr. Gimelstob's position, as he only has seven months to go, and he does not get the additional five years like Mr. Lichtenstein. Mr, Lichtenstein got five yea~s-.with~an- option of five years. Attorney Costa said the lease prepared by him follows the old lease but gives the C~ty a $5,00 raise every year throughout the period of the whole lease. City Manager Cheney's reaction to that was, "Big deal~" Mr.. Cheney said the problem with the current lease was the amount of money the City is getting on that lease. Councilman deLon'g moved to instruct the City Manager and City Attorney, together with Sam Costa, Jr., Attorney for Mitchell GimelstOb and Debra Gimelstob, to work out the details of .the lease. The motion was seconded by Councilmemher Woolley and carried 5-0. Annual Convention of Florida League of Cities.- Designation of Voting Delegates Councilman Wright told the COuncil he had expressed to City Manager Cheney he wanted to attend~ the Annual Convention of Florida League of Cities in Orlando but he will be unable to attend on Thursday but could attend on Friday and Saturday, He said-TCou:ndilmember Woolley had indicat'ed a desire to go, so he recommended that she represent the City as its Voting Delegate. Councilman Trauger also expressed that he would like to attend and asked what it would cost, Councllmember Woolley said there was a train that goes for $32.50 round trip. Councilman Wright moved that Couneilmember Woolley be the Voting Delegate since she has been involved in a lot of other municipal meetings. The motion was seconded by Councilman deLong, as he felt having a younger member on the Council as a representative would be of benefit to the City. The motion carried 5-0. ADMINISTRATIVE Accept Recreation & Parks Board Resignation Councilman Wright moved to accept the resignation of Mrs. Jane McConnell from her position as a Member of the Recreation & Parks Board. Councilman deLong seconded the motion and the motion carried 5-0, Consider Appointment to fill above - 31 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 Councilman deLong moved that the nominations be opened. Vice Mayor Trauger moved to recommend Mr, Frank R. Stockton, 2101 S. W. 2nd Court, Boynton Beach, He is the Assistant State Chief Of th~. Economic Crime Division in the State Attorney's Office. He was born and raised in the schools of' Mlorida and graduated from Stetson Law School, Vice Mayor Trauger also informed the Council that Mr. Stockton had been Research Assistant to Judge Warren Jones, United States Court of Appeals, had been. in~'private practice, and also is on the Education Committee of the Chamber of Commerce and is interested in participating in civic affairs in the City. Councilmember Woolley seconded the motion. Councilman deLong moved that the nominations be closed, seconded by Councilman Wright. Mr. Frank R. Stockton was nominated as a Member of the Recreation & Parks Board 5-0. Street Lights - S. W. 23rd Avenue Mayor Harmening and Vice Mayor Trauger said the lights were off last night (August 31, 1981') and City Manager Cheney reported they were on. The Council asked Craig Grabeel, Energy Coordinator, about the lights and he informed them they were on. Review Royal Palm Clubhouse Use Policies City Manager Cheney recommended they leave it as it is. Council- man Wright moved to conti'nue the same policy, seconded by Council- man deLong, The motion carried 5-0. Consider Noise Problem and Solution - Royal Palm Clubhouse Mr. Bud Howell, Building Official, reported that he had talked with Schwab & Twitty Architects a~d they suggested carpeting. Mr, Howell said if~ there is still a problem, a drape should suffice. Mr. Howell also advised that the ceiling is splatter coated, and Schwab & Twitty felt the hard floor was the problem. City Manager Cheney recommended putting carpet do~n to solve the problem, He presented samples and said there was a guarantee that spills could be cleaned up. Councilmember Woolley offered to choose the color. Mr. William Sullivan, Purchasing Agent for the City, said the price would be approximately $1,800~00. Consider Proposed New Excavation & Fil~l Regulations As indicated in his memorandum, City Manager Cheney stated it has been a problem as to how to administer excavation and fill regula- tions. Departmen.t heads do not have adequate direction, as Chapter 8 (.formerly Chapter 10 of the old Code) does not really address it. - 32 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 City Manager Cheney recommended that Chapter 8 be amended. He said it had not been re¥iewed by the Planning and Zoning Board, City Attorney Vance commented that existing Chapter 10 is totally inadequate. Councilmember Woolley raised a question about swimming pools, and Mr.'Vance said it appeared to cover swimming pools. The Planning Department definitely does not want it to cover swimming pools. Mr, Vance advised in order to fully cover excavations, you have to be quite broad. For example, if you want to eliminate certain items like a swimming pool, Mr. Vance advised there should be a specific exclusion ~and keep the language as broad as possible. Councilman deLong moved to lay the question on the table and refer it badk to the City Attorney to make the necessary changes on it. Councilmember Woolley seconded the motion, and the motion carried 5-0, Pedestrian Signal - So~th Federal Highway - Funding - Crosswalk - Police Surveillance City Manager Cheney advised the CounCil that he wrote to County Commissioner Norman R, Gregory and asked the Board. of County Commissioners to authorize the expenditure of funds for the pedestrian traffic signal. He received the following answer: "% have just spoken to our County Traffic Engineer., who advises me that all prelfminary action is complete and the installation of the pedestrian traffic signal at South Federal Highway and Woolbright Road will be installed as soon as possible. The contractor will contact you in-the near future, if he has not already done so. Hopefully, the installation of the equipment will solve th~ safety problem." City Manager Cheney interpreted the letter to mean they would provide the funds but now understands that was not the intent of his letter. Councilman deLong moved, seconded by Councilmember Woolley, to table the item. The motion carried 5-0. Vice Mayor Trauger said sometime ago he recommended that a sidewalk be put in for about the 75 or 80 feet on Woolbright Road from Federal Highway back to the first entrance of the condominium along the Shell station and use the same material as wouid be used for a bike path, such as macadam. City Manager Cheney said the plan had been submitted to the County and just received approval for the project. Mr. Cheney said maybe in three or four weeks the City could find some way to construct it. - 33 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 Vice Mayor Trauger referred to the speed ca-rs come down the incline from the beach over the Imtracoastal to Federal Highway. Mr. Trauger said it appears many of them try to beat or catch the light at the Federal Highway. That plus the traffic at the K-Mart and the bank create quite a traffic problem. Vi'ce Mayor T~rauger asked that the Police Department check this ou't for awhile, as he felt the presence of a patrol car might slow the traffic down. Approve Budget Transfer Request - Unemployment Compensation Approve Budget Transfer Request - L'egal Advertising Councilman delong mowed, seconded ~by Councilmember Woolley, to approve the budget transfer requests for Unemployment Compensation and legal~'advertis±ng, No discussion~, The motion carried 5-0~ Consider Holiday Schedule Proposal - Requested'by Councilman Samuel Lamar Wright Councilman Wright requested the Council to approve the Friday after Thanksgiving as a lega!~holiday as several employees expressed to him dissatisfaction in not being able to spend both days with their families. Re suggested Columbus Day (October 12') be given up in exchange for that Friday, Councilman deLong agreed with Councilman Wright as he had also talked to several employees, Counailman Wright moved that a Resolution be adopted to give employees the Friday'after Thanksgiving as 'a holiday rather than Columbus Day. The motion was seconded by Councilman deLong. Vice Mayor Trauger said the City would be giving the employees an extra 1~2 paid day, as there are now ten pat'd days, There was discussion as to whether the employees should work all of Christmas Eve day, City Manager Cheney said 1/2 day on Christmas Eve (employees leave work at 12 Noon~ remains, MayOr .Harmening"adv±sed Vice.~Mayor Trauger it would be an even swap of Columbus Day for the Friday"after Thanksgiving. Vice Mayor Trauger said if it added up to ten days, he would agree, Motion carried 5-0, Consider Request. for Zoning Approval for Alcoholic Beverage License, Federal Grocery, Inc,, d/b/a The Pantry, 217 North Federal Highway Consider Request for Zoning Approval for Alcoholic Beverage License, Tender Care Industries, Inc,, d/b/a Tender Care, 414 N, E, 10th Ave. Consider Request for Temporary Trailer in Conjunction with Dos Lagos off North Congress Avenue and Miner Road Councilman deLong moved, seconded by C~ouncllmember Woolley, to approve the above requests, Motion carried 5-0, - 34 - MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 Consider Request for Refunds on Cemetery LOts.: Lots 14 A & B - ~lenn Lot 366 A - Dicks Lots 350 A & B - Gentile Councilman deLong moved, seconded by Councilmember Woolley, that the request for refund on the above cemetery lots be granted, in accordance with the usual policy, Motion cart±ed '5~0, Approval of Bills City Manager Cheney read the following bills for approval: Aberdeen Construction Corp, $ Supplies for Sewer 'Main repairs Pay from Water & Sewer Revenue 401-351-535-40-3F 3,476.40 2. Bethesda Memorial Hospital 1,574.30 Hospital bill for Louis Durgolo 11/12 to 11/17/80 for K-9 dog bite Pay from General Fund 001~195~5!9~40-.49 49_0.00 1,400,00 1,895.40 5,329.60 3, Chafin Musicenter Inc.. For 1 Yamaha Tuba per b±d specs Pay from General Fund 001'000-247-12-00 Pay from ~ed, Rev, Share 320-721~572-60-43 Per bid 7/14/81, Council approved 7/21/8/ 4. Kent Ewing Enterprises Sod for Rolling Green School Soccer Field Pay from General Fund 001-000-115-84-00 Pay 'from Fed. Rev. Share 320-722-572-60-3G Per bid 7/28/81, Council approved 8/4/81 Fence Factory Rolling Green Park Fencing as per bid specs Pay from Fed, Rev, Share 320~7224572~60~3H Per bid 7/.14/81, coUncil approved 7/21/81 K & K International, Inc. For Fireworks display July 4th, 1981 Pay from Publicity Fund 101-19~-519~40~-59. Longview Lime Lime for Water Treatment Pay from Water & Sewer Revenue ~01-332-533-30-65 Municipal Code Corporation 100 copies of Supplement #1 B.B~ Code of Ordinances Pay from Fed. Revenue Share 320'000-247-07-00 1,890.00 7,225.00 5,514.20 3,000,00 9,984.63 3,159.52 - 35 - MIN~ES - REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1981 Ranger Const~,,LIndustr±es~ Inc, - 1st & Final Water Treatment PlantParking Lots and Driveways Pay~from'~Utility ~General Fund 403~000-169~01~00 $ 5,134476 10. 11. Russell & Axon Professional services rendered'on var±ous projects: Pay from following accounts: 403-000-169~0t-00 403~QQ0~169~11-00 403-000~220-64~0~ 9,!89~,80 21,364.35 6,676~50 37,230,65 South Central Regional Wastewater T~ea~ment Board City portion add~tionaI funds to cover eXpenses t~ the furtherance of Step II & minor amendments, Pay from'Utility GeneralFund 403~000-169-11-00 37,230.68 25,0Q0,00 12. Publix Meals for needy and ~nfirmed for July, 1981 Pay fromFederal Re~.~Sha~e 320-641-564-40-5A Ordinance #73~15, passed 5/15/73 55.41 13. Isiah Andrews Driver'for Senior Citizens Club - 2 wks Pay from Federal Revenue Sharing 320-641-564-40-5A Ordinance #73-15 passed 5/15/'73 110,00 14, Willie Ruth McGrady Ser~zer for Senior Citizens Club - 2 wks. Pay from Federal Revenue Sharing 320-641-564~40-5A Ordinance #73-15, passed 5/15/73 96.00 City Manager Cheney added two additional bills: State of Florida - Urban Forestry Program 1,500,00 Finest Awnings, IncorpOrated Hurricane shutters at the Royal Palm Clubhouse 1,252,45 Councilman Wright questioned the ~xpenditure for a tuba from Chafin Musicenter. He was advised he approved the bid. Councilman deLong referred to the bills having been found in order and moved that they be paid, seconded by Councilmember Woolley, Motion carried 5-0. Agreement on Engineering Contract with Russell & Axon for School Board Utility Plant City Manager Cheney informed the Council they authorized the City to work with the School Board to develop a program for extending utilities to Santaluces High.~School. Mr. Cheney advised the City is attempting to work out an agreement similar to the Congress Avenue agreement, Several developers are involved to help cut - 36 - MINUTES - REGULAR CTTY COUNCIL MEETING SEPTEMBER 1, 1981 down the costs and eliminate as much as possible any up front money that might come from the City to bring it about. The School Board has offered to put up the front design money for the pipes necessary to get out the services necessary. The City has worked with Russell & Axon, and they can get the water and sewer there in time. The School Board would like to put the money up now for the design so that the ~design can proceed. None of the designs will be lost and none of the money will be wasted. With reallocation, the City will share the money with the School Board later. City Manager asked t=hat the Council authorize the C%gy to sign an agreement with Russell & Axon ~n the amount of $90,000.00 to cover designs and inspections, and eng±neering services under the condition that the School Board agrees to put up tomorrow (September 2, 1981) the $90,000.00 for the project. Mr. Cheney said Dick Kurtz was present, and he was confident the School Board will agree to do that. Councilman deLong moved, seconded by Councilmember Woolley to authorize the agreement to be executed with Russell & Axon for utilities, water and sewer. The motion carried 5-0, ADJOURNMENT Councilman deLong moved, seconded by Councilmember Woolley, to adjourn. The motion carried 5-0, and the meeting adjourned at 11:10 CITY OF BOYNTON BEACH By Mayor Vice ~or ATTEST: Counc ]±ty Clerk Recording Sec (5 Tapes] COUnC - 37 - TO: MEMORANDUM Mr. Peter L. Cheney City Manager Chlorinator Bid - Agenda Material APPENDAGE I, City Council 9/1/81 (per p. 3) DATE: August 26, 1981 The replacement of the current chlorination system at the Wilson Pool was not a part of the pool renovation project which was recentlY completed. We are currently utilizing a small 50 pound per day Fisher & Porter chlorinator which is not keeping pace with demand, and which is experiencing operational problems due to age. Attached is a bid form for a new system. It is my recommendation that the second low bid of $1,995, provided by Southland Controls Company, be accepted. The-low bid-does not meet specifications: a. It does not provide for a V-Notch orifice which prevents sticking and clogging. b. It does not provide a differential regulator. In addition, the Wallace a Tiernan model is utilized at our Water Plant facility. Personnel there have been trained in operation and maintenance of the unit and are available for immediate assistance when needed. Perry Cessna highly recommends the unit. The distributor can also provide installation and ~ervic~'and is considered local (Lantana). A transfer form is attached which provides for the purchase~along with a.requisition properly coded. Charles C. Frederick Recreation & Park Director CCF: as Attachments CC: Mr. William H. Sullivan Purchasing Agent MEMORANDUM 'APPENDAGE II, CITY COUNCIL 9/1/81 (per page 6) August 11, 1981 TO: Mr. Peter L. Cheney, City Manager FROM: Tom Clark, City Engineer Re: Variance request, Boynt¢ (deletion of sidewalk Forwarded herewith is a copy 19'81 requeSting the deletion west side of West Industrial trial subdivision. As stated in Mr. Schofield's 1~ side of the road would serve nc be a wall there next to the rea In accordance with Article XVI regulations this request has the Technical Review Board and requested variance be granted. ~n Beach Industrial Park, Nor~th west side of W. Industrial Ave.) Mr. Schofield's letter of July 23, the sidewalk requirement on the enue within the proposed indus- tter the sidewalk on the west useful purpose since there will r lot lines of residential property. Section I of the City subdivision brought to the attention of members recommend that the It is recommended that the Coun schedule a public hearing on the requested variance at the next Council meeting. Tom Clark TAC: mb Attach. cc: Carmen Annun~iato Perry Cessna Charles Frederick Craig Grabeel Kevin Hallahan Capt. Hillery Bud Howell A1 Nyquist Rick Walke