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Minutes 07-07-81MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 7, 1981 PRESENT Edward F. Harmening, Mayor Walter "Marty" Trauger, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman - Peter L. Cheney, City Manager Betty Boroni, Deputy Clerk James Vance, City Attorney Mayor ~armening welcomed everyone and called the meeting to order at 7:30 P. M. He announced the invocation would be by Rev. Fred Sylvester, Pastor, Church of God of Boynton Beach, which would be followed immediately by the Pledge of Allegiance to the Flag, led by Mr. James Vance, City Attorney. AGENDA APPROVAL Councilman deLong called attention to the fact that in the minutes of June 16, Councilmember Woolley moved to table his motion relating to on the job injury pay differential for Fire F±ghters. He stated the motion was carried unanimously, but the item was omitted from the Agenda. Councilman deLong requested it be placed on the Agenda under '!Old Business", Under "New'Business", Councilman deLong asked that the Acoustics of the New Recreation Building on N. E. 22nd Avenue be added. Councilman deLong also asked that"Presentation' of Changes in the Civil Service Rules and Regulat±ons to be given to the City Council" be added to the Agenda. City Manager Cheney made an announcement about~R~en~e which will be held Wednesday, July 8. Under Bids, City Manager Cheney requested the addition of an emergency purchase. Mr. deLong moved the adoption of the Agenda with the additions, seconded by Mrs. Woolley. Motion carried 5-0. ANNOUNCEMENTS Mayor Harmen±ng stated that City Manager Cheney had already made the announcements. City Manager Cheney announced that there would be a Proposed Use Public Hear±ng on General Revenue Sharing in City Hall tomorrow night (Wednesday, July 8). ' - 1 - MINUTES REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1~81 MINUTES Regular City Council Meetin'g 'Of Ju~ne'16, ~9181 Mr. deLong 'asked that the following changes be made: Page 25, the third paragraph from the bottom, first word, second line, the word '"increase" should be changed to "injury". On page 28, the second paragraph from the bottom, second line, the word City should be changed to Council, so it will read: "the Council is the legislative body of the City. Under "OLD BUSINESS", on page 2~, first paragraph, the first sentence should begin: "Councilman deLong said it seemed the City was given a bill of goods about the two Executive Officers " Also, under "OLD BUSINESS'!, pkge3_29~', the~laEtse~e/T~e,first para- graph, should begin as follows: "Mr. deLong pointed out that when you have two'~people in-the same classification performing separate d'~t'±'es, you have to make . " Under "ADMINISTRATIVE", page 30, the third sentence should read: "Councilman deLong asked to be extended the courtesy of leaving it on the table because the Agreement was sent over last year, about October or November, and he ~did not remember seeing 'a copy of it." The following should be added tO-the last sentence on .page 30 after "and they would get into a mess": "as two Fire Districts are now suing the County Commission." CouncilmanWr~ght~ requested that the following be added to the ~irst sentence, last paragraph, page 33, so that the last portion of the sentence would read as follows: ", , ,because Mr~ Barrett called him and asked him to advise the COuncil that he would'.not be on the Committee during the summer because he would be up North." Mr. Barrett will still be on th~. Committee but will not be available during the summer as he will be up North and Mr. Wright wished that portion of the minutes corrected and clarified. Mr. deLong moved to adopt the minutes as ~corrected, seconded by Mrs, Woolley. ~o discussion. Motion carried 5-0. - 2 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1R81 PUBLIC AUDIENCE: City Manager Cheney presented the plans for the beach. He stated there was a lot of concern about the wind erosion at the beach and problems with~the building.-He said the Council suggested the City seek a design consultant. Edward,Stone Company was hired and they prepared a plan,'which the Council had looked at and found to be appealing. City Manager~ Ch. eney ~has presented the plans and talked to about forty communi'ty groups or almost 1,000 people, City Manager Cheney said it was important to remember that we are located in Ocean Ridge and subject ~to their control, He presented a pictur~e of the access to the beach, .whiCh showed the building. The COunty is subject to Ocean Ridge's control in regard to the hammock and the inlet. He said the following were some of the problems: 1. Screening along A1A. 2. Safety to enter the beach. There is a question of backup on A1A. 3. The hill presents some safety problems, The natural vegetation along the' dune line has-almost totally dis- appeared along the whole beach due to'sand erosion. They are assuming the sand will continue to blow and 'the dune line will continually disappear. It was pointed out that'the sand continues to blow on down the hill and is very rapidly going to erode and keep the grass from.growing on the whole hill side so the secondary dune behind the parking lot is also going to disappear. Windfalls were created by cutting through the natural dune line for paths. There isa question of more parking versus more picnic area. Is more parking wanted and is the picnic area to be preserved or not? Only one or two groups suggested we do not need a picnic area, The general feeling is we do need some-picnic area. The building is old. The drainage in both rest rooms is a problem. The snack bar is a small area, The service area is kind of a wind tunnel. It is difficult to keep sanitary. If something is not done, the portion of ground 'is eating away and eventually, the building will self-destruct. Tke life guard stands are there, The walkway and sitting areas are used all day long. The plans show a better looking approach to the beach, relocateS the exits on the area opposite Ocean Ridge Town Hall more into the middle. The entrance way is changed, The gate house will be moved to the proper side of the drive. If a car wants to leave, it will not have to back out. Cars with decals will not have to stop at the gate house but can continue going up the hill. - 3 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 Mr. Cheney said the new parking along the top would be raised up so that people can sit in their cars and look out at the ocean. There will be total reveg~tation of the whole dune line so the sand can be kept where it belongs. There will be raised walkways that will go over the dune llne and not through it. There will be no steps so the handicapped, wheel chairs, etc. will have no steps whatsoever. There is some recreation area, a family picnic area, and some additional picnic areas. The plans call for a new men's rest room, a women's rest room, bath house, concession stand, and a first aid station. There is presently no first aid station, Also, there will be public sitting places throughout. Mr. Cheney said they were proposing, as shown on'the plan, about 260 parking spaces, which is'the approximate number of spaces at the beach at this moment. It was suggested~%hat the City could get approximately 30 or 40 more-spaces just to'the left on the lower level parking spaces, thus allowing 300 parking spaces. City Manager Cheney further advised the plan, as proposed in the consultant's'report,, suggested that the cost for all to be done at once, with contingenci.es as planned, would be about $1,800,000.00. It was also suggested it is difficult to do the beach ±n several phases. The City can probably~get~ most of'the beach done for $1,500,000.00, and if there are other th±ngs tO,be done, they could be done later. It has been agreed that the City build a dune line, raise the parking lot and'watkways.~ The parking-lot, walkways, concession stand, and building all int.errelate to each other and to do one without the other.would be difficult. City Manager Cheney 'stated it is assumed this would be done by an obligation bond issue that ob~iously-would be put on the ballot for -some time when it comes to a decision-. Depend'Lng on the interest rate at the time and th~ length of the bond issuer it is anticipated that it' would be somethi~g'a~°und~0 to-50¢, so maybe 40¢ if the interest rates get better~ depending on the number of years, so $1,000,00 assessed valuation. Flag Presen'ta'tion ' C ~ The Men s lub of V~llage Royale on-the-Green presented an American flag to be placed in the new club house °n N. E, 22nd Avenue.' It~ is the club's way to show their endeavors to'be a part of the fine community of Boynton Beach. Mayor Harmening thanked the Men's Club for the club. Public Audience Mayor H~armening stated if anyone in the' audience would like to speak on any item not on the agenda, they may do so at this time. He added if anyone would like to speak on an item on the agenda to please give their name to the City Clerk and they will be called upon when - 4 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 that item is the regular order of business. George Barnett, President of the Owners' League of Village Royale on the Green said hewas speaking for about 1,700 or-1,800 people who live in the condominium community, He stated a number ~f their people had been saved only through the life-givlng work of the paramedics. He said to deplete the crew .of paramedics would be a serious blow to the health and welfare of the community. He said they were looking to the Council to attempt to alleviate the difference between the parties.in order that the paramedic group can be maintained in its entirety. Village Royale has made financial contributions to %he .paramedics and will continue to do so because they realize how important the group is. Carol i ~r~twell, 713 S. W. Third Avenue, Lake Boynton Estates appeared before the Council tQ/s~y~ group of the res±dents in Lake Boynton Estates would like a status report of a project on 7th Street.~ City Manager Cheney informed M~$,~-Fretwelt that there is a piece of land with.aboUt 2'4 lot~s, ~50 foot frontage, in a sub- division recorded sometime ago, There is a provision in the City Ordinances ~that says ~f a lot was owned prior to May something, 1978 and is still owned after'that .date by. the same family and it has been recorded in the~subdivision,~that Subdivision of smaller lots can be developed. That is.~what is~happening there. The initial building built was a manUfactured house Mr. Cheney said he believed Ms. Frontweli is wondering if the t~t is still ~wned by th.e people who owned it prior to 1978. City Manager Cheney said ~s. ~etwell provided him with a document which suggests that possibly, since the document was recorded in 1980, that was the time When the property changed hands from a deceased husband who died without a Will to his wife. City Attorney Vance advised that the owner died. This is not a transfer or sale as is contemplated by the Court. M~ Vance said the woman can build on the lot. City Manager Che y explained that the deed was recorded to clean the title, because prior to that you would have to go to Probate Court to see what happened to the land. Mrs.i ~Detwell said she understood a hold had been put cn the property. City Manager Cheney said because the questicn had been raised, the City had indicated that there would be no ~ore building permits issued until they could discuss the document w~th the City Attorney. He said he did not see how the City could ccntinue to put a hold on it. Mr's.>-~twell requested a hold be put on it until the Attorney for Lake Boynton Estates could get ~ack with the residents. City Manager Cheney said he did not think the developer would be coming in for a building permit for another lot for awhile, so ~he would just as soon put a h~!d on it for another week. It~D~l~.~e~'~het%e~%~'dQ~itt~atway than get into some kind of a lawsuit. C~ty ~~3 Vance said he saw no problem with putting a hold on it for another week~ - 5 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 Allan Pollock, property owner in Lake Boynton Estates, addressed City Attorney Vance and said the document referred to by Ms. Frontwell and City Manager Cheney states the property was trans- ferred, not that she owns the property. The property was trans- ferred the 13th of MarCh, so why wasn't the document recorded before May. He said there appeared to be a conflict and he felt it was because of the Bu±lding Code and the change of the City Ordinances. He said he understood from the City Attorney the widow owned the property but according to the State of Florida and the Palm Beach County Courthouse, she didn't. He said he felt, according to their attorney, Lake Boynton Estates is right. Mr. Pollock said Lake Boynton Estates would ~like some time on it and to go to Court if necessary to find out why they have some- one coming in trying to get a grandfather clause and the County Records show d±fferent. Mayor Harmening said he thought the City Council was in sympathy with them and felt they would be most happy to help in any way, City Manager asked to be furnished with a copy of~the'opin±on of the attorney from Lake Boynton Estates. Don Wohlmer, President of the Board of Directors of Sterling Village informed the Council that there are 1,500 people in Sterling Village and they are behind the paramedics 100%. Bob Shores, 151 Miner Road asked about the police protection,· He stated they run up and down the streets at the Northend of Minor>/ Road but nothing seems to happen, His car was stolen 1½ weeks ago and was left on the wrong side of the street for about seven hours. No policemen came by. There were no tickets. Two years ago, his motorcycle was stolen. People knew who stole it but nothing was done. Mayor Harmening advised a unit could be stationed around there for awhile but as soon as~they know the police are not in the area, tkey could do the same thing. City Manager Cheney made an appointment for Mr. Shores to go to his office and he would see about the matter. Dee Zibelli, 440 Ocean Parkway, Boynton Beach, Chairman of the NBCIA, read a letter to the Council, copy of which is attached hereto, In response to the letter, City Manager Cheney said the money had just recently been approved, and the City is moving ahead. He said he will give the Council a report, Jack Lesser, Chairman of car~i~l~Pulmonary Resuscitation in Leisureville. Leisureville has over 5,000 people. He stated that he instructs his students a heart victim has only about 4 to 6 minutes to keep them alive, and if the paramedics do not show up, there will be a lot of deaths in Leisurev~lle. CPR can only oper- ate up to a certain point, then it is up to the paramed£cs to take over to keep the people alive. - 6 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 Ben Uleck, Vice President of the Community Association in Boynton Leisurev±lle said he represented 1,750 residents and they back the paramedics 100%. He was very adamant in stating that his group believed if the City was going to spend one and a half million for a golf course, three million dollars for a recreation facility, "why can't we have these paramedics for us?" Gail Shores, 151 Miner Road asked to speak about the police problem in North Boynton. She said the police go down the street faster than most of the people that live there. Mrs. Shores informed the Council there was a car parked out there for seven hours in the middle of the night and a ticket was never issued. When the police officer arrived, he told her to get her car off the street as it was a busy street. Last year two children were hit by cars on the street. Her motorcycle was stolen. The police know who did it but will not do anything about it. She called at 7:13 A. M, and it took the officer 37 minutes to get to her house. She said there was no use for the police if they cannot be there on time, What if someone was being raped or murdered? She said the excuse was the police did not have a cruiser at the time, Mrs. Shores said there were no street lights on Miner Road and residents were told they must pay for the poles if they want street lights put in. She further stated that there is only one light on Miner Road from Seacrest to Ocean Parkway, but the rest of the street is completely black. As they also pay taxes, Mrs. Shores feels the City should see that they get some help on Miner Road. Mrs. Shores was advised that the City pays for street lights. Councilman delong moved tht City Manager Cheney look into the matter. The motion was seconded by Councilman Wright. The motion carried unanimously. City Manager Cheney advised the Council that he had already told Mrs. Shores' husband to meet with him regarding the police. Councilman deLong informed the Council that many residents are up- set about the safety of their lives and property, which they feel depends in a large measure upon the services they receive from an efficient Fire Department. They have become doubtful about the proficiency of the Fire Department, as they now understand there are other unresolved issues besides the plight of the paramedics. They have also been told an attempt has been made to drive a wedge between the fire fighters and the paramedics. If that occurs, it will be a disaster for the City. Councilman deLong stated that the principal bone of contention between the present administration of the C~ty and the Boynton Beach Professional Fire Fighters Local 1891 is the following arbi- tration clause that was included in the employment agreements: "The parties agree tb accept the Arbitrator's award as final and binding upon them." Councilman deLong continued by informing the Council the first agreement was executed in 1975 with subsequent agreements in 19.76 through 1978, with the last agreement being signed October 4, 1979. - 7 - 'MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 Councilman deLong wanted to know why, after six years, and seven City administrations, the binding arbitration clause has now become unacceptable. He stated the City has never, to his knowledge, suffered any adverse effects due to the clause. Even the Circuit Court had upheld the validity of the clause, which the City has filed an appeal on. Councilman deLong said the longer the present deadlock continues, the more costly it becomes to the tax payer. In excess of $20,000.00 has already been spent for extra legal fees to oppose both the Police and Fire Departments organiza- tional activities, which begins to look like an exercise of futility. Councilman deLong urged the Mayor and City Council to make an all out effort to reconcile the unresolved issues existing in the Fire Department. Lack of funds can be no excuse, and there is an anticipated surplus of at. least $180t000.00 for this fiscal year. He closed by saying, "No City department can become an island unto itself, separated from the main stream of local government, and still be expected to function efficiently." Councilman Wright had a letter that said the Firefighters Union President, Mr. Michael Keefe, had scheduled a meeting with the City Manager and others on the negotiation committee for Friday, July 10g at 9:30 A. M. He was not sure of the exact time, Councilman Wright said he was embarrassed that the City had to have firefighters and their families picketing in front of City Hall, and he was sure it is a necessity that the City have a good paramedic program in the City of Boynton Beach. Councilman Wright said he felt the City needed to sit down to a table and come to a compromise with some of the articles the City Manager says are stumbling blocks. He advised that some fire fighters have not received an increase in 20 months. Councilman Wright further said no one was winning in the situation except for the attorneys and he thought the City was putting too much money in their pockets. He said, hopefully, before the next fiscal year in October, 1~81, the City Manager and the Firefighters Union will definitely come to some compromise. City Manager Cheney advised Councilman Wright that the firefighters have received their annual 5% increase.as all employees have. What the firefighters have not received is an overall compensation adjust- ment related to cost of living etc. CitY Manager Cheney reminded people that there is a Union and commented to Councilman deLong that just because things may have been' in a contract for seven years does not mean they should De in there forever. Councilman deLong said that was something Council should decide, City Manager Cheney said he does not set policy. ThroughoUt the course of the negotiations, City Manager Cheney stated he had been in touch with the Councilmen along the way and the COuncil had received minutes of all of the negotiations, and the'Council had been able and available to tell him anytime they wanted to tell him to change the procedure. City Manager Cheney pointed out that the entire position of the City had been discussed with the City Council from the beginning. It is the choice of the Council if they desire to change, but until that time, City Manager Cheney said, "We are negotiating." - 8 - ~MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 City Manager Cheney continued by saying binding arbitration is not the only issue. Binding arbitration is the hammer over the City's head that can, at any time, cause a decision on the Union contract to be made by an independant Party that has no interest in the City of BoyntOn Beach. City Manager Cheney said he was as disturbed as anyone that the problem had not been solved. He said the City needed to, and ~a~ continuing to, eliminate the differences. Mr. Cheney said the difference was not just binding arbitration, it is who runs a department. At the moment there is the question of who adopts rules and regulations for the department. Is it the Fire Chief, as in every other department, or is it the employees that have the final word as to the rules and regulations? City Manager Cheney said he thought it should be the Fire Chief, The only way the City Council ends up setting policy is if the Fire Chief and the City Manager are responsible to the policy setting goal of the City Council. City Manager said the City knows the paramedics are underpaid, That was why they were offered R-1/2%. Mr, Cheney said the contract was a good contract for the firefighters, but there should be a balance. It's not just a question of how much more that the Union should get but a question of protecting the interest of the City along the way, City Manager Cheney said the City hopes the Union will make some changes and accept the suggestions the City thinks is important. Tim Mormon, 2141 N, Eo Second Court asked to correct the statement City Manager Cheney made when he said the firefi~hters~were'offered 9-1/2%, Mr. Mormon said at no time was 9-1/2% offered to the fire- fighters of the City. of Boynton Beach, City Manager Cheney told Mr. Mormon he was ~ncorrect. It was the last night they negotiated, and their Attorney, the City Attorney, and the Personnel Manager were there. Councilman Wright expressed his thought that if a decision could not be reached during the meeting on Friday, July 10, the City Council may have to intercede. He said after reading the minutes of the last meeting, it seemed to ~him that some of the firefighters are being penalized for their right to actually want to become unionized. Councilman Wright said he felt if a person wants to become a member of a Union, he has that right, and should not be penalized by the City administration. He said he was sick of "this back and forth." Mayor Harmening asked how Councilman Wright arrived at the conclusion the firefighters were being penalized and in what way did he think they were being penalized. Councilman Wright said from what he read in his copy of the minutes, it seemed distasteful in terms of where the City was going with this thing, and not the negotiating process, but it seems they are being penalized for wanting to be unionized. Mr. Wright said the City should do some bending too, and he was sure the Union would be willing to give up some of the articles. He said binding arbitra- tion was a big issue and had never been supported by the State Legislature but the City could not say nothing could not be resolved locally. - 9 - · MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 Mayor Harmening said a lot of pros and cons had been heard but it seemed to him the firefighters, including the paramedics, had negotiated for a long time and felt they were at an impasse. Due to the fact that the City has a considerable number of elderly people dependent on the paramedic service, which is a good one and one of the first ones instituted in the area, the firemen have started to take advantage of this as far as putting pressure on the City Council. Mayor Harmening continued by telling of when he went to a Mayors' Convention in Houston, three Mayors told him their cities were totally bankrupt, which they attributed to the Union. He said the primary issue that seemed to account for it was binding arbitration. Mayor Harmening said the elected officers of the municipality lost all control of the wage structure in the City to the Union and as some probably read in the newspapers, this is the eventual result. Mayor Harme~ing said that was why he felt some of the questions the fire people are trying to resolve in their favor are not in the long term best interest of the City, Although Mayor Harmening sympathized with the people who feel the City needs the paramedic service, he remarked, "They are very quickly replaceable.'" Councilman deLong said he believed theyare, "if you pay the price." Vice Mayor Trauger said from listening to the pros and cons~ the great concern expressed bY many communities of the City, and through the publicity of the press, he believed it was now up to the City Council to instruct City Manager Cheney to proceed with the negotiation under the ~Union negotiating rules or the State rules that bind the City, to look at it as the last chance to clear it up, and to get the negotiat~ion and not let it break down with any great period of gaps in-between. Vice Mayor Traug~e~ said the problem of the firef±ghters and paramedics must be resolved but all departments of the City should be kept in balance with one another. He called attention to the steel and auto industries with the unions and the electrical industry and the school teachers unions. Vice Mayor Traug~r~' said the Council should instruct City Manager Cheney to continue the negotiations with all possible haste to resolve the problem and keep the City Council informed as he has. All. should remember, "We must bargain in good faith." Vice Mayor Trau~er moved to terminate the discussions, and instruct City Manager Cheney to proceed on July 10 with due haste to continue the operations without great gaps of time. Councilman deLong seconded the motion. Motion carried unanimously. John Lowrey, 1217 South Seacrest Boulevard, a member of the Fire Department for 8 years, came before the Council, Mr. Lowrey stated that under the City's current pension plan and retirement system, he only has 27 more years before reaching age 55, so he thinks at age 55, having put 35 years in the City, he will have put in a lot more time than most of the people sitting on the City Council. He said he didn't have too much use for people, especially Mayor Harmening, for making statements about someone putting that much time in the City. He stated the Union sits down with them. The City Manager spends $20,000.00 to fight them. He could see why the firefighters have to picket, and there were a lot of things he would rather do. - 10 - -MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 Mr, Lowrey further stated that he believed Mayor Harmen±ng originally signed an article in a past~contract years ago which gave the Fire- ~fighters binding arbitration. Mayor Harmening sa±d he was not on the City Council in 1977. Councilman deLong said to set the record straight, the last agreement was signed on.October 12, 1979 and was signed by Mayor Harmening; Peter Cheney, City Manager; City Attorney James Vance; Vice Mayor Betty Riscoe, and Councilman Norman Strnad. BIDS Emergency City Manager Cheney asked the Counc±l to recall that last year the City had old tractor problems and bought a new tractor, which is still under warranty. The.old tractor Mas been kept going. Both tractors go with bus~ hog cutters in the rear. The bush hog on the new tractor i's down. The mechanical box, which runs the whole thing, has gone "kaput"j Itrmust be obtained from the factory and is factory enclosed,, City Manager Cheney asked authorization to purchase a second bush hog for $1,820.00. He said there was one available in Tampa which could be delivered in two days. Vice Mayor. Trauger moved to purchase the bush hog, seconded by Council- man deLong, for emergency purposes. Motion carried 5-0. The bush hog is being purchased from John Deere. DEVELOPMENT PLANS Plats Consider 'Request for Extension of Six Months - Mariners Way Submitted by Mr. Ronatd Marchessault, President, Seaboard Summit, New Owner ............................ Councilman deLong asked that in the future .some recommendations be given to the Council from the staff. Mr. Cheney explained that apparently, the property ~just changed hands and he recommended that the Council grant the request. City. Manager Cheney said the project had been given an extension earlier. Councilman deLong moved that the request be granted, seconded by Councilman Wright, to grant a six months' extension on the plat. Vice Mayor Trauger..· asked City Attorney Vance if the Council had the right to request Ronald Marchessault to disclose who he is Trustee fo$ as the warranty deed shows him as Trustee. City Attorney said the Council did not have the right of disclosure and he did not know who Ronald Marchessault was holding the property for, as Trustee, but Mr. Marchessault may have no problem in telling the Council who he is holding the property for. Vice Mayor Trauger said he had read a lot about Trustees and did not want the City/toge~.ihto~anembarrassing situation. City Attorney Vance said he understood Vice Mayor Trauger~'s comments, however, the only statute he was aware of related to the acquisition of a right-of-way. Mayor Harmening said a new bill was introduced to the Legislature. - 11 - July 7, 1981 ~M!NUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA The motion was changed to grant the request subject to asking Mr. Marchessault to disclose the other members of the Trust. Motion carried 5-0. LEGAL Ordinances - 2nd Reading -PUBLIC HEARING Proposed Ordinance No. 81-21 Re: Tree Ordinance City Attorney Vance read proposed Ordinance No. 81-21 by title only on second reading: "AN ORDINANCE OF THE CITY OF BOY/Vi~N BEACH, FLORIDA, AMENDING THE ~DDIFIED ORDINANCES ~F THE CITY TO PROVIDE FOR CHAPTER 7-A ENVIRON- MENT ARTICLE 1, TREE PRESERVATION; BY PROVIDING FOR A UNIFORM PROCEDURE FOR DEALING WITH THE PRESERVATION OF TREES WITHIN SAID CITY; REPEALING ALL ORDINANCES OR PARTS .OF ORDI~NCES IN CONFLICT HEREWITH; PROVIDING FOR AUTHORITY TO CODIFY; PBOVIDING FOR A SAVINGS~CLAUSE; EFFECTIVE DATE AND FOR OTHER PURPOSES." Mayor Harmening asked if anyone in the audience wanted to speak in favor of this proposed ordinance and received no response. He asked if anyone in the audience wanted to speak in opposition to this proposed ordinance and received no response. Mr. deLong moved the adoption of Ordinance No. 81-21 on second and final reading, seconded by Councilmember Woolley. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilmember Woolley - Aye Mayor Harmening - No Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 4-1. Proposed Ordinance No. 81-22 Re': Landscape Ordinance Mr, Vance read proposed Ordinance No. 81-22 on second and final reading by title only: "AN ORDINkNCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CODIFT~ ORDINANCES OF SAID CITY BY AMEND/NG CHAPTER 7-A BY CREATING ARTICLE II, THE BOYNTON BEACH LANDSCAPE CODE; PROVIDING FOR A SHORT TITLE~ DECLARING P~E AND 1/qTEN~; PROVIDI%~G FOR CONSTRUCTION OF LANGUAGE AND DEFINITIONS; PROVIDING FOR LANDSCAPING REQUIREMENTS FOR CERTAIN YARD AREAS AND OFFSTREET PARKING AND OTHER VEHICULAR USE AREAS; PROVIDING REQUIRED LANDSCAPING AD3A~ TO PUBLIC RIGHTS-OF- ~AY; PROVIDING FOR PERIMETER L~qDSCAPING PRrATING TO AB%rITING PROPERTIES; PROVIDING FOR REQUIRED ~ING FOR ACCESSWAYS; PROVIDING FOR SIGHT' DISTANCE FOR LANDSCAPING ADJACENT TO PUBLIC RIGHTS-OF-WAY ~ND POINTS OF ACCESS; PROVIDING FOR LANDSCAPE PLAN APPROVAL; PROV/JDING FOR'PERFORMANCE SURETY; PROVIDING FOR THE APPLICABILITY: PROVIDING FOR ADM/NISTRATION AND INTERPRETATION; - 12 - MINUTES - REGULAR CITY COUNCIL MEETING BQyNTQN BEACH-, FLORIDA July 7, 1981 PROVIDING FOR ENFORCEMENT, VIOLATIONS, PENALTIES, AND OTHER LEGAL ADMINISTRATIVE REMEDIES; PROVIDING FOR APPEALS TO THE BOARD OF ADJUSTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICA- TION; PROVIDING FOR AN EFFECT~ DATE AND FOR OTHER PURPOSES." Mayor Harmening asked if anyone in the audience wanted to speak in favor of this proposed ordinance and received no response. He asked if anyone in the audience wanted to speak in opposition to this proposed ordinance and received no response. Vice Mayor Trauger moved for adoption of Ordinance No. 81-22 on second and final reading. Councilman deLong seconded the motion. Vice Mayor Trauger stated that in reading the minutes of the Community Appearance Board last week, there seemed to be considerable concern that the City Council was "dragging its feet" in the adoption of this ordinance. Vice Mayor Trauger said as he understood it, they were trying to get it through with the corrections readable so it would be workable through the Community Appearance Board. Mayor Harmening said he thought it went back about seven years. Vice Mayor Trauger said he felt it was going pretty expeditiously through the City Council after it got the legalities straightened out. Mrs. Boroni took a roll call on the motion as follows: Vice Mayor Trauger. Aye Councilman deLong - Aye Councilman Wright - Aye Counc±lmember Woolley - Aye Mayor Harmening - Aye Motion carried 5-0. RESOLUTIONS Proposed Resolution 81,GG - Re: Support for Reauthor±zation of Economic Opportunity Act of 1964 As Amended - Requested by Council- man Joe deLong Mr. Vance read proposed Resolution 81-GG by title only: "A RESOLUTION CF THE CITY COUNCIL OF THE CITY OF BOYAWlDN BEACH, FLORIDA, EXPRESS//~G 'SUPPORT 'FOR THE REAU~HORIZATION OF THE ECONO, mIC OPPORTUNITY ACT OF.~19.64 AS AMENDED -- THE ACT THAT HAS BEEN REFERRED TO AS THE CENTERPIECE OF THE SOCIAL LEGISLATION WHICH COMPRISED OUR COUNTRY's ~ TO POOR PEOPLE." Councilman deLong moved to adopt Proposed Resolution 81-GG, seconded by Councilman Wright. Mayor Harmening commented that this Resolution seems to run contrary to the trend established by the electorate in the election of various MINUTES - P~GULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 members of Congress in the past election a to continue another form of "handout" and so he was opposed to it. Councilman deLon people in the City the Council represents Councilman Wright said that "EA" was an o~u Kennedy's administration initially and ena succeeded President Kennedy. The thrust a in the country where there were a lot of~a of wealth but where there existed much p statement made in 1964 by President JohnsO later and poverty still exists in this cou said this legislation is not asking Congre social program as they have done in the pa may go to the States. Councilman Wright s still bsi'des~gnated to aid the poor. Mayor Harmening commented that he thinks p, long as we have people. Mrs. Boroni took a roll call on the motion Councilman deLong - A~ Councilman Wright - A~ Councilmember Woolley - A Mayor Harmening - N Vice Mayor Trauger - A Motion carried 4-1. Proposed Resolution No. 81- Re: Suppo Vehicle Inspection Program - Requested :by ~ Mayor Harmening said he thought it was a mc it appeared to him that the best thing to from the agenda. Vice Mayor Trauger said County action, he moved to withdraw the pr( agenda. The motion was seconded by Counci~ cussion. The motion carried 5-0. Proposed Resolution No. 81-HH Re: Utility Department Commen, Mrs. Vance read proposed Resolution 81-HH b5 '~RESOLUTION OF THECITYCOUNCILOFTHE( Councilman deLong moved the adoption of Re: by Councilmember Woolley. No discussion. on the motion as follows: - 14 - nd is just another attempt if anything, increase it, ~ said it was a request of that feel they are affected. tburst of President ~ted when President Johnson', t that time was basically ffluent people with a lot Dverty. He referred to a ~ and said this is 16 years ~try. Councilman Wright ss to continue to fund a ~t but some of the funding ~id some of the funding should )verty will be with us as as follows: ~e 'e 'e ~e Continuation of Motor ~ice Mayor Walter M. Trauger )ot point at this time and ~o would be to strike it .n view of the Palm Beach )posed resolution from the :member Woolley. No dis- ling Personnel in the title only: '.ITY OF B~N BEACH, Y~ILIT~ DEP~" olution No, 81-HH, seconded Mrs. Boron± took a roll call 'MI'NUTE~ - REGULAR CITY COUNCIL ~.bZEETI'NG BOYNTQN BEAC~ ~LORIDA July 7, 1981 Councilman Wright Councilmember Woolley Mayor Harmening Vice Mayor Traugef Councilman deLong Motion carried 5-0. - Aye - Aye - Aye - Aye - Aye Other Appoint Bond counsel 'for 'Go~lf 'Co'ur's~e ~i'nancing Attorney Vance said he recOmmended the firm of Brown, Wood, I~ey, Mitchell & Petty of New York as bond counsel, Councilman deLong moved to approve the recommendation 'Qf City Attorney Vance. Vice Mayor Trauger seconded the motion. Councilmember Woolley.asked Mr. Vance how many other quotes he received. He replied, he had a total of five - two ±n State and three out of State. Motion carried 5-0. OLD BUSINESS Consider 30 A'cre 'P'ar~ project 1. Accept RecommendatiOn 'frQm-~Parks· a~d~'Recreation 'Board Review Consultant'Report 'Presented 'atJointMee'ting on Jun'e 2'2, 1981 3. Authorize Initiation 'of Consultant 'Selection City Manager Cheney said the'Parks and Recreation Board had passed a motion recommending that the Council take steps to proceed with the park development, which'would be the construction of some tennis courts, some related parking necessary to fill the access roads, and a building which would become the tennis center. City Manager Cheney suggested that the next step would be to authorize the seeking of a design consultant who has some ability and background in park work to proceed with the design of the build±ng and related facilities and also to take a look at the design of the multi,purpose center because, in the long run, they had talked about a plan which would incorporate the multi-purpose center ±nto.the tennis center building and hope to save some administrative and restroom facilities. City Manager Cheney stated he thought it would be helpful to have some- body who had been involved in multi-purpose buildings and recreation buildings elsewhere to p'articipate.~ He asked whether the Council wanted to proceed now.. He reminded them if they did not proceed with some kind of building by Octobem of 1982, the City will lose 20 acres - 15 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 of land. Councilman deLong moved to accept the recommendation from the Parks and Recreation Board and'to initiate steps to h±re a Design Consultant for the thirty acre park. ~V~ce 'Mayor Trauger seconded the motion. No discussion. Motion-carried 5-0. Pay Differential- 'Steve Campbell Councilman deLong said there was suppose~ to be a motion on the table with relation to Steve Campbell, who was injured in the line of duty, Mr deLong moved to take it froln the~tabte, City Manager Cheney said he thought that item was enc "Administrative - City Manager Report on Compensation Policy". Councilman deLong he thought this item would supersede any about. Councilman deLong said ±'t was ne, the agenda. Both City Manager Cheney an~ Councilman deLong it was on the agenda, Councilman deLong said that was not the put his motion on the table, and his mot cally granting the'pay differential. He get back to parlimentary procedure under Mayor Harmening said the Council was wit] Law, Councilman deLong said it was impr¢ tabled since it had not ~been withdrawn. motion to table takes precedence over a priority and has more standing than his told Mayor Harmening the Chair did not e~ MHyor Harmening replied, "That's right." Mayor Harmening he was wrong, that accor¢ Order, there is no motion before the body repeated by the Chair. Mayor Harmening said he thought Counci~ that the motion to table was out of orde] by telling Mayor Harmening his statement motion was not repeated. Mayor Harmenin is always in order and takes precedence. Mayor Harmening did not state what was ts it did not take precedence. Dmpassed under item K, Changes in WOrkmen's told City Manager Cheney item .he may be talking ~lected' to be included on ~ Mayo~ Harmening advised ~otion, The motion ~s to ion pertained to specifi- said the Council had to Rc~ert'~Rules ~f~Order. ~in the Purview of Roberts' ~per for his motion to be Mayor Harmening stated a ~revious motion and has ~otiono Councilman deLong 'en repeat the motion. Councilman deLong advised ~ng to Robert's Rules'of [nless it is stated or deLong~s contention was Councilman reiterated was correct because the said a motion to table Councilman delong said king place so, therefore, City Attorney Vance advised that a motio~ to table does take precedence. Councilman deLong said~ he ~ld agree to tha~ but the motion was~ to have been ~epeated ~y the ~ha±r. He said he voted on a motion to table., th~nklng his motio~was still °n the floor. Councilmember Woolley agreed it went ver~fsst, Councilman deLong said if they read Robert?sRules of O~der they will find out that there is no motion before the body unless it is repeated by the Chair. - 16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 Since there was no Robert~ Rules of Order available at the meeting, Mayor Harmening said the matter could not be settled at this time. Councilman deLong requested that the item be removed from the table. Councilmember Woolley seconded the motion and referred Councilman Wright to page 28 of the previous minutes of June 16, as he was not present at that meeting. He was told to look at page 20 through the top of page 29. Councilman Wright asked if the item could come up under "Administrative K". CouncilmandeLong moved that they grant the pay differential but added to Mayor Harmening that the secondary motion and first approved motions should take place over a motion that is On the floor but it has to be repeated from the Chair, Councilman deLong also told Councilman Wright if the Council was going to adopt Rob~r~,s~RUtes o~f~d~they should not permit the side stepping of any motions that have been made. The motion to remove the item from the table... The.~otion~carried 4-1. Councilman deLong moved that Steve Campbell, the fireman who was injured on duty, be granted the pay differential as provided under the Amendment to the Civil Services Rules and Regulations, that there will be no forfeiture of sick or vacation days in the future, and that the City would make up the difference between the regular pay and the compensation. Councilman Wright seconded the motion. City Attorney Vance inquired if the pay differential was established by a Resolution. Councilman deLong said he believed it was. Mayor Harmening said it was done by Resolution and he had stated in the last meeting, "you have to change 'like by like." You cannot change a resolution by a motion. Mayor Harmening explained that they were talking about a new procedure for handling Workmen's Compensation cases. The past pro- cedure had been to pay Workmen's Compensation and allow the individual to take sick time or vacation but be paid his regular Salary out of his sick time and vacation time, That policy was amended by Resolution 80-NN, so it was the City policy to pay individuals at the same rate of pay when theY were injured while on the job 'and come under the provisions ~of the State W~rkmen's Compensation Law at the same pay that they were presently receiving which, in most every case, is in excess of the Workmen's Compensation Act for three months, and then a review. That was done by Resolution, and you cannot change a Resolution by a motion. Councilman deLong said they were talking about an Amendment to the Rules and Regulations. Mayor Harmening said the Rules and Regu- lations were set up by Resolutions. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 Councilman deLong said the or±ginal Resolution encompassed every employee in the City. When the second Resolution came in, it was never called to the Council"s attention that it excluded the f±re- men. Mayor Harmening informed Councilman deLong ±t was incorporated in the body of.the Resolution and referred him to Section 3. City Manager Cheney advised CounCilman deLong that it was dis- cussed at the last meet±ng, and there was a long memo attached, It was not brought in as an'amendment to.the Civil Service Rules and Regulations. It was put in as the pay plan for 1980-81, which is an item that ~s done every year. He explained that the City was adding additional pay to people. After a lot of discussion, Councilman deLong withdrew his previous motion and made another motion to include the firemen and see that they receive the pay differential as compensation to their regular salary'. Councilman Wright seconded the motion. Mayor Harmening repeated the motion by stating a motion had been made and seconded to direct the City Attorney to prepare the appropriate Resolution to include the fireflghters in the Workmen's Compensation benefits. Councilman Wright asked City Manager Cheney what the reason was for changing it before. City Manager Cheney replied to increase the benefits for City employees the C±ty does not have to negotiate for. The change is in the Workmen's Compensation and came last year when Councilman deLong asked that it be included in last year's budget and also during the process of a number of meetings with the Police Department. City Manager Cheney further said it was his understanding you cannot improve the present conditions of employment, especially when it has to do with pay, for members of a bargaining unit, and that is why he made it clear it would not apply to the Fire Department. He said Steve was getting the same amount of pay but he is getting it because he is charging it to sick leave or vacation. Councilman deLong moved to strike the item from the agenda. City Attorney Vance said there was a pending motion that should be withdrawn. There was some discussion. Vice Mayor Trauger seconded the motion to strike from the agenda the item added by Councilman deLong, Motion carried 5-0. Councilman deLong moved that the City Attorney draft an Ordinance to comply with the original Amendmen.t, and to include every employee in the City who are injured in the line of duty under the plan whereby they will receive the pay differential between the compensa- tion and the regular pay from the City without being penalized for any vacation or sick days. Councilman Wright-seconded the motion. City Attorney said there may be a violation relating to unfair bargaining practice. Councilman deLong said he thought it would be an unfair labor practice if they were depriving someone from something. The Council is the governing body of the City and if they - 18 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNT,ON BEACH, FLORIDA July 7, 1981 want the Resolution, they can vote for it. City ~ttorney Vance' said he was not commenting on the merits or demerits of it but merely on the statutes and regulations under which the City has to operate under Public Employee's LabOr Regulations Practice in the State of Florida and to make a decision~on ~n item that is subject to negotiation arbitrarily, without enterinU into the'negotiations on this point, has' been held to be an unfair labor practice. After discussion, Councilman Wright said he also felt like Council- man deLong and was willing tc take a chance. ~torhey~Vanc~ advised that th of statutes,~ and~a lot of reg Employees Labor Relations Boa employees. Once a group of e Union, then you have a situat apply to both the Union~ and t things ~n a certain Stated wa citY,'A~t6~ey~Van~e~al~.ad~ change for any employee who d it does not apply to people w have to do things in a certai Compensation, you can't arbit SO. City Manager Cheney remarked just automatiCally give thing perceived to be going behind why it's considered unfair la City may give them something want something better. After more discussion, Mayor along with the C~ty Attorney man deLong said it was discri Fire Department. Mr. deLong~ Firefighters elected to be d~ the Union and he thought that are injured in the line of du funds should come from the Ge There was a lot of discussion at it from'a ~humanistic stand Campbell ~ecei~e what heisenti~ and give him back pay. Councilma Resolution drafted encompassi Wright said he would support the Resolution at the ne~t Co find if it would be an unfair Vice Mayor Trauger and Mayor a Resolution. The motion:~ar ~ State of Florida has passed a series ulations have be~n issued by the Public rd~to control bargaining by public mPloyees of any public entity join a ~on where thOse rules and regulations he employer, and you have to do y, and 'it gets somewhat complicated. sed~th~aC~ty-is~.~titl~d'to~ake the~ oes not belong to the Union because ho do not belong to the Union. You n way. ~f the matter is Workmen's rarily say you are going to do so and that the reason you are not allowed to s to the Union is because it can be a negotiating committee, That is bor practice. Mr. Cheney said the that they do not want because they H.armening said he believed in going and City Manager at this time. Council- minatory to omit the members of the said the statement was made that the scr~minated against because they joined was wrong, H'e reiterated ~hat if you ty, you should not be penalized, The neral Fund, Counc£1member Woolley said looking ~o~nt, she would like to have Steve ~l~_to, not be penalizedforsickandvacation leave, n deLong repeated hewould like a sg all City employees. Councilman the Resolution until the Council gets uncil Meeting and they can definitely labor practice. Harmening objected to the motion for tied 3-2. - 19 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 Mayor Harmening instructed Cit proposed Resolution for the ne Receive and Kc't on Recommendat Councilman deLong moved, secom approve the recommendation to Florida National Bank,~' include, "for a two year peric carried, 5-0, City Manager Cheney noted the President, and Mr. Bob White, of Florida National Bank~of P~ NEW BUSINESS: Utility Service -'Santatuces City Manager Cheney said he fc tory. He stated the Utilities provision of services to Sante if the Council was asked to pi Manager Cheney replied that wa Service Commission eliminated company but the City never to, City Manager Cheney said now City do it. The School Board to provide the services in acc In addition to recommending t~ City to enter into an agreemer design of the utility lines, ~ School Board would put up the and to do the design, as is df Councilman deLong moved to acc Manager Cheney, and~gra~t the also, authorize Russell & Woolley seconded the motion~ ~ school's name could be changed Motion carried 5-0. Mangrove Control - Requested Councilmember Woolley said it Co~T~ission to have extensive ~ people could cut or trim back was important for the waterwa5 Attorney Vance said the Ordi~ municipalities in Palm Beach that conflicted with the Attorney Vance to draft the Kt meeting. ions 'COncerning Bank Consolidation ~ed by Councilmember Woolley, to ~onsolidate the bank accounts with ~nager Cheney asked that the motion ~". The motion was changed and presence of Douglas G. Johansen, ~ member of the Board of Trustees, lm Beach County, in the audience. Eigh 'School It ~the memorandum'was self-explana- Director and he supported the [uces School. Mayor Harmening asked ovide utilities before, City s three years ago and the Public the area from that private utility k a positive action. he School Board is asking that the w£tl pay all of the required costs ordance with.the Utility Contract, e City do thms, they are asking the t with Russell & Axon to begin the ith the underst-anding that the 15% estimated cost for the lines, ne on all these projects. ept the recommendation of City authority they have requested, and to design the 1.ines. CounCilmember ice~Mayo~ T~auger?wondered if the to Boynton Beach High School. councilwoman Patricia L. Woolley had been adopted by the County angrove control. The State said mangroves. She said she thought it s, to protect the mangroves~ City nce would apply to the various unless they had an Ordinance adopted by Palm Beach County - 20 - MINUTES - REGULAR CITY'COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 unless they had an Ordi~nance that conflicted with the Ordinance adopted by the County. He noted it would apply to the City of Boynton Beach. Mrs~'Woolley said she did not want any action.. taken but just wanted to make the City aware of the Ordinance. Acoustics in 'the new Royal'Palm Club~hoUse Councilman deLong said 'he had received a'lot of complaints relative to the acoustics in the new recreation building at N, E, 22nd Avenue. He said it was just a little bit too noisy, It was decided to have City Manager Cheney check on it. City Manager Cheney said he was aware of the problem. Changes - CiVil Service Rules and Regulations Councilman deLong recommended that' ~hen the City Code is revised, that wherever~changes are made, the paragraph be typed in its entirety and along side of it, the change. The change should be underscored. City Manager Cheney informed the Council that the old paragraphs have been typed with the new paragraph below it. One paragraph is in parenthesfs and'one ±s not in parenthesis, It has been done on a computer throuqh a word processor and they cannot underscore on the word processor. ADMINISTRATIVE Mutual Assistance Agreement with ToWn of Ocean Ridge - Requested by Councilman Joe deLong TABLED Councilman deLong moved to take the ite~ from the table, Vice Mayor Trauger seconded the mot~o~, Mo~ion carried 5-0, Councilman deLong advised each member of! Council had a copy of the Agreement, Counc!lm~n deLong movedto appoint City Manager Cheney, in conjunction with Fire Chief James Rhoden, Jr., t° contact the Fire Chief of Ocean Ridge ~nd their City Manager to see if they go over the Agreement and determine if they Can have a working ~greement with the Town of Ocean Ridge. Vice Mayor Trauger seconded the motion, Motion c~rried 5-0, Request for Revocable One Year Permit Copeland ..... Mayor Harmening said he believed the Cc this issue had been worked out, to the Vice Mayor Trauger moved, seconded by C remove the issue from the table. Vice to strike the item from the agenda. T~ Councilman deLong. Motion carried 5-0 or Use of Public Property TABLED until had a memo stating best of the City's ability, ouncilmember Woolley to Mayor Trauger then moved e motion was seconded by MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 Expiration of Term of Appointment - Housing Authority Appointments to Above Vice Mayor Trauger moved to open the table for nominations for members of the board. Councilman deLong seconded the motion, Vice Mayor Trauger nominated for the Housing Authority, Mrs. Elizabeth Todd, 2003 S. W. 18th Street, Boynton Beach. Mrs. Todd has served the City very well, is interested in all of the departments, and served very well on the Pension Board. She has been vitally interested in following the housing project. Vice Mayor Trauger also nominated Mr. Edward J, Closter, ~,, who is employed in management by IBM, and lives on S. W. 25th Avenue, Boynton Bsach. He is a chemical engineer and is interested in this part and has had experience along the housing line. Councilman Wright entered the name of Lottie Pierce, who has been a resident of Boynton Beach for many, many years, She owns several rental housing developments in 'the N, W. section. She is a retired school teacher and has been extremely interested in community relations and improving substandard housing in the City and would definitely be an attribute. She served on other City Boards. Mr .... d~Liong moved, seconded by Council.member Woolley, that the nominations be closed. Motion carried 5-0. Councilman Wright said the Housing Authority d±d say they would like to see a black female appointed to Serve on the Board, so he felt Lottie Pierce would be p~rfect. Ail voted in favor of Elizabeth Todd with the exceptio~ of Council- man ~right. The vote was 4-1, Elizabeth Todd was nominated to a four year term on the Housin~ Author±ty Board. Councilman Wright explained he.was voting No for both of the other nominees only because he wanted his nominee to win. Ail voted in favor of Edward J. ClOs~er~:Jr.~as the second nominee, with the exception of Councilman Wright and'Co~nc~'lmen~er Wool]ey, The vote was 3-2. Neighborhood Strategy Area Selection of Consultant for t0th Avenue Project Vice Mayor Trauger moved to accept Metric Engineering, Inc, as the Consultant for the 10th Avenue project. Councilman deLong seconded the motion. No discussion. Motion carried 5~0. - 22 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 Approve Agreement with County - 10th Avenue Community Development Funding ! Vice Mayor Trauger moved that the COuncil approve the Agreement with the County for the 10th Avenue Community Development established in the letter of May 15, 1987, Councilman Wright seconded the motion. City Manager Cheney_commented that the Agreement did include the fact that the City will put up $20,000.00 in drainage projects in this area, i~answer~ to a question posed by Councilman Wright. Motion carried 5-0. Review Roadway Lighting at 1-95 and S. W, 23rd Avenue Vice Mayor Trauger asked what Manager Cheney said these li¢ save about 12 x $7.00 a mont~ some money and if the State pressured sodium --. City M~ would be a report'on sodium' % lighting was fixed at the en~ been almost two head-on cras~ hedge, in spite of the light, hedge is too high. Councilman deLong moved to and S. W. 23rd Avenue. The ~ Tra~qerand carried 5-0. Authorize Consulting Service · the City would be saving. City ~hts are about $7.00 a month. It would ~. Mayor Harmening said it would save 'ollows through and puts in high .nager Cheney interrupted to say there ~apor. Vice Mayor Trauger said the ~rance of Leisureville but there had .es because people cannot see around the of traffic coming to the left. The pprove the revised lighting at 1-95 .otion was seconded by Councilman - Northeast Area Water Main for major loop to Water Distribution S~stem ! Councilman deLong moved, secQnded by Councilman Wright, to approve the water main going to the Northend. Motion carried 5-0. Consider Proposal to Combine Art FeStival and Business Fair ! Councilman deLong moved, seconded by Councilmember Woolley, to approve the combination of t~e Art Festival and Business Fair. Motion carried 5-0. Ratification of South CentraI Regional Wastewater Treatment and Disposal Board Action !~ ~ ~ ' ~ ! 1. Prepare Bid Documents fo~ Entering CompetitiVe Bidding for an Operations and Maintenan~'e Contract with a Thi'rd Party Vice Mayor Trauger moved for the ratification of the action of South Central Regional wasteWater Treatment and Disposal Board regarding preparing the bid documents for entering competitive MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 bidding for an Operations and Maintenance Contract with a third party. Councilman deLong seconded the motion. Motion carried 5-0. Enter into Competitive Bidding for a Mechanical Screening to be Installed at' the' Pliant Vice Mayor Trauger moved to ratify the action of the Board in regard to competitive bidding for a mechanical screening to be installed at the plant, to be paid on a basis of 60% Delray, 40% Boynton, and any salvage value that may ever accrue shall be divided on an equal basis. The motion was seconded by Councilman deLong. There was no discussion. Motion carried 5-0. Appointment of Willard Young as Interim Administrative Director of the Plant Councilman deLong moved, seconded by Councilmember Woolley, for the appointment of Willard Young as Interim Administrative Director of the Plant. Councilman Wright asked aboUt Mr. Young's background, and Mayor Harmening informed him Mr. YOung was a retired engineer. Motion carried 5-0. 4. Installation of Hydrogen Peroxide Facility at Plant City Manager Cheney asked that the motion be worded to allow Delray Beach to install i~.in.~/ae-~-~ Councilman deLong moved to authorize the installation by Boynton Beach or Delray Beach of hydrogen peroxide facilities on the plant grounds. Vice Mayor Trauger seconded the motion, Motion carried 5-0. Approve Change Order = Intercounty Contract - Sanitary Sewer Lift Stations Councilman deLong moved to approve the change order, seconded by Vice Mayor Trauger. Motion carried 5-0. Request for Refund on Cemetery Lots Mr. deLong moved, seconded by Vice Mayor Trauger, that the request for refund on Cemetery Lots 634 A & B, Block O, Boynton Beach Memorial Park Addition #1 be granted, in accordance with the usual policy, Motion cart±ed 5-0. - 24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 City Manager Report on Changes in Workmen's Compensation Policy City Manager Cheney said the issu~ had.been taken care of by earlier instructions. Councilman deLong moved to strike. seconded by Councilman Wright. Motion carried 5-0. City Manager Report on Fire Department Training - Requested by Councilman Joe deLong City Manager Cheney said he had asked Fire Chief Rhoden to appear and make a report regarding the area of training. He said a brief report was forwarded to the Councilmembers, which would probably be in their mail boxes tomorrow. Councilman deLong moved to accept the report. Counc±lman deLong also stated he understood Mr. Crockett was taking care of all phases of the training, including being T~alning Officer. City Manager Cheney said he had notified the Fire ~epa~tment when Mr. Crockett was hired to ask him, but the program is moving now just as %he City had planned to move the program. Vice Mayor Trauger seconded the motion, and the motion carried 5-0. Accept Utilities and Release Bond - Quail Lakes Mr. Harry Kirsner, developer, appeared before the Conncil. He stated they were two months behind on the work. One bond was to build the sewer and water extension and the other bond was for excavation to bring it up to grade. They had to go under Golf Road and they tunneled under Golf Road for a water line. That work was done but he wanted an extension on the other one. Councilman deLong moved to release the bond for the utilities, seconded by Vice Mayor Trauger. Motion carried 5-0. Mr. Kirsner explained that they did not want to bring the property ~DP to grade until they had the utilities in because they would have to dig, so their excavation permit expires August 9th. It is a $45,000.00 bond. City Manager Cheney recommended that it be granted~ for another two months. Vice Mayor Trauger moved to grant Mr. Kirsner a two months' extension to bring the property to grade. Councilman Wright seconded the motion. Motion carried 5-0. Request for Zoning Approval fo'r Alcoholic Beverage License - Clifford Lee Bell d/b/a 10th Avenue Discount Beverage, 404 N. E. 10th AVenue Councilman deLong moved to grant the request, seconded by Vice Mayor Trauger, Motion carried 5-0. - 25 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACE, FLQR!DA July 7, 1981 Approval 'of Bills Mr. Cheney read the following bills for approval: Allen InsuranceAgency Police Professional Liability Insurance Pay from GeneralFund 001-211-521-40-46 Pay frc~Gene~alFund 001-000-155-03-00 9,217.50 27,652,50 $36,870,00 BBRGeneral'Contractors, Inc. Emergencyrepairto sewer line between Seacrest & First Avenue Pay from Water. & Sewer Rev. 401-351-535-40-3F 3,460.00 BoI.F. Partial Payment - 4 Hydro-Pneumatic Controllers Pay frc~Water & Sewer Rev. 401-332-533-60-42 Council approved 11/5/80 3,738.00 e Board of County C~sSioners County Landfill for month ofMay, 1R81 Pay frc~General Fund 001-341-534-40-9A 10,770,00 Business Machines Inc. 12 Portable Standard Cassette Tape Recorders Pay frc~Federal Revenue Sharing 320-211-521-60-42 Per bid 4/27/81, Council approved 5/5/81 2,340.00 Dale's Paint & Body Shop Repairs to 1981 Dodge Car #326 Pay frc~General Fund 001-000-247-41-00 1,534.06 Vice Mayor Trauger asked whether this car was the Fire Department's car. He was advised this was a Police car. Garden Store Water Plant Irrigation System Pay from Utility General Fund 403-000-169-11-00 2,345.00 ° Halsey' s Various items for Central Office Supply Pay from General Fund 001-000-141-01-00 1,664.30 o IBM Corporation Computer Rental for month of June, 1981 Pay from General Fund - various departments 4,615.00 10. Kruse, O~Connor & Ling, Inc, Actuarial valuation Police Pension Plan Pay from Police Pens±on Fund 612-138-513-20-29 1,485.00 - 26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7 ~ 1981 11. 12. 13. Kruse, '0 '~Co_nnor '& ~Ling Actuarial valuation 'Firemen, s Pension Plan Pay frown Fir~nen ~s' Pension FUnd 613'139-513-20-29 LOngviaw Lime Lime for Water Trea~nent Plant Pay frc~ Water & S~er Revenue 401-332-533~30-65 Russell & AXon ProfessiOnal services rendered on variou~ projects Pay frc~n following accounts: 403-000-169-01~00 403-000-169-11-00 403-000-220-64-00 14. South Central Regional wastewater Treatment Board 15. 16. 17. 18. 19. $ 1,600.00 23,423.70 5,920.49 Services in Treatment and Disposal of Wastewater for month of June, 1981 Pay from Water & Sewer Revenue 401-353-535-40-9I Board of CoUntyCc~missioners Palm Beach County Request for Funds for Congress Avenue Bikeways Pay from General Fund 001-000-247-08-00 Northwood Screen Printing Co. For 15,000 Beach Decals Pay frc~General Fund 001-122-512-40-72 Per bid 4/27/81, Council approved 5/5/81 IsiahAndrews Driver f~o~ Senior Citizens - 2 wks. Pay from Federal Revenue Sharing 320-641-564-40-5A Willie RUthMcGrady Server for senior citizens Club - 2 wks. Pay from Federal Revenue Sharing 320-641-564-40-5A Ordinance #73~15, passed 5/15/73 Publix Meals for needy and inf±rmed for May, 1981 Pay frc~nFederal Revenue Sharing 320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 20. Boyle Construction Co., PrOj. 626-681-45-6Est. #5 Pump stations 316 & 319 for period 5/21/81 to 6/19/81 Pay from Utility General Fund 403-000-169-11~00 75% reimbursable frc~EPA Grant C-120496020 Southeast Underground Const. Est~ #5 Proj. No. 626-681-59-6 Force Main - Miner Road to Congress Pay from N. Wl Developers EscrowedAcct. @ First Bk. & Trust $ 1,360~00 13,702.48 30,944.19 35,691.00 5,781.90 1,050.00 110,00 96.00 60.44 77,776.80 2,478.33 - 27 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 7, 1981 22, 23. Southeast Underground COnSt2 Est. ~5'Proj~ 626~681~56-6 'Water Main - Miner Rd. to Congress Pay from N. W. Developers Escrowed Acct, @ First Bk. & Trust Southeast Underground Construction Est. #5 Proj. No, 626-681-45-6 Force Main 316 & 319 ' EPA C-120496020 Pay fr~n Utility General Fund 403-000~169-11-00 75% reimbursable frc~ EPA $ 82,946.78 26,204.28 Mr. deLong referred to the bills having been found in order and moved that they be paid, seconded by Councilman Wright. No discussion. Motion carried 5-0. Milton L. Hallman, Jr., Vice President of Russell & Axon, introduced Clay Blanton, Chief Engineer of their firm. Mr. Hallman informed the Council that Mr. Blanton had just been transferred to this area- from Virginia. ADJOURNMENT The meeting was properly adjourned at 10:35 P. M. CITY OF BOYNTO~/BEACH Biy~ M ATTEST: ~ ~ '~'~-"~/Y-//'f/ "' ' Cou c .... ~ ouncllma Rec°rding~(4 ~apeCS~'~ary ~_~- ~×~ i~ ~/ ,// - 28 - I~'I¥ NAI~tL IS DLL LIU~LLI AND I LIVE Al' 44g UCEAN' P~'KKW~)"BOYNTON BEACH ,AND ~M CHAIRMAN OF THE N.B.C.I.A. I1AYOR HARr~EN'ING AND MEMBERS OF THE CITY COUNCIL FROM THE ONSET OF MY ACTIVE ASSOCIATION IN CITY IMPROVEMENT~ I HAVE BEEN ENCOURAGED BY MEMBERS OF CITY STAFF AND BY MR, CHENEY, NOTING TO ME THAT PEOPLE HAVE TO HELP THEMSELVES AND THE CITY WOULD THEN RECOGNIZE THEIR INTEREST AND PUT FORTH AN EFFORT TO HELP RESIDENTS UPGRADE THEIR NEIGHBOR- HOODS. WE HAVE IMPROVED THE NORTH END AND WE STILL HAVE A LONG WAY TO GO. BUT IT CAN BE DONE!!! WE WERE LED TO BELIEVE IF THE PEOPLE FROM THE NORTH AREA SHOWED THEIR DESIRE TO IMPROVE THAT SAID AREA~ THE CITY WOULD WORK WITH WE HAVE BEEN WALTZED A~OUND FOR 2 YEARS EVEN THOUGH OUR EFFORTS ARE VISIBLE~ BUrn,WITH T~'E-ATTITUDE OF MAYOR HARMENING '~UOTE-THOSE PEOPLE WILL ONLY LET THEIR HOMES RUN DOWNHILL ANYWAY-UNgUOTE' OR AS COUNCILWOMAN WOOLEY SAID ~gUOTE~IT'S BEYOND MY COMPREHENSION-UNqUOTE", ~AS OUR COUNCIL MEMBERS DRIVEN THE .BACK STREETS OF OUR AREA LATELY TO GAIN KNOWLEDGE TO COMPREHEND THE SITUATION I'M SETTIN6 FORTH TONIGHT? ! HAVE INVITED COUNCIL MEMBERS TO DO SO BUT HAVE NOT RECEIVED ANY ACKNOWLEDGEMENT FROM ANY MEMBER, EXAMPLES. 1, I HAVE VIRTUALLY BEGGED MR. ~REDERICKS TO FINISH THE MEDIAN ON OCEAN PARKWAY AND CONTRARY TO WHAT WAS SAID AT ONE OF THE PREVIOUS COUNCIL MEETINGS, TAKE A RIDE AND SEE HOW WELL CARED FOR THE MEDIANS ARE WHICH WERE DONE PREVIOUSLY. THE OTHER THREE SECTIONS PROMISED HAVE NOT BEEN STARTED IN THE , LAST TWO YEARS. THAT S LONGER THAN IT TOOK TO BUILD THE HOLLAND TUNNEL, 2. WE HAVE WAITED FOR THOSE TWO YEARS ALSO FOR THE BALLFIELD AND OTHER PROMISED ADDITIONS TO BE FINISHED BEHIND ROLLING GREEN SCHOOL. FIRST MR. FREDERICKS PUT SEED ON SAND--IT DOESN'T WORK. THEN HE ASSURED ME HE WAS TO PUT TOP SOIL AND THEN SEED. THE TOPSOIL SITS IN HUGE PILES OVER THE FIELD--NEVER HAVING BEEN SPREAD. THEN HE SAID THE MONEY COUNCIL HAD APPROPRIATED FOR THE FIELD WAS NOT MATCHED AS YET BY THE COUNTY. ,iR. GREGORY ASSURED ME OTHERWISE AND THAT IT INDEED HAD BEEN MATCHED. MR. FREDERICKS NOW ASSURES ME THAT HE IS GOING TO SOD AS SOON AS HE CAN GET SOME SOD AND A CREW. MEANWHILE THE CHILDREN (OF WHICH THERE ARE MANY) ARE GROWING IMPATIENT TO HAVE A FIELD TO VENT THEIR HIGH SPIRITS. THE NBCIA HAS RECRUITED COACHES AND IS ALSO RAISING MONEY FOR BLEACHERS FOR THE FIELD WHICH COST APPROXIMATELY $100Q,00. WOULD YOU AGREE THAT THE RESIDENTS ARE SHOWING AN INTEREST IN THEIR NEIGHBORHOOD? How MUCH DQES THE CITY WANT US TO DO BEFORE IT ACCOMMODATES US AND BECOMES INVOLVED. I AM 100% FOR THE 30 ACRE PARK AND THE BEACH RESTORATIONj BUT IS IT ASKING TOO MUCH TO HAVE A PLACE.FOR OUR CHILDREN TO PLAY INSTED OF THE STREETS OR LOOKING FOR AN OUTLET FOR THEIR ENERGIES LIKE VANDALISM, OUR KIDS DO NOT HAVE THE MONEY NOR THE TRANSPORTATION TO GET TO OTHER RECREATION AREAS IN THE CITY. THEY SHOULD NOT HAVE TO SUFFER BECAUSE THE CITY IS DRAGGING ITS FEET. EVEN THE SEWER HOOK UP NEAR MR. GROCER ON SEACREST IS CAUSING PROBLEMS IN THAT THEY DID NOT PUT A SWALE AREA AFTER ENCLOSING THE LINES. IT NOW FLOWS ONTO SEACREST AS BADLY AS THE FLAMINGO AREA DID BEFORE IT WAS REPAIRED. AS FAR AS BARRY SEAMAN'S HUD HOMES ARE CONCERNED I HAVE BEEN IN TOUCH WITH HIM AND HAVE BEEN ASSURED HE WILL HAVE THEM MAINTAINED AND IF HE DOES NOT--I WILL ASSURE YOU THAT I WILL SIT ON HIS DOORSTEP TIL HE DOES. THE NBCIA ALSO INITIATED A REHAB PROGRAM WITH JOHN GREEN OF COMMUNITY DEVELOPMENT WHICH WILL IMPROVE THE AREA. DOES THIS SOUND AS IF WE ARE NOT INTERESTED IN OUR AREA? WHAT I AM ASKING IS TO HAVE OUR BALLFIELD AND TENNIS COURS ETC. FINISHED AT THE ROLLING GREEN SCHOOL, OUR SWALE AREAS MOWN AT LEAST JUST ONCE AND THE MEDIAN FINISHED ON OCEAN PARKWAY AND FOR THE CITY TO SHOW SOME INTEREST IN OUR AREA. EXCUSES HAVE BEEN MADE AND PROMISES HAVE BEEN BROKEN. YOU MUST REMEMBER THAT VILLAGE ROYALE, FOUR SEASUNS, PINE POINT VILLAS ETC. ARE IN OUR AREA AND THE VALUE OF THEIR PROPERTY IS NOT GOING TO INCREASE BUT RATHER DECREASE BECAUSE OF OUR PROBLEMS. THANK YOU,