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Minutes 04-07-81MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, APRI'L 7, 1981 PRESENT Edward F. Harmening, Mayor Walter "Marty" Trauger, Vice Mayor Joe deLong, Councilman Patricia Woolley, Councilmember Samuel Lamar Wright, Councilman Peter L. Ckeney, City Manager Tereesa Padgett, City Clerk James Wolf, Asst. City ~ttorney Mayor Harmening welcomed everyone and called the meet±ng to order at 7:30 P, M, He announced the invocation tonight will be by Rev. Ken Ferguson, Ascension Lutheran Church,~wh±ch will be followed immediately by the Pledge of Allegiance to the Flag led by Councilman Samuel Lamar Wright. He requested everyone to please rise. AGENDA APPROVAL Mr. Wright requested the addition under Old Business of: Discussion of Pedestrian Crossing on U. S. t and Woolbright Road. Mr. Trauger stated he would like to add one comment under Announcements when the Past Mayor's Night is announced. Mayor Harmening stated there is one additional Proclamation for the agenda tonight and suggested that it be included as Item 4-A under Announcements. Mr. deLong moved the adoption of the agenda with the addi- tions, seconded by Mr-s. Woolley. Motion carried 5-0. ANNOUNCEMENTS Mayor Harmening read a Proclamation procla±ming the week of April 19 to 25, 1981, as Professional Secretaries Week, Mayor Harmening read a Proclamation proclaiming the month of April, 1981, as Local History Month, Mayor Harmening read a Proclamation proclaiming the week of April 5 through April 11~ 1981, to be National Library Week. Mayor Harmening read a Proclamation proclaiming the second Friday of April as Arbor Day, Mayor Harmening read a Proclamation proclaiming the week of April 20 through 26, 1981, as Victim Rights Week, Mayor Harmening announced tha~ held on April 21, the next tee Mr, Trauger stated when we ho~ 21, he-would like to add Mr, we are making presentations, invitation to the City Chr±s~ seconded by Mr. deLong, Moti¢ .' Past Mayor's Night will be · ular City-Council meeting, .or the past mayors on April .eLong's suggestion that while re extend to them annually an ~as Party, He so moved, ~n carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Mayor Harmening announced the Boynton Business Fair will be held April 10 through April 12 at the Civic Center. He added that usually there are some very good displays. MINUTES Regular City Council Meeting of March 17, 1981 Mr. deLong moved to approve the minutes, seconded by Mrs. Woolley. NO discussion. Motion carried 5-0. Special City Council Meeting of March 20, 1981 Mr. deLong moved adoption of the minutes, seconded by Mrs. Woolley. No discussion. Motion carried 5-0. PUBLIC AUDIENCE Mayor Harmening 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 that item is the regular order of business. BIDS Three (3) New 1981 Police Motorcycles Mr. Cheney advised that an amount was budgeted hoping to replace three motorcycles, but because of costs, he is recommending the purchase of two motorcycles from Palm Beach Kawasaki, who is the low b±dder, in the amount of $8,942. Mr. deLong moved to accept this recommendation and award the bid to Palm Beach Kawasaki for two motorcycles in the amount of $8,942. Mr. Wright seconded the motion. Under discussion, Mrs. Woolley asked if these would have sirens and Mr. Cheney replied affirmatively. Mr. Trauger asked if there is a state bidd±ng list on motorcycles as there is on vehicles and Mr. Cheney replied that he is not sure and since th±s was bid separately, he is guessing there may not be. If there is, it is possibly only for the big motorcycles. Mayor Harmening added that he doubts there is a state bidding list as he is not aware of any state agency using such motorcycles. Motion carried 5-0. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Base Bid - One (1) New High Cube Aluminum Step Van Alternate Bid - One (1) New 1980 or 1981 Aluminum Step Van Mr. Cheney referred to this being for the Utilities Depart- ment and advised that two bids were received and it is recom- mended the bid be awarded to Earl Wallace Fo~ in the amount of $11,855.45. Mr. deLong moved to accept the recommendation of the Tabulation Committee and accept the bid from Earl Wallace Ford in the amount of $11,855.45, seconded by Mrs. Woolley. No discussion. Motion carried 5-0. Sanitary Sewer Cleaning & Televising - Project (EPA) C-120496020 Mr..Cheney infOrmed the Council this is a project to clean the sanitary sewer system and provide certain television inspec- tions of the sewer system. He explained this is part of the EPA project to develop the regional system and is 75% funded by the federal government. It is recommended the bid be awarded to Video & Sealing, InC. in the amount of $15,482.45. This is recommended by Russell & Axon and Mr. Cessna. Mr. Cheney added that in possibly another meeting or two, it will be recommended that we got a fair negotiated price for cleaning and patching the holes at the same time. This will not be federally funded, but i~ a separate process. If a fair price is negot±ated, it will be brought back to the Council. Mr. deLong clarified that this is a tentative award and Mr. Cheney agreed that it is pending EPA approval. Mr. deLong moved in accordance with the recommendation of RuSsell & Axon per their communication dated April 1, 1981, to approve the tentative award in the amount of $15,482.45 to Video & Sealing, subject to approval by EPA and this communication be made a matter of public record and also include the communication from the Director of Public Uti- lities. Mr. Wright seconded the motion. No discussion. Motion carried 5-0. Mayor Harmening referred to this company being located in Illinois and questioned how come they would come from so far away and Mr. Cheney replied that companies like this have a fair amount of mobil±ty and there is the possibility they are doing some other work in the state. PUBLIC HEARING - 8:00 P. M. NONE -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 SITE DEVELOPMENT PLANS Modification of Master Plan for Dos Lagos PUD - East Side of Congress Avenue between LWDD Canals 20 & 21 Mr. Cheney referred to finally having a projector and stated we are trying to improve our ability to have presentations of activities which can be better seen by the public and at the same time, not interfere with the Council process. Mr. deLong commented that it is an improvement. Mr. Annunziato informed the Council that this is a request to modify the approved PUD master plan for Dos Lagos. About twelve months ago, the application to rezone this land was approved. The property has changed hands and the new owner's request is to modify the unit mix which constitutes a change to the master plan. Procedurally it is required by the PUD code to bring master plan modifications to the Council for a determination of whether there is a substantial change. If the modification is determined to be a substantial change by the City Council, the applicant would have to submit a new application. If it is not a major modification, the applica- tion goes to the Planning & Zoning Board for approval of the change, approval with modifications or denial. Mr. Annunziato then explained the location of this property. The major change proposed is a change in the housing mix. He noted in his memo submitted that the approved master plan provided fOr 93 single family homes, 128 duplex/townhouses, and 204 row townhouses and he pointed out the locations of these. As proposed in the modification, the single family units do not change and the location of the lake does not change. In lieu of 128 duplex/townhouses, they have pro- posed 128 attached patio homes. In lieu of 204 row town- houses, the proposal is to construct 202 two story garden apartments. He explained that the access to the site would not change. Also, the basic utility construction does not change. Internally, there are some minor modifications, but the system is basically the same. He then explained how the recreation package is similar to the one initially.ap- proved. Mr. Annunziato continued that a matter of interest was~ the items added to the initial approval: 1. Dedicate right-of-way for Congress Avenue to provide for a 60' one-half section; 2. Dedicate 108' of right-of-way for Miner Road; 3, Bear the cost of a traffic signal at project's entrance if and when warranted by the County Engineer; -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Construct turn lanes at entrance to project as follows: a. left turn lane, north approach b. right turn lane, south approach c. left and right turn lanes, east approach; Pay the fair share of $95,000 to Palm Beach County to off-set the project's road impact at the time of building permits. Mr. Annunziato added that also at the time of the PUD approval, the developer agreed to commit to the .4% transfer fee, but these contracts have been suspended by an action of the Palm Beach County Board of Public Instruction. Mr. Annunziato continued that on Tuesday, March 31, the Tech- nical Review Board reviewed this proposal for consistency with the approved master plan. The Board found the plans and pro- posals submitted to be consistent with the approved PUD. Therefore, the Board recommends to the City Council that a finding of no substantial change be made. In addition, the following recommendations are'suggested to the Planning & Zoning Board by the appropriate staff members as provisos to the approval of the modification of the master plan: Utility Department: Public Works Dept: Planning Department: Energy Coordinator: Subject to revised utility plans per meeting with developer's engineer on 3/30/81. Subject to the approval of the dumpster locations. Subject to the developer dedicat- ing the rights-of-way for Congress Avenue and Miner Road within 60 days of final action by the Plan- ning & Zoning Board. Recommend the use of energy effi- cient sodium-vapor lighting. Mr. deLong moved to approve this modification of the master plan for the Dos Lagos PUD subject to the recommendations as outlined on Page 3 on the memo from Mr. Annunziato dated March 31, 1981, and this memo be made a part of the public record. Mr. Wolf informed him that this is not in front of the council for approval tonight, but the Council must deter- mine if there is a substantial change in the plan. Mr. Trauger asked if the bike path would s~'ll be on Congress Avenue and Miner 'Road as proposed initially and Mr. Annunziato replied affirmatively. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Mr. deLong moved to refer this back to the Planning & Zoning Board. Mayor Harmening clarified that the action required is to make a determination whether this change constitutes a major change. Mr. deLong moved to find no significant change from the ori- ginal plan. Mr. Wright seconded the motion. No discussion. Motion carried 5-0. Modification of Master Plan for Kirsner/Cogen PUD - Northwest Corner of Congress Avenue and Golf Road (S. W. 23rd Avenue) Mr. deLong clarified that the correct location of this pro- ject is the northwest corner of Congress Avenue and Golf Road. Mr. Annunziato informed the Council this is a request to modify the approved PUD master plan for the Kirsner/Cogen PUD. How- ever, this is somewhat more complicated in that different ownerships are involved. He tried to explain the past his- tory in his memo submitted. The original application to re- zone to PUD was submitted by Mr. Harry Kirsner for Faber & Kirsner, Attorneys at Law. The initial application was accompanied by a companion application to rezone an adja- cent tract of land to C-3 Community Commercial, also in Harry Kirsner's name. These two applications were reviewed by all parties concerned with respect to traffic, utilities, land uses, etc. and were rezoned by Council on December 19, 1978. Subsequent to the rezoni~gs, Mr. Cogen, who owned 40%, separated from the partnership taking the commercial pro- perty as his share of the land which was recently platted and developed as Woolbright Plaza. Following the Cogen platting action, Mr. Kirsner platted a portion of the Kirsner/Cogen PUD, located in the northwest corner of Golf Road and Congress Avenue, and named it Quail Lake. Quail Lake is currently under development. Following the platting of Quail Lake, the remainder of the Kirsner/Cogen PUD was sold to Rowan Construction and renamed Quail Lake West. It is this portion of the original PUD which is requested to be modified. Mr. Annunziato continued that procedurally, this is similar to the previous request which is to make a determination of whether there is a substantial change. The most significant changes are in the unit mix. In his memo, he tried to tabu- late the proposed unit mix and the unit mix initially pro- posed. In the initial proposal, there were 22 single units, 101 villas, 20 townhouses and~307 garden apartments and he pointed out the locations of these. The modification re- quests that 81 villas be constructed and 234 garden apart- ments. The total unit count has not changed, but the unit mix has changed. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Mr. Annunziato continued that access to the site does not change. As initially approved, the north/south road was propose'd tieing Golf Road into Woolbright Road. Concern- ing recreation, the acreage is proposed to be reduced by 1.5 acres, but the recreation facilities include three swimming Pools, four tennis courts, and three meeting rooms of 1,000 sq. feet each. The area set aside for public recreation dedication has increased from 3.90 acres to 4.34 acres of which approximately one acre has been pro- posed to accommodate a ground storage water tank. In addi- tion, the lake area is proposed to increase in size by 1.35 acres from 35 to 36.35 acres. Mr. Annunziato referred to traffic and advised these im- provements are listed in the Memorandum of Understanding dated October 20, 1978, between Charles R. Walker acting in behalf of Palm Beach County and Harry Kirsner for Faber & Kirsner, the owners of the land. Owing to the fact that there are now several property owners involved in the development of this land, he has obtained from K. Dan Shalloway, P. E., engineer for all parties concerned an update of work completed, work yet to be completed and responsibility for work to be completed. Basically there is still the requirements for a traffic signal if and when warranted, some additional turn lanes to serve the property, and the matter of the extension of Woolbright Road from where it currently terminates. Concerning the school impact fee, the School Board no longer collects the .4%. Mr. Annunziato advised that this was reviewed by the Tech- nical Review Board on March 31, and they found the proposal to be consistent with the approved PUD and recommend that a finding of no substantial Change be made. In addition, the recommendations listed in his memo from the appropriate staff members are suggested to the Planning & Zoning Board as provisos to the approval of the modification of the master plan. Mr. Wright moved that the position of the City Council be that there is no-substantial change for the approved master plan for the Kirsner/Cogen PUD located at the Northwest corner of Congress Avenue and Golf Road, and this be re- ferred back to the Planning & Zoning Board. Mr. deLong requested that it be included in the motion that the memo from the City Planner of April 1, 1981 be made a part of the motion and Mr. Wright agreed. Mr. deLong added that we are acting upon this memo and Mr. Wright agreed. Mr. deLong then seconded the motion. -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Mr. James C. Perry, 427 N. W. 9th Avenue, came before the Council at this time. Mayor Harmening asked if he gave his name to the City Clerk to speak on this matter and Mr. Perry replied negatively, but referred to all the things going on in the Congress Avenue area and stated they have come to get things done in the colored area, but everything is done on Congress Avenue. Mayor Harmening replied that he probably didn't understand the presentation as the owners of the property are making all these improvements and the City is not spending any money. Mr. Perry stated the tax- payers are spending money and nothing is being done on 10th Avenue. Mayor Harmening informed him that the Chair must find him out of order for the simple reason that he did not give his name to the City Clerk prior to the meeting to speak on this particular subject. The Chair announced that anyone who would like to speak on any item on the agenda would be allowed to speak and he failed to give his name to the City Clerk. Mr. deLong added that he believes Mr. Perry is not fully acquainted with the system and Council- man Wright will be better able to explain it to him as this owner is developing his own land. Mayor Harmening added that the taxpayers are not paying for the roads. Mr. Trauger asked if there would be bike paths along Congress Avenue and Woolbright Road and Mayor Harmening informed him there is a bike path on the east side of Congress Avenue. Mr. Trauger questioned if there is a definition of what constitutes a garden apartment, patiO home, or duplex/ townhouse and Mr. Annunziato replied negatively, but added that a garden apartment is a two or three story apartment house. Mr. Trauger clarified that there is no standard definition and Mr. Annunziato replied that he didn't think so as it depends on the developer and added that villas are generally detached and look like single family homes. Mr. Trauger asked if bike paths are included and Mr. Annunziato replied negatively, not on Congress Avenue since they are being constructed on the east side. On Woolbright Road, there is no provision for a bike path and it has not been addressed. He agrees that it may be appropriate to discuss a bike path on the north side of Woolbright Road. Mr. John Ewseychik advised that pre- sently at this time, there is a sidewalk in construction on the portion existing on both sides of Woolbright Road. This will provide access to the bike path on Congress Ave. Mr. Trauger asked if there would be a sidewalk and bike path and Mayor Harmening clarified that the sidewalk which is required is being constructed on both sides and will provide access to the bike path on the east side of Congress Avenue. Mrs. deLong stated that it must be desig- nated as a bike path. Mr. Annunziato suggested that the -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 answer may be to extend one of the sidewalks into a bike path and Mr. Ewseychik agreed this~was a good point and stated they will work with the staff on it. Mr. Trauger clarified that Mr. Annunziato should work it into the plans then. Mayor Harmening commented that the economics in this change of the master plan is interesting with the new owners maxi- mizing the development area. He believes it isa consider- able change. Mr. deLong referred to it being in compliance and Mayor Harmening clarified that the Council must make a determination. Mr. Trauger stated to make an objective judgment, there must be criteria on which to base a judgment and from the criteria presented, the proportion of the pro- ject has changed in its appearance. Mr. Trauger asked if the density made any difference and Mayor Harmening replied that the number of units is the same, but the type of mix must be considered. The Coun- cil in the past has not been overly in agreement with three to four story apartments. Mr. Annunziato informed him that the Council originally approved three story apart- ments. Mr. Ewseychik referred to the master plan and explained that all the units in each area are backing on open space with a minimum of 30 to 50 feet from the edge of the road. They will be putting in extensive landscape improvements. They have varied the lake lines to provide more lake frontage. Mayor Harmening referred to not having criteria to estab- lish what is a substantial change and stated in some re- spects, this is a substantial change and in other ways, it is not. It would appear they attempted to maximize the use of their land by this change. Mr. Trauger asked if there is any change in density with this configuration and Mr. Annunziato replied negatively, Mayor Harmening added that there could be in considering the number of bedrooms. Mr. deLong pointed out that the recreation dedi- cation ~has increased from 3.90 acres to 4.34 acres and the lake has increased by 1.35 acres. Mr. Wright asked if the garden apartments would be rental units and Mr. Ewseychik replied negatively and informed him they will be condominiums. Mr. Annunziato stated some of the things which the staff looked at was the density, location of units, configura- tion of utility service, types of units, compliance with previous agreements, etc. Certainly if the configuration -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 of the roads or the utility system had changes, they would have found substantial change. Basically the only thing changed is the unit mix and the plan is more specific in regards to recreation. Mr. Ewseychik pointed out that on the westerly leg going to Quail Lake, there were originally townhouses, but that has now been earmarked as a passive open space. They have also gotten into a specific recreation program. It is environmentally sound with doing less work on the lake area. This design is making it more economical and it is a good program. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 81-10 - Re: Illegal Parking Problems Mr. Wol'f read proposed Ordinance No. 81-10 by title on second reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 29, TRAFFIC, -SECTION 29-4 "TRUCK PARKING, REGULATED, PENALTY", BY PROVIDING FOR LIABILITY OF OWNER OF THE VEHICLE, ENFORCE~ENT, PENALTY, METHOD OF COMPLIANCE WITH PENALTY, PROCEDURE FOR PROPER ENFORCEMENT FOR VIOLATION OF SECTION 29-4, PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; 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. 81-10 on second and final reading, seconded by Mrs. Woolley. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Councilmember Woolley - Aye Mayor Harmening - Aye Motion carried 5-0. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Ordinances - 1st Reading Proposed Ordinance No. 81- - Re: Proposed Ordinance No. 81- - Re: APRIL 7, 1981 Tree Ordinance (Tabled Landscape Ordinance (Tabled) Mr. Wolf reported there have been several meetings to discuss these ordinances and he is waiting for additional information from the Community Appearance Board at this time. Mr. deLong moved to leave these on the table, seconded by Mr. Wright. Motion carried 5-0. Proposed Ordinance No. 81-11 - Re: Amendment to Solicitation Ordinance - On-site Events Mr. Wolf read proposed Ordinance No. 81-11 by title on first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 20, PEDDLERS, SOLICITORS, AND ITINERANT MERCHANTS, SECTION 20-19 "PERMIT" BY PRO- VIDING AN EXEMPTION FOR SOLICITATIONS CONDUCTED SOLELY ON THE PROPERTY OF THE ORGANIZATION SOLICITING; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. deLong moved the adoption of Ordinance No. 81-11 on first reading, seconded by Mr. Wright. 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 Ordinance No. 81,12 -_ Re: Amendment to Franchise Ordinance - Private Community Television Antenna Systems Mr. Wolf read proposed Ordinance No, 81-12 by title on first reading: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 7A "COMMUNITY ANTENNA TELEVISION SYSTEMS" SECTION 7A-l, "DEFINITIONS" BY ADDING A DEFINITION FOR COMMUNITY ANTENNA TELEVISION SYSTEMS, EXEMPTING SAID SECTION FROM THE PROVISIONS OF CHAPTER 29; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVI- SION; AN EFFECTIVE DATE AND FOR OTHER PURPOSES -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Mr. deLong moved the adoption of Ordinance No. 81-12 on first reading, seconded by Mrs. Woolley. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Wright - Aye Councilmember Woolley - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman deLong - Aye Motion carried 5-0. Proposed Ordinance No. 81- Re: Amendment to Zoning Ordinance Private Community Television Antenna Systems Mr. Wolf stated this is an amendment to the Zoning Code and must go before the Planning & Zoning Board and it is not appropriate for reading at this time. Mr. Trauger moved to strike this item from the agenda, seconded by Mr. deLong. Motion carried 5-0. Resolutions Proposed Resolution No. 81-T - Re: Concern with Crime Mr. Wolf read proposed Resolution No. 81-T by title: A RESOLUTION OF THE.CITY OF BOYNTON BEACH, FLORIDA, EXPRESSING CONCERN OVER THE EVER-INCREASING CRIME RATE AND IN PARTICULAR THE RAPID INCREASE OF VIOLENT CRIMES AND RECOMMENDING CHANGES IN OUR CRIMINAL JUS- TICE SYSTEM IN ORDER TO MORE EFFECTIVELY COMBAT THE INCREASED CRIME RATE. Mrs. Padgett advised that several~people requested to speak in reference to this resolution. Mrs. Dee Zibelli, 440 Ocean Parkway, stated she is speak- ing as a citizen and also as a victim of an armed robbery. Being robbed at gunpoint is frightening. She told about her experience with being robbed by a juvenile, having him apprehended and then released in a few hours to be out on the street kDking for his next victim. She requests the City Council to support the new law to release the names of juvenile offenders to the newspapers. Mayor Harmening agreed with these sentiments expressed, Ms. Andrea Perry, 503 N. W. 8th Avenue, stated she is con- cerned with the high rate of crime in Boynton Beach.,- She thankS Vice Mayor Trauger for his concern. It is getting so that nobody can leave their homes as people break in. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Ms. Perry continued with telling about her personal experi- ence with her home being robbed. As citizens, we have to try to stop crime. She agrees there should be immediate action to stop this. They are afraid to walk at night be- cause of rapes. Boynton Beach is getting worse and she told about incidents of break-ins and rapes. She trusts this resolution will be passed onto the Legislature and hopefully will apply equally to all. She would like to add a few points to those listed in the resolution. There is a need to bring back the vagrancy law to stop the loiter- ing. Hand guns should be made illegal. There is need for police patrols in the streets night and day. Action should be taken now to get something done. Rev. R. M. Lee, 407 N. W. 9th Avenue, congratulated the Council for having the backbone to support this type of resolution. In looking at the plans presented tonight, these will bring in almost 1,000 new people to the City of Boynton Beach. He has watched Boynton Beach grow for 22 years. He feels this Council should have a committee consisting of a cross section of the leaders in this com- munity, who are concerned, to set up ways and means to get petitions sent to the Legislature in Tallahassee to the point that the Legislature will act responsive to the citizens for peaceful unity. He is alarmed at what is going on in our City. He knows this is a universal thing and he is g~ateful to this Council for getting this started. This committee should be set up to get petitions to our Legislators. Let them know we are concerned about our City and want the Legislature to act. He then told about visiting West Virginia and how cars could be parked and left unlocked without any worry. This same thing could have been done in Boynton Beach 22 years ago, but not today. He thinks everyone is buying a gun. This is not the right thing for peaceful citizens to do. If we are not careful, we might not enjoy the lives we are planning, He hopes the Council will find responsible citizens from a cross section of our community to start petitions to our Legis- lators. Mayor Harmening commented that crime in this area is a grow±ng industry and it doesn't seem there is much which can be done with the way the courts are handled. Mrs. Woolley referred to this coming about at an appro- priate time w±th the recent assassination attempt on the president and possibly something should be included about requesting the number of judges and jails to be increased. It cannot be improved if there are not the number of 'jails and judges to accommodate, -13- MINUTES - REGULAR CITY COUNCIL MEET BOYNTON BEACH, FLORIDA Mrs. Woolley referred to point No. tory jail sentence and Mr. Trauger is not willingly enforced. Mrs. Wo No. 3 and explained how not all par their juveniles. Mr. Trauger stated he has never rec on anything as from people in favor thing going. Tonight, he was given Club of High Point accepting this r they are forwarding it to the appro He also received a call from Mr. Br Plantation, requesting a copy of th before his City Council for enactme letter from State Attorney David B1 He told about a severely physically in Golfview Harbour having the misf home robbed. In reference to publi nile offenders in the newspapers, t the North County News, but he is no age. A precedent has been set with the names, addresses and charges ag Mr. Wright stated he thinks it is g tion. He has some reservations witl because primarily all parents are n. their children do. We know everybo, trial. He has reservations about t realizing the rapidly growing probl he would like to see something done we need to follow the recommendatiol tive to a local task force against are ignoring the problem caused by lying factor is the drug problem. Mr. deLong stated that he believes right direction. Insofar as the Le we are not going to be able to dict. have started something here and wha· from the rest of the municipalities representative to the League of Mun with him a copy of this resolution representative from the various mun it back to their governing body for Mr. Trauger agreed this is an excel this resolution should be passed as is meeting in Tallahassee and it sh~ the members and it can always be ad~ ING APRIL 7, 1981 5 calling for a manda- informed her that this Dlley referred to point ~nts are responsible for ~ived quite so many calls of this to get some- a note from the Men's ~solution and advising ~riate state officials. ~wn, a councilman in £s resolution to bring hr. He then read a ldworth in support. handicapped couple Drtune of having their ~hing the names of juve- his is being done by L sure of the legal this publishing and ~inst them are listed. Dod to move in this direc- some of the items ~t responsible for what ~y does not get a fair he court system. In ~m in this community, locally. He thinks % from Rev. Lee rela- ~rime. He feels we uveniles and the under- his is a step in the ~islature is concerned, ~te that. He thinks we we need is support He suggests our [cipalities take along ~nd prevail upon each [cipalities to bring their adoption, lent idea and added the State Legiislature )uld be forwarded to ~ed to. -14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Mr~ Cheney commented that the League itself adopted a simi- lar resolution last week and Mr. deLong clarified that it wasn't his thought to have the League adopt this resolution, but to prevail upon the representatives from the various municipalities to have their municipalities do the same. Mr. Trauger moved the adopHion of Resolution No. 81-T, seconded by Mr. ~deLong. Mr. deLong requesHed that it be included for our representative to bring this to the League of Municipalities for the separate municipalities and Mr. Trauger agreed. Un~er discussion, Mr. Wright re- ferred to the suggestion to do something locally and Mr. Trauger replied that we will. Mrs. Padgett then took a roll call vote on the motion as follows: Councilmember Woolley - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 5-0. Proposed Resolution No. 81-U - Re: Approving Certain Sub- divisions within the City Mr. Wolf read proposed Resolution No. 81-U by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING CERTAIN SUBDIVISIONS WITHIN THE CITY MORE PARTICULARLY DESCRIBED HEREIN AND FOR OTHER PURPOSES. Mr. deLong moved the adoption of Resolution No. 81-U, seconded by Mr. Trauger~ M~s. Padgett advised that one subdivision has been added to this resolution. Westgate of Hunter's Run, which was approved March 17 and recorded. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Trauger - A½e CouncilmaD deLo~g - Aye Councilma~ Wright - Aye Councilme~ber Woolley - Aye Mayor Harmening - Aye MOtion carried 5-0. -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Proposed Resolution No. 81-V - Re: Day Care Funding Mr. Wolf read proposed Resolution No. 81-V by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, EXPRESSING SUPPORT FOR CONTINUED FEDERAL FUNDINH FOR HEAD START PROGRAMS AND COMMUNITY SERVICE ADMINISTRATION FUNDING SO THAT EDUCATIONAL OPPORTUNITIES CAN BE MADE AVAILABLE FOR PRE-SCHOOL AGE CHILDREN. Mr. deLong moved adoption of proposed Resolution No. 81-V, seconded by Mr. Wright. 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. Other Approve Proposed Agreement for Submission to Court - George Culver (Tabled) Mr. deLong moved to take this question from the table, seconded by Mr. Trauger. MotiOn carried 5-0. Mr. Wolf referred to Mr. Culver filing a lawsuit against the City and explained the lawsuit included three counts on seeking to have a restaurant of 150 seats, to be al- lowed to redo the building on the property and to collect $10,200 from the City for utility fees. After negotiations with the attorney and trustees, a' proposed settlement was prepared, which the City Attorney's office recommends. All claims against the City would be given up by Mr. Culver. He e~plained that because of actions taken by the Board of Adjustment, there was a question what could be enforced upon the property and this is before the courts. This agreement limits the number on the property to 75 people, requires the property to be fixed up in a specified period of time, etc. He believes this is the best settlement the City could receive. The attorney for Mr. Culver has requested to present one matter to the City Council concerning this agreement. Mayor Harmening asked if the City Attorney is familiar with the modification and Mr. Wolf replied affirmatively, but he thinks Mr. Haines should present it and he will then make a recommendation. -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FAORIDA APRIL 7, 1981 Mr. Martin Haines, North Palm Beach, stated that he repre- sents Mr. George Culver. He referred to this being a long story and stated in handling the consent for the final judgment, he neglected to mention with what~ the financing is today, it is diffiCult for anyone to obtain financing to beautify an area. In Paragraph 5, it provides for 90 days to obtain a permit. He asks that they be given until September 1 to obtain the permit. Mayor Harmening clari- fied this would be 180 days rather than 90 days. Mr. deLong commented that it would appear if this could be cleared up by September 1, it would be fine. Mr. deLong moved that the agreement be executed. Mr. Trauger requested the City Attorney's opinion and Mr. Wolf replied that he has no objection to September 1. Mr. deLong moved that the agreement be executed with the amendment that they be granted the time which was asked for. Mrs. Woolley seconded the motion. No discussion. Motion carried 5-0. Mr. Trauger asked if with the pending settlement of this, would the City have access to the little park at the end of the street, which they have been using as part of their property and Mr. Cheney replied affirmatiVely as part of thiS agreement is for them to stay off that walk and erect a partition between the two. We can then do some- thing about protecting our area. Mr. deLong agreed that it is spelled out in the agreement and Mr. Trauger re- marked that it should be followed up. Select Bond Counsel - Golf Course Fundinq Mr. Wolf stated that he believes Mr. Vance would like the opportunity to gather more information and Mr. Cheney re- ferred to there being a question raised about the fee and it is suggested that no action be taken tonight. Informa- tion will be provided on fees for 'past bond issues of simi- lar kinds. It will be researched whether everyth±ng was included as in this. Mr. Cheney stated he would like to bring up one issue. He has been reviewing the agreement with the County. Accord- ing to the lease agreement, it provides that a five member advisory committee will be established with three members being appointed by the City and two by the County. We are now in the stage of planning and in order to be sure that we are n~ in violation of the lease agreement, he thinks the City Council and Board of County Commissioners should take steps to establish this committee. -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Mr. Trauger suggested that the current committee could be disbanded and the City Manager requested to get the two members from the County and at the next meeting we can appoint our three members to the new committee. He then moved to dismiss the current Boynton Beach Golf Course Ad Hoc Committee with thanks and request the City Manager to go to the County and request they submit names of two mem- bers to be on this committee and we, at the next regular City Council meeting, appoint three members from Boynton Beach to be members of this committee. Mr. deLong asked if what we are doing now is in viola- tion of the agreement and Mayor Harmening replied nega- tively, but we are simply moving ahead to confirm the agreement. Mr. deLong referred to having a committee operating at the present time and Mayor Harmening clari- fied that it is not a formal committee and was an ad hoc committee to serve during the interim. Now, a regular committee should be appointed as spelled out in the agree- ment with the County. He thinks we should terminate the service of the ad hoc committee. Mr. Wright stated he would support the motion providing at our next meeting, we make appointments, but not dismiss the advisory committee and write to them and advise them steps are being taken because of the agreement. Mrs. Wootley then seconded the motion. Mayor Harmening clarified that it had been moved and seconded to disband the ad hoc advisory golf course committee and send a letter to the County Commission to make their appointments to the committee in accordance with the lease agreement and send the members of the ad hoc committee thanks for their dedi- cation in bringing this golf course into reality and at the next regular meeting, we will nominate our three mem- bers to the permanent golf course advisory committee. Under discussion, Mr. Wright questioned the dismissing of the current committee and Mr. Trauger replied that we must get rid of one committee to start another and Mayor Harme~ing agreed that we cannot have two. Mrs, Woolley asked how many are members of the present committee and Mr. Trauger informed her there are five. Motion carried 4-1 with Mr. Wright dissenting. Mr. deLong moved to lay the question of the bond counsel on the table, seconded by Mr. Trauger. Motion carried 5-0. -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Approve Agreement for Utility Extension - Gene Moore/Pagliarulo Mr. Wolf referred to there having been discussion previously concerning the responsibility for utilities on a property and building permits were mistakenly issued and advised that Mr. Vance has laid out the City Attorney's Position on this matter. An agreement was submitted between Mr, Pagliarulo and the City and it is recommended this be approved. Mr. deLong moved to approve this agreement and make the recommendations a matter of record, particularly from the City Manager, the Utility Department and Mr. Gene Moore. Mr. Trauger seconded the motion. Mr. Cheney added that this is all not in order, but they will proceed when in order. Mayor Harmening clarified that the package is being approved in concept. No discussion. Motion carried 5-0. Accept Utility Easement - Greentree Villas Condominium Association, Inc. Mr. Wolf advised that the legal department reviewed this easement and feels it is acceptable. Mr. deLong moved to execute this agreement, seconded by Mr. Trauger. Mrs. Padgett advised that Mr. Michael Huffe requested to speak. Mr. Michael Huffe, 4866 Equestrian Road, stated his only remark is after a long drawn out affair regarding the sewer system, he is happy to see the City accepted the easement between the Greentree Villas Condominium Associa- tion and the City. Mayor Harmening replied that it should have been recorded with the plat. Mr. Huffe asked if this still h~s to be filed with the County Clerk and Mr. Cheney replied affirmatively, that it will be recorded. Motion carried 5-0. OLD BUS/ Approve Mr. Chef with Qus sewer ii $27,985, They arc closed NESS Utility Agreement - Quail Ridge ey informed the Council that this is an agreement il Ridge to clean up their obligations for the ne extensions. They have offered to pay the City which Mr. Cessna has calculated to be reasonable. offering to pay this now to get Quail Ridge ut, He recommends that it be accepted. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Mr. deLong referred to Mr. Cessna's letter of October 18, 1978 and asked if the recommendations made in this should be discarded and we should go according to the recommenda- tions made on January 9, 1981 and Mr. Cheney replied that is Mr. Cessna's recommendation and he thinks it is a fair agreement. Mayor H~rmening explained how we have done this same thin~ in the past an~ M~. deLong agreed, but pointed out the recommendation made in 1978 was different. Mr. deLong moved to approve this recommendation per Mr. Cessna's memorandum of January 9, 1981 and keep out the 1978 letter because it confuses the issue. Mr. Trauger seconded the motion. No discussion. Motion carried 5-0. At this time, Mayor Harmening announced he had been delin- quent in not making the announcement sooner that the Record- lng Secretary is leaving, Mrs. Kruse was then commended for the job she has done in taking the minutes. Mr. deLong moved to draft a resolution of thanks and Mr. Trauger seconded with adding that a letter of appreciation from the City Council should be prepared. Mr. deLong stated that he trusted the Counc~would find time to attend the farewell luncheon for Sue Kruse. Mr. Trauger then added to his motion that the City Manager be instructed to provide an appropriate plaque or memento to recognize Sue Kruse's outstanding service to the City Council. Mr. deLong seconded this amendment. Amendment carried 5,0. Motion carried 5-0. Accept Utility System - Cypress Creek Mr. deLong referred to reading the recommendation and moved to approve. Mr Wolf added that a bond has not been fur- nished and Mr. ChenE for ~e lift station, $300,000 bond and a~ seconded the mot±on. ment has not reviewE be subject to revie% clarified that his ~ release the bond. ~ bond is submitted fc y advised that it was received tonight Mr. deLong moved to release the cept the utility system, Mr. Trauger Mr. Wolf added that the legal depart- d the new bond and the motion should by the legal department. Mr. deLong otion is if it is found in order, to ayor Harmening clarified that the new r a new section to be started, Mayor Harmening clarified that the motion was to release the bond for Cypres~ Creek, MOtion carried 5-0. -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Discussion of Pedes~.ri~.n Crossing on U. S. 1 & Woolbright Rd. Mr. Wright stated that over the weekend, he received calls from several people regarding the accident which happened on Saturday at the crossing south of U. S. 1 and Woolbright Road. He recalls the discussion which took place last year about this and has followed up on this matter with reading the letter and report prepared by Mr. Spence as requested by Vice Mayor Trauger. The safety of the pedes- trians must be given consideration. He realizes the funds may not be available for a traffic light. In reading the report from D.O.T., approval~has been given to the City to install a light between the two shopping centers. In talk- ing to Mr. Cheney, he has been advised the cost would be approximately $20,000 to do so. He does think it is our responsibility to make sure our pedestrians and citizens are safe. He is concerned because a large segment of our population consists of senior citizens. He thinks $20,000 would not be aSking too much to save a few lives of senior citizens. Mr. deLong agreed and added from his office on the highway on the bench, he has witnessed the last two accidents and has reported them to the City Manager. If the City Manager can see any way to give this the highest of priorities and put something else lower on the list, we should go ahead and have this installed. He then requested the Vice Mayor to comment since he attempted to take action on this previ- ously. Mr. Trauger told about following up Mr. Spence's study with going to the state for funds for thiS light and advised that he only found out about three weeks ago that the state has no funds in their traffic department and cannot even maintain %he lights on 1-95. He also discussed this with Mr. Walker of Palm Beach County and was told they will remeasure and set the cycling of the light. From many reports, it is not timed right for the people to get across. He was told by Mr. Walker that if the City would put in writing to his office that Boynton Beach would bear the full expense of the price and installation of the light, the COunty through the State would put it in and would be responsible for the maintenance if we make this request in writing. Mr. Trauger added there is also the problem of the people from Gulfstream not having a sidewalk in front of the Shell Station. -21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNT©N BEACH, FLORIDA APRIL 7, 1981 Mr. Trauger stated that he recommends that the City Manager do the following: 1. See, with the State, the cost of the installation of a traffic light that would be between Walgreen's and Sunshine Square. 2. Recycling of the light with Mr. Walker's office. 3. Cost of.putting a sidewalk at the City's expense or using the same thing as we have for bike paths fr°m Federal Highway to Gulfstream. Mr. Trauger stressed that he wants positive action and the money to do this can be obtained from budget transfers. Mr. deLong questioned the amount in the Contingency Fund and Mr. Cheney informed him it will be $28,000 after to- night. Mr. deLong referred to this hanging fire for so long and Mr. Cheney replied that he didn't think we should spend $20,000 of that $28.,000 for this project. Mr. deLong questioned where else it could come from and Mr. Cheney re- plied that he thinks this project should come out of some other project in the budget. Mr. deLong referred to chang- ing priorities and suggested taking it from Parks & Recrea- tion as it is important to save life and limb. Mr. Wright referred to there being extra money in Personnel with hav- ing a lot of turnover and Mr. Cheney stated that costs have increased for gasoline and electricity. Mr. deLong re- ferred to many personnel positions not having been filled and Mr. Cheney replied that there has also been inflation. He added that we will have the same situation next year of no surplus to carry over and we are down to the bare mini- mum now. Mr. deLong suggested that the City Council assign the City Manager to see where this money can be pruned from and Mr. Trauger agreed that the City Manager should come back with a recommendation for the funding. Mrl deLong added that possibly we can get some support from the County. Mr. Trauger made a motion that the City Manager be instructed to: 1} See what would be the cost of installation of this light and the things which go with it, such as paving and marking the street, etc. 2) Find the cost of placing a sidewalk from Wool- bright Road to the Gulfstream Apartments. 3) Check on the timing of the light because these two have to tie in with the County Engineer. 4) Contact the County Commissioner's office to attempt to see if funds from this project can come from that source. -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Mr. deLong seconded the motion. Under discussion, Mr. Wright stated that he hopes seeking the funds from the County will not determine what we do with this project; we should proceed whether there are funds from the County or not. Mr. deLong agreed that it should not be contin- gent on County funds and added this must be given prior- ity. Motion carried 5-0. NEW BUSINESS Discuss Land Transfer - Westside Baptist Church Mr. deLong commented that in the past, whenever we went through this type of arrangement insofar as a transfer of land, we usually obtained an appraisal for both parcels of land and Mr. Cheney informed him that we have a choice on this kind of thing. He added that we are not in the posi- tion to make this transfer at the moment. He has dis- covered after fUrther research that the land we received in this area from the County has attached to it the provi- sion that it forever stay in a public purpose. The piece of land the church wants to give us is a little bigger than the piece they want us to give them. He feels the appraised Value, because of the size and location, is close. It would cost extra money for an appraisal. If the Council wants to move in this direction, it is sug- gested that the church would approach the Board of County Commissioners and ask them for a quit claim deed for this piece of land eliminating that restriction on public pur- pose and it would be understood it would be replaced for another piece the church would give us. If approved, he would help them proceed. Mr. deLong clarified that he didn't definitely say we had to get an appraisal, but questioned the City Attorney whether it was necessary to be protected by law. He knows it is the procedure in many municipalities. Insofar as the land, since the fire training station has been deserted, he doesn't know what was going to be· done with it. He is not concerned about the size. Mr. Wolf replied that he could not answer this question right now; however, prior to any transferring being done, he will give a legal opinion. Mr. deLong stated in order to take care of this item, he moves that the City Attorney render a legal opinion inso- far as the transfer, seconded by Mrs, Woolley. Under dis- cussion, Mayor Harmening asked if they wanted to go ahead with the City Manager's recommendation insofar as his con- tact with the church and Mr. deLong replied that he would like to get this legal opinion first, then he would know where we stand. He added if it comes to obtaining appraisals, the church may not want to go ~hrough with it. Motion car- ried 5-0. -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Approve Agreement for Odor Control - City Sewer System Mr. Cheney referred to submitting a memo in reference to this and stated it has been determined that the odor which has been at the regional plant comes from both cities and the solution to our problem appears to be enter- ing into an agreement with a company which would provide us with a product known as Odophos. A representative is pre- sent to explain the technical part of this. It has been researched by the regional~plant and discovered where the odors are. Additional steps have been taken in the City to make a determination where Odophos should be added. It is suggested that an Odophos supply system be installed at Pump Station No. 317 and at the Drexel Master Pump Sta- tion. He then explained the reasons for the odor and how this system would work. Mr. Cheney continued that in addition to recommending to control the odor problem with Odophos, it is also recom- mended that authorization be given to get an estimate and enter an agreement with Russell & Axon to find out what we can do to reverse the flow of that sewer going north to Pump Station No. 317 and tie into the force main in the area of the VoTech School. Mr. Cheney added if there are any questions, the represen- tative is present to tell how it works and why it would be put in. The cost of this project is $90,000 per year or $45,000 this year. Other cities have used this product and spent more than this. We do have an odor problem and should eliminate it. Mr. deLong commented that at the time of planning the re- gional plant would have been the time to change the flow and it could have been subsidized by the federal govern- ment. Mr. Cheney replied that he understands it was pro- posed to EPA and was not proven to be cost effective. Mr. deLong continued that now we must pay for it and there is no doubt in his mind it all could have been employed at one time. The EPA has put the monkey on the back of the taxpayers by denying things which should have been taken care of. Mayor Harmening agreed it would have been more sensible. Mr. Trauger moved to accept the recommendations of the City Manager for solving of the odor control and execute the agreement per the memo of April 7, 1981. Mr. deLong added that we must authorize Russell & Axon to go ahead and Mr. Trauger agreed this is authorizing Russell & Axon to pro- ceed. Mr, deLong seconded the motion. -24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Under discussion, Mr. Wright asked if ther~ is money in the budget for this and Mr. Cheney replied affirmatively as it will come out of the Utility General Surplus Funds. Mr. deLong added that these are funds which cannot be co-mingled. Motion carried 5-0. Review of Proposed Amendments to Occupational License Ordinance Mr. Wolf stated he was asked by the City staff to redo the antiquated occupational license ordinance. There are a number of occupations not listed. The first portion is in reference to coin operated amusements and that whole sec- tion appeared to single out one occupation. He reviewed a number of other cities with similar ordinances and all have removed these regulations. He has suggested removing that entire section. Mr. deLOng stated he has gone over this thoroughly and knows what is trying to be accomplished. In view of the o~tand- ing handyman license, there is no place where provision was made for that and these licenses have been issued. He made a study and there are 49 people having these licenses. He noted on Page 8, Section 15-17.3 - Handyman and Repair Li- cense, it states: "No liCense shall be issued for the occu- pations of handyman, home repairman or building repairman to any person or corporation' that does not hold an effective occupational license for those professions on the effective date of this ordinan'ce. Any person or corporation failing to renew the aforesaid license in a timely manner as pro- vided in this chapter shall forfeit the right to obtain the aforesaid handyman, home repair or building repair license." Mr. deLong continued that what concerns him is some of these people have had these licenses for about eight years and several disabled veterans have these licenses. If acting on this ordinance, he prevails upon the maker of the motion that these people who hold licenses at the present time be notified what their status is and what the future require- ments will be. He would like this particular provision sent to these people under the City Manager's direction. Mayor Harmening stated he is not in any way in favor of abolishing the ~handyman license. In one sense, it is being grandfathered in; but if not renewed, it will be out. Many people complain about high prices. Some elderly people cannot change a light bulb and he is sure some of these handymen are efficient. This is an attempt to regu- late everybody out of business. He would never agree to abolish .this. He doesn't care what the state, county, etc. have to say about it. -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Mr. deLong clarified that he was saying these people should be occupied under these licenses and should be acquainted with the new provisions. Mayor Harmening stated he would be in favor of striking this ~ectlOn-from the ordinance. Mr. deLong clarified there is no provision for a handyman at the present time and Mr. Cheney agreed that it is not listed in the ordinance, but it is being suggested the ones with licenses be grandfathered. We are licensing handymen now, but there is nothing in the ordinance cover- ing them. We must put it in, grandfather them or address them. Mr. Cheney continued that the assumption in this ordinance is are we certifying someone is capable or applying a tax. We are applying a license fee and not certifying that people are capable. The problem is that people go out and say they have a handyman license and the customer feels he is licensed to do something and hires him. There are a lot of problems with men doing things they are not capable of doing. The suggestion is if these people want to continue doing that work, they do it without a license and don't say the City has licensed them and indicate some degree of quality control. Mr. Trauger referred to an attorney needing a license to operate and stated this doesn't mean that he is competent. Mr. Cheney replied that the problem is that we all know an attorney passes the bar, but when a citizen sees a license for a handyman, he thinks he has a quaIified person. Mr. Wolf advised that he talked with the County'Licensing Department and reviewed the State law and one of the pro- blems is a lot of people with a handyman license think they can do certain things. Under the State law, if a handyman contracts for a painting job, the State law says he must be a certified painting contractor. Mayor Harmening suggested that a handout could be given with the license stating sample terms of 'their represen- tation and what they can do. Mr. deLong added that if a handyman is found in violation, their license can be re- voked. There are 49 who have been working here for years and he doesn't believe there have been complaints against them. Mr. Cheney replied that is why they would be grand- fathered. Mayor Harmening added that we don't check the qualifications and some handymen are good and others are crooks. Mr. Cheney clarified this was not meant for action tonight, but was submitted for the Council's review. -26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Mayor Harmening questioned the listing with having several categories having one man in the occupation and the same listing with "registered" and Mr. Howell informed him that the State requires some to be registered and explained if they take a State or County examination, they are registered with the State. Mr. deLong asked if it would be possible to have the Build- ing Official come up with certain requirements of what certain people are privileged to do and Mr. Wolf suggested that it would be better to refer these people to the State law. Mayor Harmening commented that everything can be regulated to the teeth with only creating the price to go up. He then asked what action was recommended and Mr. Cheney re- plied that ultimately if the Council wants to pass this, it will be put on the agenda for first reading. This has just been submitted for general discussion tonight. Mr. deLong moved to lay this question on the table and added if any Council members have any suggestions or recommendations, they should be forwarded to the City Manager. Mrs. Woolley seconded the motion. Motion car- ried 5-0. ADMINISTRATIVE Appoint Members to Municipal Police Officers Pension Fund Board Mr. Trauger moved to accept the memo dated March 30 showing John DeLoach as the high vote receiver to be eligible for this position, Mr. deLong seconded the motion. Under dis- cussion, Mr. deLong commented that three elections were held for this and at the deciding election, the last one, a majority of the Police Department voted and the man re- ceiving the high vote did get the ,majority of votes. He thinks all avenues were exhausted. Motion carried 5-0. Approve City/County FundingAgreement - Recreation Mr. deLong moved to approve this agreement, seconded by Mr. Wright. No discussion. Motion carried 5-0. Mr. Wright requested Mr. Cheney to send a letter to Mr. Curtis Sherrod regarding the improvements for the Rolling Green Park project. -27- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Review Drainage Projects Mrs. Dorian Trauger, 702 S. W. 28th Avenue, asked when they were going to get street drainage in the south end of the City? In this area of the City, they don't have an organi- zational group with tee'shirts, belong to a concerned citizens' group or condominium organization, but they are a sound minority that do pay a sizable amount of taxes. They don't have drainage problems, but have a flooding problem. The water was over a foot deep in her living room. The problems in the n~orth end are minor compared to Chapel Hill. Why hasn't Chapel Hill been considered? The elections are over and districting has been approved and it is time for the south to rise again! Mayor Harmening responded that he believes the largest portion of funds was spent in the south end of the City and Mrs. Trauger questioned where? Mr. Cheney advised at Mango Heights. Mr. Cheney advised that he submitted a memo and this even- ing had hoped to have graphs made. There will be a list of projects which they feel are important, but it does not carry through to the south end yet. He would like the Council to give drainage thought and at the next Council meeting, he will have these listed and also a list of pro- posed street resurfacing projects, so the priorities for drainage and street~.resurfacing can be decided. These projects are those affecting several properties and the major thoroughfares to a large degree and traffic safety. He told about some of the projects to be done. They are aware of the projects that must be done, but must estab- lish a list of priorities. Mrs. Woolley referred to living in Chapel Hill and stated the drain is on the wrong side of the street. She told about having to pump water off her back porch. Mr. Cheney ±nformed.her that swales are proposed for that area. Mayor Harmening added that he also lives in this area and has had 4" of water in his garage. Mayor Harmen±ng suggested a motion to place this on the table until it can be considered in detail and the City Manager's recommendations are received. Mr. deLong so moved, seconded by Mr. Trauger. Motion carried 5-0. Discuss Wrecker Contract Extension Mrs. Padgett advised that five people have requested to speak. -28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTONBEACH, FLORIDA APRIL 7, 1981 Mr. Drew Zuccala stated his business is located at 633 East Industrial Avenue. This wrecker contract is a serious sit- uation to him. The discussion is whether to extend the service with the present contract and he says not to. This contractor has two gas stations in the City, which he feels is improper. He feels it is time for a change now. He has progressed with a new building, new property, and outstand- ing equipment in this field. He told about loving his job and being of service to the Police & Fire Departments in response to their calls. In the past two years, Boynton Wrecker Service has decreased from four businessmen to one. Someone is at his business 24 hours per day and he is dedi- cated. He is here to stay and his job is towing. Mr. deLong referred to the information submitted showing Drew Zuccala as a Vice President ~of Boynton Wrecker Service and Mr. Zuccala agreed this was true about three years ago, but he has resigned. Mr. John Gesch, 2642 Forest Hill Boulevard, stated about two years ago, he was before the City Council and had the pleasure of presenting facts and circumstances on behalf of Boynton Wrecker Service. He set forth the factual sit- uation of Boynton Wrecker Service two years ago. BaSically the pos±tion~of Boynton Wrecker Service is due to the nature of this contract, it should be renewed, the same as it was one year ago. The basis for this feeling i~ the City Attorney's opinion that the law is clear that the City Council is fully empowered to renew the contract without seeking new bids assuming the contract continues under the same terms and conditions. Mr. Gesch then referred to the record of Boynton Wrecker Service and stated a number of unsUbstantiated claims have been made against Boynton Wrecker Service by Drew Zuccala and he believes the City Manager has investigated these claims and he would like Mr. Cheney to enlighten the City Council on the result of the investigation. Boynton Wrecker Service has been recommended by the Police Chief for renewal. The person most likely to determine whether Boynton Wrecker Service is doing a good j:ob would be the Police Chief and he understands he has advised that they are doing a good job. There was an obv±ous purpose for the Council having entered this type of contract originally with the option to renew without bids each year. The purpose of that pro- vision is they are not dealing with materials or a pro- perty type of bid situation, but it is a service contract. The only way service can be measured is by proven perform- ance. Boynton Wrecker Service is doing a good job as evi- denced by the Police Chief. He doesn't believe the City Attorney has submitted a written opinion, but has indicated that case law supports that the City Council can renew this contract as an administrative matter. -29- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Mr. Gesch clarified that the most important thing to be considered is the fact they are dealing with personal ser- vice and bids become secondary. He is sure bids submitted by Boynton Wrecker Service are comparable to those sub- mitted by anyone else. The bids which were presented by Boynton Wrecker Service to the City Council when the City Council dec ~ed on the award to them are substantially unchanged from two years ago. Mr. Frank Gentilquore, 633 East Industrial Avenue, stated this whole contract deal started with five gentlemen own- ing their own wreckers and forming Boynton Wrecker Service; however, it is now down to one man owning the whole group. Before, it was on a rotation basis and he feels it should go back to a rotation basis like ~other cities instead of just having one person doing it all. Everyone qualified should be given a fair shake at the business. Mrs. Woolley asked if he meant bids should be submitted every year and Mr. Gentilquore replied negatively, but it should just be doze on a 'rotation basis. Mrs. Woolley asked if everyone wo~ld have the same price and Mr. Gentilquore replied affirmatively as it would be set by the City council. He added that everyone would have a fair chance and just not one person. Mr. James Ellis, 190a North Federal Highway, stated on February 14, he was ~nvolved in an accident and Boynton Wrecker Service was called to the scene. He was hospi- talized and out of w~rk for a few days. There is a State law in Florida that a wrecker service is required to hold a vehicle fox a minimum of 45 days. An insurance adjuster was sent out to look at his car at Boynton Wrecker Service on February 27 and at that time, he found out his car wasi crushed and demolished. He had personal' things in the car which he was not able to remove. He never saM the car again. This is a prime example of gross negliigence. He understands there can b ' ' e a mistake in any b~siness, but. this should be con- sidered when a decisilon is made tonight. Mr. Jack Powell, attorney from West Palm Beach represent- ing Zuccala Wrecker S~rvice, referred to being present at the meeting in June 1~79 and having the minutes trans- cribed verbatim by thle Recording Secretary and stated the whole thing was extremely confusing. Prior to the meeting, Mr. Cheney recommende~ Mr. Zuccala as he submitted the low bid a~d was a qualified person. Halfway through the meet- ing, it was decided b~ca~se Mr. ZucCala did not have his own track record, they should approve Boynton Wrecker Service. -30- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Mr. Powell then read some of the statements made at the previous meeting. He then stated that tonight, he had the opportunity to inspect the business locations of Zuccala and Boynton Wrecker Service. Boynton Wrecker Service looks like a place to store wrecked vehicles. There is no security at all. The office is a half block away and nobody was there at 6:00 P. M. The specifica- tions require 24 hour service. When going to Mr. Zuccala's proper~y, it was secure with a dog and someone was there. The tr~cks are top notch and the yard was clean. Service is delivered by Zuccala in a professional manner. The bid from Z~ccala was $9 cheaper per car picked up. He under- stands there is not to be a resubmittal of bids and looks to thi Council the same as a Board of Directors having a duty t. the citizens of Boynton Beach. Look at the records and they Will see.that Zuccala Wrecker Service has a faster response time and 24 hour service. There is a man at the office at all times. He has been made aware that Mr. Zuccala's people are trained in rescue as well as for wrecker service. He feels there is a duty upon the Coun- cil to have this resubmitted for bids, which is no risk or cost to the Council. If Boynton Wrecker Service can deliver good service for the lowest price, then go with them; but if another company is just as qualified or more qualified and their service~ is at a cheaper price, they would be exercising their responsibility as a Council by saving the taxpayers $9 per t~w and when towed, it will be kept in a secure place. The specifications state a car cannot be destroyed for 30 to 60 days. The Zuccala Wrecker Service more than meets the specifications. At the previous meeting, there was concern about Mr. Zuccala's office being in Delray Beach, but now he is firmly estab- lished in a new building by 1-95. He cannot see no reason for not doing what is best for the community. There is no risk here for the City to have service Contracts submitted to bids. Then, they will be able to find out who can serve the City best. He encourages the Council to vote to open this for bids again and feels they have the duty to do that. Mrs. Woolley questioned how much money was spent on towing this year and Mr. Cheney replied that very little was spent as their service is mainly to tow for residents. Mr. Trauger moved to accept the recommendation of the City Attorney and of the Police Chief and renew this contract w±th Boynton Wrecker Service for the next year as supported by the memos of March 16 and April 2, 1981. Mr. Wolf clari- fied that the City Attorney does not make a recommendation and gave the opinion that the Council has the authority to -31- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 make a decision. Mr. deLong clarified that the City Manager did present certain questions to the City Attor- ney for input and the reply was that the contract can be renewed. Mrs. Woolley stated she did not see a letter from the Police Chief and Mr. Cheney agreed there was none. He added that we have not found a problem with Boynton Wrecker Service and have no objection to their contract being extended. The Police Chief feels they have per- formed. There have been a few complaints, but not seri- ous ones. Mr. Trauger clarified that his motion was to renew the contract with Boynton Wrecker Service. Mr. deLong seconded the motion. Under discussion, Mr. Wright ques- tioned why this wasn't put out to bid and Mayor Harmening replied that the last time, we had to go out for bids a few times and it gets into a big hassle every time. Mrs. Woolley questioned why and Mayor Harmen±ng replied that there seem to be several companies actively engaged in trying to get this contract. Mrs. Woolley asked if the one bid was lower and Mayor Harmening informed her that the higher bid was accepted because it was considered to have better service. He added that Mr. Zuccala has left that corporation and Mr. Zuccala responded that he didn't believe that company was competent and formed his own com- pany. Mr. deLong referred ~to the service being reasonable and performance being good and stated from the statement from the Police Chief and City Manager, there is nothing detrimental in the service they have been performing. There are complaints to any business. As long as the service is satisfactory, he sees no need for a change. Mrs. Woolley asked a~out rotation like the other cities do and Mayor Harmenihg informed her that the Police De- partment prepared a rotation list and tried to call them in rotation, but explained how they had run into problems. Mr. deLong added tha~ we tried that system, but it didn't work and the exclusive contract was prepared. Mr. Cheney told how competitionlbetween the wrecker services had killed the rotation system. Motion carried 3-2 with Mr. Wright and Mrs. Woolley dis- senting. Budget Transfer Request - City Attorney Mr. deLong referred ~o reading this over and stated he has no objection. He moved to grant this budget transfer re- quest, seconded by Mr. Wright. No discussion. Motion car- ried 5-0. -32- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~PRIL 7, 1981 Application for Zoning Approval for Beverage License - High Ridge Country Club, Inc., 2400 Hypoluxo Rd., Lantana, FL Mr. Trauger moved approval of this application, seconded by Mr. deLong. Motion carried 5-0. Mrs. Woolley referred to the Lantana address and Mayor Harmening informed her that it is technically in Boynton Beach. Request for Temporary Trailer - Home Federal Savings & Loan Association, 100 North Congress Avenue, Boynton Beach Mr. deLong moved to grant, seconded by Mr. Wright. cussion. Motion carried 5-0. Approval of Bills Mr. Cheney read the following bills for approval: No dis- e Allen Insurance Agency Endorsement increasing blanket fire insurance Pay from General Fund 001-192'519-40-43 - 4,632 Pay from Water & Sewer 401-395-539-40-43- 2,316 6,948.00 BBR General Contractors, Inc. For emergency leak in force main from St. Andrews over to J. C. Park Pay from Water & Sewer Rev. 40t-351-535-40-3F 2,810.00 Board of County Commissioners Use of County landfill for month of February Pay from General Fund 001-341-534-40-9A 10,025.00 Boyle Construction Co., Project 626-681-45-6 Est. #2 44,425.12 Pump Stations 316 & 319 for period 2/20 thru 3/20/81 Pay from Utility General Fund 403-000-169-11-00 75% re-imbursable from EPA Grant C-120496010 CaldWell, Pacetti, Barrow & Salisbury Professional services Civil Service hearing - Buchan Pay from General Fund 001-141-514-40-6J 1,238.90 Bill Currie Ford 26,643.00 For 4 Ford Fairmont Sedans - Police Dept. Pay from General Fund 001-211-521-60-81 23,228 Pay from Fed. Rev. Share 320-211-521-60-89 3,415 -33- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 Davis Industries, Chemical Div. For 10,500 gallons of Odophos Pay from Water & Sewer Rev. 401-352-535-30-65 1,998.00 1,930.00 Ernst & Whinney, CPA's Final billing for professional services 9/30/80 Financial statements Pay from various funds 5,809.00 Garden Store 14 Sabal Palms from' Knollwood Easement to Sara Sims Pay from Fed. Rev. Sharing 320-000-247-09-00 1,120.00 10. Halsey & Griffith To install moveable partitions - Police Dept. Pay from Fed. Rev. Sharing 320-211-521-60-29 Per bid 2/24/81 - Council approved 3/3/81 3,403.20 11. Harber Chevrolet, Inc. For 1 Chevette Hatchback Pay from Water & ~Sewer Rev. 401-391-539-60-83 State contract 070-00-81-1 5,718.25 12. Lassiter Construction Co., Appl. #6 For Wilson Municipal Pool Pay from General Fund 001-000-115-87-00 Re-imbursable from Comm. Dev. Agreement 31,809.60 13. Longview Lime For' Pebble Quick Lime for Water Treatment Pay from Water & Sewer Rev. 401-332~533-30-65 11,467.73 14. Regency Dodge 57,077.76 For 8 Police Cruisers Pay from General Fund 001-211-521-60-81 - 35,765.76 Pay from Fed. Rev. Share 320-211-521-60-81 - 21,312 State Contract 070-00-81-1 15. Service Industrial Supply For Self-priming Centrifugal 6" Trash Pump Pay from Water & Sewer Rev. 401-352-535-60-42 Per bid of 2/10/81, Council approved 2/17/81 7,888.00 16. Seyfarth, Shaw, Fairweather & Geraldson Legal services during January, 1981 Pay from Gen. Fund 001-141-514-40-6L - 4,815.05 001-141-514-40-64 - 3,825.05 8,640.10 -34- MINUTES - REGULAR CITY COUNCIL MEETING B©YNTON BEACH, FLORIDA APRIL 7, 1981 17. South Central Regional Wastewater Treatment & Disposal Board 25,000~00 City portion of additional funds to cover expenses attached to the furtherance of Step II & minor amendments Pay from Utility General Fund 403-000-169-11-00 18. South Central Regional Wastewater Treatment & Disposal Board Services in treatment and disposal of wastewater for month of March 1981 Pay from Water & Sewer Rev. 401-353-535-40-91 37,848.00 19. Richard L. Shephard & Associates, Inc. For flagging north R/W of Golf Road for construction of force main Pay from Utility Gen. Fund 403-000-220-64-00 1,098.00 20. Southeast Underground Construction Est. #2, Proj. No. 626-681-59-6 Force Main - Miner Road to Congress Pay from N.W.~ Developers escrowed acct. at First Bank & Trust 22,745.07 21. Southeast Underground Construction Est. ~2, Proj. No. 626-681-56-6 Water Main - Co-ngress Ave./Miner Road Pay from N.W. Developers escrowed acct. at First Bank & Trust 107,333.07 22. Southeast Underground Construction Est. ~2, Proj. No.. 626'681-45-6 65,770.34 Force Mains 316 & 319 - EPA No. C-120496020 Pay from Utility General Fund 403-000-169-11-00 75% re-imbursable from EPA 23. Russell & Axon Professional services rendered on various projects Pay from following accounts: 403-000-169-01-00 4,125.36 403-000-169-11-00 17,227.60 403-000-220-64-00 4,049.96 25,402.92 24. Isiah Andrews Driver for Senior Citizens Club - 3 weeks Pay from Fed. Rev. Sharing 320-641-564-40-5A Ordinance #73'15, passed 5/15/73 165.00 -35- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 7, 1981 25. Willie Ruth McGrady Server for Senior Citizens Club - 3 weeks Pay from Fed. Rev. Sharing 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 14'4.00 Mr. deLong referred to the bills having been found in order and moved that they be paid, seconded by Mr. Wright. No discussion. Motion carried 5-0. ADJOURNMENT Mr. deLong moved to adjourn, seconded by Mr. Trauger. Motion carried 5-0 and the meeting was properly adjourned at'10:55 P. M. ATTEST: ~Clerk ~ cording Secretary (Four Tapes) CITY OF BOYNT~ BEACH, FLORIDA BY~~~~ Mayor -f Vice Ma~r~ ~ ncilmember -36-