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Minutes 04-15-80MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 15, 1980 AT 7:30 P. M. PRESENT Betty Riscoe, Mayor Edward F. Harmening, Vice Mayor Joe deLong, Councilman Norman F. Strnad, Councilman Walter "Marry" Trauger, Councilman Peter L. Cheney, City Manager James W. Vance, City Attorney Betty Boroni, Deputy City Clerk Mayor Riscoe welcomed everyone and called the meeting to order at 7:30 P. M. She announced the Invocation this evening will be given by Councilman Walter M. Trauger and the Pledge of Alle- giance to the Flag led by Councilman Norman Strnad. She re- quested everyone to please stand. AGENDA APPROVAL Mr. Cheney stated under Announcements, he would like to give a brief report on the public hearing on buses which he attended today. Under Administration, Item F, there is already one request for solicitation permit and he would like to add another for Galaxy School. Mr. Vance stated he would like to delete Item A under Site Development Plans, as there has been a request from C & H to withdraw this application. Mr. deLong stated he would like to add, so the City Council can take some action or disposition, discussion of the letter received from the Homeowners Association of Boynton Leisure- ville relative to the performance bond in Section 10 under Administrative, Item D-4. Mr. Harmening moved for adoption of the agenda as corrected, seconded by Mr. Trauger. No discussion. Motion carried 5-0. ANNOUNCEMENTS Mayor Riscoe stated that she hopes everyone has noticed the Boynton Beach Business Fair will be held this coming weekend~ April 19 and 20, at the Civic Center. There has been quite a bit of publicity about this and she understands it will be large. She suggests that everyone stop by this weekend. Mayor Riscoe announced that a public hearing on zoning will be held on April 16 and 30 in the Council Chambers at 7:30 P. M. Mayor Riscoe announced a meeting will be held to interview potential beach consultants regarding restoration of our beach on April 29, 1980 at 7:30 P. M. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 Mr. Cheney referred to a public hearing being held today by the Board of County Commissioners on the bus system throughout the County and told about a cross town, looped bus route which will be started in Boynton Beach. The north/south route will con- tinue on Seacrest Blvd. and Federal Highway. He referred to both routes being run at hourly intervals and outlined the hours of operation seven days a week. He reminds everyone to look at the May 4 Sunday papers as the full bus schedules and information will be printed in a supplement. He added that it looks like the route to the beach may help solve park- ing and access problems. MINUTES Regular City Council Meeting - April 1, 1980 Mr. deLong moved the adoption of the minutes, seconded by Mr. Harmening. No discussion. Motion carried 5-0. PUBLIC AUDIENCE Mayor Riscoe announced at this particular time if there is anyone in the audience who would like to speak on any subject not on the agenda to please come forward and give their name to Mrs. Boroni, who is sitting in for the City Clerk. Mr. Fred DiSalle, 1316 S. W. 18th Street, referred to conserv- ing energy and stated the proposed bike paths are a step in this effort. However, in establishing a bike path system throughout the City, it is of utmost importance not to disturb the tranquility of our citizens. More specifically, the bike path along S. W. 18th Street, which is presently experiencing increased vehicular traffic, would not be in the best interest of the Leisureville residents. He explained how this would increase the possibility of the danger of personal injury both to bike riders and pedestrians with this street just being barely wide enough to handle traffic. The hazard problem was well recognized several years ago and was brought to the atten- tion of the City Council at a meeting in February, 1973, and he read from these previous minutes. They request there be an alternate route for the bike path instead of S. W. 18th Street. A bike path through the heart of any residential area is not in the interest of the citizens. He requests the Council to please give some assurance to the residents gathered here this evening that some positive action will be taken relative to this matter. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 Mrs. Elizabeth Todd, 2003 S. W. 18th Street, stated she concurs with the previous speaker. She told how in 1973, the City Council saw fit to have the bikes and pedestrians taken off the highways and put in the path east of Congress Avenue. She then referred to a recent article in the newspaper and read about a fraternity from Indiana who came to this area and rode bikes from Delray Beach to West Palm Beach every morning. She stated she is glad S. W. 18th Street was not designated because these 65 people may have found 18th Street to be a short cut to West Palm Beach. One person told the City Council a number of years ago that experience has taught the most effective way to eliminate a hazardous problem is to avoid creating the pro- blem and this City Council now has the opportunity to do just that. Mr. Trauger referred to being a major promoter of the bike path system and stated he welcomes these objections being submitted and this valuable input being given. The plans were drawn up based on where the greatest population would be served. Since this is not desired in Leisureville, we will go back to the drawing board because there are ways of avoiding Leisureville. When the plan is prepared again~ he is going to recommend to the Parks & Recreation Department that it be presented to the Leisureville Association so we will have their concurrence. The path on 18th Street can be eliminated and also the one on Golf Road if they desire. We want to satisfy the people who will use them and Leisureville has the largest population of bike riders in the City. We will cooperate with Leisureville. Mayor Riscoe stated she believes it would be in order to direct the City Manager by motion to request Mr. ~derick to take the existing plan back to the drawing board and come up with alternate routes and go to the Leisureville Association to make sure there is no conflict. Mr. Trauger so moved, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Mr. Dan White, Director of the Community Action Council, re- ferred to having a housing problem in the City and explained about a survey being taken which determined this. He then read the statistics of families applying for housing assis- tance and stated 115 families were denied assistance last year because they were unable to find a place to live in Palm Beach County. He would like the City and the Board of Adjustment to work with Housing & Urban Development to get funds to bring more housing into Boynton Beach. Housing is needed and he would like the variance request reconsidered for the housing project presented in Boynton Beach. -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 Mrs.Myra Jones, 311 N. W. 4th Avenue, stated she is here to- night to address the City Council as well as the audience in reference to this same issue. She is speaking in behalf of the Concerned Citizens Voters League of Boynton Beach. They were disappointed to hear the Board of Adjustment denied the variance requested by the Palm Beach County Housing Authority for a building permit to build 93 houses badly needed. There will be an increase in land costs of about $25,000 if the Board does not reconsider their decision. To build there now, the Palm Beach County Housing Authority must delete three units which will require an amendment to the application. The pro- ject could be lost due to costs and time. It has taken the Housing Authority approximately two years for this project and has been very difficult for the citizens of this community and other County agencies to participate in this federally funded program. It is possible it may take two or three years to implement if the Board does not reconsider. Also, employ- ment opportunities will not be offered to the citizens as the Housing Authority promised. There would be ten jobs for main- tenance at this facility. The single family homes will be larger than most in the area with three bedrooms and one bath, 1,300 square .feet, and built to meet all City codes. She realizes they must listen to the concern of other citizens; however, others who do not live in this area could not voice their concerns about this project. This project will be bene- ficial to those who have had their homes demolished and those unable to find affordable housing. The Concerned Citizens Voters League requests the Board to reconsider their decision which was made. Mrs. Jones then stated as a citizen for the past eleven years, as a single parent, and a very poor mother in this community, she has a lot of faith in this Council and in the people who run this City that they will consider having put here what is needed for the people to upgrade their standards of living. She researched the voters' registration and has found those poor people who do not have anything voted for this Council. The people who have fine homes and cars are not necessarily concerned. The people who don't have anything registered to vote and went to the polls and voted. She then referred to there being a great deal of senior citizens in this area who cannot afford to move to other areas and have lived here most of their lives and stated this is not asking for a lot. The people must have a place to go with the demolitions taking place on 10th Avenue. There has been criticism about people not keeping up their homes, but the houses will be kept up. She thanks the audience and City Council for listening. -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 Mr. Jackie Bolden referred to having had many problems in Boynton Beach regarding housing and stated it is a shame when seeing something of this nature occur. He referred to Mr. Jefferies making application in 1976 to build low income housing on North Seacrest Blvd. between 6th and 9th Avenues and stated this was turned down and statements were made by the Council. He disagrees with the statement made at that time that the project would become a slum in three years. They are still fighting the everlasting battle of trying to get decent housing. Multi-million dollar housing is being built every day to the west of us. Between the Board of Adjustment and the City Council, there is no particular person at fault; however, there is a stopping point as far as poli- tics when peoples' lives are concerned and it affects their future and their children's growth. This was a private firm willing to invest in this area and they secured approval from HUD. It is agreed that housing is needed and this decision is just undermining HUD's approval. If they are not going to think about this very closely before this developer forgets about this project, there will be quite a number of blacks here that have.not been here. 1980 will not be kicked off as they did in the 1970's. They want progress. They want to grow within the community. There is a certain degree of responsibility this Council owes to the northwest section of Boynton Beach. They need housing. People can be trained to maintain if they are given the opportunity. This project is vital to their community. They have not heard the last from Andrew Jackie Bolden. Everyone will know someone is not com- pelled enough to assist them and these agencies to establish decent housing. Decent housing is needed. If the Council is not going to help them, they will have to move a step further and let the whole county know there is someone here who does not give a darn about the blacks or minorities. If they must, they will use persuasion, exposure or lawsuits. Mr. deLong stated he believes the time has arrived for the City Attorney to explain to these people who come in here protesting about housing that the Board of Adjustment is a quasi-judicial Board set up under State Statute and the City Council has no control over that particular Board. He thinks the place of redress would be the court of proper jurisdiction. Mr. Vance stated the Board of Adjustment of the City of Boynton Beach is an independent entity. The Board's decision is final. To appeal a decision, they must go to the circuit court. The City Council cannot influence their decision. Their decision is based on the information presented to them. The City Coun- cil can take no action with respect to a decision by the Board of Adjustment. Mr. Bolden informed him that it definitely will be appealed. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 Mr. Cheney added that at the Board of Adjustment meeting, there was a lot of discussion and the attorney, Mr. Wolf, was present and he went through the issue of what the role of the Board of Adjustment is in granting variances. He told about the attorney giving the Board guidance at that particular meeting BIDS Sixty (60) Traffic Manhole Covers & Rings Mr. Cheney informed the Council this is in connection with the Bristol Springs sewer system and the charge will be to the Bristol Springs account. It is recommended the City Council authorize acceptance of the low bid from U. S. Precast Corp. in the amount of $6,009. He added that two bids were received on this. Mr. deLong moved to accept the recommendation of the Tabula- tion Committee, seconded by Mr. Harmening. No discussion. Motion carried 5-0. One (1) High Pressure Power Washer Mr. Cheney referred to four companies having bid on this item and advised the Tabulation Committee recommends acceptance of the bid from Merrill Fox Enterprises of West Palm Beach for the sum of $.2,275. A lower bid was received from Chemical Concepts of Fort Lauderdale in the amount of $1,895, but a demonstration of the equipment could not be arranged until April 22 after this meeting; plus the fact if parts or service become neces- sary, they will be easier to obtain from Merrill Fox. Mr. deLong moved to accept the recommendation of the Tabula- tion Committee and award the bid to Merrill Fox Enterprises~ seconded by Mr. Harmening. No discussion. Motion carried 5-0. PUBLIC HEARING - 8:00 P. M. NONE SITE DEVELOPMENT PLANS Application for Entrance Sign, Submitted by Sam Scheiner, President of Los Manqos Homeowners Association Mr. Sam Scheiner requested the Council approve this application for an entrance sign to Los Mangos on S. E. 27th Terrace. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 Mr. Harmening moved to grant approval for the sign at the en- trance to Los Mangos subject to the sign code and the sign to be outside of the easements. Mr. deLong seconded the motion. No discussion. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 80-9 - Re: Gulfstream Professional Center (Tabled) Mr. Vance requested this to be left on the table. Mr. Harmening moved to leave this on the table, seconded by Mr. Trauger. Motion carried 5-0. Ordinances - 1st Reading PrOposed Ordinance No. 80-17 - Re: Amend Sign Ordinance - Menu Signs Mr. Vance read proposed Ordinance No. 80-17 by title on first reading. Mr. deLong moved adoption on first reading of Ordinance No. 80-17, seconded by Mr. Harmening. Under discussion, Mr. Cheney advised that a representative was present to speak on this. Mr. Bernard Baker, attorney representing the owners of Popeye's, explained that the sign, which is the subject of this ordinance, permit people to order food from the restau- rant from their cars. He explained how such signs were a benefit to handicapped and elderly people, who find it diffi- cult to get out of their cars to obtain food. The signs are typically located at the rear of the building and are not vis- ible from the highway. Such signs are allowed in surrounding municipalities and are a benefit to the public and do not creat'e a problem in terms of appearance. He suggests this ordinance is appropriate and be approved. Mrs. Boroni then took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Motion carried 5-0. -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 Resol'utions Proposed Resolution No. 80-J - Re: Amend Job Description of Fir'e ~Chief· ~Tabl'ed) Mr. Harmening moved to take this proposed resolution regarding the job description of the Fire Chief from the table, seconded by Mr. deLong. Motion carried 5-0. Mr. Vance read proposed Resolution No. 80-J by title. Mr. deLong moved adoption of Resolution No. 80-J, seconded by Mr. Trauger, No discussion. Mrs° Boroni took a roll call vote on the ~otion as follows: Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Motion carried 5-0. Proposed Resolution No. 80-K - Re: Amend Job Description of Training 'O'fficer ~.Tabl'ed) Mr. Harmening moved to take this proposed resolution from the table, seconded by Mr. deLong, Motion carried 5-0. Mr. Vance read proposed Resolution No. 80-K by title. Mr. deLong moved adoption of Resolution No. 80-K, seconded by Mr. Harmening. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Strnad Councilman Trauger Councilman deLong Vice Mayor Harmening Mayor Riscoe - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. 'O'ther Clarification of'O'rdinance No'. 79-30 Mr. Vance referred to submitting a memo regarding this item and Mayor Riscoe requested that he read it. Mr. Vance then read: MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA "Subject to the request of C¢ Charter with respect to determinJ sections are in conflict with Se¢ was adopted October 15, 1976. M the repeal of Sections 60, 61, ar minated inasmuch as the ordinance Agent were automatically repeale~ 76-43 (Section 49 of the Charter For the benefit of Council, I wo' procedure of Section 49 of the C~ heads appointed by the City Mana¢ tion by Council." Mayor Riscoe stated this is self· Discuss Amending Civil Service Ru Section 3 Mr. Vance stated in respect to~ai Rules, he read Section 72.9 of th ETING APRIL 15, 1980 ~ncil, I have reviewed the .ng whether any other Charter ~tion 49 of the Charter which 'review indicates that with d 69, all conflicts were eli- s referring to the Purchasing by the adoption of Ordinance at the time of its adoption. ld reaffirm that under the ty Charter all department er are subject to confirma- explanatory. les & Regulations - Rule X, endments to the Civil Service e Charter. In his opinion, amendments to the Civil Service the acting Personnel Officer and Manager and presents to the City it is necessary this procedure b~ standing the proposed changes wil Rules should be initiated by he proceeds through the City Council. Under this wording, followed. It is his under- 1 come up shortly. Mr. deLong replied that he is in Attorney on this decision. In r~ this item aroused his curiosity. City Council is sufficient notic~ prepare the appropriate resolutio Rules. He bases this belief upon the Charter stating: "The govern composed of five members elected nated as the City Council of the disagreement with the City viewing tonight's agenda, He believes action by the to the City Attorney to to amend the Civil Service Article II, Section 15, of ing body of the City shall be ~t large and shall be desig- ~ity of Boynton Beach, Florida." Also, Webster's Dictionary define~ the act of "governing" as: to exercise authority over, rule, control, etc., to influence the actions of, guide and to dete~mine. The language in the Charter and dictionary, in his op powers among elected officers and referendum of the voters as provll Home Rule Chapter 166-021, Paragr~ in this act shall be construed to special law or municipal charter of powers among elected officers of the electors as provided in Se Although authority to recommend t~ appointed officers in a certain ii prevent the elected officers from that the Mayor and any Council me~ approval or rejection policy, ord~ amendments thereto. By the same rescinding same. -9- [nion, is a distribution of can only be nullified by a ~ed for in House Bill 1020 ~ph 4, with states: "Nothing permit any changes in a ~hich effect the distribution ~ithout approval by referendum ~tion 166.031 Florida Statutes." amend was also giv~ to ~stance, there is nothing to doing likewise. ~t is clear ~ber can initiate for Council .nances, resolutions and/or ~oken, they can also initiate MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 Mr. deLong then read his motion and discussion from the minutes of April 1, 1980. He then read the discussion and statements made at the Civil Service Appeals Board meeting of April 9 re- garding this proposed amendment. He then clarified that the Mayor, City Manager and City Council know personnel matters are strictly confidential and are not subject to be discussed at open meetings. He protests the ruling of the City Attorney based on House Bill 1020. Mr. Vance replied that he is not discussing the merits of the proposed amendment. He referred to the Charter provision regarding Civil Service Rules. The language is specific and requires the procedure be followed from the Personnel Director through the City Manager to the City Council. The City Council does not have to accept the rules presented, but can amend in any way. The language of the Charter provision is quite speci- fic. Mr. deLong explained there are only seven provisions in the Charter that cannot be changed by ordinance. The Home Rule Act permits this particular section to be changed by ordi- nance. Mr.. Vance agreed this possibly may be true, but he has not had a chance to look at it and would like to review the House Bill 1020. Mr. deLong read the Home Rule Act, House Bill 1020, effective October 1, 1973 and also Florida State Statute 166.031. Mr. Vance referred to the rights of municipal employees and Mr. deLong replied the rights pertain to fringe benefits, wages, etc., but not amendments to the rules and regulations. Mr. Vance stated he would like to review the case law under this section. Mayor Riscoe clarified that at this particular point as far as discussion of the Civil Service Rules and Regulations, Mr. Vance is deferring until he has an opportunity to review the Home Rule Act and case laws. Mr. deLong asked if the Council was going to proceed with the amendment and Mr. Harmening replied that he was told by Mr. Vance the proposed amendment would be coming up at the next City Council meeting and Mayor Riscoe suggested that a vote be taken at that time. Mr. Vance added that Mr. Cheney has indicated the proposed rules will be coming to the Council for consideration at the May 6 meeting. Mr. Cheney agreed and advised this amendment will be included. Mr. deLong stated that he wants a decision whether or not this House Bill 1020 is legitimate, whether the distribution of powers granted under House Bill 1020 stands up. Mr. Trauger clarified that he needs a ruling made whether it applies in this case. Mr. deLong stated he wants to know if what the City Attorney read is included in a referendum required by the people. Mr. Vance replied that he will have this prepared for the May 6 meeting. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 OLD BUSINESS Landscaping - FEC Right-of-Way Mr. Cheney referred to landscaping along the FEC right-of-way and stated the issue is we hame to cut the trees down that have grown too tall. We cannot let them grow over two feet tall. We find these Australian Pines cannot be trimmed and look decent at two feet. There is a possibility we can obtain in- surance that will allOw us to keep the trees there and in essence will hold the FEC Railroad harmless for any liability to the trees being located there over two feet high. Another city has this insurance and the FEC Railroad has found it ac- ceptable. He wants to know if the City Council wants to spend $3,000 to $5~000 for such an insurance policy for these trees. Then, it must be determined if we can buy insurance and if the FEC Railroad will accept such an insurance .policy. His feeling is this whole effort may be an exercise in futility. He recom- mends that we cut the trees down. Mr. Strnad commented in reply that he didn't particularly see any advantage to have the trees alonq the railroad. He cannot see spending the taxpayers' money for insurance when there is no benefit. Mr. Trauger suggested that these trees possibly be transplanted to other locations. Mr. Cheney agreed this possi- bility was going to be looked into and he didn't mean just to cut them down. Mr. Harmening added that if it is possible to transplant them, the area along the sewer plant on 1-95 would be a good location. He cannot see spending $3,000 to $5,000 annually for an insurance policy. Mr. deLong reminded the Council that a plan was just approved for a developer to con- struct a decorative masonry wall on the other side of the railroad tracks. Mr~ Trauger moved to accept the City Manager's recommendation to remove the trees from this location, seconded by Mr. deLong. No discussion. Motion carried 5-0. ~eport on Police Firing Range Mr. Cheney referred to submitting a report and stated basically he was asked by two Councilmen to look into the question of a firing range for the Police Department. This report indicates sometime ago, the City had an agreement with the Fraternal Order of Police. At that time, there was a clubhouse on the site. In 1977 after a lot of discussion, the lease was amended and an agreement made for the City to build an additional shell onto the clubhouse with this to become a police pistol range. -11- MINUTES - REGULAR CITY COUNCIL MEETING B©YNTON BEACH, FLORIDA APRIL 15, 1980 Mr. Cheney continued that he believes the understanding was the F.O.P. would raise money to complete the pistol range for use. The building was completed in 1977 at a cost of $30,659. As far as he can tell, nothing has taken place on this site in regard to this particular part of the building. The F.O.P. uses the front part for their club activities and the rest of the land is an outdoor range. The outdoor range will not be safe much longer. Mr. Cheney stated his recommendations are that the City Council authorize that we take steps to explore obtaining an indoor firing range that is directly controlled, developed and main- tained by the City, possibly by one of the following procedures: (a) Arrange for the current shell building to be returned to City control and that the City appropriate neces- sary funds and proceed with completing an indoor fir- ing range. This would require review, clarification and amendment of the existing lease. (b) Take steps to develop an indoor firing range in another facility to be used either just for City purposes and/or possibly joint use with other public bodies. Mr. Cheney stated his main feeling is we ought to have a range controlled by the Police Department for their use and control. He doesn't really think we should expect the F.O.P. to raise the money. He estimates it would cost about $30 000 to $40 000. A pistol range is needed. ' ' Mr. Strnad asked if he had contacted any members of the F.O.P. to find out their feelings on this proposal and Mr. Cheney replied that he has not asked them to formally react. He did discuss the history with the President and the Executive Com- mittee, but has not received an official report. Mr. Strnad commented that it was a shame to have this building just set- ting there when it only needs exhaust fans and targets to use it for a pistol range. Mr. Strnad stated though the legality should be checked as if it is under City jurisdiction, he doesn't believe they would be permitted to have alcoholic beverages there. Mr. Cheney clari- fied that the lodge wouldn't be taken away from the F.O.P. His suggestion is just to redefine the lease and cover from the party wall. Mr. Strnad continued that as one of the persons who originally sat down with the F.O.P. to get this shell con- structed, he would like to sit down with the F.O.P. members and discuss this with them and find out their feelings. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 Mr. deLong stated having been interested in this for quite sometime, he agrees with the City Manager that no expenses should be incurred by the F.O.P. He is very sorry the ori- ginal plan of the Council of 1976 was not implement~ where we intended to spend $80,000 to put something out there that was going to be a pride to the surroundings. Mr. deLong moved to pursue the recommendations of the City Manager to sit down with the officers of the F.O.P. includ- ing Councilman Strnad and see what they can work out. Mr. Harmening seconded the motion. Under discussion, Mr. Trauger referred to this subject being dear to his heart and stated he would like to see if it could be worked ou~ to have a time period for the citizens of Boynton Beach to have the opportunity to fire their own pistols on this range under supervision. Mr. deLong agreed and suggest~ to see if we can come up with some kind of plan to give the Police Department and citizens an appropriate range and building to hold their different installations as they do in other cities. Mayor Riscoe suggested that Mr. Cheney visit the P.B.A. build- lng in Delray Beach. Motion carried 5-0. Discussion of Community Relations Board Objectives Mr. Cheney referred to the beginning of the year when the City Council raised the question about the objectives of the Community Relations Board and advised there are not a great number of boards like this in the area. The Board has been struggling with this. They have put forth an indication what they think might make sense as Board guidelines for the Coun- cil's consideration. They would appreciate if the Council would adopt these if they think they make sense or suggest any changes. Mr. deLong referred to reading all the minutes of the Com- munity Relations Board and stated he would want to study these suggestions further as far as the ramifications. He then moved to lay this on the table, seconded by Mr. Trauger. Under discussion, Mayor Riscoe added that she was the one that said guidelines were needed for this Board and made a promise she would attend their meetings, but has not done so. Motion carried 5-0. Report on Boat Ramp Area Repairs to Boat Docks Mr. Cheney reported they did go to the boat ramp area and will proceed on the ramp repairs. They also took a walk out on the jetty and boardwalk. It is recommended that the last -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 50 feet of the walkway be removed. We will still have a lot of area for people to walk on. The wood could be saved and used for repairs in other places. Two places on the jetty have sunk which they feel can be repaired. He thinks it does make sense to keep most of the walkway, but the last 50 feet is not needed. Mr. Harmening replied this seems like a rea- sonable suggestion and they should proceed with the repairs. Review of Question of Seekinq Income Mr. Charles Frederick referred to sUbmitting a report in April, I979, and asked if there were any questions on this report. This covers many boat ramp areas in the county determining the systems used. Only Lake Park charges a fee which is a marina concept. He asked if the Council is pri- marily concerned to have a system of fee structures which will be revenue producing or are they concerned with control- ling the amount of traffic? Mr. Strnad replied that he has used the Lake Park ramp for a number of years and was im- pressed with their system. He told about a gentleman being there to direct the traffic. He has noticed that the traffic at our ramp has not been as heavy as it was before. However, if the traffic dOes increase again, he would like to see some control, just on weekends when it is busy. Rs far as the fee at Lake Park, there is an honor system with paying $1 to launch a boat. This is a pretty reasonable fee to launch a boat at the inlet. Mr. Frederick replied that Lake Park and our ramp are not comparable. Mr. Strnad informed him there were only launching ramps at Lake Park before the marina part was built. Mr. Frederick stated when he talked to the dock- master at Lake Park, he indicated the revenue taken in did not pay for the help to control it. If we are looking at the revenue standpoint, we would have to charge a lot of money to pay the help. Mr. Frederick added that as the report indicates, many people were interviewed at the ramp and most indicated they were happy with the situation and were not having problems with launching at the ramp. He recommended three alternatives: 1. Implement a fee system for use of boat launching faci- lities. 2. Employ a part-time attendant/caretaker to work peak time periods being responsible for restroom/building maintenance, general grounds cleanliness, and traffic control at ramps as needed. 3. Continue the existing operation as is, while monitor- ing the use, implementing additional control proce- dures at a point when demand on the facility is sub- stantially greater. MINUTES - REGULAR CITY COUNCIL MEETING APRIL 15, 1980 BOYNTON BEACH, FLORIDA Mr. Strnad suggested since the traffic has slowed down that we just take it easy until it gets bud again. Mr. Frederick informed him that normally on weeken~ 60 boaters at peak times; it will be crowded on weekends, the same as other facilities. and the restroom situation. needed out in the open. The bigges A centr~ Mr. Trauger suggested we table the ps continue with the improvements as rec basis hang until there is a need. Ms ~s, there are still 40 to t problem is cleanliness lized, modern restroom is rt of a fee basis and ommended; leave the fee · Cheney added the faci- lities could be addressed in the upccming budget. NEW BUSINESS NONE ADMINISTRATION Water & Sewer Connection for Gulfstream Professional Center !Tabled) Mr. Harmenin~ moved to leave this on the table, seconded by Mr. Trauger. Motion carried 5-0. Approval of Funding for Hibiscus Park Mr. Cheney requested the Council to approve the revised fund- ing schedule submitted which meets th~ requirements. Mr. Harmening moved to approve the revise~ funding for Hibiscus Park as presented, seconded by Mr. Tr~uger. No discussion. Motion carried 5-0. Review of Street Name Change in Leisu~ Mr. deLong referred to this whole thi] surface due to the fact an ambulance in Section 10 and stated the complain to Section 10 and drew a sketch of Section 10. He also found out there Street in the old section and found last week. The Council approved the City Manager to change the names to D~ are about 46 homes affected in the o1~ they are personally concerned, they a~ under the present circumstances. He mitred to continue in view of the fac~ for many years without any problem Sectionl~, there are only ten hom~ have them changed according to the Ci~ tion for Circle and Drive. -15- ~eville ~g being brought to the ~ould not find a house came to him and he went S. W. 20th Streets in ~s another S. W. 20th it about another one 'ecommendations of the · ive and Circle. There section and as far as 'e willing to continue ~equests they be per- they have been there As far as the people in nd they are willing to y Manager's recommenda- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 Mr. deLong moved to take care of Section 10 as recommended and forget the old part of Leisureville, seconded by Mr. Strnad. A woman in the audience requested the signs to be changed. No discussion. Motion carried 5-0. Discussion of Following Items at Request of Councilman deLonq Sewerage Mr. deLong referred to a survey or in-depth study being made as far as the sewerage rates and stated many people are disturbed about paying on a fixture basis. We have not had any reports insofar as giving the go ahead to change this system. Community Appearance Mr. deLong referred to the Community Appearance Board continu- ally requesting their proposed Landscape Ordinance and stated it is very vital and important that the City Attorney review and submit this ordinance. He told about the developer remov- ing the foliage and trees at Rainbow Gardens. The sooner we get this ordinance, the better it will be to preserve the locations with beautiful trees. Requests Mr. deLong stated this is not meant in any manner of criticism, but for the last 53 days, he has been getting bugged why a request has not been honored for a white line on N. E. 2nd Court. He explained how this stree~ has a dangerous curve going north and the people are concerned about accidents. All that is needed is a white line painted in the middle of the street. He is sure the City Manager will take care of this this week. Letter from Leisureville Mr. deLong moved to honor the request sent to Mr. Clark from Leisureville and instruct the City Manager that this perform- ance bond will not be released until such time as the Board of Directors in Leisureville approves same. Mr. Cheney in- formed him that no bond is released until Council approves it. Mr. Cheney encouraged the people in Leisureville to continue to call the Building Department to be sure everything is done properly. He is not sure we can legally put the release of a performance bond in the hand~ of a homeowners association. Mr. deLong replied that he did not mean to do this, but we must make sure the developer has filled the bill and complied with what he is supposed to do. Mr. Cheney added that we may come to a disagreement and the Council may agree the bond has to be legally released regardless of the association. -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 Mr. Leo Feinstein, 1390 S. W. 17th Avenue, stated it is not just the homeowners being concerned about the performance bonds being returned to the builder, but he thinks it is in- cumbent upon the City Council to r~alize there are things which have not been done as far as the City itself is con- cerned. On S. W. 17th Avenue, the gutter is poorly constructed and weeds are coming through on this street dedicated to the City. The City will have to repai~ this if the developer does not. Certainly the Board of Directors and all the people liv- ing in Section 10 absolutely insist this performance bond not be released unless they are notified. They want it emphati- cally understood they must know this bond will not be released unless they are notified. Mr. Vance replied that he is sure %his will be done. For their information, the bonds the City has can only cover public im- provements being installed by the ~eveloper. The bonds do not apply to the private structures being built The bonds only apply to public improvements in connection with filing of the plat. Mayor Riscoe added the City is aware there are some problems and the residents won't have to worry about the bond being released until the City is satisfied. Request for Temporary Construction Trailer at 4455 North Ocean Boulevard - First National Bank of Palm Beach Mr. Harmening moved this request b~ granted, seconded by Mr. Strnad. No discussion. Motion carried 5-0. Applications for Permits to Solicit~- Leisureville VFW Post Galaxy School Mr. deLong moved to grant these permits, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Request for Zoning Approval on Beverage Application - Joanne Leibmann, dba A to Z Discount Beverage, 517 N. Federal Highway Mr. deLong referred to everything being found to be in order and moved to approve this request, seconded by Mr. Trauger. No discussion. Motion carried 5-0. Requc Mr. ~ deLon List Mr. H Strna st Authorization to Dispose of Records armening moved to grant authorization, seconded by Mr. g. No discussion. Motion carried 5-0. of Payments - Month of March, ~980 armening moved these be placed~on file, d. No discussion. Motion carried 5-0. seconded by Mr. -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 Approval of Bills Mr. Cheney read the following bills for approval: Allen Insurance Agency Insurance for 1980 Dempster Dumpmaster Pay from budgeted funds 001-193-519-40-41 3,672.00 Advance Air Cond. & Heating, Inc. 3,120.00 For Lennox Model #HP9-511V-5A Heat Pump Condenser Unit for Wilson Civic Center Pay from General Fund 001-192-519-40-35 $ 120.00 Pay from Fed. Rev. Share. 320-721-572-60-73 3000.00 Aqua Chem Co., Inc. 5,412.99 Pebble lime for Water Treatment Plant Pay from Water & Sewer Rev. Fund 401-332-533-30-65 Isiah Andrews Driver for Senior Citizens Club 2 weeks Pay from Fed. Rev. Sharing Fund 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 110.00 Willie Ruth McGrady Server at Senior Citizens Club 2 weeks Pay from Fed. Rev. Sharing Fund 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 96.00 Edwards Electric Company 8,610.08 Emergency replacement of Main Circuit Breakers damaged by Chlorine Leak Pay from Overpayment Acct. 401-000-115-31-00 Has been turned over to our insurance agency and may be re-imbursable. Intercounty Construction Corp. Est. #17 Lift Stations 317, 356 and 359 Pay from Utility Gen. Fund 401-000-169-11-00 75% Re-imbursable from E.P.A. Grant Contract dated 10/26/78 33,354.50 E. N. Murray Est. #3, Proj. 626-681-36-6 23,823.39 Water Main to Congress Pay from 1978 Water & Sewer System Construction Fund 401-000-169-02-00 Contract dated 12/18/79 Neptune Meter Company 11,212.00 To pay for various size Water Meters Pay from Water & Sewer Rev. Fund 401-333-533-60-51 -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 10. Rubin Construction Co. For pavement resurfacing for various streets Per D.O.T. proposal at $34.40 per ton Pay from General Fund 001-411-541-60-31 49,564.76 11. Rowland Truck Equipment, Inc. Necessary repair to mechanism #27 Packer Approved by Mr. Cheney Pay from General Fund 001-341-534-40-33 1,900.00 12. South Central Regional Wastewater Treatment & Disposal Board Services in the treatment and disposal of 19,369.25 wastewater for March, 1980. Pay from Water & Sewer Rev. Fund 401-353-535-40-9I 13. R. J. Sullivan Corp. First Partial Payment for Pump & Discharge Pipe Contract - Mango Heights Drainage Pay from General Fund 001-411-541-60-5C 3,240.00 14. Earl Wallace Ford, Inc. Parts for equipment, etc. Pay from General Fund 001-193-519-40-32 Pay from W. & S. Rev. 401-395-539-40-32 1,244.59 1,124.96 119.63 15. Russell & Axon Professional services on various projects to be paid from following accounts: 401-000-169-01-00 11,257.29 401-000-169-02-00 18,752.55 401-000-169-11-00 6,199.66 401-000-220-61-00 3,495.82 39,705.32 Mr. deLong moved that the bills be paid, having been found in order by the City Manager, seconded by Mr. Harmening. No discussion. Motion carried 5-0. ADJOURNMENT Mr. Strnad made a motion to adjourn, seconded by Mr. Trauger. Motion carried 5-0 and the meeting was properly adjourned at 9:25 P. M. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 15, 1980 CITY OF BOYNTON BEACH, FLORIDA ATTEST: Mayor ~~~/~Mayo r /~ouncllman/ ~'~ouncilman Recording S~cretary (Two Tapes) -20- MEMORnNDUM TO: FROM: CITY COUNCIL VIA CITY MANAGER TEREESA PADGETT CITY CLERK DATE: We now have disposal authorization f~om .the State of Florida, Division of Arehives~ on the following reeo~d.s: 1-~ .APPLICATIONS.'FOR BEACH' PARKING PERMITS 11/1972 'thru ' 9/1978 (not microfilmed ) '.,2. TEMPORARY BEACH PARKING PERMiTs 1i/1972. thru [9/1978 (not microfilmed) With. your approval we will proaeed to destroy the above named records. TP/ec '~-'-- .~'~'.'r~ o~ ~LoR,o,~ ' (, NOTICE OF INTENT il' Div";oq °f Archlves. Hist°fY a"dR~0rds,Management TO DESTRoy SCHEDULED RECORDS ~~) ~20 N.E. 2nd Ave., P. O. BOx D10 . ~oynton BeaCh, Flo~ ~ ida 55455 , . . -p, EC' ta uLAHA~eE,- FLO~A~3j~ Tepee.sa 'Padgett (505) 75228111 Ext. 251 6. ,NOTICE OF INTENTION: Th e scheduled re~ords li~ted ir~ Item 8' are- to ~ ~ 'of in ~e manner- choked bel~: ~ c. Other 7. SUBMITTED. By: " ' I hereby ce~i~ that the ~ords ~ be ~ of am cor~tiy repre~nt~ ~ow and that any audit r~en~ f~ ~ r~or~ 8. RECO~ D SERIES LI~ Schedule Item No. 1 '2. Title Applications for Bea6h Permits ' Temporary Beach Parking ~ rki ng dL e. Destruction inclusiv~ Volume Actior and Date Dates Approval 11/1972. 9/1976 9/1976 9. DISPOSAL AUTHORIZATION Disposal for above listed red. letions or .2 and Records Management-' 10. DISPOSAL CERTIFICATE The above Iistec[ records ha~e be~n disla~se~ of ir~ the rnanne~ and oft the date shown in column t. Signature Da.t~ Type Nameand'Titl~- " / DEPARTMENT OF STATE ! ' NOTICE OF INTENT ~" ~" I .! ! ~ R~o~ds Managemen[ . J ' ' ' ' ' ' ~' P~E i . · Form DS-RM 107 (1 72) ~ - ' ~ND DISPOSAL CERTIFICATE .. ~' u~ty of Boynton Beach I. Cit,, Clerk'~ ~ '' ' ', Boynton Beach,' ~ ~ 0%4~% - choked beloz,: TO: - - ~ ~ ~ ~ DIVISION OF ARC~$, HISTOBY -'. , - AND R~CORDS~ANAGE~ENT ' 7. SUBMI~ED BY: " ...... '" ' repre~nted ~low and'~al a~ audit r~uir~ea~to~ Type Nameand fid~ _ _ . _ ' 8. RECORD SERIES LiST a. b. .g. Schedule Item Title No. . No. - 2 ~pplications for' Beach ~arking Permits , ~i2572 thru .20015 Temporary Beach Pamking Permits 61565 ,-thru 4378 DISPOSAL AUTHORIZATION. Disposal for above listed records is authorized. Ainy deletions or % and Records' Managemen~ Date~ 10/-1976. 9/1978 -10/t976-- 9/1978 10. DISPOSAL CERTIFICATE ~ cu. ft. date ~own in Colum~ f. Signatu~ ' ' Dale' Type'Na~,~"aTit~ ' " · ...... '. Witne~ ' ADDRESS (Strut, Ci~ and Zip Code) ]O0 N. E. 2nd Ave, P. O. Box 510 ~ ynton Beach, Florida 53455. ;' D-~P~RTUENT OF STATE NOTICE OF INTENT r~t'3.~ ' ' - Division of Archives. History and TO DESTROY SCHEDULED RECORD NOTICE ~O. 7 Form DS-RM 107 (1 72) AND DIsPosAL CERTIFICATE I~ . ~. AGENCY ' I ~ o~ws~o~ 3. ~U.REAU ~empo~a~, ' ' - ~ City of Boyn~0n .BeaCh' I'.. ,Cit~ Clerk' s, Of~e - Beach -Pa~n~ P~t,s TO: DEPARTMENT OF STATE DIVISION OF ARCHIVES, HISTORY TALLAH-ASSEE, FLORIDA' 32304 : Mr. R. Rawls Item t4o. Schedule No. Tereesa Padgett (505) 732-8111 6. NOTICEOF INTE~'iTtON:. choked be~ow: 7. SUBMITTED I here~ ce~i~ that the ~oe~ , .T~a ~Pa~ett, City Clerk '. 'TYpe Nam~ and I~e ' ' ' 8. RECORD SERIES LIST 'Temporary Beach Parking Permits tnclus~ Date~ 3-013_9/75 10. DISPOSAL CERTIFICATE DISPOSAL AUTHORIZATION Disposal for above listed records is authorized. Any dele{ions or modlficatl, red~ NAR2 8 1980 Action ~, Approval ~e. date ~o~ in column f.;. .- Signa~re Type Name and Ti-tie