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Minutes 04-01-80MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 1, 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 Tereesa Padgett, City Clerk James W. Vance, City Attorney Mayor Riscoe called the meeting to order at 7:30 P. M. She announced the invocation tonight will be given by Reverend Douglas H. Smith, First United Presbyterian Church, followed by the Pledge of Allegiance to the Flag led by Councilman Joe deLong. She requested everyone to please stand. AGENDA APPROVAL Mr. deLong stated in view of the fact he has items on the agenda which are placed under Administrative and Councilman Strnad has requested his items be placed under New Business which preceeds Administrative, at this time he requests Item C to be deleted under Administrative, Traffic on Federal High- way, since there is no sense in being repetitious and he can join with Mr. Strnad. He would like to substitute Sewer Board as Item C. Mr. T~auger requested the addition under Legal, Item 9 - Clari- fication of Ordinance No. 79-30. Mr. Cheney requested an additional announcement relative to a special meeting of the Council prior to the next Council meet- ing pertaining to the general employeesw pension. This will be held at 6:30 P. M. on April 15. We will meet with the pension advisor to discuss the pension program. Mr. Cheney then requested the following additions under Admini- strative: M - Approval of the After Care Budget for the Child Care Center N - Approval of Temporary Trailer for Chamber of Commerce in Connection with Business Fair O - Approval of Utility Agreement with Oakwood PUD in the County Mr. Trauger moved approval of the agenda as amended, seconded by Mr. deLong. Motion carried 5-0. ANNOUNCEMENTS Mayor Riscoe announced a public hearing will be held on amending the zoning maps to conform with the Comprehensive Plan on April 16 and 30 at 7:30 P. M. at City Hall and the public is invited. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Mayor Riscoe read a Proclamation proclaiming the month of April, 1980, as Local History Month. Mr. Cheney referred to this Bicen- tennial celebration of the Scrapbook taking place unfortunately when the City Council has a hearing on the zoning and added that the Historical Society has asked for some representation. Mr. deLong replied that all the members of the City Council have received an invitation. He moved to instruct the City Manager to send a letter of regret to the president, Mrs. Ross, to the degree that we have a meeting that same evening on the compre- hensive zoning. Mr. Harmening seconded the motion. No discus- sion. Motion carried 5-0. Mayor Riscoe told about receiving a telephone call from a lady in Lake Wales who is related to Ge founder of Boynton Beach, who will be coming to present pictures at this ceremony. Vice Mayor Harmening then read a Proclamation proclaiming the week of April 13 through April 19, 1980, as National Library Week. Mr. Cheney announced there will be a special meeting, a workshop type meetingr at 6:30 P. M. prior to the next City Council meet- ing to meet with the pension advisors for the general employees' pension fund and hear some recommendations relative to the pension system. This will be held on April 15. MINUTES Regular City Council Meeting - March 18, 1980 Mr. deLong moved to adopt the minutes as recorded, seconded by Mr. Trauger. No discussion. Motion carried 5-0. PUBLIC AUDIENCE Mayor Riscoe requested anyone in the audience who wanted to speak on anything on the agenda to please give their name to the City Clerk, Mrs. Padgett. She announced that anyone who wishes to speak on anything not on the agenda to please come forward at this particular time. Mr. Robert Dittman, Attorney representing G & M Fresh Foods, advised they have a franchise for Wuv's Restaurant being built on South Federal Highway. He would like the Council to give some consideration to exempting Wuv's from certain provisions of the sign ordinance. This was before the City Council re- cently, but he doesn't know if the Council had the benefit of the background information. There was consideration being given to redrafting the sign ordinance to provide for menu boards on drive-thrus. They are seeking an exemption for this particular location. It is expected that 40-45% of their busi- ness will occur from drive-thru business. There are advantages to these signs especially for handicapped people. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Mr. Dittman continued that as far as detriment to the community, his client, Mr. Corcoran, will comment. There will neither be detriment to the people on the street, McDonald's, or the develop- ment to the south. The menu board will only be visible to the customers. He would like to have the Council consider an appro- priate ordinance exempting this location to allow a menu sign. Mr. Strnad replied that he doesn't believe there is any such thing as having an exemption from an ordinance. The ordinance would have to be changed by a public hearing. We cannot ex.~mpt anyone from an ordinance. Mr. deLong asked if this went before the Planning & Zoning Board and Mr. Annunziato replied negatively and advised this was a request directly to the City Council. Mr. deLong asked if our sign ordinance precludes this type of opera- tion and Mr. Cheney informed him the current sign ordinance does preclude this type of board. He added that the Council voted 4-1 not to consider an amendment to the sign ordinance when this request was brought before them. Mr. deLong referred to possibly being in error when making his previous motion because he did not have full knowledge and there was no representative present at that time, but stated that he has made a study of this and visited the premises and the location will be obscured from the street and he cannot see how it would be objectionable. They do not have any outside amplifier. It could not be obnoxious. It is in a commercial district. The new building to the south will be a buffer to the multiple dwellings. Mr. deLong moved to take steps to amend the sign ordinance to permit this type of sign~ a menu sign. Mr. Harmening seconded the motion. Mr. Vance clarified this would simply be directions to the staff to prepare the proper ordinance amendment. Under discussion, Mr. Harmening commented that it seems this is not actually a sign. It is pretty standard in the fast food indus- try to have this drive-in window with a menu~sign with a micro- phone so people can place their order. Wouldn't it actually be a matter of interpretation or opinion whether this is actually a sign in the sense of our sign ordinance and Mr. Vance informed him the way our sign ordinance is written, this does fall within the terms of the ordinance. He thinks the proper method would be to amend the sign ordinance to permit this. Mayor Riscoe asked if this sign would be at eye level to a car and Mr. Dittman responded affirmatively. Mayor Riscoe questioned the dimension and Mr. Dittman replied this would be set by the City staff. He added that neighboring communities such as Delray Beach and Boca Raton allow these and also the franchises can provide information on what they have done in other areas. Mr. deLong clarified that he didn't want to open the flood gates on this. In the drafting of the amendment, there should be some stop gaps. It should be at the Council's prerogative. Mr. Cheney advised that he suggested not over 4 to 5 feet and only -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 at drive-in windows. Mr. deLong stated that he is concerned about the location and explained how it would be obscured at Wuv's. He added that it doesn't have any outdoor amplifica- tion. Mr. Cheney clarified there is a speaker in the sign so the person in the building can speak to the person in the car. He added that Popeye's installed one and they have been told they must take it down. Mr. deLong added that there was one at the Holiday House and the people in that area continuously complained. Mr. Dittman informed them that the sign proposed to be used by Wuv's will be 30" x 48" Mr. Trauger suggested hearing input from the owner and Mr. Joe Corcoran responded that he thinks Mr. Dittman has told nearly everything about the sign. He doesn't think it will be a detri- ment to anyone in the neighborhood. The persons speak into this from the car. It is eye level. It cannot be seen from the street. They have done everything requested by the City. He assures them that when this building is complete, it will be the prettiest in the neighborhood. Motion carried 5-0. Mrs. Bonnie Hall, 110 S. E. 3rd Avenue, stated she was here about Resolution No. 80-G in regards to regulating train whistles at crossings. She questioned the intent of this resolution and Mr. Cheney informed her the intent was to ask the State Legislature and any other controlling agencies to review the question of warning signals and address the matter and take whatever action is appropriate. This resolution was passed at the request of the citizens and Mayor of North Miami asking the cities along the coast to address this issue. He explained there was a bill submitted last year to post additional controls on the tooting of signals, but that particular bill did not get out of the com- mittee. A number of communities are concerned° The purpose of the resolution was to respond to the peoples' concern and ask the Legislature to look into it. Mrs. Hall stated speaking for herself and the people she has talked to, they do not seem to mind the sounding of the whistle. She then read and presented a petition objecting to prohibiting the sounding of whistles as it is felt this is a backup safety device. Mr. Cheney informed her that this is the opposite of the requests his office has received. Mr. Strnad referred to the noise being more severe since sending the resolution and Mr. Cheney told about a representative from the F.E.Co Railroad calling him to inquire about the real concern. He added if some engineers are tooting their whistles more lately than before~ he is convinced it is not F.E.C. policy. They are also concerned about the safety question. -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Mr. Strnad asked if the letter has been made public from Talla- hassee stating if the train whistles are stopped, the State may be liable for accidents in case of failure of a crossing device. Mr. Cheney explained that he does send certain people informa- tion regarding this who have expressed interest, but he is not sure a copy of this particular letter was sent. Mr. deLong stated that this has appeared in the press. Mr. Ken Hall, 110 S. E. 3rd Avenue, referred to the improved section of Seacrest Blvd. from North 2nd Avenue to Woolbright Road and stated it appears this is the only section without curbs or gutters and there is a swale area between the roadway and sidewalk. He asked if these swale areas are going to be grassed and is the City going to maintain these areas and Mr. Cheney informed him the swale areas will be grassed. He added that some of the swale areas haven't been constructed as deep as we think they should be and we have asked the County about this. The County will be responsible for maintaining the swale areas since it is a CoUnty road. Hopefully the people living along Seacrest Blvd. will be willing to mow the area if it is not done often enough. Mr. Hall asked if there was some reason why this area was a swale area and the other two sections were not and Mr. Cheney replied that it was probably felt there was adequate right-of-way to put in a swale. Mr. Harmening added that the South Florida Water Management District requires the first one inch of rainfall to be maintained on the site and that is the purpose of swales. Mr. Hall stated that he hopes it will be maintained and Mr. Harmening replied that probably ultimately the City will be responsible for it as he suspects the County will turn this road over to the City when it is fin- ished. BIDS One (1) Trash Scow Body (Sanitation) Mr. Chen~ informed the Council that one bid was received from Advanced Fabricators in the amount of $4,457. Two other firms indicated they could not bid. He recommends this bid be awarded in the amount of $4,457 because it is about $500 less than the estimate we made. Mr. deLong moved to accept this recommendation of the Tabula- tion Committee, seconded by Mr. Harmening. No discussion. Motion carried 5-0. One (1) Unitized Intelligence Device (Police Department) Mr. Cheney explained that it was thought there we~ other poten- tial bidders for this, but when bidding~ we found there was only one source. It is recommended the bid be awarded to Audio Intelligence Devices in the amount of $2,495. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Mr. deLong moved to accept this recommendation of the Tabula- tion Committee, seconded by Mr. Harmening. Under discussion, Mr. Trauger commented that he read the literature on this unitized intelligence device and presumes it is a smart set, but he does not know what it does. Mr. Cheney informed him it is a compact suitcase size collection of equipment used by detectives and the vice squad activities in the City to ease their operations in a compact way. Deputy Chief Hamilton added that it will be used mostly for narcotics work in the vice squad. He explained how it would be used in narcotics enforcement. Mr. deLong referred to having an ordinance stating we don't have to go out for bid on anything under $5,000 and Mr. Cheney informed him we go out for bid on everything over $1,000. Motion carried 5-0. PUBLIC HEARING NONE SITE DEVELOPMENT~PLANS Applicant: Request: Lake Worth Mariner Village, submitted by Robert Hamilton, President (Tabled) Change Plat to delete a portion of private road construction Mr. Trauger moved to take this from the table, seconded by Mr. deLong. Motion carried 5-0. Mr. Annunziato referred to the applicant being present and stated he may wish to take a different route on this and will offer clarification. Mr. Bob Hamilton referred to his engineer having been in con- tact with the City and stated he has to assume the necessary information which was not available at the last meeting is now available. Where we previously got confused was concerning the bond, which is not an issue. He has requested that three lots be excluded. The~lots should have access and this should be ad- dressed with leaving a portion of the existing bond intact in order to protect the City so the private road is built. His engineer and the City Engineer should determine the amount that private road would cost. At the time he approaches the City Council to release the bond, a portion will be held from final release until such time as this private road has been built. Mr. deLong referred to this being tabled until getting a recom- mendation from the City Engineer and City Attorney and Mr. Cheney clarified the original request on the part of Mr. Hamilton was to not have to build this private driveway to these 3 lots. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA APRIL Ir 1980 Mr. Cheney continued that he thinks the issue of drainage was not necessary at the time. He believes Mr. Hamilton is now saying in essence that this whole matter can be withdrawn from the agenda and his bond will stay in force and at some time, a portion of the bond will be retained to cover the roadway. The drainage is an administrative matter. The request now is to withdraw and let this go the normal course. Mr. Harmening moved to strike this from the agenda, seconded by Mr. deLong. No discussion. Motion carried 5-0. Applicant: Hunter's Run Golf & Racquet Club submitted by Chuck Gilbert~ Agent Location: Summit Boulevard Use: 140 Multi-Family Units, lakes, pool, roads and bath house, on 16.709 acres Request: Approval of Preliminary Plat Mr. Annunziato informed the Council this application is for approval of a preliminary plat which has been reviewed by the Technical Review Board and Planning & Zoning Board with posi- tive recommendations made. The site plan has been approved by the City Council. He pointed out the area on the map. He then read the memo from the City Engineer listing the follow- ing comments pertaining to the staff review of this preliminary plat: 1. Cost estimates for improvements to B-1 and B-2 should be broken down and a schedule of quanti- ties with unit prices submitted. 2. The Utility Department stipulated that water meters should not be indicated in paved areas and that water and sewer lines should be ten feet from any buildings. 3. P.C.P.'s (Permanent Control Points) should be shown on the plat map for Tract B-2 as indicated in the legend. Mr. Annunziato added this memo is appropriate for this prelimi- nary plat and the preliminary plat which will follow. The recommendation of the Planning & Zoning Board and Technical Review Board is this be approved subject to comments. Mr. deLong moved to approve this contingent upon the comments of the staff, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Applicant: Location: Use: Request: Hunter's Run Golf & Racquet Club submitted by Chuck Gilbert, Agent Summit Boulevard 164 Units (Apartments & Townhouses) with Community Building, lakes~ pool & road on 21.28 acres Approval of Preliminary Plat -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Mr. Annunziato informed the Council this is the second plat submitted by Hunter's Run and he pointed out the location on the map. He explained how the tracts were inter-related with utilities and roads. The same recommendations are applicable to this plat. It was recommended this be approved subject to staff comments. Mr. deLong moved approval with the same requirements, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Applicant: Request: Mariner Village of Boynton Beach submitted by Robert Hamilton, President Consider changing Marine Drive from Manor Drive north to N. E. 12th Terrace from a two-way private street to a one-way private street running south Mr. deLong stated he made a study of this particular neighbor- hood and as far as he is concerned, this is more sensible than the present situation. This should avoid a lot of mishaps in the future. Mr. deLong moved to approve the changing of this street to one way mn a southerly direction. Mr. Harmening seconded the mo- tion. Under discussion, Mr. Annunziato informed them that the procedure followed was to send notices to the people living on these three streets. Several people appeared at the Planning & Zoning Board meeting and spoke in agreement to this change. It would be one way from N. E. 12th Terrace to Manor Drive. It was also reviewed by the Police Department and City Engineer. Mr. deLong further explained the layout of the streets in this area. Motion carried 5-0. Applicant: Request: Hunter's Run, Tract B-1 and B-2 Consider Approval for final plats Mr. Clark informed the Council the final plat documents have been submitted on Tracts B-1 and B-2. The bonding requirements~ inspection fees, etc. were all submitted to the City. The Water Management District requested us to hold up the building permits until they have executed the agreement for the drainage and this is no problem. We will not issue a building permit even if the plat is recorded until we get these documents from the Water Management District. Mr. Vance clarified this will have to be approved contingent to receiving the appropriate documents. Mr. Cheney added that originally we were going to do that, but the Water Management District is satisfied if we record the plat but withhold the permits. When Hunter's Run solve their problems with the Water Management District, they can then get building permits. Mr. Vance stated that once the plats are recordedr they can sell lots. Mr. Harmening suggested -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 approving subject to receipt of the appropriate approvals from the Water Management District and Mr. Vance stated he would like the agent to agree to that specifically. Mr. Paul Hykel stated as long as he gets the permits from the South Florida Water Management District, he can get the plat recorded. Mr. Vance stated that until the appropriate permits are submitted from the South Florida Water Management District~ the plat will not be recorded° We will approve the plat subject to receipt of those permits. It will not be signed and recorded until those permits are delivered. Mr. Hykel referred to the Board not meeting until May and questioned how quickly the plat could be executed and Mr. Vance informed him that mechanically it can be executed in a couple hours. Mr. Hykel then expressed agreement. Mr. Harmening moved to approve the final plats for Tracts B-1 and B-2 for Hunter's Run subject to and contingent upon receipt from the Water Management District of the appropriate documents. Mr. deLong seconded the motion. No discussion. Motion carried 4-0. (Mr. Trauger had left the room.) Applicant: Request: High Ridge Country Club Consider approval for final plat Mr. Clark informed the Council this is a boundary plat under one ownership. It will be for the club with no City maintained im- provements. There is an agreement that they will connect to City water when available. They will do this at their expense. The agreement will hold the City harmless for any damage done to their property. When the water is available, they will aban- don their temporary fire protection facilities and potable water. They did submit an inspection fee for checking the drainage on the Site. No bond is required. The recommendation is the City approve the plat and execute same so it can be recorded, subject to an agreement being signed by the City with the hold harmless clause regarding restoration of private property. Mr. Vance advised that the appropriate agreement has been worked out which satisfies the requirements of the Engineering and Utilities Departments. He has been assured by the High Ridge attorney this is acceptable. If the Council sees fit to approve the final plat, the motion should also include the proposed agreement and authorization to execute same and should be sub- ject to recording. Mr. Harmening stated subject to the recommendation of the City Attorney, he moves to approve this plat subject to an agreement with High Ridge Country Club and the proper officials in the City sign it and .subject to execution by the parties from High Ridge County Club. Mr. deLong seconded the motion. No discus- sion. Motion carried 5-0. -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Applicant: Via Lago Request: Consider approval for final plat Mr. Clark informed the Council this is the plat for the construc- tion of the buildings which will be built east of Bernard's. All of the fees including the recreation fee, filing fee, in- spection fee and bond have been submitted to the City. The plat documents have been checked and signed except by the City. He recommends the City approve the final plat, so it can be recorded. Mr. Harmening moved to approve the final plat for Via Lago. Mr. Trauger seconded the motion. No discussion. Motion car~ ried 5-0. Request to Extend Period of Preliminary Plat - Meadows 300/ C & H Plat #1 Mr. deLong referred to the City Manager recommending this be extended for one year and Mr. Cheney added that we have ex- tended one other plat in this area for one year whiCh seems to be a reasonable period of time. Things can change in a year. It can be extended again. One year is acceptable to the deve- loper even though he originally indicated 18 months. Mr. Daniel Carnahan, Engineer, stated that possibly this should be postponed because the attorneys would like to discuss this. Mr. Vance stated that a two week deferrment would be appropriate if the applicant desires. Mr. Carnahan added that he under- stands they have until May and thinks to avoid discussion to- night, this should be tabled for two weeks. Mr. Harmening moved to table, seconded by Mr. Trauger. carried 5-0. Motion LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 80-9 - Re: Gulfstream Professional Center (Tabled) Mr. Vance advised this was not ready and Mr. Harmening moved to leave this on the table, seconded by Mr. Trauger. Mr. Vance added that he hoped to have the necessary advertising require- ments and revised C-3 zoning at the next regular meeting. Motion carried 5-0. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Proposed Ordinance No. 80-10 - Re: Revisions to Ordinance 79-18, City Utility Systems Mr. Vance read proposed Ordinance No. 80-10 by title on second reading. Mayor Riscoe asked if anyone in the audience wished to speak in favor of this ordinance and received no response. She asked if anyone wished to speak against this ordinance and a gentleman replied that he has read the ordinance and met with his client. There was no basic disagreement with the ordinance, but they wanted a few clarifications. He believes one of the attorneys was going to diScuss it further with Mr. Vance. Mr. Cheney clarified that two corrections were to be made: on Page t0, the column A figure of 43.478% should be 55.56%, and on Page 8, Section F-l, an additional sentence should be added "Where the property is under development, sewerage and water system exten- sions shall not be installed until:" Mr. Harmening asked if this would have to be re-advertised and Mr. Vance replied negatively as these are basically clerical errors. The gentleman clarified that he wanted to be sure there were no major changes and Mr. Vance agreed there were not, but these were strictly clerical errors. Mr. deLong moved, including the additions that were stated by the City Manager~ that we adopt Ordinance No. 80-10 on second and final reading, seconded by Mr. Harmening. Under discussion, Mr. deLong added this was based on the opinion of the City Attor- ney. Mrs. Padgett took a roll call vote on the motion as follows: Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Motion carried 5-0. Proposed Ordinance No. 80-11 - Re: Zoning Ordinance Amendment Pro- viding for AG (~Agricultural District) Mr. Vance read proposed Ordinance No. 80-11 by title on second reading. Mayor Riscoe asked if anyone in the audience wished to speak in favor of proposed Ordinance No. 80-11 and received no response. She asked if anyone wished to speak against this ordinance to plea~ come forward and received no response. -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Mr. deLong moved adoption of Ordinance No. 80-11 on second and final reading, seconded by Mr. Harmening. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Har~ening Aye Mayor Riscoe - Aye Motion carried 5-0,. Proposed Ordinance No. 80-12 - Re: Zoning Ordinance Amendment Providing for REC (Recreation District) Mr. Vance read proposed Ordinance No. 80-12 by title on second reading. Mayor Riscoe asked if anyone in the audience wished to speak in favor of this ordingnce and received no response. She asked if anyone wished to speak against this ordinance and re- ceived no response. Mr. deLong moved adoption on second and final reading, seconded by Mr. Harmening. No discussion° Mrs. Padgett took a roi1 call vote on the motion as f611ows: Councilman deLqng - Aye Vice Mayor Harmening Aye Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Motion carried 5-0. Proposed Ordinance No. 80-13 - Re: Zoning Ordinance Amendment Providing for PU (Public Usage District) Mr. Vance read proposed Ordinance No. 80-13 by title on second reading. Mayor Riscoe requeslted anyone in the audience wishing to speak in favor of this-ordinance to please come forward and received no response. She r~quested anyone wishing to speak against to please come forwarld and received no response. Mr. deLong moved adoption on second and final reading~ seconded by Mr. Harmening. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Riscoe - Aye Councilman Strnad - Aye Councilman deLong - Aye Councilman Trauger - Aye Motion carried 5-0. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Proposed Ordinance No. 80-14 - Re: Reappropriate Antirecession Funds Mr. Vance read proposed Ordinance No. 80-14 by title on second reading. Mayor Riscoe asked if anyone in the audience wished to speak in favor of this ordinance and received no response. She asked if anyone wished ~to speak against and received no response. Mr. deLong moved adoption on second and final reading~ seconded by Mr. Trauger. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Councilman deLong - Aye Vice Mayor Harmening - Aye Motion carried 5-0. Proposed Ordinance No. 80-15 - Re: Establishing Site Plan Fees Mr. Vance read proposed Ordinance No. 80-15 by title on second reading. Mayor Riscoe requested anyone in the audience wishing to speak in favor of this ordinance to please come forward and received no response. She asked if anyone wished to speak against and received no response. Mr. deLong moved the adoption on second and final reading~ seconded by Mr. Harmening. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Strnad - Aye Councilman Trauger - Aye COuncilman deLong - Aye Vice Mayor Harmening - Aye Mayor Riscoe - Aye Motion carried 5-0. Proposed Ordinance No. 80-16 - Re: Boynton Beach Pension Plan Mr. Vance read proposed Ordinance No. 80-16 by title on second reading. Mayor Riscoe requested anyone in the audience wishing to speak in favor of this ordinance to please come forward and received no response. She asked if anyone wished to speak against and received no response. Mr. deLong moved adoption on second and final reading, seconded by Mr. Harmening. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Councilman deLong - Aye Vice Mayor Harmening - Aye Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Trauger - Aye Motion carried 5-0. Clarification of Ordinance No. 79-30 Mr. Trauger referred to passing Ordinance No. 79-30 last October and explained how this pertained to Sections 60~ 61 and 69 and how these had been replaced by Section 49 which prOvides all department heads should be appointed by the City Manager and confirmed by the City Council. These Sections 60, 61 and 69 were confusing to Article 49 of the City Charter. Mr.. Vance informed him that to his knowledge, there are no other provi- sions left which conflict with Section 49. Mr. deLong added that he thinks this matter deserves a little further study. Mr. Vance replied~that they will if the Council desires, but he is quite sure there are no other conflicting sections. Mr. Trauger moved to request the City Attorney to review this ordinance and other ordinanc~ which would conflict with Section 49 of Article 4 in the City Charter and have his opinion read into the record at the next meeting. Mr. deLong seconded the motion and clarified the City Attorney's reply should be in the form of a legal opinion. Motion carried 5-0. Ordinances - tst Reading NONE Resolutions NONE Other Report on City Code Conditions on Bicycles Mr. Vance stated at the request of Councilman deLong, he investigated the matter of bicycle paths and sidewalks and his office has submitted a written memo which is self-explana- tory. Confirmation of SCRWTD Actions -14- MINUTES - REGULAR CITY COUNCIL MEETING APRIL 1, 1980 BOYNTON BEACH, FLORIDA Board Resolution No. 3-80 Mr. Harmening moved to confirm the Board's action in regards to Resolution No. 3-80, seconded by Mr. Strnad. No discussion. Motion carried 5-0. Board Resolution No. 2-80 Mr. deLong moved the adoption, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Public Announcement - Engineering Services Required Mr. Cheney referred to an announcement being submitted which basically indicates the Board will be accepting proposals for engineering services for expansion of the plant. They will be accepting those proposals through May 9, 1980 until 4:00 P.M. OLD BUSINESS Roadway Construction - Industrial Park off Congress Avenue Mr. Cheney referred to an agreement being made sometime ago with the principals involved in this property in that the necessary right-of-way would be dedicated and the cost of the road would be shared and advised that during the past several months, he has had several conversations with Mr. Thompson regarding this. After the developer obtained private quotes for this construction, we did go out for bid for this road as a City project. After the developer received the private quotes, he felt he did not want the responsibility to do it and we had to go to bid. However, the bid prices we received were much higher than the private quotes. In view of this, the developer h~ decided to take on the task of building this road. It will his task and we will accept it if built pro- perly, but we will have to pay our share. He would suggest that we contribute the engineering inspection service since we will own it. He has also noted a suggestion where we might fund this money. His recommendation is to proceed with letting the developer build the road and we will pay our 50% share. Mr. deLong stated in view of the spread between the bid to the City and to the developer from the same contractor, he is a little inquisitive as to whether the specifications will be the same for the construction of the road and Mr. Cheney replied the specifications were prepared by us and they will be followed. If they are not followed, we will not pay our share of the money. We will make the inspections. -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL t, 1980 Mr. Richard Russell, representing the Boynton Industrial Deve- lopers, stated that he wants to get this road put in as soon as possible and the bid runs out in a few days. He believes if they put the road in right away, this will save the City and themselves money. He would like to go ahead and have the road put in subject to the Engineering Department approving the road. They wilt work with the City° Mr. deLong moved to accept this recommendation of the City Manager~ seconded .by Mr.. Harmening. No discussion. Motion carried 5-0. Reject Bid for Access Road to 55 Acres Mr. Strnad moved to reject the bid we previously received for this road, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Consideration of No Parking Restrictions at Private Curb Cuts on Federal Highway - South of Woolbright Road Mr. Cheney referred to having a map available showing the pro- posed effect of parking restrictions on Federal Highway as dis- cussed previously. This only addresses the problem of parking adjacent to public streets and will affect about eight places on the west side of Federal Highway and nothing on the east side since there are no public streets. To apply the 50/30 rule to all curb cuts would have a major effect on Federal Highway. He wants to know if the Council wants to proceed with this kind of parking restriction. If implemented, it will require approval from D.O.T. in Tallahassee and we will have to identify where no parking is being restricted. It will have to be approved by the Secretary of Transportation. Mr. deLong questioned how the ingress into different develop- men~s would be handled on the east side and Mr. Cheney replied this proposal shows 50/30 on every curb cut from 15th Avenue South. Signs are not being proposed~ but we plan to work with the State to paint the curbs yellow and paint diagonal yellow lines in the street. Mayor Riscoe agreed this would be a proper way, but the proper people should be instructed to enforce it. Mr. Strnad referred to living on U. S. 1 for 21 years and ex- plained how the 50' parking distance for a truck was still not adequate to allow a safety exit. Mr. Trauger asked if they are ready to go ahead and mark the streets on the east side and Mr. Cheney replied we are ready to go ahead and ask the State to give us permission and coop- erate with us. We can go ahead and do it with the public streets~ but not the private streets. -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Mr. Trauger moved to go ahead with this for the public streets and ask the Police Dept. to enforce it. Mr. deLong seconded the motion. Under discussion, Mr. deLong added that Mr. Cheney should try to get some assistance from a traffic consultant to try to get this straightened out. Motion carried 5-0. At this timer Mayor Riscoe declared a five minute recess. reconvened the meeting at 9:20 P. M. She NEW BUSINESS Discuss Boat Launch Ramps - Councilman Norman Strnad Mr. Strnad referred to doing a lot more boating during the last couple weeks than he has during the last couple years and stated he noticed the boat ramps are in a dilapidated condition, parti- cularly the walks and accesses to get off the boat. He would like to see those ramps fixed so nobody gets hurt and have inspections made by a qualified person in the City once a month or every six weeks to see if any repairs are necessary. He doesn't think anything has been done in a couple years. They are in bad shape and it is dangerous. Mr. Trauger agreed this area needs some repairs and told about the wooden joints on the jetty deteriorating. Mr. deLong referred to this ramp being in close proximity to the inlet and stated we should do something about the people using it from out of the City. The majoritY using it are not from Boynton Beach. If we are going to maintain that area~ we should have the outsiders pay that use it as well. Mr. Strnad stated that he originally proposed having someone there to collect a fee. Mr. Trauger stated the problem is how to collect the fee and Mr. Strnad replied that they have an honor system in Lake Park where you put the money in a box. Mr. Trauger asked if the walkway he mentioned could be tied into Mr. Strnad's consideration and Mr. Strnad replied abso- lutely as the whole thing should be looked into. He clari- fied that his suggestion is in the form of a motion. Mr. Trauger then seconded the motion. Mayor Riscoe clarified that it was moved and seconded to have Mr. Cheney look into repairs of the boat ramp and repairs to the jetty. Mr. deLong added an amendment that a study should be made to see what would he feasible to get revenue for the City as the people come from all over since this is right across from the inlet. We should get some return to defray the cost of mainte- nance. Mr. Harmening seconded the amendment and the vote was 5-0 in favor of the amendment. Mayor Riscoe called for a vote on the motion and the motion carried 5-0. -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Discuss Possible Remedy to McDonald's Traffic Signal - Councilman Norman Strnad Mr. Strnad referred to the traffic situation at McDonald's and stated during the past couple weeks, he has been making an intense study of this area. People are constantly using the ingress to go out and go south. His suggestion, if agreeable with McDonald's, would be to put curbing from north to south going around the edge towards Wuv's, so nobody could make egress out of the driveway but would have to go around the lane. People going out would be obstructed by the barrier. People coming in would have to drive around Wuv's. Mr. deLong stated he thinks when the site review committee reviews these plans for different businesses on Federal High- way, there is an error being made with permitting too many cuts. If the building is moved back far enough, they can turn around and go out the same place where they came in. There are too many cuts in that particular area. Mr. Strnad stated he is just putting this out for thought and if they want a more detailed explanation, he will have it drawn out. Mr. Vance stated he would think that we would be pretty much limited to just discussing it with McDonald's at this point. Mr. Trauger moved to have the City Manager consult with McDonald's and see what can be done. He added there was a proposal for a light there at one time. Mr. deLong stated we should just send a resolution to the State Highway Depart- ment requesting them to grant no permits for curb cuts unless approved by the City. Mr. Cheney informed him that we are in- volved in the process of approving curb cuts in our site plan approval. At that time, there is a lot of communication with the County Highway Engineers. Mr. Strnad requested the City Manager to contact McDonald's to find out their feelings. The traffic problem should be explained to them and maybe for safety purposes, they will go along with it. He doesn't think it would be detrimental to their business. Mr. Cheney stated that at the moment, he doesn't think the likelihood of getting a traffic signal approved is very good. He will talk to McDonald's. Discuss Possible Remedy for U. S. #1 and S. E. 15th Avenue Councilman Norman Strnad Mr. Strnad referred to being very much concerned about this area and stated the opening was closed so vehicles couldn't go from one side to another, but now there is trouble with the pedes- trians. He thinks we have to protect certain people from them- selves° He told about observing a couple women crossing -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACHr FLORIDA APRIL 1, 1980 at this area and how they just put up their hand to stop the traffic evidently feeling that people have the right-of-way. There is the walk and no-walk signalization and that is where the people are supposed to cr~oss, but they have not been doing it. He suggests that we must put something in the center of that median strip and signs to prevent people from crossing there so they must go to the corner to cross where they are supposed to. Mayor Riscoe stated even if the people go to 15th Avenue, the lights are so short on the walk, they cannot get across. Mr. Strnad informed her these can be set. Mayor Riscoe stated we should strive for slowing down the traffic at Century Bank and have the light at 15th Avenue be longer. Mr. deLong stated his recommendation would be in order to save a life, he thinks it is worthwhile for the City to do two things. He believes Mr. Cheney was present in late January when he called Conm~issioner Gregory's attention to this light. He read a letter in response to this dated February 20 advis- ing after making a study of the pedestrian signal at Woolbright Road and U. S. 1, although they meet the standards, they have been increased. What we should do now is ride herd on Mr. Kahlert and have the light delayed to take into consideration that the people are elderly and feeble. There is no problem of the traffic baCking up because the next lights in both direc- tions are quite a distance. The light must be timed so the elderly people are given enough time to cross. These people are continually trapped in the center and that is why they do not use the signal. We should put a man on each side of that crossing to educate the people for at least a week's time. It should be patrolled so the people will cross at 15th Avenue. We should send a resolution to the County Commission preva~ing upon them to instruct the County Engineer to time the light in accordance with the conditions there. Mr. Cheney explained how some people are confused when using a pedestrian signal and stop when it flashes "Don't Walk~ instead of continuing as there is usually an additional 15 seconds to walk. The State's priority is to move the traffic north and south and with expanding the pedestrian time, the people get frustrated sitting in their cars. Ultimately, the State con- trols the signal. Mr. Harmening suggested that a barrier be erected in the island which would keep most people from crossing and Mr. Trauger re- sponded that he was in total agreement. He told about asking people to cross at the corner when he was there last Saturday, but they would not. He suggests that a fence be put in the median with signs telling the people to use the light. He added that he even walked the light while observing this inter- section and must admit the timing is a little tight. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Mayor Riscoe suggested proceeding with the proper authorities and keep pushing at them. We should also check on whatever is necessary to install a barrier in the median. Mr. deLong referred to the Vice Mayor making a practical recom- mendation, but stated this is the State's property and Mr. Cheney replied that he didn't think they would object to a fence being placed in the median. Mr. Harmening added that if a barricade is erected, it will eliminate a significant percent- age of possible trouble. Mr. Strnad questioned if we should proceed with putting something there and Mr. deLong replied that it would be the best thing and he thinks the City Manager should make an indepth study and make recommendations for the Council's approval.. Mr. Trauger moved to proceed with the fence~ seconded by Mr. Strnad. Mayor Riscoe clarified that it has been moved and seconded to get permission to install a fence in the median strip. NO discussion. Motion carried 5-0. ADMINISTRATIVE Water & Sewer Connection for Gulfstream Professional Center (Tabled) Mr. Cheney advised this should be left on the table. Mr. Strnad moved to leave this on the table, seconded by Mr. Trauger. Motion carried 5-0. Discussion of Civil Service Rule X, Section 3 - Councilman deLong Mr. deLong stated he is concerned about Rule X, Section 3, stating: "Should the department head express dissatisfaction with the first three names, a second list of three eligibles in the order of their standing on the employment list shall be certi- fied and this shall continue until the position is filled. After the eligible's name has been submitted three times and rejected to the rules~ his name shall be dropped from the listo It is the duty of every department head who rejects a list of eligibles furnished him by the Personnel Director to state in writing and in exact, specific and precise terms his reasons for such rejection of list." Mr. deLong stated he is displeased about this because it is a double standard. It protects the first three people who are passed over~ but what about numbers one and two? No written excuse has to be given for passing over the first and second. Mr. deLong moved to have the rules and regulations amended whereby the appointing authority should submit in writing to the Council when they pass over any eligible employee. Mr. Harmening seconded the motion. Motion carried 5-0. -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Mr. Cheney asked if this meant the Council has amended the Civil Service rules and Mr. deLong replied affirmatively. Mr. Cheney remarked that he is a little surprised as we just recently ap- pointed a committee to review the Civil Service Rules and Regu- lations and then take this away from them and not even let them comment on it. Mr. deLong stated this committee will still be working on the rules and regulations. It is the Council's prerogative and if something should be amended, we set the policy. Mr. Cheney clarified that he did not want further com- ment on this issue and Mr. deLong replied that he can comment as much as he wants. Mr. Vance informed them the Civil Service Rules are adopted by r.esolution and a resolution must be adopted to amend them. Mr. deLong clarified that his motion was to have the appropriate resolution drawn up. Mayor Riscoe clarified the vote taken will be to have the resolution drawn up for the proposed amend- ment. Sewer Board Mr. deLong referred to having a briefing regarding the sewer plant and stated at that briefing he requested, instead of going to a 2~ mgd~plant, we should go to a 24 mgd plant. The reasons are very obvious and when we first came aboard with the sewer situation, the people on the Council were not pleased with the size of the plant at that time. He made this suggestion based on the amount of new housing developments approved, the vast amount of prospective commercial developments, the housing developments awaiting approval and the additional capacity needed for the County. These reasons should be seriously considered. our past experience recently brought to light should be suffi- cient notice to avoid making the same mistake. All of those aware were not satisfied with the initial capacity. Mr. deLong then referred to the Sewer Board and stated he has always expressed his feelings that he thinks the Board is too political being made up of the Council members of Boynton Beach and Delray Beach. At the original get-together, he did suggest it should be an eleven member Board consisting of someone selected from the satellites. Mr. deLong moved to appoint a committee headed by the Vice Mayor, Ed Harmening, to include the City Manager and Director of Utilities and have the availability of the City Attorney, to see if they can come up with some solution to get rid of the present composition of the Board. He feels there should be a five member Board, two appointed by each city and prefer- ably people with expertise, and a fifth member selected by the satellites and they could take turns. -21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Mr. Vance referred to possibly getting into the situation of unauthorized delegation of authority and stated he would have to review this. Sometimes the only way to get around it is with a special act approach. Mr. deLong clarified this would be only of an exploring nature. We are fully aware of the fact this cannot be consummated by the City of Boynton Beach alone. He just thinks this one poli- tical Board should be resolved. It will be left up to the people serving on the Board. Mr. Trauger replied that the Councilmen have the right and authority to delegate responsibilities, but can never delegate accountability. With setting up another layerf he wonders whether we are abrogating City Council accountability. Mr. deLong replied this should be ~plored. Mayor Riscoe replied that she is going along with his thinking to a degree and knows in Dade County~ they have a central board, but they are elected and not by the Council. Mr. deLong referred to having boards all over not comprised by members of the City Council and clarified that he was just suggesting it be explored to get away from a complete political setup. Mr. Strnad stated the proper way to approach this would be at a Sewer Board meeting instead of forming boards. We should find out if Delray Beach is agreeable. Let's discuss this at the next meeting with Delray Beach and see if they are in accord. Mr. deLong explained the committee could evaluate this and we would have something to present to Delray Beach for discussion. Mayor Riscoe clarified the recommendation was to have a commit- tee composed of the Vice Mayor, City Manager and Utilities Director and City Attorney when needed to look into this. Mr. Trauger seconded the motion. Mayor Riscoe clarified that it was moved and seconded to instruct the City Manager, Vice Mayor and Utilities Director and City Attorney when needed to explore the feasibility of elimination of the cities' official board members to possibly have delegates from Boynton Beach, Delray Beach and the satellite cities. Motion carried 4-1 with Mr. Strnad dissenting. Landscape Improvements to Water Treatment Plant Mr. Cheney referred to submitting a memo relative to suggestions to improve the landscaping, etc. at Seacrest Blvd. and S. E. 15th Avenue. The following suggestions were proposed: Remove the employee parking on the west side of the water plant. Remove a fair amount of the asphalt that is there and replace it with sod. -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA APRIL 1, 1980 2. Move two or three visitors' parking spaces on the west side of the plant, but south of the main door into the plant. 3. Generally improve the landscaping around the front of the plant. 4. Install sod and irrigation systems, etc. on the west side of the plant south of the current employee parking area, and improve the landscaping adjacent to the plant along the western wall. 5. Pave areas to the rear of the water plant so that em- ployees can park in this area. 6. Generally improve the landscaping between the rear of the plant and the Utility Office Building, so that the area presents a positive view from Woolbright Road. 7. Landscape the present vacant lot at the corner of Sea- crest and Woolbright by changing the grade as necessary for drainage, installing irrigation systems, sodding the area, planting some trees and creating two or three shaded sitting areas for the convenience of people walking in this area, as well as for improving the looks of this very visual City property. Mr. Cheney referred to having a rough sketch and stated this must be approved by the Community Appearance Board. A quick estimate of the costs would be $14,000 to $16,000 with most of the work being done by us. The proposal is to take it out of the Utility Funds. Mr. Harmening stated the sooner this is done, the better. Mr. deLong agreed it is a move in the right direction. Mr. Trauger commented that he hopes it will be maintained when completed. Mayor Riscoe remarked that she likes the idea of the benches as several people have mentioned they would like a sitting area. The Council gives their permission to proceed expeditiously. Utility Services - Haskell Company Mr. Cheney referred to correspondence being submitted from The Haskell Company in which they are requesting water and sewer service and advised this is part of the original Drexel property known as "Country Club Trail". According to Mr. Cessna, he believes we must serve them per our original agree- ment With Drexel. The developer indicates his agreement to comply with all utility construction standards and all codes and regulations of the City. This is in an area that is within our utility service district for the City of Boynton Beach and it is recommended that Council authorize the staff to proceed with the appropriate steps to bring about the provision of service to meet the request of the Haskell Company. -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Mr. deLong referred to Mr. Cessna not being certain and requested the City Attorneyls opinion and Mr. Vance replied this is one of the situations which the City got into some years ago and it is stipulated in the final judgment. Mr. deLong moved to grant, seconded by Mr. Trauger. sion. Motion carried 5-0. No discus- Authorizing Russell & Axon to Perform a Hardy-Cross Analysis - Motorola Mr. Cheney informed the Council that we need to make some rela- tively complex projections what the water pressures will be in the Motorola area for the benefit of their insurance. He ex- plained how it was a computer program. He requests approval. Mr. deLong moved to authorize Russell & Axon to perform a Hardy- Cross analysis for Motorola upon the recommendation of the City Manager, seconded by Mr. Harmening. No discussion. Motion carried 5-0. Authorize Survey Work Mr. Cheney requested the Council to authorize Richard L. Shephard and Associates, Inc. to provide surveying services for a portion of the regional force main and lift station activities for which application for Federal Funds is pending with EPA in the amount of $2,608. Mr. Harmening moved to grant approval to Richard L. Shephard and Associates, Inc. in the amount of $2~608 for surveying and staking the lift station site and the force main easements. Mr. deLong seconded the motion. No discussion. Motion carried 5-0. Fire Department - Officer Appointments Mr. Cheney referred to submitting a report pertaining to pro- ceeding with the appointment procedure for a Fire Chief, Train- ing Officer and filling of other vacant positions in the Fire Department and stated also included is the recommended job descriptions and the proposed resolution adopting those job descriptions. Mr. Cheney referred to seeking applications and appointing a permanent Fire Chief and stated he proposes to proceed as follows: Recommend that the Council adopt a resolution to amend the present job descriptions for the Chief to the descriptions to be made available in a few days. -24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 2. Amend the Civil Service Rules as necessary to meet conditions No. 1 above. 3. Officially advertise for Fire Chief candidates. 4. Accept and consider applications from all persons who meet minimal qualifications from within the Department and otherwise. 5. Review the applications and select three to five of the applications that best meet the approved minimum quali- fications, minimum experience requirements and overall ~onsistency with the job description objectives, taking into consideration the overall needs of the Department and the City. 6. For the purpose of final review of candidates and the making of recommendations to the City Manager for ap- pointment, establish an Oral Interview Board made up of Fire Service Professionals. The Board will include pro- fessional fire s~rvice officers from the Florida area and fire service training officials as well as others. 7. Appoint a Fire Chief to be confirmed by the City Council. Mr. Cheney stated that parallel to this, but somewhat delayed, he would take the same steps to look for a Training Officer, hopefully to time it after the Chief is available to be involved in the review process. He is also recommending that the Council approve an additional contract for additional study work to be performed by MICA under the same general agreement they are work- ing for us now. They will do the things which are outlined in the report. Their payment is based on the annual savings which the City would have. The packet outlines the studies MICA would make pertaining to training, pre-planning, organization, etc. The employment of MICA would give additional resources for the Chief to work with in his early days. He is recommending the City Council concur with this procedure, adopt the resolutions on the job descriptions, authorize MICA to proceed with the ad- ditional work. Mr. Trauger replied that he has not read all the material sub- m~t~ed~ but he sees nothing wrong with the part of the MICA s~udy. He as a little disturbed that now at this particular time there is a suggested change for the whole procedure for the review and selection of a Fire Chief. He has read all the reports and from the facts and statistics, we have an outstand- ing Fire Department. The Fire DeDartment has a wonderful record and the Assistant Chief has been ~cting for almost a full year and has an outstanding record. He explained how the men must be given incentive to advance. -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Mr. deLong stated as an individual who worked under Civil Service, that he definitely does not go along with this recom- mendation. Everyone wants to further themselves and move up the ladder. These people have devoted their careers and when it comes to the opportunity to fill in the top slot, we should not reach outside and bring somebody else in. If he could be convinced the present Chief or others in the Department do not have the qualifications, then he would, listen to that. We have the caliber of people within that Department to be Fire Chief. Mayor Riscoe pointed out the recommendation was to advertise to select people from within the Department or out- side. Mr. Cheney added it was not suggested that the Chief would come from any predetermined place; it was simply a sug- gestion to seek the best available. If the process shows the best is from within, that is exactly the way it should be. If the process shows the best is from somewhere else, that should be considered. He thinks we should look for the best we can find. There was no suggestion it would be automatically from the outside. Mr. deLong replied that in answer to the best~ he has heard it so much, it is a worn out record. He has seen consultants come in and make recommendations and a lot of reports have been in error. He believes we have people in our Department who are capable to advance to the head of the Department and he cannot see reaching outside to bring someone else in. Mayor Riscoe clarified the suggestion is to decide whether we want to authorize MICA for their input into the entire break- do%~ of Fire Chief and Training Officer and Mr. Cheney clari- fied that MICA would not be involved in the selection of the Fire Chief. MICA would be involved in giving advice in the existing Department. Mr. Trauger replied that he opposes no objection to a study by MICA regarding the functions of manage- ment within the Fire Department~ but would like to leave the selection of the Chief out of their procedure. Mr. Cheney informed him the selection of the Chief is not to be in their procedure. Mr. deLong added that he agrees with t~he philoso- phy in conducting a study of the Department, but doesn't see where we have to go outside for a Fire Chief. He thinks the present employees should have the opportunity. It is the incentive for every man to try to elevate himself to the head of any City Department. Mr. Harmening referred to the City Manager having made certain recommendations and stated he would like to look at various people. According to Paragraph 7 on Page 2, the City Council is in the position to resolve the final judgment of this matter at a future time. Mr. deLong agreed, but stated he cannot see the necessity to review a lot of resumes from people for Chief~ but believes it should come from within the Department. He would like to be shown in writing exactly why we don't have anyone capable in that Department to become Chief. -26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Mayor Ris¢oe asked if we are mandated to advertise for the head of a Department and Mr. Cheney replied negatively, but obviously we have to advertise so everyone meets the minimum qualifications when a new job is open. In many jobs, people from the outside do have experience. Mayor Riscoe stated she is more prone to go for the best and thinks we should get the best professional at the helm. Mr. deLong replied that after observing the Fire Department for as long as he has been in the area, he thinks we have the best and doesn't think we will do any better by going outside. Mayor Riscoe remarked that she didn't see how it would hurt to open it up. Mr. deLong added that the people who are employed by the City will lose interest because there will be no incentive for them. Mr. Harmening added that we still have confirmation power if we don't like the selection and we can veto it. Mr. Trauger clarified that the MICA study should be divorced from the Chief's job description and Mr. Cheney agreed this would be separate. There is no intent to have MICA involved in the selection process. He intends to have MICA involved in the analysis and study. Mr. deLong stated in the past, when talent was available in any Department, we didn't go outside and this was only done when talent wasn't available. Mayor Riscoe asked if they planned to advertise at large~ and Mr. Cheney replied that he planned to advertise primarily in Florida as they must be familiar with the Florida standards. Mr. Harmening questioned how long the process would take which was outlined and Mr. Cheney replied the Fire Chief position would take approximately two months. Mr. Cheney stated he thinks we have a need to review our current job description. As it is now, part is in the Civil Service regulation. He thinks we must consider making some changes in the job description. He thinks the job description he submitted may open more opportunities than our current job description. Mr. deLong stated that the qualifications suggested may exclude some people in the Department. Mr. Harmening suggested tabling this until we can study this further and Mr. Trauger~ suggested tabling the portion on the selection of a Fire Chief and Training Officer, but authorize the study of organization, management, etc. Mr. Harmening moved to table the City Manager's proposal on the selection process of a Fire Chief and Training Officer until the next meeting, seconded by Mr. Trauger. Motion carried 5-0. Mr. Trauger moved that the City Council approve the City Mana- ger's recommendation as stated for a proposal for a study of the Boynton Beach Fire Department with MICA as proposed, seconded by Mr. deLong. No discussion. Motion carried 5-0. -27- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACHr FLORIDA APRIL 1, 1980 Contribution to South Tech Burn Tower Mr. Cheney referred to this being a request to consider making an appropriation to assist in providing financial support to the School Board and a statement that we would like the School Board to proceed with the burn tower at the South Tech School. This would be particularly advantageous to Boynton Beach and Delray Beach. They may proceed without any money from us, but he thinks if each city made a small contribution it would help. Mr. deLong stated based on the City Manager's recommendation, he moves to approve, seconded by Mr. Trauger. Mayor Riscoe clarified it was moved and seconded to authorize $2,500 for the South Tech burn tower. No discussion. Motion carried 5-0° Procedure for Beach Consultant Selection Mr. Cheney stated at the direction of the City Council some time ago, the staff implemented required procedures to seek a consul- tant experienced in beach activities to provide services to the City of Boynton Beach. Realizing that one of the first main concerns is the matter of correcting the wind erosion problems and the dune level stabilization. The staff has attempted to identify consultants who have expertise in this area~ howeverr realizing that the City Council and citizens have additional concerns about the beach, such as the bath house building, the consession area~ parking areas, picnic areas, and general land- scaping, the staff has also looked for consultants that have expertise in these additional areas so that in selecting a con- sultant City Council will have before it the opportunities to explore a number of issues with the consultant. The memorandum submitted from Charles Frederick, who served as Chairman of the Beach Consultant Process, outlines the procedures and recommen- dations of the City staff. If the City Council wishes to proceed with this process~ it should indicate as to whether or not it wishes to interview the three firms listed and then establish dates to do this. Mr. deLong moved to go along with the recommendation for the beach consultant selection which has been submitted by the City Manager, seconded by Mr. Trauger. Under discussion, Mr. deLong added that when they get over there, he wouldn't be satisfied with any makeshift repairinq of all those junky buildings. He thinks the showers and snack bar should be bulldozed do~n. Mr. Strnad suggested we get it in writing from Ocean Ridge ~hat there will be no trouble in rebuilding these things and Mr. deLong re- plied that he believes Ocean Ridge will be very favorable. Mr. Cheney suggested the procedure to follow would be to establish a date for interviews, pick the consultant we feel would do the best job, identify what we want and work out a contract. Then we could proceed with what we think may make sense and we would have something concrete to present to Ocean Ridge. He suggests -28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA APRIL 1, 1980 a night for the interview might be the fifth Tuesday, April 29. The CoUncil agreed. Mayor Riscoe clarified that it has been moved and seconded to accept the beach consultants recommenda- tion and set up April 29 for interviews at 7:30 P. M. Motion carried 5-0. Requests for Zoning. Approval on Beverage Applications: 1. Joseph & Bertha Pontesv dba Joey'~s Coney Island Hot Dogs, 601 North Federal Highway 2. Sam & Earline Shelton, dba Sam & Son~,~s Place, 116 N. E. 10th Avenue 3. Clarence Evans, Jr., dba Fat Man's Merry-Go-Round Restaurant, 150 N· E. 10th Avenue Mr. deLong moved that these requests be approved, seconded by Mr. Harmening. No discussion· Motion carried 5-0. Approval of Bills Mr. Cheney read the following bills for approval: Se Palm Beach Newspapers, Inc. 1,447.85 Legal advertisements for the month of Feb.'80 Pay from General Fund 001-132-513-40-75 145.08 001-122-512-40-75 1,302.77 Southern Bell Claims Office Repair to cable near Lawrence Road on 1/18/80 Pay from Insurance Reserve 001-000-247-41-00 1,366.00 Advance Air Conditioning Installation of new A/C in City Hall and Arts & Crafts Building Pay as follows: 001-192-519-40-35 100.00 320-721-572-60-73 1,750.00 320-194-519-60-73 1,800.00 Caldwell, Pacetti, Barrow & Salisbury Professional services re: Drexel vs. City re: Civil Service Board Pay from General Fund 001-141-514-40-68 3,650.00 1,571.74 Hussey Electrical Contractor Installation for new phone system Pay from General Fund 001-192-519-40-34 1,740.00 -29B MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Northside Motors Vehicles for Fire & Police Departments Pay from General Fund 001-211-521-60-81 001-221-522-60-88 State Contract ~070-00-80-1 11,973.82 6~383.59 5,590.23 Aqua Chem Co., Inc. 5,744.93 Pebble lime for Water Treatment Plant Pay from Water & Sewer Revenue Fund 401-332-533-30-65 Rowland Truck Equipment Install Mark IV Tailgate on garbage packer Pay from General Fund 001-341-534-60-85 19,370.00 Willie RuthMcGrady Server at Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 96.00 10. Isiah Andrews 110.00 Driver for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 11. Lanier Business Products, Inc. 4,431.00 Computer Output Reader & Continuous Forms Console Pay from W & S Rev. Fund 401-393-539-60-71 1,880.00 401-393-539-60-76 2~551.00 Bid Council approved 11/21/79 12. Ernst & Whinne¥ 1,200.00 Professional services for Fed. Rev. Sharing Audit Pay from General Fund 001-131-513-40-68 Council approved 11/21/79 13. IBM Corporation Rental on computer for March Pay from General Fund 001-133-513-40-21 3,606.00 Mr. Cheney recommended these be approved. Mr. deLong stated since these have been found to be in order, he moves to approve these bills, seconded by Mr. Trauger. No discussion. Motion carried 5-0. Approval of the After Care Budget for the Child Care Center Mr. Cheney referred to the budget being for the months of April, May and June and advised the Community Relations Board reviewed it at their February meeting, but through an oversight they neglected to approve it at their March meeting. This budget is in order and he recommends it be approved conditioned on the Community Relations Board approving it. Mr. deLong so moved, seconded by Mr. Harmening. Motion carried 5-0. -30- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 1, 1980 Approval of Temporary Trailer for Chamber of Commerce in Connection with Business Fair Mr. Cheney referred to the letter submitted from the Greater Boynton Beach Chamber of Commerce requesting the City's permis- sion to place a trailer for two weeks prior to the Chamber's garage sale on the City property (parking lot) which is just adjacent to the Boynton Elementary School on the west side and recommended this permission be granted. The purpose of having the trailer in place at this location is to enable them to collect goods which will be sold at the Garage Sale in advance of the sale. Mr. deLong so moved, seconded by Mr. Harmening. Motion carried 5-0. No discussion. Approval of Utility Agreement with Oakwood PUD in the County Mr. Cheney advised this is the standard water and sewer agree- ment and we have the bonds. It has been reviewed by Mr. Vance and is all in order. He recommends approval. Mr. deLong so moved, seconded by Mr. Harmening. No discussion. Motion car- ried 5-0. ADJOURNMENT Mr. deLong moved to adjourn, seconded by Mr. Harmening. Motion carried 5-0 and the meeting was properly adjourned at 10:50 P.M. CITY OF BOYNTON BEACH, FLORIDA BY Mayor ATTEST: Recording S~ecretary (Three Tapes) Mayor Counc-~n -31-