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Minutes 10-02-79MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL~ BOYNTON BEACH, FLORIDA, THESDAY~ OCTOBER 2, 1979 AT 7:30 P. M. PRESENT Edward F. Harmening, Mayor Betty Riscoe, Vice Mayor David Roberts, Councilman Norman F. Strnad, Councilman Walter "Marry' Trauger, Councilman Peter Lo Tereesa James W. Cheney, City Manager Padgett, City Clerk Vance, City Attorney Mayor Harmening welcomed everyone and called the meeting to order at 7:30 P. M. He announced the Invoca~ion tonightwill be given by Mr. Edgar E. Howell~ our Building Offici~l~ followed immediately by the Pledge of Allegiance to the Flagled by Councilman Walter T~auger. He requested everyone to please rise. AGENDA APPROVAL Mr. Cheney announced that he would like to add four things. He advised that three are status reports having to do with the golf course~ Motorola and the library. Mayor Harmening suggested having these reports given under New Business. Mr. Cheney con- tinued that he would like to add under Announcements a proposed proclamation relative to the firefighters and their Memorial Sunday celebmation which is nationwide, He indicated to the Fire Department the City Council would be willing to designate the appropriate Sunday in October. Mr. Trauger stated that while the City Manager is making his re- ports, he would like to have some progress reports regarding the bike paths and when we are going to hear something about the Tree Ordinance. Mr. Vance announced he would like to add under Legal, D-2, A Report to the Council re: Case of Boynton Beach vs. Town of Ocean Ridge. Mr. Roberts moved the adoption of the agenda as corrected, seconded by Mrs. Riscoe. Motion carried 5-0. ANNOUNCEMENTS Donation from Cast-Off Square Dance Club Mr. Cheney referred to submitting a memorandum from Mr. Charles C. Frederick, Recreation Direotor, concerning the ~700 contribution from the Cast-Off Square Dance Club for the purpose of making improvements for ~he utilization of the Civic Center and stated a letter from the Cast-Off Square Dance Club and Mm. FrederickTs acknowledgement and response of thanks for their donation was also submitted. We are asking the City Council to officially MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON ~EACH, FLORIDA OCTOBER 2, 1979 offer our City's expression of thanks for the support of the Cast- Off Square Dance Clu~. Me understands this is zomewhat of an annual contribution. Mayor Har~aening suggested that the City Manager be directed to send the appropriate letter of thanks for this contribution. Mr. Trauger so moved, seconded by Mrs. Riscoe. No discussion. Motion carried 5-0. Proclamation Mr. Cheney read a Proclamation proclaiming October 7, 1979, as Fire Fighters Memorial Sunday. MINUTES Regular City Council Meeting - September 18, 1979 Mr. Trauger moved the adoption of the minutes of the Council meeting of September 18, 1979, as presented~ seconded by Mr. Roberts. Motion carried 5-0. PUBLIC AUDIENCE Presentation by Representative of Southern Bell Telephone Co. Mrs. Hirshberg, Representative of Southern Bell Telephone Company, referred to conducting a complete survey and evaluation of the telephone system used in City Hall and explained that it is eom- posed of a switchboard and 24 additional lines added throughout the departments because of the lack of trunk lines on the switch- board. She told about the present system being constantly in use, having no night service available and no long distance control. Mrs. Hirshberg stated the proposed telephone system is a Dimension 400 Electronic Communications System and she explained how one of the benefits would be restriction of individual stations to control cost. She continued explain~dg the benefits with having no key equipment, being able to transfer outgoing and inside calls by the station user and touchtone built into the system. She added that rewiring would not be necessary and there would be sDace saving with individual equipment needed to run the entire system. She also explained that night connections could be made before or after hours. Mrs. Hirshberg then showed a chart and explained the two tier plan available. She explained how the costs of Tier A would be effee- rive for five years and how Tier B continued after that. She ex- plained fully the monthly charges and added the installation charge would be $5,550 which cou!d be spread in 12 monthly payments. -2- FLINI1TES - REGULAR CII~Z COUNCIL MEETING BOYNTON BEACH, FLOPIDA OCTOBER 2, t979 Mrs. Hirshberg stated these rates and this proposal are based on the evaluation conducted with department head interviews and the cost estimated should be within.5% either way. After a eontraet is signed, they will review station by station to determine the exaet needs. These rates are based on the current tariff. Mr. Trauger asked what the difference was between the t00 and 400 Dimensions and Mrs. Hirshberg replied that basically it is the size with Dimension 100 growing to 100 stations and Dimension 400 growing to 400 stations. Mr. Strnad asked if a survey had been made of the equipment and changes which would be necessary and Mrs. Hirshberg replied affir- matively and advised that interviews were conducted with the department heads. She added that individual problems in eaeh department would be handled when the telephone by telephone in- stallation is done. There will be no out of service period. The system will be installed and completely functional before cutting over to it. Complete training will be given to all users Mrs. Riscoe asked if the equipment would be much larger than the existing equipment and Mrs. Hirshberg replied negatively and ex- plained that it will be smaller with less maintenance. Mr. Cheney requested Mrs. Hirshberg to comment about the ability and status of our current switchboard and maintenance and Mrs. Hirshberg stated the current is no longer manufactured. It can be maintained as long as they have parts and facilities. It is s mechanical switch with a high maintenance rate due to the fact everything is indgvidually wired. Additional lines have been added through the years and the system is a mixture of key sta- tions and the switchboard. She then explained how an individual telephone on this new system without any buttons wou~d enable the user to put a call on hold, go to a waiting call, add on a third party, switch between the two, and transfer an incoming or outgoing call to another party. Mr. Roberts asked ii the switchboard would be eliminated and Mrs. Hirshberg replied negatively.and added the switchboard will be easier to work and the clerk should have more time to open mail, etc. Also, a greater number of incoming calls can be handled without any problems. Mr. Strnad commented that the possible inerease of rates over a ten year period would also apply to our present system and Mrs. Hirshberg agreed and clarified the $975 would be frozen for five years and at the end of five years, it will drop off with Tier B left and non-contract items. -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP~IDA OCTOBER 2~ 1979 Mr. Strnad mommented that he thinks the installation cost is quite reasonable for 16 weeks for $5,000. Mrs. Hirshberg advised they do have a tame increase filed for which will substantiallyinorease the installation charges, but they don~t know when itwill take effect. However, it can be spread over a 12 month pei~iod. Mr. Cheney referred to the basic amount of ~50,000 and Mrs. Hirshberg advised there is a one time figure if the Citywants to take the system and pay it off at one time which is approxi- mately $5C,000. If the funding is availab!e~ the entire instal- lation man be billed. This would mean paying off Tier A at one time whiehis approximately 8% .lower than over the five years. Mr. Cheney clarified that if we pay $50,000 at the beginning, we would not pay $975 per month. Mr. Cheney told about people calling inand finding the lines busy.and added that another problem is having to ask people to call back on another extension which would be eliminated on the expanded system. Mr. St~aad made a motion to proceed with this installation as he thinks we should update the City in the best possible way and sooner or later, we will have to switmh over and it might be mheaper now. Mr. Trauger seconded the motion. Under discus- sion~ Mm. Trauger requested Mrs. Hirshberg to explain how the new system would control ~ng distance calls and Mrs. Hirshberg explained how each individual telephone station would be de- signed with restrictions and programmed with a memory. She also explained how individual stations mould be reprogrammed as necessary. Mr. Roberts m!arified that the installation is not actually $5~550~ but this is the amount per month with 12 payments or a S50,000 one payment. Mrs. Hirshberg agreed. Mr. Roberts stated the total cost in ten years is ~395,000 as compared to S376~000~ but with S50,000 we would have to use the system quite awhile to breakeeven. Mr. Cheney m!arified that $50,000 is the substitute for $975 paid for 60 months, but in any case we also pay the $5,500 installation charge. Mayor Ha~mening requested Mr. Cheney's recommendation and Mr. Cheney stated that he recommends that we proeeed, We have an old system and it has problems of repair. The lines are busy. We do not have adequate control over long distance malls. This new system, being toumhtone, is a savings. We will have more flexibility within the operation to contact and have monferenee type malls. Basically our present system is old and it is memhanimal opposed to electronics. As suggested in the budget proposal, it makes sense to spend Federal Revenue Sharing Funds for this purpose and if we can freeze any utility~rates, it is a help. He recommends we proceed with this type of system. MINUTES ~ REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA OCTOBER 2, 1979 Mrs. Riscoe stated she would hope the maker of the motion would incorporate the one payment of $50,000 since we have appropriated the money.and can save 8%. Mr. Strnad and Mr. Trauger agreed. Mayor Harmening clarified the motion has been amended to accept this proposal and to pay for it in one lump sum which is presently budgeted. Motion carried 5-0. Mayor Harmenin~ announced if anyone in the audience wished to address the Council on any matter not on the agenda to please come forward at this time. Me added if anyone in the audience wished to speak on any item on the agenda to please give their name to the City Clerk and when that item comes before the body, they will be called upon. Col. Albert Wehrell stated he has lived in Boynton Beach since 1962 and he was perturbed to read in the newspaper that there was some thought of changing our form of government to what he would term a ward type of government. That is archaic and we are a modern City. M~. Bob Riley, 342 S.W. 4th Avenue, stated he is present tonight due to a near matastrophe on Saturday night.when water came within a foot of homes previously flooded in this area. The Vice Mayor and City Manager were at the site. The pit does not have water draining into it~ but the pit is draining into S.W. 4th Avenue. On Sunday morning~ a sanitary sewer drain cover had popped off and raw sewage was on the front lawn. He realizes a pump system is being planned w~n~ch will take about 6 to 8 months, so he re- quests an emergenmyprovision be made and a butterfly valve installed between S. W. 4th Avenue and the pit to prevent this water from draining into S.W. 4th Avenue. He does not want to wake up to another flood with raw sewage. Mayor Harmening replied that he is not sure he understands exae~ly what occurred to cause this and Mr. Cheney replied that he is not familiar directly with the raw sewage problem, but it is possible one of the lift stations malfunctioned on Satur- day night. If a lift station malfunctions, it will fill up and pop off the cover. Each lift station is inspected every day and he will look into this further tomorrow morning. Mr. Cheney stated in regards to the drainage, the elevations in that area were checked with survey equipment. The elevation of the pit ~s 10.67' and the elevation at 4th Avenue is 16.52', which is 6? above the pit. He explained that when the pit f-ills up with 6~ of water, it is at the same elevation as the manhole mover on 4th Avenue. The elevation of 3rd Street~ just west of the pit is 19~. He did go to this area Saturday night when called and the water did drain when the rain stopped, but the pipe is being checked to see if it is broken or clogged. He does not know if a butterfly valve would work~ but we can look into it. -5- MINUTES - REGULAR CITY COUd~C!L MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 19Y9 Mayor Harmening stated he was curious where a butterfly valve would be located and Mr. Cheney replied that p~obably ,it would be at 4th Avenue to prevent the water from baeking into 4th Avenue. Mayor Harmeninq clarified thata cheek valve was meant ~and Mr. Riley.stated a one way valve. Mr. Cheney stated a one way valve will work as long as the water is flowing to the pit, but if the pipe is f~ll, the water cannot go anywhere and will lay on 4th Avenue. Mr. Ritey stated when the pit gets to the 6' level and ~the water runs from 10th Avenue~ it creates a greater volume on 4th Avenue. Mayor Harmeningsuggested possiblymoving ahead'and expediting the construetion of the pumping stations and outfall line and Mr. Cheney informed him that the design has been ~in~preparation ~and he proposes to submitthe proposal at the next Council meet- ing. He explained how there were a number of things to be con- sidered and how they propose to keep the terms of the bid open from a performance point s0 the design standards ean be consid- ered. An evaluation canbe made with Council approval. Mr. Riley stated the estimated cost of the butterfly valve is $100 and if the City cannot afford it, he will buy the valve if the City will put it in. Mayor Harmening replied that he is not pre- pared to comment on that until he sees exactly~where it would go and how it will work out. He requested Mr. Cheney to have the Engineering Department look into this alternative in the interim. BIDS Policemen, Firemen land w0~k~en'unif6rms Mr. Cheneyinformed the Council thattwo bids were received for this item, one from Lamar Uniforms and one from Engel's with a varietyof prices depending onthe items purchased. In tabulat- ing and comparing the prices~ it is concluded that Lamar Uniforms has submitted the low bid. He recommends the Council authorize the granting of thiscontract to Lamar Uniforms to provide uni- forms for the'?olice, Fire and General Services Departments. Mr. Trauger asked if this covered a f~ll year~s supp!yof uniforms for these people and Mayor Harmening replied a~firmatively. Mr. Trauger moved acceptance of the bid from Lamar Uniforms of Miami as stated on the bid sheet, seconded by Mrs. Riscoe. Mr. Cheneyadded this will be limited to what is inthe budget. No discussion. Motion carried 5-0. Mr. Traugerasked if this included shoes for the Fire Department ~and Mr. Cheney,rep!ied negatively. He explained that~shoes are separate in the unioncontract and this covers the normal day to day uniforms the employees wear. -6- MINUTES - REGULAR CITY COUNCIL MEETING OCTOBER 2~ 1979 BOYNTON BEACH, FLORIDA Landscaping - Galaxy Park Mr. Cheney'informed the Council that two bids were received, one from The Garden Store for $6,971 and one from Pala Landscaping for $7,923.20. The City Tabulation Committee recommends accept- anco of the low bid of $6,97! from The Garden Store. Mrs. Riscoe moved to accept the bid from The Garden Store of Boynton Beach for the sum of $6,971. Mr. Trauger seconded the motion. No discussion. Motion carried 5-0. P~BLIC HEARING NONE SITE DEVELOPMENT PLANS Josephine S. Latino Subdivision Preliminary Plat~ 12 Duplex Lots Location: S.E. 2nd Street, between S.E. 28th & 31st Aves. Mr, Annunziato informed the Council this preliminaryplat is being presented in two phases~ preliminary and final The preliminary plat was reviewed by the Teahniea! Review Board and forwarded to the Planning & Zoning Board with comments. The Planning g Zoning Board took the Technical Review Board comments under advisement and recommended approval of the plat consisting of 12 duplex lots located at S. E. 2nd Street between S. E. 28th and 31st Avenues adjacent to the railroad. Mr. Annunziato referred to the staff ~omments and advised the Building Department has required sidewalks to be installed and the Police Department has noted street lighting, fire hydrants, buffer on rear of lots. The Recreation Departmentsubmitted a memo which basically set up the formula for the parks and recrea- tion dedication and it was recommended to be translated into a dollar amount. The Planning & Zoning Board had to set the figure for the value of the land. What was deemed to be acceptable and substantiated by letter was a land value of $14,217 per acre which has resulted ina parks and recreation dedication requirement of $6,115. It was recommended by the Planning & Zoning Board that the developer participate in the .4 of !% impact fee consistent w/th the Palm Beach County School Board policy. The applicant accepted these recommendations. The staff recommendation is to approve subject to comments. Mr. Anthony Latino, 8308 S.W. 26th Street, Doyle, came before the Council. Mr. Vance asked if he aeeepted and agreed to abide by the staff comments in connection with the platting of this sub- division and Mr. Latino replied affirmatively. MINUTES - REGHLAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 2~ 1979 Mr. Trauger moved acceptance of the preliminary plat plan for the Josephine S. Latino Subdivision located at S. E. 2nd Street between S. E. 28th and 31st Avenues, with the acceptance of staff review comments. Mr. Roberts seconded the motion. No discussion. Mo- tion married 5-0. Final Plat Approval Replat 'of ~ract A, Seacrest E~at~ Mr. Cheney ,stated the onlyquestion before us is the one from the City Attorney'regarding the bond. The developer is willing and has given a cash bond in the amount of ~7~000, but the an~unt recommended is $10,566.00. The question ,is whether we can accept this cash bond in this amount of money as opposed to a performance bond? Mr. Vance clarified that Mr. Latino has already 'submitted a cheek to the City and Mr. Latino agreed and added there will be an additional bond if it is required for $3,500. Mr. Vance clari- fied that this cash bond is being posted in compliance with the subdivision ordinance and ~it is understood and agreed in the event Mr. Latino fails to complete any of the public .improvements in the completionof this plat that the Citylmay use this money to complete those improvements. Mm. Latino~eptied that he under- stands this and agrees. Mr. Roberts clarified that we are to vote on plat approval and not the site plan and M~. Vance replied this was correct. Mrs. Riscoe moved to accept the final plat for the Josephine S. Latino Subdivision for the repIat of Tract A, Seacrest Estates~ subject to all staff comments. Mr. Trauger seconded the motion. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing NONE Ordinances - 1st Reading Proposed Ordinance No. 79-30 - Re: Repealing Sections 60~ 61 L 69 of the City Charter Mr. Vance read proposed Ordinance No. 79-30 by title on first reading. Mrs. Riscoe moved to accept on first reading Ordinance No. 79-30 repealing Sections 60, 61 and 69 of the City Charter. Mr. Roberts seconded the motion. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: -8- M!AR1TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1979 Vice Mayor Riscoe - ~es Councilman Strnad - Aye Councilman Roberts - Aye Councilman Trauger - Aye Mayor Harmening - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 79-KK - Re: Adopting Pay Plan for Fiscal Year 1979-80 and Establishing Job Descriptions Mr. Vance read proposed Resolution No. 79-KX bytitle. Mr. Cheney advised the Council there a~e a couple things he would like to comment ~on. He referred to this resolution including a number of job descriptions and pointed out some were changed in title particularly relative to the Public Works Department. Mr. Cheney stated he would like to make a suggestion relative to the minimum qualifications for the Director of Public Works posi- t-ion. As it is w~itten now, the minimum job requirements are grad- uation from a standard high,school or vocational school with five years experience .at 'a supervisory leve!~ etc. He would like to change that to graduation f~om a standard high school or vocational school with a four year degree beyond that in a related field with five years experience or ten years experience ina related field, five of whichmust be in a supervisory and management posi- tion. He thinks we need in this particular job more than the high school requirement and if we a~e ~alking of only high school education, at least ten years experience. Mr. Cheney continued that he would like also to brin9 attention to a couple additions at the end of this document which were not in the pay plan before. He read the paragraphs under the Disabi- lity section. He referred to having, a couple cases of extended disability, which technically we cannotreplace those positions and the City has provided disability insurance, so we are not suggesting the people be out in the cold. There are one or two cases where the people may not have pursued the claims adequately. He feels it is necessary to have some ability to call this to an end. There should be some procedure and this is what this parti- cular phrase intends to do. Mr. Cheney then recommended that the overall pay plan for City employees for the coming year be adjusted by 6~%,whieh is the blank on the front page. He has reviewed the past of the City and saw that it mainly stayed at 5% and has also reviewed what has been happening in other communities. He has been holding off making a reeommendation. He doesn't call this a cost of living increase because the cost of living is much more. There are funds in the budget to cover this amount of money and that is his recommendation for this resolution~ -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA OCTOBER 12, 1979 Mayor Harmening clarified that the insertion in proposed Resolution No. 79-KK is 6~%. Mr. Roberts referred to there also being some changes recommended for the experience and training ~f the Public Works Director and Mr. Cheney agreed. Mr. Robemts asked if there was any change in the last item and Mr. Cheney 'replied negatively, but he wanted to bring the disability section to the Council's attention. Mr. Trauger moved the City Counei! adopt Resolution 79-KK as amended with the insertion on the first page of 6.5~ and the Director of Public Works with minimumqualifications changed from five years to ten years and a four year degree. Mr. Strnad seconded the motion. No discussion. Mrs. Padgett took a ~olt call vote on the motion as follows: Counci!man Trauger - Aye Councilman Roberts - Aye Councilman Strnad - Aye Vice Mayor Riseoe - Yes Mayor Harmening - Aye Motion carz~ied S-0. City Manager's Recommendation for Classif%ed City Employees, P/Y 1980 (Tabled) Mr. Cheney referred to ha~ing acted on this. Mrs. Riseoe moved to strike this from the agenda, seconded by Mr. Roberts. No discussion. Motion uarried 5-0. Proposed Resolution No. 79-LL - Re: Amendin~ Resolution No. 79-HH - Design Concept for 55 Acre Recreational Facility Mr. Vance read proposed Resolution No. 79-LL by title. He added that essentially the County gave us this land and they developed a certain amount of resentment when we included a reverter clause when giving the land back to them. Mr. Cheney added that this has been discussed and it was decided we could reach the same objective withoutthe reverter clause. This will be on the agenda for the County Park g Recreation Board on Thursday morninc and he and Mr. Fredez~ will be present in ease there are any questions. The issue before the County is will they accept the land and how do they propose to ~und it. He recommends this amended resolution be adopted. Mr. Roberts moved the adoption of Resolution No. 79-LL, seconded by Mr. Trauger. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Strnad - Aye Vice Mayor P/scoe - Yes Councilman Trauger - Aye ~ Councilman Roberts - Aye Mayor Harmening - Aye Motionearried 5-0. -10- MINUTES - REGULAR CITY COUNCIL MEETING OCTOBER 2, 1979 BOYNTON BEACH, FLORIDA Other Amend Section 49(a) ~f Charter (Tabled) Mayor ~armening asked i f any member of the Council cared to do anything at this time with this and when hearing no comments~ he announeed itwould be left on the table. Report-Re: Case of Boynton Beach vso Town of Ocean Ridge Mr. Vance referred to having had pending for 40 odd years a dis- pute withthe Town of OeeanRidge regarding some property 'lying west of Ocean Boulevard and this particular lawsuit was heard last week aand the court has entered a final judgment determining the aGreage in dispute that the title is in the City of Boynton B Beach. Mr. Trauger asked him to describe for the audience the exact location of this piece of prgperty. Mayor Harmening stated this starts about 50 ft. to the south of the present Ocean Ridge Town Hall and runs from the Intracoasta! Waterway to the ocean and Mr. Vance clarified that it is just west of A1A and runs to the Spanish River. He added that this was originally acquired in 1921 as a total parcel~ east and west of Ocean Boulevard. Mayor Harmening asked if as a result of th~ research into this~ did we ever determine where the Spanish River lies in relation to the Intracoastal and Mr. Vance replied that he believes we are pretty close at this point, singe the Spanish River was filled in 30 years ago. Mayor Harmening clarified that it does not run to the Intracoastal. OLD BUSINESS Summary Report on Codes Violation Enforcement Mr. Cheney referred to several meetings ago, in response to a question raised by Councilman Trauger, there was a discussion on the number of building violations relative to various City codes and stated he has submitted a brief summary of the status of code violations that have required written notices for approximately the last seven months. There are obviously many other violations that are reported to the Building Department which are resolved through telephone calls, personal visits by the department staff or other informal methods. The violations recorded on this list are those that cannot be solved in an informal way and which must be addressed with a formal written notice. As noted~ many of these are corrected as a result of this notice procedure~ and others are turned over to our special City Attorney. With the development of a Codes Enforcement Board, the matter of obtaining compliance after the written notice will be handled by the Board. MiNUTES - REGULAR CITY QOLLNCIL MEETENG OCTOBER 2, 1979 BOYNTON BEACH, FLORIDA Mr. Cheney eontinued that this report indicates ~he following: 1. Total number of violations which required w~t~ten notice for compliance: 970 -2. Number of violations complied with upon receipt of notice: 168 3. Violations pending speeified time limits: 44 4. Total number of ~iolation affadavits submitted to City Attorney: 58 5. Number of affadavit violations complied with upon receipt of notice: 23 6. Number of affadavits pending court action: 35 Mr. Trauger thanked him for this report. He stated he requested this report so we could see what we were into with the creation of the Codes Enforcement Board. This report shows the Building Department has done an especially good job in ~ollowup. With the Codes Enforcement Board, we will have some teeth to act on the violators. Codes Enforcement Board Nominations and Appointments Mr. Strnad stated the people who are going to be seated on this particular Board must be of the ealiber that we have on the Building Board of Adjustments S Appeals. They mst be people who are familiar with all types of oonstruetion violations which may come before them. He thinks we have short-changed this Board in not having more qualified journeymen and master craftsmen on this Board. He thinks we do need an engineer and architect, but also have to have the same caliber of person seated on the Build- ing Board of Adjustments g Appeals, so he is knowledgable when a violation comes before the Board to determine whether it is ~easi- ble or not or how to judge the particular violation. He thinks we are short on this Board of actually what is needed. Mayor Harmening referred to building code violations being stressed and stated actually there are a number of other violations which will be covered by this Board not particularly in the realm of building such as zoning, sanitary problems, eta. Mr. Strnad re- plied there are people on that Board at this particular time who would be able to take care of these violations with the addition of other people with knowledge in plumbing, electric and general contracting. Some of the people suggested so far are not in his estimation qualified for this. Mayor Harmening informed him that the Codes Enforcement Board does not supersede the Building Board of Adjustments & Appeals. When there is a hardship on a particu- lar building code, that case comes before the Building Board of Adjustm~ts g Appeals. -12- MtNIiTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA OCTOBER 2, 1979 Mr. Roberts stated that possibly Mr. Strnad was not here when we discussed the subjeot of how this should be drafted and it is based on ~a new State law and this is what ~we have done and the Board will receive guidance from an attorney. There are many other violations to go before this Board such as parking~ debris on tawn~ etc. We have followed tke State guidelines. Mr. Strnad asked if the State law gave the minimum amount of people to be on the Board and Mr. Robert~ replied that according to the law there should be an ar~hitect~ businessman~ engineer~ realtor and general contractor~ and an attorney .will be available for guidance. At this time~ Mayor ~a~mening declared nominations open ~for members of this Board. Mr. Roberts stated at the last meeting~ he asked to hold off until tonight until resumes were received. He received a re- sume giving us an expert in the field,of architecture. Also~ the appointments are to be one member for one year~ two members for two yea~s and two members for three years. Mr. Roberts then nominated Mr. Samuel Scheiner, an architect who submitted an e~cellent resume and is a resident most of the year. He added this nominationwould be for the one year term. Mrs. Riscoe moved that nominations be closed. Mayor Harmening an- nounced sinoe there were no other nominations, Mr. Samuel Scheiner shall be appointed for a period of one year. Mr. Roberts suggested making the nominations according to the list of professions noted. Mayor Harmening agreed and declared nominations open for the businessman to be appointed for a term of two years. Mr. T~auger nominated Mr. George C. Davis. Mr. Strnad moved that nominations be closed. Mayor Harmening an- nounced since there was only one nomination~ Mr. George C. Davis will be appointed for a term of two years. Mayor Harmening declared nominations open for the engineer. Mr. T~auger nominated Mr. Enrico Rossi. Mr. Strnad moved that nominations be closed. Mayor Harmening announced since there was only one nominee~ the Chair declares the appointment of Mr. Enrico Rossi for a term of two years. Mayor Harmening declared nominations open for the general con- tractor. Mrs. Riseoe referred to Mr. Richard Kurtz submitting a resume since he is interested~ butstat~dg he is presently serving on,another Board. Mayor Harmening replied that if this man is moved around~ ~it will create an opening on another Board. Mr. Roberts read ~hrougha resume submitted by Mr. roy Ward. Mr. Trauger nominated Mr. Foy Ward. Mrs. P~iseoe moved that nominations be closed. Mayor Harmening announced since there were no other nominees~ the Chair deelares that Mr. Foy Ward will be appointed for the term of three years. -13- MiNI1TES - REGULAR CITY COUNCLL MEETING BOYNTON BEACH~ PLORZDA OCTOBER 2, 1979 Mayor Harmening declared nominations open for the realtor. Mrs. t~iseoe nominated Mr. Richard Lambert for three years. Mr. Roberts moved that nominations be closed. Mayor Harmening announced since there was only one nominee, the Chair declares that Mr. Richard Lambert be appointed for a three year term. Mayor Harmening clarified that the Board is constituted with one architect, Mr. Samuel Scheiner; one businessman, Mr. George ~. Davis; one engineer~ Mr. Enrico Rossi; one general contractor, Mr. Foy Ward; and one realtor~ Mr. Richard Lambert. Consideration of Board Attorney Mr. Roberts asked if the regular City Prosecutor, Mr. Thomas J. Woolley, could siton this Board since he is involved handling the violations and Mr. Vance replied that Mr. Woolley 'would have no p~oblem representing the Board except with reference to items he is currently prosecuting. Mayor Harmening asked if he contem- plated that items presently before the dourt'would be dropped and referred to this Board and Mr. Vance replied that probably .it would be a judgment call whether or not prosecution will continue on items filed in County Court, but it p~obably would be a good idea to follow throughon items filed in County Court. Mayor Harmening clarified that there would be ao conflict. Those cases not filed would come before this Board. Mr. Roberts clarified that this attorney would be in an advisory capacity to the Board with the work and decisions being done by theBoard and Mr. Vance replied that the attorney would be strictly an advisory to the Board. Mr. Strnad asked if this would be a quasi-judicial Board and Mr. Vance replied affirmatively. Mr. Vance eontinued that he does not know if an amount was con- sidered for paying the attorney when the budget was adopted, but he does not think a la~ge amount will be needed as he does not see a meeting being held more than once or twice a month and the meetings should not be that long. Mayor Harmening asked how many cases were pending in County Court and Mr. Vance replied there are approximately,35. Also~ a substantial number may be in the letter writing stage and not filed. Mayor Harmening suggested that Mr. Cheney meet with Mr. Woolley to see where we stand and those not being actively pursued be referred to this new Board. Mr. Trauger referred to budgetary recommendations and Mayor Harmening suggested waiting to see how it goes and discuss remuneration with Mr. Woolley. Presently we have a remunerationagreement with Mr. Woolley to handle eases in County Court. After further discussion~ Mr. Vance agreed to meet with Mr. Cheney,and Mr. Woolley to discuss this. -14- MI~/TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1979 Mr. Strnad referred to the possibility of a violator getting an unfavorable decision from the Codes Enforcement Board and asked if he ooutd appeal the decision to the Buitdin~ Board of Adjust- ments g Appeals and Mr. Vance replied negatively ~as it is a totally separate procedure and explained this Board is only constituted to cover certain violations. Mr. Str~ad asked if someone in vio- lation could go before the Building Board of Adjustments g Appeals for relief or must they stay with the Codes Enf~reement Board and take their decision and Mr. Vance replied that it will be the deoision of various departments whether to refer the matter to this particular Board. Mr. Strnad clarified that the only re- course would be to go before the proper court of jurisdiction. Mr. Cheney questioned how a chairman for this Board would be selected and Mayor Harmening replied that the Board elects the chairman. Mr. Cheney suggested that an organizational meeting of this Board be called with the City Attorney present toeex- plain the process and he will discuss itwith Mr. Woolley. Mayor Harmening agreed and Mr. Vance added that this might be helpful. He suggested that a letter be sent notifying the members of their appointments and include a copy of the ordinance establishinc the Board. Mayor Harmening requested Mr. Cheney to proceed with-this and Mr. Cheney agreed and advised he will report at the next meet- ing. Recommendations for Beach Improvement Program Mr. Cheney re~4 the following report submitted by Mr. Fredemdok: ~Based on past Council action and the preliminary priority list established, as listed below, recon%mend the following action: PRELIMINARY PRIORITY LIST 1. Litter Control and Cleanliness 2. Sun Shelter Areas $. Dune Preservation and Landscaping 4. Picnic Area 5. Bath House Faoi!ity 6. Signing Program 7. Lifeguard Facility. I. Initiate Priority ~1, Litter Control and Cleanliness based on the following details: Purchase and install refuse containers, all weather, rustresistant type. Upper Levei~ Concession, Shelters, Bath House: 14 ~ $200 = $ 2,800 Picnic Area: 6 ~ $200 = 1~200 Beach Area: 6 ~ $ 90 = 540 TOTAL = $ 4,540. -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 2~ 1979 II. Priority ~2~ Sunshe!ter Areas to be partially initiated by purchase and installation of 10 aluminum benches ~ $179 each~ inoluding shipping. TOTAL = ~ 17790 III. The remainder of Priority ~2, Renovation and Repair of sunshe!ters and Priority ~47 Picnic Area (Tables and Grills) are currently being priced and shall be sub- mitted at a Council meeting in the near future. IV. Recommend that a consultant be secured to prepare plans and specs and cost estimates for the remaining priority projects: ~37 Dune Preservation and Landscaping ~5~ Bath House Facility ~6~ Signing Program ~7, Lifeguard Facilities Mr. Cheney then referred to the recommendation that a consultant be secured and explained that we must go through~the mandated consultant selection process and suggested the 30 acre park development also be included. Mayor Harmening agreed. Mr. Strnad referred to originally discussing additional sun shelter areas and Mr. Cheney pointed out this was included under No. II and he also explained how the shelters are being repaired, He added that before finalizing the shelters, a decision about the dunes must be made and he ~plained the shelters must be lo- cated to look over the dunes. Mr. Trauger referred to dune preservation landscaping and asked if the University of Florida Advisory Service of the County Agent had been oonsulted and Mr. Cheney replied this alternative could be exp!ored~ but he does not know how much service they can offer, He added that specific designs must be prepared and the installation supervised. Mr. Trauger expressed hi~ approval of these recommendations and made a motion that the City Council follow Paragraphs I and II listed in this memo of September 26 covering the purchase of refuse containers and aluminum benches in the amounts specified of $47540 and $1~790 approximately. Mrs. Riscoe seconded the motion. Mayor Harmening clarified that it was moved and seconded to direct the City Manager and Recreation Director to pursue P~iorities I and II in the approximate amounts specified. No discussion. Motion carried 5-0, Mr. Trauqer referred to the winter season approaohing in a few months and explained how debris was a problem. He suggested plaoing some repainted oil drums around to take care of the cigarette butt pmob!em until the refuse containers come in. Also~ he feels a maximum effort should be made now to get the sand cleaned up that ~lays in the streetand sidewalks. When -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1979 the Parks & Recreation Department is re-organized and function- ing and the hurricane cleanup completed, he would like to see more emphasis given to this project. Mr. Cheney-explained that there is always a sandproblem. In regards to the re-organiza- tion of this department, there won't be any more men, but we will try to take care of this problem. Mr. Trauger then recommended investigating as soon as possible the feasibility of a consultant for the dune preservation and landseaping~ bath house facility and 50 acre park. Mr. Cheney replied that he would like to wait awhile because Mr. Frederick is involved with taking over the Parks Department which takes place November 1. Mayor Hammening clarified that no aetion is required and the City Manager will put,cue this in ~a timely fashion. Mrs. Riscoe referred to the sand blowing on the curbing being an ongoing proeess and stated that maintenance should be continuous with it kept clean in the summer as well. She asked if it 'was scheduled regularly for maintenance and Mr. Cheney replied affir- matively and added that hopefully the dune program will take care of this eventually. NEW BUSINESS Report on Golf Course Mr. Cheney-referred to meeting with the Golf Course Advisory Committee with Mr. Frederick on a number of occasions and ad- vised the Committee has also been meeting with potential golf course architects the City might want to hire. The Board of County Commissioners did take action leasing the land to the City for the golf course under a 99 year lease with some condi- tions relating to the use of the land. This got into the minutes as a warranty deed and we indicated that would be fine. Also~ the Committee, Mr. Frederick, the City Attorney, and he met with the Assistant County Attorney and Mr. Dance and talked about the issue of golf eourse use by City and non-city residents. They are going to prepare a resolution whieh we will review and bring to the Council to discuss. Hopefully,we will have a memo of understanding of the agreement telling us how the land can be used. At that time, he will prepare a proposed schedule of activities to take place in order to bring this about. Report onthe Library Mr. Cheney stated that sometime ago, the Board of County Commis- sioners decided they would not fund municipal libraries in Fiscal Year 1980 as they have in the past. They hope we would continue to have an open door policy. He thinks we are heading towards a consolidated library~system. We realized in October, we would start to charge non-city residents a fee for the use of the lib- rary because we were foreed into it. On September 18, he indicated -17- MINUTES - REGULAR CITY CCUNCIL MEETING BOYNTON BEACH~ FLORIDA OCTOBER 2, 1979 that he heard the County had taken some steps to reeonsider their positionto see about doing some ~unding for municipal libraries. There was some discussion by the Board of County Co~issioners and they agreed to draft a resolution. They asked the municipalities to keep records of non-munioipal use of the library on the basis we would get some money. There was some suggestion there would not be money for this coming year~ but in ~iscal Year 1981 and they would pay us something for the records kept in 1980. Hope- fully ~something can be worked out. It is his recommendation that while this is still proceeding through the County that we attempt to keep anopen door policy and keep it status-quo for a few weeks relative to non-city residents using the library as long as the County p~oceeds in this direction and deoide~ in November whether to remain status-quo or oharge a non-resident fee. He thinks it is gal~able as long as the County is still discussing it. Mayor Harmening stated he believes it would be incumbent upon the City Council to take some action in this regard. Now that the fiscal year has started and we have a new agreement, he be- lIsves it is neeessary for the library to make a oharge to non- residents under the existing ordinanees. We should hold in abey- ance any provisions of the ordinance. Mr. Vance replied that he has not reviewed this particular ordinanee. Mayor Harmening ques- tioned how we could aecommodate these people for the time being in light of the existing ordinanoes and Mr. Cheney replied that it is his recollection that the status is not an ordinance but ~ vote by the City Council some months ago saying we would start ehamging non-residents. Possibly a statement of attempt could be made by the Council until the ordinance is researched. Mr. Roberts referred to the work involved to separate the resi- dents from the non-residents and Mr. Cheney replied that he thinks this has been done by the library and he told about the addresses haging been checked. Mr. Vance suggested that perhaps the City Manager needs to review the proeedures for moving into the situation without the County eontraot in detail to make sure everything is done correctly. Mayor Harmening agreed and suggested until then that the librarian be instructed not to take any hasty actions. He clarified that diseussion indicates that the Counoil is seeking to explore ways and means of aceommodating the County and residents of the County in the use of the public library and until such time as details are worked out, we will try to be accommodating. Report on Motorola Mr. Cheney announced that an application was received from Motorola today. Also, the Treasure Coast Regional Plannin~ Agenoy has received an application and is reviewing it. The next step is for them to identify the sufficiency of the applica- tion which should be by October !2. We are now awaiting a rezon- lng applieation. At the moment everything is on target and the applieation is in central file. Favorable comments were expressed by the Council. -18- MINUTES - REGULAR CITY COUNCIL ~EET!NG OCTOBER 2, 1979 BOYNTON BEACH, FLOt~DA Report on Bike Paths Mr. Cheney~advised thatinformation has beensent to the County with a requestfor their joint funding. He will give a more detailed report with an exact status at the next 'meeting. He is waiting for the County to respond to our request. Mr. T~auger explained that he was concerned about the present bike paths and designating signage for them. Also~ the bike pa~hs are overgrown with sand along the beach front. The plan should be implemente~ where portions of streets have been designated for bike paths. Mr. Cheney replied that he will work this into the schedule. Report-on T~ee Ordinance Mr. Vance reported that he just recently obtained a copy of this massive ordinance and has not had the time to review it. Mr. ~auger suggested the bike paths and tree ordinance to be held in abeyance. At this time, Mayor Harmening declared a five minute recess. He reconvened the meeting at 9:45 P. M. ADMINISTRATIVE Replacement to Building Board of Adjustment L Appeals (Tabled) Mr. Roberts moved to take this from the table~ seconded by Mr. Trauger. Motion carried 5-0. Mayor Harmening asked if anyone had a nomination for a replace- ment member on the Building Board of' Adjustment g Appeals. Upon receiving no response, he referred to receiving in the mail a resume f~om Mr. Henry G. Hyams, a long time plumber~ and stated the opening on the Board was made by the resignation of a plumber. Mr. Trauger commented that the resume was very good and the man seemed very well qualified. He then nominated Mr. Henry G. Hyams~ seconded by Mrs. Riscoe. Mr. Strnad moved that nominations be closed. No~a~ation carried 5-0 appointing Mr. Henry G. Hyams to the Building Board of Adjustment S Appeals. Appointment of Alternate to Board of Adjustment (Tabled) Mr. Roberts moved to take this from the table, seconded by Mr. T~auger. Mayor Harmening ascertained there were no nominations for this posltion and Mr. Roberts moved to put this back on the table~ seconded by Mr. Trauger. Motion carried 5-0. -19- MINUTES - REGULAR CITY COUNCIL MEETING OCTOBER 2, 1979 BOYNTON BEACH~ FLORIDA Ratification of Proposed Fire Fighters Union Contract Mr. Cheney referred to submitting a copy of the existing current union contract which teehnically ended on October 1, which by mutua% agreement we did eontinue to eomply with for 15 days and stated also submitted were several pages containing the new and/or amended artieles. Since this was the first time he met with this union, he enjoyed the opportunity to do this. As long as we have a union, we should negotiate in a good faith effort. He thinks the meetings were pleasanT, even though we did notagree on every- thing. We did have serious disagreementson a number of things as to interpretation, etc. We do have a fair contract for both the City and union. He thinks the proclamation the City Council passed tonight relative to the Firemen~s Memorial Sunday is a good step to union relationship. There will always be disagreements, but possibly they will narrow down. Mr. Cheney then referred to some of the things in the contract negotiated and explained there was a long standing problem of additional pay to EMT I and II's, but this has been solved with recommending an additional 5% for certified EMT I and anaddi- tional 10% for certified EMT II. He to~d about diseussing physi- cal exams and advised one area not included is the area o~ stress tests. The union was concerned about improving eommunications and it was agreed a copy of all memos and notiees will be posted on the bulletin board with a copy sent to the secretary of the union. Also, we agreed to one other proposal relative to when a fire fighter below lieutenant works out of elassifieation with this contraet proposing if they do that for three shifts out of a 30 day period~ we would eompensate them at the next highest grade. In regards to vacation, we basically allowed them to accumulated more than the maximum of two years. We had a long discussion on edueation and training~ He explained that education not required for certifieation will not be done on City time since he is eon- cerned about the ability to man the fire station. Also, it was indieated it would be more flexible to take vacation on short notice as long as the chief felt it was covered on that particu- lar night. He indicated he is not opposed to educati~employees, but the primary area is to be sure to have the number of people necessary to respond. Also~ one of the things in the current contract suggests each year at the appropriate time, the fire union can indicate to the City those articles they wish to open in the coming year's negotiations, but nothing is ineluded about the City opening articles for negotiations. This new eontract recognizes both sides to have responsibility. Mr. Cheney stated in conclusion, he wants to point out he is con- cerned about taking out educationand training. He is coneerned about training and balanee between the fire fighters and paramedies. -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 2~ 1979 Mr. CheneM continued that he has told the members of the depart- ment that he will be addressing this throughout the coming year. He recommends ratification~o£ this eontract bythe City Couneil. He hopes we will have positive relationships with the Fire Depart- ment and Fire Department Union. Mr. Roberts referred to the i~l~ievanee Procedure under Article 24 and asked ifthis applied since it is covered by Civil Sera, ce and Mr. Cheney informed him the grievanee of this particular eon- tract would be through the procedure in this eontraet. This is to cover disputes rising out of this particular eontract. Mr. Roberts referred to the increase being 6.5~ and explained this inereases the City's contributions to the pension, etc. and suggested that theadditiona! fringe benefits should be noted from time to time. Mr. Cheneyaqreed that everything in the contract has a cost whether direet or indirect and this was dis- cussed throughout negotiations. Mrs. Riseoe moved for ratiPieation of the proposed fire fighters union contract with the proper City officials to sign the contract, seconded by Mr. Trauger. No discussion. Motioncarried 5-0. Mr~ Trauger added that he has been following the fire prevention monthly reports for about the last seven to eight months and ex- plained that ~hey have been excellent reports pointing out in detail that the number of calls have been.increasing about 70 to 80%~ but the aetual losses to the City have been decreasing at a oonstant rate. Statistically this means the people of Boynton Beaeh will be saving money on their annual fire insuranee. In spite of handicaps in ~personnel~ this points out that Boynton Beach has anexcellent Fire Department doing a favorable job. Request Permission for Office/Construction Trailers A. G. Drake, Agent for Bland Construction Holiday inn Project, N. W. 2nd Avenue and 1-95 Jack Imiea and John Arnold of J. J. Assoeiates~ Inc. Job Site: S. E. 4th Street and S. E. 21st Avenue Mrs. Riseo~ moved to grant permission for Mr. A. G. Drake and Mr. jack Pica andMr. John Arnold for temporary construction trailers at the designated sites~ seconded by Mr. Trauger. No discussion. Motioncarried 5-0. Discuss Responsibilities of Community Relations Board - Councilman Roberts Mr. Roberts referred to having some problems on this Board last year and stated he felt in talking with them, we could eliminate some of it. He has been very much involved with this Board from -21- MINUTES - REGULAR CITY COUNCIL MEE!TNG BOYNTON BEACH, FLORIDA OCTOBER 2, 1979 way back and they have done a good job. The City has diverted a lot of money and employees ~-ith working to upgrade the area, im- prove facilities~ improve 10th Avenue, etc. It was suggested that the City Council give some guidelines to this Board and two reso- !utions have been passed covering the duties of this Board. One resolution pertains to being a liaison between the City and the Housing Authomity and he thinks most of their work revolves around that with upgrading the housing. The other resolution pertains to health, welfare and safety. We have 13 Boards at least and each Board is guided by a set of ordinances or resolutions. In order to operate the City, he thinks we must have some kind of direc- tion these Boards go in. Mr. Roberts stated that after Peading the minutes of this Board?s last meeting, it was so confusing and it seemed everyone was at each other and they did not get total consent to any items brought up. He does not think some of these items are germane to their performance. He suggests there be a new resolution or the Board should operate under the existing resolution. Mr. Roberts stated that one of their activities seemed to be en- croachment on another Board and he told about observation commit- tees being appointed. The members talked about an officer obtain- ing pension and this is handled through the Potiee Pension Board. Yet~ these members are going to look into this matter and prepare a report. He does not think they have any jurisdiction over this. He does not know if they want to supervise the committee or what, but this information is available from the City Manager. Mr. Roberts stated thatanother item discussed had to do with spedding money. This Board approves monies for the Day Care Center. This Day Care Center was originally and still is a federally funded center and is doing a good job. However when the City~ who is responsible to the people for handling funds, has g~ven.an okay for $18~000 and receives no statements~ he thinks it is incumbent upon the Council to look into this and see where it is going, Mr. Roberts commented that there was a remark along the line that he is supposed to be leaving the City and it was questioned why he is butting in on this. He regrets that he will only be a member of the City ,until the first week in January~ but he doesn't think he should sit back and not take a stand when~some things are questionable. He is not thinking about giving them a hard time. This Board is supposed to be promoting community relations and he thinks the City Council should be a part of those community relations. Whenyou encroach on the City Council's responsibility ~of setting policy and conducting the work of runninga government~ that is a political issue. This Board has stated they'want a full time attorney. He does not object to suggestions being made -22- MINIlTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, ~"LORIDA OCTOBBR :2, 1979 individually; butas a Board~ he does not think they have the responsibility to ask us for a ~ull time attorney when this item has been disoussed many times by this City Council and the min- utes eontaining th~se discussions are posted on the bulletin board. The Couneil decided a full time attorney would be expen- sive and not feasible. This is not a question of health, welfare or housing. Mr. Roberts stated this Board has also asked for districts. He is trying to figure out how we can have districts where we have 27000 acres under development with only cows. It is difficult to ereate districts in a City in the middle of a eonstruetion boom. Mr. Roberts stated the last item mentioned by this Board had to do with a dinner and remarks were made about this Council copping out. He spoke to a member of this Board before one meeting when an item was on the agenda for having a dinner for Mrs. Costin who has done an excellent job. Ne .explained to the member that usually there are about six retirement dinners per year which the Council members attend and we pay our way and he didn't think public funds could be used for this purpose. However, he did sug- gest, which he thought the Counoil wouldn't object to, that a re- quest be made to the City Manager and possibly money would be available for a oelebration with snacks and a drink. This was discussed many times. Mr. Roberts stated he thinks these matters should be discussed and copies of these resolutions forwamded to the Board. The Board has made excellent progress with 'low cost housing. As far as Mrs. Costin~ he thinks this Council should draft a resolution honoring her dedication of time and effort for so many years to be signed by the members of the City Council suitable for framing. However, he thinks this Board needs some direction. Mr. Roberts then made a motion to draft the appropriate resolution to Mrs. Costin for all the work, efforts and good she has done for this community and present it to her suitable for framing. He suggests the other items remain in the proper area. Mr. Trauger seconded the motion for the resolution. Mayor Narmening clarified that it has been moved and seeonded to instruet the City Attorney to drag a resolution pramsing Mrs. Costin for her work in the Day Care Center. No discussion. Motion carried 5-0. M~. Roberts stated the other suggestion is to send oopies o£ these resolutions to the Chairman and members of this Board and to ask questions if they are uncertain about the guidelines. Mrs. ~iscoe replied that she has taken time out and has spoken to Mr. Cheney about this Board. She has felt this Board has done absolutely zilch. She has attended many meetings. At this particular time, -23- MIRVdTES - RECULAR CITY COIiNCTL MEETING BOYNTON BEACH~ FLORIDA OCTOBEt~ 29 1979 she was glad to see the Board had written something whether poli- tical or not. If we are sittin~ here with our heads so inflated that we cannot listen to what-other people have to say~ we have a problem. Itlmay not be what we want to hear~ but they have the right to brin? it to us. She has been very upset that we have not gotten any input. The Board up until the last month has been lay- ing dormant. She concurs withthe sentiments regarcling Mrs. Costin. She takes exception that Mr. Roberts is nit picking these minutes. How many meetings of the Community Relations Board-has Mr. Roberts attended this year where he could have given input rather than sit here and degrade them? Mr. Roberts referred to Mrs. Risooe~s statement about the right to speak and statedthat as individuals they can speak to the Council at any time, and we will listen; but as a Board, they are supposed to work under the guidelines. If theyare going to get into poli- tics which is the duty of this Council, hep too, can speak and be heard. There is no argument that they have done a good job. He does not agree with Mrs. Riscoe that they have done nothing. They should follow the guidelines and make comments when they have grounds for it. Mr. Strnad stated that if there is disagreement with something written on paper~ you~should just throw it in the basket and forget about it. Mr. Roberts replied that he was trying to correct this matter. At this time, Mrs. Padgett advised that Mr. John Miller had requested to speak on ttm~s subject. Mr. John Miller, 198 S.E. 27th Avenue, and Vice Chairman of the Community Relations Board~ came before the Counei!. He stated he doesn't intend to get into controversy over this controversial Board. When dealing with community relations, it is a constant controversy. He then read Section 2 of Resolution No. 78-!I defining the responsibilities of the Board and stated this is what this Board is ~oi~3. it is stated in general; but if it is to be specifie~ then the areas to be covered should be stated. He requests the Board be given direction of what Fir. Roberts is stating theynnee~. Mr. Roberts informed Mr. Miller that in his opinionthis resolu- tion was drawn more or less ~o protect the rights of minorities which includes housing, upgrading the way .of life, improving the neighborhood~ putting in parks and cemeteries, etc. He does not think it has to do with policy making or anything political or government. He also doesn't think the Board should butt in on another Board. There are 12 other Boards and they stay within their guidelines. A statement was made by a member that this Board represents the whole City. He thinks if this is too bread and causes confusion, it should be amended. -24- MINUTES - REGULAR CITY COUNCIL MEETZNG BOYNTON BEACH~ FLORIDA OCTOBER 2, 1979 Mr. Miller responded that speaking as an individual, he thinks it is ineumbent upon the Council as the directors of the Board to delineate what is political and what is not. The Board will dis- cuss the statements made at their next meeting.and he hopes they will come up with.answers to give an idea where they stand. Many of the items brought before the Board are political. To say a ~ull time attorneyis more political then renovating a cemetery in a certain section of town~ it is hard to draw the line. Mr. Roberts replied that this particular item had been discussed at least six times by'the Council and itwas reviewed thoroughly. Good reasons were given for the CouncilTs decision and a vote was taken. Then~ this Board makes the recommendation. Also~ the same thing-applies to districting. The City is in a state of expansion and it is almost impossible to have any districts and they would have to be re-aligned every year. There are also other arguments against it. This has been discussed and has been turned down. Mr. Miller stated that he welcomes this kind of discussion of what has transpired at the Board,s meetings, He asksdM~. Roberts to attend the meetings like Mr. Trau~er and Mrs. Riscoe have done. This is one of the few times the Board is getting some feedback~ which is what they have wanted. If it creates too much contro- versy to reply,to their memos~ then maybe they should refrain from sending memos. Mr. Roberts clarified that he was just trying to solve these matters in ~a peaceful way. He told about making a personal effort for this based on being instrumental in the creation of this Boar~ to solve inter-racial problems. He thinks progress has been made~ but by,reading the minutes, this Board ib being critical of the Council, Mr. Miller replied that he didnTt think theywere being critical and also~ they do notargue all the time. He thinks they have submitted constructive resolu- tions and memos to the Council. Mr. Sam Wright~suggested that before Mr. Roberts leaves office, he should talk to other officials in other municipalities about this. $9%~c~tign!°f C°nsu!tant~ Neighborhood strategy Area (community Development/Target Area) Mayor Harmening referred to a recommendation being submitted by the City staff and pointed out that~in the screening of appli- cants, four have been ~recommended. He referred to the action necessary~and Mr. Vance suggested the Council schedule time for brief presentations to be made by,at least,three of the firms. -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 2, 1979 Mayor Harmening suggested having a workshop meeting for the inter- viewing and questioned ho~ much prior notice these firms needed? Mr. Annunziato replied that seven to ten days notice would be ade- quate. After discussion, it was agreed to hold a workshop meeting on Thursd~y~ October 18, to conduct these interviews. Mr. Vance clarified that these presentations oan be made at the workshop meeting with the City Council to take formal action designating one at the next regular meeting. Mr. Annunziato suggested it might be helpful to put a time limit on the presentation,and Mayor Harmening agreed and suggested ten minutes. Mm. Cheney ascertained it was oonvenient to have the meeting at 7:30 P. M. Mayor Harmening requested M~. Cheney ~to notify the first three firms and if one was unable to respond~ then the fourth firm listed be used as an alternative. Contract Approval for Water Lines - Seaway Villas Mr. Cheney,informed the Council this is the first eontract under the new utility ordinance with over-sizing~ eto. It is a simple contract because there is no disagreement with the developer. The only issue is the installation of a 16" water line to the east of the property-adjacent to the railroad. The developer has agreed 6" of that'water line is his obligation for the whole length of the pmoperty. We know the cost of the 6" the developer has agreed to and we have agreed to the difference for oversizing. In ac- cordance with Ordinance No. 79-18~ we have agreed the developer will get capital facility charge credits for oversizing. The only problem is that the contract was not ready on Friday to be forwarded for the Councilfs review, so it aah be postponed for two weeks. Mayor Harmening clarified that this is in accord with the City paying their shame for the oversized lines for the City?s benefit and the contractor paying for the amount of lines installed for his benefit. Mr. Cheney added that the City Attorney and Mr. Cessna are in agreement 'and he recommends sign- ing this contraet. Mr. Vance questioned the blank for the number of residential equivalent units on Page ~ and Mr. Cessna informed him it would be 42 plus the clubhouse with swimming pool. Mayor Harmening clarified that the insertion would be 58.8. Mr. Vanee added that in reviewing the contraot~ it will be noted there are pages of things which the developer will do and two short paragraphs of what the City will do. Mrs. P~scoe moved for approval of this contract for the water lines for Seaway Villas with the insertion of 58.8 units. Mr. Trauger seconded the motion. No discussion. Motion carried 5-0. -26- MINUTES -REGULAR CITY COUNCIL MEE!~fNG BOYNTON BEACH, FLORIDA OCTOBER 2, 1979 Application for Use of Council Chambers - High Point Boulevard Association, Ina., Section 4 Mr. Robemts asked if the date requested was an open date for the chambers and M~s. Padqett replied that the afternoonis no problem. Mm. Roberts moved to allow them to use the place, seconded by Mr. Trauqer. Hnder discussion, Mr. Trauger questioned the use and Mr. Roberts informed him it would be for their annual meeting. Mr. Strnad commented that he thinks we should not charge the tax- payers to use their CityHall. Mayo~ Hammening agmeed this was a good point, but we.wou!dnot have any~eontrol and people would be inand out eonstantly~and there are cleanup problems, etc. Motioncarried 5-0. Application for Permit to Solicit - League of Women Voters of South palm Beach CountY, Inc. Mm. Roberts moved to grant this permissionto solicit, seconded by Mrs. RiScoe. Motion carried 5-0. OTHER Mr. Roberts stated that he thinks this Council shouldask for a report from the Day Care Center and Mrs. Riscoe replied that the Community Relations Boamd has asked for one. Mr. Trauger sug- gested that we request the Board to ask for a financial report to be submitted fmom the Day Care Center and Mrs. t~iscoe replied that we should ask the Day Care Center directly,as they do have a three month audit. Mrs. Riseoe moved to direct the City Manager to ask the Day Care Center for a f~nancial report periodically, seconded by Mr. Trauger. Under discussion, Mr. Roberts commented that he thinks a statement~shou!d be submitted showing where the money.is being spent as we have increased our contribution by 400% over the yeams. Motion carried 5-0. Approve~ of Bills Mr. Cheney read the following bills for app~ova!: E.V.F., Inc. Custom Ambulance Pay fmom Genema! Fund 001-221-522-60-81 Council approved 6/5/79 27,951.00 !,B.M. Corp. Rental ~or September Pay from General Pund 001-133-513-40-21 6,645. O0 -27- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLO1LIDA OCTOBER 2, 1979 Jones Equipment Repair on Star Tran MK-303-A -Poliee Dept. Payfmom General Fund 001-21!'521-40-33 930.00 Allied Universal Corp. 2,324.50 Chlorine fOr Water T~eatment Plant pay f~Om Water $ Sewer Revenue Fund 401-332-533-30-63 Charles E. Waldner yearly,physicals for police officers Pay from General Fund 001-132-513,10-49 1,560.00 Nalco Chemioa! Co. 1~761.44 Naleo POlymer ~or Water Treatment Plant Pay from Water L Sewer Revenue Fund 401-332-533-30-65 Lanier Business Produots, !nc. Reader-Printer & Service tot 15 mos. Pay from General Fund 001-122-512-40-99 001-122-512-60-72 Couneit approved 8/21/79 215.00 1,709.00 1,924.00 Retirement Plans, Inc. Pro~essional servioes rendered inoonneetion%rith general employees retirement plan Pay from Retirement Trust Fund 6!1-861-586-20-29 861.25 Willie RuthMoGrady 96.00 Server ~or Senior Citizens Club - 2 weeks Pay from Federal Revenue Sha~ing Fund 320-641-564-40-5A Ordinance ~73-15, passed 5/15/73 10. Isiah Andrews 110.00 Dmiver ~or Senior Citizens Club - 2 weeks Payfrom Federal Revenue Sharing Fund 320-641-564-40-~A 11. 12. Russell & Axon 626-681-45-4 Inv. ~2 Professional services rendered in oonneetion with Regional Lift Stations &Foree Mains Pay from Utility General Fund 401-000-169-11-00 Authorization dated 6/19/79 1,317.95 Russell & Axon 626-681-44-2 Inv. #4 Professional services in oonneetion with Water Storage Tank Pay from Utility General Fund 401-000-169-01-00 Authorization dated 5/2!/79 580.00 -28- MINUTES - REGULAR CtI~Z COUNCIL MEETING BOYNTON BEACH~ FLOP/DA OCTOBER 2, 1979 13. Russell &Axon 626-681-30-4 Inv. ~!5 Professional services inconnection:with Mirror Lakes S/Doff-site utilities Payfrom Escrowed Acct. 401-000-220-53-00 Authorization dated 6/6/78 1,508.16 14. Russell & Axon 626-681-40-1 Inv. ~6 Professionatservices in connection with S~wer EvaluationSurvey 401-000-169-11-00 Authorizationdated 3/23/79 2,500.00 15. Russell L Axon 626-681-04-1 Inv. ~6 Professional services in,connectionwith O.LM Manual Pay 'from 1978 Water & Sewer System Constr. Fund 401-000-169-12-00 Authorization dated 10/12/77 1~260.00 16. Russell & Axon 6~6-681-04-3 Inv. ~10 Professional servmces performed as general consult- ing engineers during construction of Lift Stations and Force Mains - Parts A & B Pay from 1978 Water S Sewer System Constr. Fund 401-000-169-12-00 Authorization dated 10/12/77 6, 598.08 17. Russell & Axon 626-681-04-6 Inv. ~10 Professional services in connection with resident project services during construction of Lift Stations L Force Mains -Parts A & B Pay from 1978 Water L Sewer System Constr. Fund 401-000-169-12-00 Authorization dated 10/12/77 598.08 18. National League of Cities Membership dues 10/1/79 - 9/20/80 Pay f~om General Fund 1979-80 Budget 1,024.00 Mayor Harmening questioned when we subscribed to membership in the National League of Cities and Mr. Cheney replied it was pro- posed in the Upcoming budget. Mayor Harmening commented that he doesh~t recall any time that we subscribed to the National League of Cities and as far as he is concerned, that is $1,024 which can be saved. Mr. Cheneyadvised that he will report back to the Council On this. ~ Mr. Strnad questioned why the amounts of Items 1~ and 17 were identical for Russell & Axon and Mr. Cheney replied this happens every month as there are two contracts for the same amount of money involved with their respective work. One is for professional services in connection with resident project services and the -29- MINUTES - REGULAR CITY COUNCIL MEETING OCTOBER 2~ 1979 BOYNTON BEACH~ FLORIDA other is for P~ofessional services performed as general consult- ing engineers. They are two separate previously ,approved eon- tracts. The basic original prioe of the contract was set by EPA. Mr. Strnad stated he w/il have to agree with the Mayor regarding Item 18 as he is opposed to paying anything of that ~amount to the National League of Cities. Mr. Cheney replied that it is his own feeling that-this is a valuable Organization and we do get good service. Mrs. Riseoe moved to pay the bills excluding Item 18~ seconded by Mr. Trauger. No discussion. Motion carried 5-0. Mr. ROberts made a motion to adjourn~ seconded b~ Mr. Trauger. Motion carried 5-0 and the meeting was properly 'adjourned at 10:55 p. M. ATTEST: ~' ~ ~City Clerk Reo6~lng S'e~retary (Pour Tapes) :~ITY OF BOYNTON BEACH~ FLORIDA -30-