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Minutes 09-04-79MINUTES OF THE REGULAR CITY COHNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH~ FLOP~IDA, TUESDAY, SEPTEMBER 4, 1979 AT 7:30 P.M. PRESENT Betty Riscoe, Viee Mayor David Roberts, Councilman Norman F. Strnad, Councilman Walter T'Marty'~ Trauger, Councilman Peter L. Cheney, City Manager Betty Boroni, Deputy City Clerk James W. Vance, City Attorney Vice Mayor Riscoe welcomed everyone and called the meeting to order at 7:30 P. M. She announced the invocation will be given by Rubin Lefkowitz~ Lay Rabbi, Congregation Beth Kodesh~ followed by the Pledge of Allegiance to the Flag led by Councilman Norman Strnad. AGENDA APPROVAL Mr. Roberts requested the addition under Administrative, Item D-2, Discuss Appointment to Boar~ of Adjustment. Mrs. Riscoe referred to the City Manager bringing several other additions to her attention and requested the following additions: ANNOUNCEMENTS: 1. Status Report from City Manager Re: Recent Hurricane as far as City Faoili- ties° 2. Resolution and/or Confirmation of Recent!yAppointed Department Heads - Fire Chief and Utilities Director. 3. Proclamation Re: Constitution Week. BIDS: B. aT, Water Line on N.E. 12th Avenue ADMINISTRATIVE: D-2 Discuss Appointment to Board of Adjustment. G. Discussion of Access Road to 55 Acre Parcel. Mrs. Riscoe added that she has one correction under Administrative, Item A, the name of the gentleman is Erling. At this time, Mr. Vance arrived and apologized for being late. Mrs. l~iscoe advised him that under Announcements, she requested discus- sion of whether a resolution and/er confirmation is needed for the appointment of new department heads and Mr. Vance ir~ormed her that it is not necessary for the Council ~o oo~nfirm the appointments of department heads appointed by the City Manager. Mr. Roberts moved adoption of the agenda as corrected, seconded by Mr. Trauger. Motion carried 4-0. ANNOUNCEMENTS Status Report on Recent Hurricane Mr. Cheney referred to the hurricarenot being as severe as expected, but advised we were prepared. He will submit a written report after MINUTES - REGULAR CITY COUNCIl MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 4, 1979 a meeting tomorrow. From the point of damage~ primarily there were just branches down and the sand was blown on the parking lot at the beach. The awning at the civic center did get blown away. He told about the employees being very cooperative and getting the City buildings ~llyprepared with all equipment moved inside. However, some buildings had to be covered with plywood and he would like to discuss the expenditure of money for shutters so we do not have to rely on plywood again. He was surprised the shelters were not used to a greater capacity and told about having more room with being prepared for medical emergencies at the civic center. The employees called came to work willingly-and within a few days, he will compute a bill of the overtime cos~ for personnel. However, from the point of view of cost in losses, he does not think we had much .and does not think there was much in the community. Mr. Trauger stated he thinks the City Council and citizens should officially thank the City Manager and those who worked in this for their great service in implementing the emez~ency plans. He would like the City Manager to write a letter to all those employees who came in expressing our sincere appreciation for their outstanding service to our City during Hurricane David. Also, that a copy of this letter be placed mn each employeeTs personnel file. Mrs. Riscoe agreed. Mr. Trauger so moved, seconded by Mr. Roberts. No discussion. Motion~carried 4-0. Mr. Strnad stated in the future if there is any hurricane alerts warning or watch, he would like to be sure any of the contract~rs~ builders, etc. are Uroperly notified ahead of time to secure any matemials lying around which could cause some damage. He noticed they were very lax in a number of cases. He thinks they~should receive notifieation from the City advising they must conform to requirements if there is a possibility of a hurricane hitting us. Mr. Cheney agreed and advised about a month ago, we sent a letter to all contractors reminding them of the ordinances. Last week, a major number of contractors were visited notifying them what should be done. The problem is people indinate they will do some- thing~ but it is not followed through. The contractors workin~ on the Seacrest Blvd. project and the sewer line project had a lot of barricades out, but they were picked up on Sunday and holes were filled in. Resolution and/or Confirmation of Recently Appointed Department Heads Mr. Vance referred to Section 49 of the Charter and read paragraph (a) and advised this language is subject to interpretation, so it may be appropriate to have the department heads appointed confirmed by the Council. Mrs. Riscoe stated the only reason she mentioned this is because when prior appointments were made, this was done. Mr. Cessna came aboard this morning and she wanted to make sure to tie up anyloose ends. Mr. Cheney requested the City Council to ask the City Attorney to submit a written opinionnindicating very -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 4, 1979 clearly what thiswhole process means for the future. It is very important it should be clear whenlt takes place witha total mean- .ingand what 'This meaning puts on the appointive responsibilities and supervisory ~responsibilities of the City Manager. Mrs. Riscoe referred to the word "confirmation~T not being clear and Mr. Vance informed her that confirmation does imply after the fact. He ad,ed this particular wording is not found in the typi- cal strong city manager charter. The entire intent of all three sections i~ to provide for the City Counoil to be the polioy mak- ing body and the City Manager administers the City. The phrase does not define off-leers. Mr. Cheney stated if the Council has the responsibility to oonfirm, they would also have the responsibility not to confirm and Mrs. Risooe replied that ~aetually it would be giving a vote of confi- dence, but the whole section is vague. Mr. Cheney added the inter- pretation is important. At this time, Mrs. Riscoe weloomed back into our City, Mr. Perry Cessna, and added that he left last 'year but we are very fortunate to have him back. Proclamation Re: Constitution Week Vice Mayor Riseoe mead a proclamation proclaiming the week of September 17 thru 23, 1979 as ConstitLrt~on Week. MINUTES Regular City Council Meeting - August 21, 1979 Mr. Roberts moved the adoption of the minutes of August 21, 1979, as recorded, seconded by Mm. Trauger. No discussion. Motion oaz~ied 4-0. Mr. Roberts added that at our last meeting, we briefly diseussed the appo%ntment of the City Attorney and he took exception to some of the remarks made and requested a verbatim transorip% so there would not be any doubt. He would like this added to the minutes so when they are posted on the board, this can be read. PUBLIC AUDIENCE Vice Mayor Risooe announoed if anyone wished to speak onany ~tem on'the agenda to please eome forward and give their name to the Acting City Clerk. If anyone wishes to speak on any item not on the agenda~ they may do so at this time. Mr. Edgar Lewis~ 1391 S.W. 27th Avenue, stated he would like to disouss the Big Bass Waterway between 26th and 27th Avenues be- tween l!th and 14th Streets. Me cannot get answers to what he MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA SEPTEMBER 4, 1979 thinks are simple questions. He would like to know who owns this canal, who is responsible for the maintenance of this manal and the maintenance of the canal bank at the end of the street. He has the plat from Palm Beach County for Golfview Harbor Section 2 which was recorded in 1961 and it indicates the streets and waterways are dedimated to publim use. He has montamted the City administration .and they have referred to the developer. He did not buy his house from the developer and does not feel he owes him anythinq and feels it is a City funmtion. He would like to know how he man get answers to these questions. Vice Mayor Riscoe asked if Mr. Cheney Knew anything about this situation and Mr. Cheney replied affirmatively and stated that both Mr. $ Mrs. Lewis know ~e is not able to give complete ans- wers but he is trying to. Part of the problem is in connemtion to a streetwhich has been built in Golfview Harbor which crosses the canal. There are some questions about 'the responsibility regarding the headwa!l of that bridge. The culvert slipped in during the Apl~il storm and it should be rebuilt and we have been discussing it with the developer. It is our position at the moment that we cannot mertif¥ it was built morremtly. We~do not have mertifimation from the engineer it was built ammording to p!ans~ but 'the developer says he does have this. The question is who is responsible for rebuilding that ~area and cleaning out the end of this canal. What we do in one canal affemts what-we do in other canals. This area has also been compounded since we have had a relatively dry 'spring. We have had pollution in this canal the same as in other mana!s throughout the City. It is unfortunate this canal ends ~ehind this property owner. He just does not have a total report on what the solution to this problem is going to be. Mr. Lewis asked whe~ he mould expect an answer? His ma.in monaern is maintenanme. He has not seen any maintenance done by the City and wants to know whether it is a City manal or not? Mr. Cheney replied that an additional question is what is the City willing to accept in the budget for maintenance of manals throughout the City. The ownership is hazy ~n the canal structure throughout the City. Mr. Cheneyadvised that Mr. Clark just indimated that Mr. Michaels, the deve!ope~, did call today and there will be a meeting with him tomorrow. We have been trying to meet with tb~ developer and his attorney to hopefully monvinme them they have some responsibility to clean out the end. Mrs. kismoe asked if possibly by our next regular Council meeting we would be able to give ~Lr. Lewis some explanation as far as maintenance is conmerned and Mr. Cheney replied affirmatively that he will have a report as to where we stand for the next meeting. -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 4, 1979 Mr. Roberts stated before the City oommits itself, he thinks the records from the past should be checkedd Somewhere along the line this has come up and it was pointed out the developers built these canals and it is actually not the property of the City nor is it our particular job to maintain them but we have helped in the con- trol ofwater lilies. Mr. Cheney agreed and advised we do have a spraying program covering the eana!s. Vice Mayor Riseoe announced that two weeks from tonight, we will have additional information to give. This is the first ~she has heard about this. She is interested in knowing what is happen- ing regarding these eanals and the maintenance since one is be- hind her house. Mrs. Zibelli, 440 Ocean Parkway, thanked the newspaper reporter, Mr. Cohen, for his article in the Sun Sentinel. She referred to a tornado going through her yard and damaging her fence and stated she has been trying to find out if the code allows only a 6' fence in the rear yard as she would like to replace her fence with an 8T or 10' cyclone fence, but she could not get-an answer from the Building Department regarding this. Mrs. Riscoe informed her that she believes a fence higher than 6~ will require a variance. Mrs. Zibelli asked if this entailed a tremendous amount and Mr. Cheney informed her that a hearing before the Board of Adjustment is required with proper notice sent out which results in at least a three week process. He thinks the Vice Mayor is correct regard- ing the height, but he will check this and give her an answer tomorrow. Bt DS Water Meters Mr. Cheney advised that two bids were received, one from Neptune Water Meter Company and one from Badger Meter Company. The recom~ mendation is to aceept the low bid f~om Neptune Water Meter Com- pany in accordanee with the tabulation sheet. Mr. Trauger moved to accept the bid from Neptune Water Meter Com- pany as stated in the opening of August 28~ 1979, seconded by Mr. Strnad. No diseussion. Motion carried 4-0. Water Line on N. E. 12th Avenue Mr. Cheney distributed copies of the tabulation sheet and advised these bids were received today. Some weeks age, a bid was awarded for a water line on N. E. llth Avenue to the successful bidder, E. N. Murray Company. Today the bids were opened for N. E. 12th Avenue and the low bidder again is E. N. Murray Company. They ha~e requested and we eoncur if the Council approves this bid, they can order the pipe and when finished N. E. llth Avenue, they can move right to N. E. 12th Avenue. Both projects are funded from Community -S- MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 1979 BOYNTON BEACH, FLORIDA Development and are part of the community development program. He then read the three bids received for N. E. 12th Avenue. He re- quests approval o£ the low bid. Mr. Trauger moved to accept the bid for the 4" water line on N.E. 12th Avenue from E. N. Murray Company in the amount of $33,706.65. to be paid by Community Development f~nds. Mr. Roberts seconded the motion. No discussion. Motion carried 4-0. PUBLIC HEARING - 8:00 P. M. NCNB SITE DEVELOPMENT PLANS NONE LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 79-25 - Re: Amending Section 27-14 of Chapter 27 of Codified Ordinances for Increase in Taxicab Rates Mr. Vance read proposed Ordinance No. 79-25 by title on second reading. Vice Mayor Riscoe asked if anyone inthe audience wished to speak against this ordinance and received no response. She asked if anyone in the audience wished to speak for thisordinance and received no response. Mr. Roberts moved the adoption of Ordinance No. ~9-25 on second and final reading, seconded by Mr. Trauger. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Strnad - Aye Vice Mayor Ri scoe - Aye Councilman Trauger - Aye Councilman Roberts - Aye Motion car~ied 4-0. Proposed Ordinance No. 79-26 - Re: Adopting Budget for Fiscal Year Beginning October 1, 1979 and Ending September 30, 1980 Mr. Vance read proposed Ordinance Mo. 79-26 by title on second reading. ~ce Mayor Riscoe asked if anyone in the audience wished to speak against this ordinance and received no response. She asked if anyone wished to speak in favor of this ordinance and received no response. -6- MINUTES - RECHLAR CITY COUNCIL MEETING B~fNTON BEACH~ PLOR!DA SEPTEMBER 4, 1979 Mr. Trauger moved the proposed Ordinance No. 79-26 be adopted on second reading~ seconded by Mr. Roberts. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Roberts Aye Councilman Trauger Aye Councilman Strnad Aye Vice Mayor Riscoe Aye Motion carried 4-0. Proposed Ordinanoe No. 79-27 - Re: Fixing Tax Millage Rate for Fiscal Year Beginning October 1~ 1979 and Ending September 30, 1980 Mr. Vance read proposed Ordinanoe No. 79-27 by 'title on second reading. Vice Mayor tliscoe asked if anyone in the audience wished to speak against this ordinance and received no response. She asked if anyone wished to speak for this ordinance and received no response. A woman inthe audience questioned the proposed millage and Mr. Cheney informed her it is 5.951 and. D24 for the interest~and sink- -lng fund. The woman questioned the rate last year and Mr. Cheney replied this is less than it was last year. Mr. Roberts added this particular millage is lower than the amount suggested by the appraiser's office. Mrs. kiscoe added the Council asked the City Manager to go back to the department heads and he did and they tightened their belts and a revised budget 'was presented. She thinks an outstanding job was done and we, the oitizens, will be the recipients of a better situation. Mr. Roberts moved adoption of Ordinance No. 79-277 Trauger. No discussion. Mrs. Boroni took a roll motion as follows: seconded by Mr. call vote on the Councilman Strnad - Aye Councilman Roberts - Aye Councilman Trauger - Aye Vice Mayor Riscoe Aye Motion carried 4-0. Ordinances - 1st Reading Proposed Ordinance No. 79-28 - Re: Crea~ing Codes Enforcement Board Mr. Vance read proposed Ordinance No. 79-28 by title on first reading. He stated this is the codes enforcement ordinance which has been discussed previously. There are a couple areas in the ordinance he would like to comment on at suoh time a motion is pending. -7- MINUTES -REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA SEPTEMBER 4~ 1979 Mr. Roberts referred to the proposed effective date being October 1 and Mr. Vance agreed. Mr. Roberts asked if this Board would be staffed by residents of the City of Boynton Beach~and Mr. Vance replied affirmatively, Mr. Roberts moved adoption of Ordinance No. 79-28 on first read- .ing~ seconded byMr. Strnad. Under discussion~ Mr, Vance stated this ordinance is an attempt to p~ovide a more efficient and par- ticularly a mo~e expeditious method of enforcing various codes. This ordinance proposes to cover the building code~ occupational licensing code~ sign oode and related technical codes. He then read the requirements for membership on this Board from Section 4A on Page 2. He emphasized that it is important to have the most talented people we can obtain on this Board because it will be sitting in a quasi-judicial capacity. They will be hearing eases presented and will be rendering opinions. It is important the Council attempt to obtain the best qualified people they can to serve onthis particular board. Mr. Vance advised that an attorney for the board itself will also be needed. The City Attorney cannot present a caseand represent the board at the same time beeause it is a conflict-of interest. Perhaps the gentleman who presently handles the p~osecution of code violations or some other person could be considered. He and the City Manager propose to discuss this in more detail within the next eouple weeks. Hopefully with some training and supervision~ the Building Official can present cases. He proposes to go through one or two eases with him and assist in the presentation. Mr. Cheney referred to receiving complaints from citizens on a regular basis and also the City Council members commenting on why we are not more successful in getting compliance with some significant problems throughout the City and stated now we are restricted through the court system. One of the biggest problems is getting the time before the eourE. We do get a lot of compli- ance by letter writing~ but a lot of violators do not comply. Some citizens take advantage of the system knowing it takes a long time to go to court. Hopefully with this new board with our own citizens and the proper prosecution and a good attorney~ we will be able to get compliance. He thinks the City will be cleaned up in a lot of areas with this board. Mr. Strnad stated he thinks this is a step in improving our City image and he is all in favor of this. However, he was wondering if it would be possible to have an attorney sitting on this board as a non-paid member? Mr. Vance informed him that any attorney who sat on this board would automatically re,rain from rendering a legal opinion to other members. He would sit the~e as a lay person but he would not assume liability of advising the Board ina non-paid status. -8- MINUTES -REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA SEPTEMBER 4, 1979 Mr. Roberts referred to the law being designed specifically to do away with attorneys and legal action, so these situations can be solved within our own confines and Mr. Vance clarified that the !aw is designed to provide enforcement in each municipality in the county if they desire to avail themselves of it rather than force all the municipalities to utilize the overcrowded court system. He thinks this Board should have the advice of counsel as it proceeds with its deliberations. Mr. Strnad added if there is any question about the BoardTs decision, the onlyway it could be determined would be through the court of proper jurisdiction. Mr. Vance stated he would suggest legal counsel to assure the Board proceeds in the proper andlegal way. Mr. Strnad agreed they must be guided in a legal manner when making a decision. Mrs. Riscoe referred to property owners not residing in this area being in violation as far as the care of their properties and stated the laws must be enforced. Mr. Trauger agreed this will put teeth into what the City has been trying to do. He told about people not being concerned because they know enforcement of ordinances through the court system is a problem. Mr. Strnad stated he is in favor of this ordinance, but asks that we table this until the next meeting so we can review it more thoroughly and have the Mayor give his feelings on it. Mr. Roberts replied there will be a second reading. Mr. Vance ad- vised for this to be effective October 1, we would have to pro- teed with first reading tonight. Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Trauger Aye Councilman Roberts Aye Councilman Strnad Aye Vice Mayor Riscoe Aye Motion carried 4-0. Resolutions Proposed Resolution No. 79-HH - Re: Conceptual Design for 55 Acre Recreational Facility Mr. Vance read proposed Resolution No. 79-HH by 'title. He stated essential!ythis resolution indicates an attempt by the City Council to transfer the 55 acre tract back to the county pro- vided anagreement can be reached on five points. He read para- graph five on Page 2 and stated he left the number of years blank as he thought it would be appropriate to get the Council's input regarding that period of time. Mr. Roberts asked if the county had indicated a~y time limit and Mr. Cheney replied the Board of County Commissioners have not indicated a time limit. They have not acted on this project. Funds are available in the bond issue. -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA SEPTEMJ~ER 4, 1979 Mr. Cheney continued that the ~ounty Commission is making a budget where and when to spend the monies. Mr. Dance has suggested a commitment can be made and this project started as soon as the design is finalized. He thinks we would hope they would make a commitment within a three year period because we will be making a commitment on the 30 aere parcel. Mr. Roberts asked if five years would be fair and Mr. Cheney replied that he would like to see them start sooner. The $50,000,000 bond issue can disappear very easily in five years. If we are taking the position we want to get some of that money into the south county area, it is not un- reasonable to have a decision made sooner. He is afmaid with pressures for that 'kind of money being so great that five years is fair but maybe nothin~ will be left. He suggests three years. Mr. Trauger moved the adoption of Resolution No. 79-HH with the insertion in paragraph five of within 3 years. Mr. Roberts seconded the motion. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Strnad Aye Councilman Trauger - Aye Councilman Roberts - Aye Vice Mayor Riscoe Aye Motion carried 4-0. P~oposed Resolution No. 79-II - Re: Creating Position of Maintenance Man Trainee Mr. Vance read proposed Resolution No. 79-!I by title. Mr. Roberts moved adoption of Resolution No. 79-!i, seconded by Mr. Trauger. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Roberts Aye Councilman Trauger Aye Councilman Strnad Aye Vice Mayor Riscoe Aye Motion carried 4-0. OLD BHSINESS Report on Bus Stop Benches Mr. Cheney stated in response to the Council's request in ~previous discussions, he is recommending that we install benches at bus stops that are similar to the new ones that have been recently ~insta!!ed at the Municipal Beach. These benches are made of aluminum and therefore should be more than .adequate to meet the needs of these locations, but more importantly, can ~in the future -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 4, 1979 be easily relocated to other areas if and when the County erects bus shelters. The benches will be installed on small concrete foundations poured into the ground and can be relocated with .the removal of eight bolts. It is estimated these benches will cost between $80 and $100 each and can be installed by Citypersonnel~ It apparently will take at least six weeks for delivery of the benches. He would recommend a transfer from contingency in the current budget be authorized for this project, depending on the number of benches the Council wishes to have installed. Mr. Cheney continued that in conneetion with this and tryid~ to make decisions where the benches should be, he attempted to have the Police Department observe where more people are waiting for buses. The Police Department contacted the Palm Beach County Transportation Authority. On August 30, 19~9, a meeting was held and Palm Beach County Transportation Authorityadvised us a new bus route will go into effect in January, 1980. Some benches would have to be relocated. He distributed a list noting ten locations where benches are needed. In additional conversations with Palm Beach County Transportation Authority, he has been ad- vised they are in the process of continually analyzing routes and making changes, so we are not sure where we put a bench there will always be a bus stop. He explained how the installa- tion was relatively inexpensiv~so the benches could be moved. He thinks it is safe to pick some oft the locations listed and possibly some others and install them realizing some may have to be moved. Mr. Trauger asked if there was enough volume at Bethesda Hospital and the post office for two benches and Mrs. Riscoe replied that two benches at Bethesda Hospital at shift change are necessary. Mr. Roberts referred to two being listed for Sterling Village and Mr. Cheney informed him one would be on the south side and the other on the north side. Mrs. Riscoe stated in looking over this list, she thir-ks it is a step in the right direction. She definitely feels we need this. Perhaps eventually additions will be needed, but she thinks twelve should be sufficient at this time. Mr. Trauger agreed it should be tried. He referred to the price of $80 or $100 and Mr. Cheney replied this was an estimated price. Mr. Trauger clarified that these same benches could he used at other places and Mr. Cheney replied affirmatively. Mr. Trauger moved that the City put in twelve bus stop benches as stated on the memo fTom the City Manager of August ~30, 1979~ with the cost not to exceed S!00 each. Mr. Strnad seconded the motion, Mr. Cheney added he will present a budget transfer from contingency to the current budget at the next meeting and Mr. Trauger included in the motion that a budge~ transfer is to be included in an amount not to exceed $1,200. Mrs. Riscoe clarified that it had been moved and seeonded to purchase twelve benches at a cost not to exceed $1,200 with the funds to come from contingency. No discussion. Motion carried 4-0. -ll- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 47 1979 Boynton Public Beach - Preliminary Report, Improvemenu Considerations Mr. Cheney referred to submitting a report prepared by Charles Preder~ck in response to Councilman Trauger~s request for review of beach facilities and stated he believes this uepor~ covers in summary form all of the areas Councilm~n Trauger questioned. At this point, he is asking for City Council discussion and comments on the directions suggested by parts of the report so we can pro- coed in accordance with City Council policy direction and report back to the Council on: 1. Changes in report's direction suggested by the City Council. 2. Suggested priorities for action. Additional cost estimates as needed. 4. Procedures for implementation. He doubts they want to read all Mr. Frederick~s report this evening and it is available for any citizens who want it. He will review a few significant things. There are suggestions to upgrade the existing bath house facility so it can be maintained better and will be more lasting. One of the most important areas deals with dune preservation of landscaping and it is suggested we employ landscape consultants to prepare drawings and plans mainly to pre- vent people f~om watkin~ on the plantings in the dune area, build walkways over the dune area and eliminate the slanted concrete walkways. A planting program is proposed for the whole beach area. In the shelter areas~ it is recommended the benches and some of the shelters be replaced. There are recommendations for constructing different life guard stations with giving the guards some protee- tion and having a first aid station. The picnic area is popular and some pimprovements are needed~ We have a proliferation o~ signs and he thinks they should all be consistent and possibly be wood grouted signs. The refuse containers should be changed. There is a current rule about no eating on the beach which may or may not be desirable~ but many people like to go to the beach and eat and if we have enough trash cans it s~ould be possible. In reference to cleanliness of the grounds, three departments have been responsible and with consolidating these responsibili- ties all under the Parks Division, it should be more efficient and easier. We have contacted the County in reference to repair- ing the north jetty. The snack bar is a separate issue to be discussed. It is proposed to reduce the number of outside showers as there is vandalism and a lot of water used. Mr. Trauger stated he went over this report and has been to the beach and looked at all the areas. He commends Mr. Frederick for preparing an outstanding report. He would like to reeommend to the City Council we give priority in consideration of several areas and he would like a plan implemented to get the most divi- dends to give the City Manager some guidance. He suggests the following: -12- MINI/TBS - REG~/LAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP~IDA SEPTEMBER 4, 1979 Program VI! listed for litter control and cleanliness to give us a good appearance coming into the tourist-season, since the items listed were quite good. Along range program for dune presezl~ation and landscap- ing.. He thinks we should get a cost idea quickly as improvement is needed. 3. Improve the picnic area as suggested in item V. 4. Follow the reeommendations for the bath house facility. 5. Implement a sign pmogram to reduce traffic problems. 6. Follow the recommendations for the sun shelter areas. 7. Follow the recommendations for the life guard facilities. This is the sequenee he suggests be followed so we can make the best effort at min/mum cost. Mr. Roberts questioned to what extent they were planning for the life guard facilities? He added we have had problems getting permits from Ocean Ridge. Mr. Cheney informed him the plan was to only slightly redesign the existing facilities, so there should not be any major problem. Mr. Frederick added that we had a plan for a first aid headquaD~ers station and did find o~stacles in our way. The plans now are for a small simple building, 8 x 10' enclosed shelter, to be utilized in inclement weather. The other two stations will just be improved with side paneling. This is quite a reduction from the previous request. Mr. Stro~d asked if any requests had been made to Ocean Ridge to allow this and Mr. Fmederick replied negatively because he wanted the City Council's feelings first. He would like to try as there is a foundation there now and this will not be a totally new structure. Mr. Cheney added that he has not yet met with Ocean Ridge officials and would like to talk to them about this. A !o~,of Ocean Ridge people use the beach. This is actually ~ health improvement to treat the people better and is nothin~ major. He would like to think if we approaeh it in a posit{ve way,and suggest it is a help to both of us and not a major new building, he hopes we can get some res~s. Further comments were given in favor. Mr. Roberts then referred to this being a rather long study with a great deal of material and stated he would like this deferred until the next meeting so he can look into it and get a figure on som~ of these items. He then made a motion to put this on the table until the next-session. Vice Mayor Riscoe ascertained this motion died for lack of a second. -13- MINI/TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA SEPTEMBER 4~ 1979 Mr. Trauger moved to try to place priorities on the items he indi- oated so the City Manager can mome back with a cost effective study on the items in that sequence so the Council can make up their minds of pmiorities based on the cost ~and time involved. Y~r. Stmnad seconded the motion. Under discussion, Mr. Strnad stated he was not trying to take away from Mr. Tmauger~s proposal for sequence, but he does think we need more benmhes. When he goes there in the evenings~ the benches are completely filled. M~. Trauger agreed and moved the sun shelter area ~om No. 6 to No. 2. Mr. Frederick advised the benches are on order right now and more ate included in the budget to be ordered October 1. Viee Mayor Riscoe clarified that it had been moved and seconded to go with the pmiority .list 'Coune/lman Tmauger deemed necessary. Motion carried 4-0. NEW BUSINESS Request of Joseph Cogen~ President, Woolbright P!aza~ for Approval of Final Plat Mr. Cheney informed the Council the developer of Woolbriqht Plaza is requesting that the Mayor and Council give approval o~ the final plat for the Woolbright Plaza development. The application for this approval is complete with the exception of providing a performance bond in the amount of ~178,791.65. The developer has taken steps to obtain the necessary bond and he recommends that the Council approve this final plat~ pending submission of the perd]ormanoe bond in a ~orm approved by the City Attorney. He thinks this ia a reasonable request and sees no problem approving this as long as the City Attorney approves the bond. Mr. Vance stated providing it is in oonformance with our ordinanoe and is submitted within a reasonable time period, he sees no problem with contingent approval. Mrs. Riscoe referred to a time period and Mm. Vance replied the developer indicates the bond will be in by September 6, Mr. Roberts moved approval of the final plat requested by Joseph Cogen, President of Woolbright Plaza, with the proper bond as indicated in our ordinance, seconded by Mr. Trauger. No discus- sion. Motion carried 4-0. Seaway Villas (PTjI1.D.) Final Pla~, Performance Bond Mr. Cheney informed the Council the developer of Seaway Villas bas mequested approval of the final plat for his development. Ail the material neoessary for the approval of this plat has been received including the performance bond. That bond has been forwarded to the City Attorney and if it receives his approval, it is his recommendation that the City Counoil approve this final plat at this meeting, Mr. Vance advised that he has reviewed the performance bond and it is in appropriate form. -14- MINUTES - REGHLAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA SEPTEMBER 4, 1979 Mr. Trauger moved tke approval of the final plat for Seaway Villas PUD with acceptance of the attorney-stating the perform- anee bond is inorder. Mr. Strnad seconded the motion. No dis- -eussion. Motion carried 4-0. ADMINISTRATIVE Request of T. J. Erling, Waters Edqe, for 60 Day Extension on Permit for Temporary Construction/Sales Trailer, 2030 North Fedemal Highway Mr. Cheney recommended this request be approved for the Waters Edge project. Mr. Roberts moved to grant the request of Mr. T. J. Erling, a 60 day extension .for a trailer located at 2030 North Federal Highway, seconded by Mr. Trauger. No discussion. Motion carried 4-0. Request of S. J. Jarvis for Extension of Easement Date to Decem- ber 317 1979 for Installation of Water Mains, P.I.D./Commercial~ between S.W. 15th and S.W. 23rd Avenues, East of E-4 Canal Mr. Vance referred to Mr. Jarvis making the request, but advised that actually we want the easement-and recommend the extension be granted. Mr. Trauger moved to grant the extension for the easement requested by Mr. S. J. Jarvis to December 317 19797 for installa- tion of water mains on .this P.I.D. between S.W. 15th and S.W. 23rd Avenues east of the C-4 Canal. Mr. Roberts seconded the motion. No discussion. Motion carried 4-0. Request of Con~ad W. Schaefer for Reduction of Letter of Credit7 Hunter's Run7 Plat No. i Mr. Cheney informed the Council the City has had a letter of credit in the amount of $8007000 for the Hunter?s Run overall loop road improvement program. The developer7 through his e~i- neer~ has requested that this letter of credit be reduced to $1007000 and has indicated this amount is adequate to cover any unfinished work on this project. The City Engineer recommends that the City Council approve the reduction in this letter of credit and he concurs. He added the south end of Congress Avenue is taking on a major face!ifting with this project and he thinks it is going to be a real plus to the City in many ways. He ex- plained how the landscaping would be a valuable asset for the developer as wel/ as for the City. Mr. Roberts moved to grant the request of Hunter's Run for reduc- tion in their letter of credit to the amount of ~1007000. Mr. Trauger seconded the motion. No discussion. Motion carried 4-0. -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 4, 1979 Resignation of Hazy F. Kindbeiter, Building Board of Adjustment and Appeals Mr. Cheney ~read the letter of resignation received from Mr. Harry Kindbeiter. He suggested the resignationbe accepted and the ques- tion of a replacement be addressed, Mr. Roberts moved to accept the resignation of Mr. Harry F. Kindbeiter from the Building Board of Adjustment g Appeals. Mr. Trauger second the motion ,with giving a letter of appre- ciation to Mr. Kindbeiter for his services. No discussion. Motion carried 4-0. Replacement for Above Mr. Strnad requested if there are nominations or proposals for a ~eplacement~ they be a master licensed plumber, which Mr. Kindbeiter ms, because all the members of the Building Board of Adjustments Appeals aressupposed to be master tradesmen. Vice Mayor Riseoe called for nominations and Mr. Roberts replied that this is a sudden resignation which he was hOE aware of. Mr. Trauger moved to table this appointment until the next-regular meeting~ seconded by Mr. Roberts. Motion carried 4-0. Discuss Appointment to Board of Adjustment Mr. Roberts referred to reading the minutes from the Board of Ad- justment meeting and stated they seem to be upset ~and were empha- tic about having Mr. Bauer removed beoause of his failure to attend meetings. The Board does not have the authority to make appointments, but it is vested in the Couneil. It 'was also sug- gested that an alternate be moved up to a regular member position. Mr. Strnad questioned what this was all about and Mrs. Riscoe asked if he was p~oposing to throw someone off the Board and Mr. Roberts replied this was all brought to our attention in the Board of Adjustment minutes. Mr. Strnad advised that Mr. Bauer is not a resident during the summer, but goes away four to six months. Mr. Roberts stated he should be removed and a replacement ap- pointed. Mrs. Riscoe referred to the City Clerk apprising the Council of these things and Mr. Roberts informed her this was all brought to our attention through the Board of Adjustment minutes and the Board tried to make an appointment. Mr. Vance clarified that the Board cannot appoint a replacement and Mr. Bauer must ~resign or be removed formally by the City Councilt before a replacement is made. lit. Roberts moved to dispense with the services of Mr. Prank Bauer onthe Board of Adjustment because he has failed to attend three consecutive meetings and is a winter resident. Mr. Trauger seconded the motion. No discussion. Motion married 4-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 4, 1979 R~l~c~ment for Above Mr. Robemts moved to move up Mr. Carl Zimmerman from alternate to regular member on the Board of Adjustment, seconded by Mr. Strnad. No discussion. Motion .oarried 4-0. Mr. Roberts suggested bringing in a name the next time to serve as an alternate on this Board and Mrs. Rismoe ag~eedo Mr. Trauger so moved, seconded by Mr. Roberts. No discussion. Motion carried 4-0. Appointment ~o Expired Mr. Cheney stated at the meeting of the Boynton Beach Housing Authority~on August 28~ 1979~ he was a~ked to bring to the atten- tion of the City Counei! the following resolution which was passed by the Housing Authority relative to the appointment of a person .to f-ill the temm of office of Woodro~ Hay whieh ends in July 1979, and which asks and recommends that ~e be re-appointed: "In view of the fact that the term of office of Woodrow Hay, one of its members who was appointed to complete the term of Matthew MacCauley, ends as of July, 1979, we of the Boynton Beach Housing Authority respectfully submit that he be re-appointed to the Authority for a regular term of four years. We feel that he has made a substantial oontribution to the Authority~ is a coopez~ -ative member~ is part of the~hnic group where the need of the services of the Authority ~is greatest, relates well to the commun- ~ity, has a basic understanding of the services of the Boynton Beach Housing Authority. We of the Boynton Beach Housing Author- ity back his re-appointment." Mr. Roberts nominated Mr. Woodrow Hay ,to serve on the Boynton Beach Housing Authority. Mr. Trauger asked if this was the same position with the Board recommending a member for replacement :and Mr. Vance replied negatively ~since this term has expired. Mr. Trauger then seconded the motion. Under discussion~ Mr. Vance clarified this will be a full four year term appointment on the Boynton Beach Housing Authority. Mr. Strnad questioned to what ethnic group Mr. Hay belongs and Mrs. Riseoe replied that Mr. Hay is black. Motion ear,led 4-0. Approval of Bills Mr. Cheney read the following bills: 1. Underground Supply Co., I~e. 6,462.98 Supplies ~or Sewage Collection Dept. Pay from Water $ Sewer Rev. Pund 40!-351-535-40-3P 2. Glasgow Equipment Service, Inc. 3~500.00 Partial payment on 10~000 gallon diesel tank Pay from General Fund 001-394-539-60-9A Bid approved 6/19/79 -17- MINUTES - REGULAR CITY CC~INC!L MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 4, 1979 3. Wilson Insurance Agency 2,424.00 !ncreasemalp~actice & add additional units PayJfrom General Fund 001-221-522-40-45 $1466.00 001-000-155-03-00 $1958.00 4. Bell & Howell 1,375.47 Spacemaster Reader/Printer for Library Pay from General Fund 001-711-571-60-77 Bid approved 3/20/79 5. Willie Ruth MeGrady 96.00 Server for Senior Citizens Club -~2 weeks Pay ~rom Fed. Revenue Shaming 320-641-564-40-5A Ordinance ~73-t5, passed 5/15/73 6. Isiah Andrews 110.00 Driver ~or Senior Citizens Club --2 weeks Pay from Fed. Revenue Sharing 320-641-564-40-5A O~dinanee ~73-15~ passed 5/15/73 7. Intercounty Construction Corp. Est. ~10 253,891.35 Part A Lift Stations Pay from Utility General Fund 401-000-169-11-00 75% EPA re-imbursable Contraot dated 10/26/78 8. Bert B. B~ldt 8,117.06 Sidewalk construetion at Congress Middle School in lieu of easement for foree main. Anticipate re-imbursement for 50% of cost f~om Palm Beach County - Pay ~rom Utility General Fund 401-000-169-11-00. Council approved 7/3/79 9. City of Delray Beaeh 1~215.91 CityTs portion due City of De!ray Beach for mdio S booklets for Dr. Votrath per agreement Pay f-~om General Fund 001-221-522-40-6P 10. Paul N. Howard Co. 4~992.00 Ir~ta!lation o~ 312 linear ft. of 16" cast iron pipe to replace elay pipes. Pay ~rom W & S Rev. Fund 401-351-535-40-3F Mr. Cheney recommended these bills be approved. moved for payment of these bills~ seconded by Mr. diseussion. Motion earried 4-0. Mr. Strnad Roberts. No -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, PLOP~IDA SEPTEMBER 4, 1979 Discussion of Access Road to 55 Acme Parcel Mr. Cheney stated in 1978, the City Council agmeed to share in the cost of an .access road off Congress Avenue in the area of the 55 acmes and the ownem agTeed to dedicate the right-of-way. The design of the mead is about complete and a few weeks ago~ he discussed the eonstruot~ion of the road with the developem. The agreement in 1978 indicated it would be done immediately. He indicated to the ownem if he was not in any h~rry~ it might be well ~o do this as part of the County project when they want access to the pamk and it-would all tie togethem. Howevem, since then the developer has meoeived an option for purchase of the adjacent land and he would like to act upon that. The option in- cludes the requirement this road be eonstmucted. The option runs out on Novembem 1. There is no way to go through the bidding process and construct the road by Novembem !. He would like to recommend and see if the Council would concum to have the deve- loper build the moad~with us agmeeing to the pmice of the ~oad prior knowing it is within a reasonable cost and we will pmovide oum 50% shame rom eonst~uction. The soumce of funds would have to be resolved for this. He does not think we have time to tie into the County development. We have not appropmiated money for oum shame. He hopes to eome back with suggestions for funding. Mm. Stmnad questioned the amount and Mr. Cheney ,replied our share would be 50% of the cost. Mm. Clamk advised the latest~cost was ~53,000 and Mr. Cheney clamified that oum cost would be ~27~000 om $28,000. Mr. Strnad refemmed to it being ~22,000 two years ago and asked if it could be delayed until we have more money and Mm. Cheney replied that he didnTt believe we should because the developer won't be able to take the option _and we may be subject to a damage claim because we did not build the road immediately. Nm. Vance added that he has discussed this bmiefly with the City Manager and we agmeed to construot the road if we got the might-of-way. If the developer loses the sale, we may be subject to be sued. Mr. Roberts stated as he mecalls, last yeam when this was offered to us, we weme supposed to develop the road and we nevem did. It was also brought up in the spming and not done. Ne does not think we should hesitate to act now and wommy latem wheme the money will eome from. Mm. Cheney added that it was bmought to his attention when he fimst armived and he pmoceeded with the designing. Mr. Roberts moved to go ahead with this construction as long as the pmice is measonable, seconded by Mm. Traugem. No discussion. Motion carmied 4-0. Before adjourning~ Mr. Trauger announced that ke wanted to bring one item to the Council's attention. He attended a meeting of -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 4, 1979 the Community Appearance Board and the tree ordinance was brought to h~s attention. The proposed tree ordinance pertains pl~imarily to developers destroying all trees in an area and leaving it barren. This tree ordinance looks good to him after reading it~ but he understands when it was presented to the City Council previously it was met with some opposition. The Community Appearance Board is still vitally concerned and feel it is needed for operation of their Board. Is there any objection to putting this on the agenda for another look? Mr. Roberts referred to having more ordinances than we need now and a whole department would be needed to enforce this one. A previous City~ttorney suggested we m~ght have trouble enforcing this ordinance because it was lengthy. Mr. Trau~er stated in view of the ordinance we passed tonight for a Board to enforce ordinances, he thought it would be ~appI~priate to bring this ordinance forward because it could be enforced. He would like to have the City Attorney.look it over. He would like to add it on the agenda for discussion at the next Council meeting. Mm. Vanee advised this particular ordinance has batted its~way back and forth across the state and other states. It is a dill/- cult enforcement ~situation. The writing of reasonable standards gets to be an interesting operation. In many instances, communi- ties have site plan approval and requirements as a ~easonable appmoach to avoid some p~ob!ems. He ~i!l be happy to look this o~dinance over and Mr. Tra~ger requested him to. ADJOURNMENT Mr. Roberts moved to adjourn, seconded by Mr. T~augem. Motion carried 4-0 and the meeting was properly adjourned at 9:30 P. M. CITY OF BOYNTON BEACH~ FLORIDA BY ~.~.Mayor VSce Mayor ATTEST: ~ Recording S~cretary (Three Tapes) Councilman Councilman -20-