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Minutes 07-03-79MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HKLL~ BOYNTON BEACH, FLORIDA, TUESDAY, JULY 3, 1979 AT 7:30 P. Mo PRESENT Edward Ff Harmening, Mayor Betty ~sc0e~ Vice Mayor David Roberts, Councilman Norman F. Strnad, Councilman Walter 'Marty' Trauger, Councilman Peter L. Cheney, City Manager Tereesa Padgett, City Clerk James W. Vance, City Attorney Mayor Harmening welcomed everyone and called the meeting to order at 7:30 P. M. He announced we will have the Invocation tonight by Rev. Ken Perguson, Ascension Lutheran Church, and the Pledge of Allegiance to the Flag led by Councilman Walter Trauger. He quested everyone to please rise. AGENDA APPROVAL Mr. Tmauger requested an addition under New Business, Item ~ - Budget. Mrs. Riscoe referred to Announcements and stated she would like to make an acknowledgment at that time. Mr. Cheney referred to Administrative and requested the addition of Item J-S, Transfer of Funds for Sidewalk Project, and a last item under Administrative - Paramedic Insurance Coverage. Mr. Vance requested the addition under Legal, Item E - Ocean Outfa!l Agree- menr and Item F - Request for Pay Raise for the City Attorney. Mr. Roberts moved the adoption of the agenda as corrected ~gth the additions, seconded by Mrs. Riscoe. Motion carried 5-0. ANNOUNCEMENTS Mayor Harmening presented service awards to the following employees in recognition of their service to the City: Curtis E. Wright, Fire Chief - 25 Years ($50 bond & service pin) Allan Nyquist, Fire Marshal - 20 Years ($25 bond & service pin) William Hamilton, Deputy Police Chief - 20 Years ($25 Bond and service pin) Kenneth ClaMton, Foreman in Sanitation Department - 20 Years ($25 bond and service pin) Edward Hunchar~ Foreman in Water Distribution - 15 Years ~ ~'~ (service pin) Bob Feltz, Supt. of General Services - 10 Years (service pin) Vera Lewis, Switchboard Operator at City Hall - 10 Years (service pin) Lores Gamble, Jr., Police Lieutenant - 10 Years (service pin) Daniel Remchuk, ~o!ice Lieutenant - 10 Years (service pin) Joe L. Owens, Equipment Operator in Sanitation Department - 10 Years (service pin) Edward Allen, Fire Lieutenant - 10 Years (service pin) MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1979 Mrs. Riscoe referred to her recent stay in the hospital and stated she would like to thank the City officials for the most gorgeous Dieffenbachia. Also, all the cards and gifts were greatly appreciated from her constituents, City employees, City Boards, clergy, etc. She is not in the greatest form, but she is back. She referred to this being a large decision to make and stated she would not have gotten through it if it were not for the supportiveness from her family through the six months. Also, the media, for once it was almost unanimous with them thinking of her very highly and she greatly appreciates this. Also, to two of her colleagues, Councilman Strnad and his wife and Councilman Trauger and his wife, she gives special thanks because out of their busy lives, they thought of her. MINUTES Regular City Council Meeting - June 19, 1979 Mrs. Riscoe referred to Page 16 and the discussion regarding the Y.M.C.A. situation and stated she wondered why no vote was taken and Mayor Harmening replied that in reading the minutes, it is apparent all the recommendations from the City staff, the City had no excess or surplus land to give away. Mr. Roberts moved the adoption of the Council minutes of Tuesday, June 19, as recorded, seconded by Mr. Trauger. Motion carried 4-0 with Mrs. Riscoe abstaining. PUBLIC AUDIENCE Mr. Ken Rogers, Director of the Land Development Division of Palm Beach County~ came before the Council with Mr. Charles Walker and stated they were here to present the Fair Share Con- tribution Road Improvements Ordinance whioh was approved by the Board of County Commissioners on June 19. He explained it was part of an on-going presentation which they have been giving to all the munioipalities in the County explaining to all the gov- erning boards the reasons for the needs of the ordinance, the reasons why the ordinance was drafted the way it was, the reasons why it was adopted and hopefully they can explain to the Council members the ~enefits this particular ordinance will have on the City of Boynton Beach. Mayor Harmening informed him that while we have never put it in official form, we have been extracting ~/10 of 1% for sehoo!s and require all new developments to fund widen%n~th~ arterial roads and any adjacent roadways for some time. Mr. Rogers continued that this ordinance was approved by the County Commissioners to be County-wide and will be effective in the unincorporated area as well as in municipalieies. The effec- tive date will be at such time as the Secretary of State returns the approved ordinance to the County~ which they expecttkhis we~k. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~ILY 3, 1979 They have discussed this ordinance with the City staff and expect the City's participation in this program. MR. Roberts referred to impact fees being put into law some years ago and being challenged in the courts which were found to be another form of tax and questioned the County's feeling regarding this? Mr. Rogers referred to this ease being the Broward County Case and agreed this was eventually ruled as a tax and unconstitu- tional, but told about the City of Dunedin being given the author- ity to pass such an ordinance. They have taken these two eases and several others in the State of F!orida~ studied them and learned from them and developed this ordinance based on this being a fee. This ordinance will be litigated, but the County Attorneys feel they have written the o~dinance which will withstand any and all challenges. Mr. Roberts referred to Section X~ Sunset Provision, and questioned why this ordinance will cease to exist four years from its effec- tive date and ~s not permanent? Mr. Rogers replied there was a great deal of discussion on this and it was the feelings of the County Commission that government is constantly perpetuating with getting too big and the position of any new law to go into the book should be on atriai period. If it looks positive, action can be taken to continue the program and if it is not working~ it can die a death through the time frame. Four years was a eom- promise time frame. Mr. Roberts asked if this ordinance had been passed on second reading and Mr. Rogers replied that it has been adopted. Mr. Vance stated since the City of Boynton Beach will be acting pursuant to a law adopted by the County and should we be sued in connection with our action, will the County.spring to our defense and Mr. Rogers replied affirmatively. Mr. Cheney referred to the money collected in this area being spent in this area and questioned how soon it would be spent? Mr. Rogers explained how the County was divided into 40 differ- ent traffic districts with ' money co!looted in a district to be spent in that district. They do have a provision if the moD/es are not spent within a six year period ~f time, they may be re- funded if applied for with a 6% per annum interest. Mayor Harmening referred to the possibility of collecting money in one area where i~ was not needed and asked if it could be shifted to another area where there was a eritieaI need and Mr. Rogers replied th~s could not be done as the shifting of funds would make this fee a tax. Mayor Harmening referred to Sections 25 and 28 both being within the City of Boynton Beach -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP/DA JULY 3, 1979 and asked if the City Council determined that Section 25 was in critical need and there were excess funds in Section 28, there would be no way to request a shift of funds and Mr. Rogers plied this was correct. Mr. Vance agreed that money could not be shifted, but explained that if the County has excess bridge and road money in their fund, this could possibly cover an area in need. Mr. Rogers then showed a graphic explair~23the effeet if~th~se funds had been collected during 1978 and pointed out thata little over $7~000~000 would have been eolleated. He then referred to the number of building permits issued by Boynton Beaeh and pointed out the amount of money which would have been available in the City. He pointed out that Area 28 took in a seetion of Delray Beach and the unincorporated area whieh would also have contributed to the fund. Mr. Rogers added that one of the other benefits, which this body is well aware of~ is the ~ahility in the ordinance to have a developer do his own road improvements in lieu of paying the fee. He told about the County staff working with the City staff during the past year and the improvements to be made along Congress Ave. BI DS One (1) 84" Reel Type Mower (Cemetery) Mr. Cheney referred to three bids being submitted for one 84" reel type ~ower for the eemetery and advised it was recommended to accept the low bid from Maury~s Tool Chest in the amount of $3,200. The other bids were for $3,300 and $4,500. The bid recommended meets specifications and it is recommended that Council approve it. Mr. Roberts referred to ~t being noted this bid is only valid through 3une 30, 1979 and Mr. Cheney replied this has been extended through July 5~ 1979. Mr. Trauger moved to aeeept the bid from Maury's Tool Chest for one 84" reel type mower for the cemetery at the bid of $3,200. Mrs. Riseoe seconded the motion. No discussion. Motion earried 5-0. Bulk Quicklime (Water Plant) Mr. Cheney referred to this being a bid for bulk quicklime and stated the Tabulation Committee recommends acceptance of the second lowest bid £romThe AquaehemCSmp~y. because the low bidder cannot guarantee the quality of their lime which is im- portan~o We know the quality of the lime from the second lowest bidder and we won't be wasting mueh. The difference is $66.15 per torn compared to $64.49 per ton. For the reasons stated, it is recommended the bid be awarded to The Aquaehem Company. ~LINTJTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3~ 1979 Mrs. Riscoe moved to accept the bid from Aquachem Company for the buiRd quicklime for $66.15 per ton, seconded by Mr. Roberts. No discussion. Motion carried 5-0. Irrigation Well at Sara Sims Park Mr. Cheneyreferred to bids being requested for the irrigation well at Sara Sims Park and advised for the second time~ we have not received any b~ds. We contacted a<eomP~y which we antici- pated would be bidding, but were advised they are not going to do any more work until September° We understand the other proDpec- rive bidders cannot handle a job with 4" pipe. Instead of this going out for bid again~ it is recommended that we negotiate with Maxson Brothers Well Drilling to do this well job. Whena reaaonable price is obtained, it will be confirmed with the Coun- cil and a specific contract will be entered showing the beginning and completiondate this fall. Mr. Trauger moved to authorize the City Manager to negotiate a bid for the well in Sara Sims Park~ seconded by Mrs. Riscoe. Under disoussion, Mm. Strnad questioned how we would know if it is a good bid if no other bids are received and Mr. Cheney in- formed him that the price would be compared with other projects which have been done with the same size pipe for other cities. A comparison will be made and obviously on!ya price will be recommended which is judged to be reasonable. Motion carried 5-0. PUBLIC HEARING - 8:00 P. M. NOME }.$~-D~LoPMENT PLANS Mr. TPauger requested an opinion fmom the City Attorney before voting on any issues and referred to information being distri- buted to the media with statements that he was elected as a City Councilman illegally and every vote should be nullified whenactually he was elected byanoverwhelming majority. He requests an opinionfrom the City Attorney whether the election was legal, whether he was elected legally and is he entitled to the same vote as every other Councilman here? Mr. Vance replied that the election was legal and he is eneitled to the same vote as everyother Couneilman. St. Andre~sClub, 4475 North Ocean Boulevard Construction of Parking Lot & Golf Course Maintenance Building Mayor Harmening read the recommendation that the Planning and Zoning Board unanimously .recommended that the site plan sub- mitted by Larry Staht~ agent for'St. Andre~s Club, to construct a golf course maintenance building be approved subject to the -5- MINUTES - RBGIiLAR CITY COUNCIL MEETING BOYNTON BEACH, PLORIDA JULY 3, 1979 comments submitted and it also should be noted this type of struc- ture is a legitimate accessory use to a golf course.under the existing zoning. Mr. Larry Staht cam~ebefore the Counei!. Mr. Tanzy asked if he agreed to comply.with the staff comments and Mr. StahI replied that he is working with the Utilities Departmentand everything will be worked out. Mr. Cheney added that Mm. Stahl agreed at the Planning $ Zoning Board meeting to comply with all the staff recommendations. Mr. Roberts moved to grant the site development plan to eonstruct a golf course maintenance building and parking lot at St. Andrews Club subject to staff recommendations and also approving this as an accessory use. Mrs. Riscoe seconded the motion. No discussion. Motion carried 5-0. Hunterfs Run Golf &Raequet Ctub~ SOuth Congress Avenue Modified Plans for Tract Mr. Ted Bissett, Architect, 425 N. W. 12th Avenue~ Boca Raton, eame before the Council. Mayor Harmening asked if there were any questions from the Council regarding the modified plans for T~act "A~'. Mr. Roberts referred to these changes not affecting the density and Mr. Bissett agreed and advised the density has been reduced. Mayor Harmening noted thatall the changes are listed on a submitted sheet for Tract ~A~ for each particular building. Mrs. P~scoe moved to approve the modified plan for Tract "A" for Hunterfs Run Golf & Racquet Club, seconded by Mr. Trauger. Under discussion, Mr. Roberts questioned if there were any staff recommendations and Mayor Harmening replied negatively. Motion carried 5-0. Hunter's Run Golf & Racquet Club, South Congress Avenue Plans for Tract ~'M" Mr. Roberts asked if Mr. Bissett was familiar with the recommen- dations by the Planning $ Zoning Board and staff and Mr. Bissett replied affirmatively~and stated they will comply. Mr. Trauger moved to accept the Planning $ Zoning Board?s recom- mendation for the site plan of Hunter's Run Golf & Racquet Club Tract ~M" subject to the staff eomments, seconded by Mr. Roberts. No discussion. Motioncarried 5-0. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1979 Hunter's Run Golf & Racquet Club~ South Congress Avenue Construction of Accessory Buildings Mayor Harmening ascertained there were no questions from the members of the Council and Mr. Trauger noted there were no staff comments. Mrs. Riseoe moved to accept Hunter's Run Golf $ Racquet Club plan for construction of accessory buildings, seconded by Mr. Trauger. No discussion. Motion carried 5-0. Hunter's Run Golf & Racquet Club~ South Congress Avenue Modified Median Landscaping Mms. Riscoe asked if this plan had to go back not only to the Planning L Zoning Board, but also the Community Appearance Board since there was a change in landscaping and Mr. Cheney replied af£irmatively,and advised that it was approved by the Community Appearance Board last night. Mr. Roberts moved to accept the modified landscape plans and the plans for the median for Hunter's Run Golf $ ~acquet Club as recommended by the Planning $ Zoning Board. Mr. T~auger seconded the motion. No discussion. Motion carried 5-0. Rollyson Aluminum, Inc.~ High Ridge Road L N. W. 22nd Avenue Construction of 50,000 sq. ft. Warehouse/Manufacturing Facility Mr. ~nce stated there are some problems with this particular item involving possible acquisition of right-of-way from the area of the site plan south to N. W. 22nd Avenue. He thought it was worked out, but a minor snag was discovered in the docu- ments neither attorney was aware of until right before this meeting. He believes Mr. Reed wants to ask to have this matter postponed for two weeks~ in which time he believes this can be worked out. Mr. Reed agreed. Mm. Roberts moved to put this on the tab!e~ seconded by Mr. Trauger. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing NONE Ordinances - !st Reading Proposed Ordinance No. 79-~0 - Re: Amending City of Boynton Beach Retirement Plan Mr. Vance read proposed Ordinance No. 79-20 by title on first reading. -7- MINHTES - REGULAR CITY COILNCIL MEETING BOYNTON BEA~q, FLORIDA JULY 3, 1979 Mrs. Riscoe moved to adopt Ordinance No. 79-20 on £irst reading as read~ seconded by Mr. Roberts. No discussion. Mrs. Padgett took a roll call vote onthe motion~as follows: Councilman Trauger - Aye Councilman Roberts - Aye Councilman Strnad - Aye Vice Mayor Riscoe - Aye Mayor Harmening - Aye Motioncarried 5-0. Proposed Ordinance No. 79-21 - Re: Providing Annual Parking Decals andRestrieted Parking Areas- Municipal Beach M~. Vance read proposed Ordinance No. 79-21 by title on first reading. He pointed out a typographical error on Page 47 second !ine~ and advised the charge shotCtd be $2.00 instead of $1.00. Mr. Trauger moved adoption of proposed Ordinance No. 79-21 with the change noted on Page 4~ seconded by Mr. Roberts. No discus- sion. M~s. Padgett took a roll call vote on the motion as follows: Councilman Strnad - Aye Vice Mayor Riscoe - Aye ~ouncilman Trauger - Aye CouncilmanRoberts - Aye Mayor Harmening - Aye Motioncarried 5-0. Resolutions t~oposed Resolution No. 79-DD- Re: Creating the Positions of Programmer I and Programmer II M~. Vance read proposed Resolution No. 79-DD by title. Mrs. Riscoe moved to accept Resolution No. 79-DD as read, seconded by Mr. Trauger. No discussion. Mrs. Padgett took a ~otl call vote on the motion as follows: Councilman Roberts - Aye Councilman Trauger - Aye Councilman Strnad - Aye Vice Mayor Riscoe - Aye Mayor Harmening - Aye Motion ~arried 5-0. -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1979 Proposed Resolution No. 79-EE - Re: Providing for,the Demolition of Unsafe and [/nsound Structures - Community Development Program Mr. Vance read proposed Resolution No. 79-EE bytitte. Mr. Strnad moved the adoption of ResolutionNo, 79-ER, seconded by Mr. Trauger. No discussion. Mrs. Padqett took a roll call vote on the motion as fol!ows: Vice Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Roberts - Aye Councilman Trauger - Aye Mayor ~armening - Aye Motion carried 5-0. Other Consider Ordinance Relative to Performance Bonds Mr. Vance informed the Council this proposed ordinance formalizes the procedure by which developers will be required to post per- formance bonds in connection with property in the City limits of Boynton Beach. We have had a sort of split situation in the past. Mayor Harmening asked if this was preferred compared to an irre- vocable letter of Credit and Mr. Vance replied affirmatively as with an irrevocable letter of credit~ we must be absolutely per- feet in meeting all the deadlines required. He explained that perfection could not be guaranteed every time~ but in this case~ only a performance bond was required. He recommends this ordi- nance and if the Council desires~ he would be happy to move it up for adoption on first reading at this particular meeting. Also~ in addition to requiring the performance bond, it also sets out the form. Mr. Roberts questioned whether a performance bond would be easier to enforce than a letter of credit and Mr, Vance replied that enforcing was not necessary as the bonding company just had to be contacted to finish the job. Further discussion followed regard- ing the merits of a performance bond compared to a letter of credit. Mr. Vance then read proposed Ordinance No. 79-22 by title on first reading. Mr. Roberts moved the adoption of Ordinanoe No. 79-22 on first reading, seconded by Mr. Trauger. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: CouncilmanTrauger - Aye Councilman Roberts - Aye Councilman Strnad - Aye Vice Mayor Riscoe - Aye Mayor Harmening - Aye Motion carried 5-0. -9- MINUTES - REGULAR CITYCOUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1979 Ocean Outfall Agreement Mr. Vance referred to distributing a copy of the proposed Ocean Outfall Agreement to the Couneil members and stated he believes this agreement which has been distributed is acceptable as far as the City is eoneerned~ but some language is included relating to the outstanding bonded indebtedness. He told about our Bond Counsel reviewing the language and verbally advising that in their opinion this agreement does not violate covenants in our ou~tanding bonds. Mayor Harmening asked if Mm. Federspiel had revie~g this agreement and Mr. Vanee replied that he is not sure, but the cover letter indicates that a copy was sent to Mr. Federspiel. Mr. Roberts referred to the Board usuallyapproving something first with the cities following with their ratification and Mr. Vance agreed this might be better and we can be sure of Mr. Federspiel~s approval. Mr. Vance then read Paragraph 14 on the last page of the pro- posed agreement to be sure the Council was a~are of this. Mayor Harmening suggested this agreement could be tabled until after the Regional Board Meeting to see if De!ray Beach and Mr. Federspiel are in agreement. Mrs. Riscoe moved to table this until the SCRWTD Board meets on July 12~ seconded by Mr. Roberts. Motion carried 5-0. Request for Pay Raise for the City Attorney Mr. Vance referred to distributing a memo to the members of the Council and summarized that it essentially outlines the amount of work whieh has been performed by his firm during the first six months aetin~ as City Attorney for the City of Boynton Beach. This work has averaged about 80 hours per month. He explained how some of the~olume had deereased with Mr. Cheney taking office, but other work has increased with waters sewer and zonin~ matters. The biggest labor factor is many developers comin~ into the City and in many instances, this requires actual meeting time. In addition, he has obtained various cities~ bud- gets and West Palm Beach has budgeted 4176,000, Lake Worth~s current budget is ~66,000 and Delray Beach is proposing $70,000 for their attorneys. He requests the remuneration for his office be increased to $40~000 per year and requests it immediately if possible. Mr. Roberts referred to budget hearings coming up and Mr. Cheney agreed they would be held in August. Mm. Roberts suggested this be discussed at the budget hearing and the request go through the normal ehanne!s. -10- MINUTES- REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JULY S~ 1979 Mrs. Riseoe referred to glancing over the memo submitted and stated she is aware there is a lot of work involved in the pre- paration of resolutions and ordinanees~ but there is a specific item such as the Finance Director question and to this day~ we still do not have a Finance Director. All the preparation has not been worthy~of Mr. Veneers efforts. At this point, she con- eurs with Mr. Roberts that the appropriate time would be at the budget hearing to discuss this. Mr, Strnad stated he didntt like to get hit withsome~hing like this coming to the meeting. This is quite a pay increase and he thinks it should be as Mr. Roberts~Sugg~ted to be taken up at the budget hearing to see if we want ts continue at this rate we agreed upon or ~aise it. He does not think it is proper to in- elude an item such as this at the beginning of the meeting and take action. Mr. Trauger referred to Mr. Veneers statement pertaining to the need being rather urgent and asked if there was any.way to give remuneration until the Council canreview this request at the budget hearing. Mr. Vance replied that he has no problem with a two week delay if that is Councilts desire to think about it and discuss it~ but he requests action be taken no later than.at the next regular meeting. He is putting in more timethan he can put in during the intervening three months until budget time. Mrs. Riseee made a motion to put this on the regular agenda at the regular budget hearing~ seconded byMr. Roberts. Under dis- cussion, Mayor Harmening elarified this would be at the budget hearing in August and questioned the date and Mr. Cheney replied it would be at the beginning of the month. Mr. Roberts referred to possibly giving some relief until the next fiscal year starts~ but not increasing the pay until October 1 when the fiscal year starts if warranted. Mr. Trauger asked if there was a rate per hour until the Council meets to consider this at the budget hear- ing thatwou!d be fair compensation for these extra hours and Mr. Vance replied he would certainly be willing to consider an hourly rate of $50 for of£iee time and $75 for litigation over and above a certain mir~mum or maximum hours for the next three months. Mayor Harmening clarified that the motion is to hold anyincrease in abeyance until the August budget hearings. Mr. Roberts clari- fied that we are talking about an increase in salary and he agrees it should be discussed and go into effect with the beginning of the fiscal year~ but is there~te be consideration for relief.until then? MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH: FLORIDA JULY 3, 1979 Mr. Roberts then made an amendment to the motion that considera- tion be given to the attorney's request to possibly see if we can give temporary relief. Mayor Harmening ascertained there was no second to this amendment. Mayor Harmenin9 called £or a vote on the motion and the motion carried 3-2 with Mr. Trauger and Mayor Harmening dissenting. Mayor Harmening announced that Mr. Vance~s proposition will be eonsidere~ at the budget committee meeting. Mr. Vance announced that he submits his resignation as the City Attorney and will give the Council a reasonable period of time, 30 or 60 days, to locate an appropriate replacement. Mayor Harmening stated he thought it would be in order to accept this resignation if the Council desires effective within a reasonable time and Mr. Roberts replied that he thought it should be in writing. Mr. Trauger referred to needing a City Attorney and proposed that the Council consider for this extra work remuneration to Mr. Vance within the next three months an amount of approximately $67000. Mr. Roberts stated this was his amendment to the motion~ but it was not seconded. Mr. Trauger replied that he did not understand it that way and was busy computing. Mr. Roberts moved to reconsider the action which has just been taken, seconded by Mr. Trauger. Motion carried 3-2 with Mrs. Riseoe and Mr. Strnad dissenting. Mr. Roberts stated that he is not against the original motion and it is still in order eventually. Therefore~ he moves a~ the next meeting to consider financial relief until such time as our fiscal year starts~ seconded by Mr. Trauger. Mr. Vance then withdrew his resignation. Under disoussion, Mrs. Riscoe referred to Mr. Vance signing on for a price and stated the price will be almost doubled in six short months. She finds this hard to take. At the appropriate time, an increase could have come alongbb~t she cannot buy it this soon. Mr. Strnad referred to deals being made with profits not always made and explained that the work involved should be taken into consideration before the price is given. The job should be finished for the price which was given when started and not try to get more money. He doesn't see why the taxpayer has to pay. We interviewed people and went through the entailed work involved, but now he says there is a change and it is not fair to the taxpayers. Mr. Roberts stated the amount of legal work which was done in the first four months was unbearable. The hours put in by the attorney were extreme as everything which happened went to the attorney and he thinks Mr. Vance has a valid point. He is not anxious to hand out additional money; however~ it is an unusual situation. We have received suits of all types including people related to the City Council. He thinks we should consider ~ little relief. As far as increasing -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOILIDA JULY 3, 1979 the salary~ he agrees the salary should not be increased until October 1, our fiscal year, and should be considered at budget time. There also have been unusual circumstances with running into a tremendous amount of building with expansionto the north and west. Mrs. Riscoe stated inreply to Councilman Roberts' remarks~ if we are looking for relief~ since she is a member of the City Council havinga member of her fami!ysuing the City~ she is entitled to relief as well. Mayor Harmening referred to the City not having entered a eon- tract with Mr. Vance and stated he serves at the pleasure oftkhe C~ty Councml and at hms pleasure. The scope of his~rvices are not bY necessity clearly defined. We cannot look into the future one day or one week and determine the amount of work with any degree of precision that the City Attorney will be called upon to perform. Perhaps during the first part of this year, due to unusual circumstances, this City did have more administrative problems that Mr. Vance was called upon to spend scme time straightening out and providing answers to. In addition to that, we do have a considerable amount ofd~vel0pment goirg on and there are quite a number of agreements pending and in the works with numerous developers. All these agreements ta~e the attor- ney's time. Even the regional sewage plant agree~ nt has been going on for seven months. All of these things do take quite a bit of time and he can appreciate Mr. Vance's position. He thinks we may act hastily if we don't attempt to grant some kind of relief, due to the fact he feels certain Mr. Vance has per- formed in terms of time far in excess of what he anticipated. At the next meeting, we can discuss this further and hopefully arrive at an ammicable solution. Mr. Strnad commented that we should pay Mr. Vance what he wants now and continue with the regular pay for the next six months. If there was so much of a load because of irregularities, the next'six months will be easier and an increase won't be warranted for the rest of the year. Mayor Harmening clarified that it has been moved and seconded to discuss at the aext meeting some financial remuneration for the City Attorney prior to the beginning of the fiscal year. A vote was taken and the motion carried 3-2 with Mrs. Riscoe and Mr. Strnad dissenting. OLD BUSINESS Progress on Completing Statutory Requirements - City Comprehensive Plan Mayor Harmening stated the Planning Consultant and City Planner have reviewed the responses from the Treasure Coast Regimnal Planning Council and the Division of State Planning and recom- men~ the submitted responses. He then read the letters received and the responses prepared. -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOP~DA JULY 3~ 1979 Mr. Craig Grabeel~ Assistant City Planner, stated he would like to comment in regards to the responses to the requirements for agency review. He told about a total of three responses being received now, with one arriving this afternoon from the Board of County Commissionems, and all being laudatory. These comments should be put in the form of acknowledgment of receipt and forwarded. Mayor Harmening suggested possibly holding off until all the re- sponses are received and Mr. Grabee! agreed. Mr. Trauger referred to the enez~3y element and Mr. Grabee! ex- plained that this was required f~ommunieipalities with~a pgpu- lation of 50,000 or more. We do not necessarily qualify, but the position is included in light of the future. Mayor Harmening suggested tabling this until receiving the remain- der of the comments and acknowledge reoeiptof same a~d forward to the Department of Administration. Mr. Gmabeel added that the com- ments made by two agencies of theSState which were forwarded indi- cated they did not read it too well because we addressed the items referred to. Mr. Trauger moved to table this until we receive all comments, seconded by Mrs. Ri scoe. Motion carried 5-0. Discuss Draft of Letter - Re: County Library System Mr. Cheneyadvised that he has attempted to suggest to the County Commissioners to possibly reconsider their decision. Ge suggested that maybe they don~t have a complete understanding of the complete County-wide system. He tried to list in the letter seven or eight points which we think have some logic and are factual. He submits hopefully if they look at these seven points the~e might be justification to change their minds. The City Library Board met this afternoon and reviewed this letter and unanimously recommended Council approval for it to be sent to the County Com- missioners. He believes the letter was also summarized in the Sun Sentinel. M~s. Riscoe referred to the letter being well written and moved to instruct Mr. Cheney to go ahead and draft the letter and send to the County Library System, seconded by Mr. Trauger. No discussion. Motion carried 5-0. Mayor Harmening announced for the benefit of the audience, the City is taking the position objecting to the a~tion taken by the Board of County Commissioners. Me explained how it was proposed to have the County funding arrangement stopped whereby County residents would not be able to use the City Library and the City would lose the annual funds. He also explained how a duplicate system in the County would probably cost all the taxpayers more money. Mr. Cheney added that our Library Advisory Committee did -14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOP~IDA JULY 3, 1979 formally recommend if we come to this situation in October, it is recommended we charge the County residents a ~10 fee. He eon- curs that we must take the position we are going to make that charge. Mayor Harmenin? added that it is estimated that we have 5~000 people fmom out of the City using the library and Mm. Cheney con~nented that the County has nothing for the County people to use in this area. Naming of 1-95 Strip Park by Reereation Board Mr. Cheney read the following memo from Mr. Charles Frederick dated ~une 28, 1979: TTThe Recreation and Park Board, at their June 25th meeting, recommended that the recently completed park be officially named 'Barton Memorial Park'. Mary Barton and family are lifelong residents of the eommunity and she was instrumental in promoting the upgrading g~ the cemetery and development of the site. Mrs. Barton has a deeeased son%~whose gravesite is located in the ceme- tery portion of the park Site. Mr. Lee Grimes, Chairman of the Recreation and Park Board, has contaeted Mrs. Barton and she has indicated that she would be most honored to have the park named the 'Barton Memorial Park~. I concur with the recommendation and present this name for Couneil consideration and approval." Mrs. Riscoe moved to name the 1-95 Strip Park the Barton Memorial Park. She added that she was honored to have Mrs. Barton in the audience tonight and believes it is an honor to have her deceased son buried there. She thinks the comments made by the Board are duly just and she is proud Mrs. Barton aecepted it. Mr. Strnad then seconded the motion. No discussion. Motion carried 5-0. Mrs. Barton came forward and stated she really appreeiates this. She told about trying to keep this area eleaned up because her son is buried there and was glad to see it improved like it was. Also, one morning she went there and someone put a slab across the grave and she appreciates this. She has done the best she ean. She hopes her family will do the same by her when she is gone. Discuss 4-County Crime Commission Proposal Mr. Cheney added that he reeeived one call from a supporter of this proposal who wanted him to point out and assure the City that'we ean vote on the concept with no money involved. Mr. Roberts asked if this had been discussed with our own law enforcement group here for their ideas? Some of the larger cities have voted against this. it was brought out it will be another bureaR and will have to be financed somehow. He thinks we should have some idea which way we want to go. Mayor Harmening replied that he thought the cost benefit ratio was not too favor- able. Me cannot see where the benefits eome close to adding the costs of it. -15- MINUTES - REGULAR CITY COUNCIL MBETING BOYNTON BEACH, FLORIDA JULY '3, 1979 Mr. Cheney informed the Council that Mr. K_line did meet withthe police chiefs in the area. In talking to Chief Huddleston, he thinks it is fair to say the poliee ehiefs had some doubt-about this whole proeess. He also had some doubt about the validity when,looking at the moneyinvolved and the number of staff people. He referred to Mm. Kline mentioning a similarprogramin metro- politanareas, which ~is quite different than~in a stretched out area like this. His feeling is this is notthe answer especially with the doI!arsand staffing proposed and the total generalities of objeetives. He explained how healso had doubts about the long term financing with ~he local eities having to payinthe end. He understands the desires of the people promoting this is to solve crime problems, but he doesn't think this is the way. Mr. Strnad moved to file this in central file for ~uture refer- ence, seconded by Mr. Trauger. Under discussion, Mr. Roberts requested that Mr. Kline be informed of the action takenw~ith indicating at this time~ we do not feel we will be taking any action on it. Motion carried 5-0. NEW BUSINESS Request of Vice~ayor Betty Riscoe to Consider Charter Review Board ~or Purpose of Making Recommendations on Charter Changes to be Voted on in November 1979 Election Mrs. Riscoe announced this is a Board she thinks we are in dire need of. We have Boards for every other thing. The most horri- ble thing we have to look at, by our own attorney's viewpoint, is our charter. Perhaps we would not be going to eourr as often if it was updated. At this time, we have provisions for underground subways. She feels such a Board is absolutely necessary. We have had people appear under Public Audience mentioning our election coincidin~ with the State or County elections and also there being reference to primaries. She served on such a board in Dade County for many years and thinks the charter should be studied. She understands there has not been such a board since 1973 and virtu- ally they produced nothing. She is open for suggestions how to go about this and whether a five or seven member board should be appointed. Possibly each Councilman can select a person to serve. She thinks it would be a great asset to this Council and ones in the future. She requested comments on this suggestion. Mr. Roberts stated a Charter Review Board was formed previously and their aetions were not completed because we ran into a new law being passed by the State Legislature giving home rule. Anything in the charter eau be changed by ordinance with the exception of four o~ five items. A ehange one!ections would have to go to referendum, but he agrees it should be considered. Also, he agrees it should be discussed whether the primary should be eliminated. -16- MI~/TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACh, FLORIDA ~dLY 3~ 1979 Mr. Trauger referred to serving on the Charter Revision Committee fo~ about two years and told about progress being made~ but then home rule went into effect° He told about their revision being finalized~ but they were not able to get the Council to agree and an attorney would have been needed fulltime to clarify everything. Possibly the Council would want to consider having the City Attorney review the six or seven items and establish a basis and then take a look at the more pertinent ordinances which are old and send them for codification to bring everything into balance. Mrs. Riscoe replied that Mr. Vance did supply us with the home rule and what it entailed. We probably wontt receive the final codification until the middle oT 1980. Mr. Cheney advised that the material was sent to the typesetter six weeks ago. Mrs. Riscoe suggested tabling this until receiving the pertinent information and discuss further at that time and think in terms of updating our election system. Mayor Harmening referred to discussing remuneration for the City Attorney and stated this would be a time consuming job with going throughcode books and changing outdated ordinances. Mrs. Riscoe stated to justify her statements~ she had this item on the agenda~ but Mr. Vance did not have his request on the agenda. Mayor Harmening clarified that he was merely commenting about increasing the legal burden. Mr. Roberts stated until we get the new code book, we should con- centrate on somett~ng which goes to referendum suchas changing the dates of election, which he is in favor of. He thinks the t~me has come to have the City Manager talk to the other munici- palities and he thinks the replies will be that most hold their elections in the spring. Mayor Harmening suggested tabling this and setting a date for a workshop meeting. Mrs. Riseoe suggested putting this on the next agenda after getting the input from Mr. Cheney regarding ~codifi- cation. Mr. Roberts moved to table~ seconded by Mr. Strnad. Motion carried 5-0. Request of Vice Mayor Betty Riscoe to Consider Studyand Fund Appropriation for Identifying ~nd Locating Benches for Bus Stops at Key Locations Through~ut the City Mrs. Riscoe stated the most distaseeful thing she has encountered within the past few days is to see people sitting on the tomb- stones at Seacrest Bl~d. and Woolbright Road while waiting for the bus. With the gas situation~ it seems more people are using the buses and she told about talking to people having to wait hours for the buses. She thinks there is a necessity to locate some b'enches around the City for this purpose. -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JULY ' 3, 1979 Mm. Roberts referred to this being discussed at the first of the year and stated a study was supposed to be made by the Building Official. Mr. Howell clarified that we received an inquiry ~f~om the County Bus System regarding the plaeing of someshelters. Mr. Roberts referred to the County eontributing to the cost and Mr. Howell stated that he forwarded his repomt to the City Mana- ger's office and the County is supposed to supply bus sheltems for this area. Mr. Trauger asked if he was referring to a com- bined shelter and bench and Mr. Howell replied affirmatively. Mr. Roberts made a motion to revive this with our present City Manager and have him discuss it with the County and our Build- ing Official to see what we can come up %rith. Mrs. Riscoe stated she had discussed this with Mr. Cheney andthe status was uncertain:and that is why[she put it on the agenda to see where we stand. Mr. Tmauger seconded the motion. No discus- sion. Motion carried 5-0. MayorHammeninq requested that Mr. Cheney give a report on the pertinent informationinc!uding cost. Request of Councilman Walter Tmauger to Discuss Bike Paths Mr. Trauger referred to the gasoline shortage finally becoming very meal and stated the most viable alternative fo~ sho~t dis- tances is to ~ide a bicycle. H~ referred to the increase in bicycle and moped sales and stated Palm Beach County has a bike- way ptancovering the 1975-80 period with maps showing completed and planned bikeways and the Boynton Beach Recreation Director has coopemated with these plans. As part of this plan~ Boynton Beach has acquired 8~ miles of bicycle paths. He told about talking to Mr. Frederick and M~. Richard Morley of the P~m Beach Plar~ing & Zoning Depamtment and was told the County allo- cates about $125~000 per year rom bike paths and it costs about $13 per mile to pave a 6~ bikeway. It was suggested we plan in the budget rom this and the County could support us rom about $307000. This can be done by designating by ~means of an o~di- nance certain sidewalks as bike paths and he explained how connecting roads ape needed to make the paths totally accessible. He then gave the example of designating the eas~ side parking lane of U. S. 1 as a bike path which would be a means of connect- ing the plan. Also~ the paths ape encouraged to be used j6gging. He feels now is the time for action if we want to save gas now. He recommends commiting some of our Federal Revenue Sharing ~unds to this pmoject. To get this started~ he recom- mends the CityManager request the Recreation Director and City Engineer to see what sidewalks and streets we need to so desig- nate as bike paths to tie in our system~ what routes will do us the most good, as to where trips start and where they end. We thenwi!l have a plan to take to the County~ where thet~wil! help us get County and State approval~ so we can draft the necessary implementing ordinances to put this into effect. -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1979 Mr. Strnad moved to take Mr. Traugerfs advice on this. He added that he is very much in favor of it. He moves to instruct the City Manager~ City Engineer and Reereation Director to determine the feasibilityand coordinate on this bike pathway system and come back with a recommendation. Mr. Roberts seconded the motion. Under discussion, Mr. Roberts refemmed to there being a plan with the County and Mr. Trauger agreed and stated we have the plan. What we have to do is take the plan and tie into it. We must designate certain streets with bike paths so the County plan can be fully developed. Motion earried 5-0. (At this time~ Mr. Strnad left because of not feeling well.) Budget Mr. Trauger referred to operating with budgets eonsiderably and stated we are ooming into our budget period. He referred to tax aecessor cards being reeeived in the mail by most people and stated most have increased tremendously, but the real estate in South Florida has increased in value. He feels the ad valorum taxes will increase considerably with the millage we are standing at. He is looking for the departments to have the maximum in the budget, but the budget should not be increased and the millage should be reduced because there is much new construction going on the tax rolls this year. He referred to a large amount of the population in Boynton Beach living ona fixed ineome and stated if possible, the millage should be redueed and the City should be operated by deereasing the ad valorum taxes. Mr. Roberts referred to taking the future into eonsideration and told about what happened when the taxes were decreased in 1973-74 and construction dropped off. He is in favor of the millage being redueed if our ad valorum is inereased sufficiently. We still have the obligation to give service and must take into eonsideration any reeessions. Mayor Harmening referred to the County assessing one part of the City one year and the other part the next year and stated possi- bly the majority of the assessments have not gone up. Mm. Cheney stated that he understands what Mr. Trauger is saying and will pay attention to that. Me will attempt to put before the Council what he thinks the eondition of the City is now and in the future~ so we know how we stand. ADMINISTRATIVE Request for TemporaryConstruction Trailers: -19- MINHTES - RBGHLAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JULY 3, 1979 1. Popeyets Famous Fried Chicken Restaurant 2007 South Federal Highway 2, Christian Development, Cedar~d Villas S. W. 19thand Congress Avenues 3. Charter World~ Chanteclair Villas 1700 Palmland Drive Mr. Roberts moved to grant these requests for these temporary constructiontrailers at the above addresses pursuant to Chap- ter $0~ Seotion 30-3 of the Ci~ Code, seconded by Mrs. Riscoe. No discussion. Motion carried 4-0. Report on Public Audience Comments Concerning Two George's RestaUrant Mr. Vance referred to submitting a memo to the Council and advised this is a complicated legal mess with three different sets of people suing each other and we are trying to work it out. Mayor Harmening clarified that at the present time, it ~equires no action and the Building Department is not pressing to tear it down and Mr. Vance replied that the electricity is being cut off to get action. Authorize Contract for Engineering Analysis and Reeommendations for Wilson Pool Mr. Cheney referred to submitting a memo f~om Mr. Frederick and advised that he concurs with it. Iris suggesting it is time after 20 years to do a thorough study of the pool. We have con- tatted a number of engineers and it is recommended an engineer be hired for the amount of $2,500. The things needed have been discussed and are listed on the two pages submitted. It is recommended the Counoil authoriz~ proceeding with this engineer- ing study. Funds are available, having been previously funded for it. The cost to solve the problem is not known, but the costs will continue to inorease if the mechar~eal problems are no~t solved. He would like preliminary answers of what needs to be done and the work oan go out to contract after making a deci- sion. Mayor Harmening clarified that the request was to give direction to hire Wantmanand Associates to evaluate the facility and give a proposal on the pool. Mr. Roberts moved to grant the City Manager's request to go ahead with this study~ seconded by Mrs. Riscoe. No discussion. Motion carried 4-0. Amendment to City of Boynton Beach Firemen's Retirement Fund Plan Mr. Cheney stated if the Council is in agreement with this, an ordinance or resolution will be prepared. This is a suggestion to give credit to some of our existing firemen who have spent a number of years as volunteers. The proposal includes crediting up to five years for volunteer time wi[thsix people ~etting the -20- MINUTES - REGULAR CI!~Z COUNCIL MEETING BOYNTON BEACH~ FLORIDA JULY 3, 1979 five yeam credit~ and five people getting one to five years credit depending on their lengthof serviceas a volunteer. This is a suggestion to give some retirement opportunities to people who for manyyears served as volunteers and contributed muchto the City. These are volunteers who are now full permanent members of the department. It has been recommended by the Firemen~s Retire- ment Board. The cost is approximately $117000 in the coming year. There is an $1!~000 reserve item in one fund reserved for the FireDepartment Retirement Program and if this is approved, some volunteer credits will beaddedo Mr. Trauger moved to accept the City Managerts recommendation for anamendment to the Boynton Beach Pir~ Department Retirement Plan as presented~ seconded by Mrs. Riscoe. No discussion. Motion carried 4-0. Presentation of Conceptual Development Plans for Recreation Areas in the Vicinity of Congress Avenue Mr. Cheney informed the Council there are two areas in the City inthe vicinity of Congress Avenue which are related to future recreational programs and activities for Boynton Beach. One is a 55 aere tract east of Congress Avenue and the other is a 30 acre tract westof Congress Avenue. Preliminary conceptual plans for each piece have been prepared by County recreation planners after consultation~with and at the request of Charles Frederick. The plans have been developed with the thought that the two tracts should be compatible and supportive of each other from a programming and activity.point of view~ and the plans we have do respond to that direction. Because of expenses involved in the development of large recreational areas~ it is his sug- gestion based on~a review of past proposals and after discussion with a number of people~ that: The City take appropriate steps to adopt a plan based on the proposals we have received from the County ~and take steps to develop the 30 acre tract. The City work with the County Commissioners and the County staff to joint!y adopt a plan for a County park on the 55 acre tract. With the development of sucha park, the Citylwould then return the 55 acre tract to the County for that proposal. Obviously much more design and planning work must go into these projeots~ as well as the development of a schedule of implementation. In ~addition~ a f~nding plan for the proposed 30 acres must be deve- loped. If the City Couneil feels this is the way to proceed~ the planning for these activities eon continue. Because of the time period for the 30 acre tract which has already been established~ - 21. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JULY 3, 1979 if the City is to retain ownership, it is desirable that some planning for this 30 acme tract be initiated soon. Obviously if the City desires to have the County consider developing the 55 acre traet as a County traet~ he would then want to make ap- propriate contact to the County Commissioners to work out ~staging with them. Mr. T~auger asked if this had been reviewed by the Parks & Reerea- tion Board and Mr. Cheney replied that it has not been referred to them yet. He reeeived the plans fmom the County~and thought it appropriate to discuss it with the City Counei! first. Mayor Harmening clarified thatwhat was being proposed is the 55 acres will begiven back to the County and the County will deve- lop it immediately. Money,is available and it would save the taxpayers of this City a considerable sum of money in deve!opment, operationand maintenanee costs. Approximately 85% of the recrea- tion will be similar to what we proposed in the past for the development of this 55 acres. He thinks it looks very good at this time and the City w il! get this savings, At the same time~ we should go ahead with the 30aacres. We do have $228~000 ear- marked for development of the recreationfaeilitieso Mr. Trauger moved to aeeept the presentation of the eonceptuat development plans for the reereationareas as outlined in the memo dated July 3 as presented by the City Manager~ seeonded by Mr. Roberts. No diseussion. Motion carmied 4-0. Mayor Harmening suggested that Mr. Cheney ,eontaet Commissioner Gregory on this to get it moving as quickly as possible on the 55 acres. This will save the City some money and we will still have full use oft~he park. Mr. Trauger referred to the media not fully explaining this mat- ter and requested that it be explained in detail. Mrs. Riseoe concurred. Mr. Cheney added this will be a benefit from the Countypark taxes and nothing is eoming directly out of the City budget. Mayor Harmening told about Commissioner Gregorybeing in favor of parks and reoreation and stated this is a good loca- tion for such a facility. Mr. Tmauger suggested possibly prepar- ing a press release to inform the public and Mayor Hammening plied that would probably be more appropriate whenthe County formallyaeeepts it. Mr. Roberts referred to the Comprehensive Land Use Plan,and Mayor Harmening replied this will be in con- formity,with the Land Use Plan. Discuss Petition for Request for Moratorium on Development in Mango Heights and Forest Park Mr. Cheney referred to a petition being sUbmitted on JUne 19 whieh actually was not discussed and advised he would like to respond to it adequately. -22- MINUTES - REGULAR CITY COUNCIL MEETING B$YNTON BEACH~ FLORIDA JULY 3~ 1979 Mayor Harmening replied that he recognizes there are some drainage problems, but he thinks the Council direeted the City Manager to attempt to alleviate these problems. In addition~ it would be discriminatory to impose a moratorium eonsidering the fact there is no tmemendous immediate danger to the public health~ safety or welfare and he does not see how we could deny the owners the right to build in this amea on the basis of a flood. There are other problems in other ameas of the City. If something like this was done, people in othem areas would want a building moratorium. He thinks we addressed the solution with agreeing to put in drainage. Mr. Cheney~agreed but stated he wanted clarification. Mr. Vance clarified that essentially the Council adopted a drainage plan based on the Engineering Department solving the problem~ therefore, any basis for a moratorium was solved by the actionof the Counei!. Mayor Harmening questioned our position if we decided to declare a moratorium and Mr. Vance meplied that he thinks it would be rather skinny and he would have to research it. To impose a building moratorium~ there has to be an immediate threat to public health and welfare. He does not think this would meet the criteria since the Council took action. Amendment to Blue Shield/Blue C~oss Plan for Retirees Mr. Cheney informed the Council that it is suggested the City Council approve allowing the retirees to stay in our Blue Shield/ Blue Cross group plan at their own expense. The retimees would pay the entire premium and eould stay in until eovered by medi- care. Mayor Harmening asked if it should be granted immediately or at the renewal period and Mr. Cheney replied that he recom- mended i~ to start immediately. Mrs. Riscoe moved to grant the amendment to the Blue Cross/Blue Shield Plan for retirees with the retirees paying the entire premium as recommended to be effective immediately. Mr. Trauger seeonded the motion. No discussion. Motion carried 4-0. Request for Zoning Approval for Beer~ Wine $ Liquor Lieense~ Roma Restaurant, 500 S. E. 15th Avenue Mr. Roberts moved to grant this reques% seconded by Mrs. Riscoe. No discussion. Motion carried 4-0. Applieation for Permit to Solicit - National Association of Letter Carriers, Branch 4763 Mr. Roberts referred to the request being to solicit at inter- sections and stated this could cause traffic congestion. Mrs. Riscoe suggested granting it with the stipulation that solicit- ing will not be allowed in the medians and intersections, but only at the shopping centers. Mrs~ Roberts seeonded this as a motion and the motion carried 4-0. -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JULY 3, 1979 Transferor Funds: ~rom Contingency to Sanitation Contractual Services for Well Testing Mr. Cheney requested approval of this transfer of funds to pay for the well testing which needs to be done in :connectionwith the City's landfill. Mr. Roberts moved to grant this transfer as requested from Contingency to Sanitation Contractual Services, seconded by Mr. Trauger. No discussion. Motioncarried 4-0. Appropriation from Fund Balance for CaPital Equipment ExPenditures as Appzoved! by Council April 3, 1979 Mr. Cheney requested approval of this transfer of funds to fund the capitalexpenditures in,accord with the Council's action on April 3. Mr. Roberts moved to grant this transfer for the expen- ditures approved by the Council onApril 3, 1979, seconded by Mrs. Riscoe. No discussion. Motioncarried 4-0. Sidewalk Project Mr. Cheney ~informed the Council this particular transfer of funds has to do with the agreement we have with the School Board rela- tive to sidewalk construction in front of Congress Middle School whichwe received aneasement for the force main. The estimate for the sidewalk is $8,000. Thesewer construction will start in a few days and the sidewalk will startin the middle of July. Mayor Harmening referred to the account number not being familiar and asked if it was the Utilities Fund Account and Mr. Cheney re- plied negatively, but it is a General Fund Account. Mayor Harmening referred to this being a utilities operation and stated it could beauthorized buto, another transfer must be pre- pared. Mr. Cheney agreed and requested it be authorized with the appropriate amendment to charge the appropriate utilities account. Mms. Riscoe moved to authorize this transfer as set £orth with an additional transfer to be prepared to transfer fmom the Utilities to Contingency. Mr. Roberts seconded the motion. No discussion. Motioncarried 4-0. Approval of Bills Mr. Cheney read the following bills for approval: l. Rubin Construction Co. 1,892.47 Asphalt concrete and cold mix for Street Dept. Pay from General Fund 001-4!!-54!-40-3A -24- MINUTES -REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP~IDA ~LY 3, 1979 2. Aqua-ChemCompany, Inc. 4,091.38 Lime for Water Treatment Plant Pay from Water & Sewer Revenue Fund 401-332-533-30-65 G. A. Industries, Inc. 3,084.20 16" cheek valve for backwash.pump Pay from Water $ Sewer Revenue Fund 401-332-533-40-33 4. Board of County Commissioners 10,839.00 Use of CountyLand~ill for the month~of May Pay from General Fund 001-341-534-40-9G 5. ~Dwland Tmuek Equipment, Inc. 37,668.00 20 cu. yd; ream-end!cadet garbage packer Pay~om General Fund 001-341-534-60-86 Council approved 5/1/79 6. Russell & Axon 626-681-42-4 Inv. ~2 2,!15.14 Feasibility.study to provide watem & sewer service to Jamaica Bay Pay~rom H~ility General Fund Jamaica Bay Escrow Account 40!-000-220-58-00 Authorization dated 4/11/79 7. Russell $ Axon 626-681-30-4 Inv. #12 1,545.63 Engineeming services rom Off-Site Utilities Pay from Utility Genemal Fund Mirro~ Lakes Escrow Account 401-000-220-53-00 Authorizationdated 6/6/78 8. Russell & Axon 626-681-35-2/3/5 Inv. ~3 1,024.58 Engineeming semvices in:connection ~with Wells Nos. 17 $ 18 Pay fmom Utility General Fund 401-000-169-01-00 Authomization dated 1/24/79 9. Russell & Axon 626-681-40-1 Inv. ~3 6~250.00 Engineering services in connection with Sewer System Evaluation Sumvey Pay from Utility Genemal Pund 401-000-169-1t-00 Authorization dated 3/30/78 10. Russell & Axon 626-681-04-6 Inv. #7 Pmofessional services in connection withresident p~ojeet se~viees du~ing eonstmuetion of Lift Stations S ~oree Mains - Pamts A S B Pay from Watem S Sewem System Construction Fund 1978 Issue 40t-000-169-12-00 Authomization dated 10/12/77 11~ 589.30 -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 3, 1979 13-. Russell & Axon 626-681-04-3 Inv. ~7 Pmofessional serviees perfommed as general con- sulting engineers duringconstmuction of Lift S~ations and Force Mains - Parts A $ B Pay ffmom Water $ Sewer System Construction Fund 1978 Issue 401-000-t69-12-00 Authorizationdated 10/12/77 589.30 12. Willie Ruth McGrady 192.00 Server for Senior Citizens Club - 4 weeks Pay~f~omFederal Revenue Shaming Fund320-641-564-40-SA Ordinance 73~15~ passed 5/15/73 13. Isiah Andrews ~20.00 Driver £or Senior Citizens Club- 4 weeks Pay from Federal Revenue Shaming Fund 320-641-564-40-5A Ordinance 73-15, passed 5/15/73 14. Bari!e Excavating & Pipeline Est. ~2 54,874.09 Of~-Site Utilities - Mirror Lakes Fay ~om Utility General Fund 401-000-169-01-00 Contract dated 2/26/79 15. Barile Excavating g Pipeline (Final) 12,922.29 Galaxy Park~($14,358.10 less 10% retainer) Pay fmom Public Works Grant Fund 350-000-247-79-00 Approve subject to receiving Release of Lien Contract dated 1/23/78 16. Russell g Axon 626-681-08-6 Inv. ~35 1,447.87 Resident inspection and engineering services during construction.at Water Treatment Plant Pay fmom Utility General Fund 401-000-169-01-00 Authorization dated 5/8/74 Mr. Roberts moved to pay our bills, seconded by Mrs. Riscoe. No discussion. Motion.carried 4-0. Paramedic Insurance Coverage Mm. Cheney~referred to the City Council approving several matters relating to the paramedic program withone being the insurance pro~a~ for AA Ambulance and advised it was his impressionwe could obtain the necessary eoverage for $300 per vehicle. How- ever, this was for $!00~000/$300,000 coverage and since the City desires $1,000,000 coverage, the cost wi!! be $800 per vehicle. He requests the City Council to approve this change in the para- medic program. Mr. Trauger moved to accept the City Manager's proposal ~or the paramedic insurance program~ seconded byMrs. Riscoe. No dis- eussion. Motioncar~ied 4-0. -26- MINUTES - REGULAR CITY C~/NCIL MEETING BOYNTON BEACH~ FLORIDA JULY 3~ 1979 ADJOURNMENT Mr. Trauqem made a motion to adjourn~ seconded by Mrs. Riseoe. Motion earried 4-0 and the meeting was properly adjo~rrned at !0725 P. M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Councilman City Clerk · " ~' Reeording Secretary (Three Tapes) -27-