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Minutes 11-05-80MINUTES OF THE REGULAR MEETING-~OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, NOVEMBER 5, 1980 PRESENT Edward F. Harmening, Mayor Waltzer "Marty" Trauger, Vice Mayor Joe deLong, Councilman Marilyn Huckle, Councilmember Tereesa Padgett, City Clerk James W. Vance, City Attorney William Sullivan, Personnel Dir. (Acting City Manager) ABSENT Norman F. Strnad, Councilman Mayor Harmening welcomed everyone and called the meeting to order at 7:30 P. M. He announced the Invocation tonight will be by Rev. Richard Bass, St. Joseph's Episcopal Church, to be followed immediately by the Pledge of Allegiance to the Flag led by Mr. Bill Sullivan. He requested everyone to please rise. AGENDA APPROVAL Mrs. deLong stated he has a question to ask the City Attorney under Legal - Other. Also, when the Mayor gets through with making the announcements listed, he has a brief announcement. Mr. Sullivan stated he has two additions under Administrative, additional bills under Approval of Bills from Arthur J. Gallagher and the South Central Regional Wastewater Treatment & Disposal Board, and item O - Proposed Resolution from South Central Regional Wastewater Treatment & Disposal Board. Mr. Trauger moved to accept the agenda with these additions, seconded by Mr. deLong. No discussion. Motion carried 4-0. ANNOUNCEMENTS Mayor Harmening announced the next two City Council meetings will be held on November 19, 1980 and December 3, 1980, re- spectively, due to City elections. Mayor Harmening read a proclamation proclaiming the week of November 10 thru 15, 1980 as United States Marine Corps Week. Mayor Harmening read a proclamation proclaiming November 11, 1980, as Veterans Day. Mayor Harmening announced City Hall will be closed on Novem- ber 11, 1980 in observance of Veterans Day. MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Mr. deLong announced at this time, he has a statement to 'make for the record. In yesterday's Sun Sentinel, there~was an article by one, Mr. Leon Smiles, and the reporter was Fred Lowery where Mr. Smiles claims that I was a partner of his in a real estate company and he owns land west of town that he was offering for a refuge for the Haitians if the federal government would spend hundreds of thousands of dollars to put it into condition where it could be utilized for lodgings for these people. I have no business connections whatsoever with Mr. Smiles. It was an erroneous report. I called the editor and got a secretary and they were supposed to put a retraction in the paper, but I didn't see it in there today. I am not in the real estate business. I am not a land specu- lator. I am not connected with any businesses whatsoever. My sole income comes from three different sources, a pension from Hudson County, New Jersey, compensation from the Veterans' Administration for service connected injury received in World War II, and Social Security. I want the record to reflect that statement. MINUTES Public Hearing - October 20, 1980 Mr. deLong moved to adopt the minutes as recorded, seconded by Mr. Trauger. No discussion. Motion carried 4-0. Regular City Council Meeting - October 21, 1980 Mr. Trauger moved approval of the minutes of October 21 as prepared. Mayor Harmening referred to there being a typo in the second paragraph on Page 25 and pointed out where it says Section 16, he believes it should be 166. Mr. Trauger included this correction in his motion, seconded by Mrs. Huckle. No discussion. Motion carried 4-0. Special City Council Meeting - October 31, 1980 Mr. deLong moved adoption of the minutes as presented, sec( PUB] ~nded by Mr. Trauger. No discussion. Motion carried 4-0. JIC AUDIENCE May( who age~ lik~ nam~ that item becomes the regular order of business. no response from the audience.) Dr Harmening announced if there is anyone in the audience would like to address the Council on an item not on the Lda, they may doso~this time. He added if anyone would to speak on any item on the agenda to please give their to the City Clerk and they will be called upon when (There was -2- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 BIDS Bulk Quicklime (Water Treatment Plant) Mr. Sullivan requested this item to be tabled since the Tabu- lation Committee is still reviewing the quotations submitted. Mr. deLong moved to table, seconded by Mrs. Huckle. Motion carried 4-0. Deep Venture Diving Service - Sole Source Mr. deLong moved to accept the recommendation from the Direc- tor of Public Utilities, Perry Cessna. Mr. Trauger seconded the motion. Mayor Harmening clarified it was moved and seconded to accept the bid from Deep Venture Diving Service for inspection of the interior of well ~9 in the amount of $1,326. Under discussion, Mrs. Huckle referred to the 78¢ per mile for travel expense seemi~ like a lot, but advised she checked and was told it is a big truck and only gets about three miles per gallon. Mr. Trauger asked how many times we do this and Mr. Cessna replied that we had to do it one other time during the six years he has been here. He explained about the production dropping off quickly in this well ~d in order to see whether we should retain the well, we must look inside the well. It was done previously on the well we had to abandon at the Forest Park School. Motion carried 4-0. New Filter Controls in Old Plant - Sole Source Mr. Sullivan read Mr. Cessna's memo referring to this being approved by the City Council, but permission is requested to order these parts from the Taulman Company which is the sole distribution for BIF. The controls that were installed in 1962 have been obsolete for some time and the difficulty in getting replacement parts has become almost impossible. Fur- ther, delivery on these parts run from 10 to 12 months after placing of the purchase order with Taulman Company. It is requested that the City Council aUthorize us to place this purchase order immediately, so we can get delivery before the new fiscal year is closed. Mr. deLong moved to approve the request of the Director of Utilities, Mr. Perry A. Cessna, for the new filter controls in the old plant with funds from the Capital Outlay Account in the amount of $20,000. Mr. Trauger seconded the motion. No discussion. Motion carried 4-0. In view of it not being 8:00 P. M., Mr. deLong moved to sus- pend the regular order of business, seconded by Mr. Trauger. Motion carried 4-0. -3- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 SITE DEVELOPMENT PLANS Site Plan Approval Applicant: Location: Request: City of Boynton Beach, submitted by Agent, Brady Osborne of Boynton Beach Mausoleum, Inc. 1611 South Seacrest BOulevard - Boynton Beach Memorial Park and Boynton Beach Memorial Park Addition No. 1 Construction of a Mausoleum at City Cemetery Mr. Annunziato informed the City Council this application is for the first phase of the mausoleum. It was previously re- viewed by the City Council and referred to the Planning & Zoning Board for review and recommendation. There was a meet- ing on-site with members of the Cemetery Board, Planning & Zoning Board and City Council. This application was heard by the Planning & Zoning Board and a recommendation was made to approve subject to staff comments. Included at the meeting was testimony from the Chairman of the Cemetery Board indi- cating this application is consistent with the ideas they had when this was being formulated. Also, Mr. Combs gave testi- mony regarding the parking requirement. Mr. Annunziato referred to the staff comments and read the following requirements listed by the Building Official: Health Department approval. Health and Rehabilitative services for air pollution. Show finish floor elevations six inches above crown of Woolbright Road. Code calls for rest room facilities and potable water for drinking fountain. Note: No off-street parking shown. Mr. Annunziato stated the requirements for rest rooms brought new dimensions to the site plan as none were contemplated. The applicant has indicated rest rooms will be provided to the south of this structure and will be incorporated into Phase II of the mausoleum. In this phase, they would be free standing. Concerning parking, there was testimony from Mr. Combs indicating there is no requirement for parking for this use as it woUld be similar to a burial service. The second issue was not to close off the center east/west road in the cemetery by the overhang of the portecochere and this has been addressed by moving the columns. The Planning Department noted for the Planning & Zoning Board to determine parking and they recommend no parking be required as this is similar to a burial service and there is parking to the rear of the building. The Utility Department noted subject to water and sewer requirements by the Building Official. -4- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Mr. Annunziato continued that the Planning & Zoning Board unanimously approved this site plan and it also received a positive recommendation from the Community Appearance Board. Mr. deLong moved to approve the unanimous recommendation of the Planning & Zoning Board subject to staff comments. Mrs. Huckle seconded the motion. Under discussion, Mr. Vance asked if the applicant agrees to the recommendations and Mr. Annunziato replied affirmatively. Mrs. Huckle requested clarification of Mr. Howell's comment regarding Health and Rehabilitative services for air pollution and Mr. Annunziato replied that he could not comment on this, but it must have something to do with codes on ~he books. Motion carried 4-0. Final Plat Approval Applicant: Location: Request: Milnor Corporation, submitted by A. M. Abdallah, P. E., Design Engineer Tracts 2 and 3, Golfview Harbour, Addition No. 3 (Golfview Harbour Estates) Approval of Final Plat Mr. Clark informed the City Council this final plat is for Tracts 2 and 3 of the third addition of Golfview Harbour. All the. requirements have been complied with. The Technical Review Board recommends approval subject to the following: 1. A performance bond in the amount of $190,833. 2. A bond for the recreation fee in the amount of 110% of fee (110% x $38,400) = $42,240. Said fee to be- come due with the first transfer of property. 3. An inspection fee of 1% of the cost for improvements not including the improvements in the County right- of-way for Congress Avenue, 1% x (190,833 - 40,000) = 1,508.33. 4. The developer agreeing not to install or allow underground containers for garbage. Mr. Clark clarified that none of these commitments have been submitted, so approvals would have to be subject to this. Mr. deLong moved that the final plat for Tracts 2 and 3 be approved subject to compliance with the conditions outlined in the City Engineer's memo of October 29, 1980. Mrs. Huckle seconded the motion. Mr. Vance requested it include subject to these recommendations including submission of the performance bond and recreation bond to the City's satisfac- tion. No discussion. Motion carried 4-0. -5- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Mr. deLong moved to revert to the regular order of business, seconded by Mrs. Huckle. Motion carried 4-0. PUBLIC HEARING - 8:00 P. M. Applicant: Location: Request: Bill's Automotive Repair, INC., submitted by Agent, W. Hegstrom 425 N. E. 4th Street - Lots 1 & 2, Block 6, Roberts Addition Conditional Use - Automobile & Truck Sales & Rental Agency Mr. Annunziato informed the City Council this application is for conditional use to permit sales of new or used vehicles at 425 N. E. 4th Street. This is currently occupied by Bill's Automotive Repair, Inc. and T & T Engineering located north of the dog pound. This was a subject of discussion during the land use hearings and is zoned C-4, which provides for conditional uses of this type. If this is to be approved by the City Council, findings should be made consistent with the code. This application does not have a site plan which was reviewed by the Technical Review Board owing to the' fact that the applicant proposes no change to the structure. It is just a change in the use with adding sales to automobile repairs. The application was heard by the Planning & Zoning Board at a public hearing and the Board recommended approval. TheY also made findings of compatibility with surrounding land uses. Mayor Harmening asked if anyone in the audience wanted to speak in favor of this proposed conditional use. Mr. Bill Hegstrom, Secretary of the Corporation, recommended this be approved. Mr. Ed Hauppman, 1756 Palm Land Drive, Chanteclair Villas, referred to speaking to one of the Councilmen and the City Manager about a dump across the road from the back of his house and Mayor Harmening informed him this particular por- tion of this public hearing is on the conditional use for a piece of property at 425 N. E. 4th Street. He should have spoken when Public Audience was announced, but after this public hearing, he will be allowed to speak. Mayor Harmening asked if anyone in the audience wanted to speak in opposition to this proposed conditional use at 425 N. E. 4th Street and received no response. He then de- clared the public hearing closed. -6- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Mr. deLong moved to approve the unanimous recommendation of the Planning & Zoning Board for the conditional use of this particular property. Mayor Harmening suggested there be a finding that this use is compatible with the surrounding land uses. Mr. deLong replied that as far as he is concerned, he attended the Planning & Zoning Board meeting and is satisfied the Planning & Zoning Board by their unanimous decision was in favor with this meeting the compatibility of the area. Mr. Vance informed him these findings~have to be made in order to comply with the ordinance. Mr. deLong included these find- ings in his motion and Mr. Trauger seconded. Under discussion, Mrs. Huckle referred to visiting the site of this proposed automobile trucks sales and lease agency and stated she also attended- the Planning & Zoning Board meeting and listened to the remarkS and read the conditional use requirements. She has questions because of the size of this site. She would like this to be referred back to the Technical Review Board because she feels with the change in use, the Fire Department should look at it. Also, the road is narrow. She believes it needs to be looked at from the angle of the Utilities Department. In spite of Mr. Annunziato saying it did not have to go to the Technical Review Board because there was no change in the building, she thinks there is a change with the use. She thinks the City should look at the various technical aspects because the site is very small. She has questions about the parking of new vehicles and trucks and where customers would park. It is behind Federal Highway. She believes it would be in the best interest of the City to table this and have the Technical Review Board review this. Mr. deLong stated all these things were taken into consider- ation at the meeting and he felt they were answered suitably; however if the seconder will withdraw his second, then he will withdraw his motion and will request the City Manager to come back with a detailed report of the findings. Mr. Trauger withdrew his second and Mr. deLong withdrew his motion. Mrs. Huckle added that she doesn't feel the Tech- nical Review Board's review should be omitted from this and doesn't feel there was enough input at the Planning & Zoning Board meeting. Mr. deLong moved to instruct the City Manager to come back with a detailed report. Mr. Vance suggested including re- view by the Technical Review Board to reach the conclusions and Mr. deLong agreed. Mrs. Huckle seconded the motion. Mayor Harmening clarified it was moved and seconded to refer this back to the Technical Review Board for their input as ~this change of use regarding fire, water, etc. Mr. deLong added that a report was also requested from the City Manager. Mr. Trauger asked if there should be another public hearing and Mr. Vance replied negatively as the public hearing has -7- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 been concluded and the Council is just requesting additional information for their determination whether to grant this conditional use. Motion carried 4-0. LEGAL Ordinances - 2nd Reading - Public Hearing NONE Ordinances - 1st Reading Proposed Ordinance No. 80-47 - Re: Beach Parking Fees Mr. Vance read proposed Ordinance No. 80-47 by title on first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 19-38.1 OF THE CODIFIED ORDINANCES OF'THE CITY OF BOYNTON BEACH, FLORIDA, THE PARKING RULES AND REGULATIONS ON THE CITY'S MUNICIPAL BEACH PROPERTY WITHIN THE TOWN OF OCEAN RIDGE, FLORIDA, BY ALLOWING RETIRED EMPLOYEES TO RECEIVE ONE PARKING PERMIT, AND BY RAISING ANNUAL PARKING PERMIT FEES OF RESIDENTS FROM $1.00 TO $3.00; TEMPORA-RY PARKING PERMIT FEES FROM $2.00 TO $3.00; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mr. Vance added that he will be making a report to the City Council regarding some questions in relation to parking fees at beach facilities; however, in the meantime, they can pro- ceed with action on this ordinance. Mr. deLong moved to lay this question on the table. He stated even though it is only supposed to be a $2.00 in- crease, he thinks the people in this City are tired of increases. A lot of people are on fixed incomes. He did not expect this ordinance to be brought to us in this form. We did discuss this and agreed not to make this a revenue producing operation. He is concerned how these ordinances are submitted. He does not see where the City Council directed the City Attorney to prepare this ordinance. He didn't know about this. An ordinance should not be drafted unless the City Council directs the City Attorney or City Manager to do so. Mayor Harmening informed him that we did approve this and directed the City Manager to do this. Mr. deLong stated it'was discussed and he objected to the $3.00 charge for the local residents. He agreed to $5,00 for out- of-towners, so we could have some spaces for our own people. This was supposed to be~turned ~ver to the City Attorney for study. -8- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Mr. deLong moved to lay this on the table, seconded by Mr. Trauger. Motion carried 3-1 with Mrs. Huckle dissenting. Proposed Ordinance No. 80-48 - Re: Rezoning. from R-1AA to PUD Mr. Vance stated prior to reading this ordinance by title, he calls the Council's attention to line two on the first page where it refers to Ordinance 75-19 and explained that some months ago, we cleaned up our zoning ordinance because we had so many amendments and in drafting this particular ordinance, they used the old ordinance number. The new amend- ing ordinance number is 80-19. He requests this ordinance be approved subject to inserting the correct ordinance number adopting the zoning map. He then read proposed Ordinance No. 80-48 by title: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND LOCATED IN SECTION 33, TOWN- SHIP 45 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DE- SCRIBED HEREAFTER FROM R-1AA TO PUD WITH LAND USE INTENSITY OF 7 (LUI), PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISIONS, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mr. deLong moved adoption of proposed Ordinance No. 80-48 on first reading subject to insertions by the City Attorney. Mrs. Huckle seconded the motion. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilmember Huckle - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman deLong - Aye Motion carried 4-0. Resolutions Proposed Resolution No. 80-00 - Re: Ratifying the Supplemental Agreement No. 1 to Engineering Contract - South Central Regional Wastewater Treatment & Disposal Board Mr. Vance read proposed Resolution No. 80-00 by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE SUPPLEMENTAL AGREEMENT NO. 1 TO THE ENGINEERING CONTRACT BETWEEN THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AND RUSSELL & AXON, ENGINEERS - PLANNERS - ARCHITECTS, INC. -9- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Mr. deLong moved adoption of Resolution No. 80-00, seconded by Mrs. Huckle. Under discussion, Mrs. Huckle referred to it saying on the bottom of Page (1): "Passed and adopted this 5th day of October, 1980" and asked if this was the correct month? Mayor Harmening replied affirmatively as he presumes this was the date of the Regional Board meeting. Mrs. Padgett advised that October 5 was a Sunday and it should be November. Mayor Harmening agreed. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Trauger - Aye Councilman deLong - Aye Councilmember Huckle - Aye Mayor Harmening - Aye Motion carried 4-0. Proposed Resolution No. 80-PP - Re: Accepting Award and Requesting Grant Increase - Congress Avenue Force Main Sanitary Sewer Project - EPA Mr. Vance read proposed Resolution No. 80-PP by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AN AWARD OF SECTION II, PART A, LIFT STATIONS AND PART B, FORCE MAINS OF THE WASTEWATER FACILITIES FOR REGIONAL POLLUTION CONTROL, ENVIRONMENTAL PROTECTION AGENCY PROJECT NO. C-120496020, REQUESTING AN EPA GRANT INCREASE, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS PERTAINING THERETO. Mr. deLong moved adoption of Resolution No. 80-PP, seconded by Mrs. Huckle. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman deLong - Aye Councilmember Huckle - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Motion carried 4-0. Proposed Resolution No. 80-QQ - Re: Recreation & Park Fees and Use Policies Mr. Vance read proposed Resolution No. 80-QQ by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING RECREATION FEES AND USE POLICIES -10- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Mr. deLong moved adoption of proposed Resolution No. 80-QQ, seconded by Mrs. Huckle. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman deLong Councilmember Huckl Mayor Harmening Vice Mayor Trauger Motion carried 4-0. Proposed Resolution No. 80-RR - Mr. Vance read proposed Resolu~ A RESOLUTION OF THE CITY Cf BEACH, FLORIDA, ESTABLISHI5 Mr. deLong moved adoption of pz seconded by Mrs. Huckle. Undez informed the audience that this quent books from 2¢ to 4¢ per d a roll call vote on the motion Councilmember Huckl Mayor Harmening Vice Mayor Trauger Councilman deLong Motion carried 4-0. Other Proposed Ordinance No. 80- Re Mayor Harmening announced these should be left on the table. Question of City Attorney by Co Mr. deLong stated he is a littl of people about the captions wh hearings and he has had a lot o Highway. He met with a group o Gulfstream, Colonial Club and H They were put out about the lan crease in garbage rates. They ~ an increase beCause the ordinan charges. They were disturbed w. find the amount increased. He the captions shOuld be as speci - Aye .e - Aye - Aye - Aye Re: Establishing Library Fees ion No. 80-RR by title: UNCIL OF THE CITY OF BOYNTON G LIBRARY FEES oposed Resolution No. 80-RR, discussion, Mayor Harmening doubles the fine for delin- ay. Mrs. Padgett then took as follows: e - Aye - Aye - Aye - Aye Tree & Landscape Ordinances are still pending and ~ncilman deLong e concerned and so are a lot ich are advertised for public f flack from people on Federal [ residents from Seagate of ~mpshire Gardens last week. ~uage used regarding the in- ,id not understand this was ~e read amending sanitation ~en receiving their bills to ~uggests in the future that ~ic as possible. Another -11- MINUTES - REGULAR CITY COUNCIL B©YNTON BEACH, FLORIDA NOVEMBER 5, 1980 complaint was the time of year when this ordinance was adopted - when most had left to go up north. He is just relaying this information to the Council for consideration. Mayor Harmening replied that he thinks this was passed upon the City Manager's recommendation and the necessity and cost was extensively explained. OLD BUSINESS Reconsideration of Pedestrian Crossing Light - Requested by Vice Mayor Walter Trauger Mr. Trauger referred to ~ubmittinq a report prepared by a traffic engineer and stated he had this placed on the agenda because he made a personal study on a random sampling in December and recently. The extra light which was proposed by D.O.T. is a portion of the total problem of the traffic programming of the light at 15th Avenue and U. S. 1. He explained that the existing light does not always trip and there is a problem with cars turning right on red when people are crossing. Also, the walk is programmed for too short of a time. He also explained how the present signal with a flashing red hand confuses people. He clarified that this light system has been programmed for the density of vehicles with little consideration given to the movement of pedestrians. Mr. Trauger then told about discussing this problem with Mr. Robert A. Spence, a national recognized traffic engi- neer, who lives in the area and is aware of the problems with this light. Mr. Spence has made a study, at no cost to the City, and has coordinated his study with the Police, Engineering and County Traffic Departments. His recommen- dations are included in the report submitted. He finds the problem in the timing of the lights and the sequence of red, etc. Also, in front of the Shell Station, there is no walk and at the other corner, the bank~ trees hit people in the head and the sprinklers hit them. There are many problems. Mr. Spence in his recommendation analyzed this and he has prepared a study. Mr. Trauger moved that the City Manager, with staff, review the recommendation of Mr. Robert Mr. Spence's services are further required, he able when they are ready to comply with this al their satisfaction. If the light comes forwar~ and should be installed, he would like the Cit proceed and recommends a transfer within the b for it. If this cannot be included in the budget, then it should be paid for from revenue sharing funds. Mr. deLong seconded the motion. Mayor Harmening clarified that it has been moved and seconded to turn this study over to the City Manager for his study and recommendation. ~he appropriate Spence. If will be avail- ~d find to at Walgreen's ~ Manager to ~dget to pay -12- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Mrs. McGovern thanked Mr. Trauger for looking into this again. Mayor Harmening added that he received a letter from a woman in Sterling Village and she expressed the thought that with the conditions prevalent at the corner, it is safer to cross where they are crossing as they only have to watch for traffic from one direction and wait on the median. She thinks it is not only safer to cross there under the existing conditions, but easier since it is direct. Mr. Trauger added that in the report, it is noted people had trouble crossing at this loca- tion because of the uneven grass surface. Mr. deLong referred to the people living north of Woolbright Road having it easy with crossing at the light and clarified that we are trying to protect the people who live in develop- ments to the south. He believes it is incumbent upon the City Council to protect the limb, life and property of the citizens. The amount of money which would be spent is insig- nificant remembering that one person has been killed there. Mayor Harmening clarified that this woman agreed it was safer to cross where the majority are crossing regardless whether they live to the north or south of the intersection. Mr. Trauger added that the study covers the views of the people living in the nearby condominiums. Mr. deLong stated there is no question we are behind times and have been lax. As long as D.O.T. has given permission to proceed, let's go ahead with the plans. We must do some- thing. Motion carried 4-0. Status Report on Municipal Golf Course Mr. Sullivan requested this to be tabled and advised the City Manager will have a complete report at the next City Council meeting. Mr. deLong referred to people being pre- sent knowing this was on the'agenda and asked if there was any information at all? Mr. Sullivan stated the contract language looks very good and acceptable to both sides. The biggest stumbling block is the access road. Mr. Cheney is working with LaChalet and he believes that will be resolved by the next meeting. Mr. deLong stated he believes it is the point now when Com- missioner Gregory should come forward and speak to the deve- loper and Mayor Harmening informed him the developer does not have the title to the land yet. Mr. deLong told about the former developer having plans to build a golf course, but went bankrupt and this developer is supposed to supply a golf course and it would be easier to work out the access road with the developer and have those people use this muni- cipal golf course. Mayor Harmening informed him the deve- loper is negotiating with the bank who foreclosed on the land -13- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 and he does not think anything can be worked out yet on the access road. Mr. deLong stated this was not disclosed until tonight. Nobody on the Council or members of the Golf Course Committee were apprised of this situation. Mr. Harold Weiner referred to being a resident for three years. He told about not beinq accepted as a member at the Lake Worth or West Palm Beach golf courses. This City has been talking about a golf course for two years. The land was given to us by the County and if we don't do something within three years, it goes back to the County. We are now going into the second year and nothing has been done. He wants to keep the tax money down, but if they keep waiting, the costs will increase. They want to know what to do to get this started. Something should be done so we don't run out of time. Mr-. deLong informed him there are no tax funds involved in this. Mr. Weiner referred to the cost and Mayor Harmening agreed that it will probably cost more during this infla- tionary period. Mr. deLong told about going to Commissioner Gregory's office with Mr. Bob Kaufman and negotiated for this land and the commitment was made giving us five years to complete it; however, it was later cut to three years. Mr. Weiner stressed that we shouldn't lose it. Mr. Fred DiSalle, 1316 S. W. 18th Street, reminded the Coun- cil that the golf course was submitted as a referendum and there is a mandate from the people to build the golf course. There is a membership of 700 people and they are waiting for this to be started. There is a reverter clause in the deed. One year has gone by and the golf course has not moved off dead center. He would like to know why. Mr. Ed Hauppman, 1756 Palm Land Drive, Chanteclair Villas, stated at the last meeting, he spoke to the City Manager about an unauthorized dump across the road from his condo- minium. Two gentlemen were sen~ out to inspect it and they said they would take care of it. All they did was move it about 40 feet and now there are two rats' nests. What can he do to get this moving again? Mr. deLong re- plied that he remembers his complaint and followed up on this and was told by the City Manager the dump would be removed. The owners were unaware they were commiting a nuisance. Since it is still not removed, he thinks the Acting City Manager should get some action. There is no reason for this type of co~dition to exist. -14- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Mr. Hauppman then asked if the City has any control on road inspections in the condominium areas and Mayor Harmening replied they do not if they are private roads, but do if City roads. Mr. deLong referred to substandard roads being built many years ago, but explained there are standard road requirements which must be met now for private roads. Mr. Clark clarified that actually all private roads are built to the same specifications within the roadway itself as the City roads. The only difference is there are lower specifi- cations for cul-de-sacs less than 600 ft. long. Also, the subdivision ordinance provides for driveways which are iden- tified as those private streets which are only 600 feet long and serve only a few properties to meet lesser requirements. The City does inspect all parking lots, private streets and driveways. Mr. Hauppman stated that he called the Engineering Department and they promised to send someone out. The roads are cock- eyed. The sprinklers flood the road in 20 minutes. The road is built poorly. Mr. deLong stated if these are pri- vate roads, they are not under City control. If there is a performance bond which has not been released, possibly this can be settled. Mr. Clark advised it might be remedied by lowering the swale, but he will check. Mayor Harmening re- quested Mr. Hauppman to meet with Mr. Clark to discuss this further. He requested a memo to be forwarded to the~Council covering what is found. Consider Agreement - Mitchell/Haskel Development, Boynton West Shopping Center Mr. Vance informed the Council this is a proposed agreement to furnish water and sewer to the developer of this shopping center. It has been reviewed and is the standard form. He recommends approval. Mr. Trauger moved approval of this agreement between the City of Boynton Beach and Mitchell/Haskel Development for the fur- nishing of services deSignated. Mr. deLong seconded the mo- tion. Under discussion, Mr. deLong requested the record to reflect that the City Attorney has studied this agreement and recommends approval and execution of same and Mr. Vance agreed. Motion carried 4-0. NEW BUSINESS NONE MINUTES - REGULAR CITY COUNCIL NOVEMBER 5, 1980 BOYNTON BEACH, FLORIDA ADMINISTRATIVE Report on Firing Range Mr. Sullivan requested this to remain on the table. Consider Acceptance of Utilities & Streets - Ridgewood Estates Mr. Sullivan requested this to remain on the table. Redesiqnation of Christmas Holiday Mr. Sullivan referred to Christmas falling on a Thursday and stated the employees also have Christmas Eve off ~which is the day before. A quick tally has been made and it is the general consensus to change the Christmas Eve holiday from the day before, which would be Wednesday, to the day after, which would be Friday, to make a four day weekend. Mr. deLong moved to accept this recommendation, seconded by Mrs. Huckle. Mayor Harmening clarified it was moved and seconded to redesignate the Christmas Eve holiday from the day before Christmas to the day after Christmas. No dis- cussion. Motion carried 4-0. Status Report on Municipal Golf Course (Continued) Mr. DiSalle stated his question was not answered. He asked a .question on the golf course and somebody spoke about gar- bage. Mayor Harmening replied that he is capable of answer- ing his own question or he should see the City Manager or Acting City Manager. Mr. DiSalle demanded an answer. Mayor Harmening stated it is not a subject for discussion at this time. Mr. DiSalle clarified that the golf course subject was not resolved, but ended with a man speaking about garbage. Mayor Harmening informed him it is not subject to resolution at this time. Mr. DiSalle stated he does not understand why this has to proceed in increments of six to eight weeks. The people who voted for the referendum want to know why this has not moved off dead center. Mayor Harmening suggested that he tell the people since he has been as close to the project as anyone in the City. Mr. DiSalle stated the answer must come from the City Council or City Manager and he has not gotten an answer. Mayor Harmening clarified the only pro- blem not resolved is the access road and the reason is the developer who agreed to provide the access road does not own the land, so he cannot give it to anyone. Mr. DiSalle stated this is no reason. -16- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Mr. deLong stated insofar as the architect, no matter what we do, we cannot go into the market unless the access road is resolved. Mr. DiSalle stated this is no reason why the golf course cannot start; it is independent of the access road. Mr. deLong informed him we are still waiting for a report regarding the fees with the architect. Mr. Cheney had to leave town because his mother is very ill. He would have been here to make explanations. Mr. Vance stated the fee charged by the architect will vary conSiderably depending where the access road comes in be- cause the design job will be of greater difficulty. Mr. DiSalle stated that Mr. Cheney went on vacation for three weeks and City business stopped. Now his mother is sick and City business stops. City business does not depend on one man. City business must go on. The fact one man is away should not stop City Hall and wait for him to come back. Mayor Harmening declared him out of order and requested him to be seated. Report on Reinstallation of Beach Buoy Lines Mr. Sullivan referred to having a memo from Mr. Frederick which is self-explanatory, but read it for the benefit of the people in the audience: "Upon review of our beach buoy line contract service, and consideration of citizens' requests relative to rein- stallation, and communication with our lifeguard staff, the following is recommended: 1. Reinstall one buoy line directly in front of the south lifeguard station to provide separation of surfing and swimming areas and for use by patrons who need the line to exit from the water. 2. The lifeguard staff shall install and maintain the buoy line, thus the contract of $1,200 for service shall not be renewed. 3. All material (buoys, rope, etc.) have been ordered and shall'be installed immediately upon delivery. Total material cost: $463. (Anticipated delivery time: 10-14 days) "Installation and maintenance of one buoy and line set in-house will save considerable dollars ($737) and still provide adequate service to beach patrons." -17- MINUTES - REGULAR CITY COUNCIL NOVEMBER 5, 1980 BOYNTON BEACH, FLORIDA Mayor Harmening clarified ~hat authorization was being re- quested to install one line at thel south end. Mr. deLong asked if the others would ])e installed later and Mr. Sullivan replied negativel~. Mr. Trauger referred to there being two lines before and' Mr. deL0ng agreed and stated he believes they both should if one could be installed put in for a cheaper price would be two lines about 5 put just one line back in. people who use the lines al one line. Another line wo deLong clarified that the Frederick replied affirmat Mr. Trauger moved to insta Mr. Frederick with the pro' line will be added at a la the motion. Mr. Frederick from California and-will b discussion. Motion carrie~ Authorize Increase in Tran Russell & Axon Contracts )e put back. Mr. Trauger asked ~or $1,2~0, can a second one be and Mr. Frederick clarified there ft. apart. The request is to The guards have talked to the d they seem satisfied with having lld be $463 additional. Mr. ~eople have agreed and Mr. [vely. L1 one line as recommended by ~iso that if needed, a second 5er datel. Mr. deLong seconded added that the line is in transit instaliled when received. No 4-0. ~portation Reimbursement Rate for ~ .... t n a letter from Russell & r. ~ullivan re~erred to sDDmi~ i ~ Axon dated October 27, 1988, whichl is self-explanatory, in which they are requesting ~o be alilowed to raise the mileage allowance from 18%¢ to 20¢ per mille. Mr. Trauger moved to accept this, seconded by M~s. Hucklle. No discussion. Motion carried 4-0. City Elections Receipt of Nominating Mayor Harmening read the m "In accordance with Se of Ordinances, I submit th ing petitions for election ~etitionls _=mo from the City Clerk: ~tion 8-16 of the Boynton Beach Code following who have filed nominat- to City Council: 1. Lillian R. Artis 2. Nick Cassandra 3. Bill Cwynar 4. Fred DiSalle 5. David S. Floering 6. Robert "Bob" Oleni k, Jr. ,18- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 8. 9. 10. 11. 12. Walter "Marty" Trauger Joseph Tufo Patricia L. Woolley Samuel Lamar Wright Dee L. Zibelli Carl Zimmerman "Ail nominees have sworn under oath that they are duly qualified to hold 'office, and 1. Filed Nominating Petition containing 25 signatures which have been certified by the County Office. 2. Paid $25.00 Filing Fee. 3. Been certified by Jackie Winchester, Supervisor of Elections, Palm Beach County, as a registered voter in the City of Boynton Beach." Mr. deLong moved to approve the list as submitted by the City Clerk for filing of nominating petitions for~ the City Council election. Mrs. Huckle seconded the motion. No discussion. Motion carried 4-0.. Proclamation - Primary Election - November 18, 1980 Mayor Harmening read' a proclamation proclaiming that a Primary Election to vote for three Council Members will be held in the City of Boynton Beach, Palm Beach County, Florida, on the 18th day of November, 1980. The voting hours are between 7:00 A. M. and 7:00 P. M. on said date. He then read the designated polling places listed. Proclamation - General Election - December 2, 1980 Mayor Harmening read a proclamation proclaiming that a Gen- eral Election will be held in the City of Boynton Beach, Palm Beach County, Florida, on the 2nd day of December, 1980 to elect three Council Members. The voting hours are between 7:00 A. M. and 7:00 P. M. on said date. Also, a special referendum election will be held at the same time to vote Yes or No on the following Charter Amendments: 1. Boynton Beach Civil Service Amendment (Ordinance No. 80-40) 2. Boynton BeaCh City Council Election Procedures Amendment - Date of General Election (Ordinance No. 80-41) -19- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Boynton Beach City Council Election Procedures Amendment - Districting (Ordinance No. 80-46) Mayor Harmening read the designated polling places listed. Appointment of Poll Workers Mayor Harmening read Mrs. Padgett's memo submitting a list of residents that have asked since the last election to serve at the polls and advising that approximately 78 people will be needed to man the 13 polling precincts in the usual manner. He noted that about 117 names were submitted. Mr. deLong referred to everyone having an opportunity to look over the list and asked Mr. Vance if it would be in order to just approve the list and Mr. Vance replied the number is in excess of the individuals needed. Mayor Harmening commented that we always like to have an excess because people may not show up. Mr. deLong moved to approve the list of workers submitted by the City Clerk, seconded by Mrs. Huckle. Mrs. Padgett asked if it was the Council's desire to have two in a family or just one from a family as in the past and Mr. deLong re- plied that the Council adopted a policy to only have one from a family and Mayor Harmening added except when under extra ordinary circumstances. Under discussion, Mrs. Huckle asked if Mrs. Padgett would take it from here and Mayor Harmening replied affirmatively. Motion carried 4-0. Consider Change Order ~2 - Regional Lift Station - IntercountY Contract Mr. Sullivan referred to a letter being submitted from Russell & Axon concerning an increase of $24,903.23 and advised this was for work on lift station 356 on N. E. 2nd Avenue. The increase was due to the D.E.R. and U. S. Army Corps of Engineers insistance on a reduction in the size of the site, thus requiring alterations in electrical duct lay- out, rip-rap, sidewalk, fence, and asphalt driveway paving. Permission is needed to go ahead with this. Mr. deLong asked if there is a recommendation from the Utili- ties Director or the City Manager and Mr. Sullivan replied that Mr. Cessna and Mr. Swan have signed off on the change order. Mr. deLo~g stated in this professional field, he would like to have some guidance or recommendation. Mr. Sullivan advised that Mr. Cessna and Mr. Swan recommend approval. -20- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Mr. deLong moved to approve this recommendation, seconded by Mrs. Huckle. Under discussion, Mrs. Huckle questioned what rip-rap is and Mr. Cessna explained that it is where you take rough stones and build up an addition where going into the water or along a highway. Mr. deLong added that it is also used for sea walls. Motion carried 4-0. Consider Change Order ~2 - Regional Force Main - Paul M. Howard Contract Mr. Sullivan informed the CounCil this change order entails a total of $154,892.60. He explained how this was a case of adding, subtracting, indicating credits and increases. It is recommended by the Utilities Director and Consulting Engineer. Mr. deLong moved to approve the recommendation for Change Order ~2 for Paul M. Howard Company. Mrs. Huckle seconded the motion. No discussion. Motion carried 4-0. Renewal of Community School Contract Agreement Mr. deLong asked the City Attorney if he has reviewed this contract and found everything in order and Mr. Vance replied affirmatively and added that it is a standard form utilized for some years. Mr. deLong moved to approve and have the proper authorities execute it based upon information received from the City Attorney that this agreement is in order. Mrs. Huckle seconded the motion. No discussion. Motion carried 4-0. Consider Request for Temporary Special Event Signs: 1. Boynton Leisureville Community Association, Inc. 2. Palm Beach Leisureville Community Association, Inc. Mr. Trauger moved to accept both as presented, seconded by Mr. deLong. Under discussion, Mrs. Huckle commented that the signs are already there and she thinks they jumped the horse a little bit before getting formal approval. Motion carried 4-0. Applications for Permits to Solicit: 1. American Heart Association, Palm Beach County Chapter, Inc. 2. Florida Consumers' Federation, Inc. Mr. deLong moved to accept these two, seconded by Mrs. Huckle. No discussion. Motion carried 4-0. -21- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Zoning Approval for Alcoholic Beverage License - Charles Laurie, Charlie's Inl.et Fresh Seafood, 1864 N. Federal Highway Mr. deLong referred to the report indicating that everything is in order and moved to give our stamp of approval upon this. Mrs. Huckle seconded the motion. No discussion. Motion car- ried 4-0. Approval of Bills Mr. Sullivan read the following bills for approval: 1. Clerk of Circuit Court 56,030.00 Re: Boynton Beach v. Knollwood, etc. Pay frOm Utility Gen. Fund 403-000-169-11-00 2. DeBra Turf & Industrial Equipment Co. 11,158.00 Tractor & Heavy Duty Rotary Cutter Pay from 79-80 budget 320-722-572-60-42 Per ~bid of 9/9/~0 Council approved 9/16/80 3. Edward D. Stone, Jr. & Associates, P.A. 15,000.00 Project: Beach IRenovation Master Plan Pay from 79-80 budget Federal Rev. Sharing 320-721-572-60-31 Contract dated 7/21/80 4. Ernst & Whinney 2,266.12 Interim work performed on audit Pay from 80-81 budget: 001-000-155-03-00 1,201.04 401-000-155-03-00 1,065.08 '5. Florida Innovation Group 1,500.00 Du~ for one year Pay from General Fund 001-121-512-40-7G 6. Florida League of Cities 2,190.51 Annual subscriptions to Fla. Municipal Record Annual dues Pay from General Fund 001-111-511-40-7G Miracle Recreation Equipment Co. 23,496.31 Playground equipment & shelter for parks Pay from 79-80 budget Pioneer Canal Park 320-721-572-60-55 3,949.31 Sara Sims Park 001-000-115-87-00 19,547.00 Sara Sims re-imbursable from Comm. Dev. Block Grant Council approved July 1980 -22- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 Nalco Chemical Company 4 - 55 gallon drums Nalco #8184 Pay from Water & Sewer Revenue 401-332-533-30-65 Council approved 10/8/80 2,156.88 9. Seyfarth, Shaw, Fairweather & Geraldson Legal Services - Firefighters Suit Pay from 79-80 Budget 001-141-514-40-64 418~97 10. South Central Regional Wastewater Treatment Board City portion of additional funds to cover expenses attached to the furtherance of Step II & minor amendments Pay from Utility General Fund 403-000-169-11-00 25,000.00 11. Turfmaster of Florida Construction of softball field - Rolling Green School Pay from Reserve Funds Fed. Rev. Shar 320-000-247-01-00 789.80 Partially re-imbursable Palm Beach County 001-000-115-84-00 4,000.00 Council approved 7/1/80 4,789.80 12. Wallace, Roberts & Todd Re: NSA Study (Boynton Beach Neighborhood Strategy Plan) Pay from General Fund 001-000-115-87-00 Re-imbursable from Comm. Dev. Block Grant 9,675.00 13. 14. O. M. Scott & Sons Fertilization Program Pay from General Fund 001-722-572-30-61 E. N. Murray, Inc. #6 Final Water Main to Congress Pay from Water & Sewer System Construction Fund 408-000-169-02-00 Contract dated t2/18~79 4,149.88 42,547.31 15. Russell & Axon 20,426.50 Professional services rendered on various projects Pay from following accounts: 408-000-169-02-00 2,492.45 403-000-169-11-00 2,702.58 403-000-220-63-00 4,876.93 403-000-220-64-00 10,354.54 -23- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA NOVEMBER 5, 1980 16. 17. 18. Isiah Andrews Driver for Senior Citizens Club - 2 weeks Pay from Fed. Rev. Sharing Fund 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 110.00 Willie Ruth McGrady Server for Senior Citizens Club - 2 weeks Pay from Fed. Rev. Sharing Fund 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 96.00 Hardrives, Inc. 10,086.80 Re: S. W. 35th Street City's agreement to pay ½ of 20,193.60 Pay from Spec. Assessment Fund 701-000-169-21-00 19. Arthur J. Gallagher 19,338.00 False arrest insurance for Police Dept. 20. South Central Regional Wastewater Treatment & Disposal Board Monthly usage 41,850.00 Mr. deLong moved that the bills, having been certified and recommended for payment, be paid. Mrs. Huckle seconded the motion. No discussion. Motion carried 4-0. Proposed Resolution from South Central Regional Wastewater Treatment & Disposal Board Mr. Sullivan advised this is proposed Resolution No. 9-80 from the Regional Board authorizing and directing the Chairman to make application for a Step II Grant for federal assistance. Mr. deLong clarified that adoption will be rati- fication of our action. Mr. deLong moved that proposed Resolution No. 9-80 be adopted, seconded by Mr. Trauger. No discussion. Motion carried 4-0. OTHER Mayor Harmening thanked Mr. Sullivan for filling in for the City Manager and stated the Council appreciated his presence. ADJOURNMENT Mr. deLong moved to adjourn, seconded by Mrs. Huckle. Motion carried 4-0 and the meeting was properly adjourned at 9:25 P.M.. -24- MINUTES - REGULAR CITY COUNCIL B©YNTON BEACH, FLORIDA NOVEMBER 5, 1980 CITY OF BOYNTON BEACH, FLORIDA ATTEST: Councilman ~/-~~C~ity Clerk Recording Secretary (Two Tapes) -25-