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Minutes 05-01-79MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL~ BOYNTON BEACH, PLORIDA~ TUESDAY, MAY 1~ 1979 AT 7:30 P. M. PRESENT Edward F. Harmening, Mayor Betty Niscoe, Vice Mayor David Roberts, Councilman Norman F. Strnad, Councilman Annette P. Tinker, Acting 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 the Invocation tonight will be given by Rev. Ben Tidwell, Westside Baptist Chapel~ and immediately following the Invocation, the Pledge of Allegiance to the Flag will be led by Councilman Norman Strnad. He requested everyone ¢o please stand. AGENDA APPROVAL Mrs. Riscoe requested the addition of Item 5 under Announcements as she would like To make an announcement. She referred to Legal - Other, Items I and 2, and stated she has not had s chance to study these and would like these tabled. Mayor Harmening replied this could be done when these items come up for discussion. Mrs. Riscoe moved To adopt the agenda with the corrections made, seconded by Mr. Strnad. Motion carried 4-0. ANNOUNCEMENTS Mayor Harmening announced that due to the Special Primary Election scheduled for May 15, 1979, the next Regular 2ity Council Meeting wilI be held on Wednesday, May 16, 1979. He added that any time any national, state, county or local election is held on the same nigh~ as a City Council meeting~ the Council meeting is postponed until the subsequent night. Mayor Harmening read a Proclamation proclaiming the week of May 13 through May 19, 1979, as Municipal Clerk's Week. Mavor Harmening read a Proclamation proclaiming the week of May 13 through May 19~ 1979, To be National Nursing Home Week. Mayor Harme~ninq- read a Proclamation proclaiming the month of May~ 1979, as Public Radio5s Arts Month. Mrs. Riscoe announced at this particular time, she wanted to bring to everyone, s attention this will be the last official meeting of Acting City Manager AnRette Tinker. She referred to disregarding the usual cermony for someone going out of office and stated she would like to bring a few things To everyone's attention. Within the flrs5 few days of Mrs. Tinker's Eenure, she negotiated with the Police Benevolent Association regarding union grievances and did come to an understanding~ whereas~ prior they were at a stale- mate. She has made many strides in progress in the northwest section. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA 1979 Mrs. Riseoe continued with telling about Mrs. TinkerTs efforts with the Fire Department and having the paramedics certified and stated the only thing to be done now is to appoint a medical director. She told about Mrs. Tinker walking the beach with other staff members to find beach property for our citizens since the County has allocated money for this. Boyn~on Beach is an $11,000~000 business and she thinks the main thing is we did keep the office of the City Manager open and we will not have a house transition when our professional, Mr. Peter Cheney, comes aboard. She would like to recommend to the Council to advise the Pemsonnel Director~ Mr. Bill Sullivan, to put a letter of commendation in Mrs. TinkerTs pemsonnel file. MINUTES Regular City Council Meeting - April 17, 1979 Mrs. Riscoe moved to aecept the Minutes of the Regular City Coun- cil Meeting of April 17, 1979, seconded by Mr. Roberts. Motion carried 4-0. PUBLIC AUDIENCE Mayor Harmening announced if anyone wishes to address the Council on any item not on the agenda~ please come Forward. He added if there is anyone who wishes to speak on any item on the agenda, please give their name Eo the City Clerk and when that item of business comes before the body~ the Chair will recognize them at that time. Mr. Chris Westphal, P. O. Box 118422 Fort Lauderdale~ came before the Council representing the Unification Church. He advised he is appearing before the Council because his item is not on'the agenda because of an error. He sent a letter to the Mayor and City Attor- ney which was received April 25. Unfortunately, Mrs. Tinker did nov receive her letter until Friday morning. He then read the letter requesting a permit to solicit with an application enclosed and also read the reasons included why this permit should be granted. Mayor Hammening replied since this request for s permit Eo solicit is not on the agenda and not legally before the body, probably it is in order to direct the City Manager to consider this for the next agenda. Mr. Westpha! referred To the City Attorney and Mayor receiving a copy of this letter and stated his intentions were to be on this agenda. He also spoke to the City Manager and her secretary. ~e feels there should be some discus- sion and remedy made. It is almost a week since the letter was received by the City officials. Mayor Harmening informed him that the agenda is finalized Wednesday night. If this is not on the agenda, it is not before this body for consideration at this time. There is not much this body can do at this point in time. Mr. Vance added that the City has long standing procedures for pre- sentation of an item To the Council. He explained that backup material must be supplied and a deadline is established. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA MAY 1, 1979 Mr. Westphal stated the letters were received by April 25 and he is not sure whether he can attend the meetin~ on M~y 16 and would appreciate any eomments. Mrs. Riscoe replied she would prefer to wait to comment until this is on the agenda. Mr. Jeff Tomberg, 626 S.E. 4th Street, referred to attending the hearing on Wednesday regarding the Comprehensive Plan and stated he and Mr. Clays were requested to appear at this meeting to in- form the Council whether they had reached any type of agreement. Mayor Harmening referred To this being listed on the agenda as Item D under Old Business and suggested it might be appropriate to reserve his comments until then. Mr. Bob Riley, 342 S.W. 4th Avenue, stated he is trying To figure out why the City Maintenance Department has since 1973 taken no maintenance aetion on the storm drain system in the Mango Meights section of Bovnton Beach. Today, the City found the drain under 3~ of property. He cannot 2onceive that a City of this size re- quired To maintain this drain having taken no action since 1973. Mavor Hsrmening replied he would like To have some update or re- port from the City Manager as to the status of drainage, perhaps this one drain in particular~ in Mango Heights to see what has transpired. Mr. Riley continued that he is not saying this caused all the problems, but it would have eliminated many. He has dis- cussed this with the City Engineer and believes he is doing a study. He will await a reply au the next City Council meeting. Mr. Bob Riley then asked if the City is prepared to make resti- tution to the people in this area not 2overed by HUD flood insur- ance and Mayor Harmening replied negatively. Mr. Riley stated that HUD has been advised and is studying the situation to deter- mine whether there was negligence on the part of the City. Mr. Bob Riley then asked if There are any monies available for resurfacing S. W. 4th Avenue, the 300 and 400 blocks? This was brought To the attention of the former City Manager in June, 1977, and they were advised it was on the list. He then told about a school bus going off the corner and bringing this to the attention of the City Engineer and Superintendent of Streets, but no action being taken except an initial patching. The City has spent more money filling in the pot holes and edging the road and this could have been resurfaced six times for the money spent. Mayor Harmening stated if S.W. 4th Avenue is in as bad shape as this~ the City does have funds to resurface or make repairs or whatever is necessary. If it is in deplorable shape, he would be in favor of it. Mr. Riley told about their efforts To get the street resurfaced but being unsuccessful. Mr. Roberts suggested havin~ the Acting City Manager get a reporE from the engineers and proceed f~omthere and Mayor Harmening agreed and requested Mrs. Tinker To take narc of this. -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA MAY 1, 1979 Mr. Riley then asked if the City of Boynton Beach is being reim- bursed by the County for the Boynton Beach street nleaner being used to sweep County streets and Mayor Ha~mening replied that the City was not to his knowledge. Mr. Riley stated the cleaner goes up and down 2nd Avenue which is a County road and he thinks it should be used for our City streets. Capn. Dick Silensky advised that he also lives in Mango Heights and stated the houses were built in the low spots. Why did the City allow them to build more homes in this area? In ~ay~ the developer drilled a drain from 4th to 6th Avenue and put in a ditch. He thinks it is the CityTs fault. However, the reason he is before the Council is because he has bought ten bicycles for his son in the last six years. He told about the bicycles being stolen and the Police Department not being concerned. He also told about various items being stolen from his property. He suggests that a list be published in the newspaper listing the items stolen and when the kids get caught~ the parents should be held responsible. BIDS One (t) 20 Cubic Yard Rear-end Loader Garbage Packer Mrs. Tinker infommed the Council bids on the above were opened on Tuesday, April 24, 1979~ at 3:00 P. M. in the office of our Pur- chasing Agent, Mr. William H. Sullivan. The Tabulation Committee mecommends acceptance of the bid from Rowland Truck Equipment, Inc. of Miami, Florida, for the sum of $37,668.00. Their only deviation from the bid was no spare tire and their delivery time was very acceptable. H. F. Masonts bids of $31,054.00 was rejeeted because the City asked for 23~000 rear axle and the bid was for 22,000. We asked for Piggy-back disc brakes and the bid was hand brake only. There was no bid on the spare tire and although we had asked for a 12 month warranty, their bid was a split warranty, 6 months parts and labor, and 6 months parts only. A visual in- spection was made of a garbage packer at County Sanitation Company which was similar to the one bid by H. F. Mason Equipment Company and was found not to meet specs. The bid from Southland Equipment Company, base bid of $34,958.00, was reuected because they did not bid a spare tire and had a six month warranty only. Also their delivery of 150 days was too long. The alternate bid from South- land of $35,906.00 was rejected for the same reasons as above, with the exception that it was a 1978 (new) truck. Delivery date on the alternate bid was acceptable. A copy of the Tabulation Sheet, Proposal and Affidavit signed by Earl B. Yeadaker, Jr.~ Vice Pres- ident of Rowland Truck Equipment, Inc. have been submitted. As for the bid recommended having no spare tire. we have learned they do have 20 spame tires in the shop a= this time. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 1, 1979 Mrs. Riscoe moved to aecepv the bid from Rowland Truck Equipment for the rear-end loa~er garbage packer~ seconded by Mr. Strnad. Under discussion, Mr. Strnad questioned how the warranty works? If something goes wrong, do we have to take it to where it was bought from or do they come to our premises? Mr. Sullivan in- formed him that the company has a service representative who will pome to our garage to take care of minor repairs; but if it is something major, ~he truck will have to go back to Miami. Motion carried 4-0. PUBLIC HEARING Abandonment Request Applicant: Location: Request: R.0.C. Development, Inc. (The Fairways) Tract B of Charter World Easement, Utility, Ingress and Egress AbandonmenTs Mr. Burl Gentry came before the Council representing the applicant. Mr. Roberts referred to these abandonments being requested because the original plans were changed and Mr. Gentry agreed. Mayor Harmening asked if anyone in the audience wished to speak in favor of this abandonment and received no response. He asked if anyone in the audience wished to speak in opposition to this aban- dormaent and received no response. Mr. Roberts moved to grant this request for abandonment to R.O.C. Development, Inc. as approved by the Planning g Zoning Board, seconded by Mr. Strnad. No discussion. Mrs. Padgett took a roll cell vote on the motion as follows: Councilman Strnad Aye Vice Mayor Riscoe Aye Councilman Roberts - Aye Mayor Harmening - Aye Motion carried 4-0. SITE DEVELOPMENT PLANS NONE LEGAL Ordinances - 2nd Reading - Public Hearing NONE Ordinances - 1st Reading -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 1~ 1979 Proposed Ordinance No. 79-14 - Re: Declaring the Existence of Diseased Plants in the City to be a Nuisance Mr. Vance read proposed Ordinance No. 79-14 by title on first reading. Mrs. Riscoe asked if this meant diseased palms had to be removed flush to the ground or rooted out and Mr. Vance replied the ordi- nance just states generally To remove the diseased plant. Mrs. P~scoe stated she was asked about this because some people wanted to make a podium type~ decorative thing. Mr. Vance stated he thinks the words removing the diseased plants would be subject to interpretation in this respect. Mr. Strnad stated the intent of this particular ordinance is to remove the crown of the palm in which the disease originates and spreads. He does not think it is necessamy to state specifically. Mr. Vance added that he believes it may be all right to leave a short stump on the ground. Mrs. Riscoe referred to section D and questioned who in the City is capable to determine whether there are organisms on the plants which will be injurious to other plants or other diseases which are communicable and Mayor Harmening replied that we could pro- bably call on the County Extension Agriculture Office. He added that the main thrust was to remove Coconut Palms suffering from lethal yellowing. He explained that actually with removing the crown, it does not inhibit spread. Mr. Roberts moved adoption of Omdinanee No. 79-14 on first reading, seconded by Mrs. Riseoe. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts - Aye Councilman Strnad - Aye V/ce Mayor Riscoe - Aye Mayor Harmening - Aye Motion carried 4-0. Resolutions Proposed Resolution No. 79-V - Re: Demolition of Structure and Clearing of Land in Conjunction with Community Development Project Mr. Vance read proposed Resolution No. 79-V by title. Mrs. Riscoe moved to accept Resolution No. 79-V as read~ seconded by Mr. Roberts. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Roberts - Aye Mayor Harmening - Aye Motion carried 4-0. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA MAY 1, 1979 Proposed Resolution No. 79-W - Re: Designating Authorized Individuals to Prepare, Sign and Countersign Cheeks, Vouchers and Withdrawal Slips Drawn on City Depositories Mr. Vance read proposed Resolution No. 79-W by title. He added this is a housekeeping resolution resulting from the new City Manager coming on board Monday. Mr. Roberts moved the adoption of Mrs. Ri scoe. No discussion. Mrs. on the motion as follows: Resolution No. 79-W, seconded by Padgett took a roll call vote Councilman Roberts - Aye Councilman Strnad - Aye Vice Mayor Riscoe - Aye Mayor Hammening - Aye Motion carried 4-0. Other Consider Proposed Ordinance Providing for the Prevention of Flood Damage and Providing Standards for Flood Hazard Reduction Consider Proposed Resolution Establishing a City of Boynton Beach Reserve for Park & Recreational Facilities Mrs. Riscoe referred to requesting these two items to be tabled and Mr. Vance replied this would be no problem. He clarified these are not on the agenda for action, but for consideration only. If the Council desires ro postpone them until the next meeting, there is no problem. Mrs. Riscoe stated she would like more information and clarification. Mrs. Riscoe moved to table Items D-1 and D-2, seconded by Mr. Roberts. Motion carried 4-0. Mr. Roberts stated he would like to know where these originated and the purpose. Mrs. Tinker informed him the City adopted a flood insurance ordinance last year which was copied from a sample sent to the City without including the necessary informa- rion as it pertained to the City such as sea levels, etc. Mr. Howell asked that it be revised and Mr. Vance has been working on it for several weeks. It has been revised and should be adopted with the necessary information included. Mr. Roberts asked if this is a requirement for all municipalities and Mrs. Tinker replied affirmatively and stated we have to adopt it before anyone can get flood insurance. Mrs. Tinker added the second item was submitted at the recommenda- tion of the Recreation Director and has to do with new developers whereby a certain percentage is allocated To the Recreation DepT. and he would like a separate fund for the monies as they come in from the developers. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH: FLORIDA MAY 1, 1979 OLD BUSINESS Considem Street Resumfaeing P~ogmam M~s. Tinker referred to the meeting of April 3~d and stated a list of streets needing resurfaeing as prepared by Mr. Tom Clark~ our City Engineer, in the appmoximate cost of 5125,000 plus was pre- sented. The budget figure was ~75,000 and Council directed to have Mr. Clark revise the list including those streets that were in dire need of repair and to stay within the budgeted amount of ~75~000. The revised list has been submitted which is self-explanatory. As indicated in Mr. Clark's memorandum, he included the City Hall parking lot in the amount of $10,000. If Council would like to proceed with this project, this could be taken out of the $163,000 Federal Revenue Sharing Fund balance at the end of September, 1978. These funds can be used for capital outlay items. However, in her opinion, the City Hall parking lot project should not be attempted at this time due to the Seacrest Boulevard construction, as she feels'this would cause quite a problem and an inconvenience for our employees and our citizens in trying to find parking spaces. She would recommend, if the Council is interested in going the City Hall parking lot, it be held in abeyance until the construc- tion has been oompteted in this area. She then read the attached memorandum dated April 17, 1979, from Mr. Tom Clark listing the streets and approximate cost. Mr. Roberts stated we moved on this before, giving approval to go ahead with $75,000 worth of repairs and when that is complete to come back to the Council and see what else is necessary. Mayor Harmening questioned how the work would be done and Mrs. Tinker replied she believes we are going outfor County bid. Mayor Harmening asked if the City forces are doing the overlay and Mrs. Tinker replied negatively. Mr. Sullivan informed him it would be by County bid. Mrs. Riscoe asked ii S.W. 4th Avenue was included,which was men- tioned under Public Audience and Mr. Clark pointed out that it did include S. ~. ~th Avenue between S.W. 3rd Street and S.W. 1st Street. Mavor Haz~nening referred to the intemsection mentioned by Mr. Riley and asked if there was any possibility of improving this corner and Mr. Clark told about this corner being abused and stated the City can cut it out and resurface that intersec- tion. Mr. Strnad questioned how the price was determined and Mr. Clark explained that it was based on a price from Rubin who is the low bidder for the County and it is based on tons in place. However, he understands there is an escalation clause ~or the cost of the asphalt which may change the estimate a little bit. -8- MIK~dTES - ~EGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA MAY 1, 1979 Mrs. Riscoe moved to accept the street resurfacing program includ- ing the area spoken about under Public Audience tonight and also To delete at this partieular time the City Hall parking lot. Mr. Strnad seconded the motion. Under discussion, Mayor Harmening added that probably a bud pet transfer can be made when the exact cost is detemmined since this approx/mate_v amount is budgeted. Motion carried 4-0. Vehicle Towing Service Contract Mrs. Tirker informed the Council this is on the agenda as she would like to know their preference as to which contraet they prefer. She has forwarded a copy of Mr. Tanzy's recommendation whieh stated either form appeared legally sufficient, though the longer form was more complete. She has only received an answer from the Mayor and would like input from the Council members which they prefer. Mayor Harmening replied that he preferred the longer form. Mr. Strnad stated that we should naturally take the advice Of our attorney and accept the longer form. Mrs. P~iseoe concurred. Mr. Roberts replied that he would remain mute. Review and Discussion of Proposed Sign 0rdinanee (Tabled) Mr. Roberts moved to take this from the table, seconded by Mr. Strnad. Motion oarried 4-0. Mr. Roberts referred to discussing this several times and stated unless there is some objection, he thinks it should be voted up or down at this point. It seems to be in order if there are no further additions or deletions to be made. Mr. Vanoe then read proposed Ordinance No. 79-15 by title on first reading. Mr. Roberts moved the adoption of Ordinance No. 79-15 on first reading, seconded by Mrs. Riseoe. NO discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Strnad - Aye Vice Mavor Riscoe - Aye Councilman Roberts - Aye Mayor Harmening - Aye Motion carried 4-0. Proposed Comprehensive Plan Pu~lle Hearing Dates for Adoption of Proposed Comprehensive Plan Mr. Annunziato referred to tentatively speaking about August 21 for the adoption hearing and stated he felt it would be appropriate To set the first hearing date~ not at a reoular Council meeting in -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 1, 1979 case there is reason to discuss the plan at more length, for Wed- nesday, August !, at 7:30 P. M. as a Special Meeting for first reading of the ordinance to adopt the Comprehensive Plan if it meets Council's approval. Mayor Harmening asked Mr. Annunziato to review the amendments. Mr. Annunziato referred to conducting a public hearing on the plan last Wednesday night and stated several items were discussed and dimection was provided to the staff to make additional amend- ments. He read the sections to be added: Paragraph 2 to Area 3, Page 89, Land Use Element; Paragraph 10~ Area 20, N. E. loth Avenue between Seacrest Blvd. & Railroad Avenue; Paragraphs 10 and tl, Traffic and Circulation Element; and Paragraph 5, Capital Improve- ments Section, addressing the widening of N. E. 10th Avenue. Mr. Jeff Tomberg came befome the Council and stated since a public hearing will be held on August !, he believes it will be best to wait until then since there is a large agenda for the Council's consideration tonight. Mayor Harmening clarified that a public hearing was held last Wednesday and for formal finalization, there will be additional public hearings. He would think there would be very little changes made at the final public hearings. He asked if he was not prepared to make a recommendation at this time and Mr. Tomberg replied that he is prepared, but thinks it would be better to wait until the final public hearing. He re- quests his particular parcels to be held in abeyance until the final public hearing. Mayor Harmening asked if additional changes could be made at the final public hearing and Mr. Annunziato re- plied that minor chan~es could be made if not severely impacting the plan. Mr. Tomberg stated he is representing property along N. W. 2nd Avenue just west of 1-95, approximately one block, and along Woolbright Road between 1st Street and 1-95, which are not large parcels of land. Mr. Vance referred To this being mentioned at the last public hearing and stated it was his understanding he was to discuss these further with Mr. Annunziato. Mr. Tomberg clarified that his client was to get together with Mr. Clays regaz~ing easement to the property. Mr. Vance asked if the City Planner regarded the matter under discussion as signifi- cantly affecting the Comprehensive Plan and Mr. Annunziato re- plied that of the two, S. W. 15th Avenue would be most signifi- cant as it would impact 15th Avenue in many places. Mr. Annunziato stated his reco~mjnendation would be to transmit the plan as proposed and if Mr. Tomberg wishes to address the Council on August 1 or 21, he has that prerogative. However, for clari- fication, we would not be holding his issue in abeyance. Mr. Vance clarified further that public hearings have been held and this matter has been discussed. There will be subsequent adver- tised public hearings and if Mr. Tomberg has further comment, he can make it. He concurs with the recommendation of the City Planner. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA MAY !, 1979 Mr. Robervs asked if egress to the one parcel had been taken care of and Mr. Annunziato replied at the public hearing, the Council left Mr. Tomberg and Mr. Clays with the feeling if they could work out in~omess and egress for the parcel at N.W. 2nd Avenue and S.W. 1st Street, there may be room for the recommendation made~ but he has nov heard from them. Mr. Vance stated it would be appropriate to discuss this at the public hearings on the plan. Mayor Harmening stated if Council desires, it has been recommended by the City Planner that we hold a preliminary public hearing on August ! at a special meeting and a final public hearing on Aug- ust 21. Mrs. Riseoe moved to accept these dates for a special meeting on Auomst 1 at 7:50 P. M. and on August 2! on the Compre- hensive Plan, seconded by Mr. Strnad. Under diecussion, Mr. Roberts clarified that the second hearing would be at 8:00 P.M. at the regular City Council meeting. Motion 2arried 4-0. Transmission of Plan to Regional §~d 3tare Planning Agencies Mr. Roberts moved to transmit this plan to the appropriate regional and state planning agencies, seconded by Mrs. Riscoe. No discus- sion. Motion carried 4-0. Receipt of Correspondence from Attorney Robert F. Griffith, Jr. Re: S. J. Jarvis, Trustee Mr. Robert Griffitb, Jr., 630 East Ocean Avenue, came before the Council representing Mr. S. J. Jarvis and the tract of land lo- cated on Woolbright Road between 1-95 and the E-4 Canal which was rezoned this past year from residential to commercial along Wool- bright Road and a Planned Industrial Park adjoining to the south. This is land which the City and developer have been working with in order to provide the City with raw water wells which have been dug on the eastern side of the property. He referred to Florida Power g Light Co. having installed power to the P.I.D. area and stated part of the plan includes development of water mains to service other parts of the City. He explained that the developer could not proceed with improvements until the water main is in- stalled by the City. They request the City Council to approve an extension date from the required time the commercial property was rezoned until May, 1980, which would allow sufficient time for the City to install the necessary waver mains to serve other areas of the City. The present City law is if a plan is not platted within one year from the rezoning, it goes back to its for~ner status. The holdup has been getting the water facilities to serve this property. The City has been held up getting pipes and plans. The expiration date for the P.I.D. ie May, t980~ and they request the commercial part be extended To this date also. -il- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 1~ 1979 Mayor Harmening read Mr. Annunziato?s recommendation: t'By plat- ting the two parcels at one time, a better scheme for drainage and access would be afforded the City~ therefore, I recommend that an extension be granted to Mr. Jarvis on the commercial zoning with such extension expiring on 4-17-80. This is the date that the PID zoning expires? Mr. Vance noted the applicant has quested May and the City Planner recommends April 17 and Mr. Griffith replied April 17 would be no problem. Mr. RoberTs moved the request for extension be granted to 4/17/80 as reoommended by the City Planner, seconded by Mrs. Riscoe. No discussion. Motion carried 3-1 with Mr. Strnad dissenting. Application for Beverage License Submitted by Keith Bacon dba C. P. Keb's, 3632 South Federal Highway (Tabled) Mrs. Riscoe moved to remove this from the table, seconded by Mr. Roberts. Motion carried 4-0. Mayor Harmening clarified the only problem previously was the appli- eat/on was not totally completed, but this has been taken care of. Mrs. Riseoe moved to accept the application for the beverage license submitted by Keitb Bacon dba C. P. Kebts aT 3632 South Federal High- way, seconded by Mr. Roberts. No discussion. Motion carried 4-0. Discuss Demolition and ReconsTruction of Royal Palm Clubhouse Mrs. Tinker referred to submitting a lengthy memo covering this and sunm~ari~ed that Mr. Albers did shore up the roof of the club- house with Mr. Howell in attendance and it will be safe for the upcoming election. She then read Mm~. Howellts memo: ??Pertinent To the above= in my opinion~ an estimate £or demolition of the above would be $1,200 to $1~500. To rebkild in the amount of 1,900 square feet, which is approximately the figmre in existence pre- sen~ly; and based on Standard Building Codest evaluation for that type sTmucEure, which is generally very close to what builders are charging~ would be in the neighborhood of $55,000? She referred to being in agreement with Mr. Albers and Mr. Howell that these costs are rather high to renovate an old building and it is recom- mended the Boat Ramp Park be used for those residents using the Royal Palm Clubhouse rather than expendin~ this amount of money. However~ today she received a memo from t~e Recreation Director indicating he has s heavy schedule at the Boat Ramp Park and there are only thmee Wednesdays open for any meetings, but possi- bly an additionsl room could be built onto it ro provide room for meeting facilities. Mayor Harmening referred to the time required and Mrs. Tinker plied that no time frame was given at all. Mayor Harmening re- ferred to discussing time being o~ the essence and stated we dis- cussed the possibility of a penalty clause or bonus clause in the contracv. Mrs. Tinker replied this was not included a~ all. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA MAY 1, 1979 Mrs. Tinker stated the instructions were to obtain a price to demolish the building completely a~d rebuild and Mayor Harmen/ng agreed, but stated a time frame was also discussed in order ~o prevent people from being deprived of a facility for any period of time. Mrs. Tinker replied that Mr. Howell did not submit this information with his estimate. Mr. Bert Keehr~ Deputy Building Official, 2ame before the Council and advised that Mr. Howell did not mention anything about a time frame~ h0wever~ under normal construction conditions, he would estimate tha~ at least six months would be required from the time demolition be~i~s. Mr. Strnad replied that he thought six months was too long for a plain structured building and he-thinks 2~ months would be closer to the figure. Mayor Harmening added that he is sure if it is the right contractor and with a bonu~s penalty clause that it could be done in less than 2½ months. Mr. RoberEs stated that no plans have been reviewed and Mayor Harmening agreed and clarified that we are discussing it in con- cept whether to proceed. Mayor Harmening asked how much was spent to shore it up for the election and Mr. Keehr informed him that a couple men spent Ewo or three hours there. He added in reference to a time frame~ it would rely on the contract actually bid. Mr. Roberts referred to the condition of the present shuffleboard courEs and questioned whether they should remain. He believes this should be considered when the plans are drawn and whether to beautify this area or install a parring area. Mr. Strnad stated the figure given of $56,000 is in excess of ~25 per square foot and he does not think it will be this expen- sive for this typebumldlng.' ' Mrs. Tinker explained that it must meet the Standard Building Code. Mr. Keehr explained the esti- mate was based on the permit cost analysis from the Standard Building Code. Mrs. Riscoe stated she thinks Mr. Frederick's recommendation has a lot of merit. Mayor Harmening clarified that time was of the essence if we are going To demolish and reconsvruct. He does not mean to imply we must move on this tonight. An alternate has been presented to build an addition at Boat Ramp Park, but he suggested eonsidering the different types of uses and whether they would be compatible. Also, the Royal Palm ~lubhouse is within walring distance of many people. Mr. Strnad agreed that at least 70~ to 80% of the people do walk to this clubhouse and crossing the highway to the boat ramp may be an additional hazard for them. -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 1, 1979 Mr. Roberts stated first plans should be prepared and sent out for bids including the grounds and then make a decision. Mayor Hamening agreed we should not proceed without doing this. Mr. Roberts made a morion that plans be drawn and brought back to the City Council for a buildin~ not to exceed the present area in- cluding some suggestions for t~e grounds. Then, we can go out for bids. Mr. Strnad seconded the motion. Mayor Harmening clarified that it had been moved and seconded to direct the City Manager to have plans prepared for demolition and reconstruct/on of the club- house on 22nd Avenue and bring them Yack to the City Council for approval. What we discussed is something like a shell, nothing elaborate. No discussion. Motion carried 4-0. Consider Final Plat for Suma~t Plat No. 2 (Hunter,s Run Golf and Racquet Club) Mayor Hammening asked if anyone in the audience was present to review the final plat. Mr. Tom Clark~ City Engineer, came before the Council and advised this is Plat No. 2 which does not include any improvements. He explained it was property which was annexed recently and is part of the golf course and consists of just five acres. ~ Mrs. Riscoe moved ro approve the final for Hunter's Run Golf and RacqueE Club, No discussion. Motion carried 4-0. plat for Summit Plat No. seconded by Mr. Roberts. Consider Acceptance of Final Plat from Ridgewood Estates Mr. Burl Genvry, representing the devel~per~ advised this follows the former presentation where the access was revised onto 23rd Avenue from this developmenr. This is in keeping with the recom- mendations of the Planning $ Zoning Board. Mrs. Tinker added that a cheek was received in the amoun~ of ~18,252 for the recreation facilities and the school board agreement has been signed by the developer and returned 5o the School Board for their signature. Mrs. Riscoe moved to accept the final plat of Ridgewood Estates, seconded by Mr. Roberts. No discussion. Motion carried 4-0. NEW BUSINESS Presentation Delivered by Mr. Roger Hawkins Director of the Boca Raton Y.M.C.A. Mr. Roger Hawkins stated he was present to bring the Council up to date on the development and progress of the Y.M.C.A. of Greater Boynton Beach. He told about committees meeting during the past few months and finding that people feel there is a great need for a Y.M.C.A. in the greater Boynton Beach community. They have had three steering committee meetings to discuss the direction of the -14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA MAY 1, 1979 Y.M.C.A. and the needs of the community. The greatest need right now is a home in Boynton Beach. They are trying to find a facility to use or a temporary facility. They are looking for some land where they can ultimately build $ structure similar to the one in Boca Raton. He is aware the Council has discussed the possibility of having a Y.M.C.A. in this City and they would like to know if it would be possible for the City to donate land. They already have started programming in the community. He told about having a day camp program during the Easter Holidays and having to turn children away. They have also planned a day camp program at 3alaxy School whieh will start when school is out. They know the City does have some tracts of land throughout the community ear- marked for recreation and if feasible, they would like land do- nated to the Y.M.C.A. Mayor Harmening asked if he had discussed this with the City Mana- ger or Recreation Director and Mr. Hawkins replied that he only had initial contact with the Recreation Department regarding the need for s Y.M.C.A. Mr. Strnad stated he thinks something like this would be advanta- geous to being in the City with the trouble we now have with the youngsters. He thinks the youngsters should have some place to go and be under supervision. Mayor Harmening questioned how many acres were contemplated £or the building and Mm. Hawkins replied the only reference he has to go on is what they have in Boca Raton which is 15 acres of land with Two athletic fields~ day care pamk, tennis courts~ etc. Mrs. Riscoe suggested that Mr. Hawkins meet with our Recreation Director and perhaps they can work out a situation where there might be the possibility to locate and then come back to the Council and see what we 2an do. Mr. Roberts stated he would not be in favor of building anything on the 55 acres unless it does not intemfere with the plans for ball diamonds, etc. Mrs. Riseoe replied that we also have 30 acres across the street from the 55 acres. Mr. Roberts informed her the use of this might be limited with it being designated for municipal purposes and he would not consider a Y.M.C.A. municipal purposes. Possibly we could retain ownership of the land and lease it to the Y.M.C.A. on a long term basis. Mayor Harmening agreed this could be looked into and suggested that Mr. Hawkins and Mr. Frederick discuss it further. ADMINISTRATIVE Consider Request for Annexation Submitted by Ronald Co~bitt for ~ugh Culverhouse Mr. Ronald E. CorbJtt, Jr.~ 8206 S.W. 82nd Court~ Miami~ author- ized agent for the petitioner came before the Council and advised -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 1, 1979 the total tract encompasses 85 acres with 65 acres presently in the 2ity limits and this 17 acre tract is in Palm Beach County. Sev- eral months ago, they submitted an application To dezone the acre- age in Boynton Beach and it was their intent to annex this addi-, tional land into the City. The County has expressed their desire in favor and he asks the Council to make a recommendation. Mayor Harmening suggested the City Attorney be directed to prepare the necessary resolution Eo the Board of CountyComm~ssmoners' ' re- questing this annexation. Mr. Roberts questioned the exact location of this paroel of land and Mr. Annunziato explained it was located to the rear of the middle school going to Knuth Road from Canal L-25 north ro Bovn- ton Road. Mrs. Riscoe moved to instruct the City Attorney to draw up the resolution to the County Commission, seconded by Mr. Strnad. Mayor Harmening read the legal description of this property to be annexed: That portion of Tracts 6 and 7 lying South of the South Right-of-Way Line of State Road No. S-804 as same is recorded in Road Plat Book No. 2, at page 217 through 220; Public Records of Palm Beach County~ Florida, and tracts 8 and 25 less the West- erly 250 feet (as measured along the South line of said State Road S-804) of the Northerly 500 feet (as measured along the West- erly line of said Tract 8 and 25) of that portion of said Tracts lying Southerly of the South Right-of-Way Line of State Road No. S-804~ and less the West 25.0 feet of said portion of Tract 25, and ~racts 26 and 27; all said tracts being a portion of Pslm Beach Farms Company Plat No. 8, recomded in Plat Book 5~ at Page 73, Public Records of Palm Beach County, Florida. Motion carried 4-0. Consider Request forOne (1)'Tempo~a~ %~aitemcSalesa~iee Sub- m~'~~6~P~d~ht~--[~i~a~ ~operties. (Ridgewood Estates) Mrs. Riscoe moved to 9-rant the trailer request submitted by Arnold Moretto for Ridgewood Estates, seconded by Mr. Strnad. No discus- sion. Motion carried 4-0. Consider Appropriate Name for Parcel Now Known as 1-95 Strip Park Mayor Harmening announced it would be the Chair's recommendation that the Recreation Director and Recreation Board either hold a contest or come up with a suitable list of names so the Council could select one or there are a number of possibilities in that area. He asked if the other members had any suggestions. Mr. ~rederiek replied the Board has discussed it and has requested Mr. Sam Kendrick to consult the Concerned Citizens' Organization and he will bring back the recommendation to the Council. MINUTES - REGULAR CITY COUNCIL MEETING MAY 1, 1979 BOYNTON BEACH, FLORIDA Consider the Water Main Extension on Washington Avenue, Hypoluxo~ into the Sunny Hills Lines Mrs. Riscoe asked if the residents are paying for everything and Mrs. Tinker replied affirmatively. Mrs. kiscoe moved us exvend the waver main e×vension on Washington Avenue, Hypoluxo, into the Sunny Hills Lines: seconded by Mr. Strnad. Under discussion, Mr. Strnad referred to getting more wells, but stated he is concerned the residenvs of this City will have an adequave water supply and we will not run invo anything like we had before. If we are supplying more water sut of the City, we must make sure we have plenty of water for the residenvs. Mr. Robervs asked if this is near Miner Road and Mr. Clark informed him it is in the County area north of Miner Road. Mr. Roberts asked where the lines would be laid to connect 5o this and Mr. Clark informed him the water lines have been exvended with Over- look Road to serve this 2ounty subdivision. Mr. Roberts referred to supplying water to a developmenv every time one asks and stated he has received complaints of low waver pressure at Miner Road. We do not have a Utilities D/rector and we should have an answer whether we can supply it. Mr. Clark informed him the normal usage is six million gallons perdday and we were pumping twelve million gallons per day when we ran out. Mayor Harmenin~ stated it is his opinion there was considerable degree of mismanagement. Mr. Strnad referred to this being in the 2ounvy and asked if water sprinkling had to be restricved, do we have the authority to do this in the County limits and Mayor Harmening replied affirmavively. Mr. Vance informed the Council that he Bas been working with the Consulting Engineers and Mr. Law doing a reworking of the waver and sewer ordinance relating vo service which will involve an in- crease in the capital fac/livy charge. Mr. Roberts stated his concern is not the installation, but whether or not the amount of water required for this development will affecv those hooked up to the system. He would like 5o know the number of units in- volved and Mavor Harmening pointed out the letter of request notes six units. Mrs. Tinker clarified that only six propervy owners are requesting it and it is in our service area. Mr. Clark added that we do have an agreement with Sunny Hills and this is an ex- vension us serve some existing families in that area. Motion carried 3-1 with Mr. Strnad dissenting. Consider Reques~ for Water Service OnlV a~ 1069 Miner Road Mrs. Tinker informed the Council that the owner of this property has had three wells drilled and none are adequate or acceptable. Mayor Harmening added thav there is an existing 6~, water main along the South property line of this property and no extension ms required nor would there be any expense 5o the City. The only expense that would be incurred would be by Mr. Ritz for the cost of the size meter involved. Mr. Roberts moved to gran~ Mr. Ritz some water, seconded by Mrs. P/seoe. No discuss/on. Motion carried 4-0. -17- MINUTES - REGULAK CITY COHNCIL MEETING BOYNTON BEACH, FLORIDA MAY ~1979 Consider Request for One (1) Sales Office Trailer on the Northwest Corner of Congress Avenue and Charter Drive Mrs. Riscoe moved to grant the request for ~ sales office trailer au the corner of Congress Avenue and Charter Drive, seconded by Mr. Strnad. No discussion. Motion carried 4-0. Special Election Nominating Petitions Filed Mrs. Padgett informed the Council that five have filed for the Special Election: Diane S. Baird, Marilyn M. Czufin, Joe DeMareo, Walter ~Marty~ Trauger, and Sam Lamar Wright. Ail these nominees have sworn under oath they are duly qualified to hold office and have filed nominating petitions containing 25 signatures which have been certified by the County office, paid the $25.00 filing fee, and have been certified by Jack, s Winchester, Supervisor of Elections, Palm Beach County~ as a registered voter in the City of Boynton Beach. Mrs. Riscoe stated she takes objection to the subject matter of this particular c~se because it states on this memo it is a Spec- ial Election. The proclamation reads Special Primary Election. Mayor Harmening asked' Mr. Vance if he had any problem with the City Clerk's memo and Mr. Vance replied negatively. Mrs. Riscoe stated she is not against the people running, but is against the method and manner in which this election has been done. It has not been done according to the Charter, preferably Chapter 141. She will vote NO to accept the ballot. After discussion~ Mr. Roberts moved no place these names on the ballot in alphabetiua! order, seconded by Mr. Strnad. Under dis- cussion, Mr. Strnad referred to being curious and asked if the people had To pay to have the names on their petitions checked off and Mrs. Pad,err replied affimmatively that they did this year. She added this eharge has been on the books all along, but they have not charged until this year~ 100 per name was charged by the Elections Office. Motion carrisd 3-1 with Mrs. Riscoe dissenting. Mayor Harmening stated s request has been submitted from the City Clerk ~o refund Mrs. Jaekson's g25.00 filing fee since she has withdrawn. Mr. Roberts moved To refund Mrs. Emily Jackson $25.00 in view of the fact she has withdrawn, seconded by Mrs. Riscoe. No discussion. Motion carried 4-0. Appointment of Poll Workers Mrs. PadgeEr referred ~o not expecting a large turnout and stated she has tried to deerease the i/sr. We will need 73 workers. She has submitted $ list of 86 names who have asked To serve. How does the Council want her to proceed in order to select workers for the election? MINUTES - REGULAR 2ITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA MAY 1, 1979 Mr. Strnad stated he would like to make the same statement hes has made previously that he thinks it is very unfair to have ~wo people from one family serving on the polls when there are a number in the City who would like to serve. He would not vote for this list the way it is submitted. Mrs. Pad,err informed him this is just a list of people who have asked to serve. Mayor Harmening suggested that the City Clerk poll the people where there are two members from one family and see which one would want to serve. Mr. Roberts moved to use one per family with the City Clerk contact- ing the members of one family for s decision, seconded by Mr. Strnad. No discussion. Motion carried 4-0. Mrs. Padgett referred to not having enough workers in some pre- cincts and having an excess number in others and asked if the Council desired to move the people vo another precinct or re- cruit workers from within the precinct to keep everyone in their own precinct? Mayor Harmening questioned the number needed and Mrs. Padgett replied: 73. Mayor Harmening asked if this number would be suffic~nt to have some alternates and Mrs. Pad~ett re- plied negatively and stated we must have 73 report for ~uty on the-morning of the election. Further discussion followed on the compiling of the list and Mr. Roberts stated the City Clerk has always handled this before and Mrs. Padgett stated she would like to know the Council's guidelines. Mrs. Risooe suggested using those who have ~alled in or the most recent ones instead of the older ones. Mrs. Padgett stated she will use those within a pre- cinct first ~f there are no objections and Mr. Roberts replied that the City Clerk is capable of doing this. Mr. Vance announced that the City has been sued by Robert Riseoe regarding the conduct of this election. His office will be de- fending the City. Various motions regarding this suit will be heard on Thursday of this week at 8:45 A. M. Mr. Strnad asked if the public is invited and Mr. Vance replied affirmatively. Mayor Harmening asked if there was any motion desired on the poll workers and asked if it was the coDsensus of the City Council to turn it over to the City Clerk and Mrs. Riscoe replied affirma- tively that it should be taken care of by the City Clerk and Mrs. Padgett will use the newcomers' names and eliminate doubles in a family and proceed from there within the precincts. The Council expressed agreement. Discuss Water Storage Study as Presented by Russell $ Axon Mayor Harmening referred to asking the Consultants sometime back to come up with alternate proposals for a 750,000 gallon water storage tank on Congress Avenue and the alternates are an ele- vated tank~ ground level storage tank or partially submerged tank. The primary considerations are the aesthetics and cost differen- tial between these three possible alternatives. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 1~ 1979 Mr. Strnad stated he would be in favor of having an on-ground storage tank rather than having a tank in the air. Also, we would have a more even supply with the water being pumped. Mayor Harmeninc- asked if it was the consensus of the Council they prefer-ground storage rather than partially under-ground? He does no~ think an elevated tank is in consideration, which is more expensive. The total construction costs for an elevated tank is ~744,1255 ground tank is $S18~125; and partly under,round tank is $5657000. The only difference between the partly u~der- gmound and the ground would be the aesthetics. Mr. Roberts asked if any recommendation had been submitted and Mrs. Tinker replied that both Mr. Law and Mr. Co!tin are both in favor of ground storage. It is the most practical for maintenance and the least expensive. She added that Mr. Law suggested it should be placed on a one acre site and possibly the City should try to build a larger storage facility depending on the amount of land available. Mayor Harmening stated that an elevated tank is ultimately cheaper because of the operational costs. He explained the one drawback of the pressure being the least when the demand is the greatest. With ground storage, a pump is used and it will maintain constant pressure. He referred to the growth pmojected for the City and suggested possibly considering going to s 1~000,000 gallon tank since the cost differential is not all that great. Mr. Strnad added that possibly it might be considered to do away with the elevated tank ~at~ron because of the maintenance. Mayor Harmening replied that with the water in an elevated tank, we can always get it; but if there are any problems with the pumps/ we cannov get it out of the ground tanks. Mr. Strnad made a motion to go to a partially underground storage tank. Mayor Hammening asked if ~e wanted to include a definition of size and Mr. Strnad replied no less than 1,000,000 gallons. Mayor Harmer~ng referred to the p~ices submitted and stated it is probably cheaper to build it larger when in the process of build- mng but a price has not been included for a partially under,round 1,000~000 gallon tank. Mr. Roberts questioned the advanvag~ of havin~ the tank partially underground and Mayor Harmenin~ replied that it is out of sight more. Mr. Roberts p~inted out to have it on the ground is cheaper and Mr. Strnad replied to have it all the way underground would be more expensive. They compared the costs and ~izes further. Mr. Strnad then questioned how high the tank would be and Mayor Harmening informed him the On-ground tank would be about 18~ high and the partially underground would be about 10~ high. Mr. Strnad stated we should decide what the people want amd it must be screened from view. They discussed further the visual appearance of the tanks. -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA MAY 1, 1979 Mr. Strnad made a motion to go out for bid on a waver storage ~round level tank no less than 17000,000 gallons capacity~ seconded by Mrs. Riseoe. No discussion. Motion carried 4-0. Change Orders Sara Sims Park - Tennis Courts Mrs. Tinker read Mr. Flushin~s memo advising the Sara Sims Park Tennis Courts have been completed, inspected and accepted by the City Engineering Department and the City Recreation Department. A Change Order to the Sara Sims Park Tennis Contract was submitted for the approval by Council. The Change Order document is self- explanatory. A final bill in the amount of $8,845.48 has been checked by the Engineerin~ Department and payment is recommended for approval by Council. Funds amc available from the Community Development Capital Improvement Grant. Mrs. Riscoe moved to accept the Change Order for Sara Sims Park for the tennis courts, seconded by Mr. Roberts. No discussion. Motion carried 4-0. Galaxy Park - Tennis Courts Mrs. Tinker read Mr. Flush~ng's memo advising the Galaxy Park Tennis Courts have been completed~ inspected and accepted by the City Engineering Department and the City Recreation Department. A Change Order to the Galaxy Park Tennis Contract was submitted for approval by Council. The Change Order document is self- explanatory. I final bill in the amount of $8,972.64 has been checked by the Engineering Department and payment is recommended for approval by Council. Funds are available from E.D.A. Grant Project No. 04-51-26706. Mr. Roberts moved to approve the Change Order for the GalaxyPark Tennis Courts, seconded by. Mrs. Riscoe. No discussion. Motion carried 4-0. Application for Beverage License Submitted by Marlene B. Norfus dba 10th Avenue Market~ 130 N. E. 10th Avenue Mrs. P~iscoe moved to accept the application for the beverage license submitted by Marlene B. Norfus dba 10th Avenue Market~ 150 N. E. 10th Avenue~ seconded by Mr. Strnad. No discussion. Motion carried 4-0. ?pplieation for Permit to Solicit Submitted by V.F,W. Post $535 Mr. Roberts moved to grant the application to V.F.W. Post $335 to solicit~ seconded by Mrs. Riscoe. No discussion. Motion carried 4-0. -21- MINUTES - RBGULAR CITY COUNCIL MEETING MAY 1, 1979 BOYNTON BEACH, FLORIDA Budget Transfer Request from Water Plant to Various AccounTs and Water Supply to Other Contractual Services Mrs. Tinker infommed the Coun2il a budget transfer was requested in the amount of $4,000 from the Water-Plant inasmuch as they no longer need the remote control chlorinator and funds are needed for fuel and to build e Temporary road to well Nos. 15 & 16. The request is for ~500 for fuel~ ~500 for non-auto gas~ oil and lubes~ and $37000 for the road. Mrs. P~scoe moved to grant the request for a budget transfer from the water plant to various accounts, seconded by Mr. Roberts. No discussion. Motion carried 4-0. Approval of Bills Mrs. Tinker read the following bills for approval: Aqua Chem Co. $ 4,329.84 Pebble time for Water Plant Pay from Water & Sewer Revenue Fund 401-332-533-30-65 Dolph Map Company, Inc. Boynton Beach street maps Pay from PubliciTy Fund 101-191=519-~0-54 Coun2iI approved 2/6/79 2,000.00 I.B.M. Corp. Rental for computers for April Pay from budgeted funds 001-133-513-40-21 6~446.00 Allen Insurance Agency Two new dumpsters added Eo Auto Liability and additional coverage for physical damage. Pay from General Fund 001-195-519-40-41 1,476.00 001=195-519-40-49 5,398.00 6,874.00 Board of County Commissioners Solid waste disposal for March Pay from General Fund 001-~41-534-40-9G 10,625.00 Tennis Supply - Final Construction of tennis courts - Sara Sims Park Pay from General Fund 001-000-1!5-78-00 Re-imbursable from Community Dev. Block Grant Contraet dated 1/4/79 8~ 845.48 Tennis Supply - Final Construetion of tennis courts - Galaxy Park Pay from Public Works Grant Fund 350-000-247-79-00 Contract dated 1/4/79 8~972.64 -22- MINUTES - REGUDBR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 1, 1979 Lot Service - Final Improvements at 1-95 Strip Park Pay from General Fund 00!-000-tlS-87-00 Re-imbursable from Community Dev. Block Grant Council approved 12/19f78 15,846.20 Isiah Andrews Driver for Senior CitizensT Club Pay from Federal Revenue Sharing Ordinance 75-15, passed 5/15/75 llO.00 - 2 weeks Fund 520-87!-570-02-5A 10. Willie Ruth McGrady 96.00 Server for Senior Citizens Clul - 2 weeks Pay from Federal Revenue Sharing Fund 520-871-570-01-5A Ordinance 75-15, passed 5/15/75 11. Mun/eipal Code Corp. 4,000.00 Publication of Code of Ordinances Pay subject to Council approval of over-expenditure General Fund appropriation is 5,500 - recommend transfer Mrs. Tinker stated the bills described have been approved and veri- fied by the department heads involved; checked and approved for payment by the Finance Deparement; funds are available in their respective budgets with the exception of the last item. This account is over-spent on the municipal code. Does the Council want it to remair over-spent or have a eransfer made? She recom- mends payment if Council approves. Mayor Harmening replied that a transfer should be made. Mrs. P/scoe moved to pay the bills, seconded by Mr. Roberts. No discussion. Motion carried 4-0. OTHER Mr. Strnad asked the City Attorney if we are compelled by law to vote to allow the Unification Church to come in and solicit even if it is against our better judgment and Mr. Vance replied are not compelled by law to vote to per, it them to come in, They have won a long line of cases in courts across the country based upon violation of their constitutional rights and prohibiting their religious freedom. There is no law compelling the Council to vote to let them come in. However~ if they litigate the matter and sue us, there is a high probability they would win. Mayor Harmening commented with the resources we have available to us in legal talent, their probability has been reduced enormously. -25- MINUTES -REGULAR CITY COUNCIL MEETING MAY 1, 1979 BOYNTON BEACH, FLORIDA ADJOURNMENT Mr. Roberts moved to adjourn, seconded by Mrs. Riscoe. Motion eamr~ed 4-0 end the meeting wes properly edjourned at 10:20 P.M. CITY OF BOYNTON BEACH, FLORIDA Couneilm~n ATTEST: City Clerk Recording Secrevary (Three Tepes) -24- 1. 2. 3. 5. 6. 7. 8. 9. 10. 12. ~13. MEMORANDUM TO': FROM: Re: Mrs. Annette Tinker, Acting City Manager Tom Clark, City Engineer Street Resurfacing Program April 17, 1975 "~ In response to your memo of April 11, 1979 a revised to be resurfaced is submitted herewith. Street Hame S.E. 34th Ave. between S.E. 1st St. and S.E. 2nd Cour~ ~ list of streets The estimated cost-is $74,980. Length (f~..) AD, fox. Cost t000 ~$ 4,800 S.E. 2nd St. South of S.E. 34th Ave.to S.E. 36th Ave. 750 3,300 Fernwood Drive between Chapel Hill Blvd. and S.W. 29th Ave. (Sunset Road) 500 2,380 Greenwood Lane between Chapel Hill Blvd. and S.W. 29th Ave. (Sunset. Road) 600 2,350 Churchill Drive between Chapel Hill Blvd. and S.W. 28th Ave. 900 4~300 S.W. 29th Ave3 between Pine Tree Lane an~ Churchill Drive *(Sunset Road) 300 1,400 S.E. 6th Ave. between S.E. 4th St. and U.S'. 1 S.W. 4th Ave. between S.W. 3rd St and S.W. 1st St. N.W. Ist Ave. west from N.W. 8th St. to dead end Industrial Ave. 1700 ft. south from North end N.W. 7th St. from N.W. 2nd Ave. to N.M. t3th Ave. Cor~l Drive between Coral Court and Old Boynton Road N.W. 4th Ave. from N.W. 5th St to N.W. 4th St. ' 400 1,900 1200 5,700 400 1.900 1700 8,000 3000 15,000 400 1,900 450 2,100 TO: Mrs. Annette Tinker Re: Street Resurfacing Program April Page 2 14. 15. 16. 17. 18. 19. 20. Street Name Length (ft.) N.W. 4th St. from N.W. 2nd Ave. to N.W. 4th Ave. 600 N.W. 3rd Ave. between N.W. 4th St. and N.W. 3rd St. 400 N.E. 5th Ave. between Seacrest and N.E. !st Street 600 N.W. 10th Ave. between N.W. 1st St. and Seacrest 800 N.E. 15th Ave. between N.E. 4th St. and F.E.C. Railroad 300 N.W. 14th Court and N.W. 1st St. between N.W. 2nd St. and N.W. 1st Court 800 N.E. 16th Court from N.E. 17th Ave. to N.E. 1st Court 70~ Totals 15800 The City Hall parking lots also need to be resurfaced cost for this is $10,000. Please advise if additional information is desired. 17, 1979 Approx. Cost $ 2,900 1,900 2,850 3,800 1,400 3,800 3,300 $ 74,980 The estimated TAC:mb cc: Bob Feltz Warren Shelhamer Bill Sullivan