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Minutes 04-03-79MINUTES OF THE REGULAR 2ITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA~ TUESDAY, APRIL 3, 1979 AT 7:30 P- M. PRESENT Edward F. Harmening, Mayor Betty Riscoe, 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 requested everyone to please rise for a moment of silent prayer ~ollowed by the Pledge of Allegiance to the Flag led by Vice Mayor Betty Risooe. AGENDA APPROVAL Mms. Riscoe requested the addition under New Business~ Item F - The Appointment of a Pemmanent City Manager. Also. the addition under Legal, Item 4 - Discussion of the Forthcoming Ordinance for the Forth- com/ng Election. Mrs. Tinker advised the site development plans from Holiday Inn were ready for the Council's review having been approved by the Community Appearance Board last night; tb/s will be Item B under Site Develop- ment Plans. She requested the addition under New Business of Item G - Consideration of Paying Transportation and Motel Expenses for Finance Director's Applicant from Portsmouth, New Hampshire. Mayor Harmening requested Item B under New Business~ Discuss Utility Director's Position, to be deleted. Mr. Roberts moved the adoption of the agenda as correoted~ seconded by Mrs. Riscoe. Motion carried 4-0. ANNOUNCEMENTS NONE MINUTES Regular City Council Meetin~ - March 20, 1979 Mrs. P/scoe moved the adoption of the Minutes of the Regular Council Meeting of March 20, 1979~ seconded by Mr. Strnad. Motion carried 4-0. Special City Council Meeting - March 23, 1979 Mrs. Riscoe referred to the first page~ seventh sentence up in the next To last paragraph, and added that she read Article 6, Section 1, of the Florida 2onstitution. Mr. Strnad moved the adoption of the Minutes of the Special Council Meeting of March 23 with the corrections noted~ seconded by Mrs. Riscoe. Motion carried 4-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1979 PUBLIC AUDIENCE Mayor Harmening announced at this time, anyone who cares to address the Council may come forward. (There was no response.) He also announced if anyone cared to address the Council on any items on the agenda to please come forward and give their name to the City Clerk end when this item of business comes before the body~ the Chair will recognize the individual who has given his name. BIDS Sara Sims Park Rest Room Building (Re-bid) Mrs. Tinker infommed the Council the bid opening on this was Tuesday, March 272 1979~ at 3:00 P. M. in the office of our Purchasing Agent, Mr. William H. Sullivan. The Tabulation Com~ttee recommends rejection of the one bid received from Mondo Terra Development Corporation of Deerfield Beach~ Florida. This job was previously bid on February 132 1979, and was considered to be too high au that time. The bid received from Mondo Terra Development on March 27, 1979, is considerably higher and we are therefore requesting that City Council give their approval for the City To prooeed with negotiations to gee the work done. Copies of the Tabulation Sheet and Bid Proposal from Mondo Terra Development Corporation are on fil~. If the Council has any questions regarding this bid~ she is sure Mr. Sullivan will be glad to assist them. After this was typed, she called Mr. Doug Dawson of the Community Development Block Progmam and he advised that if Council approves that we negotiate ~his project, we should not exceed ~45 per square foot. The bid re- ceived was ~78.58 per square foot which he 2onsiders much too high. Mr. Roberts stated on the basis of the comments and the Committee's reeommendation~ he moves to reject this bid, seconded by Mrs. Riscoe. He included in his motion that the City proceed with negotiations to get this work done and Mrs. Riscoe agreed. No discussion. Motion carried 4-0. Mr. Strnad svaEed the only objection he has To allowing the City Mana- ger and Purchasing Department negotiate this bid is that he would rather it come before the Councils so we know bow much money we are going To spend. Mayor Harmening replied that he presumed before sward of the bid, it would come back To the City Council for approvel and Mrs. Tinker agreed this was correct. Painting the Exterior of the Water Tower (South) Mrs. Tinker informed the Council that bids on the above were opened on Tuesday, March 27, 1979, au 3:~0 P. M. in the office of our Purchasing Agent, Mm. William H. Sullivan. The Tabulation Committee recommends acceptance of the low bid from Se2umity Tank L Tower Corporation in the amount of S15,550.00. A copy of the Tabulation Sheet, Proposal and Affidavit signed by W. D. Johnston~ President of Security Tank & Tower MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1979 Corp. of Henderson~ Kentucky, are on file. If the Council concurs with this recommendation, please also approve the bu~et transfer submitted of $1t,580.00 from Account 401-332-833-40.13~ Water Treat- ment - Electric, to Account 401-395-839-40.3E~ General Administration - Wa~er Tower Maintenance. Mrs. Riscoe moved =o accept the lowest bid on this project of water tower painting with the transfer of funds included, seconded by Mr. Roberts. Under discussion, Mr. Strnad questione~ how often this tank is painted and Mayor Harmening replied about every three years. Mr. Strnad asked if the same person who painted it three years ego bid on this partieuiar job and Mr. Sullivan replied negatively and advised that Hercules painted it previously. Mr. Strnad commented that he noticed about a yeer after it was painted, it started To rust on the suspension and Mrs. P~iscoe asked if there was any sort of warranvy? Mavor Harmenin~ informed them we could probably get a paint job on the water tower costin~ about three times as much which may last six years. Mr. Sullivan advi.sed that he believes this painting will last longer because included in the specifications i~ that it must be in- spected to be sure everything is being done properly and he explained. Mayor Harmenin~ added that there is condensation on the bottom of the tank keeping it moist Which aggravates the rust problem. Motion ~ar- tied 4-0. Mayor Harmening noted it was not ye~ 8:00 P. M. and suggested proceed- ing with the Legal portion of the agenda. LEGAL Ordinances - 2nd Reading - Public Hearin~ Proposed Ordinance No. 79-11 - Re: Annexation of Parcel Located in Section 1, Township 46 South, Range 42 East (West of Congress Avenue/ Portion of Old Charter World Property - Summit Associates, Ltd.) Mr. Vance read proposed Ordinance No. 79-1! by title on second reading. Mayor Hammening asked if anyone in the audience wanted to speak in favor of this ordinance and received no response. He asked if anyone in the audience was opposed to this ordinance and received no response. Mr. Roberts moved the adoption of Ordinance No. 79-11, secc nded by Mrs. Riseoe. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Couneilman Roberts - Aye Councilman Strnad - Aye Vice Mayor Riscoe - Aye Mayor Harmening - Aye Motion carried 4-0. -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA APRIL 3, 1979 Proposed Ordinance No. 79-12 - Re: ~mending Ordinance No. 78-34 to Provide for an Emended Estimate of Revenue and Expenses for the Fiscal year Ending September 30, 1979 (Antireeession Funds) Mr. Vance read proposed Ordinance No. 79-12 by title on second reading. Mayor Harmening asked if anyone in the audience wished to speak in opposition to this ordinance and reee~ved no response. He asked if anyone was in favor of this ordinance and received no response. Mrs. Riscoe moved to adopt proposed Ordinance No. 79-12 on second reading, seconded by Mr. Strnad. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Strnad - Aye Vice Mayor Riscoe - Aye Councilman Roberts - Aye Mayor Harmening - Aye Motion carried 4-0. Proposed Ordinance No. 79-!3 - Re: Amending that Paragraph of Section 1, of City Zoning Regulations Defining the Term ~'Family'~ Mr. Vance read proposed Ordinance No. 79-13 by title on second reading. Mayor Harmenin~ asked if anyone in the audience wished uo speak in favor of this ordinance and received no response. He asked if anyone in the audience wished To speak in opposition to this ordinance and received no response. Mr. Strnad moved for adoption of Ordinance No. 79-13 on second reading, seconded by Mrs. Riseoe. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts - Aye Councilman Strand - Aye Vice Mayor Riseoe - Aye Mayor Harmening - Aye Motion carried 4-0. Discussion of the Forthcoming Ordinance for the Forthcoming Election Mrs. Riscoe questioned if an ordinance was gomng to become effective at our next meeting for t~e forthcoming election and Mr. Vance in- formed her that an ordinance is not necessary since a proclamation has been approved. Mrs. Riscoe read Section 141 of the Charter re- quiring an ordinance for all elections and Mr. Vance informed her this applies where you don~t have a charter provision which eonvrols. -4- MI~UTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1979 Mr. Vance continued that we have a charter provision which sca~es this in detail. Mrs. I~iscoe referred to a proclamation only necessitating one signature and Mr. Vance read Section 51 of the City Charter for clarification. Mrs. Risooe clarified that no ordinance is required and Mr. Vance agreed and stated we have charter provisions and ordi- nances in the code book regulating the conduct of elections. Ordinances - 1st Reading NONE Resolutions Proposed Resolution No. 79-S - Re: Requesting ~hat the State of Florida Transfer Ownership ~f Certain Surplus Rights-of-Way on 1-95 to the City of Boynton Beach fom Use in Conjunction with Citv~s Existing Fresh Water Facilities Mr. Vance read proposed Resolution No. 79-S by title. Mr. Roberts moved the adoption of Resolution No. Riscoe. tion as 79-S, seecnded by Mrs. No discussion. Mrs. Padgett took a roll call vo~e on the mo- ~ollows: Councilman Roberts - Aye Couneilman Strnad - Aye Vice Mayor Riscoe - Aye Mayor Harmening - Aye Motion carried 4-0. Other Discuss Responsibilities of Public Officers - Councilman Roberts Mr. Roberts referred Eo this not being a new item and seated he would like to attempt To promote some order to abide by the rules of proce- dure and the charter provisions which he has mentioned several times. One Council member improperly handled an interrogation of a legal building permit and submitted ordinances drafted by himself. Other Council members investigated into the police. This was all done with- out Couneil approval. These members still act in an autonomous manner and have met with the City Manager to discuss future actions. Mr. Roberts then stated he would like to challenge a statement made by Mrs. Tinker in a memo To the Buildino Official. He read s portion of this memo referring to the Council not being involved in the admini- stration of this City according To the Charter. He questions who else but the Council should be invol~ed? Why shouldn't a department head be able to appeal to the City Council? When an Acting City Manager may be exceeding her lim/ts of authority~ what do zument forbids the Council from being involved? He then read Section 49 for clarifica- tion. He also requestsd that statements to the press regarding b/s close association with Mrs. Detwiler be restricted To fact. -5- MINUTES - REGULAR 2IT¥ COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1979 In reply~ Mrs. Tinker referred To a memo dated March 1~ 1978, from Councilman David Roberts to Mayor Emily Jackson and read the excerpt: "However, I have been made aware of some overzealous activity 'and would hope all are familiar with Section 49 of the Charter with regards to Administration. The final paragraph says ' ..... we'shall deal with city officers and employees who are subjeet to the direction and supervision of the City Manager solely through the Manager and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.:T She then read paragraphs (b) and of Section 49 of the City Charter. In reply to Mr. Roberts, Mayor Jackson wrote a memo and the one paragraph states: "The other thing is that we must remember we set the policy, and the City Manager carries it out. Therefore, we will never interfere with the personnel or any other thing that rightfully is the City Manager?s job. This will pre- vent trouble.~ Mr. Roberts s~ted he mentioned Section 49 in this memo and brought it To the attention of the Council because of a member going into depart- ments and interfering. However, Mrs. Tinker's statement was that the Council not be involved with the administration of the City and that is the job of the City Council. The employees are under the City Manager. What do we need a City Council for if we are not involved with admini- stration?of the City?* *See minutes 4/17/79 PUBLIC HEARING - 8:00 P. M. Abandonment Request Applicant: Location: Use: C. Herbert Cornell (A. R. Gregory, Trustee) S. W. 5~d Street, 285T South of Woolbright Road Multi-Family Units Mavor Harmening stated the Planning g Zoning Board after condueting a Publie Hearing au their March 27~ 1979, meeting unanimously recommended the abandonment request submitted by A. R. Gregory, Trustee for C. Herbert Cornell be denied, citing a need To retain S. W. 3rd Street for access to the City Park and for utility purposes. The motion to deny was made by Mr. Ryder and seconded by Mr. Johnson. The legal description and prints showing the location of the proposed abandonment have been submitted.and also an excerpt from the Planning g Zoning Board meeting minutes. He asked if the applicant or trustee was present and re2eived no response. He asked Mrs. Padgett if anyone had asked to speak and Mrs. Padgett replied there were no requests. Mrs. RIscoe referred to the Planning $ Zoning Board's reeommendation and moved to deny this applicant's request on this particular property~ seconded by Mr. Strnad. Mayor Harmening asked if anyone in the audi- ence wished to speak in favor of this abandonment and received no response. He asked if anyone was opposed to this abandonment and re- ceived no response. As requested, Mrs. Padgett took a roll call vote on this motion as follows: -6- MINUTES - REGULAR CITY COUNCIL MEETING BO~NTON BEACH, FLORIDA APRIL 3, 1979 Councilman Strnad - Aye Vice Mayor P~scoe - Aye Councilman Roberts - Aye Mayom Harmening - Aye Motion carried 4-0. Rezoning Requests Applicant: Location: Use: Request: Paul M. Plunkett (Reed $ Matavasi, Agents) West of South Congress Avenue, South of Lake Worth Drainage District Canal L-28 and North of S. W. 50th Avenue Office Building Complex Rezone from M-1 To C-1 Mavor Harmening asked if anyone wished to speak in favor of this rezon- lng requesT. Mr. Larry Wolk, 1422 Oxford Lane~ stated he was in favor of getting some stores and office buildings in this area. There is not anything in this area for shopping purposes. He would also like to have office buildings and stores rather than industrial development. Mr. Bob Reed, Attorney represqnting Mr. Paul Plunkett, referred To two rezoning applications being submitted and explained the first request was Eo rezone a a~ acre parcel from M-1 to C-1 office and professional use and the second application relates To a 7~ acre parcel to rezone from M-1 industrial to a proposed C-5 community com- mercial district. He explained the location being south of the L-28 Canal separating the parcel from the Golfview Harbour Townhouse Develop- ment, ~es~ of the Lowson Industrial Park, and east of Hunter's Run. This property was zoned M-1 for many years, but this zoning is outdated to front on Congress Avenue. With rapid development of the western parts of the City in a residential mode~ it has made it necessary to buffer the residential usage to the west of Congress Avenue and to the north with a commercial district to separate the industrial. They feel such buffering is more compatible planning. He referred to the permitted uses in industrial and explained how they thought these would be more obnoxious to residential areas than commercial uses. They feel the present zoning of this property in the industrial status is ncc in keeping with the proposed comprehensive plan in that there is a potential land use conflict any time you have industrial abuttin~ residentially zoned areas. The land use plan encourages buffering ~o eliminate this conflict. On page t0 of the comprehensive plan~ it lists objectives and one is to eliminate existing potential land use conflicts and encourage commercial where accessibility is ~reatest. They feel this property is appropriate with being located on a major roadway. In addition, it has been argued that the City has a scarcity of industrial zoned property and he read from Page 78 of the plan stating the fact the City has over 460 industrial zoned land acres well located, but less than 20% of this area is currently developed. -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA APRIL 3~ 1979 Mr. Reed continued that although approximately 12~ of the CityTs total land is zoned commereial~ the comprehensive plan speaks in terms of most of this eommercial ~and having been zoned inedequately to serve the needs of the residents. They feel this should be zoned commercial Eo mee~ the needs of the residents in that area. He believes there is a commercial district on the west side of Congress Avenue To the south of this property, but other than that, he doesnTt believe there is any commercially zoned property on Congress Avenue from Golf Road to Lake Ida Road. He referred to the residents living in this area now and stated the potential residential users muse also be considered. Mr. Reed stated it has been mentioned light industrial might be pre- ferable on Congress Avenue, but explained how the City code does not designate between light and heavy industrial. It has also been men- tioned if the City permits this application~ it would open the flood gates and every land developer owning properEy frontin~ on Congress Avenue would rush in here with an application~ but this is a unique and distinct situation with the request being to rezone Eo co~nercial from industrial whereas most developers are asking to have residential property rezoned to commercial. This is a request to upgrade the zon- ing classification. Mr. Malavasi then came before the Council and advised that he prepared the plans on the technical aspects and would be glad vo answer any questions. Mr. Roberts asked if the entrance to this property was also the entrance to the school and Mr. Malavasi replied affirmatively. Mr. Roberts asked if the City has right-of-way and Mr. Malavasi re- plied affirmatively and pointed out there was 80? right-of-way in the center which was donated by the owner of the land applying for this rezoning. Mr. Roberts questioned if there was no commercial on this section of Congress Avenue and Mr. Reed replied that he understands there is a parcel on the wesr side of Congress Avenue just to the south. Mr. Annunziaro added that it is a 50 acre parcel. Mr. Reed added that ro the north there is C-3 zoning for the 500 room motel. Mayor Narmening referred ~o there being more eo~ercial zoning ~o the north and Mr. Reed agreed as he understands there is some at the intersection of Woolbright Road and Congress Avenue. Mr. Menendez explained the schematic land use plan for these two commercial parcels. Mayor Harmening asked if anyone in the audience wished ~o speak in opposition to this rezonin~ request. Mr. Bob Guzauskas~ a resident of Golfview Harbour, asked what is going to happen ~o the other pro- perry along Congress A~enue? There will be a deluge of owners peti- tioning for commercial with the area developing into a mesidential community. The applicants have mentioned a need for commercial use, but tenants are vacating the Lake Ids Medical Center and there are vacant stores still at the shopping center further north on Congress Avenue. If this is rezoned~ it may break the dam which has existed. It has never been developed being zoned industriml, but empty land is nice to lock a~. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3~ 1979 Mr. Roberts referred To the Planninc S Zoning Board having a split vote on this matter and requested the City Planner to make some comments in relation to this request. Mr. Annunziato stated the Planning g Zoning Board voted 4-5 to vote in favor of both rezoning requests. He referred to time and money being spent on the comprehensive plan and explained that a strong feature considered was the recommendation for along Con- grass Avenue. The plan shows Congress Avenue having logically located eommercial and residential. Approximately three weeks ago~ the Local Planning Agency approved the elements of the comprehensive plan which included this land to be industrial. These two requests do not meet the criteria in the plan not being located at intersections. This would result in a dangerous traffie situation with school buses and traffic from South Teeh exiting. According to surveya~ approximately twelve times as much traffic would result if these two properties are rezoned commercially. Also, rezoning from industrial to commercial would result in the loss of M-1 lands. M-1 land means jobs for the community. There ia a park and school in this area. There is land adequately zoned ~ommercial and within one mile~ there are approxi- mately 67 acres zoned commercial with approximately 4 To S acres de- veloped. At $ 20% development rate, there would be 600~000 square feet of eommercial floor area in one mile. Such a commercial parcel would be obnoxious with being a strip, causing traffic problems, the aesthetic view nov being the best, etc. Most important, it is not eon- sisTenT with the Local Planning AgeneyTs recommendation. Dhe approval of these requests will result in additional rezoning requests. This is not different from other locations on Congress Avenue and one developer has indicated he would be interested! in having his land zoned on Congress Avenue as commercial. He recommends these two requests be denied. Mr. Roberts asked if he thought it may wind up as a second U. S. 1 and Mr. Annunziato replied affirmatively. Mr. Roberts added that plans for development of the commercial area across the street for Hunter's Run have been approved and Mr. Annunziato agreed and added that he thinks we have reached the point of over-kill in this area from a planning viewpoint. Mavor Harmening referred to the Planning g Zoning Board recommending both requests by a 4-~ vote: but stated his personal feelings are somewhat similar to the City Planner. He does believe it would open the flood gates to a large number of new applicants for commercially zoned property along Congress Avenue. He thinks it would result in a strip commercial zone comparable to U. S. 1 or Congress Avenue in Lake Worth. Mrs. Riscoe made a motion to deny this request from M-1 to C-1 for Mr. Paul M. Plunkett, seconded by Mr. Roberts. ~nder discussion~ Mrs. ~iscoe referred to a lot of time and effort having been put into the comprehensive land use plan and stated if we start breaking it down ~ow~ ~e will be opening a pandora's box. The plan has been designed for us and is to our advantage. Mr. Strnad referred to the fumes -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1979 from industrial and stated he thought fumes from the commercial uses would be preferable if any. Also~ as far as comparing this with U. S. !, he thinks that is a boom to the City. Mayor Harmening replied that there can be obnoxious odors from some of the commercial uses. As requested/ Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts - Aye Councilman Strnad - Aye Vice Mayor Riscoe - Aye Mayor Harmening - Aye MOtion carried 4-0. Applicant: Location: Use: . Request: Paul M. Plunkett (Reed & Malavasi, Agents) West of South Congress Avenue~ South of Lake Worth Drainage District Canal L-28 and North of S. W. 30th Avenue Shopping Center~ Open Mall Type Rezone from M-1 to Mr. Roberts moved to reject this request for rezoning from M-1 to C-3~ seconded by Mrs. Riscoe. No discussion. As requested, Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Riscoe - Aye Councilman Strnad - Aye Councilman Roberts - Aye Mayor Harme_~ing - Aye Motion carried 4-0. SITE DEVELOPMENT PLANS Applicant: Location: Use: Bethesda Memorial Hospital 2815 South Seacrest Boulevard Replacement Dietary Addition Mayor Harmening asked if anyone in the audience wished to present any material in regard to this site development plan and received no re- sponse. He stated the Planning & Zoning Board~ at their regular meet- ing of March 27, 1979, unanimously recommended that this site ~evelop- ment plan be approved subject to the submission of paving and drainage pla~s with computations. They further recommended approval of the height exception for the elevator shaft as provided for in Section 4-P of the Zoning Code. Mrs. Riscoe referred to attending the Planning & Zoning Board meeting and explained this construction will not add cars to the roadways or parking areas, but is moving the present situation to another situa- tion which will be more spacious. -10- MINUTES - REGUL~ CITY COUNCIL MEETING BOYNTON BEACH, PLOP/DA APRIL 3, 1979 Mrs. Riscoe moved to accept this site development plan for Bethesda Memorial Hospital, seconded by Mr. Strnad. Mr. Vance referred to the staff recommendations and Mrs. RIscoe included these in her motion. Mayor Harmening clarified it was moved and seconded to approve the site development plan for Bethesda Memorial Hospital for this addition subject to the staff recommendations. Motion carried 4-0. Mr. Annunziato referred to the height exception and Mayor Harmening stated the Planning & Zoning Board granted an exception to the 45 ft. height limitation for the elevator shaft. Mr. Roberts moved to recom- mend approval of the height exception for the elevator shaft as pro- vided in Section 4-F of the zoning code~ seconded by Mrs. P/scoe. No discussion. Motion carried 4-0. At this time, Mayor Harmening called a three minute recess end then reconvened the meeting~at 8:50 P. M. Applicant: Location: Use: Charles L. Leemon~ III S.E. Corner of 1-95 and N.W. 2nd Avenue Holiday Inn Motel, Accessory Commercial Building~ Pool and Parking Area Mayor Harmening asked if someone in the audience wished to make a pre- sentation on this site development plan and Mr. Charles Leemon came before the Council and stated if there were any questions~ two me, ers of his staff and his counsel are present. Mr. Roberts stated he would like a review of the plan and Mr. Annunziato posted it for the Council members to see and explained the location and access to the property. He explained that ~wo buildings are planned ~with a four story building~ 34' high housing the motel units~ and a two story commercial building with parking underneath. Mr. Annunziato advised that the plan has been reviewed by the Planning $ Zoning Board and staff. He referred to the staff comments and read Mr. Howell~s comments that on-site water retainage is not shown~ paving elevation is not indicated, handicap parl</ng must be adjacent to the building, handicap entrance not shown on the motel buildings, and if not permitted by March 15, it must meet the energy code. The City iEngineer noted that it is subject to submission of paving and drainage iplans. The Acting Utility Director has noted on the water main reloc~ tion, the City requires a 20T easement and detailed plans are required ~on relocation. He added when this was rezoned and streets abandoned~ certain City utilities had to be relocated. The Public Works Dept. has requested the canopy be eliminated over the driveway so there is ~no interference with the trucks emptying the dumpster. He has com- mented that all parking is to be a minimum of 65t for 90° parking and ~additionaT right-o£-way on 1st Avenue is to be dedicated. The staff ~comments are to approve the plan subject to the recommendations. -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP~IDA APRIL 3, 1979 Mr. Leemon stated that he understands from the planners and architect that the items mentioned have been corrected with the exception of the canopy. Because of rainy weather, they would like to relocate the dumpeter and retain the canopy for people to unlead in inelement weather. MayorcHammening replied that it should nov present any problem to relo- cate the dumps~er and should be acceptable. Mr. Leemon continued that he does non have any objections to the recommendations sad has corrected most and will follow the directives. Mr. Roberts asked if they have gotten permission from the State for a curb cut and stacking lane at this entrance and Mr. Leemon replied the distance from the intersection is quite a distance ~nd have received approval from D.O.T. as long as they stay beyond the right-of-way fence. D.O.T. cot%ld foresee no problem especially since their traffic is generated other than during the heavy traffic hours. Mr. Vance clarified that the applicant is agreeable to comply with all the staff recommendations listed and Mr. Leemon replied affirmatively with the~ex~eptiom%.~ of the canopy which they would like To retain. Mayor Hammening added that it would pose no problem with relocating the dumpster. Mr. Roberts referred to questioning the litigation at the last meeting and Mr. Vance clarified that we have e suit presently pending regarding rezoning; however, the developer has no5 been made a party and no in- junction has been issued and we are presently defending the suit. The developer is aware we are defending the suit and if he wishes to proceed, he has the privilege as he has the zoning. Mr. Strnad asked if there is enough room to move the dumpster to another location where it would be feasible To pick it up and Mr. Leemon replied that he has talked To his architect and has been assured there are two other sites. Mr. Strnad stated he would like the Sanitation DepT. To okay the alternate site. He added there muss be room for the truck To turn around. Mr. Leemon stated he will confer with the Sanitation Dept. and the architect To make sure it is a proper location. Mr. Roberts referred to voting against the original plan because he felt it was spot zoning and he is not in favor of this project,, but the site plan is good. Mayor Harmening clarified that the owner of the property does have the zoning to build this facility. At this point in time~ the zoning is no longer under consideration. The zoning is applicable for this proposal. We are now asked To consider the site plan which is not zoning. We only have one thing to consider and this is the site plan. Mr. Vance agreed and stated the matter before the Council tonight is to either approve or disapprove the site plan presented. The zoning is not before the Council tonight; the zoning was decided at an earlier date. The site plan is presented based upon the existing zoning. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1979 Mr. Strnad referred to being in the rental business and told about there being a 9meat need for more motel space within the Gity of Boynton Beach. He thinks a pro, eot like this w~l be a great asset to Boynton Beach, although he would rather see something like this on H. S. 1. Mr. Strnad moved to accept this site plan subject to all staff recom- mendations. Mayor Harmeming ascertained there was no second and turned the gavel over to Vice Mavor Riscoe to second the motion. As requested~ Mrs. Padgett then took a roll call vote on the motion as follows: Councilman Strnad - Vice Mayor Riscoe - CounciLman Roberts - Mayor Harmenin~ - No Aye, in view of the fact the site plan is acceptable and he is nov supposed ~o vote on the zoning, but he is doing so against his better judgment. Aye Motion carried 3-1. OLD BUSINESS Review and Discussion of Proposed Sign Ordinance (Tabled) Mr. Strnad moved to take this from the table, seconded by Mrs. Riscoe. Motion carried 4-0. Mr. Vance ascertained the members of the Council had not received a copy of the memo dated March 29 from Mr. Howell proposing an addition referring to situationswhere the permit may be cancelled. He read the proposed additional paragraph. Mayor Harmening suggested the ordinance could be passed on first reading as corrected with the in- sertion of Section 24-7(3). Mr. Strnad referred to there being a directive about ten years ago that all non-conforming signs within the City must either be removed or corrected after the ten year period and he requested Mr. Keehr to advise whether this had taken place. Mr. Keehr replied negatively and advised this matter was discussed with Mr. Howell and Mr. Annun- ziato, but he doesnTt recall the actual results of that discussion. Mayor Harmening stated he believes the sign ordinance was passed four or five years ago and people with non-conforming signs still have approximately five years to comply. Mr. Strnad staEed the previous sign ordinance was prepared by the business members in the City, the Building DepartmenE and Planner and he knows it specifically said if a sign was non-confozzming~ it must be removed or changed and he thinks the ten years is up. Would the new sign ordinance negate the previous sign ordinance giving ten years and Mr. Keehr replied negatively as the new sign ordinance eliminate~ that portion of the ordinance; there is nothing in the sign ordinance stating non-conforming signs muse 2omply. -13 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, PLORIDA APRIL 3~ 1979 There is the possibility some are non-conforming in size, but the structures conform. He does not have the answer regarding the grand- father situations but will get an answer for him. Mr. Strnad referred to yellow sections being marked in the ordinance and questioned the advantages of deleting these sentences and sections and Mr. Vance clarified that these are not deletions, but highligbt the modifications. Mr. Keehr explained how changes were made for clarifi- cation purposes and in some cases to actually a~dress zones which were not addressed before such as C-3 and C-4 and eliminate ~nd decrease the signs which were too large and add certain signs for hardship situations. There have been constant requests made to the Appeals Board for signs on the side of a building. The ordinance was discussed at length To- gether with reviewing sign ordihances from other communities. The proposed ordinance was done for clarification. Mayor Harmening asked if the Council could limit the grandfather basis to a certain period of time and Mr. Vance replied there has been sub- stantial litigation around the 2ountry involving sign codes. It is one of the few areas where the 2ourts have decided to go for aesthetic zoning. Because of so much litigation, he would rather do some re- search regarding elimination of the existing non-conforming signs rather than attempt to answer on the spur of the moment. It is a complex situation. Mr. Keehr added that possibly this clause was eliminated because other townships have deleted it because of court actions. Mr. Roberts pointed out that Section 24-18 on Page 14 referred to non-conforming signs. Mr. Strnad told about having a non-conforming sign since 1961 and stated it is a matter of time we are talking about and when the non-conforming signs must be removed or changed to conform. Vance suggested that perhaps a more detailed staff report might be helpful in evaluating this particular ordinance. Mr. Roberts sug- gested giving further eonsideration to the section he referred and possibly add something to take care of the non-conforming signs and allowin~ the balance of the ten year period. Mrs. Riscoe referred to possibly having To rescind Omdinance No. 78-45 and Mavor Harmeninc replied tha~ a repealer clause is included. Mr. Roberts moved to put this back on the table: seconded by Mrs. Riseoe. Mayor ~armening added that this mi[hr be the best approach until receiving more staff input of the specifics. He wants to be sure we are eliminatin~ the problems. A great deal of time and re- search is needed vo analyse this. We almost have to be familiar with existing signs and even conceivably what is planned by people to know how it would affect certain portential proposed uses. Motion carried 4-0. -14- MINUTES ~ REGULAR CITY COUNCIL MEETING APRIL 3, 1979 BOYNTON BEACH, FLORIDA Consider Re-allocation of Federal Revenue Sharing Funds (Priority Requests from Department Heads) Vice Mayor Betty Riscoe Mms. Riscoe referred to having her request from the last Council meeting typed and subm/tted ye the Council members for considera- tion and stated these are necessities requested by the department heads. She finds there are no duplications whatsoever with the Anti- Recession Funds. Ail these requests are pem the department heads' needs and priorities. These are definite needs for services throughout the City. This is the money alloeated for the 55 acres. We also have a submittal tO consider from Mm. Frederick regarding the 55 acres to do in phases. She agrees the money is gathering interest, but these things are needed. She told about the ambulance not being able to answer a call. She feels these are high priorities for the entire City. These are very valid and she requesvs thought be given to these needs. Mayor Harmening referred to %-~o items in the pmoposa! being proceeded with since the 2ouncil directed the City Manager to do so. In refer- ence to the requests from General Services, while some are valid re- quests~ we just recently did order nwo new commercial packers. He went over the equipment with the Direetor of General Services and it was certainly no question the packers were definitely high priority, but several tkings he alluded that he would like to have but he agreed he could work with mosE of what he has for some period of time if funds are not available. He explained how department heads usually load their requests in anticipation of the amount being knocked down and having to fight for those items they need desperately. To spend this much money would practically be renewing a large portion of General Services. We direeted the City Manager to move on obtaining bids for the ambulance and police cruisers. Mrs. Tinker replied that we only got two cruisers and the Police Dept. requested eight~and approval was not given for the ambulance. Mayor Harmening referred to instructing the City Manager to bring the paramedics up to State standards and Mrs. Riscoe agreed, but advised this regamdedqdoetors and insurance. Mayor Harmening stated it was in regard to every~ing and Mrs. Tinker replied that she didn't believe an ambulance was in- eluded. The Council went along with schooling and insurance, but there was no mention of an-additional ambulance or equipment for same. Mayor Harmening replied that he believes the specifications were not spelled out, but from all comments and the direction of the Council, the City Manager was to proceed on this matter and bring this up to standards. Mrs. Riscoe refemred to the delivery period for these items and stated she didn't think any of these things are out of our realm of think/ng. She does not recall approving an ambulanee~ but did approve insuranee and schooling. We did not go into the specifics as far as an ambulanee and equipment. This is definitely the highest priority. Also, she understands that no cruisers were budgeted last year. Mr. Sullivan informed her that last year~ we purchased eight new cruisers and this year, we purehased four. The detective units have not been replaced. Mayor Harmening questioned the number needed and Mrs. Riscoe suggested four would be sufficient to the two allocated just recently and Mr. Sullivan agreed this would be satisfactory. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA APRIL 3, 1979 Mr. Roberts referred to just receiving the audit report and stated there seems to be a surplus in excess of $580,000 and Mrs. Tinker agreed and advised that it is $671,000 and also an additional $177,000 of Revenue Sharing Funds to be allocated with a time limit. Mr. Roberts continued that everyone seems To want to grab this $228~000 and altogether it is a good total. Mrs. Riscoe replied that she does not care where the money comes from, but thinks the necessities should be taken care of. At the time she prepared this proposal, the budget -surplus was non in. She added that we should keep so much money in the bank for emergency purposes, between $300,000 and g400,000. Mr. Roberts stated that $228,000 was allocated for this particular project and there is no reason why some of the improvements should not be made. He believes there is enough money for the road and parking ares so it nan be used. He suggests this amount be left for that and we proceed with the unappropriated surplus and the rest can be con- sidered at budget time. Mr. Strnad stated he cannot understand why we should keep the $228,000 in the bank. Every day we delay purchasing equipment~ the price is going up more than the interest we are getting on the money. He thinks the need is here vo gev more packers the way the City is growing. He then questioned the time wait to receive delivery of a packer and Mr. Sullivan replied that it takes nine to twelve months for delivery unless there is a demonstrator available. He added that we were fortunate to get delivery immediately on Two packers in February sinoe another city cancelled their order. Mr. Strnad stressed that we must ~et the equipment needed to run the City properly. Mr. Roberts clarified that he was nov against purchasing the needed equip- ment, but thinks the $228,000 should be used for what it was intended for. Mrs. Riseoe questioned what it was intended for and Mr. Roberts replied for the development of the recreation area. Mr. Strnad referred To the Recreation Director submitting a recommenda- tion on how To develop the park and stated every other city has gotten things from the 2ounty free. We have not gotten anythin~ except the 55 acres. We will have To maintain it, etc. If we take County funds, it will be open to everyone in the County. We will be paying for every- body in the County. Mayor Harmening told about most of the recreation facilities in the County being open to the public. As mentioned previously, he has received assurances there will be considerable funds forthcoming from the County for cooperative development of the 55 acre tract plus the acres across the road. Mr. Dance and Mr. Frederick have gotten together on this and have come up with a proposal and he would like to see where it leads. If it is agreeable to the citizens of Boynton Beach and the County is willing to participate~ we will need money to pay our share and he thinks we should keep this available until we find out how it is going to go. This is only in reference to the $228,000. We do have to put the road in and have to put it in this -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA APRIL 3, 1979 year as that was part o£ the agreement. We also have to put in utili- ties. These are basic and fairly expensive. In addition to that, the development which may ge~ started later this year will cost some money. We do have funds for the purchase of other needed equipment. There are surplus funds in the budget and only a budget transfer is required. He is willin~ to go along with any reasonable requests from the depart- ments for new and additional equipment. However he questions the re- quest from General Services for S450,000 and Mrs. Tinker disagreed with that amount and advised the total request was ~162,000. Mayor Harmening stated the one he received was considerably in excess of that and Mr. Roberts added that the total request was $300,000. Mrs. Riscoe stated she was just asking for a mere pittance to distri- bute to all departments. Mrs. Tinker clarified that they were talking about the allocation of Federal Revenue Funds, specifically $228,000 for the sports complex. We do have a recommendation from Mr. Frederick: but must keep in mind these Federal Revenue Sharing Funds must be used. We have $1637000 in Federal Revenue Sharing Funds which must be allocated in the budgeT. Mayor Harmening questioned the cutoff date and Mrs. Tinker replied that it is the end of the fiscal year. She clarified that $163,000 is presently in the budget. Mrs. Riscoe moved To instruct the City Manager_ To follow the request for re-allocation with a public hearing for the Federal Revenue Funds~ seconded by Mr. Strnad. Under discussion, Mr. Roberts staved we have not given the Recreation Direcnor a chance to talk about this and he will not move those funds until he hears from him and there is plenty of money available to take care of the real needs. Mr. Strnad replied that we can forget the ~228~000 and use other money and Mr. Roberts stated this is what he was in favor of. Mr. Strnad continued that we should get what we need with the money we have as he does Dot want to lose the money by not spending it. Mr. Roberts stated the $228,000 could be held over. A vote was then taken and the motion lost with a vote of 2-2 with Mr. Strnad and Mrs. Riscoe voting in favor and Mr. Roberts and Mayor Harmening voting against. Mayor. Harmening referred to getting some of the more critical needs and suggested requesting the City Manager to come back with a depart- ment by department request on a very high priority basis. He thinks everyone should have the opportunity to completely review the nature of these requests. He thinks there might be a favorable vote to direct the City Manager to expend the necessary funds to bring the EMS service up to full standard and if we are as critically short of.police cruis- ers, he sees no reason not to direct the City Manager to go out for bids for four new cars. Mr. Roberts questioned the need for a packer in General Services and Mayor Harmening replied that the commercial has been pretty well taken care of, but probably additional garbage dumpsters are needed to supply the growing area. Possibly there is at least one other packer in bad condition. -17- MINUTES - 'REGULAR CITY CO~INCIL MEETING BOYNTON BEACH: FLORIDA APRIL 3. 1979 Mr. Roberts moved to go out for bid for one garba%e packer. Mrs. R/scoe added that the City Manager should be instructed Eo obtain bids on an ambulance with equipment, four cruisers, one trash truck and 20 assorted sized dumpsEers. Mr. Vance questioned if these pur- chases are to be made out of the ~228,000 and Mayor Harmening replied negatively. Mr. Roberts clarified that his motion was to go ouE for bid on one heavy duty rear load packer; one ca~,chassis and scowbody; one ambu- lance with equipment; four police cruisers. Mayor Harmening suggested that the City Manager be asked to cheek witk other departments as we are lea~ing heavily towards three. Mrs. Tinker ~eplied that these are service deparuments and the other requests are minimal and the amounts can be transferred. Mrs. Tinker referred ro needing a sign van since the present one has 120,000 m/les on it. Mayor Harmening suggested that a vruck be as- signed from the Utilities DeparEment and added possibly a 1/2 or 3/a ton truck could be ordered for the Parks Department. Mr. Sullivan informed them that the truck for signs must be a van for the equip- ment and the Utilities Department does not have anything like that. Mayor Harmening suggested that a new van be ordered then if the present one is beyond repair. Mrs. Riscoe requested that the Library be given something and Mayor Harmening replied that at the presenE time, the Library is experi- encing a tremendous decline in readership due to the construction of Seaerest Blvd. Until we see exactly where we sEand~ he thinks we can hold off on this request due to the lack of circulation at the present time. Mrs. Tinker advised that the 10,000 gallon diesel tank is urgently needed im view of the anticipated shortage of gas. At the present time, we have a 1,500 gallon tank. Mayor Hammeninc referred to being on allocation at the present time based on the 1977 allocation and stated in the past, we had no problem getting deliver~ of the alloca- tion but it was cut short. Mrs. Padgett referred to needing money for the special election and Mayor Harmening agreed this is first priority. Mrs. Padgett con- tinued that about ~5~000 will be aeeded for the two elections. Mayor Harmening referred back ~o the additional storage facility for petroleum products and Mr. Strnad questioned whether it was really needed? Mr. Sullivan explained that the City is on allocation for regular and unleaded gas, but there is no lim/t on diesel fuel. I~ we had the larger tank~ it could be filled and if we are put on allo- cation~ we would have some reserve. He doesn't think we will use 10,000 gallons per month. Mavor Harmenin~ questioned the approximate cost including installation and Mr. Sullivan est/mated about S10~000. Mr. Strnad questioned whether it would be fiberglass or metal and Mr. Sullivan replied metal and explained that fiberglass is non feasible in the sandy soil. -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3~ 1979 Mr. Roberts stated the priorities needed should be obtained: a sign van, a heavy duty rear load packer~ a cab and chassis, a truck for the Parks Department, ambulance, and cruisers. His motion is to instruct the City Manager to go out for bid on these. Mrs. Riscoe then seconded the motion. Under discussion~ Mayor Hammening commented that there is a need for most of the items agreed to as the budget was cut thin last year to accommodate recreation. We are probably in the process of hir- ing a new City Manager and he does not think the budget should be stripped down. Let a City Manager come on board and hopefully have him recognize where the priorities exist. Mr. Vance clarified that the items to be obtained are: 107000 Gallon Diesel Tank Sign Van ! - ~ ton Truck for Parks Dept. ! - Heavy Duty Rear Load Packer 1 - Cab S Chassis to go with Seowbody 1 - Scowbody Trash Truck 20 - Assorted Dumpsters 1 - Ambulance with equipment 4 - Police Cruisers with sirens and emergency lights 2 - Elections ($5,000) Mr. Roberts agmeed and stated b_is motion is vo instruct the City Manager to go out for bids on the above items. Mr. Strnad questioned the dif- ference between this motion and the one Mrs. Riscoe made and Mr. Roberts replied that Mrs. Riscoe?s motion was to have the equipment paid for with the ~228,000. Motion carried 4-0. Request for a Fire Traffic Light at Sub-Fire Station on Congress and Main Fire Station on N. E. 2nd Avenue Mrs. Tinker referred to the Safety Board recommending these and advised that Mr. Clark looked into it and the cost will be S21,000. The City would have to pay for these lights and it would have to come out of surplus funds. Mr. Clark did contact the County Engineer's office and they have advised that the State Statutes require that the City pay for traffic signals within the City limits. However, the County could design them and have them installed at the City's ex- pense. The Safety Committee strongly recommended these lights be obtained because of an accident. Mr. Roberts added that these lights are designed to stop traffic when fire equipment enters the highway. Mrs. RIscoe moved to instruct the City Manager to proceed with the installation of a fire traffic light on Congress Avenue and at the main station behind City Ha!t~ seconded by Mr. Roberts. Under dis- cussion, Mayor Harmening commented that the traffic has increased tremendously on 2nd Avenue and he believes it is needed. Mrs. ~iscoe added that the traffic on Congress Avenue has also increased. Mayor Har~nening stated the sub-station has small activity, but it will soon be needed. Motion carried 4-0. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP/DA APRIL 3~ 1979 Consider Recommendation from Mr. Charles Frederick~ Recreation Director Re: Proposed Park Development Plan for 55 Acre Tract and 30 Aer~ Tract off Congress Avenue Mrs. Tinker started reading Mr. Frederick~s lengthy Park Development Plan and Mayor Harmening requested Mr. Frederick To just give a sum- mary of the proposal. Mr. Frederick stated his primary emphasis is because of the value of the property and the amount of money for development which could easily total over $2,000,000, that we definitely secure the service of a professional firm in the design of this project. Mayor Harmening referred to the County staff having this degree of ex- pertise and Mr. Frederick replied that he addressed this in his memo and has been in contact with Mr. Dance but has not received an answer. Mayor Hammeninq suggested that possibly the Council could get more definitive action from the County. Mr. Frederick stated it is diffi- cult to make a decision until we know what the County will do. Mayor Harmenin~ stated we will try to address this very shortly to determine the priority on this. Mr. Frederick referred to the four alternatives listed and stated this is critical To the approach we take in final form. Mr. Roberts asked if the County could use the additional eight acres for their own use and Mayor Harmening replied that the deed was supposed to have been signed: but it is being held in the County Attorneyts office. He believes it was turned over ~o the City, but the final disposition was held up. Mr. Roberts referred To the City being responsible for the utilities and Mr. Frederick agreed and stated regardless whether the County helps us or not, we will have to carry some load in this project. The $228~000 could be critical To the first phase development as that will be very expensive with supplying utilities and roads. His recommendation is to certainly hold that money. He added that he has carried over Federal Revenue Sharing funds in his budget. Also~ we still have 30 acres with 4~ years to develop. Mrs. Riseoe asked if he had been approached by the Y.M.C.A. and Mr. Frederi2k replied that he was approached once by the Program Super- visor of the Boca Raton Y.M.C.A. regarding the possibilities of the Y coming into Boynton Beach. Mrs. R/scoe suggested possibly we could lease !0 to 15 acres to the Y.M.C.A. on a long term basis. This would serve the youth in the commun/ty and possibly should be considered further. Mr. Roberts referred To the statements that we have To spend the ~228,000 and questioned what prevented us from tak/ng these funds and putting them into the Capital Improvement Funds? Mayor Harmening clarified that the thrust of this argument was to get the $228,000 out of Revenue Sharln~ money with re-advertising to put -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP~IDA APRIL'3, 197B the 55 acres on the back burner for the time being. Mr. Roberts referred to encumbering funds and Mrs. Tinker ~greed it can be en- cumbered~ but for no longer than a two year period. Mr. Frederick clarified that the $228,000 was budgeted for this year~ so it can be encumbered for next year and would be available until September 30~ 1980. Mr. Roberts moved to table this item until we have additional input from the County, seconded by Mrs. Riscoe. No discussion. Motion car- tied 4-0. Discuss Special Meeting of the Civil Service Appeals Board - Councilman Norman F. Strnad Mr. Strnad stated he attended the Civil Service Board meeting the other afternoon and he was appalled by the action of that Board. The first thing he heard when coming in was a certain Mr. Beane recommending an attorney named Thompson to investigate the complaints the Civil Service Board was asked to investigate. Mr. Thompson happends to be an attor- ney for two people on that Board. He doesn't know why out of hundreds of attorneys in Palm Beach County they picked Mr. Thompson, but they did. Further: they were supposed to investigate two different com- plaints and tried to lump them into one deal. One compaint was about the Acting City Manager and her actions, which in his opinion has nothing to do with the Civil Service Board. The complaint ~as based on memos sent out, which are the administrative affairs of the City Manager. This is the City Manager we appointed on January 2. The second-complaint was supposedly an investigation regarding a complaint from Sgt. Ferrell from the Police Department. If an investigation is wanted, there should be fu~_l cooperation and an investigation requested by the State and not within the confines of this City or County. He would say, at this time, any monies that would be requested to hire an attorney to investigate the charges which were made would not be ap- proved by him. Sgt. Robert Ferrell came before the Council and stated he has been with the Police Department for five years. Hp until today~ as far as he knows~ his record has been unblemished. During the last several months~ things have taken an interestinc turn in the Depart- ment and City with finding politics controls what goes on in the Police Department. He has made this public with a couple of formal complaihts to be fomwarded To the proper body because he felt that is the only way the proper actions will be taken. His one letter referred to the action to replace the Acting City Manager and he planned to speak au that meeting. How~ver~ he was offered job secur- ity if he did not speak a~ that meeting on Monday night. He was told no matter what happens, his ~sS?would be safe and he would have nothing ~o worry about if he didn't speak. His reply was that he is bi~ enough to take care of himself and he Was not afraid To speak up for what he thinks is right. This progressed on and on and is covered in his letters of complaint. However, the most recent is the action -21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1979 taken by the Civil Service Board. This Boamd is supposed to afford him the right uo a fair and impartial hearing with reference to his complaint or some kind of job action. This has turned into a joke. When he went to work the day after the meeting, he would say there was a ~eneral feeling of disgust other than those in the positions being attacked in reference to this. There was feelin~ of disgust and amazement among the officers in the Department tha~ the members of this Board, a couple who are extremely close friends To the p~ople the complaints are ~gain'st and also friends of the individual involved in the complaint about' the City Manager~ would actually appoint his attorney~to be a prosecutor in this case. He decided To speak to the 2ouneil if they want money to be paid for this. He will wait until January to see if we can ~et some people replaced on the Board and appoint some people with integrity. With his comp!aint~ he may as well allow the person wh~hecfiled the complaint against pass judg- ment on himself and dete~ine what kind of discipline would be war- ranted under these conditions. A section of the 2ity Charter calls for the disqualification of a member of the Board which is comparable To a member of the jury~ which doesn't take much. He thinks there is quite a Dit of doubt concerning a number of people on the Board. He doesnTt mean they should resign from the Board, but disqualify them- selves in this particular ease. Some officers of the Police Depart- ment will nor testify in front of the Board as it sits right now, He would like to have the Board set up more fairly and hire an attor- ney which does not ~epresent one of the people he would be complain- ~ng against. Mayor Harmening stated he doesn't believe he has heard anyone before make an attack on the C~vil Service Board. Many members have been on the Board for a eonslder~ble period of time and he suspects they do know many of the partici ~ants involved in this. He thinks if they were looking for an attorne~ qualifications, he thinks a~ an impartial attorney. He t Board would handle any comp[ covered by an investigation · and some people know attorneys and their selection could be made on that basis for .as every confidence that the Civil Service aints or charges brought before it or un- in a fair and impartial manner. In the past, the majority of the e~iisting Board~ in his opinion, has leaned over far backwards to be he] ~ful to members of the classified service of the City. The Board has taken a long and hard look at any charges brought by any one. He sees no basis for any complaints. Mr. Roberts referred To the Civil Service Board being a quasi-judicial body and questioned how we ~it into this picture and Mr. Vance replied that essentially the Board is a totally independent Board. It is de- signed to ru~ on complaints and violations of the Civil Service regu- lations. Mr. Roberts state~ it would not be proper for a member of the Council to ask them if they want To replace the attorney and Mr. Vance replied that is not t~e way the Civil Service Board is set up. Mrs. Tinker referred to the beginning of the year when she was appointed Acting Interim City Manager and asked if it wasn't s~aEed at that time that she had the authority to perform her duties as City Manager and Mr. Vance replied affirmatively. Mrs. Tinker stated then she would -22- MINUTES - REGULAR 2ITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA APRIL 3, 1979 like to know why an investiffation i~ going to transpire due to the memo she sent to department heads questioning about their acEiv~ties and why this is coming before the Civil Service Board? Mr. Vance referred to not being a member of the 'CiVil Service Board, but presumably they felt complaints involving classified service had been brought to their attention. Mrs. Tinker continued that there were complaints specifi- ea!ly about the classified semvice and eharges are brought against her and she is not the person who violated Civil'Service. In the ease of Lee Thompson being appointed by the Civil Service Board~ he is very friendly with one of the gentlemen.~gt. Ferrellis going to object to. The attorney who serves at the pleasure of the Civil Service Board dis- qualified himself on the basis that he is a friend of hers. She may ask him to' rescind his disqualification and semve on that Board. Mayor Harmening stated he thinks Mrs.- Tinker'is overlooking a germane point. It is within the purview of the Civil Service Board who they hire as an attorney. The fact they have used one ~attorney for two ~o three years does not mean this attorney has to represent them or has some special relation with the Board. Mrs. Tinker clarified that the relation pertained to her. She added if we are going to place an attorney on that Board friendly with persons involved~ she would rather have her friend serve. Mayor Har~nenin? stated this is within the purview of the Civil Service Board. Hrs. Tinker asked if these two investigations are going to run concurrently and Mayor Hammening replied that he has no idea. He has not discussed the matter with the members of the Board. He does not know how they propose 5o handle it or how their attorney will handle it. Mrs. Tinker referred to him sending a recommendation to the Civil Service Board and asked if they didnTt tell him how they were going to pursue it and Mayor Harmening replied negatively~ that he just forwarded the memos with his very brief comments. Mr. Strnad asked if Mayor Hammeninq had asked for an investigation of himself with the eonversation he had for 45 minutes on March 2 with the Licensing Officer withou5 pemmission of the City Manager? Isn't permission necessary to talk to a department head? Mayor Hammening replied that sometime back~ there was an ordinance pending to transfer the license branch from the Building Department to the Office of the City Manager. Since he never met this lady~ he thought it would be wise to mee~ her and see whether she was capable of hand- ling the job. He stopped by and introduced himself and talked to her close to a half hour. Mr. Strnad replied that this is not the story he got from her. Mrs. Riscoe stated as far as the Civil Service Board is concerned, she thinks eventually this will all be ironed out. Each case will be judged by its own merit. The only thing she is taking exception to~ per the March 14 minutes~ is the fact they sit and discuss the elections forthcoming, how the City Council should appoint the next high yore getver: etc. She thinks this has no pertinency with the Civil Service Board of Appeals. It does no5 come under the purpose -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1979 of what they are serving for. Mayor Harmening replied that everyone seems to be discussing the CityTs interest and he sees no harm that they are. Mrs. Riscoe stated this is the only Board she has heard it from. Mayor Harmening referred to attending numerous Board meetings during the pasE six years and often times, he has heard the political climate of the City discussed, but not as a formal agenda item. Most of the work conducted by the City Boards is mostly informal. The mem- bers sit around after meetings and have conversations. If this is some sort of prohibitive topic for discussion, perhaps we should in- struct them all that under no circumstances are they ever To sit in judgment or discuss politiea! matters of the City because it might bring them in ill repute in some eyes; of course, he would have to dissent. He referred to spending an undue ten,th of time on this and suggested moving on. Consider Change Order - 1-95 Strip Park Mrs. Tinker referred to Mr. Clark submittid~ a ~emo asking for a change order to be approved by the Council ~i~h the MayorTs signa- ture required and advised the new contract price is $6,928.80 below the ori~Q-inal engineering estimate. It is recommended this change order be approved by Mr. Clark. Mr. Roberts questioned the location oS this park and Mayor Harmening infommed him that it is just below the canal on the west side of 1-95 at the old cemetery. Mrs. ~/scoe questioned how such a large amount could be overlooked and stated they signed the contract and obviously according to the contract, they knew exactly what they were getting into. Mrs. Tinker read the justification that the eonEractor, through his own error, had not included the cost of providing an asphalt surface To the park path in his original proposal and this oversight was de- tected after he si~ned the contract. It is the opinion Of the City Engineer and Palm Beach County Community Development that this was an honest oversight and that the contractor is entitled to the additional $1,433.00. Mr. Clark added that the reason it was obvious mistake was the bid was so low. Bids could not be obtained when we originally advertised and this had to be negotiated. In negotiations, sometimes there are misunderstandings. Mrs. Riscoe stated that others submit- ting a higher bid may have lost ouE on the job and Mr. Clark clari- fied that this was not bid but was negotiated. Mayor Hammening stated he is sure we could legally hold the man vo the terms and conditions of the contract; but if we ever go out for bids again, the bids will be high or this contractor will not bid. Also, the other contractors bidding will remember our position and bid ~ceordingly. The best long term solution would be to approve the change order. Mr. Roberts moved to approve this additional amount oS money of $1:433.00 on this particular item. Mayor Harmening ascertained there was no second and passed the gavel to the Vice Mayor to second the motion. Under discussion, Mayor Harmenin~ stated this MINUTES - REGULAR CITY COllNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 5, 1979 is a recommendation of the staff and asked if additional information was required? Mr. Roberts asked if this project had been started and Mrs. Tinker replied affiz~fatively. Mr. Roberts clarified that it is the opinion of the City Engineer and Palm Beach County Community Deve- lopment that this was an honest oversight and the contractor is entit- led to this. Mrs. P/scoa referred to this being a matter of negotia- tion and stated if we did not negotiate, we would not be stuck with this Situation. She reluctantly will vote on a moral basis in favor, but did not feel right to second the mo~ion. ItTs getting to the point where we are afraid of getting stuck with all these people. This was possibly an oversight~ but why are we always recipients of negotiated oversights? Mr. Clark replied that this is eot a unique problem and explained that contractors are reluctant ~o bid on small jobs and federally funded jobs and this is not like s regular contract. Nego- tiation is used as an attempt to save the City moneywhen the bids are too high. Mayor Har~nening asked if the 2ity Mahager concurred with this change order and Mrs. Tinker replied affirmatively as the job is almost completed and she thinks we should pay the difference of Motion carried 4-0. NEW BUSINESS Consider Ordinance to Amend Section ~56 of the Charter - Re: Calling of Special Meetings Vice Mavor Betty Riscoe Mrs. Riscoe stated the only thing she wanted to mention is the fact she doesn't find one thing that would be intolerable in the ordinance itself, but would like To make the additions: ~) No special meetings shall be called with Less than 48 hours notice except for purposes of acting in an emergency situa- tion as defined by Section 25 of the City Charter. (c) It shall be the duty of the City Official, City Clerk or City Manager preparing the notification of papers to contact eaeh Councilman or M~yo~ in the event said meeting was ealle~b~5~= Councilme~ prior to the preparation of said paper for the purpose of adding an item to the agenda. She referred to the last special meeting and advised she received the notice on Thursday for a special meeting at 5:50 on Fmiday and four items were listed on the agenda. As far as the Revenue Sharing Funds, she had asked to have that on the agenda for the next meeting whether a special or regular meeting and this special meeting did occur and she was not shown the 2om~on courtesy to have this item included. Mr. Strnad agreed that he would also like to be notified more in ad- vance. To attend ~wo different meetings, he had to break appointments because of the short notice. Mr. Roberts asked if ~o days~ notice was sufficient and Mrs. P/scoe agreed and stated she suggested 48 hours. -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA API~IL 3, 1979 Mrs. Riscoe added that she also suggested polling the members regarding agenda items. Mr. Roberts replied that this would be getting involved in long ifs, ands or buts. He thinks special meetings are of an urgent nature. The purpose may be defeated by requiring 48 hours notice. Mrs. Riseoe stated she would try ro attend whether 48 or 24 hours no- tice; but in case plans are made~ at least there would be more time to reschedule plans. Mr. Roberts stated that an item could be added to the agenda at the meetin~ with unanimous approval. Mrs. Ris2oe suggested that her recommendations be put on the books for clarifica- tion. Mayor Harmening stated that.usually in the past, there has always been more than 48 hours notice. Special meetings were rarely called; but so far this year with the eourse of events, we have had a greater num- ber of special meetings. The timine of the notice is usually 48 hours. The only reason the last meeting was called in 24 hours was to pass the proclamation so the election could proceed as soon as possible. Mayor Harmening stated regarding the addition of any important or timely matter to the agenda~ there is no problem to do this with unanimous consent of the Council. He told about most special meetings beine attended by three or four members in the past. He sees no purpose whatsoever for changing this as it has worked out. There was an item whicN could have been added to the agenda recently, but unanimous eon- sent was not given because certain members did not want to consider the item. If he had an item for the agenda, he would put it on the regular agenda in case the members of the Council would not agree to the addition at a special meeting. This has been in effect for a long time and has worked very successfully. He sees no reason to change it. Mr. Roberts referred to these suggestions being made and stated he thinks it can be corrected by giving the extra notiee without chang- ing anything and additions could be added to the agenda before dis- tribution. Mayor Harmening agreed he didn't think there would be any problems. It is certainly not his intent to create any hardship to the members for a special meeting. He feels when the CityTs inter- est is pressing~ it is ~ncumbent upon the members of the Council to attend to the business of a priority nature. If there is a change desired by the majority of the 2ouncil, he is sure it man be efiected. Consider Creation of AssisEant City Manager's Position - Councilman Roberts Mr. Roberts referred to the lateness of the hour and moved to table this for the next meeting, seconded by Mrs. Riscoe. Motion carried 4-0. Consider Alleviating Unsightly Existing Conditions at Causeway Square Mrs. Tinker referred to submitting s complete file of this to~ether with pictures and stated she concurs with the department head~ that this area is unsightly and a nuisanee does exist. It certainly con- stitutes a health, welfare and se~ety hazard for the residents of our -26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA APRIL 3, 1979 community and is in violation of Sections 13-17 and 13-18 of the Code. Further~ it will add to the aesthetics of our City along the Intracoastel Waterway if this is cleaned up. She respectfully requests the City Council direct our City Attorney re prepare the appropriate resolution te alleviate, these conditions according To Section 13-20 of the Code. The Couneilts concurrence with this recommendation will alleviate a situation which has existed for years. The recommendations were sub- mitted from the City Engineer, Sanitation Department and Fire Depart- ment. Mr. Roberts moved to direct the City Attorney to prepare the appropriate resolution to alleviate these existing unsightly conditions, seconded by Mr,. S~rnad. No discussion. Motion carried 4-0. ReeeipE of Correspondence from the Town of Palm Beach Opposing the Four-laning of State Road A-1-A Mrs. Tinker tel%fred to the Town of Palm Beach wanting eoneurren~ from us on this matter and Mr. Strnad replied that he is in favor of having A-!AA four-laned as it is a bottleneck. Mr. Roberts clarified that we are not on A-1-A~ so we are not aetually involved. Mr. Strnad moved to receive and file this, seconded by Mrs. Riscoe. No discussion. Motion carried 4-0. Appointment of a Permanent City Manager Mrs. Ri scoe announced that at this particular point, we have narrowed our prospective candidates down to one particular gentleman. She told about spending four hours today checking this gentleman out and cannot come back to the Council with anything but praise. There was not one derogatory statement made against this man. She would like to have Mr. Peter Cheney appointed as our permanent City Manager. Mrs. Riscoe made a motion to appoint Mr. Peter Cheney as our permanent City Manager and to instruct the Acting Interim City Manager to get in contact with Mr. Cheney after the vo~e~ seconded by Mr. Roberts. Under discussion~ Mrs. Tinker asked if the salary and a car were discussed and Mayor Harmening replied the salary was discussed. Mrs. Riscoe added that i~ it is not out of order~ she thinks it would be proper, providing we get an affirmative reply from Mr. Cheney~ for our Acting City Manager to write the other gentlemen and tell them they are no longer in contention. Mrs. Tinker asked if she meant to send letters to all of them and Mayor Harmening replied that he thinks the ones interviewed would be adequate. Motion carried 4-0. Consideration of Paying Transportation and Motel Expenses for Finance Directorts Applicant from Portsmouth, New Hampshire Mrs. Tinker referred To having two sessions of interviews with Finance Director applicants and stated Mr. Sullivan has advised her we have a very good man located in Portsmouth, New Hampshire. This applicant was also discussed with our auditors and they would like to interview him. -27- ¸fl MINUTES - REGULAR CIT~ COUNCIL MEETING BOYNTON BEACH~ FLORIDA APRIL 3, 1979 She requests his transportation and motel expenses be paid. We did transfer monies for the City Manager applicants' expenses and she wonders if the Council would be agreeable to going along with paying this applicant's expenses from Portsmouth~ New Hampshire. Mayor Harmening commented he wOuld be very much surprised if there are no qualified Finance Directors in this area. Mrs. Tinker informed him this applicant did work in this area and would like to come back. Mr. Sullivan added that this gentleman worked for Burnip L Sims for eight years and Left for New Hampshire and has been there two years and would like to move back to this area. Mavor Harmening asked the name of this applicant and Mr. Sullivan informed-him it is Ken Dauhl. Mr. Strnad asked how many applicants had been interviewed and Mr. Sullivan replied seven have been interviewed, but we are not inter- eared in any of the seven. Approx/mately 35 applications were re- ceived and we are still advertising. Mr. Strnad commen~ed that it may be worth paying for him to come and Mr. Sullivan clarified that he is just interested in having his flight paid and did not mennion a motel. Mr. Roberts moved to pay the plane fare, seconded by Mrs. Riscoe. Mayor Harmening clarified that it had been moved and seconded to pay the transportation for the applicant for the City Finance Director. Motion carried 4-0. ADMINISTRATIVE Consider Ridgewood Estates; Connection of S. W. 5tk Street with S.W. 23rd Avenue Mr. Burl Gentry came before the Council and stated at a previous Coun- cil meeting, the condition of approval for R/dgewood Estates was to allow a connection. He has reviewed his proposal with the Traffic Director of Palm Beach County and it is acceptable witP him. He also met with Mr. Clark, the Fire Marshall and Police Chief and each said it would be a feasible alternative. He showed the plan and explained it would provide a balancsddistribution of traffic from 23rd Avenue and relieve the over-burden on the other streets. Mrs. Riscoe clari- fied that 4th, 5th and 6th Streets will be opened. Mr. Gentry then explained the plan to the audience. Mayor Harmening asked if anyone in the audience wanted to speak on this item. Mr. Rudy Blank, 702 S. W. 25th Placer staEed they know the developer has struggled with th~s and made an effort to solve the problem. There ~s still the problem of having only one entrance into their convaunity. Mayor Harmening asked if this proposal would alleviate most of the concerns and Mr. Blank replied the traffic will flow through the community in a more satisfactory manner. ~owever~ it is fact they will still have one bottleneck to get out ~n case of problems. Mr. Gentry advised the County would only allow one inter- section with this plan. -28- MINUTES - REGULAR CITY COUNCIL MEETING APRIL 3, 1979 BOYNTON BEACH~ FLORIDA Mrs. R. F. OTMalley, 2818 S. W. 6th Street, told about the large amount of traffic on 6th Street. Mayor Hammening stated the proper action would be to reconsider the motion made at the last meeting to direot the encineer for the deve- loper to come up with an alternate solution to the traffic problem and if the feeling is this ia adeqna~e~ then the motion would be after reeonsideration To remove the stipulation and accept the preliminary plat without stipulations. Mrs. P~scoe stated she is aware the mai~ thought was to open 4th St. to 23rd Avenue and understands this cannot be~done~ but at least the traffic will be distributed more evenly with this plan. Perhaps when the development goes in if anything can be done, then it man be pur- sued. She thinks the people and developer have worked together. Mrs. Riscoe made a motion to accept this alternate proposal so the developer can start construction, seconded by Mr. Roberts. Mayor Harmening clarified that it has been moved and seconded to accept this alternate proposal and remove any stipulations on the preliminary plat. No discussion. Motion ear~ied ~-0. Consider Final Plat Submitted by Watersedge Mrs. Tinker read Mr. Clark's memo: "Forwarded herewith is a print o~ the signed linen original finat~plat for the Watersedge Townhouses which is recommended for approval at the April 3~ 1979, Council meet- ing. The development plans haVe. been approved. The filing fee of $150 has been received along with a ~etter of Credit No. 10-178 as surety for S95,900. A ch~ck in the amount of ~959 has been received for the inspection fee? She added tha~ the original letter of credit was hand delivered to Betty Boronil D~ Mr. Clark. She asked if Mr. Vance had seen this letter of credit. Snd Mr. Vance replied that it was de- livered to his off,ce and he reviewed it and it is in order. Mr. Roberts moved acceptance o~ the final plat of Watersedge with the necessary surqty~ seconded by M~s. RIseoe. No discuss~gn. Motion carried 4-0. Consider Street Resurfaeinq Program Mrs. Tinker referred Eo submittiog a current list of streets needing resurfscing as submitted by Mr. Thomas A. Clark, our City Engineer, and advised it is the recommendation of Mr. William H. Sullivan, our Purchasing Agent, that we go with the County bid for streen resurfac- lng as we have done in the past. As indicated, the approximate cost is $1~5,480.00. The amount budgeted is S75,000.00. If Council so desires to proeeed with the entire program, we could take the differ- enee of $50,480.00 from the surplus fund inasmuch as we have just re- oeived our final audit and monies will be available to transfer. She has discussed this matter with BEll Sullivan and Tom Clark and they have agreed that it would be beneficial Eo the City uo proceed with this resurfaeing program. However, we have been digg/ng into the surplus fund tonight and she does not know what the total is. -29- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3~ 1979 Mayor Harmen/ng suggested staying with the amount budgeted and having the City Manager come back with a cost breakdown of the amount we have committed tonight and take up the revised portion at a later meeting. Mr. Roberts moved to go ahead with the program on the basis of $75,000 and have the City Manager come back taking the streets with dire need~ seconded by Mrs. Riscoe. No discussion. Motion carried 4-0. Consider Proposed Tree & Shrub Ordinance (Tabled) Consider Amendment to Community Appearance Board Ordinance (Tabled) Mr. Roberts referred to the lateness of the hour and moved to leave these two items on the table, seconded by Mrs. R/scoe. Motion car- ried 4-0. Consider Request for Water Service at 7824 Overlook Road Subndtted by Dave F. Ebers~ld g Sons 2ontractors Mrs. Tinker referred to submitting correspondence from Dave F. Ebersold and Son's Contractors, and Mr. Mark Law's recommendation regard%ng tb/s request for water service, both of which are self-explanatory. Accord- ing ro Mr. Lew, this would be at absolutely no cost ro the City and the cost involved would be that of setting the meters, whatever size would be required, which, of course, is revenue for the City. The water main Ee serve this property is in the City right-of-way in front of the Ebersold property. Mrs. R/scoe moved te p~ant water service for 7824 Overlook Road, seconded by Mr. Roberts. No discussion. Motion carried 4-0. Request for Authorization to Contact the Department of Transportation to Conduct a Survey Limiting Parking on U. S. ~1 Mr. Roberts moved to grant authorization to contact D.O.T.. to conduce surveys limiting parking on U. S. 1, seconded by Mrs. P/scoe. No discussion. Motion carried 4-0. Mr. Strnad added that we did eontact D.O.T. in 1976 and they told us all that was required was Council action and a resolution and they will carry it out. Mayor Harmening stated this could become a lengthy and controversial subject and suggested tabling for further study. Many people are not aware of this and there are many businesses on U. S. 1 which may take a dim view of it. Possibly it could be tabled or the City Attorney could be authorized to prepare a resolution for further discussion at s future date. Mr. Strnad replied there should not be too many objectors because off-streeT parking is required for commercial properties. Mayor Harmening agreed, but added many businesses 6n H. S. 1 are grandfathered and do nor have of~-street parking. -30- MINUTES - R~GULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1979 Mr. Vance informed the Council that D.O.T. will do a survey based upon a letter and a resolution is nov necessary. Mayor Harmenin~ suggested the motion be amended to direct the City'Manag~r To send a letter to D.O.T. requesting a survey. Then, we can consider the renu!ts of the survey and take action. Mr. Roberts amended his motion To direct the City Manager to send a letter To D.O.T. requesting a survey regarding the park/ng conditions on U. S. ! in Boynton Beach, seconded by Mrs. Riseoe. No discussi'on. Motion carried 4-0. Consider Proposed City Ordinance as it Pertaims To Trees Affected by Lethal Yellowing and/or Other Diseases and the Property Owner's Respon- sibility for Removal of Same Mrs. Tinker told about receivin~ a lot of calls in reference To this and Mr. Peltz thought we should have an ordinance coverin~ diseased trees with lethal yellowing as she understands there are ~uite a few around. Mayor Harmening agreed they should be removed, but he thinks we should give the property owners a considerable amount of time to do this. Mrs. Riscoe moved to direct that a City ordinanee be prepared to get rid of diseased trees. Mayor Harmening questioned the time limit and Mrs. Tinker informed him that Bob Fe!tz recommended red tagging the trees and giving 30 days to cut them down. Mavor Hai~meninc replied that he didn't think this was adequate. Mrs. Riseoe questioned whether the trees had to be cut down or uprooted and Mayor Harmening replied they should be removed at least flush with the ground. Mr. Vance referred to the la~ hour and suggested that he draft an o~dinance for the Council to review at the next meeting and Mayor Harmenin~ agreed, Consider Requests from the Chamber of Commere~ Directional Signs for Boynton Business Fair Mrs. Riscoe stated as long as these signs are in accordance witk the Police Departmen~ she sees nothing wrong for having signs directing to the Boynton Business Fair. Mrs. Tinker added that Ms. Tindell is work/ng with Mr. Howell. There is a problem with the location and the Seacrest Blvd. construction. Mrs. Riscoe moved to go ahead with the entire situation on the signs, seconded by Mr. Roberts. No discussion. Motion carried 4-0. Christmas Parade Mayor Harmenino referred to a letter from the Chamber of Commerce stating time is of the essence to get the ball rolling for the Christmas Parade and questioned the Council,s pleasure. MINUTES - REGULAR CITY CO%~fC!L MEETING BOYNTON BEACH: FLOP~DA APRIL 5, 1979 Mrs. Riscoe stated she is for it 100% and moved approval as long as we do not go over the budgeted amount we had for last year including over- time. M~vor Harmening refemred to transferring funds out of this account at the City Manager's recommendation and Mrs. Tinker agreed~ but explained the left over funds were transferred after the pamade was held. The budgen must include the amount in September for the Decembem parade. Mm. Strnad questioned the amount and Mrs. Riseoe informed him it is $10~.226.85. Mrs. Tinker suggested it be rounded off ro $10,500 and Mrs. Riscoe agmeed. Mr. Strnad suggested includ- ing food and lodging for the bands that come. Mrs. Riscoe co~ented that the pamade might not be able to be as large as in the past due tO ~he Seaerest Blvd~ construction. Mm. Strnad refemmed to the parade being too long and Mayor Harmening agreed some of the units were not necessary~ Mrs. Tinker advised that DoO.T. does not want any activity on their roads to exceed a two hour period. Ms. Tindell referred to the letter from the Chamber of.C~mmerce containing the request to desig- nate a department to work with the Chamber and Mavor Harmening requested Mrs. Tinker to designate e depamtment head to work in conjunction with the Chamber of Commerce. Mrs. Tinker requested Mm. Frederick Go w~rk with the Chamber of Commerce since this is part of a recreational activity. Mr. Roberts then seconded the motion and the motion carried 4-0. Consider Acceptance of Resignation from Alvin Boeltz, Sr., Board of Adjustment Mr. Strnad moved to accept the resignation from Mr. Alvin Boeltz~ Board of Adjustment, seconded by Mrs. Riseoe. No discussion. Motion carried 4-0. Consider Replacement for Above Mr. Strnad moved Eo move Mr. Serge Pizzi to a permanent member from an alternate member of the Board of Adjus~menn, seconded by Mrs. Riscoe. Motion carried 4-0. Mr. Strnad moved to table nominations for a replacement member, seconded by Mrs. Riseoe. Motion carried 4-0. 2onsider Request fur Street Lighting Submitted by Golfview Harbor Home Owners Association Mayor Harmeninq asked if there was money in the budget to cover this and Mrs. Tinker replied that she believes we do. Mr. Roberts asked if it was eustomamy fom Florida Power & Light Co. to install these lights since they are collecting on them and Mrs. Tinker replied nega- tively and she undemstands they have never doneit. Also, from now on~ the developer will be responsible for street lights. Mr. Clark clari- fied that the subdivision ordinance requires street lights be provided by the developer in the dedicated ri~ht-of-way. In the past, all our street lights have been installed by Florida Power S Light Co. and -52- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3, 1979 they charge us so much per month, about ~8 per month for each. He explained that when the developers install the lights, FPL will main- tain them for a lessor amount with the City being responsible for maintenance of the poles and wiring. Mr. Robertsmoved to install street lighting in Go!fview Harbour au the request of the Homeowners Association, seconded by Mrs. Riscoe. No discussion. Motion carried 4-0. Consider Request for One (1) Temporary Construction Trailer to be Located at 656 East Ocean Avenue, Site of First Financial Plaza Project Mrs. ~iscoe moved to grant this request, seconded by Mr. Roberts. No discussion. Motion carried 4-0. Request from Bass Creek of Boynton Associates to Excavate Portion of Land for Lake Mayor Harmenina stated we have an ordinance on the books requiring s permit zo excavate. Mr. Strnad asked if this is in the process of being started and Mrs. Tinker replied they started to excavate and she believes they were red tagged and were supposed to stop, but proceeded and have $ lake. We received~.their performance bond and they have excavated and they have three models. Mr. Vance 2larified that we now have the proper performance bond by Aetna Insurance Company, which according to the City Engineer covers the plat improvements including this excavation which is part of the drainage system. Mr. Clark clari- fied that the first phase is bonded which included construction of approximately $!60,000 for drainage, which according Yo the Water Management District requires a lake for storage and outfall into the existing canal. The performance bond would be sufficient ~o take care of the drainage and any damage involved in this lake construction. Mavor Harmening asked if he recommended approval and Mr. Clark replied affirmatively. Mr. Strnad asked if they excavated this and took the fill out without $ pemmit and Mr. Clark replied that he understood they were digging and the Building Department red tagged them since they had no bond or excavation permit. If they did continue to excavate, he did not know that for a fact. Mr. Strnad asked if there were,any buildings on this ground and Mr. Clark replied the buildings have no relation to the excavation permit. Mr. Strnad questioned what kind of fine could be imposed upon this developer for digging this out without getting a permit from the City and Mr. Clark replied the permit'goes to the Council for approval. Mr. Strnad referred to it being subject to a penalty since it is done and Mr. Clark replied there could be, but there is nothing stated in the ordinances. If it was a building, a double fee would be nharged. Mr. Vance clarified there is no penalty prescribed in this particular ordinance. From what he understands, they have been prohibited from working on it since February 15. Mr. Clark added that we have been telling them for several months they have to post a bond and we just received it. The bond was unacceptable originally. -55- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 3~ 1979 Mrs. Riseoe remarked that it seems this will be granting a permit for something already done'and Mr. Clark replied that they ~ave hOE com- pleted anything. Mr. Strnad asked why it is being filled back in and Mr. Clark replied according to their engineer, they have quit excavat- ing and are doing filling. He explained how the concern was To obtain the bond in case the developer left and the City would have ~o fill the lake. Mr. Vance clarified that we do have the proper performance bond nOW. Mr. Roberts moved to grant the permits seconded by Mrs. Riscoe. No discussion. Motion carried 4-0. Application for Beverage License Submitted by Lydia R. Aponte dba Lydia's Magazines, 556 N. E. 22nd Avenue ~r. Roberts moved to grant this particular request for a license, seconded by Mrs. Riscoe. No discussion. Motion carried 4-0. Approval of Bills Mrs. Tinker read the following bills for approval: !. ~erox Corporation g 1,156.00 40 cases paper 8~ x 14 Pay from 001-000-141-01-00 Aqua Chem Co., Inc. Lime for Water ~reatment Plant Pay from budgeted funds 401-332-553-30-65 3,014.21 Adams Electric Service, Inc. Voltage selector switch for Onan Model 85KR-!SR Pay from budgeted funds 401-352-535-40-33 1~006.00 American Fireworks Fireworks for Fourth of July to be ordered by Chamber of Commerce - need check in advance Pay from budgeted funds 101-191-519-40-59 1,925.53 Halsey Griffith, Inc. 8 art steel file cabinets Pay from budgeted funds 401-333-533-60-71 1~361.20 I B M CorporatiOn Classes for computer programmer~ Mike Munro Pay from budgeted funds 001-133-513-10-52 1,298.00 Harley Davidson of Balm Beach Repair motorcycle per'accident 10/30/78 Pay from Reserve for Self Insurance 001-000-247-41-00 1,183.79 -34- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA APRIL 3, 1979 8. IsiahAndrews 1!0.00 Driver for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 320-871-570-02-5A Ordinance ~73-15, passed 5/15/73 9. Willie Ruth McGrady 96.00 Server for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 320-871-570-02-5A Ordinance ~73-15~ passed 5/15/73 !0. Carpenter, May $ Bremer 8,086.00 Professional services re year end audit Pay from budgeted funds 001-151-513-40-66 401-593-539-40-66 7,032.00 1,0S4.00 !1. Carpenter, May L Bremer 57050.00 Professional services re final draft of financial statements, consultations, ere. Pay from following funds 001-151-515-40-66 320-131-5!5-40-66 500.00 401~593-559-40-66 1,517.00 Mrs. Tinker stated the bills described have been approved and verified by the department heads involved; checked and approved Eom payment by the Finance Department; funds are available in their respective budgets. She~ therefore, recommends payment of these bills. Mrs. Riscoe moved To approve the bills, seconded by Mr. Strnad. Under discussion, Mr. Strnad referred to the Fourth of July Fireworks and stated he thinks the people would enjoy it more if we eould get Joe DeMareo down there cooking hot dogs and having ~oda and beer. Motion carried 4-0. ADJOURNMENT Mrs. Riscoe moved to adjourn, seconded by Mr. Roberts. Motion carried 4-0 and the meeting was properly adjoumned at 12:03 A. M. CITY OF BOYNTON BEACH~ FLORIDA BY ATTEST: Recording Secretary (Four Tapes) Vice Mayor Councilman -55-