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Minutes 02-06-79MINI/TBS OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH~ FLORIDA, TUESDAY, FEBRUARY 6, 1979 AT 7:30 P. M. PRESENT Edward F. Harmening, Mayor Betty Risooe, Vice Mayor Ron Johnson, Councilman David Roberts, Councilman Annette P~ Tinker, Acting City Manager Tereesa Padgett, City Clerk James W. Vance, City Attorney Mayor Harmening welcomed everyone and called the meeting to order at 7:30 P. M. He announced the Invocation will be given tonight by Reverend Richard Bass, St. Josephts Episcopal Church. He re- quested everyone to rise and remain standing for the Pledge of Allegiance to the Flag led by Councilman Ronald Johnson. He then announoed that Councilman Norman Strnad was unable to attend tonight due to illness. AGENDA APPROVAL Mr. Roberts requested Item E under Administrative to be deleted beoause it is already on the agenda and is a duplication. Mrs. Riscoe requested Item E under Old Business to be deleted~ She requested the addition of No. 2 under Legal - Other: Discus- sion of Letter of January 5, 1979~ to Governor?s Office by Mayor Edward Harmening and Councilman David Roberts. Mrs. Tinker referred to the Review of the 1978-1979 Budget listed under Public Hearing and advised this was never advertised, so it should not be a public hearing. She has ~sked to discuss this at a Special Meeting. Also, she has a request from Community Development regarding handieapped accessibility to rest rooms and the transfer of funds thereto and would like to add that to the agenda under Other at the end of the meeting. Mr. Roberts referred to the item requested to be del~ed by the Acting City Manager to review the budget and stated he would like to get an opinion about that from the attorney. The budget was adopted six months ago and usually we are bound by State law to work within the parameters. To review it and add on ~300,000 on top, he thinks might be a question ~f law. Mr. Vance replied that he discussed this with Mrs. Tinker and it would appear most of the items Council is desirous of considering can be handled by a simple transfer without opening the budget. If the projected use does not. exist~ they do have to have some use and would have to go through the prooedures to use it. However, the Council is about to go into workshops on next yearts budget, He eoncurs with the City Manager's deletion at this time. Mr, Roberts stated he can understand the transfer of funds for urgent matters, but when talking about $300,000, he questions whether this is the proper procedure. Mr. Vance replied that with respect to the ~300,000~ MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA FEBRUARY 6, 1979 we will have to reaeh some conclusion what to do with it because the original proposed use is no longer being contemplated. He added if these are basically federal funds~ there will ?rove to be a public hearing. Mayor Harmening suggested this be discussed at a more appropriate time. Mayor Harmening request~dg an additional proclamation to be in- eluded regarding the Big Brothe~n~nd Big Sister Program. Mr. Vance requested the addition of a third item under Legal Other: Authorization to Retain Expert Witnesses in Regard to Pending Litigation. Mr. Johnson referred to New Business and requested Item C to be tabled. Mr. Vance suggested this could be deleted and put on at another time. Mrs. Riseoe moved to adopt the agenda for this evening, seconded by Mr. Johnson. Motion carried 4-0. ANNOHNCEMENTS Mayor Harmening read a Proclamation pmoelaiming the week of Feb- ruary 18th through February 25th, 1979, as Brotherhood Week. Mayor Harmening read a Proclamation proclaiming the weekend of March 3rd and 4th7 19797 as Festival of the Arts Weekend. Mayor Harmening read a Proclamation p~oclaiming the week of Feb- ruary 19th through February 25th7 1979, as Big Brother - Big Sister Week. Mayor Harmening announced that City Hall will be olosed on Monday, February 19~ 19797 in observance of Washington's Birthday. MINUTES Regular City Council Meeting - January 16, I97q Mr. Roberts referred to Page 8 and the motion he made to recon- sider the action and questioned whether Mr. Strnad~s motion was to table the motion or the action? He believes it should have been a motion to table the %e%fDn to correct the map and Mr. Vanee agreed. Mr. Vance added ther~ should have been two votes, one on the motion to reconsider and the next motion should have been action on the item. Mr. Roberts stated the action was actually tabled and we forwarded the matter to someone else. He suggests we consenn with the maker of the motion and wait until the next meeting. Mayor Harmening requested Mrs. Tinker to make note on Page 8 to have that as a future item as ~ar as adoption of the minutes. Mr. Roberts clarified that we can adopt the minutes pending clarification of this. -2- MINVdTES - REGULAR CITY COHNCIL MEETING BOYNTON BEACH~ FLORIDA Mrs. Riseoe moved to adopt the minutes pending clarification of this particular motion on Page 8~ seconded by Mr, Roberts, Motion married 4-0. Special City Council Meeting - January 197 1979 Mayor Harmening referred to Page 19, tenth line, and corrected unclassified to classified. Mr. Roberts moved to accDDt the minutes of the special meeting as corrected, seconded by Mro Johnson. Motion married 4-0. P~BLiC AUDIENCE Mayor Harmening asked if anyone wished to address the Council in Public Audience. He added that anyone wishing to speak on any item on the agenda may give their name to the City Clerk and when th~s item comes before the body, they will be allowed to speak. Mr. Joe DeLong, Hampshire Gardens, told about Palm Beach County Commissioner Gregory selecting him to act as liaison regarding recreational funds available to the City. He told about the importance of seeking financial aid for public projects. He added that Commi~ssioner Gregory deserves our thanks for his fine spirit of cooperation with our City. This offer of aid very seldom occurred in years past. Also, Mr. Bill Brooks of the County Housing Authority contacted him advising that his agency has money available for p~ojects in the northwest section of our City. Mr. Theodore Botwin, ~illage Royale on the Green, referred to the intersection at Seacrest Blvd. and 22nd Avenue where the~e is a flashing red light and stated there have been many acci- dents at this corner and they were told about 1~ years ago a traffic light would be installed. He begs the Council to think this over and see what influence they can use to see what can be done in seemrin~ a traffie light and it will save many lives. BIDS NONE LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 79-2 - Re: Amending Section 31-3(1) Pertaining to the Commanity Appearance Bo~rd~ ProvidinqTer~s of Membership Mr. Vance read proposed Ordinance No. 79-2 by caption on second reading. -3- MINUTES - RECULk~ CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA FEBRUARY 6~ 1979 Mayor Harmening asked if anyone in the audience wished to speak in favor of this proposed ordinance and received no response. He asked if anyone in the audience wished to speak in opposition to Ordinance No. 79-2 and received no response. · Mr. Johnson moved the adoption of Ordinance No. 79-2~ seoonded by Mrs. Riscoe. Under diseussion~ Mr. Roberts stated he would like to say a few words against this particular ordinanee. The ordi- nance is merely a means to remove some members from this particu- lar Board for the purpose of replacing them with some other mem- bers. Under the cireumstanees~ he does not think it is the proper thing to do. He voted against it and still feels the same. Mayor Harmen/ng added that he also had some strong words to say in a similar vein. In addition~ there arises possibly another poten- t/al eonf!iet and that is when this goes into effect in ten days~ it is questionable whether the people on the Board will remain as holdovers. Are they grandfathered in? If they are removad~ we no ton~er have a quorum on the Community Appearance Board until we meet and make additional appointments. Mr. Vance re- plied that he believes the existing membership would remain on the Board. Mayor Harmening continued that we have discumsed during appoint- ments of Boards and committees, the fact we should have continuity with at least a certain amount of carry-over in certain Boards and committees so the new people have some older hands on board to give a little guidance. Based on all of this, he does not find very n~ch appealing in this particular ordinance. Mrs. Risooe replied that at a previous meeting~ it was expressed we would like to see new faces and get some additional ideas. Mr. Vance then withdrew his former opinion and advised, after reading the actual ordinance~ that all members presently exist- -ing on the Board would be terminated when this ordinance goes into effect. Mayor Harmening stated we would not have a Com- munity Appearance Board until the Council meets and makes new appointments. Mrs. Riseoe referred to appointments to Boards being ineluded under Old Business and stated possibly someone plans to make appointments to the Community Appearance Board at that time. Mr. Vance stated it is provided for this ordinance to become effective immediately and appointments to the Board eould be made tonight. As requested, as follows: Mrs. Padgett then took a roll call on this motion Vice Mayor Riscoe - Yes Councilman Roberts - No Councilman Johnson - Aye Mayor Harmening - No Motion failed 2-2. -4- MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 6~ 1979 BOYNTON BEACH, FLORIDA PUBLIC HEARING - 8:00 P. M. Rezoning Requests Parcel: Location: Request: Use: Applieant: A Part of Lots 3, ~ & 5 of Sam Brown J~m~s Subdivision (2.875 Acres) Lying East of Las Palmas Park Subdivision and South of Lakeside Harbor Drive Rezone from R-1BA to P.U.D. with LUI of 4.11 Construction of Twelve (12) Townho~ses Conrad Sehaefer for Me!rie~ Inc. Mr. Vance referred to no action having been taken by the Planning and Zoning Board on this request and suggested deleting it from the agenda. Mr. Roberts moved to delete this item from the agenda~ seconded by Mrs. Riscoe. Motion earried 4-0. Parcel: Location: Request: Use: Applieant: Portions of Palm Beach Farms Company Plat No. 8 (49.9 Acres) Lying South of State Road 804~ West of Congress Middle School and East of Knuth Road on the South and North Side of Canal L-25 Rezone from R-3 to R-2 Construction of Duplex Subdivision Ronald Corbitt, Jr., for Hugh Culverhouse, Trustee Mr. Daniel Jones, 707 North Flagler Drive, West Palm Beach, came before the Council representing Mm. Ronald Corbitt, Jr. and Mr. Hugh Culverhouse. He referred to this rezoning being approved by the Planning & Zoning Board subject to working out certain things and told about signing a contract today-with the County Engineers to eonstruct a second bridge just north of the property and pave and four-lane Congress Avenue with a median strip. The ~ti!i~es are worked out. Mr. Jones then showed the site plan and told about approximately 450 units being planned. The decision has not been made whether it will be a condominium type or common wall type with lot sales. Mayor Harmening asked if the agreement had been worked out 'with the School Board and Mr. Jones replied that he thinks it has. He conferred with Mr. Howard Johnson yesterday and thinks they both need some direction from this Council regarding the policy the City wishes to follow. An agreement was not required of Summit Associates and the policy seems to be inconsistent. Mayor Harmening informed him there has been an agreement on the basis of .4 of 1% with other developers and Mr. Jones replied that he has no disagreement as long as it will benefit this community. -5- MINUTES - REGHLAR CITY COHNCIL MEETING BOYNTON BEACH~ FLOPs!DA FEBRUARY 6, 1979 Mr. Jones continued that he sees a problem in the way they are administering this p~ogram and explained how adult developments were not charged when technically childmen could live in them. He further refemmed to adults having paid for the schools where they previously lived and stated he did not feel it ~was good faith for them to pay another school impact fee. He pmoposes at the time the certificate of occupancy is issued that they certify who it is going to be sold to and if there are children, the impact fee be paid. Mayor Harmening referred to this causing extra bookkeeping and Mm. Jones agreed. Mayor Harmening ~xptain~Sdhow he thought a duplex development would lend itself more readily to younger people resulting in a more severe impact on schools. Mr. Jones agreed and stated in this case~ they are willing to pay. Mrs. Riscoe referred to a portion of this property having to be annexed into the City and Mr. Jones agreed and informed her that it is going through the County zoning and will come into the City. Mr. Vance asked if an application had been filed with the City for annexation and Mr. Jones replied that he didn't think so. He explained how they felt it would be best to get zoning from the County first and then be annexed into the City. Mr. Vance asked if he intended to achieve this and Mr. Jones replied af- firmatively and the first hearing is scheduled for tomorrow. Mr. Jones again referred to the school impact fee and explained how he felt it should be stated that it will benefit the immed- iate area. They will agree to this subject to the ordinance in the works. Mayor Harmening stated he was referring to the County ordinance and Mr. Jones clarified that he was referring to the one the School Board is working on. Me is ~lling to enter a contract to pay the fee subject to that ordinance, law or statute being passed and being a valid situation. If this property is rezoned tonight~ it will still be 18 months until the first foundation will be poured. They will sign the contract subject to the terms of the ordinance when it is approved. They want to be treated the same as everybody else. Mayor Harmen±ng informed him that the .4 of 1% has been requested of some of the previous developments in the i~nmediate past and Mr. Johes replied that it seems to be broken down based on the type of housing. He further explained how this development would compare with Leisureville and there probably would not be one child living there. Mr. Roberts referred to the plan covering 458 units and Mr. Jones informed him this would ~e the total count for the entire parcel. Mrs. Tinker informed the Council that the applicant signed an agreement with the County and it was given to her tonight by Mr. Annunziato. -6- MI~dTES - REGULAR CITY COHNCIL MEETING BOYNTON BEACH~ FLORIDA PEBRLLARY 6~ 1979 Mr, Vance asked if he was saying in relation to the proposed School Board ordinance tkatwhen the ordinance is adopted~ they will eom- plyonly if it is held to be valid and Mr. Jones replied that if it is valid, anyone will be held to it. Mr. Vance commented that something like this will be challenged and it might be several years down the road. Mr. Jones stated it is quite possible they will have to pay.pending that. Hntil there is a decision~ they will payand do whatever they oan do. Mayor Harmening informed him in the past~ we have required it be escrowed for use in this co~%munity and Mr. Jones agreed this was fair. Mayor Harmening added that he saw no reason why the people in Boynton Beaeh who are in need of sehools should provide the School Board with funds to build schools in other cities. The requirement-so far is to place the money im escrow to be used in the greater Boyh~on Beach area. He is in favor of an agreement being signed with the School Board escrowing the money for use in the greater Boynton Beach area. Mr. Jones stated that it is an inconsistent situation and the standards are not solidified. He further explained how senior citizens should not be discriminated against when they have paid their way and will cause no impact. With the proposed ordinance going through hearings~ he hopes it will come down to a decent project which is fair to the public at large. He is willing to sign the contract pending the ordinance. Their development 'will pay its own way~ but they do not want to impose on anyone. If the Council requires the agreement to be signed, he will sign it; but he would prefer the other way. M~. Roberts stated even if an adult eommun/ty, there was no pro- tectiona~ainst the people changing their minds when they sell the propert-M. Mr. Jones told about this developer building communities in Da~e and Broward Counties which have remained consistently adult. Mr. Jones referred to this being based on the Arvida Agreement and explained how the basis for collecting the fee was question- able. The School Board must enforce the agreement~ but how do we know they are collecting the fee. Everybody should be treated the same. Mr. Annunziato came before the Council and stated he would like to address this topic of sehoo! impact fees. This has been discussed at length. The staff has analyzed the potential buyers in this particular development and with inflation and the increasing cost of single family homes, the options to buyers are being reduced. This type of unit becomes one of the more viable options to a first home buyer. They think there is a strong possibility there will be children in this development. in regards to inconsistency and Summit not paying the fee, this decision was made by School Plant Planning based on Boca Lago. -7- ~NUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 6~ 1979 BOYNTON BEACH~ FLOtLIDA Mr. Annunziato continued that he doesn't see any ir~onsistency. The .4 of 1% has been imposed on severa! developers. Mayor Harmening asked if anyone in the audience wanted to speak in opposition to th/s rezoning and received no response. Mr. Roberts clarified that the only problem is not a question of density or type of development, but based on whether they will have kids or not. He thinks we should approve this application Mayor Harmening added that the approval could include the sign- ing of the school agreement or it being omitted. Mr. Johnson stated he thought they should pay the impact fee. Mrs. Riscoe questioned the disadvantage if this was tabled until this matter was resolved and Mr. Johes replied that he just wanted direction from the Council as to what they prefer as to policy. This present Couneil has not ~set a policy. He would not want 'to sign an agreement not in conformity with the policy of this Council. Possibly it could be tab!ed at the second read- ing if he doesn't have a satisfactory agreement. This would not cause any delay or difficulty. Mr. Roberts moved to grant this request and accept the recommenda- tion from the Planning L Zoning Board with all the staff recommen- dations including .the impact fee for schools, seconded by Mr. Johnson. As requested, Mrs. Padgett took a roll call vote on the wotion as ~ollows: Councilman Johnson - Aye Councilman Roberts - Aye Vice Mayor Riscoe Aye Mayor Harmem/ng Aye Motion carried 4-0, Parcel: Location: Request: Use: Applicant: Lots 66, 67 L 68, Palm Beach Farms Company Plat No. 8 (17.2 Aeres) Lying Immediately South of Congress Middle School and L-25 Canal and West of Congress Ave. Rezone f-rom C-3 to R-2 Constmuction of Duplex Subdivision Ronald Corbitt, Jr. for Hugh Culverhouse~ Trustee Mayor Harmening asked if anyone in the audience wished to speak in favor of this application and Mr. Jones replied that he is in favor of it. Mayor Harmeninc- asked if anyone in the audience eared to speak inopposition to this request and received no response. -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOR/DA FEBRUARY 6~ 1979 Mrs. Riscoe ~ved to approve this request subject to staff recom- mendations~ the County road agreement and the agreement for the school impact fee~ seconded byMMr. Roberts. As requested~ Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Riscoe - Yes Councilman Johnson - Aye Councilman Roberts - Aye Mayor Harmening - Aye Motionearried 4-0. Mr. Vance clarified that Mr. Jones is voluntarily proeeeding to ~he SchOol Board to enter a contract for the impact fee and Mr. Jones ~eplied that he will do pursuant to the policy of the City 'CounCil. Parcel: Location: Request: Use: Applicant: Portions of the Plat of Seaway Terrace (2.92 Acres) Lying East of Seacrest Boulevard, North of S. E. 2!st Avenue~ and West of the P.E.C. Railroad Rezone from R-2 to Construction of Twenty-one (21) Duplex Units Daniel O~Brien for F~ank Mendoza~ Trustee Mayor Harmening asked if anyone in the audience whished to speak in favor of this rezoning and Mr. Danny O~Brien, President of O~Brien~ Suiter and O~Brien came before the Council representing the applicant. He explained the location of this 6 acre parcel and advised they 'were proposi~r~21 duplex buildings~ 42 units. The present zoning wouldallow 56 units. They have met the staff requirements ~ but there is one minor problem which they would like to discuss with Mr. Cessna in reference to the 16?' water line requested to be installed on the east side of the property. Mrs. Riscoe referred to there being no ingress or egress from Seacrest Blvd. and Mr. O~Brien replied this was eorrect. Mrs. Riscoe clarified that the traffic will travel on the streets going east to the railroad and Mr. O~Brien replied the cars will enter from 21st Avenue. Mr. Vance asked if the matters relating to theUtility Department could be WOrked out prior to the seeond reading and Mr. O~Brien replied definitely. Mr. Charles Smith presented a petition to Mrs. Padgett with a request that copies be given to the Council members. Mayor Harmening asked if anyone in the audience wished to speak in favor of this rezoning and received no response. He asked if anyone was opposed to this rezoning and the following came beforethe Council. -9- MINUTES - REGULAR CITY COUNCIL MEET/NG BOYNTON BEACH~ FLOP/DA FEBRUARY 6, 1979 Mms. Johns~on~ 2214 South Seacrest Blvd., read a letter from Mr. Marland Duvall, 117 S. E. 22nd Avenue~ who was unable to attend this meeting~ requesting this rezoning to be denied. The population density for this portion of the City has now reached the upper limit with multi-family areas. Families with school aged children are still a factor and need elbow area. The widening of Seacrest Blvd. will provide some relief f~mthe traffic~ but it 'will be increased again with the traffic £rom these duplexes. Mrs. Johnston added that the one exit from these 42 units would go into one little short street. Mm. O?Brien infommed them that this is presently zoned R-2 with 28 lots which would allow 28 duplexes or 56 units and this re- -quest is to lower it to 42. The platted area shows one entrance onto 21st Avenue presently. There Would be less traffie gener- ated by this PUD.~.Mr. Roberts clarified that under the k-2 zone, they w6~!d have the privilege to build more than 42 units and Mm. O?Brien ~greed and advised that 56 units eould be built under the present zoning. Mr. Roberts questioned why they wanted to rezone to PUD and Mr. O~Brien replied for the property owners association and maintenance. Mr. Johnson asked if there could be an exit onto Seacrest Blvd. as it seems there will be a lot of traffic going onto the one street and Mr. O?Brien replied that he went over this wi'th the' Technical Review Board and in order to keep a~rivate community~ they prefer to have a single entrance. They agreed not to re- quest an entranee onto Seacrest Blvd. because of traffic reasons. Mr. Johnson commented that it didn?t seem fair to pile ~ the traffic into a residential neighborhood. He feels there should be an exit fmom Seacrest Blvd. so the neighborhood is not de- stroyed. Mm. O~Brien replied that they think they are improv- ing the neighborhood by building only 42 units and decreasing the number by 14. Hayom Harmening tailed on Mr. Annunziato for the thinking in regards to the traffic impact on the street and Mr. Annunziato stated this was addressed and they analyzed the situation from the impact onto Seacrest Blvd. Generally speaking, the fewer curb cuts onto a collector road~ the safer it is. 42 units is not a tremendous amount and it is felt by channeling the traffic onto the existing roadways, it would be safer than going onto Seacrest Blvd. which is busy and may interfere with the drive- ways on Seacrest Blvd. Mayor Harmening stated the petitioners have not taken into con- sidemation that this is presently a platted subdivision in the City. There are 28 lots right now zoned ~-2. The owners of this land, if they so desire~ can build 28 duplexes or 56 units and do not have to come before the City Council for anything. The purpose is to create a little better living arrangement than the 28 single individual duplexes in the same sarea. -!0- MINUTES - P~GULAR CITY OOLINCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1979 Mr. Chuck Smith~ 205 S. E. 2!st Avenue~ stated he can appreciate what Mr. Mendoza is trying to do~ but he questions whether it is safer for the ears to come out onto Seacrest Blvd. or ~un over little kids on the streets. ~here are many small children in this area. The petition is signed by 32 people who will be affected directly byt~his. These people are not from the sur- rounding area~ but live in the immediate area. He explained how it was a bad intersection with 2tst Avenue coming onto Seacrest Blvd. at an angle. Also~ anybody coming in and out of this development going to Federal Highway will not go out to Seacrest Blvd.~ but 'will go down'2nd Avenue where many chi!dremDlive. Is it better to worry about curb outs onto Seacrest Blvd. or worry about children,s lives? He does not think it is an unreasonable request to merely have them change the ingress and egress for this complex to go out onto Seacrest Blvd. He feels it would be mueh safer for the people living in the area. He explained how there was a traffic mess already with people cutting through the area to avoid the traffic light at 2$rd Avenue and Seacrest Blvd. He urges the Council to at~]least acknowledge this. He is talking about 32 individuals having the right to live in that area. He is not talking against the project. They are in favor of this project because they do appreciate Mr. Mendoza~s efforts to build a good complex. Ail they want to do is save their kids? lives. Mr. O~Brien stated he could not address the traffic situation any more than the statement made. 56 units could be built in theme now exiting onto 2!st Avenue. Mayor Harmening referred to the possibility of making an entrance onto Seacrest Blvd. and Mr. O'Brien replied from a planning standpoint, if you can channel traffic onto existing streets without another curb cut~ this is a better solution. Mrs. P~scoe replied that this was p~obably right from the planning standpoint~ but she ag-~ees with the audience f~om a parent standpoint. S~e suggests he meet with the Planning & Zoning Board again and the staff and consider this further. Mr. Roberts asked if it would be difficult to open the road to Seaorest Blvd. with the fast traffic situation when it is completed and Mr. Annunziato replied this was the initial observation and a curb eut would have to be permitted by Palm Beach County. Mrs. Riseoe stated this could be pursued. Mr. Roberts e!arified that we do not have any valid reason for turning it down. It has been approved by the Planning $ Zoning Board and Technical Review Board. There is nothing to prevent the developer from goingahead and building 28 units. We are all subject to progress. It is a question of putting in a PHD which would be under the control of a homeowners situation as compared to 28 duplexes. Mr. O~Brien advised that he would be glad to take the plan and redo it and approach Palm Beach County Engineering Department and report back before the second reading. Mrs. R~scoe agreed this would be the most decent way to go. Mr. O?Brien stated if they cared to make it a part of the motion, he would gladly pursue it. -l!- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA FEBRUARY 6, 1979 Mrs. Riscoe made a motion to direct Mr. O~Brien to pursue the facets with the County as far as having ingress and egress off of Seacrest Blvd. to take all the ab~ndaney off the streets that are already intact to see if we can accommodate the residents that are already being completely mutilated with additional traffic and she is one of them. Mayor Harmening asked her to address the motion to the request for rezoning and Mrs. Ri scoe added to grant the rezoning from R-2 to PI1D based on this and with the stipDlations. Mm. Roberts seconded the motion. As requested~ Mrs. Padgett~took a moll call vote on the motion as follows: Councilman Roberts Aye Councilman Johnson - Aye Vice Mayor t~iscoe - Aye Mayor Harmer~ng - Aye Motion carried 4-0. Mayor Harmening clarified that this is only the first reading and there is going to be an attempt made to solve the problem in relation to Seacrest Blvd. Mr. Vance added that the first read- inq of the ordinance will be at the n~xt meeting. SITE DEVELOPMENT PLANS De s cl~i ption: Location: Use: Applicant: A parcel of land located in Palm Beach Farms Co.~ Plat No. 8~ and a parcel of land located in Section 30~ Township 45 South, Range 43 East (98 Acres) West of Congress Avenue and North of Lake Worth Drainage District No. 26 Canal Multiple Family Dsvelopment and a 20 acre commercial development (~eadow Lakes) Hank Skokowski of Urban Design Studies Mr. Johnson moved to remove this from the table, seconded by Mr. Roberts. Motion earried 4-0. Ms. Sally Benso~n, representing the applicant, came before the Council and explaimed this project was pmoposed for 79 acres out of the original !00 acres zomed commercially previously, owned by Sears. After the presentation of the plan is given by Mr. Skokowski~ she will give legal arguments regarding the objections raised by the Planning g Zoning Board. Mm. Hank Skokowski explained that the proposal covered 79 of the original 100 acres with the remaining 20 acre commereial parcel still beingiloeated along Congress Avenue. He showed the site plan and explained the location. He told about the existing and proposed uses for the surrounding property. Since the last meet- ing, they have met with the staff and given a lot of t~Jaought to the development program and have made some revisions to improve -12- MINUTES - REGULAR CITY COllNCIL MEETING BOYNTON BEACH~ FLORIDA FEBRI1ARY 6~ 1979 the site plan and reduce the density. They have centralized access with a loop collector system. There is a 17 acre lake proposed pmoviding for thSir retentionand that of the 20 acres on Congress Avenue. Three story unit -combinations of apartments and condominiums will be in the ~nterior and two stories along the perimeter of the property. Three acres are to be dedicated to the City with 3.3 acres of cash substitute to be given. He then ~explained the recreational facilities and the landscaping progmam. He then explained how the recreational area had been relocated per the staff comments to be located along the canal with the two open spaces tied together. He told about consider- ation given to the buffer between the residental and commercial pmoperty. He then referred to the concern of the compatibility to the surroundingarea and explained how the revised plan showed single story units outside the perimeter road with two story.in the interior. This has decreased the densityand increased the open,areas. This is a reduction from the original 842 dwelling units down to 692 units~ approximately 180 dwelling units. The gross density now is 8.87 dwelling units per acre which is below 10.8 allowed by the k-3. There has been a question relative to the density credits a project like this might get for the water area since on-site retention must be provided and he explained. They have satisfied the requirement for the buildings to be a minimum of 40 ft. apart. Mr. Skokowski thenstated he would like to review what the City gets through the improvementthis developer makes. They have agreed to the School Board request of .4 of I% and they are willing to go along with whatever the County requirements are as far as their fair share for the road improvement contribu- tion. They will complete the extension of the water and sewer service to tie into Kirsnem-Cogen even though it is not essen- tial for their projectand will cost $10,000 additional. The developer wants to do the right job. Ms. 73ensOn~ thenstated they have tried to meet the objectives raised by Mr. Annunziato and the Planning $ Zoning Board. The location of the recreationarea has been changed. Some altera- tions have been made in the building separations. The buildings around the perimeter have been changed to one story instead of the proposed two story. All of th~se has been done to gain the approval of the Council tonight. She believes Mr. Annunziato will still have an objection to the density, but right now~ this land is zoned R-3 and the !975 Land Use Plan designates this property as commercial. It was commercial until a few months ago when Sears downzoned this propertyat the request of the City. Until a new Land Use Plan is proposed and mandates this density to be 4.8~ the government body is bound to go by the present regulations. They are still entitled to 10.8 on this property until a new designation is given. There is no problem with the compatibility and it is a very compatible use for the surrounding land uses. -!3- M/NUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA FEBRUARY 6~ 1979 Mr. Roberts explained how there was no comparison between a site plan and a rezoning application. He then asked if the lake would be mined and Mm. Skokowski replied that the property is within a muck strip and must be demueked. There will be noceommereial excavation. There is no longer a market for muck. Some fill will be used to raise the building elevations. Mr. Roberts ex- plained how some plans had a lake taking up most of the area with buildings crowded into the remaining land. Ms. ~enson informed him that the lake would not be larger than shown on the plan. Mr. R6berts eommented that it still shows a large lake and a lot of houses. Mrs. Riscoe requested an update ~romMr. Annunziato regarding the conclusions reached with both parties meeting and Mr. Annunziato informed the Council that he has not had the oppor- tunity 'to review the revised plan. He discussed it with the applicant~ but has not seen the revised plan. Mr. Vance stated that he thinks rids is a situation where the revision in the site plan is so substantial that the pmoper course of action would be to have the Planning $ Zoning Board review it. It is a reduction of 150 units. He thinks it should go back to the Planning L Zoning Board. Mr. Roberts agreed and stated again that he is concerned with the large pi~e of land Ed good density and after the lake is dug~ there will be no land left. Ms. Benson referred to having a problem with time~ but stated they agree substantial changes have been made and if it is required to be reviewed by the Planning $ Zoning Board~ they will understand. They would like to take the opportunity while here to get the Council's input which may neoessiate fur- ther modifications. Mr. Vance referred to the site plan provisions of the code and read the criteria to be considered. There are some developments planned adjacent to this at lower density. This is a situation with commercial on one side but substantially lower density on the other sides. Also, we are in the process of developing a Comprehensive Plan which has been advertised and hearings are being held. Mr. Johnson stated that he feels the density is too high for this area and he is not in favor of this plan. Mrs. kiscoe suggested that the applicant go back to the Planning Zoning Board for reconsideration. Ms. Benson clarified that they are not asking for rezoning, but are just saying this is how they want to develop this property. The property to the north was mentioned to have a density of 6.2 when it was rezoned~ but that doesnCt mean that is what the den- sity is going to be. Mr. Annunziato informed her this property was rezoned from C-3 and R-3 to R-2 with a gross density of 5.1. -14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOI~/DA FEBRUARY 6, 1979 MS. Benson continued that Leisureville is compatible to this jeer-and the density is similar. There is a buffer zone around the property with a canal to the south, commercial on the east, and the west side is zoned R-3. Mr. Roberts replied that if Leisurevi!le tried to build with the same density today, they would not get a permit. He added that Boca Raton has a similar situation being in the midst of their Comprehensive Plan and they have put a moratorium on all building and possibly we should follow the same course. Mr. Skokowski stated that he is in the position as a site planner trying to come up with a compatible proposal. After meeting with the staff, they are proposing one story dwelling units on the exterior which would affect the abutting properties. There are no guarantees what will be built on the adjacent R-2 property and it could be two story units. They are aware of the compa- tibility question and the revised site plan eliminates any exter- ior parking and has a landscaped buffer area. Mr. Roberts moved that this plan be referred back to the Planning Zoning Board with the comments attached for the reason the modifi- cations presented by the developer are substantial from the plan reviewed by the Planning g Zoning Board. Mrs. Ri scoe seconded the motion. Motion carried 4-0. Mm. Annunziato advised that on the next Planning $ Zoning Board agenda~ there are approximately ten items and he might have to hold this over to the next agenda and Mr. Vance encouraged him to put this item on the next agenda. LEGAL (CONTINI1ED) Ordinances - 2nd Reading - Public Hearing (Continued) Proposed Ordinance No. 79-3 - Re: Amending Appropriating Ordinance No. 77-25 and No. 78-60, Which Adopted the Budget for the Fiscal Year Endinc September 30, 1978 by Providing for Adjustments of the General Fund ...... Mr. Vance read proposed Ordinanee No. 79-3 by caption on second, reading. He added that codifying the budget is a waste of effort because it changes each year and he will catch it from here on, Mayor Harmening asked if anyone in the audience wished to speak in.favor of this ordinance and received no reply, He asked if anyone in the audience was opposed and received no reply, Mr. Johnson moved the adoption of Ordinance No. 79-3, seconded by Mr. Roberts. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Riscoe - Yea Councilman Roberts - Aye Councilman Johnson - Aye Mayor Harmening - Aye Motion carried 4-0. -15- MINUTES - REGULAR C/TY COUNCIL MEETING FEBRUARY 6~ 1979 BOYNTON BEACH, FLORIDA Ordinances - 1st Reading Proposed Ordinance No. 79-4 . Re: Amending the Code of Ordinances by ;prOviding Additional Restrictions on the Praetiee of Open Burning Mr. Vance read p~oposed Ordinance No. 79~4 by caption on first reading. Mr. Roberts moved the adoption of Ordinance No. 79-4 on first reading, seconded by Mrs. Riseoe. NO discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Johnson - Aye Councilman Roberts - Aye Vice Mayor Riscoe - Aye Mayor Narmening - Aye Motion carried 4-0. Proposed Ordinance NO. 79- Re: Establishing the Office of Muniqipa!F~nance Director and Providing the Duties, Responsibili- ties and Compensation of Said Duties (Tabled) Mr. Vance referred to this being tabled and stated he submitted a lengthy memo regarding, this particular ordinance relating to the Municipal Finance Direetor. Mr. Roberts replied this memo could be made a part of the minutes by giving a copy to the secretary. Mr. Roberts moved to take Item 2, proposed ordinance regarding ~ ~ establishing the offiee of Municipal Finance Director from the table, seconded by Mr. Johnson. Motion earried 4-0. Mr. Johnson made a motion to reject Ordinance No. 79-5, remove from the agenda; seconded by Mr. Roberts. Under diseussion, Mrs. Riscoe referred to Mr. Vaneefs memo suggesting that an opinion be obtained from the Attorney General and Mr. Vance replied that essentially the present positionwe find ourselves in as it relates to Chapter 166 raises some questions as to whether or not we would be changing the status of employees. While he is of the opinion we could establish this position by ordinance~ it is debatable and he would prefer to obtain an opinion from the Attorney General to avoid any problems. He is of the opinion~we have no problem establishing the ~ffice as a classified position. Mrs. Riscoe asked if we could still obtain !the opinion regardless how the vote goes and Mr. Vance replied affirmatively, if he is direeted by the Council. Mrs. Riscoe then added an amendment to the motion to obtain the Attorney General~s opinion regarding this ruling. The amendment died for lack of a second. -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA FEBRUARY 6, 1979 Mayor Harmening then called for a vote on the original motion, all in favor of striking this item from the agenda. Motion carried 3-1 with Mrs. Riscoe dissenting. Resolutions Proposed Resolution No. 79-D - Re: Amending Resolution No. 78-III, Entitled "Resolution Fixing the Maturities, Redemption Provisions and Paying Agent for $2,500~000. Water and Sewer Revenue Bonds, Semies 1978 and Awarding Said Bodd~'~ to Correctan Ermor in Desig- nation of the Paying Agent for Such Bonds Mr. Vance read proposed Resolution No. 79~D by title and advised this is a technical resolution to correct an error in regards to the recent awarding of water and sewer revenue bonds. Mm. Roberts moved the adoption of Resolution No. 79-D, seconded by Mrs. Riscoe. No discussion. Mrs. Padgett took a roll call vote on the motion ,as follows: Vice Mayor P/scoe - Aye Councilman Johnson - Aye Councilman Roberts - Aye Mayor Harmening - Aye Motion carried ~-0. Proposed Resolution No. 79-E - Re: Authorizing Mayor to Execute Any and Ail Documents in Connection with Federal Grants Tendered by the United States Environmental Protection Agency Mr. Vance read proposed Resolution No. 79-E by caption. Mr. Roberts moved the adoption of Resolution No. 79-E, seconded by Mr. Johnson. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts - Aye Councilman Johnson - Aye Vice Mayor Riseoe - Aye Mayor Harmening - Aye Motion carried 4-0. Proposed Resolution No. 79-F - Re: Creating the Position of Municipal Finance Director and P~viding the Duties~ Responsi- bilities, Description and Salary of Said Position Mr. Vance read proposed Resolution No. 79-F by caption. Me Pointed out that the resolution contains a blank for the annual salary. -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP. IDA FEBRUARY 6~ 1979 Mr. Roberts referred to possibly having to negotiate the salary and suggested including a minimum and maximum figure. Mayor Harmening called on Mr. Sullivan for further information. Mr. Sullivan advised with tb/s being a classified position, it would have to be put into the pay plan and would have to have a grade and step. Mayor Harmening asked if he had it available to in- elude in the resolution and Mm. Sullivan replied negatively as he did not know the job description. Mr. Vanee suggested deleting the last sentence of the resolution as there would nor be any problem operating with just the first sentence. Mrs. Rise~e suggested since nobody was prepared that it be tabled until they are prepared. Mr. Sullivan stated if the last sentence was deleted, he could come back at the next meeting and the pay plan would have to be amended and would fall in with this resolution. Mayor Harmening asked if Mr. Sullivan had seen the job descript±on attached to this resolution? Is it the same one we have been using in the pa~t or the one from Riviera Beach? Mr. Sullivan read the job description and replied that it appears to be the one we had on the books. Mayor Harmening requested Mr. Vance to read Resolution No. 79-F in its entirety. Mr. Vance read proposed Resolution No. 79-P as amended with deleting the ~inal sentence in order to comply with the suggestion of the Personnel Director. Mr. Johnson moved the adoption of Resolution No. 79-F, seconded by Mr. Roberts. Under discussion, Mrs. Riseoe commented that obviously she is going to be out-voted. Just a few months ago, we wanted a check and balance system~ but apparently not all of us are still going along with that thought. She will vote against this resolution. Mayor Harmening referred to the resumes submitted for the City Managerts position and stated that quite a few in describing their past occupation held the job of City Manager and Finance Director at the same time. Mrs. Riscoe re- plied that when they held that ~ob, they have been demoted. Mayor Harmening replied that all the people are looking for a job~ but he doesn't know if they have been demoted. Mrs. Padgett then took a roll call vote on the motion as follows: Vice Mayor Riscoe - No Councilman Roberts - Aye Councilman Johnson - Aye Mayor Harmening - Aye Motion carried 3-1. MINUTES - REGULAR CITY COUNCIL MEETTNG BOYNTON BEAC~ FLORIDA FEBRUARY ~ 1979 Proposed Resolution No. 79-G - Re: Requesting the Department of Tmansportation to Conduct a Traffic and/or Design Study of the Intersection of South Pederal Highway ( U. S. 1) at Woo!bright Road (S.E. 15th Ave.) to Determine if Traffic Congestion man be Eliminated Mr. Vance read proposed Resolution No. Y9-G by title. Mr. Roberts moved the adoption of Resolution No. 79-G~ seconded by Mrs. Riseoe. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Johnson - Aye Councilman Roberts - Aye Vice Mayor Riseoe - Aye Mayor Harmening - Aye Motion carried 4-0. Proposed Resolution No. 79-H - Re: Authorizing and Direeting the Mayor and City Clerk to Execute on Behalf of the City~ the Water Supply Agreement with Briny Breezes Mr. Vance read proposed Resolution No. 79-H by title. He added that a couple of modifications were made in the proposed contract. Mrs. Riscoe made a motion to adopt Resolution No. 79-H~ seconded by Mr, Roberts. No discussion. Mrs, Padgett took a roll call vote on the motion as follows: Councilman Johnson - Aye Councilman Roberts - Aye Mayor Harmening - Aye Vice Mayor Riscoe - Aye Motion carried 4-0. Proposed Resolution No. 79- Re: Establishing Per Diem and Traveling Expenses of City Offieers, Employees and Authorized Persons Mr. Vance advised that this essentially adopts a per diem and traveling expense plan for BOynton Beach based on the State code. There are some blanks included and possibly the City Council may want to evaluate this. The City,is entitled to vary from the State rates~ which are $35 per day and there is practically no place you can go and get a motel room and three meals for $35. Mrs, Riseoe asked if it would be possible to include this on the agenda for the ~aeeting tomorrow night and Mayor Harmer/ng replied negatively. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA FEBRUARY 6~ 1979 Mr. Roberts asked how this came about and Mr. Vance replied that he discussed the matter of travel and per diem expenses with the City Manager and found out we have no resolution. Probably the Finance Department operates under a handicap. This sets up a standard. There will be an'established plan. Essentially this is not attempting to give anybody any money for travel, but it establishes a standard for the Finance Director to use. It is based on the existing State Statute. Mayor Harmening stated since we received this on short notice with some blanks, we may want to table this and take up at the next meeting. It would appear it may have some merit. Mrs. Riscoe moved to table this and bring up at the next meeting, seconded by Mr. Roberts. Motion carried 4-0. Proposed Resolution No. 79-i - Re: Amending Resolution No. 75-W to Provide a New Schedule of Meter Deposits for Water Service Customers of the City Utility System Mr. Vance read proposed Resolution No. 79-I by title and added this was discusseddat the special meeting with Mr. Cessna and relates to meter deposits. Mrs. Ri scoe moved to adopt Resolution No. 79-I~ seconded by Mr. Roberts. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts - Aye Councilman Johnson - Aye Vice Mayor Riscoe - Aye Mayor Harmening - Aye Motion carried 4-0. Other Discuss Area Planning Board "208~ Areawide Waste Treatment Management Plan City Attorney James Vance Mr. Vance informed the Council that there is now a pending pro- posa! to establish a waterm~anagement district lead agency in connection with the 208 Plan. A sample resolution has been pre- pared by the Area Planning Board and the County Commission has adopted it on a 4-1 vote. T Thayare apparently intending to use these resolutions to obtain the enabling legislation. There is some question regarding unauthorized delegation of lecislative authority. He is in the process of obtaining a recent issue o£ the Florida Law Review which he would like to mead relating to this. He does not think this matter needs to be handled tonight. He recommends tabling it until the next meeting. -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1979 Mayor Harmening referred to havina batted this around for a long time in the South Central Region and stated he thinks the consen- sus finally arrived at was there was no really good method every- body completely agreed to in handling this matter. We need to get the 208 completed. Perhaps the South Florida Water Management District may be the best vehicle~ but he can also see some pro- blems with acquiring a tremendous amount of e!out. He has no objections to tabling this until the next meeting. He would be interested in further legal input. Mr. Roberts added that this was discussed and Mr. Startzman recommended this and it seemed to be the only way to go unless someone can come upwwith s better idea. Mayor Harmening added that the Area Plann/ng Board had enough proposals that it was hard to separate the overlaps and conflicts. Mrs. Riscoe moved to table this situation until our next regular meeting~ seconded by Mr. Roberts. Motion carried 4-0. Discussion of Letter of January 5~ 1979, to Governort~ Office by Mayor Edward Harmenin~ and Councilman David Roberts Mrs. Riseoe read the following prepared statement: 'Tn a letter to the Governor's ©ff~ce dated January 5~ t979~ three days after this Council was sworn i~to office, Mayor Harmening and Councilman Roberts took it upon themselves to compose or cause to be composed a request to the governor?s office asking for a special independent investigator to investigate the actions of the Palm Beach County Grand Jury. This action was taken without the knowledge or approval of the other three members of the Council. ~An attempt was made to obtain a copy of this letter from central files~ but it was not put into central files until Jan- uary 18~ 1979~ even though Section 66.2 of the city charter states that all public records~ which this is under section 66.t of the char~er~ shall be delivered within 10 days of receipt of such records. The letter states that there are nine enclosures, but only six have been delivered to central files as of January ~, 1979. ~. ~ ~!!nasmUch as this letter contains the names of various Private individuals and makes certain allegations concerning certain individuals~ I wish to go on record to declare the city not liable under Section 2-4.1t of the city code in the event any lawsuit may arise from this letter. In addition~ I would also like to invoke paragraph (b) of the same section and deny the use of the City Attorney in any defense of any suit which may arise from this letter. I would like to quote Mr. Roberts pious statements from the January 16, 1979 council meeting in which he states (quote) ~the administration of this city is to be carried out by the Mayor and City Council and he does not think we should take it upon ourselves to have a one man opera- t-ion', (unquote) I wish Mr. Roberts would practice what he preaches. -21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA FEBRUARY 6, 1979 ~ad this matter been brought before council as it should havebeen, I~m sure it would have received greater support from the other members involved. With some changes of course. Mr. Roberts is always alluding to Sunshine Law violations, but the action of the Mayor and Mr. Roberts in the composition of this letter leaves many questions unanswered and appears to be collu- sion on their part." Authorization to RetainExpert Witnesses in P~gard to Pending Litigation Mr. Vanee referred to hav~ng a law suit pending with 0eean Ridge involving some property and stated this matter is going to be coming to trial in the near future and he will need to hire a surveyor and title expert. He requests authorization to h~re the necessary witnesses ~or this trial. Mrs. Riscoe moved to allow Mm. Vance to hire the necessary expert 'witnesses, seconded by Mr. Johnson. Motioncarried 4-0. OLD BUSINESS Consider Appointment of Finance Directo~ (Tabled) Mr. Vance informed the Council t~t since this position is classified, it is not appz~priately in front of the City Council and should be stricken from the agenda. Mr. roberts asked if this position has to be advertised and Mr. Vance replied that the position must now be filled pursuant to the personnel regulations of the City for a classified position. He thinks the Acting City Manager has the necessary authority ~nder the existing per- sonnel regulations to proceed with the hiring of a Finance Direc- tor and would assume expeditiously. Mr. Roberts moved to strike this from the agenda~ seconded by Mr. Johnson. No discussion. Motion carried 5-1 with Mrs. Riscoe dissenting. Discuss Printing New Ordinanoes and Bring to Date the Codified Book - Vice Mayor Betty Riscoe Mrs. Riscoe referred to this taking 14 months and sac understands the book is being codified~ but after making a survey of the sur- rounding communities~ she finds there is no need for them to lay dormant for a year. Mrs. Riseoe made a motion to direct our City Clerk to have our ordinances brought up-to-date within a 90 day period. Mr. Vance advised that he talked to the gentleman in charge of the Boynton Beaeh reeodification in Ta!lahassee and attempted to convey to him that we are getting impatient. We are scheduled to have a meeting at whieh they should be presenting some sug- gested revisions. The meeting will be arranged during the latter MINUTES - REGUL~ CITY COHNC!L MEETING BOYNTON BEACH, FLORIDA FEBRI1ARY 6, 1979 part of this month and will take place the beginning of next month. Fourteen months i~ more than adequate time and it is not a simple job. They have received word something better happen. Mrs. Riscoe referred to it having nothing to do with the ones we are wobking on now and Mr. Vance replied he believes they will be taken into consideration when they come. Mrs. kiseoe elarified that her motion was to instruct our City Clerk to hold the ordinanees no longer than 90 days. Mrs. Padgett informed the Council that all the ordinances are on hand in Ta!lahassee at this time. They say it is difficult to codify and revamp at the same time. They have to have a cutoff. Mrs. Riscoe stated she checked with other cities and was told it could work and/or and it should be pursued in the future. Mr. ROberts questioned what the motion would accomplish and Mrs. Riscoe replied that it would set up rules and regulations. They should be sent to the printer and received back within a 90 day period. The other cities get them within two months. Mrs. Padgett informed her that we are in the process of ~ecodifying. Mrs. Riscoe replied that other municipalities get them back in the interim. Mr. Vance asked prior to our signing the contract for reeodifi- cation~ what time span did we encounter getting the ordinances back and Mrs. Padgett replied that it depended on the schedule sending them in. We got one codification each year with cutting expenses. She explained that we m~st pay for blank sheets, etc. Sometimes we get as many as two updates each year. Mr. Vance clarified that essentially what was wanted was to have the ordi- nance immediately printed and into the book, but we pay more money to get it sooner. Mayor Harmening questioned the price differen- tial and Mrs. Padgett replied that we get !00 copies of each supplement. One supplement ran g7.63 per copy and the last sup- plement was g21.60 per copy. It does vary and we try to do it the least expensive way. The ordinances are available and the code books can be marked with all the changes. The index is available to everyone. Mr. Roberts asked if a letter was sent, would we get better ser- vice and Mrs. Padgett replied that she has talked to them twice in the past month and base been assured they will be here the last week of February to establish conference dates with the attorney. She added that it is difficult to work with i~ now. We do have a good number of changes being made and they did ask for a cutoff in order to recodify. Mr. Roberts referred to waiting until the end of the month in view of the situation and this information and Mr. Vanee clari- fied that the book will not be ready at the end of the month, -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA FEBRUARY 6, 1979 but there will be conferences between himself~ the City Clerk and representatives of the Municipal Code Corporation to work out any differences in the way it is being recodified. We should be able to give a schedule for reeodifieation after the meeting. Mayor Harmening clarified that this is beyond the con- trol of the City Clerk at this point. It would be putting her in an untenable position to mandate her to obtain these from the Mur~cipal Code Corporation in a set time frame. He then ascer- tained there was no second to the motion and the motion died. Discuss Disposition of Sidewalks on N. E. 10th Avenue - Councilman Ronald Johnson Mr. Johnson .stated that he did not think the County should turn N. E. !0th Avenue over to the City in the condition it is in. The City cannot make improvements without making assessments. He referred to talking to Mrs, Tinker about this and asked if she had obtained any information. Mrs. Tinker advised that she talked to the City En~neer and submitted memos regarding this. She also talked to Mm. ~Doug~ Dawson. Sidewalks are impossible to do at this time. She explained how people would have to be displaced in order to get the rights-of-way for the sidewalks, Until finding a place for the people to tive~ we could not proceed with it. The Community Development Program gives every consideration to the people involved. The homes are right along the street east ~f Sea- crest Blvd. to the railroad tracks and it would be impossible to get the necessary rights-of-way. Mr. Samuel Wright, 318 N. E. 10th Avenue~ Apartment A~ speaking as a representative and spokesman of the Concerned Voters of Boynton Beach~ came before the Council, In regard to the ac- tions taken by the outgoing Council taken in response to the statements made by Mr. Mitler~ they are still concerned about the hazardous traffic conditions prevailing on that street. They have prepared a proposal. They meeommend !0th Avenue re- main a two lane street. They are concerned about the displace- ment of homes. They do ~ot 'want any residents inconvenienced. The businesses should also be considered and this is a major street. Some of the concern of the citizens is they would like to see sidewalks~ curbs and gutters as well. These specifica- tions are not included in the proposal as they were unable to obtain them from the acting City Manager. They were able to survey the people residing on 10th Avenue~ 30 were in favor of having sidewalks installed. Additionally they did research and Community Development money can be utilized to make improvements. There should not be any cost to the residents for this type improvement. He recommends a fund be allocated in the amount of $1007000 to be used this fiscal year. He recommends the staff and attorney be given some type of direction to confer with the County staff and eitizens in the community to come up with a MINGTES - REGULAR CI~f COUNCIL ~EETING BOYNTON BEACH~ FLORIDA FEBRUARY 6~ t979 plan they all eau live with. He then told about making a survey of the traffie flow of vehicles and pedestrians along this street and how it is used quite frequently. In aeeordanee with the comments just made by the Acting City Manager~ he realizes there may be some problems but thinks there is something we can do about it. This has been a problem for a long time. It is unfor- tunate the right-of-way was not obtained. The Concerned Citizens would like a reply from the City staff or Council by Pebruary 23 giving some idea of things they should pursue next. If they have any questions regarding this proposal, they can call him or Mr. Bill Asbury. He requests them to read the proposal. He will be awaiting a response so they can move forward. He then gave a eopy of the proposal to eaeh Council member and the City Manager. Mayor Harmening stated he would suggest having our City Engineer get together with the County staff and Community Development to see if there is some solution which would be ammicable to all parties if possible. He requested Mrs. Tinker to respond to any questions in the proposal. Mrs. Tinker referred to Mr. Vance having some comments regarding D.O,T. turning over 10th Avenue to the City and Mr. Vance replied that he was currently trying to determine the status of ~. E. !0th Avenue. He told about some new enabling legislation they are researching. He believes the City Engineer should get to- gether with the County~ but if it is built to standard~ thi's means acqu~bing a lot of right-of-way and the relocation of the people must be eonsidered. Ree0mmendations PertairJng to Salary Increases (Tabled) Mrs. Tinker referredl to Mr. Vance meeting with Mr. Sullivan and Mr. Vance statedl he talked to Mr. Sullivan regarding this matter and assuming ~unds are available in the appropriate aeeounts, there is no need for a budget amendment but it eau be submitted with a ~equest for budget transfer. There should he no complication at all. Mayor Harmening declared there was no action necessary. At this time~ Mayor Harmen/ng declared a short recess and then reeonvened the meeting at 10:40 P. M. ~seuss Various Matters Pertaining to the Following Boards and Committees Mrs. Piscoe read a letter from Police Officer Ferrell advising that he was appointed to serve on the Police 0fficers~ Retire- ment Trust Fund~ but understands it is improper because he serves onthe Community Relations Board. He would like to with- draw his name from consideration for the Police Officers~ Retire- ment Trust Fund if the Council feels it is improper as he feels he could better serve the public being a member of the Community Relations Board. -25- MINU~S - REGULAR CITY COUNCIL MBET!NG FEBRUARY 6, 1979 BOYNTON BEACH, FLOR.IDA Community Appearance Board Mrs. Padgett informed the Council that 'two alternates are needed for this Board and one member has submitted that she only resides here for six months. Mayor Harmening suggested discussing the six month res±dency question at a later date. Mr. Vance suggested that this member should submit a letter of resignation. Mayor Harmening asked if there were any nominations for alternates to the Community Appearance Board and Mr. Roberts repli&d that he would like a list of the present members on the Board before making a nomination. Community Relations Board Mr. Roberts referred to the only problem being that Mr. Joe Smith resides here only six months out of the year. Cemetery Board Mayor Harmening stated one member of the Cemetery Board was also appointed to the Con~unity Appearance Board. He believes he has expressed the desire to remain only on the Community Appearance Board. Mr. Vance stated it would s~mplify it if the man would submit a letter of resignation. Mrs. Padgett clarified that actually a letter of appointment to the Cemetery Board was not sent to Mr. Weinshel because she became aware of the mixup. After discussion, Mr. Roberts nominated Mr. Basil Cami!ot to serve on the Board of Governors - Cemetery Board. Mr. Johnson moved that nominations be closed~ seconded by Mr. Roberts. Nomination appointing Mr. Basil Camilot to the Board of Governors - Cemetery Board carried 5-1 with Mrs. Riscoe dissenting. Firemen?s Pension Tr~st Fund (Tabled) Mrs. Riscoe moved to remove this from the table, seconded by Mr. Johnson. Motion carried 4-0. Mrs. Riscoe stated since Mrs. Padgett has gotten in touch with Mr. Larry Chandler and he is of the opinion he does wish to re- main on the Board~ she moves that Mr. Larry Chandler~s name stay in nomination, seconded by Mr. Roberts. Motion carried 4-0. Police Officersf Retirement Trust Fund Mayor Harmening clarified that DeputyChief Hamilton has been elected by the Police Department and the other man elected has withdrawn to serve on the Community Relations Board. He thinks it would be in order to appoint Deputy Chief Hamilton and have the Police Department have another election to come up with another man. -26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1979 Mrs. Riscoe made a motion to approve Deputy Chief Hamilton and the Police Departmentrepetitionfor their second member, seconded by Mr. Roberts. Motion carried 4-0. Planning & Zoning Board Mr. Johnson nominated Mr. Simon Ryder for the vacancy. Mr. Roberts moved that nominations he closed. Motion carried 4-0. Nomination appointing Mr. Simon Ryder to the Planning & Zoning Board earried ~1 with Mrs. Riscoe dissenting. Board of Adjustment Mayor Harmening referred to Mr. Foy Ward having resigned as an alternate and Mr. Roberts stated several members were removed and perhaps would come back. Mr. Roberts moved to accept tb/s letter of resignation with a letter of thanks to Mr. roy Ward, seconded by Mr. Johnson. Motion carried 4-0. Mayor Harmening added that the appointment will be considered at the next meet- ing. NEWBUSINESS Consider Bike Paths on West Side of Congress Between Ocean Drive and N. W. 2nd Avenue Councilman Ronald Johnson Mr. Johnson referred to receiving a lot of complaints from Lei- sureville regarding the closing of the crosswalk next to Publix and stated he would like to direct the City Manager to look into this and see if there is some way to get the County or School Board to constmuct ~a path. Mr. Roberts added that he believes we have a program of bike paths between the County and City and Mr. DeLong added that it is a County project. Mrs. Tinker added that Mm. Frederick is working oni~ and included lh~ re- quirements for this in his budget requests. Mr. DeLon~ stated that if a request is put in to the County~ they will b~ aecommo- dated and the same with the sidewalks. Request Feasibility Study from the Department of Transportation for Placing Traffie Signals at ~010 South Federal Highway (Gulfstream Condominium) and at 2870 South Federal Highway (Colonial Club) Councilman Ronald Johnson Mr. Johnson stated he received formal letters from Gulfstream Condominium representing 2~000 people complaining of the danger- ous situation at the intersection and also numerous complaints from Colonial Club. Mayor Harmening suggested the pmoper proce- dure would be to ask the State through the City Engineer to in- vestigate this and most likely, they will come up with the re- quest they will be happy to install signals if we pay for them. Mr. Roberts asked if a resolution was necessary and ~r. Vance replied that it would add more clout. -2Y- MI~dTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA FEBRUARY 6, 1979 Mr. Roberts moved to prepare a resolution asking for a feasibi- lity study~ seconded by M~So Riscoe. Motion carried 4-0. Consider Appointment of One Member and One Alternate Member to the "208'T Polic~ Advisory Committee Mrs. Tinker explained that the appointment was not limited to Council members~ but could be a member of the City staff if a Council member could not attend the meetings held on Friday mornings. Mrs. Riscoe asked if Mr. Roberts was available and Mr. Roberts replied that he was just appointed to the Treasure Coast Planning Council. After diseussion~ Mrs. Riscoe moved to ask Mr. Carmen Annunziato to represent the City~ seconded by Mr. Roberts. Motion carried 4-8. Mr. Vance added that an alternate was needed and Mayor Harmening suggested that Mr. Tom Clark be the alternate. Consider Reeommendation for Appointment to the Metropolitan Planning Organization Mayor Edward F. Harmening Mr. Roberts referred to this organization also meeting during the day and stated that it concerns the traffie situation. Mrs. Riscoe referred to possibly Mr. Norman Strnad being inter- ested and nominated Mr. Strnad and added when he is unable to attend~ she will take her day off to go in his place. Mr. Johnson seconded the motion. Motion carried 4-0~ ADMINISTRATIVE Establishment of a Boynton Beach Art League Mayor Harmening referred to this being a request from the Reorea- tion Director and advised that backup material has been submitted. He added that ~ small amount of funding will be necessary. Mr. Frederick elarified that this is the creation of an organi- zation only simply to house it inthe old Building & Engineering Department and the cost-will be minimal. Mrs. t{iscoe moved to establish the Boynton Beach Art League, seeonded by Mr° Johnson. Motion carried 4-0. Consider Request from Crab~ee Construction Co., Inc. and Recommendation from Building Official Mr. Roberts referred to the Counoil having to approve this and asked if it would be for a limited time? Mrs. Tinker referred to Mr. Howellts comment that this outfit has always cleaned these prOperties and left them in a neat ~and orderly manner. -28- MiNGTES - REGL~LAR CITY COUNCIL MEETING BOYNTON BEACH, FLOR/DA FEBRUARY 6, 1979 Mr. RDberts moved to grant this request and make a special excep- · tion for this storage of gravel equipment~ seconded by Mr. Johnson. Under disoussion~ Mr. Vance added that it is not City owned propertyand the company will have to deal with the owners. Motion carried 4-0. Consider Appointment of City Treasurer as Acting Head of the Finance Department Mayor Harmening referred to the pay recommendation included in the memo and stated he thinks we would be better served to follow the pay plan and consult the Personnel Director rather than giv- ing ~lanket increases. Mrs. Tinker replied that .she did consult the Personnel Director. In 1974, Mrs. Zobel reoeived $50 per week as Acting Finance Director. In view of the additional personnel, residents and work involved in governmental forms, she felt it would be justified to double the pay paid in 1974. Mr. Sullivan added that this has nothing to do with the pay plan. Mr. Johnson moved to appoint Mrs. Betty Zobe! as the Acting Finance Director with an increase of salary of $100 per week while serving~ seconded by Mr. ~oberts. Motion carried 4-0. Consider Appointment of Actin~ Utilities Director MrS. Tinker stated as the Council is aware, unfortunately our Utilities Director, Mr. Perry Cessna~ resigned to accept a posi- tion in the Phillippines. In view of this fact, she respectfully requests that Mr. Mark Law be appointed as Actin~ Utilities Director, and due to the additional workload involved that he be paid ~100 per week extra to perform in this capacity until such time as we hire a permanent Utilities Director. She selected Mr. Law for this appointment on the basis that he served in this capacitytast year when Mr. Cessna was away and she can assure, having been in the department at that time~ Mr. Law handled the job admirably. Mr. Cessna~s recommendation has been submitted wherein he highly recommends Mr. Law. Also submitted was a copy of the promotional opening for Htilities Director which has been posted ~n all departments and the applications from two Htilities Department employees who have applied for the position of Htili- ties Director. She has discussed this matter with Mr. William Sullivan~ our Personnel Director~ and he agreed that according to Civil Service Rules and Regulations, Section ~4~ a promotional examination is required for this job. Mr. Sullivan feels this should be an oral examination due to the technical background that is required and suggested we obtain the services of the Htilities Directors in the cities of Boca Raton~ Lake Worth and West Palm Beach to administer this verbal examination. Mr. Sullivan plans to schedule this as soon as possible. If our two employees do not pass the promotional examination~ we would then have to advertise for outside applicants. -29- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA FEBRUARY 6~ 1979 Mr, Roberts referred to Mr. Melvin Colgin being the next man in control and stated since it is a temporary position~ ~ would not hurt to have Mr. Colgin in the position. He has the certifieates and licenses. He recommends using him for the time being. Mr. Johnson agreed and stated from looking at Mr, Lawns resume, he does not know if he has the qualifications to handle the job, Mayor Harmening referred to Mr. Johnny Johnston acting as Utility Director when Mr. Cessna was away last year and Mrs. Tinker in- formed him that Mr. Johnston had already retired at th~ time. MaWr HarmeD/ngasked how long Mr, Cessna was gone at that time and Mrs. Tinker replied for 29 days. Mayor Harmening stated he thinks both men are wrong for the posi- tion. In some respects~ he thinks Mr, Law may be a better appoint- ment and in some ways~ there is no question that Mr, Colgin has the betterappearing qualifications'at least on paper. This is a very sensitive and important job. He inquired of Russell $ Axon to see if they could give somebody on a short t~ basis to service in this capaeity, but Mr. Hallman said they did not have anyone available at this time. He is a little reluctant to see either of these men appointed. He would like to get someone who is both technically and administratively qualified even for a short period. He would recommend Mr. Paul Statesman on a part time basis, but this is precluded in view of his health at the present time. This is an extremely important decision. Mrs. Tinker agreed~ but stated we are in a bind, Mr. Roberts stated he reviewed the book Dmt out for the bonds and thinks Mr. Colgin with his qualifications and 15 years experience should be recommended. Mayor Harmeningasked if Mr. Cessna had any observations to make. Mr, Cessna stated at the present time~ somebody is needed even if temporary until they make up their minds what they are going to do. At the present time~ the bulk 6f the thrust ~s in dis~ri- butionand collection. Mr. Co!gin~s knowledge in this area is extremely limited. Mr. Law does have it in that area to take care of it on a temporary basis until someone else is found. Mr. Roberts moved to recommend Mr, Melvin Co!gin on the basis of the background material submitted, seconded by Mr. Johnson. Under discussion~ Mayor Harmening referred to the City Manager resumes submitted and stated that Mr. Walter M. Eisenstein~ Jr. appears to be well qualified in this area. He will be in Melbourne on Thursday and he highly recommends that we talk to him and see if he wou!d be interested in this job instead of the City Manager?s position., According to Mr. Eisenstein~s resume, his primary responsibilities and experience have been in water and sewer. After ~urther discussion, a vote was taken and the motion failed 2-2 with Mayor Harmening and Mrs. Riscoe dissenting. -30- MINUTES - P~GULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOR/DA FEBRUARY 6, 1979 Mm. Roberts stated in view of the fact this thing should not get tied up~ he moves that Mr. Law be appointed as temporary Utilities Director, seconded by Mm. Johnson. No discussion. Motion carried 4-0. Request for Temporary Office/Construction Trailer Submitted by Mr. Jack Pica Mr. Roberts moved to grant tb/s r~quest for a temporary office/ eonstmuetion tmailer for Mr. Jack Pica pursuant to Chapter 30, Section 30-~3of the Code. Mr. Johnson seconded the motion. Under discussion, Mayor Harmening questioned how long this trailer will be on the site and Mrs. Tinker replied that she has no idea and Mr. Keehr added that it will be only on the site for six ~enths. Mayor Harmenin9 asked if it was on the site presently and Mr. Keehr replied negatively. Motion carried 4-0. Consider Recommendation from Planning & Zoning Board - re: Lumber Yards and Their Acoessory Uses Mr. Vance e!arified that the Planning L Zonin~ Board is recommend- inc we amend the Zoning Code and make lumber yards a conditional use in the C-3 zone. Mrs. Riscoe so moved, seconded by Mr. Roberts. Mr. Vance added that the attorney should be directed to prepare the appropriate ordinance and Mrs. Riscoe agreed. Motion carried 4-0. Consider Resolution to County for Demolition of Structures and Clearing of Land in Conjunction with Community Development Project Mrs. Riscoe asked if this had been coordinated with the Housing Authority and Mrs. Tinker replied that she did not think the Housing Authority works in conjunction with this. Mr. Keehr advised that the Housing Authority is forwarded copies of.their paperwork immediately. Mr. Vance clarified that this work is going to be performed by the County and Mr. Keehr agreed. Mrs. Riscoe moved to direct the City Attorney to prepare a reso- lution to be forwarded to the County for the demolition of these struetures~ seconded by Mr. Roberts. No discussion. Motion caz~ied 4-0. Consider Request from Chamber of Commerce for the Purchase of City Maps Mr. Roberts asked if the CiTy paid for the maps previously and Mrs. Tinker replied affirmatively. Mr. Roberts asked if any figures were ~give~ and Mms. Tinker replied that $2,000 was given and if approved, we should grant the transfer of ~unds. Mr. Roberts moved to grant this request and approve the transfer of funds, seconded by Mrs. Riscoe. Motion carried 4-0. -31- i~INUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOR/DA FEBRUARY 6, 1979 Consider Approval of Budget Transfer Requests: l. Contingencies to City Manager/Professional Services 2. Contingencies to Finance/Professional Services Mrs. ~inker referred to bringing these to the Counci!~s attention at the last meeting and stated they were approved, but now an approval of the budget transfers is needed so the bills can be paid. Mr. Roberts questioned how near the completion of the auditwas and Mrs. Tinker replied about six weeks. Mm. Roberts nmved to grant the request from the Acting City Manager for the transfer of funds for Contingencies to Ci~f Manage~/Professional Services and Contingencies to Finance/ Professional Services. Mrs, R~seoe seconded the motion. No discussion. Motion carried 4-0. Applications for Permit to Solicit: 1. Knights of Columbus Trinity Council 4839 2. Arthritis Foundation Mrs. Riscoe moved to grant permission to solicit to the above, seconded by Mr. Johnson. Motion carried 4-0. Applications for ~everage Licenses: 1. Dragon Inn - 3625 South Federal Highway 2. Riviera Pizza $ Restaurant, Inc. - 902 N. Federal Highway Mayor Harmening read these applications. Mr. Roberts moved to grant the request o£ Dragon Inn to sell beer and wine onthe premises~ seconded by Mr. Johnson, No discussion. Motion carried 4-0. Mrs. Riscoe moved to grant the request of Riviera Pizza & Restaurant~since it complies, seconded by Mr. Johnson. No discussion. Motion carried 4-0. Approval of iBi!ls Mrs. Tinker read the following bills for approval: Aqua Chem Co., Inc. Pebble lime for Water Treatment Plant Pay from budgeted funds 401-332-533-30-65 4~407.31 Unijax, Inc. Xerographic paper Pay £rom General Fund 001-000-141-01-00 State contract ~645-!2-~8-2 1,924.15 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA 4~ o o FEBRUARY 6, 1979 Vintage International Cuisine Annual Board $ Committee Dinner Pay from Publicity Fund 101-191-519-40-54 2,028.75 10. MTA Equipment Corp. Two dumpsters for Sanitation Dept. Pay from General Fund 001-341-534-60-86 Council approved 1/2/79 $ 1/16/79 131, 880. O0 11o Russell & Axon 625-681-04-4 Inv. ~14 Engineering services for Regional Lift Stations and Force Mains Pay from Utility General Fund 401-000-169-11-00 Authorization dated 11/19/72 1,533.33 12, Russell L Axon 626-681-08-6 Inv. Resident inspection $ engineering serviceslat Water Treatment Plant Pay fmom Utility General Fund 401-000-169-01-00 Authorization dated 5/8/74 2,611.99 Russell g Axon 626-681-23-3/6 Inv. ~8 Professional serviees- Raw water wells 15 $ 16 Pay from 1978 Water & Sewer System Construction Fund 401-000-169-12-00 Authorization dated 8/18/77 1,852.16 Carpenter, May L Bremer Teaching, training $ eonsultationassistance Pay from General Fund 001-131-513-40-68 Subject to approval of tmansfer 2,932.00 A.E.C.O.A. Est. ~6 Raw water wells 1S $ 16 Pay from 1978 Water $ Sewer System Construction Fund 401-000-169-12-00 Contract dated 4/10/78 291.75 Jones Equipment Co. Breathalyzer unit Pay from budgeted funds 001-211-521-60-42 Per bid 12/12/78, Couneil approved 12/19/78 2,345.00 FOX Valley Marking Systems 30 eases of paint for Street Dept. Pay from Encumbered Funds 001-000-202-01-00 1,470.15 Isiah Andrews Driver for Senior Cit±zens' Club - 3 weeks Pay from Fed. Revenue Sharing Fund 320-871-570-02-5A Ordinance ~73-15~ passed 5/15/73 165.00 -33- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA FEBRUARY 6, 1979 13. Willie Ruth McGrady Server for Senior Citizens Club - 3 weeks Pay from Fed. Revenue Sharing Fund 320-871-570-02-5A Ordinance ~73-!5, passed 5/15/73 144.00 14. Belvedere Construction Co. Est. #2 Water line extension between N.E. 8th L 9th Aves. and in vicinity of S.E. 21st St. Pay from Utility General Fund 401-000-169-01-00 28,765.53 15. Dawson Co. Est. #4 Raw water main - Part C Pay from 1978 Water g Sewer System Construction Fund 401-000-169-12-30 Contract dated 4/10/78 38,277.00 16. International Business Machines Computer rental for January 1979 Pay from budgeted funds 001-133-513-40-21 3,529.00 17. G. A. Industries, Inc. Parts for 18" valve differential at Water Plant Pay from budgeted funds 401-332-533-40-33 705; 90 18. City of Boca Raton Billing for first half budget year for South Palm Beach County Cooperative Dispatch Center Pay from budgeted funds 320-211-521-40-79 81, 000. O0 19. Gersch L Bramuchi Est. ~11 Final estimate on Utility Waterhouse $ Office Bldg. Pay from Utility General Fund 401-000-169-01-00 Contract dated 7/27/76 2,000.00 20. A. Beltran Typewriter Co. Maintenance contract on typewriters Pay from various departments 2,660.88 21. Rubin Construction Co. Est. ~8 N. E. 7th Street Drainage $ Road Construction Pay from Public Works Grant Fund 350-000-247-81-00 Contract dated 1/23/78 22. 23. Allen Insurance Agency Additional premium per audit on Workman~s Comp. Funds to be appropriated with budget revision Intereounty Construction Est. ~3 Part A - Lift Stations Pay from 1978 Water L Sewer System Construction Fund 401-000-169-12-00 Contract dated 10/26/78 20, 2-85. O0 103~ 522.50 -34- MINUTES - RBGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA FEBRUARY 6~ 1979 Intercounty Construction Final Water Treatment Plant Expansion Pay ~from Utility General Fund 401-000-169-01-00 Contract dated 7/9/76 199~ 396.07 25. Lot Service Partial payment for 1-95 Strip Park Pay from General Fund 001-000-115-87-00 Re-imbursah!e fmom Community Dev. Block Grant Council approved 12/19/78 6,000.00 Mrs. Tinker stated she has checked these bills and all are in order and all are charged to the proper accounts. Mrs. Riscoe moved these bills be approved and paid~ seconded by Mm. Johnson. No discussion. Notion carried 4-0. OTHER Discuss Handicapped Aceessibilitv Mrs. Tinker informed the Council that the Community Development Division is planning to improve the rest rooms in City Hall and the Library for the elderly and handicapped. They received bids in the amount of $17,310 and they have allocated $14,010. They are requesting the City to pay the difference of $3,300 because our rest room facilities do have to be updated for the handicapped, particularly those in wheel chairs. This will eomptete the rest room facilities here and at the Library. She also requests appmo- val of the transfer of funds for this. Mrs. Riscoe moved to accept the County bid and pay the difference between the Community Development funding and get the rest rooms brought up to accessibility standards~ seconded by Mr. Johnson No discussion~ Motion carried 4-0. AD3OURNMENT Mrs. Riseoe moved to adjourn~ seconded by Mr. Johnson. Motion carried 4-0 and the meeting was properly adjourned at 11:35 P.M. -35- MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 6, 1979 BOYNTON BEACH, FLO~DA CITY OF BOYNTON BEACH~ FLORIDA ~yor ~~ayo ~ /~/ ~ounei ±man Councilman Councilman ATTEST: Reeor~i~ ' Seeretamy (Four Tapes) -36-