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Minutes 10-08-80MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIT~A;~WEDNESDAY, OCTOBER 8, 1980 PRESENT Edward F. Harmening, Mayor Walter "Marty" Trauger, Vice Mayor Joe deLong, Councilman Norman F. Strnad, Councilman Peter L'. Cheney, City Manager Tereesa Padgett, City Clerk James W. Vance, City Attorney James Wolf, Asst. City Attorney Mayor Harmening welcomed everyone and called the meeting to order at 7:3'0 P. M. He announced the Invocation tonight will be given by Rev. Sylvester Banks, Bible Church of God, followed immediately by the Pledge of Allegiance to the Flag led by Councilman Joe deLong. He requested everyone to please stand. AGENDA APPROVAL Mayor Harmening stated that he has a resolution to be passed. Mr. Cheney stated that he has an additional announcement and would like to delete Item IX-C. Mr. Trauger stated he would like to add a comment under Administrative at the end. Mr. deLong stated he will have an inquiry under Legal - Other. Mr. Trauger moved adoption of the agenda as amended, seconded by Mr. deLong. Motion carried 4-0. Mr. Vance advised that he has some scheduling problems and requested the amendments relating to the election procedures to be moved to the beginning of the agenda and Mayor Harmening agreed. LEGAL Ordinances - 1st Reading Proposed Ordinances No. 80- Re: Amendments to Election Procedures (Tabled from Administrative) Mr. Vance stated at the last meeting of the City Council, there were some directives from the Council with respect to the preparation of ordinances to implement changes in the election procedure of the City. He has attempted to Place the requests of the City Council in ordinance form and these have been passed out with some corrective pages. For the purposes of discussing the ordinances, he has designated the ordinance changing the election date from December to March as Ordinance A, the ordinance eliminating the primary election as Ordinance B and the ordinance establishing dis- tricting in the City as Ordinance C. This has been an ex- ceedingly difficult thing to accomplish because the present code has been adopted at various times and in various pieces and is scattered throughout the charter. In the beginning of the drafting process, he discovered with three independent questions on the ballot, it became a mathematical situation. MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Mr. Vance then explained if one ordinance passed and one or the other did not, different alternatives would be created because all the ordinances are related. He clarified that Ordinance A has one alternative, Ordinance B has two alter- natiVes, and Ordinance C has four alternatives. To simplify this, the three changes would have to be incorporated into one ordinance on a take it or leave it basis. With having these three independent questions, it is quite complicated. He has prepared the three drafts, but believes the Council should take into consideration all the contingencies. Mr. deLong stated the first order of business would be to take these from the table to be in a position to act on these amendments. He so moved, seconded by Mr. Trauger. Motion carried 4-0. Mr. Strnad referred to having a number of things to vote on creating a muddle for the people and suggested taking one at a time. He knows the Council has been wanting to make three or four changes in the election laws for many years, but the first thing to do in his opinion would be to try to coincide our elections with other elections to eliminate the separate cost, etc. His suggestion would be to start in with one, rather than having all the complications. He requested the City Attorney to comment. Mr. Vance replied that this would make his editing burden easier and doing only one would make it simpler. Mr. deLong stated there were several questions on the ballot previously and it was not complicated. These proposals have been in~iated, sponsored or requested by certain people and how can preference be given to one over another? There were five propositions on the ballot on Tuesday and there was no problem. He thinks the wordage should be in easily under- stood language. Mr. Trauger referred to it being complicated to combine into one ordinance and stated he would concur with Mr. Strnad that the most important is to change the date of the election and agrees we should take one at a time. He knows a lot of people were interested in districting, but we should get the date out of the way first and the other things will fall into place. Mr. Vance agreed this would make it simpler. Mayor Harmening agreed with Mr. Trauger's expression. Mr. deLong stated a lot of work was done to get the map set up for districting. Insofar as the date of the election, it is immaterial. He agrees the election date should coincide with other elections, but thinks more people in the City are interested in districting than the election date. -2- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Mayor Harmening stated that March does coincide with other municipalities and referred to other cities having their elections then and the local candidates are not immerged with candidates running for higher office. Mr. Strnad referred to some of these items being on the ballot three to five years ago and stated they failed, so there was no way to tell if there would be confusion if one passed. Mr. deLong added that these propositions were voted upon in 1976 and there were the same amount of votes for and against each one. Mr. Strnad moved to have the particular item regarding chang- ing the dates of election to coincide with other municipali- ties. Mr. Trauger seconded the motion. Mayor Harmening clarified that this motion requests first reading of the ordinance changing the date of election from December to March. Motion carried 4-0. Mr. deLong stated he would like to ascertain how far back on the burner districting is going to be put and Mr. Trauger replied that according to the success or failure of the election date, then districting would be No. 2. Mr. deLong clarified that as far as the date of the elec- tion is concerned, it is not germane to districting or the primary election. Each one stands on their own. With only taking one, there will not be a special election for districting, so it will be put on the back burner until next year. Mayor Harmening agreed that this would probably be the case. Mr. Vance read proposed Ordinance No. 80-41 by title on first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF. BOYNTON BEACH, FLORIDA, ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 61-1889, SPECIAL LAWS OF FLORIDA AS AMENDED, PROPOSING AN AMEND- MENT TO ARTICLE II, CITY COUNCIL, SECTION 15, ARTICLE IV, ADMINISTRATION, SECTION 53, ARTICLE VII, ELECTIONS, SECTION 138 AND SECTION 141, PROPOSING AN AMENDMENT TO CHANGE THE DATE OF THE GENERAL ELECTION FOR THE CITY OF BOYNTON BEACH FROM DECEMBER TO MARCH BEGINNING IN 1982; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mr. Strnad moved' for: adoption of Ordinance No. 80-41, seconded by Mr. Trauger. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: -3- MINUTES - REGULAR CITY COUNCIL BOYNTON B]ACH, FLORIDA Councilman Strnad Councilman deLong Motion ca Mr. Strna~ agenda, s~ carried 4- Mr. Strnad seconded Mr. Vance ANNOUNCEMt Mayor Hark be held or the CouncJ Mayor Har~ Monday, O( Mayor Harn 1980 as FJ member of members oJ on Sunday brothers this will Council mc Mr. Chene5 planned f¢ Vice Mayo~ and expla~ Mayor Hart ment and have visi quested M~ plaque pr~ audience. read a ret OCTOBER 8, 1980 - Aye - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye ried 4-0. ..moved to delete the other two proposals from the conded by Mr. Trauger. No discussion. Motion 0. moved to revert to the regular order of business, y Mr. deLong. Motion carried 4-0. (At this time, left and Mr. Wolf took his place~) :NTS ~ening announced that a budget public hearing will · Saturday, October 11, 1980, at 10:00 A. M. here in .1 Chambers. Lening announced that City Hall will be closed on ~tober 13, 1980, in observance of Columbus Day. ~ening read a Proclamation proclaiming October 12, .refighters Memorial Sunday. Mr. Tim Morman, a the Boynton Beach Fire Department, invited the the City Council and public to a short ceremony October 12, at 8:00 A. M. in honor of their ho have died in the line of duty. He added that be a brief ceremony and they will appreciate the ~mbers attendance if possible. ~ announced that a City-wide Bike Day is being .r Wednesday, October 29. He told about plans for · Trauger to cut the ribbon for the bike system .ned how the bikeway system was being promoted. ~ening referred to having an additional announce- :mall ceremony and stated we are deeply honored to ~ing a Mayor from Bridgend Town, Wales. He re- Lyor Suzanne Jones to please stand. He read the ~sented to him by Mayor Jones and showed it to the He then presented a plaque to Mayor Jones and ;olution in her honor. MINUTES Regular City Council Meeting of September 16, 1980 Mr. deLong moved'adoPtion of the minu~es as submitted, seconded by Mr. Trauger. No discussion. Motion carried 4-0. -4- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 PUBLIC AUDIENCE Mayor Harmening announced if anyone in the audience wanted to address the Council on any item not on the agenda, they may come forward at this time and speak. Anyone who would like to speak on any item on the agenda, please give your name to the City Clerk and you will be called upon at such time as that is the order of business. Mr. James Smith referred to safety and health at the beach and stated up until now, there have been safety ropes in the water at the beach which are helpfUl to the people get- ting in and out. Those ropes have been removed and he has been informed they will not be replaced. These ropes are very important. He explained how a shelf at the edge of ~the water created a problem with getting out and how the ropes had been helpful. Mr. deLong requested comment from the City Manager in reference to this and Mayor Harmening referred to the time being 8:00 P.M. and suggested proceed- ing with the public hearing scheduled first. PUBLIC HEARING Applicant: Location: Use: St. John Missionary Baptist Church, Inc. 910 No~th Seacrest Blvd., Lots 1-24 inclu. Block 3 (entire block) Conditional use for construction of a new church and school Mr. Annunziato clarifiDd that the conditional use is for a private school in the ~-2 zone. The church comes before the Council for site plan ~eview. The applicants are present for the public hearing. Rev. R. M. Lee referred to submitting plans for construction of a new sanctuary and classrooms and explained there would be a sanctuary, cafeto~ium and Sunday School rooms. The plans have been approved~ by the Boards and have met the requirements necessary for construction. Mr. Annunziato explained the location. He pointed out that the large building which centers on Seacrest Boulevard is the church. The cafetorium is a combined auditorium and cafeteria. The school classrooms were initially designed for 29 but have been reduced to 15 to meet the parking re- quirements. 'The conditional use aspect of this refers to the church school as this is not a customary use' in this zone. -5- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Mr. Annunzia%o continued that there are two items of interest on this application with one concerning a variance for the roof height which will exceed the regulation by 10 feet. The Board of Adjustment heard this application on August 25 and approved the additional roof height. The Council has the authority to grant a height exception for the church spire. He then read the considerations to be studied when granting such an exception. He recommends this exception be granted because church spires are usually at this height. Mr. Annunziato referred to the staff comments. He read the following requirements listed by the Building Official: Health Department approval. Hotel and Restaurant Commission registration number. Water Management approval required. Florida registered architect or engineer's stamp re- quired on each sheet of drawings. Copy of variance for structure height. Show handicapped parking and ramps on site plan. Show dimension lines on elevations. Furnish wall sections, stair sections, etc. The Fire Department noted an additional fire hydrant has to be located on this site. The Engineering Department listed the following requirements: 1. Inlet structures required at each end of the french drgins. 2. Inlet structures to be constructed without a bottom slab. Bottom to be below the perforated pipe so sediment can be cleaned out without 3. 1 show existing and proposed elevations and should show existing street eleva- tions. 4. The encroachment of the paving for N. E. 9th Ave. should be shown on the paving plans. The Public Works Department requested consultation regarding the placement of ~o~tainers. The Planning Department's com2 ment has been addressed by the applicant regarding parking. Mr. Annunziato stated the Planning & Zoning Board unanimously recommended that the conditional use for a private school and site plans for a new church be approved subject to staff com- ments. Also, the Board acknowledged that the applicant is reducing the number of classrooms from 29 to 15. They be- lieve this will be a tremendous use in this neighborhood. -6- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Mayor Harmening asked if anyone in the audience wanted to speak in opposition to this and received no response. He asked if anyone was in favor of this conditional use and received no response. He then declared this public hearing closed. Mr. deLong moved to approve this conditional use based upon the recommendations of the Planning & Zoning Board and the fact the variance was granted and subject to staff comments. Mr. Trauger seconded the motion. Under discussion, Mr. deLong added that he would like to repeat the comments which were made at the Planning & Zoning Board with congratulating these people for the improvements they are making in this area, not only in this instance but in the following application. Mayor Harmening agreed that this will be an asset to the neighborhood. Mr. Trauger questioned the completion date for this project and Rev. Lee replied that the target date has not actually been set, but they are hoping it will be completed around 1982. Mr. Annunziato suggested that the Council make formal find- ings on the height exception. Mr. Strnad replied that he is glad that was taken care of as far as the steeple because we approved the other church towards Miner Road about three years ago. Mayor Harmening replied there is no question about this as the findings are that it will cause no encroachment on any breezes or irrigation or infringement on the neighborhood be- cause of the height. Mr. deLong incorporated this into the motion, seconded by Mr. Trauger. Motion carried 4-0. Mr. deLong moved to revert to the regular order of business, seconded by Mr. Trauger. Motion carried 4-0. PUBLIC AUDIENCE (Continued) Mr. deLong asked if Mr. Smith's statement was correct that the ropes are not going to be replaced and Mr. Cheney in- formed him that there have been a number of complaintS because of barnacles on the ropes and that is the reason they were taken down. The second issue pending before the Council is one of the budget deletions was to eliminate $1,200 for the maintenance of these ropes. They were taken down at this time because of the barnacle problem and injur- ies resulting from people using them as false security and going out too far. Mr. Trauger questioned how much service we get out of a set of ropes and Mr. Frederick informed him that the proposed contract is for $1~200 which includes replacing the ropes and refiniShing the buoys twice a year. However, it does -7- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 not include the additional costs for repairing vandalism, which we have experienced with the ropes being cut. They were taken down because the lifeguards reported that people use them for false security and a lot of rescues are made at the rope sites. The people use the ropes for walking out and get caught in rough water. Mr. Trauger referred to receiving four calls on this and stated everyone mentioned the same problem regarding the difficulty getting on the shelf without the ropes. These ropes have given assistance to many people. Mr. Frederick agreed, but added that a lot of times the people go out and fall o~the ropes. Mr. deLong referred to visiting the beach every day and stated most of the people there are very much upset about this. For the amount of money being spent, he believes the people are entitled to this. He certainly would not want to see people drown because the ropes are removed. Mr. Cheney added that people have nearly drowned because of the ropes. Mr. Smith added that $1,200 is worth spend- ing to save a life. Mr. Cheney clarified that it was a safety factor either way it was looked at, but right now the ropes are down because of the barnacle problem. Mr. Smith referred to the ropes having saved many lives and requested them to be put back. Mr. Strnad asked if the ropes are used over again and Mr. Frederick replied negatively and advised they are replaced every six months. Mr. Strnad asked if 2" manila rope was used and Mr. Frederick replied that it is 1½" and explained that sometimes it is manila and sometimes nylon. Mr. Strnad asked if this could be done by City workers and Mr. Frederick replied the main buoys are out deep and the men use scuba equipment to check the anchors in the sand. Mr. Strnad questioned if it would be an advantage to bring the buoys closer to shore and Mr. Frederick replied that it wouldn~!t make much difference and added that heavy wave action makes them bounce around. Mr. Trauger moved to put the ropes back in and then study this, seconded by Mr. deLong. No discussion. Motion car- ried 4-0. Mr. Francis Powers, High Point, added that he swims at the beach every day and explained how the life guards could use boats, but the ropes are still needed. -8- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Mr. Sam Wright, 318 N. E. 10th Avenue, referred to the slogan on the wall above the Council and stated he was elated to see an effort was made to place districting on the ballot. A vote was taken at the beginning of the year and again in September to place districting on the ballot. He is afraid about the direction Boynton Beach is taking. A year or so ago, the attorney's salary was increased to $40,000. How- ever, with the attorney's capability, he was not able to decide how to put the questions on the ballot without caus- ing a conflict. He has looked into other municipalities and they have been able to do what the people want, but we cannot. Many organizations are concerned about districting in our City. When taking a poll, the facts are clear that a few of the Councilmen live in the same area and that is not what government is all about. Last year, the Community Relations Board presented a proposal to consider districting, but nothing was done about it. He doesn,t understand why the Council decided to go with one of the questions in lieu of districting which is a major concern of the citizens. Their concern is not whether a person can get over 50% of the vote or synchronizing the election date with other municipalities. He thought we were trying to go forward and would like an explanation. He doesn't have a legal background, but is sure he could have done what was required to get these questions on the ballot. This has been discussed time and time again, but nothing is being done. The Council's commitments should be carried out. Let the citizens decide about districting. He understands this will be deferred, but he would like to know. where we are going. Mayor Harmening ascertained that nobody else in the audience desired to speak. BIDS Completion of Exterior Painting of Water Tower Mr. Cheney referred to having accepted a bid for this exter- ior painting of the south water tank, but advised that the contractor failed to complete it. It is recommended that this bid be awarded to Sunshine Painting~Company in the amount of $13,300 for completing this job. Mayor Harmening added this will come out of the bond money posted by the last contractor who defaulted. Mr. deLong moved to accept the recommendation of the Tabula- tion Committee and award the bid for completion of the exter- ior painting of the water tower to Sunshine Painting Company in the amount of $13,300. Mr. Strnad seconded the motion. Under discussion, Mr. Strnad referred to the original job being fouled up and added that he hadn't sent in his claim for the paint on his car and Mayor Harmening informed him that the insurance company is liable. Motion carried 4-0. -9- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Polyphosphates -'Annual Requirements - Water Plant Mr. Cheney referred to this being for the annual requirements at the water plant and recommended the bid be granted to the Nalco Chemical Company at the per pound amount. Mr. deLong moved to accept the recommendation of the Tabulation Commit- tee and award the bid to Nalco Chemical Company, seconded by Mr. Strnad. No discussion. Motion carried 4-0. Chemicals for Water Treatment Plant - Sole Source Purchase Mr. Cheney requested that Nalco Chemical Company be recog- -nized as the sole source supplier for a chemical.known as Nalco-1. This is a chemical we are now using in our water plant in connection with some experiments in the implementa- tion of two new-wells. We have confirmed that this product seems to be dOing the job and want to buy it in large quan- tities. This is the sole source supplier and it is re- quested that the Council recognize this. Mr. Trauger moved to accep~ the sole source bid as recom- mended by the Tabulation Committee, seconded by Mr. 'deLong. No discussion. Motion carried 4-0. Construction of Wastewater Facilities for Regional Pollution Control, Section II, Part A - Lift Stations, and Part B - Force Mains Mr. Cheney explained this will serve the Congress Avenue project and west to Lawrence Road. A letter has been sub- mitted relative to this matter. The bids were received and reviewed by Mr. Swan of Russell & Axon. As part of this, the Council should request an increase in funding from EPA. Mr. deLong asked if we have the funds available for our share and Mr. Cheney replied that temporarily they will come out of the wate~ ana sewer account, but we will have a water and sewer bond issue soon and will include additional if needed. Mr. deLong stated he would like to move on this because according to the communication, this represents an increase of $509,865 from $1,760,000. It is appalling to think this would increase by such a large amount of money. Mr. deLong moved to take .~he recommendations as submitted, seconded byMr. Trauger. Mayor Harmening clarified that it was moved a~d seconded to take the recommendations as sub- mitted subject to EPA participation in the increased amount. No discussion. Motion carried 4-0. -10- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Mr. Cheney requested the Council to indicate they are auth- orizing a request for a grant increase from EPA under Reso- lution 79-PP which originally requested funding for this project. Mr. deLong so moved, seconded by Mr. Trauger. No discussion. Motion carried 4-0. SITE DEVELOPMENT PLANS Applicant: Location: Use: Lindberg Development Corp., submitted by Seppo Kulinala, Agent N. E. 4th Street (approximately 200 feet south of N. E. 22nd Avenue) Construction of 10 condo units and pool Mr. Annunziato advised this ~pplication was reviewed by the Technical Review Board and several memos were forwarded to the Planning & Zoning Board. The Building Official listed the following requirements: Board of Health approval. Hotel and Restaurant Commission registration number. Furnish paid receipt for school impact fee, which was deleted by the Planning & Zoning Board. Furnish TOPO for adjacent.property. Back to back parking requires 65' - architect shows 61' on plans. The Public Works Department noted the dumpster cannot be accessed where currently located and suggested paving an additional 10 feet for access ~ the dumpster by the truck. He noted that a small "T" should be provided at the end of the parking bays. The Forester recommended the Silk Oak be replaced with Laurel Oak (Quercus Laurifolia) or Live Oak (Quercus Virginiana). Mr. deLong moved to accept th~ recommendation of the Plan- ning & Zoning Board subject to staff comments, seconded by Mr. Trauger. Under discussion, Mr. Strnad questioned why the Hotel and Restaurant Commission registration number is required and Mr. Howell replied that the Hotel and Restaurant Commission requires plans for anything four units or more be assigned a number by them with an inspection to be done by the City. Mr. Kulinala advised that he called the Hotel and Restaurant Commission and was told they do not want to see any plans for condominium units and only require review of plans for rental units or motels. Motion carried 4-0. -11- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8~ 1980 Applicant: Location: Use: New Mount Zion Baptist Church, submitted by R. Harris, Agent 222 N. W. 9th Avenue - Lots 160-168, Block D, Boynton Hills Construct 175 seat church Mr. Annunziato referred to this plan having been approved previously by the City Council and advised that the approval expired after one year. It has now been resubmitted by the applicant and the plan has not changed. However, owing to improvements by the City and Community Development, part of the road has been constructed. Our zoning regulations re- quire one acre for the site area, but these applicants secured a variance from the Board of Adjustment in 1974 for the square footage. Mr. Annunziato stated this application also comes to the Council with a request for a height exception. In this case, the church spire will sit atop the roof height ap- proximately 23'. The spire will range from 12½ to 13½' providing for a maximum of 36½' from finished grade. The Council will have to address the same items regarding height exception as mentioned previously. Mr. deLong moved to approve the unanimous recommendation of the Planning & Zoning Board to grant this application subject to staff comments and further, grant the height exception. Mr. Trauger seconded the motion. Mayor Harmening clarified that the height exception was granted because the Council determined there are no detrimental~effects on living con- ditions, air circulation, property values, etc. resulting from this exception to the zoning code. Under discussion, Mr. Strnad added that he is very pleas~ that we have a Forester who is recommending Live Oak instead of Silk OaK. Mr. deLong agreed, but stated according to the minutes of the Community Appearance Board, they have a different opin- ion. Mr. Trauger .complimented this improvement to our City. Motion carried 4-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 80-40 - Re: Civil Service - Amend Charter Mr. Wolf read proposed Ordinance No. 80-40 by title on second reading: -12- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTIONS 72.4 - 72.13 OF THE CITY CHARTER, ALSO KNOWN AS CHAPTER 61-1889 SECTIONS 2(5) - 2(14) SPECIAL ACTS OF FLORIDA, 1961 BY RENAMING THE CIVIL SERVICE APPEALS BOARD TO CIVIL SERVICE BOARD, PROVIDING FOR STAGGERED TERMS FOR MEMBERS OF SAID BOARD; REQUIRING ATTENDANCE OF MEMBERS; REQUIRING ANNUAL REPORT OF BOARD; PROVIDING THAT THE BOARD HEARINGS ARE ONLY REQUIRED WHERE AN EMPLOYEE IS SUSPENDED WITHOUT PAY FOR SIX OR MORE CONSECUTIVE DAYS; PROVIDING FOURTEEN DAYS FOR AN EMPLOYEE TO REQUEST A HEARING BEFORE SAID BOARD; PRO- VIDING THAT NO HEARING SHALL BE ADJOURNED FOR MORE THAN SIXTY (60) DAYS; PROVIDING FOR A REFERENDUM OF SAID ORDI- NANCE; ADOPTING A BALLOT TITLE; A SUMMARY OF SAID AMEND- MENT FOR THE BALLOT; PROVIDING FOR A DATE FOR THE REFER- ENDUM; PROVIDING FOR THE CITY CLERK TO TRANSMIT THIS ORDINANCE TO THE SUPERVISOR OF ELECTIONS TO BE PLACED ON THE BALLOT; REQUESTING THAT SAID ORDINANCE BE PLACED ON THE BALLOT FOR REFERENDUM; PROVIDING AN EFFECTIVE DATE FOR SAID ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE AND FOR OTHER PURPOSES. Mayor Harmening asked if anyone in the audience wanted to speak in opposition to this proposed ordinance and received no response. He asked if anyone wanted to speak in favor of this proposed ordinance and received no response. Mr. deLong moved the adoption of proposed Ordinance No. 80-40 on second and final reading, seconded by Mr. Strnad. No dis- cussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman deLong - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman Strnad - Aye Motion carried 4-0. Ordinances - 1st Reading Proposed Ordinance No. 80-42 - Re: Amending Charge for Daily Beach Parking Fee Mr. Wolf read proposed Ordinance No. 80-42 by title on first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 19-38.1 OF THE CODIFIED ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, THE PARKING RULES AND REGULATIONS ON THE CITY'S MUNICIPAL BEACH PROPERTY WITHIN THE TOWN OF OCEAN RIDGE, FLORIDA, -13- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 BY RAISING THE DAILY PARKING FEE FOR CLASS 1, MOTOR VEHICLES FROM $2.00 TO $3.00 A DAY; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVID- ING AN'EFFECTIVE DATE AND FOR OTHER PURPOSES. Mr. deLong moved the adoption of proposed Ordinance 'No. 80-42 on first reading, seconded by Mr. Trauger. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Mayor Harmening - Aye Vice Mayor Trauger - Aye Councilman Strnad - Aye Councilman deLong - Aye Motion carried 4-0. Proposed Ordinance No. 80-43 - Re: Readopt Misdemeanors Mr. Wolf read proposed Ordinance No. 80-43 reading: AN ORDINANCE OF THE CITY OF BOYNTON BE AMENDING SECTION 17-4'2.1 BY READOPTING WHICH PROVIDES THAT IT SHALL BE UNLAWF TO COMMIT WITHIN THE CITY LIMITS OF TH BEACH, FLORIDA, ANY ACT WHICH IS OR BY THE STATE OF FLORIDA AS A MISDEMEAN SAVINGS CLAUSE, AN EFFECTIVE DATE AND Mr. deLong moved the adoption of proposed on first reading, seconded by Mr. Strnad. Mr. Cheney added that a revised copy was d Mrs. Padgett took a roll call vote on the Vice Mayor Trauger - Aye Lng Section 17-42.1 by title on first %CH, FLORIDA, SAID ORDINANCE JL FOR ANY PERSON E CITY OF BOYNTON %LL BE REGARDED DR, PROVIDING A FOR OTHER PURPOSES. Drdinance No. 80-43 Under discussion, istributed tonight. notion as follows: Councilman Strnad - Aye Councilman deLong - Aye Mayor Harmening - Aye Motion carried 4-0. Proposed Ordinance No. 80-44 - Re: Millag~ Rate Mr. Wolf read proposed Ordinance No. 80-44 by title on first reading: -14- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, STATING THE MILLAGE RATE TO BE LEVIED AGAINST PROPERTY OWNERS WITHIN THE CITY FOR THE 1980 - 1981 FISCAL YEAR; FURTHER STATING THE PERCENT BY WHICH THE MILLAGE RATE EXCEEDS THE ROLLED BACK RATE (AS DEFINED BY FLORIDA STATUTES 200.065 (2)) PROVIDING THAT THE CITY MANAGER SHALL HAVE THE AUTHORITY TO ADJUST THE MILLAGE RATE UPON RECEIPT OF THE FINAL TAX ROLL; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURP©SES. Mr. deLong moved the adoption of proposed Ordinance No. 80-44 on first reading, seconded by Mr. Strnad. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Strnad - Aye Councilman deLong - Aye Mayor Harmening - Aye Vice Mayor Trauger - Aye Motion carried 4-0. Proposed Ordinance No. 80-45 - Re: Adoption of Budget Mr. Wolf read proposed Ordinance No. 80-45 by title on first reading: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1980 AND ENDING SEPTEMBER 30, 1981; PROVID- ING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mr. deLong moved the adoption of proposed Ordinance No. 80-45 on first reading, seconded by Mr. Trauger. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman deLong - Aye Mayor Harmening - Aye Vice MayHr Trauger - Aye Councilman Strnad - Aye Motion carried 4-0. Resolutions Proposed Resolution No. 80-JJ - Appreciation to the Mayor of Bridgend Town, Wales Mr. Wolf read proposed Resolution No. 80-JJ by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, IN APPRECIATION TO THE MAYOR OF BRIDGEND TOWN, WALES -15- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8 , 1980 Mr. deLong moved the adoption of Resolution No. 80-JJ, seconded by Mr. Trauger. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Mayor Harmening - Aye Vice Mayor Traug~r - Aye Councilman Strna~ - Aye Councilman deLong - Aye Motion carried 4-0. Other Proposed Ordinance No. 80- Proposed Ordinance No. 80- Re: Tree Ordinance (Tabled) Re: Landscape Ordinance (Tabled) Mayor Harmening referred to there being nothing new on these and suggested they be left on the table. Mr. Wolf added that there have been a number of recommendations from the Community Appearance Board and they will have to go back to the drawing board. Report on Performance BOnds for Swimming Pools by City Attorney Mr. Wolf referred to the unexpected circumstances tonight and advised that he did not have thiS report since he did not have the .chance to talk to Mr. Vance prior to the meeting. Mr. deLong moved to lay this on the table, seconded by Mr. Trauger. Motion carried 4-0. Inquiry from Councilman deLong Mr. deLong asked if Mr. Vance left a report on Los Mangos and Mr. Wolf replied that he has not had the opportunity to look throuqh the material. Mr. deLong stated he would like to make a portion of the minutes of the Commu~±ty Appearance Board meeting of February 21, 1977, a matter of record when Los Mangos made application for development. This is interesting to note because this applicant got of~f the hook and he then read the following from the minu~es: "Mr. Felix Granados, Jr., and another gentleman appeared before the Board. Chairman Reid aske~ if it~was ~their intent to ibuild this in sections and Mr~ Granados informed him that Phase 1 would be 46 units and .th~ sta~ing of Phase 2 would be based on the progress of sales. Chairman Reid advised that a tree planting plan should have been submitted and the representative showed an aerial photo of the site and pointed out the denSe growth of existing trees. Chairman Reid asked -16- MINUTES REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 if they were going to try to preserve the existing trees and Mr. Granados expl~ned how they planned to try to save the existing trees and any which must be removed because of the concrete pads ~r roadways would be relocated. Chairman Reid referred to planting around the swimming pool and the instal- lation of a sprinkler system and Mr. Granados informed him this would all be incorporated in the final landscaping plan. "After further discussion, Chairman Reid recommended that these plans be approved with the understanding that Mr. Granados will submit a final landscape plan to the Board from his landscape architect which will show what trees can and cannot be saved, the screening of the. swimming pool complex and the installation] of a sprinkler system. Mr. Case made a motion to accept these plans on a temporary basis with the provision they come back for final approval." Mr. deLong stat minutes shows quirements and is still devel¢ some recourse He thinks the will compensate thinks we have developing in ed the prime purpose of reading this into the hat this developer was aware of the City re- promised to fulfill those requirements. He ping in the City and he feels there should be yen though the performance bond was released. ity shoUld attempt to see if Mr. Granados for what he didn't do in Los Mangos. He the opportunity since Mrs. Granados is still he City. Mr. Strnad added that he thinks the developers will try to get away with ~s much as they can and Mr. Granados did exactly that. He also thinks the Community Appearance Board was lax and negative in not inspecting this thoroughly before they gave the ~inal approval on it. When he was a member of the Community ~ppearan~e Board, lighting was required at dumpsters and m~ilboxes and at all places where it would be dangerous. He thinks they should take a hard look in the future to be sure everything is done according to the way it is supposed to be. Mr. deLong agreed there is room for improvement, but this man went away Without fulfilling his commitments. Mayor Harmening informed him that the City Attorney is looking into the possibility of taking definitive action. Mr. deLong added t~at bF reading this excerPt from the minutes into the record, it will give the City Attorney something additional to ~eview. Mr. Strnad~addedi that Mr. Granados also said according to the minutes thatI he would provide a space for a recreational building if the people desired and he would like to know where that space is. -17- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 OLD BUSINESS Review 1980-81 Proposed Budget Revision (Tabled) Mr. deLong moved to take this from the table, seconded by Mr. Trauger. Motion carried 4-0. Mr. Cheney stated the issue here is a followup to the last workshop session the Council had on the proposed budget on which there will be a public hearing on Saturday. The Council indicated a number of things they would like to. see done. He tried to respond in a memo dated October 7. He put back the $50,000 for streets and $42,000 for the City Hall roof and eliminated $22,000 suggested revenue from cemetery lot sales leaving $30,000. In addition, the Council asked us to look at eliminating some of the positions pro- posed which have been eliminated. He was asked to look at recreation fees and the raising of fees might be considered and a detailed report was submitted. Mayor Harmening stated all the members of the Council received a copy of the City Manager's memo which is self-explanatory. Mr. Cheney referred to just passing an ordinance to raise the daily parking fees at the beach from $2.00 to $3.00 and advised that it is suggested that the price of the annual decals be raised to $3.00 effective December 1, 1980. Mr~ Strnad agreed this fee should be raised and told about paying much higher in New York years ago and suggested raising the decals to $5.00 per year. Comments followed regarding which fee would be acceptable. Mr. Trauger clarified that the increases noted in recreation are believed to materialize throughout the year and Mr. Cheney agreed this was correct. Report on Plants for a Pittance Mr. Cheney read the following report: March 27, 1980 - In response to a request from Bob Seither to have the alley known as Dewey Place abandoned so that he,could take steps to clean this alley, and in return use a portion of this alley, the City Engineer was asked to review a history of the ownership of this alley. The alley was dedicated to the use of the public, reserving to those who dedicated, it, the heirs and assigns, the reversion or re- versions thereby, whenever the public use of the alley was discontinued by law. -18- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 April 4, 1980 - In response to the request by Bob Seither to either have this alley abandoned or used, and in response to the information concerning how it came into partial City ownership, the City Attorney was asked for his opinion on the possible use of this alley. April 30, 1980 - The City Attorney responded that if the alley was abandoned it would revert to the original dedicator rather than to the abutting property owners. And it was his recommendation that if the alley was to be used, the City utilize a revocable license that would allow use and maintenance by adjoining property owners. The revocable license or permit that was executed included the phrase that the permit could be revoked by the City Manager by the filing of a Notice of Revocation in the public records of Palm Beach County, Florida, or by the giving of notice to the permitee(s) by mail at the appropriate address. May 23, 1980 - On May 23, 1980, a letter was sent to Bob McFerren, President of the Boynton Center Condominium No. 2, located at 305 East Ocean Avenue, the condominium that abuts the alley to the east and that would be most directly affected by the use of the alley because of its location and the impact of the alley. June 6, 1980 - By telephone, Mr. McFerren indicated he had talked with people in the condominium and they had no objection in reference to beau- tificatio~ and use of this alley. July 1, 1980 - The City Council held a rez~ning Public Hearing for the land to the west of the main building of Plants for a Pittance, and denied that rezoning. *See min. of 10/21/ 80 July 1, 1980 - The City Council reviewed the proposed revoc- able permit for Plants for a Pittance, oper- ated by Bob Seither, for the use of the alley, and the City Council granted this permit. As I indicated at the City Council meeting of September 16, 1980, at the time the revoc- able permit was granted, nobody thought of the fact that this Dewey Place had become a non-conforming use prior to the recent zoning activities, and even though zoning in'the same -19- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER % 1980 area was denied on the same evening, the connection concerning the non-conforming alley was not thought of. July 2, 1980 - The revocable permit was executed. Sept. 16, 1980 - At the City Council meeting, questions were asked concerning the background for the grant- ing of the revocable permit. SUMMARY: 1. Some of the terms of the easement in- cluded that "no improvement, strUcture, wall or fence (exCept to the north and east side) shall be constructed on said property without the permission of the City Manager. Also, a temporary irrigation system for the purpose of watering goods will be allowed." Furthermore, "the permittee shall keep the property free of debris, garbage, trash and overgrowth as required by local law. The permittee shall save the City harmless from any claims, liability, judgement, costs damages and expenses which may accrue against, be charged to, or recovered against the City by reason of the use of said pro- perty by the permittee." And that the "per- mittee shall maintain liability insurance." As indicated earlier, the permit provides that this permit may be .revoked by the City Manager by the filing of a Notice of Revo- cation or giving a notice to the permittee. 2. The current revocable permit is clearly in violation of the Building Ordinance and should be revoked. A copy of the executed permit is attached, as well as a copy of the letter to Mr. Bob McFerren and a copy of the letter recently received from Ralph H. Smith. Mr. deLong stated from his information, this is in violation of an existing City ordinance and not only that, a fence was erected without a permit. He moved to revoke the permit. Mrs. Padgett advised that two people have requested to speak and Mr. deLong withheld his motion. Mr. Crenshaw, an attorney representing Mr. Robert Seither, came before the Council and stated he will reserve his com- ments to respond to anyone. -20- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Ms. Bertha Welch, 306 N. E. 1st Avenue, stated she represents Boynton Center No. 1. She hopes this Council will not only revoke this permit, but will restore her faith in City govern- ment and the City Council. The people were here and opposed this. Since they were here, a fence has been installed on Ocean Avenue. She would like to ask the City Manager what would happen in the case of a fire with this alley being blocked to the two story condominium and Mr. Cheney replied it is no different than the situation where the property line abuts and no alley is there. Mr. Cheney clarified that he explained this situation was an error. It was an oversight as far as the non-conforming use. The sprinkler system goes all over. Mr. Crenshaw stated that Ms. Welch lives to the north and the wind was blowing from the east, so the sprinklers were on his client's property. The alley was previously not accessible or used. The cost of improvements made by his client must be considered. Permanency would be granted in with the prior use. This is a permissive use allowed by the permissive document created. This use is not disturbing the zoning. The cost and benefit should be considered and the permit not revoked. Mr. Wolf stated the City has no choice in this case as we cannot allow the expansion of a non-conforming use whether temporary or permanent. Mr. deLong added that it is a revok- able agreement and is in violation and the people are dis- turbed. Mr. deLong moved to eliminate this permit, seconded by Mr. Trauger. Mayor Harmening clarified that it has been moved and Seconded to revoke this revokable permit. Under discus- sion, Mr. Cheney added that he thinks it is fair to report at one time after the permit was granted, Mr. Seither indi- cated he had second thoughts about how much investment to put into thiS realizing the comments made at the zoning meeting. He thinks Mr. Seither realized at that time that it was a risk. However, Mr. Seither did proceed after having those considerations about the risks involved and the 'revokability of the permit. We did not talk about non- conformity as we did not think about it. The issue appears that we have to revoke it because the use cannot be expanded. Mr. Crenshaw referred to the matter of revokability and the Council being required to do so and stated if they assume the business is non-conforming and assume there is no use whatsoever, then there is no use for the right-of-way. It takes away the reasoning of what to do with the property. The City doesn't want the original land owner to see it is not being used or it would revert to him. The City cannot use it since they have no use for it. This lady lives -21- MINUTES - REGULAR CITY COUNCIL B©YNTON BEACH, FLORIDA OCTOBER 8, 1980 40 feet away from the sprinklers and she doesn't want to use the alley. Mr. ~Seither is using the alley for storage and the City could Use it for storing tractors. Mr. Seither spent $5,000 and is not hurting anyone. The neighbors most affected appreciate what he has done. The City Attorney says it must be revoked because it is a non-conforming use, but he has yet to be shown an expanded use definition. If- the City uses it for storage, then it would not be expanding a use? The City still has control and he doesn't see how it is causing any problems. He respectfully requests the Council not to pass this motion. Mr. Seither has part of his property grand~athered in with the use and has nothing on the other part of his property. He has yet to see where it is defined that when it is used for storage, that it is a non-conforming use and the City has lost control. He suggests that this revokation not be acted on. It has not been shown it is a non-conforming use. which requires this type of action. Mr. Trauger admitted that the City Council has been rather rough on Plants for a Pittance. However, we have made an error. We must straighten it out. We are resting upon the decision of our attorney, the ordinance and the recommenda- tion of the City Manager. He can only see this Council rectifying this error and admitting it is hard on Plants for a Pittance. Mr. Strnad added that h~ is concerned for Mr. Seither. He voted for this to be allowed. As much as he thinks Mr. Seither should have Pla~ts for a Pittance there, he doesn't want to go against the ~dvice of the attorney. He thinks this is one thing which/has to be fought out in the courts. If he takes the advice ¢ be doing a disservice t¢ Mr. deLong stated he is this particular matter. the agreement knows it City can revoke it. Wh~ was not told what it wag violation of a City ordJ After attention was call more errors. Mayor Harmening stated applicatiOn came up, nor panding a non-conformin¢ ,f Mr. Seither's attorney, it would the City. not too concerned about any suits in He thinks the~gentleman who signed ~as a revokable agreement and the ~n this came before the Council, he ~ all about and that it would be in .nance. It came as a routine matter. ed to it, we cannot compound it with .hat he feels the same. When the .e of us realized that it was ex- use. There is a question in his mind since this is City property and not owned by Mr. Seither, whether this is actually expanding a non-conforming use. He thinks it might be debatable. He does know if he had been aware Of this possibility, he would not have voted for the permit. He sympathizes with Mr. Seither. It seems -22- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 peculiar the people immediately adjacent have no objections, but the people up the road find some fault. It would appear this would enhance the area. There certainly was nothing in the alley to beautify it previously and with plants, it should be reasonably attractive; however, it probably would be compounding an error with leaving it go. Mr. Crenshaw requested an amendment that something be pro- vided to compensate Mr. Seither with the problem he finds himself in and Mr. deLong replied that he was n~ in favor of such an amendment. Mayor Harmening agreed that would be out of the question. He does have sympathy, but it does not extend that far. Mr. Crenshaw again referred to the money spent by Mr. Seither and Mr. deLong stated that he upholds the law and that is why he is serving. He doesn't represent the busi- nessmen, but everyone in the City and particularly the people who have been hurt. Even though this woman lives so far away, she is within limitations of those people who are concerned. She is contiguous and has the right to com- plain. Motion carried 4-0. Review of Cemetery Masoleum Proposal Mr. Cheney referred to the developer asking for the mausoleum proposal to be put on the Planning & Zoning Board agenda for site plan~approval and advised the application has to be signed and the land owner is the City of Boynton Beach. On some things, he feels comfOrtable signing the name for the City Council, but he does not believe the mausoleum has been discussed by this Council and he did not feel he should sign the application until the City Council reviewed the status. Mr. deLong requested his recommendation and Mr. Cheney sug- gested that the Council review the application and if satis- fied as the property owner, it can be recommended to the Planning & Zoning Board or go back to the Cemetery Board. Mr. Trauger~added if we decide to go ahead, it should go through the full procedure. Mr. Osborne clarified that he submitted six complete sets of plans to the Planning & Zoning Board. His concern is when this was presented, he did not think in terms of the City and Mr. Annunziato suggested that the City sign as the owner. The contract has been signed and they are ready to proceed with the building. They would like to break ground and get started. -23- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Mr. deLong referred to this having been approved by the City Council and Mr. Cheney stated he wanted to be sure they under- stand where this building will be located and the impact. Mr. Annunziato showed a plan and stated based on the informa- tion which has been submitted, he has tried to locate the first phase with respect to the c~enter line of Woolbright Road and the center line of Park or Perimeter Road serving the ball park. The north edge of the overhan~ of the build- ing is approximately 190 feet south of S. W. 15th Avenue as shown on the 1973 map of the cemetery. He believes we need a survey to tie in the location of this building. It lies approximately 53 feet from the center line of Perimeter Road. The drive through is located to the north of the east/west road in the cemetery. He thinks there was some question whether the building was to be centered on the T section. The parking for this facility has none proposed as the cars would use the driveways which exist in the cemetery. Mr. deLong asked how long ago this was approved and Mayor Harmening replied about two years ago. Mr. deLong asked if there was a rendering or prospective and Mr. Annunziato showed the floor plan. Mr. deLong asked if the Building Department reviewed the plan and Mr. Annunziato replied the City staff reviewed the plans and the Building Depart- ment noted that no restrooms were provided in the building. Mr. deLong ascertained there were no changes from the ori- ginal proposal. Mr. deLong moved to refer this plan to the Planning & Zoning Board and let the City Manager sign the application. Mr. Osborne stated where the building is placed on the ceme- tery's property is of no concern to them except that it be aesthetically pleasing. He would like the Council to give Mr. Annunziato or Mr. Cheney a suggestion for placement of the building. Mr. Annunziato added that land has been allo- cated and pointed out the proposed location. Mr. 'deLong asked how the Cemetery Board feels and Mrs. Padgett replied in the basic design, it was to be at the westerly extension of the cemetery drive with the cemetery road to remain open. If there is a problem with it being at that point, it could be discussed and resolved. Mr. deLong suggested that the CemeterY Board handle this and Mr. Osborne agreed this would be satisfactory. Mr. Trauger then seconded the motion. Mayor Harmening clari- fied that it has been moved and seconded to forward this application to the Planning & Zoning Board with the City Manager signing the application and the exact location to be coordinated with the Cemetery Board. Mr. Annunziato added that the Cemetery Board will be notified when this is going to be placed on the Planning & Zoning Board agenda. Motion carried 3-1 with Mr. Strnad dissenting. -24- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Report on Lot Mowing Program Mr. Cheney referred to submitting a report and they reviewed the summary of lots mowed. Mr. Trauger questioned how long it takes to go through the City with the lots we have to mow and Mr. Cheney replied that right now, we are up-to-date pending the 30 day letter. He doesn't know how many lots there are because it depends on the number of complaints and the people who do not mow their lots. Mr. Trauger asked how long after a lot is mowed, do we do it again and Mr. Cheney informed ~him if we are authorized to continue to mow a lot, it is kept on an inspection list and will be mowed about once every two months. If we are not authorized to mow on a continuing basis, the lots are inspected periodi- cally and we write another letter. A list is used for inspec- tion purposes. Mr. Trauger referred to the City being in the worse condition that he has ever seen and stated he would like the lots kept down to a reasonable degree. Mr. Cheney stated it is worse because of the tractor problems and with increasing the fee and rewriting the ordinance, letters had to be sent out. He does not think we will have a problem keeping up with the number of complaints now. Mr. Trauger asked if we have a backlog now and Mr. Cheney informed him that nine lots are scheduled for tomorrow and that is it. The rest scheduled are pending the 30 day letter notice time. It is continuing to go smoothly now and we probably will never have more than a days worth of work at a time. He is confident now that it is restructured and we have records, we can keep up with it. We can do 10 to 15 lots per day. Mr. deLong referred to receiving complaints about the clippings left behind and he knows the system is to have others picking it up, but it seems they don't do it. Mayor Harmening stated that the Mayor from Wales says Boynton Beach is one of the cleanest cities she has ever seen. He then declared a five minute recess and reconvened the meeting at 10:00 P. M. NEW BUSINESS Easement Grant & Agreement - Tartan-Carma Mr. Cheney referred to having an original easement grant and agreement for execution by the City and advised that Mr. Cessna recommends we do this. He explained that it is re- lated to a person owning land where we want utility lines to go over. -25- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8., 1980 Mr. deLong referred to having read this agreement thoroughly and moved to execute this agreement. Mr. Trauger seconded the motion. Mayor Harmening clarified that it has been moved and seconded to approve this agreement and authorize the proper parties to execute the agreement. No discussion. Motion carried 4-0. Pine Tree Country Club Homeowners Association Utility Agreement Mr. Cheney informed the Council this is an agreement for an area outside the City. It has been reviewed by Mr. Cessna, the City Attorney and himself and it is consistent with City ordinances and Health Department Requirements. It is recom- mended it be approved. Mr. deLong stated based on the recommendations, he moves to execute this agreement, seconded by Mr. Trauger. No discus- sion. Motion carried 4-0. Shopping Center on Military Trail Utility Agreement Mr. Cheney referred to deleting this item and advised there were some changes made by the developer and it should be re- viewed further. ADMINISTRATIVE Expiration of Term of Office on Boynton Beach Housing Authority Mr. Trauger moved to take this from the table, seconded by Mr. deLong. Motion carried 4-0. Mr. Trauger recommended and moved that the City Council ap- point Dr. David Brainard, 317 S. W. llth Avenue, and told about his qualifications. He added that he thinks Dr. Brainard would be an asset from his interest and experience to this Board. Mr. Strnad moved that nominations be closed, seconded by Mr. deLong. Motion carried 4-0. Mayor Harmening caIled for all those in favor of the nomina- tion submitted by Mr. Trauger and the vote was 4-0 in favor. Report on Firing Range Mr. Cheney requested this to be left on the table. Seacrest Swale Construction/Hypoluxo Utility Work Mr. Cheney referred to some utility construction taking place on North Seacrest Boulevard b~tween 19th and 26th AvenuEs in connection with our agreement to provide utili- ties for Hypoluxo and advised a question came up about the -26- MINUTES - REGULAR CITy COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 restoration of the swale on the east side and how to go about it. The contractor is only obligated to restore it to the condition the swale was in. There is both an aesthe- tic question and drainage question. Regarding drainage, there are only about five lots north of 19th Avenue affect- ing drainage problems and they should be restored in some acceptable way which would include raising the driveways to some extent and installing swales. The question was also addressed of doing this up to 26th Avenue. The ques- tion was raised whether we should take over the swale re- storation to make Seacrest Boulevard look better. Some problems with restoring swales properly has to do with trees. There were some suggestions to cut down the trees and replace them with a different kind of trees. The con- tractor will give us $2,500 if he is relieved of any work in that area above general grading. The contractor will proceed with putting in sod and doing all the driveways properly and doing what he can with the tree roots. He would do the whole thing at 35¢ per sq. ft. which would be about $13,000. Mr. Clark clarified that the contractor gave the price of 30¢ per sq. ft. doing from 19th to 26th Avenues. Mr. Cheney continued that this is a lot of money for beauti- fication where drainage is not being solved. One option is to take the $2,500 and do the best we can with sod and our own manpower. He added that a lot of handwork around the trees would be necessary to make it look decent. He is not sure what our direction should be. We must take steps to address the first five lots and thinks we can work out something with the contractor. He would be interested in the Council's feeling about moving ahead with this project. The contractor could put in seed and it may look decent, but there may not be enough water to make the seed grow. Mr. Trauger asked if the contractor would fine grade it enough to plant seed and Mr. Cheney replied that he will have to under the requirements to restore it. Mr. Trauger suggested taking care of the first five lots and putting in swales and from there on trying the first, ap- proach with the contractor fine grading it and putting in s~ed with encouraging the people to water it during the dry season. Mr. Strnad stated from his experience with seeding in Florida, unless there is very rigid control of it, the seed is usually wasted which is put in with it raining too much and having it wash into a pile and drying out. It should be covered with straw. The additional cost of putting in sod would compensate for the loss of having to do it over again. -27- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Mayor Harmening suggested that we keep in mind when any water line improvements are being made that where there is the possibility of enhancing the swale area with the installation of a pipe line, it should be included in the plans and specifications even when the developer puts in the pipe line. Mr. Cheney agreed, but explained this con- tractor was working for Hypoluxo and the contract was from way back. He added that maybe we could prevail upon him to put in seed and cover with straw since we have a perform- ance bond. Mayor Harmening stated that actually it should be the contractor's r~spon~ibility not only to seed it, but to water it until it grows. This should be incorporated into the specifications. Mr. Clark advised that unless the contract has special pro- visions, it is to be ~estored to equal or better. This contractor does have ~ictures of what it looked like. We can make him restore it to the waY it was. Mr. Strnad asked what the contractor plans to put in and Mr. Clark replied he bas noted 30¢ per sq. ft. to put down sod. Mr. Cheney referred to grass and Mr. Clark explained the difference of grass growing from seed and added that we could expect the people to do a little watering, but the contractor will not water the grass. Mr. Trauger moved to go ahead and fix the first~ five lots and let the contractor seed the others and see what happens. Mr. Cheney agreed this was the best arrangement in consid- ering the cost. We will work closely with him to get it to look as good as possible. Mr. Strnad seconded the motion. No discussion. Motion carried 4-0. Mayor Harmening stressed that the City should keep in mind in the future on these~ type of projects to incorporate swales where necessary. Recommendation from Planning & Zoning Board - Proposal for Condominium Recreational Building Parking Requirements Mr. deLong moved to ~pprove the Planning & Zoning Board's unanimous proposal a~ modified and instruct the City Attor- ney to prepare the appropriate amendment to Section ll-H Off-Street Parking. Mr. Trauger seconded the motion. No discussion. Motion'carried 4-0. Request by B.o_~o~n~ Cent_r_al. park, .PIED_, Richard Schultz,. Trustee Mr. Cheney referred %o this being a Planned Industrial DeVelopment which was granted sometime ago to the previous owner and advised at that time in connection with the PID, MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 there was a condition as part of the approval that the streets would be public streets. Mr. Schultz has indicated in corres- pondence that he would like to have it considered having these changed to private streets. An opinion was submitted from the City Attorney's office in response to his inquiry and indicates that the Council must make the determination whether this change is a substantial change. If it is not a substantial change, it can go back to the Planning & Zoning Board. If the Council concludes this is a substantial change, then it must go through the whole rezoning process. Mr. deLong asked if there was any input from the City Planner or Planning & Zoning Board on this and Mayor Harmening replied there wasn't to his knowledge. Mr. deLong stated that we permit private roads and he cannot see where it would be a substantial change. The City is not responsible for maintenance, street lighting, police patrols, etc. then. He thinks this development will have security of their own. Mayor Harmening agreed and added there will still be the same number of streets. Mr. Trauger referred to this being discussed and questioned why the streets should be public so the people could wander in there around industrial buildings and Mr. deLong replied that he thinks the concern was in regards to the City sink- ing wells. He believes we can get as much ingress and egress with public or private streets. He thinks it is a waste of taxpayers' money to make these public streets. Mr. Trauger stated from the type of industry they are going to attract, he is in favor of their security and agrees with their arguments. Mr. Cheney stated that he suspects it was proposed as public streets and granted as such. There is an excess piece of right-of-w~ay from 1-95 which the City is taking steps to obtain and there is question of access to that land. There is no problem of access to the wells. There would be two pieces of land we would not have general access to if the streets are private. Mayor Harmening suggested possibly having a right-of-way or option to the other pieces of ground. Mr. Annunziato clarified that the land would be landlocked, but we could have municipal ~cess if not general access. The final plat was prepared with 60' right-of-way abutting the railroad right-of-way if the land was developed. -29- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Mr. deLong moved to refer this to the Planning & Zoning Board for processing. He added in watching the Planning & Zoning Board and City Planner, he knows if there are any requirements regarding theSe, they will work it out. He is in favor of private streets and determines this is not a substantial change. Mr. Trauger seconded the motion. Under discussion, Mayor Harmening requested the minutes to reflect that there is some concern of the Council regarding the D.O.T. land to the east which the City should reserve some access to. Mr. deLong agreed and stated the Planning & Zoning Board and City Planner would be capable of taking care of this situation. Mr. Strnad asked if this takes into consideration a cul-de-sac to accommodate fire trucks and Mr. Annunziato informed him that the streets which terminate at the railroad will be served by cul-de-sacs. Mr. deLong clarified that the same requirements would have to be met as in housing developments. Motion carried 4-0. A-95 Metropolitan Clearinghouse Review - F & R Builders, Inc. Mr. Cheney referred to this being one of the projects going on in the City and stated he could see no reason why the City Council would not support it. Mr. deLong moved to approve this A-95 Metropolitan Clearinghouse Review, seconded by Mr. Trauger. No discussion. Motion carried 4-0. Request for Cemetery Refund - Harold Blackmore - Lot 209, Blk B Mr. deLong moved to grant this refund less the customary 20%, seconded by Mr. Trauger. No discussion. Motion carried 4-0. Consider Co-sponsoring C.A.R.T. (Community Artist Residency Training) with Chamber of Commerce Mr. Cheney informed the Council that this is a request by the Chamber of Commerce to co-sponsor this program. There will be an artist in residence provided by this association at various times. There will be attempts to raise money to support this program. Mr. deLong asked if they were asking for a grant and Mr. Cheney replied negatively, but we will participate with raising money with the Chamber of Commerce. Mr. deLong moved to co-sponsor this with the Chamber of Com- merce, seconded by Mr. Trauger. No discussion. Motion car- ried 4-0. -30- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8 , 1980 Request Extension of Rezoning - Mode, Inc./Culverhouse Mr. Cheney informed the Council that the recommendation is to extend this for 120 days. Mr. Annunziato added that ap- proximately 1½ years ago, the Council rezoned this land and also annexed a parcel of land into the City. The rezoning was consistent with the Comprehensive Plan. It did reduce the density to R-2. It. his recommendation that we do offer an extension, but that it be limited to filing the prelimi- nary plat within 120 days. Mr. Dan Jones, 707 North Flagler Drive, West Palm Beach, attorney representing the applicant came before the Council. He advised that the developer has made the decision to go forward with this development. It didn't happen in the time originally thoug~ because other ongoing developments needed attention. He is told by Mr. Corbitt that the preliminary platihas bee~ ordered and they intend to build this project. He is agreeable to 120 days. Mr. Trauger moved to extend the existing zoning 120 days. Mr. Wolf asked if he was comfortable by the fact this is not done by ~rdinance to amend the prior ordinance and Mr. Jones replied affirmatively and added that he is willing to take that risk as it is a good development. Mr. deLong seconded the motion. No discussion. Motion carried 4-0. Request from North Boynton Community Improvement Association Mrs. Dee Zibell±, Chairman of the North Boynton Community Improvement Association, came before the Council. She stated that ~ometime in June, she discussed with Mr. Cheney about their association sending out a letter to everyone in ]~orth Boynton to inform each individual of the codes and or~inances most flagrant in their area. With the help of Mrs. Moor~, they narrowed it.down to a few of the most flagran'5 codes and discussed sending out a news letter. They would a~dress all these and pay for the postage and feel by doin~ thi~, the notice would get to the individual person. She submitted a copy of the letter they intend to send. They bad nQ idea how to get to the people just in the north end. ~hey ~ound they would n~ed the Water Department list coverin~ the North Boynton residents only as it is the most updated_ Th~s mailing will take approximately three to four months.! This is felt to be the best way to reach the people. They are requesting a copy of the Water Department list for the North Boynton area only. Mayor Harmening informed her that there have been requests from time to time for these lists and some organizations have offered to pay for them; however, the only ones the Council saw fit to turn the list over to was the F.O.P. or Fire Department volunteers. -31- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Mrs. Zibelli stressed that this will help the City by telling the people what the violations of the codes are. She took a survey and the few notices put on the back of water bills are not read. Mayor Harmening replied that in the past, some people have tended to ignore anything the City has put out. He appreciates their concern and effort of trying to help, but doubts they would be more successful than the City. Mrs. Zibelli stressed that she wants to get people involved and told about serving as a liaison between Rolling Green School and the community. Mayor Harmening requested comments from the Council. Mr. Trauger stated he did not see where this was going to do that type of good. He doesn't think we should start the precedent of giving out the Water Department lists. All kinds olf organizations will then request it. Mr. Trauger then requested a legal opinion regarding pri- vacy and the use of lists of names and Mr. Wolf replied that these lists are public records and are available to anyone who wants to make copies, like in the State. He told about a case with personnel records being declared public records. Mrs. Zibelli asked if the list has been given to anyone previously and Mayor Harmening replied it has been given to the Police and Fire Departments. Mr. deLong suggested that someone could come in and copy the list and Mayor Harmening explained that it is now on the computer. Mr. Cheney added that they are printed in a book periodically and someone can come in and copy that. Mr. Trauger referred to not being allowed to furnish a list of his cOllege students and Mr. Wolf replied that he would have to take a specific look at the federal law. He knows how Florida law has applied.~ He would like to do some legal research on this. He must determine if this would be considered a public record under the statute. Mr. deLong added that he believes they are trying to do their public duty, but we are coming into election time and every candidate would want a copy of the list if we gave it out. Mrs. Zibelli informed him that this was started in June. Mr. deLong commented that this should have been done then prior to the campaign. -32- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Request to Place a Construction Trailer on site - Arden Park, Lots 40-43, Submitted by Tim Wood Corp. Mayor Harmening asked if everything was in order and Mr. Cheney replied affirmatively. Mr. Trauger moved to approve this request, seconded by Mr. deLong. No discussion. Motion carried 4-0. Traffic Control Agreement for the Intersection of Northeast,/ Northwest 10th Avenue & Seacrest Boulevard Mr. deLong moved to execute this agreement, seconded by Mr. Trauger. No discussion. Motion carried 4-0. Consider Acceptance of Utilities & Streets - Ridgewood Estates Mr. Cheney requested this to be tabled since Some things are pending and probably by the next meeting everything will be settled. Mr. deLong moved to place this on the table, seconded by Mr. Trauger. No discussion. Motion carried 4-0. Consideration of City's Interest in Acquiring Lake Bottom Lease South of N. W. 22nd AVenue Mr. deLong referred to the lake bottom encompassing 22nd Avenue on the sketch and Mr. Cheney agreed and explained this lake bottom is in the middle of the Sand Hill develop- ment. It w~s thought the developer had the rights to it, but the Sta~e of Florida says it belongs to th~m. In order to avoid a ~aw suit, Riteco indicated they would be interested in purchasiQg the lake bottom for the appraised value. This was appraised and he understood it was b~ing sold to Riteco. The letter submitted then came from the State asking if the City had any interest in this lake bottom, they might be willing to lease it to us. It is his recommendation that we ~write to the S~ate advising that we would like to con- sider this. Mr. Trauger asked if there is a lake there and Mr, Cheney replied ~egatively and advised it is a dry lake bottom. He thinks we should review this.and discuss it with Riteco, the Planning & Zoning Board and City Planner and see if we want this 30 acres for public land. Mr. deLong moved to instruct the City Manager to proceed in an endeavor to acquire this 30 acres, seconded by Mr. Trauger. No discussion, Motion carried 4-0. -33- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Application for Permits to Solicit: League of WOmen Voters of South Palm Beach County, Inc. B'nai B'rith Women of Boynton Beach Boys' Club of Boynton-Delray, Unit of Palm Beach County, Inc. Mr. deLong moved to approve these three applications to solicit, seconded by Mr. Trauger. No discussion. Motion carried 4-0. Approval of Bills Mr. Cheney read the following bills for approval: Allen Insurance Agency 106,643.00 Renewal of General Liability & Liability for 3 ambulances Pay from General Fund - $54,423 - 001-193-519-40-41 Pay from Water & Sew. - $25,137 - 401-395-539-40-41 Renewal of Second Annual Installment on Fire Insurance for various buildings & locations Pay from General Fund - $18,055.33 - 001-192-519-40-43 Pay from Water & Sew. - $ 9,027.67 - 401-395-539-40-43 12. Allied Chlorine Corp. Chlorine for Water Treatment Plant Pay from Water & Sew. Rev. 401-332-533-30-63 $2,733.00 Pay from Bristol Springs 401-000-208-01-00 $ 330.00 3,063.00 e Aqua Chem Company, Inc. 9,677.23 Lime for Water Treatment Plant Pay from Water & Sew. Rev. $9,677.23 - 401-332-533-30-65 4. Howard Cook General Contractor, Inc. Est. Project: Boynton Beach Clubhouse, N. E. 22nd Avenue Pay from Fed. Rev. Sharing 320-721-572-60-22 Contract dated 9/9/80 16,415.10 Engineer Service Corporation Seiscor Verialarm Remote Terminal Units for Stations 414,307, 801 & 901 Pay from Water & Sew. Rev. 401-352-535-60-42 Approved by Council 5/20/80 12,000.00 Gametime, Inc. For Bike Rack, Picnic tables & alum. benches Pay from General Fund 001-000-115-87-00 Re-imbursable from Comm. Dev. Block Grant Approved by Council 7/1/80 4,063.00 -34- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 o Johnson-Davis, Inc. Emergency sewer repairs, S.W. 26th Ave., Golfview Harbour Pay from Water & Sew. Rev. 401-351-535-40-3F 3,897.96 Se Lamar Uniforms Uniforms - trousers & shirts Pay from General Fund 001-195-519-30-97 Pay from Water & Sew. 401-395-539-30-97 310.84 2723.57 3,034.41 Russell & Axon 14,166.46 Professional Services rendered on various projects Pay from following accounts: 401-000-169-02-00 - 2,010.02 401-000-169-11-00 - 2,299.67 401-000-169-01-00 - 1,090.20 401-000-220-63-00 - 1,178.12 401-000-220-64-00 - 7,588.45 10. R. J. Sullivan Corp., Est. #4 For Pump & Discharge Contract - Mango Heights Pay from General Fund 001-411-541-60-5C 19,435.50 11. Thompson-Hayward Chemical Co. For Hydrogen peroxide Pay from Water & Sew. Rev. 401-352-535-40-99 2,450.00 12. Herb Willard Trucking, Inc. Shellrock for Rolling Green Project Pay from Fed. Rev. Share 320-000-247-76-00 2,630.70 13. Isiah Andrews Driver for Senior Citizens Club - 3 weeks Pay from Fed. Rev. Share 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 165.00 14. Willie RUth McGrady Server for Senior Citizens Club - 3 weeks Pay from Fed. Rev. Share 320-641-564-40-5A Ordinance #73-15, passed 5/15/73 144.00 15. Publix Market Meals for needy & infirmed Pay from Fed. Rev. Share 320-641-564-40-5A 37.39 16. Caldwell, Pacetti, Barrow & Salisbury Professional Services Rendered: ' Westfall vs. City of B.B. General Fund 001-141-514-40-61 - 665.08 Field vs. City of B.B. Utility Gen. Fund 401-000-169-11-00 - 1747.50 2,412.58 -35- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER ~8, 1980 17. Boynton Beach Child Care Center After care program budget Sept, Oct, Nov, Dec Pay from budgeted funds 320-641-564-40-5A Ordinance 73-15, passed 5/15/73 4,206.60 18. South Central Regional Wastewater Treat. & Disposal Board 32,310.00 Services in the treatment and disposal of wastewater for September, 1980 Pay from Water & Sewer Rev. Fund 401-353-535-40-9I 19. Charles Sailors 1,125.00 Lot Mowing Contractor 20. John Stewart 1,125.00 Lot Mowing Contractor Mr. Strnad moved to pay the bills, seconded by Mr. Trauger. No discussion. Motion carried 4-0. OTHER Royal Palm Clubhouse Mr. Trauger commented that in looking at the Royal Palm Clubhouse and knowing what we paid, it looks like a little garage. He hopes the Davis/Bacon Act didn't cost $50 per hour. Mr. Cheney informed him that the Davis/Bacon Act added about $7,000. Mr. deLong agreed that the building looks deceiving and he received a lot of inquiries. He went to the Building Depart- ment and it is exactly 100 square feet larger than the building torn down md it will seat 100 people. It is large enough to accommodate the people in that area. P.roposed City Holiday Mr. Trauqer recommended that the Friday following Thanks- giving in November be given as a City holiday and Mr. deLong seconded this as a motion. Mr. Cheney advised that holidays are prescribed by ordinance and Mr. deLong informed him they have been granted by motion in the past. Mr. Cheney stated it didn't happen last year and the ordi- nance gives ten holidays per year. Mr. Trauger and Mr. deLong insisted that it has been done in the past. Mr. Trauger clarified that his motion was to give that holi- day this year, seconded by Mr. deLong. -36- MINUTES - REGULAR CITY COUNCIL BOYNTON BEACH, FLORIDA OCTOBER 8, 1980 Mr. Cheney referred to there'being a cost involved with grant- ing an additional holiday and explained that the police, fire, and sanitation men must' be paid overtime. Mayor Harmening added that it is nice to have holidays, but we have a tight budget and he is not in favor of it. Motion failed 2-2. ADJOURNMENT Mr. deLong moved to adjourn, seconded by Mr. Trauger. Motion carried 4-0 and the meeting was properly adjourned at 10:50 P.M. CITY OF BOYNTON BEACH, FLORIDA BY ~'~/~Ma or //~ ~ Counc~man Coumcilmember ATTEST: City Clerk Recording S~cretary (Three Tapes) Councilman -37-