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Minutes 11-08-78MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, NOVEMBER 8, 1978 AT 7:30 P.M. PRESENT Emily M. Jackson, Mayor Edward F. Harmening~ Vice Mayor Richard D. Caldwell, Councilman Joseph DeMarco, Councilman David Roberts, Counei!man Prank Kohl, City Manager Tereesa Padgett, City Clerk Gene Moore~ City Attorney Mayor Jackson welcomed everyone and called the meeting to order at 7:30 P. M. She announced the Invocation will be given by Rubin Lefkowitz, Lay Rabbil Congregat-~on Beth Kodesh, and the Pledge of B]]egiance to the Flag will be led by City Attorney Gene Moome. She requested everyone to please rise. AGENDA APPROVAL Mr. Kohl requested the following to be added: B. Ordinances -.lst Reading 3. Proposed Ordinance No. 78- Re: National Flood Insurance Progmam Approval of Bills Invoice ~omTown L Country Awr~ng Enclosures Co. for the awr~ngs and storm shutters for the library and new building department. Consent Agenda G. Approval of Jaycee's Turkey Shoot on November 18 and 19 Mayor Jackson referred to having a workshop on the referendum and aftem discussion, it was agreed to hold the meeting on Thursday, November 18 at 7:30 P. M. ANNOHNCEMENTS Mayor Jackson mead a Proclamation designating the dates of the municipal elections and the locations of the polling places. Mayor Jackson read a Proclamation proclaiming the week of November 6 thru i1, 1978~ as United States Marine Corps Week. Mayor Jackson read a Proclamation proclaiming November 11, 1978, as Veterans~ Day. She ~sked if the Commander of the VPW asked to have this Proclamation sent to the churches and Hms. Padgett replied affirmatively. She announced that ee~nonies will be held at 10:45 A. M. on Veterans? Day at Veterans~ Park on Ocean Avenue east of the railroad tmacks. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA NOVEMBER 8, 1978 Mayor Jackson announced on Friday, November lC, 1978, at 1:30 P.M. the Palm Beach County Municipal League Meeting will be held in the City Hall Council Chambers and there will be a speaker on the special tax district for recreational leases for condominiums. MINUTES Regular City Council Meeting - October lY, 1978 Mr. Roberts referred to Page 20, fourth line down~ and corrected the word "Waning~ to"wanting~. He referred to Page 23, second parag-~aph, and suggested omitting the word Wthough~ so it would make better sense. Mayor Jackson referred to Page 1~ next to last paragraph, next to !cst line, and changed the word "requested~' to ~suggested~. Mr. DeMareo moved that the minutes be accepted as corrected~ seconded by M~. Harmening. Motion carried 5-0. PUBLIC AUDIENCE Mayor Jackson asked if anyone in the audience wished to speak. Mr. John Jameson, 649 Las Palmas, announced as Chairman of the Boynton Community Improvement Forum, he extends an invitation to the Council and to all voters of Boynton Beach to come to their Meet the Candidates Forum this Friday, November 10 at 7:30 P. M. at the Women's Club. An opportunity is afforded all voters to learn the backgrounds and qualif-ieations of the candi- dates. To date, almost all the candidates have accepted their invitation. After the presentation, a question and answer period-will follow. Mr. George Thomas: President of Leisureville Lakes Condominium Association, stated he was present to bring to the Council's attention a situation that is more than distressing and some- thing he fea~s could actually be dangerous to the residents of this particular condominium which arises from their neighbors, the Fair!anes Bowling Alley. He referred to the original eon- struction of the bowling lanes and told how a cypress fence was erected alon~ the length of the property as a separation and security barrier. He then explained how this fence had now separated in several sections and told about people coming through onto their propemty for reasons unknown and question- able. His feeling is theybowling alley is in non-conformance with the zoning ordinance and should be called upon to replace the fence with a concrete structure as required since the one in place is not capable of giving protection. Mayor Jackson asked if he had talked to Mr. Kohl about this and Mr. Thomas replied that he discussed the nuisance problem with him previously. Mayor Jackson requested Mr. Kohl to please look into this matter. -2- MINUTES - REGHLAR CITY COHNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 8, 1978 BIDS One (1) G~mnasiu~ Building Mr. Kohl referred to the bids eoming im quite high and requested to place this on the next agenda to see if he can come up with some money from someone else other than the City of Boynton Beach. Mm. HarmeDffng moved to table, seconded by Mr. DeMarco. Motion carried 5-0. Constmuction of Offside Utilities - Cranbrook Lake Estates Mr. Kohl informed the Council that bids on the above were opened on Tuesday, October 31~ 1978, at 2:00 P. M in the Office of our Purchasing Agent, Mr. William H. Sullivan. A copy of the Tabula- tion Sheet, Affidavit signed by Mr. Quirino D'Altesandro, Presi- dent of Lanzo Construction Company, Inc., recommendation f~om Mr. Joe C. Swan of Russell g Axon as well as a concurrence from our Utilities Director, Mr. Perry A. Cessna, have been submitted. Mr. Swan recommends a tentative award of the contract to the low bidder, Lanzo Construction Co., Inc., on their base bid of $116~ 560.50. He coneurs with the above recommendations. May he have CouncilTs wishes please. Mr. Harmening moved to accept the recommendation of the Director of Utilities, City Manager, and Consulting Engineers and award the bid to Lanzo Construction Company, Inc., for $1162560.50. Mr. Caldweli seeonded the motion. Under discussion, Mayor Jackson questioned tentative award and Mr. Kohl explained that some more things were being looked into and letters have been submitted regarding this. Motion carried 5-0. PUBLIC HEARING SITE DEVELOPMENT PLANS Applicant: Loeation. Description: Ben Prankel for Summit Associates, Ltd. Hunter's Run Golf & Racquet Club, West of Congress Avenue, South of Golf Road and Lake Worth Drainage District Lateral Canal 28 Clubhouse and Two (2) Guardhouses Mr. Kohl informed the Council the Planning & Zoning Board at their regular meeting of October 247 1978, unanimously recommended the site plans submitted by Ben Frankel for Summit Associates, Ltd., to construct a Clubhouse and two Guardhouses at the Hunter's Run Golf L Racquet Club located in the recreational site as noted in the Pre~Plat~ be approved subject to the ~ollowing staff oomments: -3- MINUTES - REGULAR CITY COUNCIL MEETinG BOYNTON BEACH, FLORIDA NOVEMBER 8~ 1978 Building Official - Clubhouse 1. Provide an additional 40 parking spaces 2. Designate 9 parking spaces and signs for Handicap pur- poses. 3. CommenEs on the TtC O SheetTt Guardhouses 1. Provide one parking spot for each guardhouse. Planning Dept: Subject to Council approval of Preliminary Plat. The motion to approve was made by ~r. Lambert and seconded by Mm. Arena. A map showing the location of the proposed project and excerpt from the Planning g Zonino Board meeting minutes covering this subject have been submitted. May he have Council's wishes on this matter please. Mr. Caldwe!l moved approval of the site plan for Ben Fmankel for Su~3ait Associates for the construction of a elubhouse and two guardhouses subject to staff recommendations, seeonded by Mr. DeMareo. No discussion. Motion carried 5-0. F~. Moore referred to having related items to this matter listed under Administrative to consider approval of the preliminary and final plats for Hunter's Run Golf & Racquet Club and asked if the Couneil wanted to take these up at this time and Mayor Jackson replied affirmatively. Consider Approval of Preliminary Plat and Final Plat for Hunter's Run Golf g Racquet Club Mr. Kohl informed the Council that the Planning & Zoning Board at their regular meeting of October 247 1978~ unanimously recommended the Preliminary Plat submitted by Sul~n~t Associates to commence platting procedure in conjunetion with the Hunter?s Run Golf & Raequest Club PUD, Master Plan~ for tracts for roads~ dwelling units and recreation facilities be approved. The motion to approve was made by Mm. Winter and seconded by Mr. Arena. An excerpt from the Planning S Zoning Board meeting minutes covering this plan has been submitted. A blueprint of this plat is avail- able for review. May he have Council's wishes on this matter please. Mr. Moore ~dded that both plats were submitted and both have been approved by the Planning & Zoning Board. Mr. Caldwell moved approval of the preliminary and final plus for Hunter's Run Golf & Racquet Club, seconded by Mr. Harmening. No discussion~ Motion carried 5-0. -4- MINUTES - REGULAR CIT%f COUNCIL MEETING BOYNTON BEACH~ FLORIDA NOVEMBER 8~ 1978 Mr. Moore then read proposed Ordinance No, 78-59 by caption on first reading approving the plat for Hunter's Run Golf & Racquet Club. Mr. Harmening moved the adoption of Ordinance No, 78-59 on first reading, seconded by Mr. DeMarco. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Jackson Aye Councilman Roberts Aye Councilman Caldwell Aye Councilman DeMareo Aye Motion carried 5-0.~ LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 78-51 - Re: Amendinc Seetion 20(b) Entitling Persons Reoeiving Pension or Retirement Benefits from the City to Serve as City Councilman Mr. Moore read proposed Ordinance No. 78-51 by cap~ion on second reading. Mayor Jackson asked if anyone in the audience wished to speak in ~avor of this ordinance and received no response. She asked if anyone wished to speak in opposition to this ordinance and received no response. Mr. Harmening moved the adoption of Ordinance No, 78-51 on second and final reading, seconded by Mr. Roberts. No discussion. Mrs. Pad9ett took a roll mall vote on the motion as follows: Councilman Roberts Aye Councilman Ca!dwel! Aye Councilman DeMarcc Aye Vice Mayor Harmening - Aye Mayor Jackson Aye Motion carried 5-0. Proposed Ordinance No. 78-52 - Re: Rezonin? Certain Parcel of Land Located in Section Y, Township 45 South~ Range 43 East, from Zone R-1AAA to Planned Hnit Development (PUD) District with Land Use Intensity (DUI) of 3.58 (The Meadows S00/C & H Properties - 287.31 Acres) Mr. Moore read proposed Ordinance No. 78-52 by caption on second reading. -5- MINI1TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, PLOP2 DA NOVEMBER 8, 1978 Mayor Jackson asked if anyone in the audience wished to speak in £avor of this ordinance and received no response. She asked if anyone wished to speak in opposition to this ordinance and re- ceived no response. She added that this covered the resident~a! rezoning of the Meadows property. Mr. Harmening moved the adoption of Ordinance No. 78-52 on second and final reading, seconded by Mm. DeMareo. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Caldwell Aye Councilman DeMarco -= Aye Vice Mayor Hammening - Aye Mayor Jackson Aye Councilman Roberts - Aye Motion carried 5-0. Proposed Ordinance No. 78-53 - Re: Rezoning Parcels Located in Section 7~ Township 45 South, Range 43 East, from R-IAAA to Zone C-3 (The Meadows 300/C & H Properties - 12.641 Acres) Mr. Moore read proposed Ordinance No. 78-53 by caption on second reading. Mayor Jackson asked if anyone in the audience wished to speak in favor of this ordinance and received no response. She asked if anyone in the audience wished to speak in opposition and received no response. Mr. DeMarco moved the adoption of Ordinance No. 78-53 on second and final reading, seconded by Mr. Caldwell. No discussmon. Mrs. Padgett took a roll call vote on the motion as follows: Councilman DeMarco Aye Vice Mayor Harmening - Aye Mayor Jackson Aye Councilman Roberts Aye Councilman Caldwell Aye Motion carried 5-0. Proposed Ordinance No. 78-54 - Re: Providing for a Designation of Streets within the City on a Numerical Quadrant Basis Mr. Moore read proposed Ordinance No. 78-54 by caption on second reading. Mayor Jaekson asked if anyone in the audience wished to speak in favor of this ordinance and received no response. She asked if anyone ~rished to speak in opposition and received no response. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 8, 1978 Mr. Hqrmening moved the adoption of Ordinance No. 78-54 on second and final reading~ seconded by Mr. Caldwell. No discussion. Mrs. padgett took a ~o!1 call vote on tke motion as follows: Vice Mayor Harmenin~_ - Aye Mayor Jackson Aye Councilman Roberts Aye Councilman Caldwell Aye Councilman DeMareo Aye Motion carried 5-0. Proposed Ordinance No. 78-55 - Re: Rezoninc a Certain Parcel of Land Located in Section 32, Township 45 So~th, Range 43 East~ from R-1AA to Planned Industrial Development (PID) District (Jarvis Pmoperty~ 900 S. W. 15th Avenue) Mr. Moore read proposed Ordinance No. 78-55 by eaption on second reading.. Mayor Jackson added that this covers the Jarvis property. Mayor Jackson asked if anyone in the audience wished to speak in favor of this ordinanee and received no response. She asked if anyone wished to speak in opposition and received no response. Mr. Caldwell moved the adoption of Ordinance No. 78-55 on second and final reading, seconded by Mm. Roberts. No discussion. Mms. Padgett took a roll call vote on the motion as follows: Couneilman Roberts Aye Councilman Caldwell Aye Councilman DeMarco Aye Vice Mayor Harmening - Aye Mayor Jackson Aye Motion carried 5-0. Ordinances - 1st Reading: Proposed Ordinance No. 78-56 - Re: Repealing Animal Licensing Ordinance Mr. Moore read proposed Ordinance No. 78-56 by caption on first reading. Mr. Harmening m~ved the adoption of Ordinance No, 78-56 on first reading~ seconded by Mm. Caldwell. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Caldwel! - Aye Couneilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Motion carried 5-0. MINUTES - REGULAR CITYCCOUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 8~ 1978 Proposed Ordinance No. 78-57 - Re: To Provide for Amended Estimate of Revenue and Expenses for Fiscal Year ending September 50, 1979 (Antirecession Funds) Mr. Moore read proposed Ordinance No. 78-57 on first reading by caption. Mr. Harmening moved the adoption of Ordinance No. 78-57 on first reading, seconded by Mr. DeMareo. Under discussion, Mr. Caldwall suggested that the amounts appropriated he read. Mr. Kohl stated that the total amount of $10,269.00 is appropriated to be expended as follows: Account Number Deeemtiption Amount City Clerk: 102=122-512-40.76 Microfilming 6,854.00 Building Depar~nent: 102~241-524-40.9F Contractual Serviees: Inspector $ Complaint Adfustor 2,600.00 Recreation Dept: 102-721-572-40.3H Beach Maintenance 815.00 Mms. Padgett then took a roll call vote on the motion as follows: Councilman DeMareo Aye Vice Mayor Harmening - Aye Mayor Jackson Aye Councilman Roberts Aye Councilman Caldwell Aye Motion carried 5-0. Proposed Ordinance No. 78-58 - Re: National Flood InsuDance Program Mr. Moore read proposed Ordinance No. 78-58 by caption on first reading. Mayor Jackson added that the map showing the flood zone~ can he seen at City Hall. Mr. Kohl added that as of January $, 1979~ the flood insurance to the residents of Boynton Beach will be greatly reduced because we will be on the regular flood insur- ance program with the Federal Government. Boynton Beach has been on an emergency program for the past few years. Mr. DeMaroo moved the adoption of Ordinance No. 78-58, seeonded by Mm. Caldwell. No disoussion. Mrs. Padgett took a roll call vote on the motion as follows: --¸8-- M//~i~ES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA Vice Mayor Harmening - Aye Mayor Jackson Aye Councilman Roberts Aye Councilman C~.ldwe!l Aye CouncilmanDeMarco Aye Motion carried 5-0. Resolutions Proposed Resolution No. 78-CCC - Re: Illegal NOVEMBER 8, 1978 Drug Importation Mr. Moore read proposed Resolution No. 78-ECC by caption. Mr. Harmening moved the adoption of Resolution No. 78-CCC, seconded by Mr. Roberts. Under discu-ssion, Mr. Roberts added that tb/s was brought up by the Municipal League and passed by every municipality in the County. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman RoberTs - Aye Couneilman Caldwell Aye Councilman DeMarco Aye Vice Mayor Harmening - Aye Mayor Jackson Aye Motion carried 5-0. Proposed Resolution No. 78-DDD - Re: Appointment of Prosecuting Assistant City Attorney Mr. Moore explained this resolution establishes the office of Assistant City Attorney for the purpose of fulfilling the duties of Special Assistant State Attorney to prosecute violations of municipal ordinances of the City as required by Sta~e,Atto~ney David H. B!udworth. Mr. Caldwell moved the adoption of Resolution No. 78-DDD, seconded by Mm. Harmening. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Caldwell - Aye Councilman DeMareo - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Motion carried 5-0. MINUTES - REGHLAR CITY COU/~C/L MEETING BOYNTON BEACH~ FLORIDA NOVEMBER 8~ 1978 Other Consider Inter!ocal Agreement Between Palm Beach County 'and City Re: Urban County Qualifieation/Commun/ty Development Mayor Jackson referred to this agreement heine the same as previ- ously and Mr. Caldwetl replied there was one difference and re- ferred to it being a multi-year agreement beginning on October l~ 1979~ and terminating upon expiration of the Housing & Community Development Aet of 1977~ He asked when this Act expires and how long are we locked into this agreement? Mr. Howell replied that he doesn't think there is a time limit on it at this point. As long ~s the Federal Goverr~ent keeps funding it~ it will go on. Mr. Kohl added that the only way to get out of this eontract is to jmst ~ot sign it~ We ean try to procure funds on our own community development program with the Federal Government but generally that takes a long time and is a lot of work. We have been working quite sucoess~ul~y~rwith the County. Mayor Jackson refemred to the f~nds covering demalitions and Mr. Kohl agreed and added the program also paid for streets~ side- walks, water lines, ete. Mr. Robemts asked if there was any reason not to continue and Mr. Caldwell replied that he did not mind continuing but hates to sign an open eontract. He does not see anything where it is mandatory to enter into a multi-year eontraet~ He would ~ate the City to be eom~dtted to something forever and ever. Mr. DeMarco stated that we have been using it for years and Mr. Caldwell agreed, but he doesn't like the fact it goes an and on. Mr. Roberts asked if ft cost the City any money and Mr. Kohl replied that this does not cost the City any money what- ever except you don~t get s~mething for nothing. The Federal Government gives money to the County and every person is paying taxes to that ~und. Mm. Roberts stated that this terminates upon the expiration of the Housing and Community Development Act of 1977 which would terminate the entire program and he doesn't see any particular danger in signing this. Mr. DeMarco made a motion that the necessary officials sign the Interlocal Agreement~ seconded by Mr. Roberts. Under diseussio~ Mr. Harmer~ng asked i~ it was possible to terminate this eontract for any reason whatsoever and Mm. Moore replied that it looks like a unilateral contmaet coming to us. The program will expire when it is not funded. Mr. Harmening referred to it being funded and asked if it was possible to terminate and Mr. Moore replied that this is tied into the 1977 aet. He thinks Congress funds it two years at a time. Motion carried 5-0 -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ PLOP~IDA NOVEMBER 8, 1978 OLD BUSINESS NONE NEW BUS/NESS Receipt of Nominating Petitions Mrs. Padgett informed the Couneil in aecordance with Section 8-6 of the Boynton Beach Code of Ordinances, the following have filed nominating petitior~ for election to City Council: 1. Harold L. B!anehette 8. Don Fenton 2. Russell E. Butler 9. Ronald ~RonTT Johnson 3. Richard D. Caldwe!l 10. John W. Johnston 4. Bi!! C%rynar !1. Ken X~ibs 5. Joe DeMareo 12. Betty Riscoe 6. Fred DiSalle 13. Norman F. Strnad 7, Robert "Bob~ Fe!dman 14. Walter ~MartyT: Trauger Ail nominees have sworn under oath that they are duly qualified to hold office and have filed Nominating Petition containing 25 signa- tures which have been certified by the County office, paid $25.00 filing fee, and have been certified by Jackie Winchester, Supervisor of Elections, Palm Beaeh County~ as a registered voter in the City of Boynton Beach, Mayor Jackson requested the eandidates present to please stand. Mr. Coldwell moved to accept the nominating petitions for filing for the City Council election, seconded by~ Mr. Roberts. No disoussion. Motion carried 5-0. Appointment of Poll Workers Mayor Jackson stated when she went to vote in the primary and yesterday, she found there was only one person living in her precinct working at the polls. She believes the election laws ask the poll workers te serve fmom their own preeinet if possi- ble. She looked over the list submitted and notioed 25 people from one condominium, 21 from another eondominium and so~e she does not know. She asked Mrs. Padgett to go baek over the list from previous years and she has. She then asked if the Couneil- men had any thoughts on this. Mr. DeMarco referred to several names from one family being included on the list and Mayor Jaekson replied that one from a family is abetter idea. Mr. DeMarco stated that people work- ing at the polls should work in the precinct where they live. -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 8, 1978 Mr. Harmeninc suggested that the City Clerk could take the list subndtted and lists from previous years and arrange the people to work in the precincts where they live and if necessary recruit people from the individual preeinots. Mr. Roberts stated that he agrees with Mr. DeMareo and thinks one from a family should be sufficient to give others the opportunity to serve. Mayor Jackson added that anyone working for the City should not work at the polls. Mr. DeMarco made ~ motion that this list together with the supple- mental list be turned over to City Clerk Tereesa Padgett and she shall use her best judgment in making the selection. If the number is ~ot adequate, she can reoruit from the previous list or switoh from one precinct to another. Mr. Caldwe!l seoonded the motion. Under discussion, Mr. Coldwell olarified that Mrs. Padgettt was being given a ehoiee and Mr. DeMarco agreed. Motion carried Mayor Jackson added that aeeo~din~ to the City Charter~ the Council is to pick these people and the Council has reviewed the list. Mr. Harmening questioned the number needed and Mrs. Padgett replied that she did not know the final number from the County but believes about 91 will be needed. ADMINISTRATI~ Request Approval of South Central Regional Wastewater Treatment Disposal Board Budget for the Fiscal Year 1978-1979 Mayor Jackson referred to approving the budget for the South Central Regional Wastewater Treatment & Disposal Board at the Board meeting and advised that the Counoil must ratify this motion. Mr. Harmening moved to ratify approval of the budget~ seconded by Mr. DeMareo. Under discussion, Mr. Harmening commented that the budget is slightly smaller than last year. Motion married 5-0. Consider Request from Revemend Harold Norman Mr. Kohl referred to submitt~a letter requesting permission to ereot a gospel tent for a revival on November 13th through Novem- ber 26th from 7:30 to 10:00 P. Mo on the corner of Seacrest Blvd. and N. E. 10th Avenue. He added that the owner of the property~ Mrs. Blanche Girtman~ submitted a letter giving permission, According to the City Charter, it is up to the Council to give permission. - 12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOR/DA NOVEMBER 8, 1978 Mr. Harmening moved tkmt permission be granted to Rev. Harold Norman to erect a tent, seconded by Mr. DeMaroo. Under discus- -sion, Mr. Roberts suggested that the dates be incorporated into the motion beoause the letter attached does not coincide. Mm Harmening ~neluded in his motion the dates of November 13 through November 267 seoonded by Mr. DeMareo. Mayor Jackson added that a certificate has been submitted that the tent is flame proof and the request is only for two weeks and not a lengthy period of time. Motion carried 5-0. Request f~om Atlas Peat g Soil, Ine. for Excavation of Subsoils from Portion of 100 Acre Parcel Located North of S.W. 15th Avenue and West of Con?tess Avenue Mr. Kohl referred to submitting a copy of this request, location drawing and legal description and stated that this request is to excavate subsoils from a parcel o£ land located north of S. W. 15th Avenue and west of Congress Avenue. Said parcel eonsi~s of 100 acres. The lake will be incorporated into said parcel and materials from the lake will he used to backfill remaining pro- perty. Upon completion of this project~ plans will be submitted. May he have Council's wishes please. Mr. Roberts asked if there were any problems with going to a depth that is not in keeping with the South Florida Water Manage- ment District as he thinks they allow up to 50 feet? M~. DeMareo replied that he thinks this is too deep. Mr. Howell informed them that this must be approved by the State agencies. Mr. Roberts asked who owns this land and Mayor Jackson replied that it is the Farber p~operty and Mr. Howell added that it is owned by David Reid and is the old Sears-Roebuck property. Mr. Roberts referred to the plans submitted last night having a problem with digging so much and nor have much land-left and stated he hopes this is taken into consideration for this perry. Mr. Ca!dwe!! moved to grant the request of Atlas Pea~ $ Soil~ seconded by Mr. Roberts. Under discussion, Mm. DeMarco ques- tioned if the same thing could happen like the applieation pme- sented last night and Mm. Roberts replied that if just a lake is left~ he does not see how we are involved. Fir. DeMamco requested that it be on record that this nor be a pepetition of the appli- marion .submitted last night. Motion carried 5-0. Consider Approval of Beverage License App!i~ation submitted by Boynton-Lantana Post 5335, Veteran's of Foreign Wars, Ina.; 511 N. E. 4th Street Mr. KOlil read the app!ieation and the notation that this loca- tion does nor comply with loeal zoning ordinance with being 431 feet from the Town Tavern. It conflicts with Section 3-19-and 3-21 of the Code of Ordinances. However, according the the Charter~ the Council can give permission if they desire. -13- MINUTES - REGHLAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOR/DA NOVEMBER 8~ 1978 There was some discussion about the location and then Mm. Harmening made a motion to grant approval~ seconded by Mr. Caldwe!l. Under discussion~ Mr. Roberts clarified that this is located against the railroad traeks in a sad looking area and he thinks it can be granted without hurting anyone. Motion carried 5-0. Request from Arnold St-~oshein, Jr., to fill Wetland Amea Located East of U. S. ~1 and North of N. E. 2nd Avenue Extended Mm. Koh! referred to submitting a copy of t~s request as well as staff recommendations and site plans and advised that this request is to fill a wetland area located on the eastern edge of Lot 26, Dewe~ Subdivi,sion~ (east of H. S. ~1, north of N, E] 2nd Avenue extended) ~a~'wa~ submitted in conjunction with an application to the Depamtment of Environmental Regulation (D.E.R.) for a fill pemmit. The sta£f meeommends that the developer be pemmitted to ~il! the wetland subject to adhemence to Chaptem 10 of the Boynton Beack Code and meceipt of appmoval fmom the D.E.R. and all other app!ieable ~ovemnmental agenoies. May he have a dimeetive from the Council please. Mr. Caldwell moved the appmoval of the request from Amnold Stmoshein to fill the wetland amea located east of H. S. ! and nomth of N. E. 2nd Avenue Extension, subject to final D.E.R. appmoval. Mr. DeMameo seconded the motion. No discussion. Motion camried 5-0. Consider Russell L Axon~s request for Authorization to Pemform Engineering Semviees Re: Engineers Summamy Report - Watem & Sewem Systems Mr. Kohl read the authorization submitted fmom Russell & Axon to prepame a summamy engineering report to accompany official state- ment pmeDared by Hough L Co. in suppomt of $2,500~000 Water and Sewem Bonds, Series 1978. Mr. Catdwel! clamified that Russell & Axon is asking for authomization ~o perform the engineeming ser- vices required and Mm. Kohl agmeed~ as required by Hough $ Co. Mr. Caldwel! mefemred to this not being an ongoing projeet'with Russell & Axon and Mr. Moore meplied that we have a b~nd valida- tion issue eoming up to tie us in with the megional plant. Theme is an official statement made by the fiscal agent and part of the proposal contained a p~ovision that Russell & Axon would pemform whatever necessary engineering summary statement was mequired, It is included in the estimated bond costs. M~. Ca~we!t asked if Russell & Axon was tied into this or if we could go to other enqi- aeems and Mayor Jackson replied f~hat the validation is co,ming u~ next week and Mm. Moome added that they have already done the plans and it is just reiterating in official form what they have done. Mr. Caldwell commented that they do the work and then come rom authorization. He believes we ~st take a look at Rmsse!! & Axon as he is sume we can yet qualified work for half the price. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 8~ 19Y8 Mm. DeMarco moved to authorize Russell & Axon to perform the engi- neering service as required and the City Manager to sign, seconded by Mm. Harmening. No discussion. Motion ~carried Consider Change of Use on Plat of Lake Worth Mariner Vi!!ag~ Mr. Kohl referred to Ordinance No. 76-25 which was adopted by the Counnil on July 20th (final reading) of 1976 appmoving the plat for Lake Worth Mariner Village for single family homes in an R-5 (Multi-fa~!y) zone and advised the deQeloper is now requesting permission to develop the land in a multi-family mode and aftem a review by our staff, the reeommendation is to approve the change of use subject to the following staff comments: Planning Dept: Utility Dept: Building Dept: Engineering Dept: City Attorney: No group of units to exceed eight in a row; site plan approval is required. Resubmit engineering plans showing re- vised sewer and water loeations; re- estimate and resubmit bond. Replat; rear yard setback as shown on plat is not applicable for multi-family pumposes. R~submit plans as required byehanges; reeompute and post revised bond. Change in use is permissible if Council approves. May he have Council's wishes please. A print of the proposed Master Plan is available for re~iew. Mr. Caldweli stated that this whole thing is a different ball game. Me feels th4 s should go before the Planning $ Zoning Board and go through the whole process. The whole concept is being changed and he thinks it should go through the necessary steps. Mr. Harmening stated when this was first approved, it was not a good concept because of inadequate land and the configuration. From looking at the new proposal, he is not in ~avor of it and would move to deny the request. Mr. Roberts seconded the motion. Under discussion, Mm. Roberts stated he has no idea what this plan consists of. He doesn't have any idea of the density and won't vote on it until getting all the facts. Mayor Jackson showed the large plat and read the 64 units were planned on 6.47 acres. She added that the lots are shallow and go back into the banal. Mm. Vincent Gallo appeared before the Council and informed them that the original developer who presented this plan, had it ap- proved~ and put np bond for a single family residential eommunity has long since flown the coop. The original property owners have the property back with no intention to develop it. Mr. Robert Hamilton moved here from Massaehusetts and wishes to develop it under the R-3 zone. The intended use of the development will be -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOR/DA NOVEMBER 8, 1978 ~wnho~ses with a common party wall and ~wo stories in a very nice design. These will be similar to the Oakdale Townhouses at Indian Sprdngs. Because time is of the esserme, he is asking to be per- mitred to u~se the plat as far as the outer perimeters and he will re-establish the inside boundary lines. He is asking for relief on the rear setbacks because the buildings will be staggered to afford rear yard privacy with wooden decks and docks. He thinks it ~will he a very pleasant addition ~o the City of Boynton Beach. He thinks the R-3 use of towrdnouses will be far more attractive rather than building a single home on a 62 ft. lot which was not praetical. Rather than going back through the Planning $ Zoo/ng Board and replat, they have met with the City Planner, Engineer, Utili tM Director~ and Building Official and Mr. Hamilton has ex- pressed the willingness to 'work with them doin~ most everything they asked to make it feasible. Mayor Jackson referred to this plan noting Phase Iiland questioned where Phase II would be located and Mr. Gallo explained that Mm. Hamilton had a con~aet to purchase land on the north .side backing up to Harbor Estates. This land is presently in acreage and would have to go through the Planning $ Zoning Board~ surveyed, engineered, etc. This plat does nor have to if the Council will consent to these exeeptions. Mayor Jackson referred to there being 2~ units on each lot and Mr. Gallo agreed~ but explained the building would not exceed eight units with a break of 20 to 25 feet between buildings plus recreational facilities and swimming pool for each group of buildings. Mr. Caldwell questioned why time was of the explained that the financial market is such has to move soon~ money costs~ labor costs, essence and Mr. Gallo that this gentleman etc. are going up. Mr. Roberts questioned why the site plan has not been handled through the Planning & Zoning Board and Mr. Howell replied that the land was R-$ and the plan was previously presented to build single fa~l~c~units. Now~ they have applied to build R-3. Mr. Roberts referred to the plans usually going to the Plannin~ $ Zoning Board and Mr. Howell replied that this is platted a~d ten units per acre are permitted. He then told about working with the applicant. Mr. Roberts stated that this has been submitted to the Council and the information is sketchy. We do not have a complete site plan. He thinks the Planning $ Zoning Board should review it and make their recommendation. Mr. Moore ~!arified that the property is zoned R-3. Sometime ago when the plat was submitted on ~ single family basis, the Council approved it with the stip- ulation that the property wou~d only be used for single family residential purposes. The request is to have that restriction M~NUTES - REGULAR CITY COUNCIL MEE~fNG BOYNTON BEACH~ FLORIDA NOVEMBER 87 1978 relieved which was placed on by the Council at the request of a former developer. Once that is removed, they will submit a site plan to the Planning L Zoning Board. ~hey cannot start unless the Council says they will not enforce the single family restmic- t-ion. Mm. Howell added that houses with zero lot line are con- sidered single family residences. Mr. Moore added that the alter- native would be to ~acate the plat, but they are trying to acceler- ate. Mr. Roberts clarified that this was no~ final approval of the site plan and Mm. Moore agreed it was not. Mr. Harmening then withdrew his motion and M~. Roberts withdrew hi s second. Mr. DeMarco e!arif-ied that this would come back for approval with the site plan. Mr. Caldwell elarified that the motion should be to approve the change in use on the plat of Lake Worth Mariner Village from single family to t~-3. He understands it will then go thmough the normal channels of the Planning g Zoning Board, Commur~ty Appearance Board, Technical Review Board, etc. Mr. Moore clamified that the request was to remove the single family restriction. Mr. Annunziato added that there was a 10 or 15 ft. setback imposed on the plat which should be removed. Mm. Caldweli suggested that this be addressed during review by the Planning $ Zoning Board. Mr. Caldwell moved to grant the change of use on the plat of Lake Worth Mariner Village fmom R-lA to R-3; eliminate the single family restriation. Mm. Harmening seconded the motion. No discussion. Motion earmied 5-0. Recreation and Cultural Complex Mm. Kohl referred to this being takeh care of with setting the date for the workshop meeting. Approval of Bills Mm. Koh/ read the following bills for approval: Aqua Chem Co.~ Inc. ~m~r Water T~eatment Plant Pay from budgeted funds 401-332-533-30-65 8 5~ 529.63 International Business Machines Computer rental for October Pay from budgeted funds 001-133-513-40-21 263.67 o Rubin Construction Co. Asphalt tot repairing streets Pay from budgeted funds 001-411-541-40-3A 412.87 -17- C MIN[tTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER :8, 1978 A.E.C.O.A. Est. ~3 Raw water supply wells Pay from Utility General Fund 40!-000-169-01-00 Contract dated 4/10/78 18,564.54 Dawson Co. Est. ~3 Raw water main - Part C Pay from Utility General Fund 401-000-169-0!-00 Contract dated 6/2~/78 38~709.00 Roberts Septic Tanks, Inc. Installation oD septic tank Bt publicbbeaeh Pay fmom budgeted funds 001-!92-519-60-94 Council approved 10/3/78 3,400.00 South Eastern Prestressed Concrete Tmarmmission poles for Wilson Part Re-imbursable fmom P. B. County Community Dev. Block Grant Couneil approved 7/18/78 17,992.00 Underground Supply Co., Inc. Topping saddles f~r Water Dist. Dept. Pay from budgeted funds 401-333-533-60-5A 1,056.88 T & T Engineering 57669.36 Safety plat£orms and two crossforms for Wilson Park Re-imbursabte from P. B. County Community Dev. B!oek Grant Council approved 7/18/78 10. Cart Soil & Sod Sod for i~ight-of-Way in Cemetery Pay from Boynton Beach Memorial Park Pund 63!-875-587-30-91 1,020.00 ll. 12. Enro Steel Contafners ~umpsters ~or Sanitation Dept. Pay from Aoeounts Payable L Eneunlhered Funds Robertson Roofing Co.~ Inc. Re-roofing Senior Citizens Bl~k~. Pay 'fmom E~cumhered Funds Council approved 8/!/78 6,220.00 5,730.00 13. Russell & Axon 626-681-30-4 Inv. ~ 2,288.98 Pro~essiona! services at Mirror Lakes Pay from Utility General Fund 401-000-228-53-00 Authorization dated 6/6/78 -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA 14. 15. 16. 17. 18. 19. 20. NOVEMBER 8, 1978 21. 22. Russell L Axon 626-681-09-3/6 Inv. ~ ~rofessional services~ Raw Water Main - Part C Pay from Utility General Fund 401-000-169-01-00 Authorization dated 8/15/74 Russell & Axon 626-681-01-4 Inv. ~51 Professional services fo~ report on Iron/Color removal required by D.E.R. & P.B. County Health Dept. Pay from Utility General Fund 401-000-169-01-00 Agreement dated 6/10/67 975.42 1, 035.89 23. Russell & Axon 626-681-08-6 Inv. ~27 Resident inspection & Engineering services at Water Treatment Plant Pay from Utility General Fund 401-000-169-01-00 Authorization dated 5/8/74 090.94 Russell & Axon 626-681-04-4 Inv. ~]] 1~941.05 Engineering services for Regional Lift Stations L Force Mains - permit $ easement applications Pay from Utility General Fund 401-000-169-11-00 Authomization dated 11/9/72 Rubin Construction Co. Hot mix Type 2 for Street Dept. Pay from Accounts Payable 001-000-202-01-00 2,769.55 Barile Exeavatin~ Scantest Blvd. Utilities Relocation Pay from Public Works Grant Fund 350-835-570-05-73 Contract dated 1/23/78 9,538.83 Rubin Construction Co. ~.E. 7th St. Drainage & Road Construction Pay from Public Works Grant Fund 350-835-570-05-74 Contract dated 1/23/78 8,637.07 Allen Insurance Agency Renewal of Valuable Papers Floater Policy Pay from budgeted funds 001-195-519-40-47 1,148.00 Isiah Andrews 165.00 Driver for Senior Citizens' Club - 3 weeks Pay from Federal Revenue Sharing Fund 320-871-570-02-5A Ordinance ~73-15, passed 5/15/73 Willie Ruth MeGrady 144.00 Server for Senior Citizenst Club - 3 weeks Pay from Federal Revenue Sharing Fund 320-871-570-02-5A Ordinance ~73-15~ passed 5/15/73 -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 8~ 1978 24. 25. John Hunt Assoc. Police ;-alse ar%est insurance Pay from General Fund 001-211-521-40-46 Subject to approval of attached transfer. Town L Country Awning Enclosures Awnlngs & storm shutters ~or library and new offiee building 605.00 930.03 Mr. Kohl referred to a memo being submitted regarding the Po!lee false arrest insuranee and advised the total premium is $27,605.00 and funds budgeted are $17,500.00 under Aeeount ~001-211-521-40.46. He requests the balanee of $10,105.00 to be transferred from Con- tingeney per the budget transfer request submitted. Mr. Kohl stated the bills deseribed have been approved and verified by the department heads involved; checked and approved for payment by the Finanee Department; funds are available in their respeetive budgets. He recommends payment of these bills. Mr. Harmening moved to pay the bills and approve the budget transfer request, seeonded by Mr. Catdwe!l. Under discussion, Mayor Jackson commented that it seems every list ineludes bills from Russell & Axon and Allen Insuranee Ageney. Motion earried 5-0. CONSENT AGENDA Mayor Jaekson announced this was a new section for the approval of small items. Mr. Kohl read the following: Request from St. Mark's Home & School Assoeiation for Temporary Sign Reeeipt of Correspondenee Re: Nomination of Boynton Won~n~s Club Building for the National Register of Historic Plaees Aeeeptanee of Contribution from Cast-Off Square Dance Club Request for Refund on Cemetery Lots 657-A and 657-B, Bloek N; Submitted by Riehard Louis and Ann M. Tissier Consider Applications for Permit to Soli-' · 1. The National Foundation March of Dimes - Palm Beach County Chapter 2. American Heart Assoeiation- Palm Beach County Chapter~ Inc. 3. Florida East Coast Cerebral Palsy Assoeiation -20- MINUTES -. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 8, 1978 Consider Approval of Beverage License Applications: 1. Westwinds (Hunter,s Run) Golf & Racquet Club, 192~ Charter Drive North 2. Joan Mimisola dba Mirisola~s Portable Meals S Sandwiches, 604 North Federal Highway Approval of Jayeee~s Turkey Shoot on November 18 and 19 Letter from Police Department Re: Certification of Police Officers Mayor Jaekson questioned the amount eontributed by the Cast-Off Square Dance Club and Mr. Kohl announced it was S500. Mayor Jackson suggested that a letter be sent thanking them. Mr. DeMarco moved that the requests and applications be granted, seconded by Mr. Ca!dwell. Hnde~ discussion, Mr. Roberts referred to the letter from the Police Depamtment and Mm. Kohl explained therequest was to waive any certified Florida Officer from taking the test. Mr. Roberts asked if this was stepping out of line or granting special privileges and Mr. Kohl replied negatively. Mr. Hammening added that we are trying to expedite h~ring. Motion carried 5-0. ADJOURNMENT ATTEST: Mr. Harmening made a motion to adjourn, seconded by Mm. DeMarco. Motion eamried 5-0 and the meeting was properly adjourned at 9:00 P. M. CITY OF BOYNTON BEACH, FLORIDA ~/ // - Mayor / - Council Councilman /~/ City Clerk Councilman nording Seeretar~ (Two Tapes) -21-