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Minutes 09-05-78MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 5, 1978 AT 7:30 P.M. PRESENT Emily M. Jackson, Mayor Edward F. Harmening, Vice Mayor Richard D. Caldwelt, Colkncilman Joseph DeMarcb, Councilman David Roberts, Councilman Frank 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 would be given by Dr. Ernest R. Campbell, First Baptist Church, and the Pledge of Allegiance to the Flag led by Vice Mayor Edward F. Harmening. She requested everyone to please rise. AGENDA APPROVAL Mr. Kohl referred to submitting a bill from Carpenter, May & Bremer for an interim audit and advised that it was just re- ceived this afternoon and requested it to be added to Approval of Bills. He has also given the Mayor a Proclamation for Constitution Week which was given to him this afternoon. Also, under Administrative, Item C will be deleted. Mr. Moore referred to Legal and requested Item C-2 to'remain on the table as they are still obtaining information on this. Mr. DeMarco moved to approve the agenda as added to ~nd cor- rected~ seconded by Mr. Caldwell. No discussion. Motion carried 5-0. ANNOUNCEMENTS Mayor Jackson referred to making some unwritten ground rules at the beginning of the year and announced she would like to repeat those for clarification. She then read the following ground rules for Council meetings: After a motion has been made and seconded, no one from the floor will be recognized. Anyone from the audience who wishes to address the Council must use the microphone. Speakers during Public Audience will be limited to five minutes so as to give everyone an opportunity to speak. If the speaker wishes to go on longer than five minutes, he or She can finish at the end of the meeting. She added that in most cities and at County Commission meetings~ the public does not get the chance to speak until the end of the meeting. We feel people like to get things off their chests early in the meetihg and have it at the beginning. During Public A~dience, the speaker will be limited to five minutes, but we will be glad to listen as long as you want at the end of the meeting. MINUTES REGULAR CITY COUNCIL ME~TING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Mayor Jackson then announced if anyone wished to speak on any i~em on the agend9 to please give their name to M_rs. Padgett with the item ~he~ wish to ~peak on. Mayor Jackson read a Proclamation proclaiming the week of September 17 ~hru 23, 1978, as Constitution Week. Mayor Jackson announced that on Friday at 1:3,0 P. M. in these Council Chambers,~Boynton B~ach is going' to be the host City for the Palm Beac~ County Municipal L~ague and everyone is welcome to attend~ MINUTES Regular ~ity Council Meeting August 15, 1978 Mr. Reberts refer~ed to Page 32 and the memo submitted~ from the Communit~f Relations Board and clarified ~hat this notice came from the Communit~ Relations Board but the subject matter did not come from the Community Relations Boa~d but a delegation fr6m the northwest section presented these recommendations to the Board and the~ in turn forWarded them to us. Mrs. Caldwell referred to Page 7, fifth line down, and corrected that he lived in an "era" where drugs became very popular. Mayor Jackson referred to Page 14, second paragraph, and clari- fied that Mr. Kohl d~d not get a raise and most of the employees got a 5% raise. Mr. Caldwell moved approval Council meeting a~ amended, carried 5-0. of the minutes of August 15, 1978, seconded by Mr. Harmening. Motion ~PUBLIC AUDIENCE Mr. Andrew Jackie beihg a concerned into an incident ~:45 P. M. when was notified abo~ N.W. 10th Avenue. took ~ight ears ¢ makes people in Mayor Jackson asked if anyone in the audience wished to speak on a subject which is~not on the agenda. Belden, 115 N..E. 15th Avenue, referred to citizen and stated he thought he would look o¢~u~in~ September ~,~1.978 at approximately came to his attention the P~lice Dep~rtment an argument between two drunk old men along .What-he honestly cannot understand is why it f'police to han~le~ this. T~is kind of action he community nervous. It creates tension and apprehension whether to call the police for any reason if they have to come in these numbers. If the ent%re police force can afford to come to their community at the ~lightest d~sagreement between two people, then who is protecting the rest of the City? It seems like that would be a geed time to rob a few convenience stores as far as he is concerned. This is only one of the reasons he is here tonight as a concerned -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 citizen. There has been entirely too much apathy on the part of the City Council members concerning the incident awhile back. He was an eye witness to this account and personally feels the policemen who handled the situation did so v~ry poorly.. He feels they would not go into any other section and car~y on like they did. Why the Council does not have any intention to look into this matter seems to show they are afrai~ The citizens have no intentions of s~epping here with ~he city ~ou~cil because they see the Council means them no good. They live in the City of Boynton ~each a~d intend to remain here and will stand up and fight this bad disease. Numer- ous other th~n~s such'as the h6using wi.th a black representa- tiv~ being appointed tO the Board are st~l~ beiDg.~ilib~stered ar0~nd. There is also the facts of.poor recreation for their children. Also, there is ~e s~bject of ~he iariv~ng ha~ts Of Our policemen ~nd he told ~ow these e~gh~ police cars going to ~his incident arrived in the area traveling at 6Om~h with no sirens and h~w this was dangerous for the chil~en playing in ~he area wi~h n~ ~idewalks~' He hopes thS.~Cra~i will give ~is some thought ~cause i~ey intend t? f~l!°w through and take the steps needed. They will go as'far as. the~ have to go. He has been~ttendin~g Co~h~il meetings s~n~e 1972 andlthe Council has~ the black citizens in their~least interest. Nothing has been d~ne .in t~e northwest sector 6f ~e third largest city i~ Palm Be~ch .cOunty. If~hi~ a~athy Con~nue~, they ~re on t~e. r0ad ~obeing s~ed b~ t~e Nationai Ci~i:~kghts organiza- tion. Mr. D~Marco informe~ him that the~lice incident is u~der Grand Jury investigation and the ~o~cil cannot discuss it. BIDS Interior & Exterior Painting of Water Tower (Tabled) Mr. Robert~ moved to take this from the table, seconded by Mr. Harmening. Motion carried 5-0. Mr. Kohl informed the Council that bids o~ the above were opened on Tuesday, August 8, 1978, at 3:30 P. M. in the office of our Purchasing Agent, Mr. William H. Sullivan. This bid item was scheduled for consideratio~ by Council at their regu- lar meeting of August 15, 1978, however, was tabled to provide time for further re~%ew~ The Tabulation Committee recommends acceptance of bid from J. & M. Pain~$~g of~Hellywood, Florida, in the amount of $2.2,5bb.00 allocated as follo~s: Section A, exterior p~inting, roller application - $11,500.00 and Section B, interior painting~ airless spray appl-ication - $11,000.00. A copy of %he Tabulation Sheet, Proposal and Affidavit signed by Mr. John H. Meyer, Owner of J. & M. Pain~n~ has been sub- mitted. He has checked all legal requirements and everything is in order. -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Mr. Kohl advised that funds in the amount of $20,000.00 are budgeted and available Sn the Tater & S~wer Revenue Fund/ Fixed Charges/Water Tower Maintenance Account No. 401-801- 570-02-3E. Further, upon the final reading of a proposed Ordinance which ts scheduled for its first reading on this aqenda, amending the estimate of revenue and expenses for the fiscal ~ear ending 1978, there will be an additional $3,600.00 allocated to 'the above Water Tower M~int~nance account. He concurs with t~e recommendations of the Tabulation Committee. May he have Council's wishes please. Mayor Jackson 'referred to the airless spray application and Mr. Kohl referred ~o ha~ing trouble a few years ago witk using airless spray application en the exterior and explained ~he roller application for the exterior and airless spray pplication on the interior. He added~that the specs have been received f~om the American Water W~rks Association. Mr. DeMarco moved that the bid be granted to J. & M. Painting of Hollywood, Florida, and the additional funds be allocated to the Water To~er Maintenance Account, seconded by Fir~ Harmening. No ~iscussion. Motion carried 5-0. 1-95 Strip Park Mr. Kohl informed the Council that no bids were received on the above project; bid opening scheduled August 29, 1978, at 3:00 P. M. One contractor advised he would bid, but did not have sufficient time to ready'his bid. Since that time, he has been informed by M_r. Doug Dawson of Community Development that we can. split the bid in different projects and he ex- plained. If tbs Council agrees, our Purchasing Agent can look into findisg the best small companies we can find. Mr. Harmening mDved to follow the City Manager's recommenda- tion on the 1-95 Strip Park, seconded by Mr. Caldwell. No discussion. Me,ion carried 5-0. Mr. Kohl added that Commun- ity Development ~s paying for this job. LEGAL Ordinances - E~ :RGENCY Proposed Ordinance No. 78~42 - Re: Establishing the Require- ments and Procedures to Regulate the use of the So~th Central Regional Waste~ater Treatment Facilities; Providing for Proper Discharge of Waters and Wastes into the Regional Treatment Facilities Mr. Moore informed the Council that the purpose of this ordi- nance is to establish criteria for the type of material which can be inqested into the system. The Board Attorney and Mr. -4- MINUTES - REGULAR CITY COUNCIL MEETING SEPTEMBER 5, 1978 BOYNTON BEACH, FLORIDA Startzman requested this be adopted on an emergency basis. The Ordinance will be identical to what the Board adopted. He then read proposed~Or~inance No. 78-42 by caption and t~e preamble regarding emergency passage. Mayor Jackson referred to this being an emergency ordinance and questioned if a public hearing~was necessary and Mr. Moore replied negatively and advised that it is effective upon passage, but four affirmative votes are required. Mr. Harmening moved the adoption of Ordinance No. 78-42 as an emergency ordinance, seconded by Mr. DeMarco. Under discus- sion, Mr..C~ldwelt suggested explaining this further to the audience a~d Mayor Jackson'replied that M~. MOore had done this. M_rs. Padgett then took a roll call vote on the motion as follows: Councilman Cald~ell Aye Councilman DeMarco Aye Vice M~yor Harmening - Aye Ma~or Jackson Aye Councilman Roberts Aye Motion carried 5-0. Ordinances - 1st Reading Proposed Ordinance No. 78-43 - Re: Charges (Tabled) Capital Improvement Fee Mr. Roberts moved to take thi~ from the table, seconded by Mr. DeMarco. Motion carried 5-0. Mr. Moore read proposed Ordinance No. 78-43 by caption and ex- plained that an additional paragraph had been added based on a case from the'Supreme Court. It has been ruled the muni- cipalities have the authority without question to enact capital improvement fees of this type providing the funds are specifi- cally earmarked for the water and sewer system. Mr. Harmening moved the adoption of Ordinance No. 7~8-43 on first reading, seconded by Mr. Caldwell. No discussion. 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 CaldweI1 Aye Motion carried 5-0. -5- MINUTES REGULAR CITY COUNCIL MEETING 'BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Proposed Ordinance No. 78-44 - Re: Amended Estimate of Revenue and Expenses for the Fiscal ~ear Beginning October 1, 1977, and Ending September 30, 1'978 (Water & Sewer Revenue Fund) Mr. Moore read proposed Ordinance No. 78-44 by caption on first reading. Mr. Harmening moved the ~doption of Ordinance No. 78-44 first reading, seconded by Mr. DeMarco. No discussion. Padgett took a roll call vote on the motion as follows: on Mrs. Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman ~Roberts - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Motion carried 5-0. Proposed Ordinance No. 78-45 Re: ~mending Chapter 24 to Authorize Posting 'of Temporary Political Signs Mr. Moore read proposed Ordinance No. 78-45 by caption and explained that it basically provides temporary political signs may be posted d~ring the 60 day period preceeding an election on private property with the consent of the property owner. Mr. Caldwell moved the adoption of Ordinance No. 78-45 on first reading, seconded by Mr. Harmening. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts Aye Councilman Caldwell Aye Councilman DeMarco - Aye Vice Mayor~Harmening - Aye Mayor Jackson - Aye Motion carried 5-0. Resolutions Proposed Resolution No. and_Clearing of Land in Project 78-PP Re: Conjunction Demolition of Structures with Community Development Mr. Moore referred to this being the standard resolution for the demolition of'unfit structures and advised that it per- tained to properties located at 405-405A N.E. llth Avenue and behind 105 N.E. llth Avenue. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH/ FLORIDA SEPTEMBER 5, 1978 Mr. Caldwell moved the adoption of Resolution No. 78-PP, seconded by b Ir. Roberts. No discussion. Mrs. Padge~.t took a roll call vote on the motion as follows: Councilman Caldwell - Aye Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Motion carried 5-0. PUBLIC HEARING - 8:00 P. M. Abatement of Hazardous Conditions 131 N. E. 2nd AvE ~ue Mr. Kohl stated th'at on July 18, 1978, Council granted appro- val for the preparation of a Resolution for the demolition and clearing of land; and on August ~, 1978, said Resolution[ was adopted for same as described in the following: OWNER OF RECORD PROPERTY LEGAL AND ADDRESS ADDRESS DESCRIPTION Wise Realty, Inc. 312 N.E. 2nd Avenue Boynton Beach; FL 131 N.E. 2nd Ave. Lots 21 & 72 less SR 804 Boynton Beach R/W, Block ~, SHEPARD FUN~ ADDITION, ~lat Book 2, Page 3, PrOperty Control -- $08 ~43 45 21 30 001 0210 Notice of a Public Hearing was published in the Palm Beach Post-Times on August 5, 1978, advising that the owners of the above described parcel shall be given an opportunity to show cause why the hazardous conditions of certain dilapidated structures and buildings located thereon should not ! e cor- rected or abated~ _ Mayor Jackson asked if anyone in the audience wished in favor of this abatement and received no response. if anyone wished to speak in opposition to this abate received no response. to speak She asked ment and Mr. Caldwell moved to instruct the City Manager to p~oceed With this abatement of hazardous conditions per the provi- sions of the Cha~ter, seconded by Mr. DeMarco. No discussion Motion carried 5-0. Rezoning RequeStS Parcel: Portion of Section 8, Township 45 South, Range 43 East, containing 229.09 Acres Request: Rezone from R-1AAA to Planned unit Development -7- MINUTES - REGULAR CITY :C0uN~i~. ~TING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Location: Use: Applicant: South of~HypOluxo Road, East of Congress Avenue and west o~ E-4 Canal Approximately 1,08Q Townhouses - Residential F '& R Builders, Inc. (B0ynton Lakes) Mayor Jackson asked if anyone in the audience wished to speak in favor of this rezoning and Mr. Carmen~Annunziato~ City Planner, appeared before the Council. ("Mr. Annunziato gave eSee Minutes the ba~kgfoun~ of this application.) 9/19/78 Mr. Annunziato 'showed a .map of the area a~d explained the exact locatio~ With pointing out the roads borderin~the property a~d roads proPOsed ~ithin 'the project~ He-then Sh~wed ~ m~ter~ land' use plan and explained that.~,O80 one stouy coD~ec~ing town houses were ptann~d'and.~..pdinted out the iakes,& canals, roads, parks, etc. Mr. Fernando Alonzo, representing F & R Bu! appeared before the Council and totdabou~ the company and their'experience in buildin_ the project presented is basically the same by the Rlan~ing & Zoning Board. He referred of the Planning & Zoning Board's recommendati¢ with reference tO Fir. Tom Clark's memo,.they ~ limina~y ~pprova! from the Lake worth,D~a%~ag~ an ~greement With the Countyas far as im~ev~ ~9~. They will comply with all the items Perry-Cessna'smemo.-They will comply with th~ from the Building Department to have a minim~ tween clusters of 20'. He then submitted~'~( merit entered with Palm Beach County pertaini~ and explained that they would widen Congres$.~ acceleration, deceleration lanes and signaliz~ The~ have met twice with the School Board a f~ir share contribution of .4 of 1%] The ~] comments r~garding additional rights-of-way the agreement with the county. This Will ~e va~ of their PUD documents and the concept is ~l~tted lots.- There will be a homeowDers ass~ ~iUment covering this has been submittea to :s, Inc., then .background of advised that ~ch was approved ) the conditions h'and stated ave obtained pre- District and ha~e ~ents to public ~ted in Mr. recommendation separation be- py e~ the agree- to the traffic venue, provide tien'as required. %ave agreed to ~y Planner's covered in ubject to appro- fee simple with ciation and the he City Attorney. Mr. Alonzo then explained that the overall project consists of a~Pr0ximately'229-acres with 1,080 units whid~ will be one story attached townhouses. They plan to dedicate an 8.1 acre public park to the City for use by ail, r~side~ts of Boynton B~ach~ and they ~Will also provide four pr~ate~recreation areas. The recreation needs in,his community'wilI~b~ self-contained- The traffic impact, has been addressed" by the ~ounty engineers. ~r. Roberts refer~ed to the two recent developments of Sand Hill ~ th~6.1f~&-Racquet Club, both building less..t~en four units per acre, and explained how he was concerned with the high den- sity of this project. He referred to the~actual size of the U~its.being Small', plus being attached, and Mr. AlOnzo informed him~ that i~ the few'places w~ere a unit ba~ks another, there will be in excess of 32 fro between the units. MINUTES - t{EGULAR CITY CO%~I~ !MEE.Ti~G BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Mayor Jackson asked how many would be connected in one build- ing and' Mr. AlonZo replied up' to five units. Mr. Roberts referred~to Sand Hill having 2,600 units on 700 acres an~ Mr. Annunziato informed, him that q~ite a few of those acres were"~zoned for commercial and manufacturing. Mr. Roberts refer~ed~to t~e Sand Hill plan being a subdivision and stated he considered it more advantageous than having a bunch of apartments. 'There is no doubt that a 1,200 sq. ft. unit with three bedrooms will be crowded. Also, the lakes are require~ for drainage and he does not consider the 32 acres to be open space when you can only~ use it in a boat. He th~ks the Council should take a cl~e 19ok at the type of residences and closeness and possibly decrease-the density. Mr. Alonze stated that it w~s his und~$~andin~ that the Sand Hill deve!0p~ent ended up with a density of' ~.~ units per acre and ~h~ir'~lan is for 4~7 units ~r acre~' ~Also with referen6e~ to the history of the zouin~,'~t~ey ,understand this was annexed with tw0.bther tracts and'- ~al density was 6 units per acre. when ~he PUD zone~ to R-1AkA which allows 3.5 approached'the City staff with master sion,, they fe~t 5:~its'~per acr~ ' cit~ s~aff reque~ted~it to be reduced is very reasonable ~o] between the 3.5 which-it could be which it was previously. Because of -units, they c~n-generate'a large feel 4.7 is hot unreasonable with 42% was down- When they subdivi- however, the they feel ' ~t is halfway .d now and 6 units ~ small size of the ace. They open space with the kind of r-ec~eatioD they plan to provide.' Mr. ~ob~rts replied that he did~not agre~.en the density with' 32 acre~ of lakes where you have no buildings. Mayor ~ackson asked if according to ths.~C~un%y Lab,.Use Plan lakes are c0nsider~d 0pe~ spac~ ~ud.~.'iDL~n~ziato explained h~w the gross density~over the devel0~bie land was considered. There is no questi0n that you cannot'~al~ on lakes and lakes are required for d~ainage. Mayor J~ckson asked if anyone else wished to speak in favor of ~this project and received no response. She asked if anyone wishe~ to speak in Opposition to this project and received no response. Mr. Caldwell, moved to accept~this PUD based on the Planning & Zoning Board's recommendation subject/~o the provisos set' forth by the staff, seconded by Mr. DeMarco. Under discussion, -9- MINUTES - REGULAR CITY COUN~tL?~EETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Mr. Roberts asked if any plans had been made in regards to the sewer and water lines-to be ex~ended to this particular area andMr. Rossi informed him that-a set Qf contract drawings have been submitted to the City .for extension of the lines. M_r~ Harmening stated that he is reluctant to see a development of this type. He does not have anything against townhouses, but thc small sized~townhouses he has Seen~usually don't develop into the ~bCst"type of property. 'If we have to have townhouses, he thinks-we would be better off with slightly'larger than the ones projected here. Mayor Jackson s{ated ~she thinks this has a great deal~of merit, but one thing ~hich bothers her is right across the street on Congress Av~nU%; ~anQthe~ development is coming inabout.the same magnitude a~d the~sa~.~e idea. She wo~ld hav~ preferred to see a little mixture with single family homes, etc~ ~l~his ~iS sup~osedtobe fam~l~ oriented., but she d~s not 'see~how ~ Oould~ be with 1,20~ sq~ feet with three bedrooms~ Mr.i Roberts r~ferred to the high density ~of projects built in the'early 1970's and'Stated tsar a move has been made in the ether 8irection with the shortage ~f water, road problems, etc. He referred to the mecent plans being for larger units with more open area. Mr. Caldwell asked if any consideration had been given to inte- grating the ~ownhouse structures possibly with single family structures an~ Mr. Alonzo replied negatively. ~ Mr. Caldwell referred to p~ssibly revising the plans and lowering the den- sity and Mayor Jackson replied that a motion~is on the floor and if ~t is def~ated, the applicant cannot come back for 18 months. Mr. 2.1onzo informed them that to try to include single family housing~ it would take a major redesign. He re- feared, to the price of housing skyrocketing and stated with smaller Sized ~nits, they would bein a pr~c~ range afforable by young fs~ai2ies and retirees. They feel .the~e is a need for this type of t.ousing in this community.~ The price range will not deter anything from the finished project. They have.built the same type in other couhties selling for $.30,000 to $45,000 and they have turned out to be nice neighborhoods. He does not th~nk with 42~ open space, it will be undesirable. He urges the Council re, consider this plan on its. own merits without thinking of s~tting a p~cedent. Mr. Roberts stated that he has to subtract the amount of water, 32.5 acres, from the overall picture and it makes a crowded d~velopment a~d he intends to Vote~against-i~. Mr. Alonzo informed him that with subtracting the lake area, they still ha~e 63 acre~ of open space and parks. Mr. Caldwell then withdrew his motion and substituted a motion to table this PUD application-for further consideration, seconded by Mr. DeMarco. Motion carried 5-0. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Mr. Rossi questioned the density and p~oduct the Council had in mind for this land and Mayor Jackson replied that her feeling is there should possibly be a mixture with townhouses and single f~/uily homes so it doesn't look like a barracks. Mr. Rossi stated they could still come up with the density in this design and added that the County interprets~water as open space. Mr. Harmening stated that he feels a whole bunch of barrack type townhouses on this site-is more than what w~ need. Possibly if ~h~y were ~arger or a fewer 'numbe~ or a c~%bined mixture, he ~ould' be in favor. Mr. Roberts stated~that he is not ~gains~ t~is type b~ development, bu~thinks it is overcrowd- ing. Mr.~ da~id-w~ll s~a~ed that rath~r~thau See'the plan delayed for 18 months, it~has been moved to table~ ~He asked if anything was ch~nge~,, would .it have to .go back %~ the Plannin9 & Zoning Board'-~a~dMr. Moore'zep~ied negatively since they have already recon~ended the ~a~jor Plan. Mr. Caldwell suggested that the Council discuss the plan fur- ther with the builder and possibly hold a Workshop session for this purpose in the very near future. Parcel: Portion of Section 8, Township 45 South, Range 43 East. Containing 12.510 Acres Request: Rezone from R--1AAA to C-3 Location: Southeast Corner o~ the Intersection of Hypoluxo Road and Congress Avenue Use: '' Commercial Shopping Center Applicant: F & R Builders, Inc. (Boynton Lakes) Mr. Harmening asked ~f the petitioners wanted to withdraw this application or have it tabled and Mr. Alonzo request~d~to it to be tabled. Mr. Harmening moved that the request of F & R Builders to rezone the southeast corner of the intersection of Hypoluxo Road and Congress Avenue from R-iAAA to C-3 be tabled, seconded b~ Mr. DeMarco. Mr. Moore referred to.it being a public hearing and suggested giving'the public the opportunity to speak. Mayor Jackson asked if anyone in the audience wished tO speak in opposition to this and received no response. ~oti~n carried 5-0. Parcels A & Request: Location: Use: Applicants: B: Portions of Beverly Hills Addn. No. 3 Rezone from R-iA and C-2 to C-3 470 N.W. 2nd Avenue Construction of Motel Linda. L. & Charles L. Leemon, III Mayor Jackson referred to this being voted to be reconsidered at the meeting a month ago and asked if anyone would like to give a presentation on this project. -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Mr. Chuck Leemon appeared before the Counc~t and stated he would like ~o brin~ ~Hol~day Inn Type Motel to Boynton Beach. As~ mentioned-previously, he came before the Planning & zoning Board in 1976 With ~a formal request to build a hetel on this property. After lengthy discussions, it was3determined the only objection at that time was the method of entry~and traffic flow. In erder~.to solve.that problem, at great expense~ he bouqht several pieces ~f property to make a simple entrance off of State Road 804. Since then, he has c~me up with a deSignof ~-HoI~idaY/Inn which is un~sual'a~ ~ery attractive% He'~as reoeivedmany compliments on the pr~posed building ana ~et up a r~nde~in?f0r the' audience to ?i~w. ~Over 500 people have signe~ a~pet~ion.in favor of this as~they believe it is the hig~es~ a~b~s~uSelof that landl ~e~ailstudies-have been made ~n~.the property, impact, feasibility and traffiC. T~he~impact. a~d~easib±lity'studies show minimal inconv~enience to any peo~l~'Livin~ i~n the area. In'reference to ~raffic, he rea~ an ex~z~pt'from an article in thesuhlsentinel pertaining t~ ~raffic for motelst~cominq One at a time and not in a parade. Thelmajor %h~g is that. the hotel is desper~tel~need~d. Feasi- bility stuSies show that'within two years, Boynton Beach will be short Of rooms fo~ guests. The Exxon .study in a city about the same size in~icah&d that the money generated from hotels cha~ged h~d~ 2i .~imes before leaving th~ area and this means ~everal million d0tIars of revenue added to Boynton B~ach. Also, there Would be 150 additional jobs",f0r local citizens. They also plan ~o meve their executive offices here which will bring, an a~t~onal~'~muber of employees h~re. He then sub- ~it~ed cop~e~ of a letterfrom the Board~ Chairman of Holiday In~ 6ommen~g On h%s b~ckground and~exp~ience. The~e~ave been some ~leadin~ ~ommant~s'made by sO~e.~e0ple n?t un~er- Standing t~e need for this project. A d~ei~i'on against i~ wou~td' be v~t-ing against the professionals hired to make the studies as well as the chamber Of Commerce. He believes it would leaalt6 stagna~i0n in this town. .For many years to come, the decision made tonight will affec~ B0ynton Beach. Mr. Joseph Palermo, 140 Neptune Drive,~ Hypoluxo, appeared . . before the Council and advised tha~ he owns two duplexes~approxi- mately 200 yards to the east of this pro3ect. He is an active real estate broker in the area and has be~n a resident of the City of La~tana for 25 years. A City is judged by impulse and first impression. After seeing the~e plans, he f~elS he should take his r~ntal apartments and redesign th~m in a commercially harmonioust~ ~ design to create a better impression along 2nd Avenue. Mr. Edward J. Runk, N.W. 4th Street & Ocean Aven~e, appeared before the Council and stated that~h~ is probably closer than anyone else as ~far as a residential effect. He does not know if anybody within~the 400 ft..signed~the petition against this. He has not. He surely would sign one for this. He would like to see this motel rather than an all-night restaurant. If a motel is not put there, the big question is what will be put there. -12- MINI1TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Mr. Ray Zompa appeared before the Council and stated that he has lived in Boynton Beach for 30 years. He owns two lots within a 500 ft. radius of this hotel. He is surprised this is being heard again tonight because the City of Boynton Beach is ~n need of saeh an establishment. People eoming into our City dontt find it easy to find some housing here in the winter time. Business people com- ing into our City have no place large enough to meet. He owns resi- dential lots and will be glad to build two homes if this Holiday Inn goes in. He built a home in this area three years ago and it took a long time to seal and he almost had to sell at cost to get rid of it because of what is in the immediate area. He feels an establishment like this would cmeate a buffer zone as aueh for some needed commereial business in that area. He feels when this is built, he can sell houses much easier than at the present time. Every time somethingigood comes to benefit the City~ there is always somebody against it. His lots are real close and he did not sign the petition against~ but would sign one for it. Mr. James Graham appeared before the Couneil and stated that he has lived here for 11 years ~nd owns property on 2nd Avenue where he has his business. He was really delighted when he found Holiday Inn wanted to build in that area. He has a beauty salon and talks to people all day long and all the eomments have been positive towards this. He has tmave!led all over the eountry and always stays at Holiday Inns and they are terrifie. Anyone in favor feels like he does that this will definitely help the area. He bought his pro- perty 1~ years ago and has improved the property. 2nd Avenue is an important street in our area. This street could make a nice impres- sion on the people who live here and visit here, He was disenheart- ened when it was turned down the last time. He talked to people afterwards and everyone agreed that Holiday Inn was needed. He would never seeond guess an industry the size of Holiday Inn that would spend their money and time and have experts come in and make studies. If these experts think this is a good location, he be- lieves them. Holiday Inns are well kept and an assettto the com- munity all over. It will be favorable for Boynton Beaeh. Mr. Serge Pizzi, 1061 Coral Drive, appeared before the Couneil and referred to the progress of Boynton Beach during the past ten years. When he heard Mr. Leemon was going through the preliminaries for a Holiday Inn~ he got an inspiration from this and obtained plans to remodel two buildings he owns on 2nd Avenue. He is very much in favor of a Holiday Inn. He thinks it would be a beacon for the town. He referred to people not knowing where Boynton Beach is and stated this will make it known. This will change the whole street and a change is needed. He has received favorable comments in regards to the remodelling of his property. -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Mr. Harvey Oyer, Jr., 227 S.W. 15th Avenue, appeared before the Council and stated that he operates an insurance and real estate office at $11 East Ocean Avenue. He does not have any property near this, but would like to speak on behalf of it. It is import- ant to the entire community. A motel is needed particularly with Q~rapid growth. The dwellings in the area are obselete*and this would be an improvement to that neighborhood. He referred to being born in Boynton Beach over 50 years ago and told how the City had changed through the years. He referred to the major roads into our City and stated that it is important to make the maximum use of these aceess routes as it is the first impression of our community. He thinks it is eneouraging with the vast development to the west of town that a large organization like Mr. Leemon represents is~ willing to invest towards the oldem part of town. Every city i~ the Hnited States has hadaa problemstah~izing their downtown area. This is going in the older sect/on and will be an encouragement for~every property owner to develop property. It will also add considerably to the tax value. If people do not find services in a community, they go outside and we take the financial loss. He thinks it will make a definite addition to the eommunity and make a better place to live. Mayor Jackson ascertained there were no further speakers in favor and then following appeared to speak in opposition. Mr. Earle Waters appeared before the Council and stated he has lived on N.W. 1st Avenue for 20 years. He has noted the speakers in favor of this do not live anywhere near this property. Most of the names on the petition in favor are from Leisurevil!e. Others are speaking for because it means money in their pockets. They say it will put Boynton on the map, but Boynton is on the map. Boynton will continue to grow. He moved here when there were 9,000 people. The Council voted this down once and the Planning $ Zoning Board voted it down. It was only brought up again because of Mr. Kohl having so much pressure brought upon him. This pressure pro- bably acme from the Chamber of Commerce or people who have something to galn, Mr. Ca!dwell interrupted him and stated he objected. Mr. Waters eontinued with referring to the Mayor's comments abou~c~ people travelling along 1-95 wanting a p!aee to sleep and eat and stated that on H. S. 1, there is a whole gang of eating places with two more being built and everyone comes to Boynton to eat. He imag/nes the pressure was brought on by the Chamber of Commerce and he does not see what they are going to gain. Mr. Leemon stated that it will mean $1~000~000 to the City - to whom in the City? This City is composed of people who made enough money and were smart enough to retire here. if you take out the retired .people, you won:t have nothing left. The people left would be out of work. If this is rezoned, they must do what it says in the petition and that is abandon - that is a nice word for giving. If the roads are aban- doned, they are a gift to Mm. Leemon and will enable ~im to have square feet enough to build. It has been estimated that this land is worth $44,000 and this land belongs to the City and the City belongs to the taxpayers. He does not think the taxpayers *See min- utes 9/1! -14- MINUTES -. REGULAR CITY CGUNCIL MEETING BOYNTON BEACH~ FLORIDA SEPTEMBER 5, 1978 mn the revolting position they are in all over the oountmy will be very happy if this City Council votes to give Mr. Leemon $44,000 of their~land. He then referred to the rendering shown and stated that it was all out of proportion if it is a four story building. If a four story building is built on that property, three stories will be higher than the school across the street; it will be a monstrosity. Why they want 100 rooms is more than he can imagine. He cannot ima- gine people travelling south to Miami or Key West stopping here when just an hour or two short of their destination or when going north after travelling only one or two hours. The only thing he eon rea- son is that Mr. DeMarco was quoted in the paper that he was not going to move out of Boynton Beach to run for the County Commission because he had two big deals and this is one and the other is the sports eomplex. If we don't build a ball field for $2~000~000o Mayor Jackson interrupted him and advised that the subject was not the ball field but the rezoning. Mr. Waters eontinued that the two are tied together. If we don't build the ball field and give it to Canada and then the motel can be built and the next thing will be Rinker building their cement plant! Mr. John Midgette appeared be~re the Council and stated he would like to direct some questions to Mr. Leemon. In reference to hav- ing ingress and egress on 2nd Avenue at that particular location, he talked to the State and County engineers and was informed that it was impossible under the present conditions to have anyone coming out of there making a left turn onto 2nd Avenue. Mr. Leemon informed him that this was one of the first and basic things they ehecked on. It was investigated a year ago and the State says it is possible to work with them in any way they eon. If there is a hotel there, it will be assured that there will be a proper entrance. They have cheeked on it and there does not appear to be any problem. They will follow all the requirements. Mr. Mi~gette referred to their plans including a dining room with whiskey being served and stated that aecording to the State law, liquor cannot be served within 3,000 feet of a school. Mayor Jackson replied that this was not the issue. If it is against the law, it will not be allowed. Mm. Midgette then requested Mr. Roberts to read the different busi- nesses allowed in the C-3 zone and Mr. Roberts replied that when he gets through speaking, he will speak in opposition but does not have the list with him. Mr. Y~dgette continued that in changing the zoning, there is so much involved. The Planning $ Zoning Board and City Couneil turned this down previously. The only objection he has, along with a lot of neighbors, is the additional traffic they could be involved in. A change of zoning bom R-IA to C-3 on N.W. 1st Avenue would not be justiee to the neighborhood. -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Mm. LOU Samyn, 151 S.W. 25th Avenue, appeared be~re the Council and stated he did not thi~k the issue here is do we want a Holiday Inn type motel or not. He thinks everyone wants one and Boynton needs one. The question is to take R-IA land and spot zone it to C-3. There is a lot of C-3 in the City of Boynton Beach. There is a lot along 1-95 - Mr. Jarvis' property which was zoned for a motel of this type with eight acres and was also planned right with having six acres of buffer between Leisureville. At 'this site, the motel will be 50 ft. from the residences, half the distance of this room. When M~. Leemon bought this property, it was zoned C-2 and R-IA and he does not think he paid the commercial rate for it. When you can buy R-IA property and get it turned to C-3~ there will be a big pot there. It was stated that-t?~e motel would have 100 rooms and employ 150 people and he questions how this can all fit with the parking on two acres plus having the restaurant. He talked to Fir. Jarvis and he is in the process of contacting Mm. Leemon to see if he wants to buy some of his property at Woolbright Road & 1-95 which is zoned properly with a buffer. It ~would be morally wmonq to take R-iA and spot zone it to C-3. It would be grossly unfair to the people in the area. He bought six lots and discussed a possible ohange in zoning at that time with the Plan- ning & Zoning Board and was assured it would not be rezoned to commercial and spot zoning was eliminated by the master plan. Ms. Mildred Cooner, 429 West Ocean Avenue~ appeared before the Council and stated that Boynton needs a motel and a nice one and this is a beautiful building, but it should not be built in a resi- dential neighborhood across the street from a school. She has been mobbed twice duming daylight hours and nothing has been recovered. This property does need cleaning up. Several times durin~ the week, police are there walking dogs. There is a lot of thick underbmush. Very few are present this evening representing the neighborhood be- cause many widowsllive in the neighborhood and do not come out at night because of health reasons. She grew up in Boynton Beach, having moved here when she was 4 years old in !931. She never thought she would have to stand before strange people and ask for a favor. She asks the Council to vote against this rezoning from residential to C-3. If they do vote yes, she hopes they will have to stand in judgment and answer some of the problems it causes if any at all. Mayor Jackson c!al~ified that there would not be an entrance on 1st Avenue and Mm. Leen~n agreed and advised that the plans have been revised and all entrances were eliminated from 1st Avenue. Mayor Jaokson referred to the utilities being reloeated and Mr. Leemon agreed and advised that he believed his engineers had worked this out. Mayor Jackson questioned why it would take 18 months tobhuild and Mr. Leemonexplained how 18 months was an outside figure with plans having to be reviewed and approved by Holiday inn. Mayor Jaekson then requested that a map be shown and the exaot loeation pointed out. -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEFiBER 5~ 1978 Mm. Leemah explained the eoncept with a garden type area on the peri- meter with a split wall and planting for screening. He pointed out the lceation for the main building and restaurant west of the ease- ment line on 4th Street. He added that tlm leg extended area was for the balance of parking so there will be an area close to the restaurant and meeting room, ~ whimh will be screened with a heavily planted area and wall. Mayor Jackson asked if a swimming pool was to be included and Mr. Leemon replied affirmative!y~ adjacent to 1-95 with a playground area. Mr. Harold Werger questioned the loca- tion of the entrance and Mr. Leemon pointed to it on 2nd Avenue. Mr. Roberts explained how the utilities would have to be relocated if this abandonment was granted. Discussion followed about this and Mr. Leemon stated that his engineer would meet with the City Engia4 neet to reach an agreement on this. Mayor Jackson requested Mr. Perry Cessna to address this issue and Mr. Cessna informed them that there is a 16?~ water line mom/hq along 2nd Avenue which would go underneath their major paved parking area. It would have to be cut off and moved along the pemimeter of their property and tied in where it goes under 1-95. Mayor Jackson referred to the cost of this and Mr. Cessna replied that it would be approximately $30 to $35 per ft. for the relocation. Mr. DeMareo asked if he would be willing to move these lines considering the most and Mr. Leemon replied that he would be willing to move if necessary~ but he sug- gests that the engineers discuss it. Mr. Roberts referred to the modern hotel rooms being about 10 x 25z and stated with the buffering and easements, he could not see how a 100 moom motel mould fit on this site. Furthermore, there is no guarantee they will get a Holiday Inn fmanmhise even though making application. He has stayed at Holiday Inns along the east eoast and in only a few exceptions are there residences around the motels. The master plan was approved in 1975 and C-2 zoning was noted on 2nd Avenue all the way down to preteet the residential area. It has been a feet ~or many years where 1-95 would be located. There is no guarantee this hotel will be built. The main issue is rezon- in~ from R-33_ to C-3. If this is rezoned to 0-37 a can of worms will be opened because Mr. Miehae! will want his area zoned C-3 on 23rd Avenue in Golfview Harboum. This is comparable with rezoning residential to commercial. He stressed that there was no way to guarantee what wi!! be built and eommented on some of the businesses allowed. The residents have l~ved with C-2 because most of the busi- nesses allowed in C-2 mlos~ at 6:00 P.M. and the people ean get a night's res~. He referred to the professional planners studying the area for the City[s Comprehensive Plan and read the comments recommending the commereial to be extended in depth along the north side of 2nd Avenue, but not the south side beeause it is an estab- lished residential area and should not be disturbed. He maintains that they should not eneroach into residential. For the reason of the abandonment of the area, reloeation of utilities and lack of space for rooms, he would be against rezoning to C-3. - 17- MiNTdTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Mr. Caldwell replied that he could appreciate Mm. Robertst coneern~ howevem~ he thinks there dan be no problem too large that the proper consideration cannot~so!ve. He tkinks a lot of objections can be handled by taking a look at the property. He referred to Lots 57 6, and 7 in Block 72 and stated he was opposed to mezoning this commer- cial because it ~goes into residential. He pointed out that Block 73, Lots t~3 and 31-36 would be the location of the building. By allowing this to be rezoned to C-3, the heavy commercial property would be isolated in the furthest northwest section of the entire parcel in question. The request is to rezone from C-2 to C-3 in Block 71~ Lots 1-5 and 6-10 and he understands this can easily accommodate in, ess and egress as well as parking accommodations. These lots canremain C-2 for the parking facilities and he does not recommend they be rezoned. Block ~2~,~ which is eurrently R-iA, should be C-1 so it could be a buffer zone for the residential. With regard to the question whether this land is ever developed as a lmotet, as he understands, we have the power and responsibility to put in a Stipulation clause in the zoning approve! whereby if eon- stmuction is not initiated within nine months of the final approved zoning change that all.land in question will revert back to the original zoning prior 'to the app!ieation. This will guarantee people in this area that other uses allowed in C-3 will not creep into this area and will protect ~he unity of the entire parcel of land. He also feels by developing this whole tract as one contigu- ous project: it will enhance the property for the homeowners to the south where homes exist. He feels that 'we should also include in t~e motion~ if any is made~ thatcontingent~to t~ rezoning request that it is guaranteed there will be no access read to the motel from 1st Avenue. In speaking to many residents, this is one of their primary concerns. Als~ if utilities must be relocated~ they mus~ be moved with the C/tyEngineer~s approval out of that area and connected with a mo~ direct route to N.W. 2nd Avenue. The builder must update and upgrade the condition o~ the lines. He meally feels if this compromise is adhered to and the Council agmees~ what we are doing is allowing the.people in this immediate area a true buffer as it is meant to be f~om C-2 to c-1 to ~esidential. It will also keep the heaviest commereia! zoning in the furthest portion of the land from any existing residential home. Mr. Roberts stated that we are alt+in~gmeement we need a Holiday Inn or nice motel and we f~ill~have it. He refemmed again to not having any guarantee that a motel will be built if it is rezoned and stated a massage parlor or any uBe~ allowed in CQ3 could be built. It is ridiculous to put in all the sti~ulations. The aban- donment has not been resolved. He referred to motels having large air conditioning units and exhaust ~ans ~or the restaurants and stated these are located away from the motel a~d would dishurb the residences. He asked if they were going to take a residential area and rezone it C-3 and then have to face the people if a Holiday Inn is not built? -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Mr. Caldwelt replied that he feels by allowing a nine month con- struction start deadline on this project, it will be ample time for Mr. Leemon to get all the plans ready. If the project falls through, everything reverts back to the original zoning. In the meantime, if Mr. Leemon immediately after second reading requests something other thane motel, please keep in mind that we have the Plaraming & Zoning Board and City Council that must hear and approve all steps. Mr. Roberts asked Mr. Moore if we have the right to stop construction that is permitted in C-3 andMr. Moore replied that there is some precedent for conditional zoning, such as a PUD. Mr. Roberts clari- fied that he ~was talking about a speei£ie type of building as he has been told .many times that once it is zoned, you are allowed to build anything allowed in that zone. Mr. Moore replied that there is conditional zoning. Mr. DeMarco questioned Mr. Caldwell~s recommendation for Lots 5,6, and 7 in Block 72 and Mm. Caldwell replied that he refused to re- zone that because it is too deep in the residential neighborhood. Also, there is no need to abandon that piece of the street. He suggests denial For rezoning and for the abandonment because it is not necessary. The propertyline could run straight along 1st Avenue. Mr. Leemon informed him that this abandonment of this see- tion of N.W. 1st Avenue was requested so they could make a better appearance for the inn and need that section to get to the lots for parking. He has considered Mr. Ca3_~well's comments very sincerely and if Lots 5, 6 and Y are removed~ he feels they would have to ad- just the buildings somewhere in the neighborhood of 60 ft. to the east of the easement line. He explained how this particular park- ing area was a balaneedparking area and the design was based on that part. He would like to have half the street abandoned and be able to have C-3 about 60 ft. east of the easement line which would off- set the parking area. Further discussion followed. Mayor Jackson again referred to the relocation of the utilities and Mr. Leemon requested that his engineers be given the oppor- tunity to investigate this as it was just presented to him tonight. Mayor Jackson clarified that if there was a favorable vote on these applications, the engineers could meet and Mr. Leemon agreed. Mr. Coldwell added that if these are passed subject to his comments, there will be another hearing to either accept or reject it if the easement is not resolved. Mr. Roberts suggested tabling the appli- cations. Mayor Jackson replied that two members of the Council will not be present at the next meeting. Mr. Leemon then explained how the project could possibly take 18 months. He requested that they investigate his track record and assured them he would build what was shown. Mr. Coldwell replied that he appreciated this and does want to cooperate; however, the He people in this area are very much concerned. . questions whether 18 months is really necessary and all plans%h.~o~id~be approved by the City within two months. He would be willing to go one year, but longer than that would make the residents uncomfortable. Mr. DeMarco asked if he was talking about starting or completion and *See Minutes s/19/78 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Mr. Coldwell clarified that he meant starting within one year from when the ordinance is passed. Mr. Leemon requested 12 months plus whatever time is required for the City to proeess the plans. Mr. Coldwell moved to approve the recommendation for rezoning based on the following changes~ alterations and amendments: A twelve month starting time effeetive at the date of the ordinance fo~ the initial construction to be established. In the event construction is not started, all zoning will be reverted back to the omiginal zoning as of '~oday~s date if eonstmuetion is not started. Zoning on Block 71, Lots 1 thru 5, and acreage to the east to~Demain C-2. Zoning on Block 73, Lots 1, 2~ 3~ 31 thmu 36 inclusive~ to be rezoned to C-3 to accommodate building. This is where the addi- tiona! 60 ft. swap would occur which would require abandonment of the right-of-way of N.W. 4th Street north of 1st Avenue. Mr. Harmening clarified that 60 ft.of that abandonment would be C-$ and Mrs. Padgett informed them that it was only a 50 ft. right-of- way. Mr. Coldwell stated that he was including Lots 6 and 5 of B!oek 71 making it C-3. Block 71~ Lots 7 thru 10 will be C?.~ Mr. Leemon requested that Lots 6~ 7~ and part of 8 be included in'he zoning. Mm. Coldwell stated that they could not split zone one lot and Mr. DeMarco infommed him that the zoning could be 60 ft. east of the easement. Mr. Caldwelt e!arified that the C-3 zone would extend 60 ft. east of the right-of-way. Zoning of Block 72, Lots 5, 6 and 7~ be denied for any re- zoning and remain R-iA. Abandonment of that strip of N. W. 4th Street north of 1st Avenue only if applicant agrees to move utilities at his expense and there will be no access road through N. W. 1st Avenue. Subject to all other buffer reeommendations. Mr. DeMarco seconded the motion. Under discussion, Mayor Jackson meferred to the R-iA parcel and clamified that it would be used as a garden spot and Mr. Moore agreed and added that it could not be used for commercial purposes. Mr. Roberts commented that he has been sitting here off and on sinee 1972 and has never heard any- thing so screwed up in his life and will vote against it. As re- quested, Mrs. Padgett took a roll call vote on the motion as follows: Councilman DeMarco - Aye Vice Mayor Harmening - No Mayor Jackson - Aye Councilman Roberts - No Councilman Coldwell - Aye Motion carried 3-2. -20- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP~IDA SEPTEMBER 5, 1978 Abandonment Requests Parcel: Applicants: Portion of N.W. Cth Street between SR-804 and N.W. !st Avenue lying between Lots 5, 6 & 7, Block 72, and Lots 31 8 32, Block 73; Beverly Hills Addn. No. 3 Linde L. & Charles L. Leemon, III Mr. Moore advised that he feels this matter was included in the previous motion and the basic issues were discussed. He thinks the intent and discussion covered these abandonments. SZTE DEVELOPMENT PLANS Applicant: Location: Description: Howard McCall for M. J. Morris~ Mego Vision Co. S.W. 50th Ave.~ East of Congress Ave.~ West of Voe-Teo Mini-warehouse Complex Consisting of 416 Hnits - First Phase Mr. Howard McCall~ architect representing the applioant~ explained the plans for this mini-warehouse development on a ten acre site off Congress Avenue at $0th Avenue. He told about the various sizes of the units available for rental and uses. Mr. Kohl added that the property is properlyzzoned at M-1. Mr. DeMarco made a motion to approve these site development plans subject to staff recommendations since 'they have been approved by the Planning L Zoning Board. Mr. Roberts seeonded the motion. No discussion. Motion carried 5-0. LEGAL (Continued) Other Consider Request f~om First Baptist Church Dr. Ernest ~. Campbell appeared before the Council referred to sub- mitting a request and stated they would appreciate action by the Council upon this temporary structure. He explained that the First Baptist Church has owned this property for many years and are ap- proaehing the point of building a permanent structure and would like to start a ministmy on this property. Mayor Jackson asked if anyone would like to speak in reference to this request and the following appeared before the Council. Mr. Tom P!ummer, Vice President of the Golfview Harbour Homeowners Association, appeared before the Couneit and referred to a letter being submitted from the President of this Association giving forth comments about this temporary structure and advised that he was not aware of the issuea nor were the Board of Directors or members. In talking with approximately 4G% of the membership, they were not aware of this nor in favor. He does not think any type of temporary -21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 structure should be located in this neighborhood. He believes it would set a precedent. He feels any structure should be permanent. Let them proceed with building the permanent~ureh. He does not have any ebjections to the ehurch. The members of the Homeowners Association do not ecncur with the letter as written and respeet- ~lly request the Council to disregard this letter on behalf of the membership and Board of Directors. Mr. Clyde Worrell, 334 S.W. t2th Avenye, appeared before the Council and stated that he is a m~mber of the First Baptist Church. He ex- plained that-the temporary structure would be a soft skinned, loop tied, wooden pole tent. It is requested they be allowed to use it for conee~s and speaking engagements on a temporary basis. The request is for a limited time so the ministry ean be started there. They request six monthsT approval with the possibility if additional time isn~eded, requests would be submitted on a 30 day interim basis. They have concerts and speaking engagements and uses for this tent and it will not be used as a permanent church facility. Mr. Roberts clarified that the request was for a big tent with no sanitation and Mr. Worrell replied that there would be temporary sanitation. Mr. Roberts referred to it being subject to winds and stated he could not grasp how a tent could stay up for six months in a residential neighborhood wit/a no sanitation facilities and with the winds we are subjected to. Many people have ca~ted in opposition. Mm. Worrell informed him that the Homeowners Association in Leisure- ville~ Boynton West Development Corporation, and Mr. Miehae! all have no objections to this particular faeitity and took anaffirma- tive view. All the requirements of the Building Depar~mentaand Health Department 'would be met. Mr. Roberts questioned how wires could be strung in a tent and Mr. Worrell replied that he is sure there would be requirements. Mayor Jaekson questioned the size of this tent and Mr. Kohl re- plied that it would hold 1,000 seats and Mm. Worre!! added that it would be 60 x 100 feet and portolets amc required by the Health Department. Mayor Jackson referred to these being set all over and Mm. Wormell informed her that ten were required. Mayor Jaeksonstated that the request is for six months and Mm. Worrell requested it to be approved on a temporary basis. Mm. DeMareo suggested possibly granting for three months and if everything is satisfaetory~ they could come back. Mr. Worrel! clarified that there was alimited use for this facility and they would only keep it up as long as it is not a detriment to the community. -22- MINUTES - REGULAR CITY COUNCIL MEETING BOY~ITON BEACH, FLOR!DA SEPTEMBER 5~ 1978 Dr. Campbell referred to gospel preachers going anywhere and setting up tents and Mayor Jackson agreed~ but stated they ame usually for a one to two week period. Dr. Campbell stated that the First Bap- tist Church is interested in ministering to people of all ages. He referred to living in Golfview Harbour and how children played in the streets and stated they planned to build recreational facilities for the children to help the p~oblems in Golfview Harbour. He is distuDbed at his neighbor speaking against this. He urges the Council to think in terms of a larger g~oup. If this is app~oved~ a nationally known g~oup will be appearing here on September 14. Mayor Jackson clarified that-we are not discussing the purpose of the tent~ but permission for the tent. Mr. Paul Michael, Project Manager of the Golf g~Rmcque~ Club, ap- peared before the Council. He referred to having 1~000 ceres of land right in this area and stated he did not like to begin the relationship by objecting to religious services, but a 60 x 100 ft. tent Qnly ~ mile from them is not eonducive to what they would like to see in the community. Mr. Caldwelt stated that he hates to be speaking against God's work~ but he has serious doubts. As the site exists~ there are no parking facilities. He has serious reservations with regard to the temporary nature of the tent facility. He has been hear- ing a church will be built there for several years and is still waiting to see it. He sees the church has started their housing pmoject immediately to the north. He questions the order of pre- ferenee. He just cannot see allowing a tent that size for such an open and indefinite period. He believes the original request was for extension at the end of six months and can see it being amgued for extension. He has lived in Golfview Harbour for six years and does not think anybody in that neighborhood can accuse him of not working for that neighborhood or the kids and he ques- tions the ability of this tent stmucture to be in complete synthe- sis of the neighborhood. He would like to see the permanent church structure built. A tent does nor lend itself th the appre- elation or ae~he~ie value of the neighborhood. Mr. Caldwell moved the denial of this request from the First Bap- tist Church for the erection of a 60 x 100' tent, seconded by Mayor Jackson upon turning the gavel over to Vice Mayor Harmening. The vote was then taken and Mr. Caldwell and Mayor Jackson voted in favor of the motion and Mr. Harmening and Mr. DeMareo voted against; Mr. Roberts had left at 10:30 P. M. Motion tied 2-2 and Mr. Kohl announced it was a dead issue with a tie vote. Ordinances - 2nd Reading - Public Hearing Propesed Ordinance No. 78-34 - Re: Adopting a Budget for the Fiscal Year Beginning October 1, 1978 and Ending September 3Q, 1979 Mr. Moore read proposed Ordinance No. 78-$4 by caption on second reading. -23- MINUTES - REGULAR CITYCOUNCILMEETING SEPTEMBER 5, 1978 BOYNTONBEACH~ FLORIDA Mayor Jackson asked if anyone in the audience wished to speak in favor of this ordinance and received ac response. She asked if anyone wished to speak in opposition and received no response. Mr. Caldwell moved the adoption of Ordinance No. 78-34 on second and final reading~ seconded by Mr. Harmening. No discussion. Mrs. Padgett took atoll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Jackson Aye Councilman Roberts - Absent Couneilman Caldwell Aye Councilman DeMare6 Aye Motion married 4-0. Proposed Ordinance No. 78-35 - Re: Fixing a Tax Millage Rate Mr. Moore read proposed Ordinance No. 78-35 by caption on second reading. 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 tosspeak in opposition to this ordinance and re- ceive~ no ~esponse. Mr. Harmening moved the adoption of Ordinance No. 78-35 on second and final reading~ seconded by Mr. Ca!dwell. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Caldwetl Aye Councilman DeMarco - Aye Vice Mayor Harmening Aye Mayor Jackson Aye Motionoarried 4-0. Proposed Ordinance No. 78-36 - Re: Rezoning Portion of Parcel Plat of Tenth Seetion of Palm Beach Leisureville~ f-rom Zone R-1AA to Zone C-1 Mr. Moore read proposed Ordinance No. 78-36 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 wished to speak in opposition and received no response. Mr. Harmening moved the adoption of Ordinanee No. 78-36 on second and final reading~ seconded by Mr. DeMareo. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: -24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA SEPTEMBER 5, 1978 Councilman Ca!dwe!l - Aye Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Motion carried 4-0. Proposed Ordinance No. 78-37 - Re: Appendix A, and Section 9, c~ 5, g~ of the Code (PID) Repealing Section 7~ I, 1, e, Appendix A, Zoning Regulations Mr. Moore read proposed Ordinance No. 78-37 by caption on second reading. Mayor Jackson asked if anyone wished to speak in favor of this ordi- nance 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. 78-37 on second and final readinq~ seconded by Mr. Caldwell. No discussion. Mrs. Padgett took a roll ecl! vote on the motion as follows: Councilman DeMarco Aye Vice Mayor Harmenin? Aye Mayor Jackson Aye CouncilmanCaldwel! Aye Motion carried 4-0. Proposed Ordinance No. 78-38 - Re: Amending Section 21-35 of Chapter 21 Pertaining to the Municipal EmployeesT Pension Plan Mr. Moore read proposed Ordinance No. 78-38 by caption on second reading. Mayor Jackson asked if anyone wished to speak in favor of this ordi- nance and received no response. She asked if anyone wished to speak in opposition to tb/s ordinance and received no response. Mr, Harmening moved the adoption of Ordinance No. 78-38 on second and final reading, seconded by Mr. Caldwell. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Jackson Aye Councilman Ca,dwell Aye Councilman DeMamoo Aye Motionearried 4-0. -25- MIRI1TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Proposed Ordinance No. 78-41 - Re: Rezoning Certain Parcels of Land Located in Section l, Township 46 South, Range 42 East~ and Seetion 6, Township ~6 8outh~ Range 4S East, from Zone R-3 and C-3 to Planned Unit Development (PHD) District with Land Use Intensity (LUI) of 3.9 (Summit Assoc., Ltd.) Mr. Moore read proposed Ordinance No. 78-41 by caption on second reading. Mayor Jackson asked if anyone in the audienee wished to speak in favor ~f~ this ordinance and ~eceived no response. She asked if anyone wished to speak in opposition and reeeived no response. Mr. Harmening moved the adoption of Ordinance No. 78-41 on second and f/hal reading, seconded by Mr. DeMarco. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Caldwel! - Aye Councilman DeMarco -Aye Vice Mayor Hammening - Aye Mayor Jackson - Aye Motion carried 4-0. OLD BHSINESS C!arification of Appointment to Board of Adjustment (Mayor Jackson) Mayor Jackson referred to appointing Mr. Robert Olds to the Board of Adfustment to take the place of a regular member and stated that the custom has been to move an a!ternate member up to take the p!aee of a regular member and she would li~e it elarified whether Mr. Olds was appointed as a regular or alternate member. Mm. Harmening agreed this has been the custom in the past and added that it has worked very well. Mr. Ha~menin§ moved to move Mr. Charles Rodriguez as a regular member of the Board of Adjustment and Y~. Robert Olds shall be an alternate member~ seconded by Mr. DeMarco. No discussion. Motion married 4-0. NEW BHSINESS Discuss Florida Inland Navigation District's (FIND) Feasibility Study to Deepen the Intraeoasta! Waterway (Mayor Jackson) Mayor JacksoK referred to submitting letters regarding this study and told how this was a periodic inquiry with objections being ex- pressed from the fisb4ng f!Aet, damage to sea walls~ bridges will have to open more for the larger ships, pollution ~from the big sh/ps, etc. She suggests that we submit a recommendation. MINUTES - REGHLAR CITY COHNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5~ 1978 Mm. DeMarco questioned how deep they intended to dredge it and Mayor Jaeksonmeplied lotto 12 feet. She added that it has been said in time of wa~ large ships full of ammunition could be mun down the IntracoastaI. Mr. Hammening moved to instruct the City Manager to draft the ap- propriate letter orccommunication expressing Council disapproval with copies to everyone, seoonded by Mm. DeMarco. No discussion. Motion carried 4-0. Pair Share Contributions Ordinance by County (Mayor Jackson) Mayor Jackson referred to submitting copies of this ordinance and advised that 'a vote would be taken on this this week. Mr. Caldwe!l stated that if we do raise monies in this City for widening and improving roads~ what assurance do we have all those monies raised within the corporate limits of Boynton Beach will be used on Boynton Beach roads andMayor Jackson replfed that we did not have any ac- corclinq to this~rdinance. Some dfscussion followed and Mayor Jackson advised that Mr. John Jameson would be speaking at the Task Force meeting. Mr. John gameson appeared before the Council and informed them that the meeting was held today. The decision of the Task Force was td request the County Commissioners to grant at least 90 more days for a study of this ordinance. The County requested a decision f-rom the Task Force, but the Task Force voted unanimously today that there wou]d be no decision made as they want more time. The same matters mentioned by the Council were discussed. Mayor Jackson asked if anything was said about the money going to be spent in the City and Mm. Jameson replied that ~nothing was decided. Mr. DeMareo moved to table this until Mr. Jameson gives a further report~ seconded by Mr. Harmening. Unde~ discussion, Mr. Harmening stated that he believes the concept expressed is pretty reasonable. This will put theburden of the moads on the people causing the problem. He partially agrees that the monies should stay in Boynton Beaeh~ but it must be realized that this is not entirely possible. He explained how moads would go through areas with little construc- tion and the road just could not be stopped. He thinks there has to be some flexibility to make it tc~t!y 'workable. Perhaps there eould be some formula where the major portion of the impaet fee would re- main in the area where it is generated. Motion carried 4-0. Discuss Resolution to be Sent to the Florida League of Cities (Councilman Richard D. Caldwe!!) Mr. Caldwell announced that obviously we have a breakdown in communi- cation with the Area Planning Board and their concept as to what was said at the August 16 meeting when they passed a resolution adopting Option 6 presented by Mr. Paul Startzman. It appears now that inter- proration of the original motion is that the County Commission is going to be the main 208 lead agency and the receiving agency of all -27- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP~I~DA SEPTEMBER 5, 1978 future funds. He explained how the most capabl~ body would be the South Florida Water Management District, but the Area Planning Board felt the body should be composed of elected officials. He suggests we take the initiative and send a resolution to the Florida League of Cities and any other inter-city group requesting the govern- ment'and legislature to move for the direct election of the directors of the South Florida Water Management District. Mayor Jackson replied that resolutions must be presented to the League office by September 19, so she suggests that a letter be sent. Mr. Harmening explained how he thought this would just be an exercise in futility. Mr. Ca!dwell referred to the South Florida Water Management District being the ultimate 208 lead agency and stressed that an elective body must be created so this District represents the people. Mr. Caldmelt moved to prepare the proper resolution to be sent to the Florida League of Cities and Palm Beach County Municipal League and any other necessary league indicating the intent and desire of the municipalities, particularly Boynton Beae~ to go to a directly elective body for the South Florida Water Management District, seconded by Mr. Harmening. Under discussion, Mayor Jackson suggested that Mr. Caldwe!l meet with Mr. Moore to work on this. Mr. DeMareo referred to the County Commission being elected and having pretty good rapport and stated we may be well off with them. Mayor Jackson replied that this was discussed at the Board meeting and we need someone with broader scope. Mr. Startzman explained how the ten- dency was to concentrate more power in the County Government and stressed that enforcement 'was needed and the SOuth Florida Water Management Distz~ict has full and complete contmol. Motion carried ADMINISTRATIVE Review of Proposed Improvements to 1-95 Mr. Kohl referred to submitt~fga letter from the Area Planning Board regarding improvements to 1-95 and stated they would like to know if we approve. The proposed project will provide for high occupancy vehicle lanes, park and ride facilities for HOV buses, interchange modifications for safety or capacity, colleetor distributor lanes, ramp monitoring and metering, and safety im- provements and corrective work. Mr. DeMarco moved to approve, seeonded by Mr. Caldwe!l. No discussion. Motion carried 4-0. Review of State Mandated Uniform Accounting System Mr. Kohl informed the Council that effective October 1, 1978, we will be implementing the Uniform Accounting System as mandated by Chapter 218.33 of the Florida State Statutes. The primary objec- tives in prescribing this accounting system to all units of local government in Florida are to provide a uniform elassif-ication of -28- MI~I/TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 aecounrs and to bring local government accounting and finaneial reporting into conformance with generally accepted accounting prin- ciples. To comply with this uniform accounting system, we will be required to adopt the standard account numbers and classifications as provided by the Office of Comptroller for the State of Florida. This will not affect the total operating budget as adopted by Coun- cil. The major change is a breakdown of employee fringe benefits and other expenditures attributable to individual departments from accounts presently recorded under~ixed Charges. This will include, but is not limited to, dividing FICA, Life and Health Insurance, Pension Costs and other employee fringe benefit costs among the separate departments, as well as assigning such costs as the City LandfitleAgreement to the Sanitation Department, and false arrest insurance to the Police Department.. He wanted to bring this to their attentionsince it is required by State Statute and we must ehanqe this as of October t. We are complying and for the past few months, girls in the Financial Department have been sent to uniform accounting schools provided by the State. Mr. Harmening moved to adopt this, seconded by Mr. Ca!dwell. No discussion. Motion carried 3-0 (Mr. DeMareo had left the room). Consider Recommendations Concerning Well No. 12 Mr. Kohl referred to submitting a eopy of a memorandum from our Utilities Director, Mr. Perry A. Cessna, regarding the investiga- tion of problems we are havin~ with Well No. 12. The consensus of opinion is to use the television viewing camera to determine exactly what procedures to take regarding whether to repair or abandon this well and drill a new one. He coneurs with the recommendation to use a television viewing camera and requests Council's directive in this matter. We are trying to start out with a small cost and hope- fully will not have to drill a new well. Mr. Harmening moved that the City Manager be authorized to use a camera to check Well No. 12 in hopes we ean d~cermine the problem, secon4ed by Mr. Caldwell. Under discussion, Mr. Kohl added that he will report back to the Council regarding the findings. Motion carried 4-0. Consider Resolution for Demolition ~f Structure and Clearing of Land (Three Sites) Mr. Kohl respectfully requested the City Attorney to be directed to prepare the appropriate doeument to demolish the three structures as listed and to clear the land as stipulated in Chapter 14-A of the City of Boynton Beaeh Code of Ordinances. A map has been sub- mitred showing the location of these structures. They are loeated at 924 North Federal Highway, 1920 N. E. 1st Lane, and 1401 N. W. 1st Court. -29- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 Mayor Jackson questioned what was located at 924 North ~ederal Highway and Mrs. Padgett replied that it was the old trailer site. Mr. Kohl added that the letter sent to Mr. $ Mrs. Zamora regarding 1401 N.W. 1st Court was sent certified mail and returned undeliver- able. Mr. Hammening questioned the condition of this house and Mr. Howell informed him that strmctura!ly~ the house is pretty good but it is cpen and kids have been staying in it and tearing it apart. Mr. Harmening asked if the taxes were current on it and Mr. Howell replied that if this is approved~ he wilt check and see if there is a mortgage company. Mayor Jackson suggested possibly omitting this and Mr. Kohl explained that it wouJld be checked thoroughly. Mr. Harmehing asked how long it had been vacant and Mr. ~owell replied for about one year. Mr. DeMarco moved to have the City Attorney prepare the appmopriate document to demolish these three residences, seconded by Mr. Caldwell. Motion carried 4-0. Consider QuOtations for Storm Shutters - Library and Building, Engineering and Planning Office Building Mr. Kohl referred to submitting a Tabulation Sheet covering quota- tions received for storm shutters for the City Library Building and the Building, Engineering and Planning O£f~ce Building. The Tabula- tion Committee recommends acceptance of the low bid from Town $ Country IndustrieS, Inc., of Fort Lauderda!e in the amount of $3~930.03 for iestallation of the storm shutters. A budget transfer request is also attached for the transfer of funds from Contingency to Account No. 031-601-560-04-37 (Library, building improvements) and Acoount No. 001-261-520-04-37 (Building Department). He con- curs with the recommendations of the Tabulation Committee. May he have CouncitTs wishes on this matte~. He added that Mr. Howell brought this to his attention and ~ught we always had shutters for our Library, but never did. Mayor Jackson asked if these were difficult to install and Mr. Kohl replied negatively and they can be put up in a half day. Mr. Harmening moved to instruct the City Manager to procure storm shutters for the two buildings~ authorize the budget transfer, and award the bid to TowI% S Country Industries, Inc. in the amount of $37930.03. Mr. DeMarco seconded. Hnder discussion, Mr. Kohl added that he will obtain an affidavit. Motion carried 4-0. Consider Request from First Federal Savings g Loan Association of Lake Worth Mr. Kohl referred to submitting a copy of a request from the above regarding the use of an advertising blimp for a period of five days for the grand opening of a branch office at 246 North Congress Ave. early in October. We do not have anything in our Code of Ordinances -30- MINUTES - REGULAR CITY COUNCIL MEE~I/NG BOYNTON BEACH, FL0~IDA SEPTEMBER 5, 1978 which covers this particular temporary sign; however, our Deputy Building Official, Mr. Bert Keehr, has advised that since there is no safety or annoyance factor involved that this eould be aeeept- able upon consideration and approval by Council. May he have their wishes regarding this request please. Mr. DeMareo moved to grant, seconded by Mr. Caldwe!l. No diseussion. Motion carried 4-0. Consider Appointments to Housing Authority (Tabled) Mr. DeMareo moved to take it from the table, seconded by Mr. Coldwell. Motion carried 5-1 with Mr. Marmening dissenting. Mr. DeMarco stated that he attend~d~the last meeting of the Housing Authority and promised we would try to come up with some appointments and at least-one black member. Originally two black names were sub- mitted, but yesterday one called him and advised that he would be unable to serve. (eThese two names were submitted to Mr. DeMarco and not to the Council.) Mr. DeMareo then submitted two name~ for nomination: Mr. Woodrow L. Hay, 427 N.W. 5th Avenue, and Mr. Stephen H. Seltzer, 9 Venice D~ive. Mr. Ca!dwel! added that 'Mr. Seltzer has attended the American Insti- tute of Banking and the financial aspect is important for the Housing Authority. Mr. Harmening stated that he feels it would be ineumbent upon the Counei! to determine whether we need a Housing Authority and if not, it would be rather silly to appoint anyone. Mr. DeMarco replied that we have appointed a Housing Authority and until told differ- entiy, he thinks we should at least keep the Board active. Mr. Har~nening continued that for years we existed without a Housing Authority and in a weak moment~ the Couneil appointed a Housing Authority. The way the law struetured it, it is diffieult to abolish it and this would be one way to abolish it which he is in favor of. Mr. Coldwell referred to there currently being a good deal of frustration in the black community and several respected leaders in the black community have spoken and by abolishing the Housing Authority, it would not be in the best interest for all the people in maintaining continuity throughout the community. Mr. Coldwell then nominated Mr. Sam Wright. Mayor Jackson then ealled for a vote on the three nominations. Mr. Caldwel!, Mr. DeMareo and Mayor Jackson voted in favor of Mr. May and Mr. Seltzer. Mr. Caldwe!l voted in favor of Mm. Wright with Mr. DeMarco dissenting. Mayor Jackson announeed that Mr. Woodrow L. Hay and Mr. Stephen ~. Seltzer are the two new members amd reqRested Mrs. Padgett to notify them. eSee Minutes 9/19/78 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER S, 1978 Consider Occupational License Application Submitted by Michael D. Cain and Marilyn Bach dba MiekgyPepper Enterprises, Inc. Mr. Kohl read the application and recommendation that Chapter 27, Taxicabs, Section 27-!3, requires designation of taxicabs. Mr. Cain and Mrs. Bach request that the ears be unmarked. In order to meet zoning requirements, they plan to park the ears at Miltonts Texaco at 2360 North Federal Highway, zoned C-3. The two ears to be used are red eonvertible Cadillacs. He does not see anything wrong with this request. Mayor Jackson referred to designating these as taxicabs and asked if the plates would specify this and Mr. Cain replied negatively, but-advised that he intends to designate ?~Mick~yPepper:: on the front plate. Mr. Kohl stated that this would meet 'the requirements. Mr. Caldwell moved the granting of an occupational license For Mickey Pepper Enterprises, Inc.~ seconded by Mr. DeMareo. No dis- cussion. Motion carried 4-0. Consider Beverage License Application Submitted by Jose Marrero dba Jose Marrero?s Latin-American Pood Mayor Jackson referred to the statement made previously about not allowing the serving of liquor across from a school and Mr. Kohl informed her that if food was sold, liquor was allowed. Mr. Kohl read this application. Mr. DeMarco moved to grant approval, seconded by Mr. Hammening. No discussion. Motion carried 4-0. Consider Requests for Refunds on Cemetery Lots: 1. Lots 233-A L B, Block N - Gladys M. Hamilton 2. Lot 647-A, Block N - Nova Perry Mr. Caldwell moved to grant these requests for refunds, seconded by Mr. Harmening. No discussion. Motion married 4-0. Approval of Bills Mr. Kob! read the following bills for approval: 1. Lanier Business Products, Inc. $ 10,537.00 Microfilmer and reader/printer Pay from General Fund 001-151-510-04-76 Council approved 8/1/78 2. Moore Business Forms 1,751.71 Occupational Licenses and Renewal Notices Pay from General Fund 001-133-510-03-12 $1,551.71 001-261-520-02-72 200.00 -52- MINUTES - REGULAR CITY COU~[CIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, Southland Equipment Corp. Mydraulie cylinder ~or garbage peeker Pay ,f-~om General Fund 001-182-510-02-32 Emergency order, City Manager Approved Engineering MeeD/ne Co.~ Inc. Bush Hog highway mower Pay from General Fund 00t-30!-530-04-4I Council approved 8/15/78 Rubin Construction Company Improvement to boat ramp Pay from General Fund 001-000-13~5-87-00 Reimbursable fmom Palm Beaeh County Wallaee McHarg Roberts & Todd Est. ~1 Extended contraet-forvaluation of County Comprehensive Plan Pay ~om General Fund 00t-801-SY0-02-6A eSubjeet to approval of transfer Council approved 4/18/78 Wallace McHarq Roberts & Todd Comprehensive Plan Pay from General Fund 001-80!-570-02-6A A~ua Chem Co., Inc. Pebble lime ~or Water Treatment Plant Pay from W & S Revenue Fund 401-512-550-03.65 Tennis Supply Co. Tennis eourts at Pioneer Park Pay from Oper. Cap. Improve. Couneil approved 5/~6/78 301-000-247-72-00 10. Bm0ward Seawall Improvements to boat ramp Pay from General Fund 001-000-115-87-00 Reimbursable f-rom Palm Beach County 11. George C. Davis Adjustmentsonarchitectural ~ees for Federal Public Works Grant projects Pay from Publie Works Grand Fund 350-835-570-05-69 $1~246.00 350-835-570-05-7A ($1,088.42) 350-835-570-05-71 $3,780.88 1978 3,256.82 1,304.75 2,025.00 1, 222,20 3,150.00 2,741.69 6,552.97 1,000.00 3,938.46 -33- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1978 12. Willie Ruth McGrady 144.00 Server for Senior Citizens Club - 3 weeks Pay from Pedema! Revenue Shaming 320-871-570-02-5A Ordinance ~73-!5, passed 5/15/73 13. Isiah Andrews 165.00 Driver for Senior Citizens Club - 3 weeks Pay from Federal Revenue Shaming 320-871-570-02-5A Ordinanee ~73-15, passed 5/15/73 14. Intercounty Construction Co. Est. ~22 2,117.50 Water Treatment Plant expansion Phase IA g II Pay fmom Utility General Fund 40!-000-160-01-00 Contract dated.7/9/76 15. AECOA Est. ~2 16,840.24 Raw Wells ~15 and 16 Pay from Utility General Fund 401-000-169-01-00 Contract dated 4/10/78 16. Dawson Co. Est. ~1 46,485.00 Raw water mains Pay ~rom Utility General Fund 401-000-169-01-00 Contract dated 6/22/78 17. Carpenter, May g Bremer Imtemim billing re audit for General Fund 368.00 18. Carpenter~ May & Bremer Interim billing re audit for Water & Sewer Fund 2,064.00 Mm. Kohl stated that the bills deseribed have been approved and verified by the department heads invo!ved~ ehecked and approved for payment by the Finance Department~ funds are available in their re~peetive ba~ets. He therefore recommends payment of these bills. He added that regarding ~3, the hydrau!ie cylinder for the garbage packer cracked and he had to have this and that is why it is noted City Manager approved. Mayor Jaekson asked how much the entire baat ramp improvements eost and Mr. Kohl explained how the total amount was approximately ~12~000. Mm, Harmeningmoved to pay the bills, seconded by Mr. Ca!dwell. No diseussion. Motion earried 4-0. Consider Budget Transfer Mr. Kohl referred to having ~o pay the Comprehensive Plan Planners and requested funding from Contingencies~ Account No. 00t-801-570- 08.11 to Regional Comprehensive Plan, Account No. 001-801-570-02-6A in the amount of $29500.00. Mm. Harmening moved that this budget transfer be granted~ seconded by Mr. Caldwell. No discussion. Motion carried 4-0. -34- 1978 COLI~C~L ~OYNTO~ BE~C~, ~LO C&ldwell- · eco~de6 by ~' ~ at i ~ a6~O~ $ ~w ad40~T~e~ 11:55 P' ~' CITY O~ BOy~TO~ BE~C~ ~LOPiDA ~TTEST'. -35-