Loading...
Minutes 08-01-78MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HRLL, BOYNTON BEACH, FLOtlIDA, TUESDAY, AUGUST 1, 1978 AT 7:30 P. M. PRESENT Emily M. Jackson, Mayor Edward F. Marmening, Vice Mayor Richamd D. Caldwell~ Councilman Joseph DeMarco, 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 Reverend Richard Bass, St. Josephts Episcopal Church, and the Pledge of Al!e- giance to the Flagewould be led by Councilman Richard D. Ca!dwe!!. She requested everyone to please rise. AGENDA APPROVAL Mr. Caldwell referred to X. Administrative~ and requested Item J to be added: Discussion of Unused Compensation for the City Manager. Mr. Kohl informed the Council he received a telephone call from the School Board in regards to installing a 5 ft. concrete sidewalk along Congress Avenue in exchange for the CityTs requested utility grant and he would like this added at the end. He also received a note from the City Attorney in regards to the Tisdale suit and whether to settle out of court. Mr. DeMarco moved to adopt the agenda as corrected, seoonded by Mr. Caldwetl. Motion carried 5-0. ANNOUNCEMENTS Mayor Jackson announced that on the table in the rear of the room were books available to anyone covering last year's budget summary. Mayor Jackson announced that on August 3, there will be a meeting of the South Central Regional Wastewater Treatment & Disposal Board here in this Council Chambers at 5:00 P. M. This is a special meeting which has just been called. Mayor Jackson announced there would be a Citizen's Workshop conducted by the Local Planning Agency regarding land use problems and opportun- ities on Wednesday, August 2, 1978 at ?:30 P. M. in the City Hall Council Chambers. Mayor Jackson announced that the Federal Revenue Sharing Hearing adver- tised for 7:30 P. M. will be held at 8:00 P. M. to give people the opportunity to be here. Mayom Jackson requested Mr. Kohl to give the presentation of the future Olympic and Professional Star~. Mr. Kohl introduced the Recreation Director, Mr. Chamles Frederick. He stated befome Mm. Frederick starts, he would like to say we have been striving for many things in this City. Our kids mean more than anything else because they are our ~uture leaders. Sports build character and this has been proven all over the United States. The boys and girls present will give a demonstration, some have had some training and some have had none. We are striving to give training for the child- ren in our City. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOILIDA AUGUST 1, 1978 Mr. Frederick explained that the youngsters present had never per- formed before any~negand having been practicing for the past few weeks. A representative group is present in several different sports and ath!etie endeavors. He first introdueed two Little League Baseball Players and told about them bein~ just two of 565 players involved which comprise 36 teams playing on two ball fields. He then told about the interest shown in having a boxing program and introdueed two young men who gave a boxing demonstration. He referred to basket- ball being an all-time favorite and introduced three youngsters who put on a demonstration. He told about holding a sports clinic with 150 youngsters in attendance and how they were able to use the middle school gym during the summer, but it was diffieult with not having a munieipa!ly operated gymnasium to use year round. He then referred to gymnastics being the best physical body development and told about the equipment needed for a full scale gymnasties program. He introduced four girls who put on crumbling exhibition. A boy then demonstrated his ability on the mats and Mr. Frederick told about thisboyTs natural talent in various fields. Mr. Kohl and Mayor Jackson then presented each participant with assilver pen. Mr. Kohl thanked them and Mayor Jaekson added that she thinks it is wonderful to have been able to see these young people and see what they ean do. MINUTES RegulareCity Council Meeting - July 18, 1978 Mr. Ca!dwell referred to Page 7, second major paragraph, about halfway do~m, and eorreeted commercial encroaching to T'encroaehment". He re- ferred to Page 24, and clarified that the vote on the nominees for the Board of Adjustment was 1 for John Miller, 1 for Reberts Olds, and 3 for Serge Pizzi and then a motion was made for unanimity in the appoint- ment. Mm. Roberts referred to Page 21 being a little confusing as it stands and suggested clarifying the second sentence of the first paragraph by stating now the County wants to ereate a new road through a simi- lar development. He referred to Page 28, top paragraph, and corrected the word abrogation to '~abdication" of duty. He continued with this paragraph and clarified that Sandhi!l wiH1 widen Congress Avenue. He referred to the comparison to Fort Lauderda!e and clarified that we do not have any beach front property or a concrete canyon with large hotels, llso~ he cannot be accused of "abdication" of duty. Mayor Jackson referred to Page 15, third paragraph, and clarified that the statement Mr. Kohl read was an exoerpt of the Planning & Zoning Board's recommendation. She referred to Page 26 and clarified that this was the discussion oftthe Planned Industrial Development even though it was a mistake on the agenda with it listed as Planned Unit Development Zoning. Mm. Ca,dwell moved ~or adoption of the minutes as corrected, seconded by Mr. Harmehing. No discussion. Motion carried 5-0. -2- MINUTES - REGULAR CITY COUNCIL MEET/NG AUGUST 1, 1978 BOYNTON BEACH~ FLORIDA BI DS One (1) Microfilm System and Reader/Printer with Odometer (Tabled) Mm. Caldwell m~de a motion to remove from the table the bid for a microfilm system, seconded by Mr. Hammening. Motion carried 5-0. Mm. Kohl referred to this item being tabled at the Regular City Coun- cil Meetings of June 6th, June 20th~ and July 5th due to the Tabula- tion Committees' request for additional time for further review and advised that bids were opened on Tuesday, May ~0, 1978 at 3:00 P.M. in the office of our Purchasing Agent, Mm. William H. Sullivan. The Tabulation Committee recommends acceptance of the bid from Lanier Company for the amount of $10,537.00 (Alternate Bid)esinee this bid more fully complieswith our specifications. A copy of the Tabulation Sheet, Imroposal (indicating alternate bid) and Affidavit signed by Mr. Daniel E. ~Jansen~ Sales Representative of the Lanier Company, have been submitted. He has checked all other requirements and everything is in-order. Funds in the amount-of $6,000.00 were budgeted for the rental of this equipment, however due to the fact that-a purchase was most practica!, if Council grants approval we a] so will need the fo!- lowing: Budget Transfer Request: 'To: 001-801-570-08.11, Gen. Pund/Fixed Charges/Contingencies $4~537.00 001-151-510-D4.76~ Gen. Pund/City Clerk/Microfilm System $4,537.00 He concurs with the recommendations of the Tabulation Committee. Mr. DeMarco moved to accept the alternate bid from Lanier Company in the amount of ~10,537.00 together with the transfer of funds as re- quested by the City Manager~ seconded by Mr. Caldwel!. Under discus- sion, Mr. Caldwell referred to when alternate bids are submitted and asked if all bidders are given the opportunity to submit an alternate bid at the same time and Mr. Kohl replied affirmatively and told about having much discussion on this microfilming swith five persons involved and one person went to Tampa and checked out this system and found it to be the most practica! for the City. Motion carried 5-0. PUBLIC HEARING - 8:00 P. M. Proposed Use Hearing - Revenue Sharing Mr. Kohl read the notice as published in the Boynton Beach News- Journal on Thursday~ July 20, 1978: MiN~TES - REGULAR CI~i~Z COU~CZL MEETING BOYN~ON BEk~H~ FLOP~iDA AUGUST 1, 1978 T'Notiee is hereby given that the City of Boynton Beach shall hold two pub!ie hearings at 9:00 A. M., Tuesday~ July 25, 1978 and 7:30 P.M., Tuesday, August 1, 1978, at the City Hall Council Chambers, 120 N.E. Second Avenue, Boynton Beach, regarding Proposed Use Hearing, Revenue Sharing - For Entitlement Period 10. Federal Revenue Sharing: Unappropriated Fund Balance Estimated Federal Revenue Sharing for Entitlement Period 10 (October 1, 1978 - September ~0~ 1979) $ 151, 441 253,000 404:441 All citizens of Boynton Beach have the right to provide wmitten and ora! comments and suggestions regarding possible uses of the sub- jeer revenue sharing f~nds." Mayor Jackson asked if anyone in the audience wished to give comments or suggestions on the Revenue Sharing and the following appeared before the Council. Mr. Tom Williams, 607 N.W. 4th Street, stated he would like to speak in favor of the gymnasium or proposed sports complex to include a gymna- sium. We have viewed tonight what some of the kids in Boynton Beaeh man do if we have the facilities. Delray Beach has a gymnasium and Riviera Beaeh built two. There is no need to keep the kids out in the rain. Also~ in the winter, it is cold. We may as well decide now to do something for the kids and the time to do it is now. M~. Tom Boffey, 1135 S.W. 24th Avenue, stated he thinks we all might be in agmeement that-some of the ~unds from the Revenue Funds should definitely be spent for a g~nasium. He would like the people to urge the Council to spend some of the money from Revenue ~unds for a gymnasium. Mr. Ed Sisko, 1046 S. W. 25th Place, stated that he is in favor of a gymnasium and any recreation we can give the kids. His son joins all the activities he can and he explained and also told about having to take him to Lake Worth, West Palm Beach, etc. to participate in these aetivities. There are many things which we could have in our town. Recreation is needed to keep the kids off the streets and out of trouble. A gymnasium would keep kids busy all year long. He u~es everyone to talk to the Council and vote for this recreation complex. Mr. Bob Felclman, 1!94 S.W. 27th Place, President of Boynton Beach Little League, stated that he feels there is definitely not enough space for the children in this community. The kids do a fabulous job as they saw here tonight. There are 565 in the Little League program and also kids on the street with nowhere to play. He feels the Federal Revenue Program should be voted on for this gymnasium. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOPCIDA AUGUST 1, 1978 Mm. Don Fenton, 120 N.E. 19th Avenue, stated that he is speaking tonight as the new Chairman of the Recreation Committee formed by the Chamber of Commerce. The Chamber of Commerce has had so many .inquir- ies and requests with no direotion through an organized committee, they felt they had to oz~3anize this committee at large. Everyone agrees that recreational facilities are needed. He read from the Chamber of Commerce bulletin and questioned the last time conven- tions were held in the City by such gmoups as the Kiwanis, Rotary, National Ploral Program, ete. The only faeilitywe have is the anti- quated faei!ity at the Civic Center. He told about the Florida Atlantic University Jazz Band performing here with a good turnout Rom the people~ but the acoustics being so bad it is doubtful the ba~ would play there again. He feels the sports complex can be used for more than recreation and the Chamber of Commerce is going to be doing everything it possibly can to influence a favorable vote for the sports complex. Mr. Jay Kaye, 2~00N.E. 1st Lane~ requested the City approve these funds for a gymnasium so the chi!d~en can be taken off the street. He told about being a Distmict Deputy for the Specie! Olympics and about his aeoomplishments when a member of the Recreation Board. He then read letters from Governor Askew and the Florida Special Olymp~s commending him ~om his efforts in participation of mearea- tion ~or the children. Mm. Edward LeBlanc, 414~ East Ocean Avenue, referred to the action taking place in big cities where minor programs were started and oan- oelled out resulting with children ages 12 to 19 being arrested for minor crimes. During the houms of 5:00 to 9:00 P. M., the children go to parties on the beach, smoke pot, etc. It is the Council's City and they can either hand them a gun or a baseball bat. Mm. Harold Sehmidt, stated that he has been living in Leisureville for four years and is happy to be here. He thinks the best example for the young talent we saw this evening is to give them an opportunity to develop their talents fmrther and possibly represent the City or State in the O~yl~pies' or by advancing themselves in professional sports. He thigh_ks the gymnasium is an excellent idea and thinks he can ge~ the backing of the people in Leisurevil!e. He thinks we should be very much in favor of this project. Ms. Lena Lovelady, 508 N.W. 8th Stmeet, stated she is in favor of the spomts eomplex; however, while sports will build the character of the youngsters, culture will build their ehamacter and be marvelous for the adults in this City. We have been pmomised this since she was Miss Boynton Beach in 1971. She has no children of her own: but hopes to sometime and hopes there will be a facility for them. If this faei!ity is ~sed not just rom sports, but cul~gral activities such as a symphony o~chestra or theatrical works~ it will be for all citizens. -5- MINU_TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 1, 1978 Mm. Doug Sussman, 466 S.W. 2nd Avenue, stated there is no question we all agree a facility for the young people is a necessity for a growing community. In the 15 years he has been a resident, he has seen many young people leave the community due to the lack of something to do. Also, we must not forget those who have grown up. Ther~ are many senior citizens who would also enjoy indulging in some athletic en- deavors in a g~q~nasium~ if not actively as an audience. He would like to be a viewer. This type of complex would not only serve the gmowing Boynton comm~nity~ but tt~e almeady grown Boynton community. He whole- heartedly ~e~ommends to the Counei! that they vote in favor of using a substantial amount of those funds available to start a complex which we may enjoy. Mm.. Paul Schmidt~ 125A South Boulevard, High Point West, advised that he is 67 years old and heartily ag~2ees with everything said here to- night. He does want to impress upon the Mayor and Council ~t~ti~this complex is okayed, letTs stick to the basics. He told about living in a community where a high school was needed but then a swimming pool, lounge, smoking area, etc. was added. We must stick to the basics of ~nat it is for. It should be for children and sports and teaching them to become good citizens. Mr. Samuel Wright, 318 N.E. 10th Avenue, stated that he was born here and has lived here 25 years. He concurs with most of the people who have spSken. There is a dire nee~ for a sports complex. It is import- ant to hold the interest of young people. This should not be a town for set, or citizens, but should attract other people as well. If they vote in favor of this, he is sure some of the residents would remain here as well as being happy. The money should be put to good use to serve the youth and senior citizens. A portion of the Revenue Sharing money is utilized to ~und the after-school program at the Boynton Beach Da~ Care Center. He hopes the statements he has made will be considered. Rezoning Requests Parcel ~1 - Applicant: Location: Description: Request: Fidelity Federal Savings g Loan Association and General Development Enterprises (James Winters, Agent) 1865 S.W. 15th Avenue (Leisureville Center) Portion of Parcel "C~ as shown on Plat of Tenth Section of Palm Beach Leisureville Additional Parking - Rezone from R-1AA to C-1 Mm. Kohl informed the Council that the Planning & Zoning Board, at their Regular Meeting of July 25, 1978, held a Public Hearing on the request to rezone to C-1 from R-1AA. After the Public Hearing~ the Planning g Zoning Board reco~ended that the rezoning request sub- mitred by James Wintems be approved for C-1 zoning noting that the applicant is in eoncurrence with the change in his request from C-2 to C~I. The motion to appmove was made by Mm. Lambert and seeonded by Mr. Winter. The vote was 5-1 with Mr. Arena dissenting. The minutes of the Planning g Zoning Board Meeting of July ~5~ 1978~ -6- MINI1TES --REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOtLTDA AUGUST 1~ 1978 have been submitted to them. May he have Council's wishes on this matter please. Mayor Jackson asked if anyone wished to speak in favor of this pro- j eat. Mm. James Winters, Attorney Rom West Palm Beach representing Fidelity Federal Savings g Loan Association, ~ requested the Council to approve this request for ~ezoning. There is approximately ~: 000 square feet on this parcel of land and it is located east of the existing shopping center. There is a dire need for additional parking, and thia ~ill a!so allow for the installation of a drivein window. Mayor Jackson asked if anyone else wished to speak in favor of this proj eat and received no response. She asked if anyone was opposed to this and received no rosponse. M~. Caldwell moved the granting of tke zoning change from R-1AA to C-I, seconded by M~. DeMarco. Under discussion, Mr. Caldwell clari- fied that Mr. Arena voted against this~ but after studying the min- utes of the Planning & Zoning Board, his point for dissenting was based on the premise that the tenant and not the owner actually sub- mitted the request for rezoning. He believes our Building Department has researched this and have found the owner of the land is in favor of the request for ~ezonin9 f~om R-LAA to C-1. Mr. B_n_~unziato replied this was correct. Mr. Caldwell continued that this land is on 15th Avenue.immediatelyeast of the Leisureville Center where Cumberland Farm Storesand other stores are ~oeated. It is not really an incursion of commercial into residential, but will follow the contour of commercial land lining a major street. Motion carried 5-0. Parcel ~2 - Applicant: Location: Request: Summit Associates, Ltd. (John Flanigan, Agent) West side of Congress Avenue, South of Lake Worth Drainage District Lateral Canal No. 28~ North of Lake Worth Drainage District Lateral Canal No. 30, and East of the North-South line of Barwick Road Rezone from R-3 & C-3 to PHD with LUI of 3.9 Mm. Kohl informed the Council that at their Regular Meeting of July 25, 1978~ our Plaruling S Zoning Board held a Public Hearing on the above in which testimony was provided by the applicants staff~ City staff, County staff~ and written input from other gove~nmental agen- cies. The Planning & Zoning Board unanimously recommended that the request to rezone from R-3 and C-3 to PUD with LHI of 3.9 be approved s~tbject to proviso submitted. The motion to approve was made by Mr. Winter and seconded by Mr. Lambert. Flinutes of the Planning g Zoning Board Meeting of July 25, 1978~ have been ,submitted to the Council. May he have Council's wishes on this matter please. -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA AUGUST 1, 1978 Mayor Jackson asked if anyone in the audience wished to speak in £avor of this project. i~r. Daniel Jones, Box 3838, West Palm Beach, Attorney representing Snmmit Assoeiates~ Ltd., appeared before the Council. He informed the Council that he believes an agreement has been reached with the County engineers regarding Congress Avenue. Mayor Jackson clarified that it-would be widened between the two canals and Mm. Jones xeplied that they have agreed on p~s which involve the construction of roux Ianes~ media~ shoulder~ and including drainage. The construction will be similar to the existing lanes. Mrs. Jackson read the condi- tions stipulated by the Planning $ Zoning Board: The developer shall four lane Congmess Averse as required by his p~ojeet with transition lanes to the two canal hridges~ provide traffic signals when warranted~ and turning lanes pro- videdat both entxanees subject to acceptance of t~s offex by the County. Mr. Je~es agrea~ this was the concept, but stated that it is now more definite. The County Engineer has agreed and it will no~ be sub~dtted to the County Commission for approval. They are bound by this and are w~]~ng to do this. He then submitted a copy of the agxeement to the City Clerk. Mr. Jones then refemred to giving a complete presentation before the Planning $ Zoning Board and advised that Mr. Bradshaw and his staff axe present and they wi!! be glad to give the same presentation if the Council desires. There will be a xeduetion in units and it ~will be a private community. Mayor Jackson referred to getting a ruling from the City Attorney xegarding thecouxt order and Mr. Jo!acs replied that the Planning $ Boning Board questioned this and if the City Attorney feels it is necessary to amend the court order~ they will do itl However~ he is not eertain it is neeessaxy since all the releases have been given and it is up to the City of Boynton Beach to enforce the cove- nants. It is ~ matter between the City of Boynton Beach and the developer o~ee the releases were given. Mm. Roberts refermed to the relocation of utilities and asked if there was also a question about oversize lines and Mx. Jones plied that they have reached an agreement with the Utility Depart- ment and the lines will be oversized and they have woxked out a financial agreement with the City. Everything in this project has been taken care of to the satisfaction of the staff. Mayor Jackson asked if anyone wished to speak against this projeet and received no response. -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST l, 1978 Mm. Roberts commented that the original plans for Charter World eon- tailed over 6~000 units and this calls for 3.9 per acre. He explained how previously they were working on a new County land use plan, but tM density has been drastically reduced since 1972. Mayor Jackson questioned if we have to amend the court order and Mr. Moore replied that he would discuss this with Mm. Jones. Mr. DeMarco moved to grant this request to rezone f~om R-3 and C-3 to PUD with ~ of 3.9 subject to the staff mecommendations, Mr. Jones' comments, additional pa~ers given to the City Clerk, the five items listed in the minutes of the Planning & Zoning Board meeting of July 25~ 1978~ and sub~ect to Mm. Moorets recommendations. Mr. Caldwell seconded the motion. Under diseussion~ Mr~ Caldwell e!arified that PuD~is a Plarmed Unit Development and LLLI is land use intensity. Mr. DeMarco questioned if this ~o%mld also resolve the corridor problem and Mm. Moore replied affirmatively and resolves it in the negative since it is eove~ed in the reeoramendations from the Plano/ng L Zoning Board. Motion carried 5-0. Abandonment Requests Parcel ~1 - Applicant: Location: Request: Summit Associates, Ltd. ( John P!anigan, Agent) Seetion 6 Twp. 46 South, Range 43 East~ & Section 1~ Twp. 46 South~ Range 42 East (Charterworld) Abandonment of Certain Ingress and Egress Easements, Road Rights-o~-Way~ and Road Drainage Reservations. Mr. Kohl informed the Council ~nat at their ~egular Meeting of July 257 19787 the Plarm4ng L Zoning Board a~ter a Public Hearing, unani- mously recommended that the abandonment requests submitted by John Planigan for Summit Associates, Ltd., ~e approved subject to comments from the City sta~. The motion to approve was made by Mr. Lambert and seconded by Mr. Winter~ May ke have Council's wishes on this matter please. Mayor Jackson asked if anyone in the audience wished to speak in favor of this abandonment. Mr. Daniel Jones appeared before the Council again and advised that this is necessary in order to properly carry out their plan. Certain utilities have to be reloeated~ but everying is in escrow to cover this. Mayor Jackson asked if anyone in the audience wished to speak against this abandonment and received no response. -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 13 1978 Mr. Coldwell moved the abandonments of certain ingress and egress ease- ments~ road rights-of-way~ and road drainage reserv~tion~ as stipulated for Parcel ~l subj-ect to all recommendations, seconded by Mr. DeMareo. No discussion. Motion carried 5-0. Pameel ~2 - Applicant: Request: Summit Associates, Ltd. (John Planigan, Agent) Abandonment of the Plat of Charterworld First Addition as recorded in Plat Book 31~ Page 20, Offieial Records of Palm Beach County Mr. Kohl informed the Council tb~ Planning & Zoning Board after a Public Mea~ing at their Regular Meeting of July 257 t978, unan/mously recommended that ~ne abandonment request submitted by John Flanigan for Summit Associates~ Ltd. be approved. The motion to appmove was made by Mr. Winter and seconded by Mr. Lambert. The minutes of the Planning g Zoning Board Meeting of July 25, 1978, have been ~orwarded to the Council members. May he have Council's wishes on this matter. Mayor Jackson asked if anyone wished to speak either for or against this abandonment and received no response. She clarified for the benefit of the audienee that this is the property on the west side of Congress Avenue at the South City limits aeross from the Vo-Teeh School. A gentleman in the audience asked if Palmland Dmive would be eliminated and Mm. Jones replied negatively and explained that the abandonment 'would start from the curve in the road and the exist- lng road would remain the same. Mr~ Cold,el! moved the abandonment of Parcel ~2 of the Plat of Charter- world First Add/tion as recorded in Plat Book 3!, Page 20~ Official Recomds of Palm Beach County subject to all reoommendations and stip- ulations of various Boards and City officials. Mr. DeMarco seconded the motion. No discussion. Motion carried 5-0. BIDS (Continued) Water Line Extensions (Tabled) Mm. Roberts moved to take the subject of bids for water lines e~ten- sions f~om the table, seconded by Mr. DeMarco. Motion carried 5-0. Mr. Kohl referred to no bids being reeeived on this project previ- ously and requested at this time Council's permission to contact several contractors asking for pmoposals to be presented to Council at a later date. May he have Couneil~s wishes please. Mm. Ca!dwell stated ~nat inasmuch as we need water lines, we have to empower Mr. Kohl to take the neeessamy steps to secure the proDosals. He moved to authorize Mr. Kohl to take the necessary steps to secure proposals for the necessary water line extension work whieh must be done~ seconded by Mm. DeMareo. No discussion. Motion carried 5-0. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 1~ 1978 Re-Roofing the Senior Citizens Building Mm. Kohl informed the Council that bids on the above were opened on T~esday~ July 257 1978, at 3:30 P. M. in the office of OUr Purchasing Agent~ Mm. William H. Sullivan. The Tabulation Committee recommends acueptar~e of the low "Alternate?' bid in the amount of $5,730.00 from Robertson RoOfing Company, Inc, He has checked all other requirements and everything is in order. Funds are available for the above in the Building Maintenar~e Account No. 001-181-510-02.34 (Building Repairs). He concUrs with the recommendations of the Tabulation Conm~ittee. May he have Couneil~i~ishes please. Mm. Harmening moved to accept tlwe reeommendation of the City Manager and Tabulation Committee and awar8 the roofing job on the Senior Citizens Building to Robertson Roofing Company, the alternate bid in the amount of $57730.00. Mr. Caldwell seconded t~e motion. Under discussion, Mayor Jackson asked if the roof was guamanteed for ten years and Mr. Kohl replied negatively. Mr. Kohl explained that the first bid was for re-roofing, but they have decided to strip the entire roofaand redo it. Mayor Jackson questioned how long this would take and Mr.~ Kohl replied at least several days. Motion nar- tied 5-0. Addition to Law Enforcement Building Mr. Kohl requested the item of an addition to the Police Station be de!ete~ from the agenda. He referred to this being a roof between the two sections to store bicycles, but requested that this money from E.D.A. be used for the 7th Street saD/tory sewer line and for Galaxy Park. Mr. Harmening moved to delete this f-rom the agenda and transfer the monies to other projects, seconded by Mr. DeMarco. No discussion[ Motion carried 5-0. SITE DEVELOPMENT PLANS NONE LEGAL Ordinances - 2nd Reading -~Pub!ic Hearing Proposed Ordinance No. 78-27 - Re: Provide for Amended E~stimate of Revenue g Expenses for Fiscal Year Ending September 30~ 1978 Mm. Moore read proposed Ordinance No. 78-27 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 to this ordinance and received no response. MINUTES - REGULAR CITY COUNCIL MEETTNG BOYNTON BEACH, FLORIDA AUGUST 1, 1978 Mr. Harmening moved the adoption of Ordinance No. 78-27 on second and final reading, seconded by Mr. Caldwe!l. No discussion. Mrs. Padgett took 'a roll call vote on the motion as follows: Councilman Caldwe!l Aye Councilman DeMameo Aye Vice Mayor Hammening Aye Mayer Jackson Aye Councilman Roberts Aye Motion earried 5-0. Proposed Ordinance No. 78-28 - Re: Eliminating Necessity of Site Plan Review by Planning L Zoning Board and City Council with Relationship to Commercial Building Projects Involving $100,000 or Less in Construction Costs Mr. Moore read proposed Ordinance No. 78-28 by eaption on second readinq. Mayor Jackson asked if anyone in the audience wished to speak in favor of this o~nance and received no response. She asked if anyone wished to speak in opposition and received no response. Mr. Harmening moved the adoption of Ordinance No. 78-28 on second and final reading, seconded by Mr. Roberts. Under discussion, Mayor Jackson commented that she still is not happy, but this is better than nothing but still too restrictive. Mrs. Padgett took a roll call vote on the motion as follows: Councilman DeMarco - No Vice Mayor Harmen/ng - Aye Mayor Jaekson - No Councilman Roberts - Aye Councilman Catdwell Aye Moron carried 3-2. Ymoposed Ordinance No. 78-2'9 - Re: Approving Plat of Sky Lake Subdivision Mr. Moore read proposed Ordffnanee No. 78-29 by eaption on second reading. ~iayor 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 to this ordinance. Mr. Alan Cik3_in, Attorney representing Mm. William Kement owner of the property immediately to the South, appeared before the Council and stated he was not really opposed to the ordinance. Mr. Kementfs pro- perty is located between N.W. 10th Street and 8th Court and his coneern is that the Sky Lake Subdivision will be approved without the necessary 10 ft. right-of-way dedication by the developer. What he is proposing is they not only require the developer to put up the money to pave the -12- MINUTES - REGULAR CITY COI1NCIL MEETING BOYNTON BEACH, FLORIDA AIIGUST 1, 1978 the 10 ft. right-of-way he is required to dedicate, but he is also making the offer to have Mr. Kement at the same time dedicate the 10 ft. of right-of-way and eont-ribute to the paving of that right-of-way as well. There will be t0 ft. from Mr. Kement, 10 ft. fmom Sky Lake and this leaves the City with 50 ft. He spoke to the attorney for the developer and he indiaated they would contribute their fairsshare for that portion of the might-of-way. Rather than-waiting until the plat is reeorded~ which will be Phase 3: Mr. Kement is suggesting and the developer agrees that perhaps the City would want to get into the p~o- g~am with two people .contributing 40% and the City would contribute 60~ and the roadway could be paved wi thin the next year or so. He war~s to make sume that portion of the dedicated right-of-way is p~o- vided wi~ paving at some f~/ture date and suggests the bond being posted, cash in esemow or other assuranee that the developer would be required to make. He would be willing to make the same pledge al- thought not developing his property. The way he rea~s the ordi~nee, there is no doubt when dedicating a right-of-way, it mu'st be paved as well. Mayor Jackson questioned the status of this and Mr. Moore replied that he thought the matter was resolved and deferred to the City Planner. Mr. Annunziato referred to several months ago when he was instmueted to meet with the developer and explained that the traffic impact from this development would be minimal and it was determined that this road would be detrimental not oply te this development but to Laurel Hills. This developer does not have any lots fmonting on this street, but we have requested that 20 ft. be set aside to bring a substandard road to standard to provide for a 50 itl right--of-way. He does not believe the City has gotten involved with paving streets with private developers. Mr, Ciklin replied that it may be true that the developers~ homes do not front on the street and it may be true that he ~untari!y dedi- eared the road right-of-way~ but the ordinance requires the developer when dedicating the road right-el-way to pave it. It may be true right now that they do not want this road paved~ but at some time in the future, they may change their minds. If the developer is out of the projeet~ it may be difficult to get him to pay his fair share. He is saying that now, while they have the developer in a position to legally require him to pay his fair share, they should do it and place the money in escrow. The developers~ share is only es~,~mated at about $!, 500. If it is not paid by t~e developer~ it will be paid b~e taxpayers and that is Mr. Kement~s concern. The question is whether the City has the choice and the ordinance, which is clear, says before any plat dedioating any might-of-way, all roads shall be paved to meet minimum requirements. He does not think they have a choice. They should not !et the developer go since this is required or the City will have to pay for it later. Mr. Moore replied that he did not concur as this does not fall under the terms of the ordinance. ~nis 30 ~t. road was platted years ago. -13- MINUTES - REGULAR CItY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 1, 1978 Mr. Ciklin told about meeting with the engineer for the developer and they have agreed to dedicate the 10 ft. and pave it. The 30 ft. was dedicated a long time ago~ but he is talking about the additional l0 ft. of might-of-way the developer is required to dedicate and pave. Mm. Moore in£bmmed him that this is not a technical requirement and not an integmal pamt of the development. Mm. Ciktin replied that if the developer does not give the 10 ft., there will not be a 50 ft. road. The plat shows the dedication o~ 10 ft. and-when dedicating, the developer has to pave it. He thinks the City is missing an oppor- tunity to get the man to pave the right-of-way. Mm. Moore replied that his proposition included the C/ty paying ~0% of the improvement. If it becomes necessary to put a road in~ then it would be handled on a special assesement basis. The propemty ownems being benefited will at that time pay rom it. Mm. Ciklinreplied that this would be ignor- ing the ~mequ/~ of the ordinance and Mm. Moome replied that he did not think they are app!ieab!e in tbJs ease. It is not ~n integra! requirement of this development to take that 10 ft. This road will not be p~v~d rom use in tb~ s development. Some lots just back up to it. If ~equimed~ the 10 ft. will be dedicated. He does not think the interpretation of the ordinance should force the man to pay ~or it. Mayer Jackson announced this was fully discussed before reaching the second reading of the ordinance. Mr~ Ciklin stated that he wrote a lettem long ago mequesting to be notified of any meetings and sup- pose it was inadvertently that he was not notified. Mayor Jackson re~emred to his client advising him and Mr. Ciklin replied that his client is in Connecticut for the summer and he thought the public beaming on the ordinance was the time to let ~emknow. Mm~ Caldwell c!amified that theme is 30 ft. dedicated right-of-way for the st-~eet~and on one side of the property~ Sky Lake is willing to dedicate an additional 10 ft. Mr. Moore agmeed~ but added they weme not willing to pave it. Mr. Caldwei! continued that Mr. Kement is willing to dedicate another 10 ft. Mr, Hammering referred to one stipulation not having b~enbmought out and advised that Mr. Kement ~eeds this road whereas Sky Lake does not need the road for any ingress or egress to their property. When Mr. Kement o~eds the road~ theme would be ~0 ft. of right-of-way there at that time assuming we accept this l0 ft. Mayor Jackson stated tkat we have not had a~Tdireet word from the other party about the dedication of this 10 ft. and Mm. Ciktin replied that he was told they would dedicate and pave this. Mm. Caldwell suggested that the developer and Mr. Kement put the money in escrow mhd earmark it for futureuuse and when the City puts in the street, the money will be there and ~ne problem will be solved. Mayor Jackson asked if this could be solved between them and' Mr, Moore plied that he could not see why not. He ~urther explained how he did not agree that it was an obligation of the developer to pave this road since it will be of no beneficial use to him, but only of use to Kement. MINUTES - REGULAR CITY COUNCIL MEE~£MNG BOYNTON BEACH~ FLORIDA AUGUST 1, 1978 Mr. Harmening moved to adopt Ordinance No. 78-29 on second and final reading, seconded by Mr. Caldwel!. 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 DeMarco - Aye Motion cammied 5-0. Proposed Ordinance No. 78-30 - Re: Amending Section 21-35 of Chapter 21 of the Codified Ordinances Pertaining to the Municipal Employees~ Pension Plan Mr. Moore read proposed Ordinance No. 78-30 by caption on second ~eading. 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 to this ordinance and receivednno response. Mr. Harmening moved the adoption of Ordinance No. 78-30 on second and final reading~ seconded by Mr. DeMarco. Noddiscussion, 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. Ordinances - 1st Reading Pmoposed Ordinance No. 78- - Re: Capital Improvement Pee Charges Mr. Moore informed the Council that he was still working this out with the Department Heads involved. Mr. Harmening moved to table the pro- posed ordinance regarding the oapital improvement fee charqes~ seconded by Mr. Caldwell. Motion carried 5-0. Proposed Ordinance No. 78-31 - Re: Establishing the Piling Fee & Obli- gation for Payment of Costs Incurred in Connection with Processing of Application for Zoning Changes or Other Relief from the Ordinances and Charter Mr. Moore read proposed Ordinance No. 78-31 by caption and referred to this being based on a memo to the City Council from the City Manager and Department Heads regarding these increases to offset the costs the City has been incurring. -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 1, 1978 Mr. Roberts moved the adoption of Ordinance No. 78-31 on first read- ing, seconded by Mr. Hammeninq. No discussion, Mrs. Padgett took a roll eal! 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. Proposed Ordinance No. 78-32 - Re: Adopting by Reference Chapter 17-5 of the Rules of the State of Florida, Department of Pollution Control with Regard to Open Burning and Pmost Protection Fires Mr. Caldwell questioned if these State Rules in any way would dilute our current ordinance and Mr. Moore replied that open burning is pro- hib~ted totally at the current time, but this will allow it under con- tmo!s. Mr. Kohl added that Palm Beach County has an ordinance allow- ing it, but the City does not. Many people in the City have asked to do it and we amc right next door to the County where it is allowed. Mr. Caldwell clarified that currently we have banned open burning and he sees nothing wrong with the ordinance as it stands. He does not want to open the door for on, site burning by developers instead of trucks hauling it away. We have many people living here with respir- atory problems and the air pollution should be considered. Mayor Jackson replied that this was in accordance with State law and Mr. Caldwel! agreed, but added that the State ms more lenient in a lot of things compared to the municipalities. He thinks we have the power to clean up our own air and does not see how it would impair development. Mr~ Roberts asked if we have a choice and Mr. Caldwell replied affirma- tively~ that we do not have to accept. We can continue to follow the existing ordinance and ba~ it. Mr. DeMarco moved the adoption of Ordinance No. 78-32, seconded by Mr. Harmening. Nod~iscussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman DeMarco Aye Vice Mayor Harmening - Aye Mavor Jackson Aye Councilman Roberts Aye Councilman Caldwe!l -- No Motion carried 4-1. Resolutions Proposed Resolution No. 78-JJ - Re: Demolition of Structures and Clearing of Land; and Rescinding Resolution No. 78-FF Mr. Moore referred to Items 1 and 3 being combined and explained that this resolution covers demolitions previously approved which should be handled thmough the County and this turns these projects over to the County and rescinds Resolution No. 78-PP. -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP~IDA AUGUST 1~ 1978 Mr. Harmening moved the adoption of Resolution No. 78-JJ, seconded by Mr. DeMarco. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Jaokson Aye Councilman Roberts Aye Councilman Coldwell Aye Councilman DeMarco - Aye Motion earried 5-0. Pmoposed Resolution No. 78-~J< - Re: Demolition of Structures and Clearing of Land Mr. Moore referred to this covering isolated property at 131 N.E. 2nd Avenue and advised that it would be handled by the City. Mr. DeMarco moved the adoption of Resolution No. 78-KK: seconded by Mr. Harmening. No discussion. MFS. Padgett took a roll call vote on the motion as follows: Councilman Roberts Aye Councilman Coldwell Aye Councilman DeMareo - Aye Vice Mayor Harmening - Aye Mayor Jackson Aye Motion carried 5-0. Proposed Resolution No. 78-LL - Re: Establishing Speed Limit of 35 MPH on Woolbright Road between 1-95 and S.R. 5 (U.S. 1) Mr. Moore informed the Council that this resolution establishes the speed limit on Woolbright Road from 1-95 to U. S. 1 at 35 MPH follow- ing the County reoommendation. Mr. DeMarco asked if this was recom- mended by the police and Mr. Kohl replied that the County has recom- mended this and the Police Department has approved. Mr. Caldwe!l moved the adoption of Resolution No. 78-LL, seoonded by Mr. Harmening. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Ca!dwell - Aye Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Motion carried 5-0. -17- MI~dTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 1, 1978 OLD BUSINESS D~SGUSS Widening of SeaGrest Boulevard Mayor Jackson told about our resolution and letter sent to the County requesting the widening of Seaerest Boulevard to be deferred being discussed at the Metropolitan Planning Organization meeting and ad- vised that the vote was a 3-3 tie. It was then asked if we wanted to turn this into a City street. Mr. Roberts questioned what section she was talking about and Mayor Jackson replied from Woolbright Road to the canal. She further told about the feeling being expressed that we are causing a bottleneck and added that there are lawsuits still pending on the rights-of-way. The bids were supposed to be let out in August. She then questioned what would happen if this were to be turned into a City street and Mr. Kohl replied that we would have to take care of it. Mayor Jackson asked if we Gould widen ~he two lanes and put in drainage without own men and Mr. Kohl replied that'we mould do some of the work, but would also need an outside Gontractor. Mayor JaGkson referred to asking the County not to widen Seacrest Blvd. but do Congress Avenue instead and Mr. Roberts replied that as heremembered, the County said they Gould not move the funds from one to another and he thought thatwas the end. Mr. Caldwe!l G!arified that what the County is trying to do is give us an ultimatum to go along with their program or the City must improve the road. Costwise it will be a hef~y. Gapital improvement forthe.widenin? of Seacrest Blvd. Either we knuckle under to the County~smandates because of their far-sighted planning wanting to make a busy highway through residential or the City suffers monitari!y for the drainage and widen- ing. The decision is do we have the money to impro~ethe road as it is needed. Do we want to as'sume, a!l future responsibility and the maintenance for the upkeep of this road. We must answer these and then we will know whether we should go alon~ with the County. Mr. DeMarco stated that the~e is. another problem to consider and that is if we re~use this, they will not transfe~ this money to Congress Avenue. If we do turn it down, we will not get special consideration for Congmess Avenue. This Greates a problem by,losing the money for Boyntonl Beach. Mayor Jackson informed them that it was voted at that time to widen Congress Avenue. The preliminary engineering is to,begin this year and it is to be bu/lt next year. This is what the MetropOlitan Planning Organization voted. M~. DeMarGo replied that he ~did not think we should possibly lose these ~nds. SinGe the wheels are in motion, it would mean they would give baGk Seacmest Blvd. and we would have to maintain it. Mayor Jackson ~eplied that it was only one Gommissioner?s word that it would come back to us. Mr. Roberts stated that the litigation at the pmesent time does not ~ffeGt US and Mayor Jackson agreed~ but added that they are tryimq to mush us into something. Mr. Roberts suggested that they go ahead with this projeGt as the drainage is needed. Mr. DeMarco questioned the amount of money alloGated and Mr. Kohl replied ~hat it 'was about $1~000~000. -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, PLORIDA AUGUST 1, 1978 Mr. Caldwel! made a motion to give the County permission to do their widening. He added that we must knuckle under to their game plan and this burns him th*way it has been handled. Th,yarc always in a hurry and it takes ten to fifteen years before the project is finished. Mr. DeMarco seconded the motion. No d/scussion. Motion carried 5-0. Reconsider Requests of Linde L. & Charles L. Leemon, III Mr. Ca!dwell announced that he requested.this be added and he did vote with the prevailing side. The reason he has requested reconsideration for the rezoning of the Leemon properties as brought before the Council at the last meeting was due to the fact since that time his phone has *Addn. not stopped rmngmng ~mther askmng us to change our vote or stand by 8/15 Min. our guns. It appears there have been numerous mm seonceptlons over What (below) the rezoning entails. Allegations have been made by both sides. It *Correcte¢ would appear that it would be in the best. interest of this Council See 8/15/78 to reconsider the Leemon property, hold public heamings again~ so we Minutes man get out all, the information available regarding the rezoning of this !and. He has heard people say that if this land is not rezoned, the Galaxy baseball diamond will be rezoned for a mo~el; others have said it is all residential along 2nd Avenue. There is a lotof mis- understanding among the residents. The pri mary~ebjeetive is to do what 'is best foe now and in the f~ture and he requests reconsidera- tion. Mr. Roberts asked if he meant reconsideration of the vote taken or to go through.the procedume again and Mr. Moore replied that it would depend on the intent of the motion. If t~e motion is to recon- sider the vote Or the aetion taken on the prior~applieation; however, there is no legal necessity of referring it bac~ to the Planning & Zoning Board sinee~they have made their recommendation. He thinks the Council should re-advertise and hold another publie hearing be- cause the people left feeling the matter was resolved. 6ir. Caldwell stated that this lies within the responsibility of the City Council for reconsideration~ which is the intent of his motion for the Council to hold public hearings again and reconsider our action. Mr. Roberts referred to there being two applications, one for rezon- ing the property and the other for abandonment, and Mr. Caldwell clarified that tlae £irst item was the rezoning from R-iA and C-2 to C-3 and after that vote was taken, we went through the motions and merely declined all other requests, one of whieh included the aban- donment of the right-of-way. We did not discuss the abandonment in detail. He thinks everything must be reconsidered. Mr. Roberts re- ferred to one being based on the other and ~[r. Ca!dwell replied that he didn't think there was any pertinent or chronological order for the applieations, but all should be discussed at the public hearing. Mm. DeMarco then seconded Mr. Ca!dwe!l~s motion. No discussion, Motion carried 3-2 with Mr. Roberts and Mr. Harmening dissenting. -19- *Addition: and people were MINUTES - REGULAR CITY COUNCIL MBETING BOYNTON BEACH~ FLORIDA AUGUST 1, 1978 Mr. Moore re£erTed to bringing this up at the earliest possible date and stated that publication dates must be considered. Mrs. Padgett informed the Council that;to meet the publishing deadlines, it would have to be the first meeting in September. MT. Roberts Tequested that the backup mateTial fTom the Planning & Zoning Board meeting be foTwarded to the Council membeTs and MT. Kohl replied that the f~ll infoTmation would be submitted. NEW BUSINESS Discuss Second Avenue and Woolbright Road (15th Avenue) Mm. DeMareo refeTred to Tesidents being affected by living along main thoToughfares like 2nd Avenue and Woolbright Road and possibly Sea- ~est Blvd. with it being four land~:and suggested these aTeas be Teseamehed by the Planning & Zoning BoaTd for possible Tezoning to eommeTcia!. He so moved, seconded byMT. Ca!dwel!. Under discussion, Mr. Roberts refeTred to 2nd Avenue not being a new highwayand stated he thinks everybody has been aware of the situation for a numbeT of years. Mr. DeMarco stated that the residents on Ibth Avenue are ex- peering it. Mr. Roberts questioned if he meant east or west and Mr. DeMarco replied fmom !-95 east. He suggests that the Planning & Zonin~ BoaTd make a study and a recommendation to the Council. He would also like to see it'made deep enough so it does not have to be made deeper later. He suggests one block or 200 ft. Mayor Jackson suggested that it be turned oveT to the Planning .~ Zoning BoaTd so they can hold public heatings and make a recommendation to the Coun- cil. Motion carried 5-0. ADMINISTRATIVE Consider Request for Water g Sewer Service. Submitted by Mr. MaxA~mbaoh MT. Koh/ refeTred to submitting a copy of a request from Mr. Max Ambaeh, purchaser of property located east of Rolling Green School, between Miner Road and N. E. 26th Avenue and stated that as indicated in cor- respondence from the Town of Hypoluxo and the Town of Manalapan, they have no obfections to the City of Boynton Beach providing these ser- vices even though the propeTty is in the limits of the Town of Hypo!uxo. Please be advised~ however, that the property is in our service area. MT. Perry Cessna~s me~randum of July 13, 1978, indieates his recommen- dation that the City approve this request inasmuch as he finds no legal pToblems and the City is capable of granting same. May he have ~ouncil~s wishes please. Mr. Harmening moved to instruet the City Manager to administratively approve this and the Council approves it in ooncept, seconded by Mr. DeMarco. Under discussion~ Mr. RobeTts asked if there were any lines that we will have to install and MT. Kohl replied that they will do whatever they have to. Motion ear~ied 5-0. -20- UISK/TES - REGULAR CITY COHNC!L MEETTNG BOYNTON BEACH, FLORIDA Consider Recommendation to Annex City Owned Station No. 317 AUGUST 1, 1978 Property - Regional Lift Mr. Kohl referred to submitting a copy of eorrespondenoe from Mr. Joe C. Swan ofRusse!l & Axon recommending the annexation of City owned property recently purchased for the installation of a lift-station and advised that the location of the property is north of State Road 804 and west-of Congress Avenue~ and eommonly referred to as the ~Ross Property~. Also submitted was an application~ legal description and all pertinent back-up material as well as memorandum from our City Ptanner~ Mr. Common Annunziato~ which indicates the procedures for this proposed annexation. May he have CounoilTs direetives in this matter please. Mayor Jackson asked if anyone lives on this property and Mr. Kohl replied negatively and that it is vacant. Mr. Ca!dwell moved that the proper documents be authorized for signa- ture, seconded by Mr. Harmening. No diseussion. Motion earried 5-0. Consider Request for Water Service Submitted by Quibteand Associates of Florida, Inc. Mr. Kohl referred to submitting- a copy of correspondenoe from the above dated July 19, 1978 ineluding a map with description of property and vieinity map and also a eo~ y of memorandum from our Utilities Director, Mr. Perry A. Cessna explaining the request and indicatin~ the require- ments of our City 0rdinanees. May he have CounoilTs wishes in this matter please. Mayor Jackson e!arified that this request was just for water and not sewer and Mr. Kohl agreed. Mr. Roberts asked if there were any lines and Mr. Kohl replied that the developer will have to install the lines~ however, our charter states he should have sewer. This is a decision the Couneil must make. The plans are for ~ acre lots with septic tanks. Mr. Har~aening added that it is not located in the City and Mr. DeMarco asked if the County would allow this and Mr. Harmening replied affirmatively, provided there is a public water supply. There was some further discussion and then Mr. Catdwell asked if a representative was present. Mr. Raymond Royce, attorney for the property owner, Quible Engineers, who made the applieation~came before the Council. He informed them that there are 83 acres and 83 units are proposed, which is one unit per aero. The aotual lot size will be somewhat less than one core, to allow ~hr the installation of recreation facilities and parks. Under the County?s laws, septic tanks are allowed on lots of ~ acre and larger. Most of the lo~ will be .8 to .9 care. They are rgquesting the public water supply and the ability to use septic tanks on these large lots. -21- J!NIITES - REGULAR CITY COUNCIL MEETING BOY3P~ON BEACH, FLORIDA AUGUST 1, 1978 Mayor Jackson asked if the septic tanks would be used indefinitely and Mr. Coldwell replied that this was not at issue here. Mayor Jaekson referred to this being in our serviee area and referred to the possibility of sewer .lines being installed in this area within the next year or so and Mr. Royoe replied that he understood if sewer is made available, you are required to hook in and at that time it ~wou!d be done. They do not intend to extend the sewer line and have no knowledge of anyone planning to do that. Mayor Jackson stated if they have City water: eon they get permission for septic tanks and Mr. Reyee replied that they eon use septic tan~ on ~ acre lots or larger and have made studies~and it will ~unetion well. He explained how with water and sewer proposed previously~ the developer had to plan with maximum density and was turned down by Palm Beach County. They feel the people in that area and the County prefer lower density and this is the way to develop this property into a nice community withlarge lots and to hold down the density. Mr. Roberts questioned how elose to the property the ~ater line was located and Mr. Cessna replied that it is approximately 8,000 feet. He added that they will have to pay the cost of running that line and turn it over to the City. Mr. Coldwell moved to extend to Quible & Associates of Florida the water line and that the necessary documents be prepared and executed for water, seeonded by Mr. Roberts. No discussion. Motion carried 5-0. Consider Approval for Transfer of Cemetery Lots 6!2A and 612B, Block N from Walter K. & Dorothy M. Sehroeder to Charles $ Ida Kugler Mr. Kohl referred to submitting copy of correspondenee dated July 3, 1978, received from Walter and Dorothy Sehroeder requesting the appro- val to transfer their eemeterylots 612A and 612B to Charles and Ida Kug!er. May he have Council's wishes please. Mr. DeMareo moved that this request be granted~ seconded by Mr. Harmer~ing. No diseussion. Motion earried 5-0. Consider Resolution for Demolition of Structures and Clearing of Land Mr. Kohl respeetfully requested that the City Attorney be directed to prepare the appropriate document to demolish the struetures and elect the land as described below in eonjunetion with the Community Develop- ment pmoj eot. Owner of Record g Address Pmoperty Address Legal Description Eva Walker 403 N.E. /~th Ave. Boynton Beaeh, FL 405 g 405A N.E. Lot 1, Block A N.B. llth Ave. Meeks g Andrews PB 5, Pg. 84 Property Control 08 43 45 21 22 May he have Council's direetives please. -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 1, 1978 Mr. Harmening moved that the City Attorney be authorized and directed to prepare the necessary resolution to accomplish this demolition, seconded by Mm. Robez~cs. No d~scussion. Motion earried 4-0. (Mr. Caldwetl had left the room ~emporarily:) Consider Application for Occupational License - Richard W. Hines dba The Carriage House at 403 N. E. 6th Avenue Mr. Kohl read the application and advised that Mr. Hines had a former business but sold it to Young Cars and is now applying for this new address. An investigation was made and it was approved. Mr. Roberts questioned what was located at this address presently and Mr. Howell replied that he had not been there~ but believes it is the area where the train crashed into the service station. Mr. DeMareo moved that the application be granted~ seconded by Mr. Ca!dwe!l. No discussion. Motion carried 5-0. Consider Appointment'of Deputy City Clerk Mr. Kohl requested the City Council to appoint Betty Boroni as Deputy City Clerk. Mr. Harmening moved to grant the City Manager's request, seconded by Mr. DeMarco. Under discussion, Mr. Caldwell clarified that there would be two Deputy City Clerks and Mr. Kohl agreed and added that it was recommended because of sickness and vacations. Motion carried 5-0. Budget Transfer Request- Contingencies to City Hall & Bldg. Dept. Mm. Kohl read the budget transfer request submitted to cover expenses for copy machines in the Building Department and City Hall for the balance of the fiscal year. Mr. Caldwe!l referred to the departments going over their budget and Mr. Kohl replied that money was needed to cover the copy machines. Mr. Caldwell asked if they were exceeding their budget and Mr. Kohl replied affirmatively. Mr. Harmening re- ferred to these being new copying malines and Mr. Kohl agreed. Mr. Caldwell moved to grant this transfer of funds as per the City Manager's request, seconded by Mr. Harmening. Under discussion, Mayor Jackson commented that she thought it would be a savings on the City Hall copy machine. Mr. Caldwell explained how it was neces- sary to make copies of large plans and Mr. Howell informed him that this was the xerox copy machine referred to. Motion carried 5-0. Approval o£ Bills Mr. Kohl read the following bills for approval: 1. International Business Machines $ 3~437.00 Computer rental for the month of July Pay from budgeted funds 001-I33-510-02-21 -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOP~IDA Board of County Commissioners Palms System Computer rental for May, June $ July Pay from budgeted funds 001-201-520-02-21 AUGUST 1, 1978 ~ 1,483.20 West Construction Est. #5 (Final) Elevator in City Hall Pay from Public Works Grant Fund Contract dated 12/9/78 8,146.00 Board of County Commissioners Use of County Dump ~or the month of June Pay from budgeted funds 001-321-530-02-9A 9, 390.00 Russell & Axon Inv. ~24 626-681-08-6 Resident inspection g engineering servTces at Water Plant Pay from Utility General Fund 401-000-169-01-00 Authorization dated 5/8/74 5,504.34 Tennis Supply Est. ~t 15,000.00 Tennis courts at Pioneer Park Pay from Operating Capital Improvement Fund 301-000-247-72-00 Council approved 5/16/78 Russell & Axon Inv. ~1 626-682-30-4 Engineering serviees in conneetiongwith Mirror Lakes Pay from Utility General Fund 401-000-220-53-00 Funds deposited by developer Authorization dated 6/6/78 1,328.25 Russell & Axon Inv. ~2 626-681-29-4 Engineering services in connection with Cranbrook Est. Pay from Utility General Fund 401-000-220-52-00 Funds deposited by developer Authorization dated 5/11/78 1,950.33 Russell & Axon Inv. ~8 626-681-04-4 Engineering services in connection with Regional Lift Stations g Foree Mains Pay from Utility General Fund 401-000-16~-11-00 Authorization dated 11/19/72 3,739.28 10. Isiah Andrews Driver for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 320-871-SY0-02-5A Ordinance #73-15, passed 5~15/73 !!~.00 11. Willie Ruth McGrady Server for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 320-871-570-02-5A Ordinance ~73-15, passed 5/15/73 96.00 -24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 1, 1978 12. All-Out Contractors ~ 1,797.21 Sand blast and repaint creators Pay from Utility General Fund 401-000-169-01-00 Council approved 2/21/78 Mr. Kohl stated the bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department; funds are available in their respective budgets. He therefore reeommends payment of these bills. Mr. Ca!dwel! moved to approve and pay the bills, seconded by Mr. Harmening. No discussion. Motion carried Discussion of Unused Compensation for the City Manager Mr. Caldwell referred to Mr. Kohl not too often taking vacation and very seldom getting sick and stated in lieu of recent occurrences in surround~F~mun%eipalities where the services of the City Manager were severed, he thinks it would be good for our City to offer to our City Manager some sort of severance pay and benefits. He suggests upon termination of employment three months ~wages caleulated at the rate of pay at the time of discharge, equivalent cash payment for all unused aecrued vacation time due at time of discharge, and 50% of cash equivalent of all unused accrued sick leave due at time of disehar<3e. These rules pretty much follow what our own Civil Service regulations are. He feels if a man is entitled to siek days and does not use them, he should net be penalized for good health. He believes the funds can be made available and thinks it is in the best interest of the City to grant such a move. Mr. Harmening seeonded this as a motion. Under diseussion, Mr. Roberts referred to Mr. Kohl not being under the pen- szon plan and added at the last budge~, he was not given a Mr. Caldwell referred to Mr. Kohl having been employed sinee 1973 and stated that he has not used any vacation time and Mr. Kohl agreed. Mr. Caldwell referred to the accrued monies Mr. Kohl is entitled to and suggested making some remuneration to Mr. Kohl for vacation time not used, but which he has earned. Mayor Jackson suggested that Mr. Kohl get paid each year for the accrued vaeation and he could earn the interest instead of the City. Mr. Caldwe!! included this as part of his motion. A gentleman from the audience came before the City Council and stated he believes Mr. Kohl should get paid for all the time he has not taken; however: he told how the income tax law did not allow a man to be paid for 54 weeks in a year. Mr. Ca!dwel! questioned if it should be paid in a lump sum payment for the last five years and Mr. Kbhl replied negatively. ~e added that he does feel he deserves this and has worked hard f~r the City. Every City Manager knows some day it is inevitable a few people may not want him around. He has been fortunate to work for this City so many years and hopes to stay here. He hopes he will have something to start over with again when a few Councilmen do not want him around. Mayor Jackson added that this is a place where the City Manager does not go to conventions and affairs with the City pay- ing for it and this should be taken into consideration. Mr. DeMarco added that Mr. Kohl also works additional hours. Motion carried 5-0. -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP~IDA AUGUST 1, 1978 Mr. Moore informed the Council that this must be done by an ol~dinanee amendment and read proposed Ordinance No. 78-33. He olarified that this amends the basic provisions set forth in the ordinances at the present time and includes if the City Manager is discharged, he will reoeive three months~wages calculated at the rate of pay at the time of diseharge, equivalent eash payment for a~l unused accrued vaeation time due at time of disoharge, and 50% of cash equivalent of all unused accrued siok leave due at time of discharge. Mr. Harmening moved the adoption of Ordinance No, 78-33 on first read- lng, seeonded by Mr. CaldweI1. No discussion. Mrs. Padgett took a moll call vote on the motion as follows: Councilman Caldwe!l - Aye Couneilman DeMarco - Aye Vioe Mayor Harmening - Aye Mayor Jackson Aye Counei!man Roberts Aye Motion earried 5-0. Request from School Board Mr. Harmening moved to authorize the City Manager to enter an agreement with the Palm Beaeh County Sehoo! Board regarding an easement that the*See City will furnish and install a sidewalk on their property in exchange for the granting of a sanitary foree main easement, seconded by Mr. DeMaroo. Under discussion, Mr. Kohl clarified that they are trading an easement for us to put in a sidewalk. Motion earried 5-0. Mr. Moore added that this is the last of all easements to enable in- stallation of the force main. Minutes 8/1S/78 See clari- fieatio below Reporton Tisdale Lawsuit Mr. Moore referred to the old Tisdale suit whieh has been pending and stated that through investigating and reviewing the case, there appears there was a hardship suffered by the contractor. Mr. Tisdale was assured that he would be able to utilize our City dump for dispo- sition.of sludge, but shortly after he started, he was told by the County, he could not do it and had to make a run of about ten miles which resulted in a loss of approximately $7,000 to $8,000 plus any court eosts. He recommends an agreement of approximately $3,000 to alleviate this problem. There was a hardship. Mm. Harmening moved to accept the City Attorney's reeommendation and settle the Tisdale lawsuit, seconded by Mr. DeMareo. Under discussion, Mr. Roberts qmes~e, ned what this was al! about and Mr. Harmeninc re- plied that it occurred about four years ago when working on the sewer plant. Motion carried 5-0. -26- *The School Board will grant to the City an easement in exchange for the City installing the sidewalk on the property. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 1~ 19Y8 O~HER Mr. Moore referred to beinginstructed to prepare an amendment to the solicitation-~dinance and explained how it was his understanding that it was the CouncilTs intent to require a certain percentage of the pro- ceeds remainin the City and requested guidance on this percentage amount. Mr. DeMarco questioned whatother cities have and Mr. Moore replied that he does not know if othezshave adopted this. Mayor Jackson refermed to West Palm Beaeh going into this and Mr. Harmening suggested checkidcinto that. ADJOURNMENT Mr. Harmening moved to adjourn, seconded by Mr. Caldwell. Motion carried 5-0 and the meeting was proper~y adjourned at 10:10 P. M. CITY OF BOYNTON BEACH~ FLOILIDA ATTEST: /~ City Clerk Councilman Councilman Reeordin~ sedretary (Three Tapes) -27-