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Minutes 07-05-78MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH~ FLORIDA, HELD IN CITY HALL~ WEDNESDAY, JULY 5, 1978 PP~ESENT Emily M. Jackson, Mayor Edward F. Harmening, Vice Mayor Richard D. Ca!dwell~ Councilman Joseph DeMaroo~ Councilman David Robemts, Councilman Frank Kohl, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Maye-r Jackson welcomed everyone and called the meeting to order at 7:30 P. M. She announced the Invocation would be given by Pother A1 Victor, St. MarkTs Catholic Church, and the Pledge of Allegiance to the Pla~ would be led by Councilman David Robert~. She requested everyone to please rise. AGENDA APPROVAL Mr. Coldwell referred to Old Business and requested that reconsidera- tion be given to the Raulerson application ~or mbandonment of an alley subject to the Planning & Zoning Board's recommendations. He advised that both parties are present and he thinks it would behoove the Coun- cil to hear what they have to say. He made a motion to reconsider the vote on this application. Mr. Roberts replied that he would hate not to second this motion~ but thinks it was pretty well discussed at the last meeting. He explained how consideration had been given to public utility lines being located in this alley. Mayor Jackson then ascer- tained there was no second to the motion. Mr. Kohl requested the addition of two bills, one from Big Chief and one from E. N. Rita Enterprises. He also requested the addition of a budget transfer for the Council's consideration for three tail ~tes for the packers. Mr. Coldwell requested Item A under New Business, Sidewalks, to be tabled since he has not had the opportunity to research this in depth. Mr. Kohl requested that the bid for a microfilm system remain ©n the table. Mr. Roberts moved to accept the agenda as amended, seconded by Mr. DeMarco. Motion carried 5-0. ANNOUNCEMENTS Mayor Jackson announced that she was going to make an announcement about Civil Defense and the shelter locations; however, our Civil Defense Director, Allan Nyquist~ has not been able to give a full report. In his research, he discovered the Council Chambers could not be used because the seats cannot be moved. She hopes to have the information for the next meeting. Mr. Caldwel! stated that Golfview Harbour has a large clubhouse whieh might be appropriate. Mayor Jackson replied that Mr. Nyquist was contacting the Vocational Technical School and condominiums to see if they can use their own clubhouses for shelters. A full report will be given. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON B. EACH, FLORIDA JULY 5, 1978 Mayor Jaekson announced that the South Central Regional Wastewater Treatment L Disposal Board will meet on Thursday, July 13, 1978 at 7:00 P. M. at the Delray Beaoh City Hall. MINUTES Regular City Council Meeting - June 20, 1978 Mayor Jackson referred to Page 16, s~cond paragraph, and c!arif~ed that it should be the "candidates" names being in a book, etc. Mr. Harmeming moved the adoption ~f the minutes as corrected, seeonded by Mr. Coldwell. Motion carried 5-0. PUBLIC AUDIENCE Mayor Jackson requested anyone wishing to speak on any item on the agenda to please give their name to the City Clerk, Mrs. Padgett. She then asked if anyone wished to address the Council on any item not on the agenda. Mr. Simon Ryder, 2379 S.W. lSth Avenue~ appeared before the Council and referred to the eurrenE tax revolt and explained how the effect on this City with indiscriminatory curtailing of services could do irreparable harm. He explained how the millage eap being set at 5 could be disasterous. He suggests a realist-ia approach at this time to aid the taxpayers and keep the government agencies in business is to address ourselves to the increase in property appraisals. He re- ferred to Boynton Beach molling book the millage last~ear, but the County and Sehool Board not following suit and the result being a substantial increase for many taxpayers. He thinks it is necessary to convince the other taxing authc~itiesto roll baek their millages accordingly and suggests that the Council submit a resolution to those agencies endorsing such action. Mr. Caldwel! moved to direct the City Attorney to draft the proper resolution to be sent to the B~ard of County Commissioners and School Board and the other tax levying ageneies affecting the residents of Boynton Beaeh requesting them to roll back the millage rates. Mr. DeMarco seconded the motion. Under disoussion, Mr. Roberts told about receiving some ealts about certain areas of the City not having their assessments inoreased and requested that a study be made to deter~ne if there are any inequities. Mr. Kohl replied that he would look into it. Further d/soussion followed with etarif~eation given that the millage went down, but the appraisals went up. Mr. Harmening ~urther elarified that the percentage of the increase was greater in the appraisal than the percentage of the reduetion of the millage. Also, people receive combined tax bills including the City of Boynton Beach, School Board, Board of County Commissioners~ and in some cases they are in the Be~hesda and Inlet Distr~ts. There is a net decrease in the City taxes, but the other taxes increase and the overall bill is higherl Motion oarried 5-0. -2- MINUTES - REGULAR CI%~Y COUNCIL MEETING JULY 5, 1978 BOYNTON BEACH, FLORIDA BIDS One (1) Microfilm System and Reader/Printer with Odometer (Tabled) Mr. Kohl requested this to remain on the table since they are still workin~ on it. Floodlight Fixtures, Lamps and Mounting Hardwame Mr. Kohl informed the Council that these are for Wilson Center and the ball park and advised that bids were opened on June 27~ 1978~at 3:00 P. M. in the office of the Purchasing Agent~ Mr. William Sullivan. The Tabulation Committee recommends acceptance of the low bid from Graybar Electric Company in the amount of ~8,856.00. A copy of the Tabulation sheet and proposal signed by M. E. Spencer of araybar have been submitted. All legal requirements have been met. Funds for this project are available in Account 001-000-115-87-007 Palm Beach County Community Development Block Grant (Wilson Park). May he have Council's wishes on this matter. Mr. Harmeninc moved to accept the recommendation of the Tabulation Committee an~ City Manager and award the bid to the low bidder, Graybam Eiee~ic Company, in the amount of $8,856.00. Mr. Caldwell seconded the motion. No discussion. Motion carried 5-3. Improvements to Boat Launching Ramps Mr. Kohl informed the Council that bids for improvements to the boat launching ramps were opened in the office of the Purchasing Agent, Mr. William Sullivan, on Monday, June 26, 1978, at 3:00 P. M. Only one bid was meeeived in the amount of ~23,200.00 from Hancock Marine Construction Company, and was considered to be too high. The Tabula- tion Committee recommends rejection of this bid. He respectfully requests Council,s appmova! to accomplish this project using City crews. This bid was too high since the cast was estimated at ~12~000. He talked to a man tonight 'who will put in the piling and concrete work for $7~500. The job can be done for under $12,000. Mm. DeMarco moved to reject the bid and have the City crews do the ~ob with a subeontraetor~o do the piling, seconded by Mr. Caldwell. Under discussion, Mr. Roberts stated that there will be inspections and plans for this job and Mr. Kohl replied affirmatively. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing NONE -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Ordinances - 1st Reading Proposed Ordinance No. 78-26 - merit ~ont-~ined in Ordinance No. JULY 5, ~978 Re: Revision to Planned Unit Develop- 75-19 Mr. Moore referred to tb/s emanating from the Building Department ~ relation to the PUD requirements and he believes Mr. Kohl felt the ord/nanee was too restrictive in regards to the development for single family homes. Mr. Kohl told abbut the developer being re- stricted to building homes per the arehiteeturat drawings submitted and a custom built home not bein~ allowed, which they feel is wrong. Mm. Harmening elarif~ied that the ordinance requires plans for each individual separate and distinet model, but not each house. Mr. Kohl replied that at the time of submission to the Planning L Zoning Board, the concept and definition of the struetures to be built must be approved. Mr. Harmening asked if this applied to~eanh and every dwelling and Mr. Moore replied affirmatively. Mr. Kohl added that if there are three different models and someone~wan~s to build a dif- ferent house, he Es not allowed to do it. Mr. Caldwelt referred to the example of having 2,000 lots~and asked if a p~an had to be sub- mitted ~or each of the 2~000 houses or just 'for the five distinct models in the PUD and Mr. Moore replied that a site plan or house plan could not be altered once apprDved. Mr. Kot~Lread Seetion 31.1 (K)(1)(a) srequiring that building ioeations an~armhitectural defini- tions of all stmuctures proposed be depicted on t~e preliminary plan or pla~ and clarified that if someone wants a di~ere~t home, he must go ttueough the complete process. Mr. DeMarco moved the adoption of Ordinance No. 78-26 as prepared. Mayor Jackson asked if a new ordinanee%asneeded, a~d-~r.%~Meo~elreplied he prepared an amendment as recommended by the City Manager, City Planner and his office. He further explained how the eurrent ordi- nance was too restrictive. However, the proposed amendment strictly applies to single family homes. Mr. Roberts referred to no~ having the am4n~ment to the ordinance prepared and Mm. Kohl replied that a proposal was submitted the way it should be written. Mr.. DeMarco moved to accept-the recommendation as stated, seconded by Me. Caldwell. Under discussion, Mr. Ca!dwell re,erred to the possi- bility of a project beiu$ downgraded from what was originally proposed and Mr. Moore disagreed and stated it would make it uniform. He ex- plained further how 't~e City has the authorityto set forth the physi- eel use of the land in a PUD. Mr. Kohl added that all the requirements must be met-sueh as the square ~ootage, setbaeks, etc. Mr. Moore then read proposed Ordinance No. 78-26 in its entirety on first reading. Mr. ~berts moved the adoption of Ordinance No. 78-26, seconded by Mr. DeMarco. No discussion. Mrs. Padgett took a roll mall vote on the motion as ~ollows: MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1978 Councilman Caldwell - Aye Couneilman DeMareo - Aye Vice Mayor Harmening - Aye Mayor Jaekson - Aye Councilman Roberts - Aye Motion carried 5-0. PUBLIC HEARING -8:00 P. M. Abatement of Hazardous Conditions Lot 9, Block 5, Palm Beach Country Club Estates, Plat Book]l, Page 5, Property Control No. 08-43-45-21-10, Darron Adams, Truste~ Mr. Kohl read the notice of public hearing pertaining to the above property. Mayor Jackson asked if anyone wished to speak in favor of this abatement of hazardous conditions and received no respor~se, She asked if anyone wished to speak in opposition and received no response. Mr. Caldwell moved to grant the abatement for removal of hazardous conditions of certain d~iapidated structures and huilding~ located on Parcel 1' as published~ seconded by Mr. Harmeoing. No disnussion. Motion carried 5-0. Rezoning Requests (POSTPONED) Parcels No. Request: Location: Use: Applicants: Abandonment Request 1 $ 2: Portions of Beverly Hill Addn. No. 3. Rezone f~omR-1A ~dC-2 a~d C-3 470 N. W. 2nd Avenue Constmuction of Motel Linda L. & Charles L. Leemon, III (POSTPONED) Parcel No. $: Applicants: Portion of N.W. 4th St. between SR-804 and N.W. 1st Avenue lying between Lots 5, 6, & 7, Block 72, and Lots 51 $ 32~ Block 73; Beverly Hills Addition No. 5 Einda L. S Charles L. Leemon, III LEGAL (Continued) Resolutions Proposed Resolution No. 78-CC - Re: National Weather Serviee Radar Mr. Moore referred to this regarding the National Weather Service Radar which was previou~y discussed and read Resolution No. 78-CC by caption. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1978 M~. Harmening moved the adoption of Resolution No. 78-0C, seconded by Mm. DeMarco. No discussion. Mrs. Padgett took a mol! call on the motion as follows: Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson Aye Councilman Roberts Aye Councilman Caldwel! --Aye Motion carried 5-0. Pmoposed Resolution No. 78-DD - Re: Authorization to Execute Amended Non-Financial Agreement Effective March 9~ 1978 - Palm Beach County and the City of Boynton Beach (CETA) Mr. Moore stated that the City Council previously authorized the execu- tion .of this non-financial agreement: but the CETA people have requested anotherresolution to be adopted because of a minor change. Mr. Caldwe!l moved the adoption of Resolution No. Y8-DD executing the CETA agreement as amended, seconded by Mr. Harmening. 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 Counei!man DeMareb - Aye Motion carried 5-0. Proposed Resolution No. 78-EE - Re: Public Utility Easements Mr. Moore stated that this particular resolution was requested by the owners of various easements. It is a formal statement by the City Council that there is now and will be sufficient sewage plant capacity to service these properties. Mr. Ca!dwell stated that it seems like they are getting us to admit something so they can deny the granting of the easements. Mr. Moore elari£ied that we are trying to get an alternate easement outside the right-of-way so we dontt have to worry about the State Road Dept. coming along and wanting the lines moved at our expense. This is a statement only~ which the owner is en- titled to. Mr. DeMarco moved the adoption of' Resolution No. 78-EE, seconded by Mr. Caldwell. No discussion. Mrs. Padgett took a roll call vote on the'~otion as follows: Councilman Roberts Aye Councilman Ca!dwel! = Aye Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Motion carried 5-0. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA Other Consider Ratification of Interloeal Ag-~eement ~e: Center JULY 5, 1978 Cooperative Dispatch Mr. Kohl referred to this being mandated and explained how this altered the terminal divisions assigned to the Cooperative Dispatch Center. Mr. Harmening referred to the State mandating this and explained how the cost had increased. Mr. DeMarco asked if this was required and Mm. Kohl repliedaaffirmatively and we are mandated by the State to go into the regional system or our system will be jammed. He continued with explaining how he was unsatisfied and has told them that-we will go back to our old system next year. Mr. Harmen~ng stated that he thinks we should pursue every means~ includ- ing legal recourse if neeessary~ to compel this operation to live within our budget and if possible get out from under it. He moves to direct the City Manage~ to pursue every means possible, including legal, to abate and alleviate this situation in any way which is feasi- ble. Mr. DeMareo seconded the motion. Under diseussion~ Mr. Kohl told about attending the last Cogperative Dispatch Center Meeting and being flabbergasted to hear that we would have to pay $176~000, but advising that we will do everything to get out of the system next year. Mayor Jackson suggested that the City Attorney draw up a resolution protest- ing this and Mr. Ha~mening replied that it would just be a waste of paper. Mr. Kohl stated that he' would 166k into this for next year. Motion carried 5-0. Mr. Harmening then referred to the agreement being necessary and moved to accept the amendment to the !nterlocal Agreement dated March I0, 1977~ establishing the Cooperative Dispatch Center of South Palm Beaeh County, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. Consider Proposed Traffic Control Agreement Between City and Palm Beach County Re: Intersection of Boynton West Road (804) and Congress Avenue (807) Mr. Kohl read the attached letter fmom the Board of County Commis- sioners dated June 222, 1978, and requested approval. Mr. Harmening moved that the pmoper parties be instmucted to execute the Traffic Control Agreement for the Intersection of Boynton West Road and Congress Avenue between Palm Beaeh County and the City of Boynton Beaeh~ seconded by Mr. Caldwe!l. No discussion. Motion carried 5-0. -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1978 Consider Execution of Municipal Depository Agreement Between City First Federal Savings L Loan Assoeiation of Lake Worth Mr. Kohl read the attached letter dated June 8, 1978, from First Federal Savings g Loan Association of Lake Worth. He added that we used to have ~700,000, but we are now getting better rates in eom- mereial banks and a new agreement has to be signed. Mr. Coldwell moved to exeeute the Munieipa! Depository Agreement between the City and First Federal Savings S Loan Association of Lake Worth, seconded by Mr. Harmening. No discussion. Motion earried 5-0. Consider Lease Agreement Between City & Department of Transportation Re: City's Use of Property for a Park Mr. Kohl referred to submitting a copy of the agreement and advised that it is the park by 1-95. Mr. DeMareo asked if it included the Cherry Hill Cemetery area and Mr. Kohl meplied affirmatively, plus additional lots. He added that it is in order and requests it be approved. Mr. DeMareo moved that the proper authorities execute the agreement between the City and Department of Transportation in regards to the property for the park, seconded by Mr. Harmening. No discussion. Motion carried 5-0. OLD BUSINESS Consider Appointment to Board of Adjustment (Tabled) Mr. Harmening moved to take this from the table, seconded by Mr. DeMareo. Motion carried 5-0. Mr. Ca!dwell told about the efforts Mr. John Miller had expended as a member of the Comumnity Relations Board and stated he would like to nominate Mr. Miller for this appointment, but he has not spoken to him about this. He added that Mr. Miller has demonstrated in the past his ability to serve and make intelligent deeisions. Mayor Jackson stated that she was thinking of Mr. Robert Olds, who served previously, but she has not eontaeted him. Mr. DeMareo moved to table this until eontacting these men, seconded by Mr. Hammening. Motion oarmied 5-0. City Attorney's Recommendation re: Site Plan Review Mayor Jackson referred to the City Council requesting recommendations or suggestions from the City Attorney on the site plan procedure and requested Mr. Kohl to please read the oommuD/eation from the City Attorney. Mr. Kohl read the attaehed memo dated June 27, 1978 from Mr. Gene Moore. Mayor Jackson then requested each Couneit member to comment. -8- MINUTES - REGULAR CITY COUNCIL MEETING JULY S, 19Y8 BOYNTON BEACh, FLORIDA Mr. DeMarco suggested that possibly the area could be cut from two acres to one acre and have one acre in both cases. Mr. Harmening stated that he believes if we were to go along with this recommendation, we would eliminate site plan ~eview for probably 38 to 98.9% of all property in the preliminary phases of being developed. He did not intend to go quite this far. After everyone speaks, he will make his own recommendation to the City Attorney to draw up an omdinance. Mr. Roberts stated that 'one thing the Planning $ Zor~ng Board and City Council seem to agree on is to eliminate site plan review on additions and alterations. We have very little problems with multi- family and he thinks we should leave that rest as is and look at commercial. He suggests putting a price tag on commereia!, possibly $75,000 or less not to come to the Council. Mr. Caldwell stated that the main problem is speeding up the delay where the biggest bottleneck occurs, which is additions and altera- tions. After speaking with Mr. Lambert and Mr. Arena of the Plan- ning S Zoning Board~ it is questionable whether there are ma~vif ~any two acre commercial sites in the City. He questions that fee- tot. In reference to multi-family developments, he thinks the Plan- ning S Zoning Board should offer input. It has been his positionif any changes need to be made to speed up minor bottlenecks in the issuance of building permits, it lies in additions and alterations to homes and commercial sites and he thinks that 'is the only area which should be removed from t~e people. With review by the Council and Planning & Zoning Board~ the people have the opportunity to give input. Only alterations and additions should be eliminated. Mayor Jaekson stated that she certainly feels two acres is too great an amount of property. Also, even if something is being built in the proper zone, it should go before the Community Appear- fence Board for the aesthetie part. Mr. Harmening stated that his recommendations have almost been ex- pressed verbatim by Councilman Roberts and Councilman Ca!dwell. He was going to recommend that the attorney draft an ordinanee eliminat- ing alterations and additions from the site plan review process and a dollar amount of ~75,000 or less in value would not have to come before the Planning L Zoning Beard. Mr. Roberts added that in talk- ing about a commercial building~ $75~000 is rather small. Mayor Jackson referred to the recommendation to omit the Community Appearance Board andMr. DeMarco stated that we should keep the Community Appearance Board. Mr. Hammening clarified that he was only talking about the site plan review with the Planning $ Zoning Board and the Community Appearance Board was not considered. -9- MINUTES - REGULAR CITY 2OUNCZL MEETING BOYNTON BEACH~ FLORIDA 011LY 5, 1978 Mr. Harmening moved that the City Council direct the City Attorney to draft a revision to the ordinance for site plan review deleting for site plan ~eview by the Planning & Zoning Board and City Council alterations and additions with a value of $75~000 or less and 'no other changes. Mr. Coldwell seconded the motion. Under discussion, Mr. DeMaroo asked if acreage should be included and Mr. Harmening replied negatively and stated he was just p!aeing a value on altera- tions or additfons. He clarified that any alterations or additions coming to the Building Department with a valuation of $75~000 or less~ the Building Department can issue the pemmit. Mr. Roberts asked if he was including new buildings and Mm. Harmening clarified alterations and/or additions. An addition'would be a partially new building and an alteration would not include a new stmuoture. An alteration is usually changing some portion and an addition is add- ing some small additional portion to an existing stmucture. Altera- tions and additions do not contemplate totally new construction. Mm. Robemts stated that his recommendation is new commercial estab- lishments should be based on a dollar value. He then amended the motion to include thq s recommendation~ seconded by Mr. DeMaroo. Under discussion, Mr. Coldwell asked if he was saying to expand to residential and commercial developments not only additions and alter- ations~ but ranything under $757 000 is reviewed by the Technical Re- view Board ~ithout going before the CityCounoil. Mr. Roberts clari- fied that the only change is if there is a new commercial establish- ment under a certain price, either $75,000 or ~100~.000, it should also take the same path whi?eb is to bypass the City Counei! and Planning g Zoning Board. Mr.. Simon Ryder, Chairman of the Planning & Zoning Board, appeared before the Council and stated that as Mr. Harmening pointed out, this has dragged on and on and has not been good. The Board was asked some time ago to explore this. It did not stem from the Board. They spent many hours in meetings and acme to the conclu- sion that what they are doing is the proper thing by helping them and airing to the public. They feel all the time spent ~n this in the past has been 5ustified. At the last meeting, they made a recommendation that in the area of alterations and extensions~ it was not particularly helpf~ml and could be eliminated. Mr. Moore referred to making the recommendation for discussion. The root of the issue is that this Council does not have the authority to impose restrictions on the use o~ the property unless it is speeifioally set forth in an ordinance. Arbitrary decisions cannot be made. The Council canner 'force an individual to do something not required by law. To continue this situation will possibly remove any system of responsibility for the department ~eads and the Tech- nical Review Board. The Council has been approving every site plan coming through this City and the department heads made a recommenda- tion and the approval is ~th the City Council. Mr. Harmening clari- fied that he was referring to the recommendations from the Technical Review Board and Planning & Zoning Board and Mr. Moore clarified that we have ordinances and they must be applied to each application. ~10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1978 Mr. Moore continued that once a decision has been made and everything complies with the ordinance, additional requirements cannot, t be made. He cautioned the Council that ~requirements must be based on laws. Mr. Ca!dwell stated that as he understands our ordinances, we are in compliance with all zoning laws and Mr. Moore replied that it is the interpretation and enforcement of the laws. Mr. Caldwel! referre~ to the Council§ authorit7 to approve or disapprove and Mr. Moore replied that this is the function of the staff. Mr. Coldwell olarified that the Council should be direetly ~esponsib2~e for the ultimate decision with as many viewpoints being given as possible before this deeision is made. Mm. Moore stated that the Council is eleeted by the people and,they are the only ones with power and evemyone else is in a recom- mending position. Mayo~ Jackson ~eferred to the department heads hav- ing jobs and Mr. Moore agreed and stated that the Council is double nheeking them. Mr. Simon Ryder appeared before the Council again and stated that if the Council doesn't do this, then ~ho does? It will then be the respon- sibi32ity of some individual. Is it preferable to have the Council involved in this? As far as recommendations~ everything is not spelled out in the codes and there is a good deal of gray area. Recom- mendations a~e listed on the plans beeause they are not spelled out in the codes. The recommendations a~e made for the public interest. The decisions must be made by someone and he does not agmee that the proper solution is to leave it with one ~ndividua!. Mr. Roberts explained how i~ anything did norfolk prope~y~ it could be changed. Mayor Jackson called for a vote on the amendment to include any new .commerei~! buildings with a value of $100,000 or less to be excluded. ~from site plan ~eview and City Council. Motion carried 5-0. ~Correction made at 7/18/78 mtg, Mayor Jaekson called for a vote on the main motion to delete altera- ons and additions from review by the Planning & Zoning Board if 100~000 or under. Motion carried 5-0. er. Mo0me clarified that being deleted from site plan review was all w commemcial b,~ildings and/or additions and alterations as longaas he valuation is under $100,000. He asked if multi-family was ineluded and Mr. Roberts replied negatively. Mr. Moore stated that it would just apply to comme~cia! and Mr. Harmening replied that his motion pplied to additions and alterations which are commercial and indus- rial. Discuss Duties of Community Relations Board - Councilman Roberts ~m. Roberts referred to the duties of the Community Relations Board ~eing pretty well spelled out; however, ResolutiOn No. 77-SS seems to eause some eor~usion andhe wouldlike the Couneil to review fou~ ~tems and poSsibly eliminate them. He referred to No. 1 stating the is to act as ~oard liaison between the City Housing Authority a~d the MINUTES - REGULAR CITY COUNCIL MEE~'TING BOYNTON BEACH, FLORIDA gI1LY 5, 1978 citizens requiring housing and rent subsidies, and Mm. Roberts explained how this job would require a paid individual. This also applies to No. 2 to act as liaison between the City Manager and those individuals needing ~ood supplements. The Board can make recommendations to the Council under No. 4. Nc. 3 is handled by the Housing Authority. He feels this resolution loads the Board with extra work, which is not fair to them and another depamtment will be needed. He would like to heam comments from the rest of the Council whether they are in agree- ment if the whole resolution should be eliminated or be reworded. Mayor Jackson suggested that he work out some changes. She added that Resolution No. 77-SS was not to be used in eonjunetion with Reso- lution No. 77-W, but ~eplaees 77-W. Mm. Roberts replied that if that is done~ ther~ will not be a basic reason for theCCommunity Relations Board. The duties ace spelled out in Resolution No. YT-W~ but cannot understand Resolution No. 77-SS. Mm. Moore informed him that Resolution No. 77-SS was adopted because of the creation of the Board and to clarify theim responsibilities. Mm. John Millem~ 198 S.E. 27th Avenue, appeared before the Counei! and advised that he is a member of the Community Relations Board, but not speaking fom the Chairlady, Blanche Gimtman. He attended the Housing Authority meeting as a representative of the Community Relations Board and believes they eau aet in conjunction with the Housing Authority. They can give each other input as part of their duties. He agrees there are some contradictions. If they review the minutes from the last meeting of the Housing Authomity, it is mentioned that steps have been taken to secume some govemnment monies for an outreach worker for the Housing Authority, who would also possibly give some input to the Community Relations Boamd. The biggest problem is that the Board does not get ~any input. The Board does not have a f~lltime sta£f and has had a hard time getting ~nput f~om the various seetors of the community. They are getting Tore input with having a member attend the Ho~sing Authority meet- ags and get some input from various members of the community who are members of the Board. He suggests that they be allowed to main- %ain being a liaison w~th the Housing Authority and possibly if they do seeume an outreach workem, he will be shared with the Community Relations Board and they wilt have more input and be able to be a ~ore fr~/t~ul group. Mayor Jackson meplied that he understood the wo groups and clamified that the Council wants input. We are in ~avor of the two groups working togethem and hope it will womk out. Mm. Miller continued that the Boamd wants communication with the ~omamnnity and they will relay it to the other Boards if appmopmiate~ ut mos~ importantly to the Council. Mayor Jackson agmeed and ex- Dlained how poss~ly the members of the Community Relations Board would beam about people needing hQusing which they could bming to ~e attention of the Housing Authority. -12- MINUTES - REGULAR CITY COHNCIL MEETING BOYNTON BEACH~ FLORIDA JI/LY 5~ 1978 Mm.. Robemts stated that the Community Relations Board is a reeommend- lng Board and they are trying to go to work according to this reso!u- tion and would need another department~ which he is not in agreement with. He questions the four items assigned to the Board. The ori- ginal resolution allows them to provide input regarding people need- lng foo3~ supplements. He does not think it is within their province to provide input regarding demolitions and this is being taken 'care of. To make recommendations to the Council regarding the poor and aged isdjust repetition. Mayor Jackson suggested that he make a motion to oon~ine Resolution No. 77-W and Y7-SS to make a new resolu- tion stating the functions of the Community Relations Board. Mr. Roberts suggested rescinding both and making a new resolution. Mayor Jackson suggested turning back to the Board for input 'on a new resolution. After further disnussion about the duties and responsibilities, Mr. Roberts made a motion that Resolution No. 77-SS be rescinded and Resolution No. 77-W be redrafted with the addition of Item 1 under Section 1~ seconded by Mr. Harmening. Mm. Charle~ Johnson~ Chairman of the Housin~ Authority appeared before the Council and explained how the Housing A~thority was erected, dis- banded, and then recreated at the same time the duties were being clarified ~or the Comw~nity Relations Board based on the Housing ~uthority being in operation or not. Mayor Jackson replied that he was wrong because the Housing Authority was created on July 19 and Resolution No. 77-SS was written in August. Mr. Johnson eontinued with telling about when he was a member of the Community Relations Board previously and their purpose was to be an input group giving input to the City Council. He added that anyone is welcome to attend he Housing Authority meetings and they have been cooperative with i! groups. Mayor Jackson clarified that the motion was to rescind Resolution ~7-SS and redra£t Resolution No. 77-W including No. 1. Motion oarried NEW BUSINESS Discuss Sidewalks - Councilman Richard Coldwell Mr. Caldwe~ moved to table: seconded by Mr. Harmening. Motion carri~d 5-0. ADMI NIST~A%~f VE Consider Resolution for Demolition of Structures & Clearing of Land in Conjunction with Community Development Project Mr. Kohl referred to submit~-i~g a list of the properties recommended for demolition. Mayor Jackson requested that the attached list be attached to the minutes, -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP~DA JULY 5, 1978 Mr. Ca!dwe!I moved to direet the City Attorney to draft the appro- priate resolution for the demolition of structures and clearing of land in conjunction with the Community Development Project, seconded by Mm.. DeMareo. No discussion. Motion married 5-0. Consider Site Development Plans Caesar Mauti for Tropieal Aeres Restaurant, Inc. to Construct Addition to Office, Mansard Roof & Modifications to Vestibule Mr. Kohl informed the Council that the Planning L Zoning Board at their regular meeting of June 27, 1978, unanimously recommended that the site development plans subnitted by Caesar Mauti for Tropical Acres Restaurant to construet an addition to an office, a mansard moor and to make modifications to the vestibule be apprOved as sub- mitted. The motion to approve was made hymn. Winter and seconded by Mm. Lambert. An excerpt fmom the Planning $ Zoning Board meeting mir~tes and a print showing the location of the pmoposed ~onstmuction have been submitted. May he have Council's wishes on this ~tter. Mr. Coldwell moved the approval of the site plan for the addition at Tmopioal Acres Restaurant, Inc., seconded by Mm. DeMaroo. No diseus- sion. Motion carried 5-0. Charles Richter for Scotts Restaurant Co., Ltd. to Constmuet a Chicken-Take-Out Restaurant Between the Farm Store and Gulf Station on S. E. 15th Averme Mm. Kohl informed the Council that the Planning & Zoning Board at their regular meeting of June 27, 1978, unaDqmously recommended that the site ~evelopment plans submitted by Charles Richter for Scotts Restaurant Co., Ltd.~ to construct a Chicken Take-Out Restaurant on Lots 14 and /~, Block 3_l, Central Park Annex, located between the Farm Store and the Gulf Station on S.E. 15th Avenue (Woolbright Road) be approved subject to the following staff comments: Engineering Dept. - Provide grades and elevations for paving. County permit required for curb cut. Building Dept. - Relocate handicapped parking space closer to fmont door. General Services Provide hack-up space for tmuek. The motion to approve was made by Mr. Winter and seconded by Mr. Arena. An excerpt fmom the Planning g ZOning Board meeting minutes and a print showing the location of the proposed constr~ction have been submitted. May he have Council's wishes on this matter. Mr. Caldwel! moved the approval of the site plan for Scotts Restaumant Co., Ltd., subjeet to the staff comments and recommendations, seeonded by M~. DeMarco. No discussion. Motion married 5-0. -14- MI~-GTES - REGULAR CITY COUNCIL MEETING BOYR~ON BEACH~ FLORIDA J~LY 5, 1978 Der!e Bailey for Inlet Bait L Taek!e Shop to Constr~ct a Parking Lot at 2010 North Federal Highway Mm. Kohl informed the Couneil that M~. Bailey was not present at the Community Appearance Board meeting and requested this to be tabled. Mr. Harmening moved to table, seconded by Mr. DeMareo. Motion ear- ~ied 5-0. Consider Appmoval of Final Plat of Plat I of Sky Lake Subdivision Located on Old Boynton Road~ East of the E-4 Canal Mr. Kohl informed the Council that the Planning g Zoning Board at their regular meeting of June 217, 1978, unanimously recommended ap- proval of the final plat of Plat I of Sky Lake Subdivision containing 57 single family tots and a recreation ~arcel~ located on Old Boynton RDad east of the E-m Canal, submitted by Norman Taplin, subject to the following staff comments: Engineering Dept. Utilities Dept. Recreation Direetor Per memo dated June 27. - Construct manhole ~4 in first phase of development. As per reereation agreement. The motion to approve was made by Mr. Lambert and seconded by Mr. Winter. ~/ae memo of June 27, excerpt from the Planning g Zonin~ Board meeting minutes, and a print showin~ the location of Sky ~ake Subdivision have been submitted. May he have Council's wishes on this matte~. Mr. DeMarco moved the approval of Sky Lake Subdivision subject to staff comments and recommendations, seconded by M~. Caldwe!!. No discussion. Motion earried 5-0. Consider Appointment to Housing Authority Mr. Harmening nominated Mr. E. E. Knapp~ 460 Ocean Parkway, for ap- pointment to the Housing Authority. He stated that 'since there are times when a lot of discussion is centered about the north end of town, this gentleman resides there and should be very knowledgmble. Mr. Caldwell seconded the nomination. Hnder diseussion, Mr. Caldwell asked if he had con~aeted Mr. Knapp and if he was in agreement and Mr. Hammening replied affirmatively. Mr. DeMareo questioned his baekground and Mr. Harmening informed him that he is a retired County employee. Motion carried 5-0. Mayor Jackson requested Mrs. Padgett to notifM Mr. Knapp. Discussion and/or Ratification of Items for the South Central Regional Wastewater T~eatment & Disposal Board Mayor Jackson announced she had put this on the agenda to follow up the recent Board meeting~ but has been advised there are no items aeedinq ratification nor requiring discussion. Ratification will be required after the Board meeting next week. -15- MINUTES ~ REGULAR CITY COUNCIL MEETING BOYNTON BEACH: FLORIDA JULY 5~ 1978 Consider Approval of Budget T~ansfer Request - Parks Department to General Services Administration Mr. Kohl informed the Counoi! that 'money is needed to fence in the animal shelter. They do have eages~ but have lost many dogs with people cutting the gates and also a few people have been bitten. He wo%mld like to put a fence around the shelter and is requesting to transfer $615 for this purpose. Mr. DeMareo moved to grant this transfer, seoonded by Mr. Caldwe!!. No discussion. Motion carried 5-0. Approval of Bills Mr. Kohl requested the addition of two hilts7 one from Big Chief in the amount of $37657.00 for demo3~tion and removal of a service sta- tion at 804 North Seaerest Blvd. and 910 Old Boynton Road, and one from E. N. ~ita in the amount of ~38,810.85 for the addition. He passed these to the Council members to review and added that they have been checked by the department heads. He then read the follow- ing bills for approval: 1. Rubin Construction g 5,000.35 Asphalt for street repair Pay from budgeted ~dnds 320-40t-54D-04-31 320-401-540-02-3A $37053.84 $1,946.51 2. Heintzelman~s 167667.16 3 Courier Pickup Tmueks for Utility Dept. Pay from budgeted funds 40!-513-550-04-83 401-531-550-04-83 ~127500.36 4,166.79 3. I.B.M. Corporation 3:437.00 Computer rental for June 1978 Pay from budgeted funds 001-133-510-02-2! Geoz~fe A. Novak g Thomas Panza Severance pay on termination Pay from budgeted funds 001-201-520-0I-1! 5,000.00 5. Russell L Axon 626-681-23-3/6 1,087.64 Professional services for Raw Water Wells ~15 and 16 Pay fmom Utility General ~und 401-000-169-01-00 Authorization dated 8/18/77 Isiah Andrews Driver for Senior Citizens Club - 2 weeks Pay f-~om budgeted funds 320-871-570-02-5A Ordinance ~73-15~ passed 5/15/73 ll0.00 -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNT@~ BEACHI FLORIDA JULY 5, !978 Willie Ruth MeGrady Server ~or Senior Citizens Club - 2 weeks Pay f~om budgeted ~unds 320-871-570-02-5A Ordinance ~73-!5, passed 5/15/73 96.00 8. Aqua Chem Co., Inc. 1~407.30 Pebble lime ~or Water Treatment Plant Pay f-~om budgeted funds 401-512q550-03-65 9. Bariie Excavating & Pipeline Est. ~3 12,788.39 Galaxy Park Pay 'from Public Works Grant Fund 350-835-570-05-72 Contract dated l/23/78 10. Barile Exoavating & Pipeline EsT. ~3 Seaerest Blvd. Utility Reloeati, on Pay from Pubtio Works Grant Fund 350-835-570-05-73 Contmaot dated 1/23/78 4, 209.24 Calgon Corporation Corrosion inhibitor for Water Treatment Plant Pay from budgeted funds 401-512-550-03-65 4,140.00 12. Frenz Enterprises, Ine. 3~714.86 Sludge hauling ~or May Pay from budgeted ~unds 401-533-550-02-99 Bid approved 5/8/78 Mr. Kohl stated that the bills described have been approved and veri- f/ed by the department heads involved; eheeked and appmoved for pay- ~ent by the Finanee Department; funds are available in their respective udgets. He therefore recommends payment of these bills. ' Mr. Caldwe!l referred to Items 9 and 10 and asked if these were on sehedule and Mr. Kohl replied that it is behind schedule as far as Barile is concerned. There was a disagreement regarding the sprink- ler system, but it has been ironed outand construotion should move forward now. Mr. Caldwe!l asked if we were holding book enough.funds and Mr. Kohl replied affirmatively. Mr. Harmening questioned why we were demolishing the two gas stations and Mr. Kohl informed him that papers will be served on the people and liens on the property have been processed. Mr. Caldwel! moved to pay the bills, seconded by Mr. Harmening. No discussion. Motion earried 5-0. -17- MINUTES - RECULAR CITY COUNCIL MEEg~NG BOYNTON BEACH, FLOP~DA JULY 5~ 1978 Consider Approval of Budget Tmansfer Request for Three Hydraulic Tail Gates Mr. Kohl told about three peekers leaking hydraulic fluid and requested a budget transfer to be approved in the amount of $25,000 f~om General Services to ~y three hydraulic tail gates. He explained how the packers would last another three years after spending this $8,000 each to make this repair. He has included this amount in the new budget, but cannot see waiting until October 1 and ruiDing many driveways in the City. Mr. Harmening moved to authorize the City Manager to replace the hydraulic system in the tail gate of three peekers. Mayor Jackson referred to going to bid and Mm. Kohl informed her that there is only one company whieh will do this since they sold us the tmueks. He will bring it to the Council for approval. Mr. DeMarco then seconded the motion and the motion carried 5-0. OTHER Mr. Kohl requested permission fmem the City Council to attend possibly the next meeting of the County Commission or whe~e~e gets permission from the County Commission to try to prooure ~unds for the new sports complex. Mr. Ca!dwe!l moved to grant permission for Mr. Kohl to at- tend~ seconded by Mr. Hammening. Mayor Jackson announced a motion was not needed because this is part of the work o£ the City Manager. She ascertained the members were in agreement and wished Mr. Kohl suoeess. ADJOURNMENT Mm. Harmening moved to adjourn~ seconded by Mr. Roberts. Motion eal~ried 5-0 and the meeting was p~operly adjourned at 9:25 P. M. ATTEST: Recording ~Secretary (Two Tapes) CITY OP BOYNTON BEACH~ FLORIDA fl Ma or ~ ~ Councilman // ~ ~ Councilman Councilman -18- AGENDA July 5, 1978 IX. ADMINISTRATIVE A. Consider Resolution for Demolition of Structures 'and Clearing of Land in Conjunction with the Community Development Project I respectfully request the City Attorney be directed to prepare the appropriate document to demolish structures clear the land as described on the attachment. and This is in accordance with Chapter 14-A of our Code of Ordinances and in conjunction with our Community Development Project. FK/db Attachment 2 pages w/~r~k Kohl / City M~ager List submitted to City Council meetin9 of July 5, 1978, reconmendin9 Resolution for Demolition. ~NER OF RECORD AND ADDRESS PROPERTY ADDRESS LEGAL DESCRIPTION Leland N. Lesser 4477 K~=bler Court Ann Arbor, Mich. 48103 106 N. E. 3 Avenue Boynton Beach, FL Lot 12 Block 1 SPIEPARD FL~LK ADDITICKN PB 2 P 15 08 43 45 21.30 001 0110 knnie Griffin 19 Clark Street Maitland, FL 32751 1212 N. E. 3 St. Boynton Beach, FL N. 66' of W. 160' of E. 330' & S. 2!' of N. 66' of E. 170' Block A ~:~:KS & ANDR~S ADDITION PB 5 P 84 08 43 45 21 22 005 0020 L. & Maggie Johnsc~ 143 N. E. 10 Avenue Boynt~n Beach~ FL 143 N. E. 10 Avenue Boynton Beach, FL West ½ of Lot 2 Block 1 FRkNK WEBER ADDITION PB 9 P 3 08 43 45 21 25 001 0021 R. & Alice Knowles /200 N. W. 4 Street Soynton Beach, FL 203 N. E. 10 Avenue Boynton Beach, FL West ½ of Lot 26 Block 1 E. ROBERUS ADDITION PB 1 P /23 08 43 45 21 27 001 0262 Leonard J. Harris 511 N. W. 8 A%~nue Boyntc~ Beach, FL 205 N. E. 10 Avenue Boynton Beach, FL East ½ of Lot 26 Block ! E. ROBE, S ADDITION PB 1 P 123 08 43 45 21.27 001 0261 Frank Smith & Ophelia Jackson 335 N. E. 10 Avenue Boynton Beach, FL 427 N. E. 10 Avenue Boynton Beach, FL Lots 1 & 2 (less rr & sr r/ws) Block 1 E. ~0BER~S ~DDITIf~N PB 1 P /23 08 43 45 21 27 001 0010 Josie B. Butler 239 N. E. 11 Avenue Boynton Beach r FL 314-316 N. E. 11 Ave. Boynton Beach, FL Lot 7 Block 4 l~t,~;~;~Lq & ANDPEW~ ADDITION PB 5 P 84 08 43 45 21 22 004 0070 T. ~. & Affie M. Wright 2100 N. W. 21 Street Gainsville, FL 32601 John Tarmer 501 N. W. 12 Avenue Boyr~ton Beach, FL 342 N. E. 11 Avenue Boynton Beach, FL 501 N. W. 12 Avenue Boynton Beach, FL unmbrd Lot East of Lot 1 Block 4 ~ & A.X]D!~YS ADD. PB 5 P 84 08 43 45 21 22 004 011D Lots 434-435 PB 4 P 58 08 43 45 21 14 000 4340 List submitted to City Co~cil m~etin9 of July 5, 1978, for Demolition continued. C~A~R OF RECI)RD AND ADDRESS Anthony Allen 806 N. W. 3 Street Boyaton Beat/e, FL 513, 513%,515,515~ & 519 N. W. 12 Avenue Boyn~on Beac~, FL Lily B. Banksten 106 N. E. 11 Avenue ~oynton Bead/, FL 118 N. E. 13 Avenue ~ynten Beach, FL Carrie B. Mc~roy 418 N. W. 13 Avenue 418 N. W. 13 Avenue Boynton Beach, FL Eloise Kearse 428 N. W. 13 Avenue ~oynton Beach, FL 428 N. W. 13 Avenue Boynton Bea=h, FL Frank Smith & Oph~ lia Jackson 335 N. E. 10 A~enue Boynton Beach., FL 1105 Railroad Avenue Boynton Beach, FL recemmending Resolution Lots 440-441 C~ER~f PB 4P 58 08 43 45 21 14 000 4400 Lots 6-7-8 Block 4 HAPPY HO~J~ HEI(ErZS PB II P 30 08 43 45 21 20 004 0060 Lots 479-481 PB 4 P 58 08 43 45 21 14 000 4790 Lots 475 & 476 CHE~J~f PB 4 P 58 08 43 45 21 14 000 4750 Lots i & 2 (less rr & sr r/~) & 3 & 4 Block 1 E. DOBEt~US ADDITION PB 1 P 123 08 43 45 21 27 001 0010 fBJEOT: FROM Hon. Emily Jackson, Mayor and Members of the City Council City Hall Boynton Beack~ Florida 33435 SitePlan Approval GENE MOORE Lawyer 640 EAST OCEAN AVENUE. SUITE 18 P. O. BOX 910 BOYNTON BEACH, FLORIDA 33435 Phone: (305) 734-2424 IDATE 6/27/78 Dear Mayor Jackson: GM:dm I recommend for the Council's consideration that the above matter be resolved in the following manner: Site plans for all future m~lti-family developments invol~ing more than 1 acre, and all commercial or industrial developments involving more than 2 acres, be reviewed by the Planning and Zoning Board and the Community Appearance Board for their recommendations and be finally approved by the City Council. That all other developments involving less than the above cirteria be handled administratively by the Technical Review Board and the City Building Department. I would recommend that this matter be discussed by the City Council at its meeting of July 5th and, if approved, I will prepare necessary omdinance for enactment by the Council. GENE MOORE SIGNED :edera] SAVINGS T_, iOAN ASSOCIATION OF c ;[AKE WORTH CHARTERED 1937 June 8, 1978 Mrs. Betty Zobel City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435 Dear Mrs. Zobel: Confirming our telephone conversation, enclosed are two copies of a new Municipal Depository Agreemem4 dated June 8, 1978, indicating total pledged securities for the City of ~Boynton Beach in the amount of $400, 000. After you have executed this new agreement, please return both copies along with all previous agreements. Upon execution by our Association, one copy will be returned to you for your records. If you have any questions, please let me know. JAC:RZ Encl. · cerel , ( .) Jo Ann Coane, Vice President & Senior Savings Officer PLEASE REPLY TO: R O. BOX 47] LAKE WORTH, PLORIDA 33{~ PHONE ~Eoard of County Commissioners Peggy B. Evett, Chairman Bill Bailey, Vice-Chairman Lake Lytel Dennis P. Koehler ~iJl Med~en Coun~ A~ministrator John C. S-=~sbury Department of Engineering ~d Public W~ks H. F. Kahle~ ~ Engi~er _ June 22, 1978 Mr. Frank Kohl City Manager City of Boymton Beach P. O. Box 310 Boyntom Beach, FL 33435 SUBJECT: Traffic Control Agreement - Intersection of Boynton West Road (804) and Congress Avenue (807) Dear Mr. Kohl: In response to your letter of June 16, 1978 requesting the Co~ty to assume the operation and maintenance of the traffic signal located at the subject intersection, enclosed please find aa original amd thre~ copies of a Traffic Control Agreement. Please have all four copies of the Agreement executed by the Officials of the City of Boynton Beach and return all copies to this office so we may present them to the Board of Coumty Commissioners. Upon approval by the Board, a fully executed copy will be returned to you for yonr files. Should you have any questioms concerning this matter, please do not hesitate to contact our office. Sincerely yonrs, OFFICE OF THE COUNTY ENGINEER Charles R. Walker, Jr., P.E. Director, Traffic Division CRW:mh Enclosures: Traffic Control Agreement BOX 2429 WEST PALM BEACH, FLORIDA 33402 (305) 664-2460