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Minutes 06-06-78
MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, ~LORIDA, HELD IN CITY HALL, TUESDAY~ JUNE 6, 1978 PRESENT Emily M. Jackson, Mayor Edward F. Harmening, Vice Mayor P/chard 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 that the City Manager would give the Invo- cation and the Pledge of Allegiance to the Fla~ would be led by the City Attorney. She requested everyone to please stand. ANNOUNCEMENTS NONE AGENDA APPROVAL Mr. DeMareo referred to an attorney being present representing Summit Association, Ltd. and their application listed under New Business and asked if this item could be moved to the first item under Legal because the attorney has another commitment. Mayor Jackson ascertained there were no objections. Mr. Roberts requested the addition under Administrative about Pour Laning 15th Avenue (Woolbright Road) from 18th Street to Congress Avenue. He added that he would like to bring this up because of information obtained at a recent meeting he attended. Mr. Harmening moved to appmove the agenda as amended, seconded by Mr. Caldwell. Motion carried 5-0. MINUTES Regular City Council Meeting - May 16, 1978 Mayor Jackson referred to Page 18 and the motion to hold the first City Couneil meeting in July on July 5 and suggested that for elari- fication for readin~ in the future that the addition be made: since Ju~ 4 is the date of our regular first Council meeting. Mm. Caldwell moved to accept the minutes as corrected, seconded by Mr. Roberts. Motion carried 5-0. Special City Council Meeting - May 30, 1978 Mr. Robemts moved to aceept the minutes of the Special Meeting of May 30, seconded by Mr. DeMarco. Motion carried 4-0 with Mayor Jackson abstaining. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1978 PUBLIC AUDIENCE Mayor Jackson asked if anyone in the audience wished to address the Council. Mr. Harold Werger, 719 N.W. 7th Court~ appeared before the Council and stated that he picked up the agenda this week and thought his eyes were ~oing bad because the type was so little. He hopes it -would not be too much of an imposition to get the other typewriter back and type it in big type. Mr. Kohl replied that this was done to conserve paper and this agenda would have been three pages .instead of two. MayorJackson added thatshe suggested trying this for a week or so to see how many objections there were. Mr. B. J~ Mil!igan, 209 S.W. 3rd Court, appeared before the Council and stated he couldn't help but notice the sign saying: 'TLoca! Self-Government is the Keystone of American Democracy". He then referred to the May 2 Council meeting and stated tha~ Mayor Jackson admitted guilt ~o misfeasance. This~ under Florida Statute 100.361, is grounds for recall. Mayor Jackson asked if he would like to state what this misfeasance was and Mr. Milligan replied that he was refer- ring to the Expos and how she ~moke her promise. Mr. Milligan continued with referring to a telephone conversation with Mr. Frederick and advised that he was given the figures of $6,000 per year which we take in and the cost of $18,000 per year to main- tain the beach. He also got some figures from the City Clerk's office and findsthis is completely, totally wrong. He called Mr. Frederick and tried to get an appointment to talk to him, but was told that Mr. Frederick was told by Mr. Kohl, the City Manager, that he could not talk to him. He then told about contacting Miss Mary Hinz for figures and was told she could not give him figures without the permission of Mr. Frank Kohl, City Manager. It seems according to Mr. Frederick, we are losing S12,000 per year on our beach; but according to figures from the City Clerk's offioe~ our net income was $14~ 298 for the year October t976 to September 1977. This is quite a difference. He finally did get a statement f-rom Miss Hinz that we are going in debt to the extent of ~115,440.20 in the last fiseal year in the General Fund. When a City employee~ who Works under Mr. Kohl, is not allowed to talk to him without Mr. KohlTs permission~ he questions the Sunshine Law. He questions democracy. He questions dictatorship. He questions that ~sign. He recommends the recall of Mayor Jackson and the firing of Mr. Frank Kb~hl. Mr. F~ank Bottema, 322 N.E. 1st Street, appeared before the Council and asked why the Fire Department calls a private ambulance to trans- port a sick person which costs the person g45 and Mr. Kohl informed him that the Fire Department is set up for emergency only and is not to transport anyone and explained how this was the policy of 99% of the cities in Florida. Mr. Bottema referred to the sick person pay- ing taxes and Mayor Jackson explained how the Fire Department was equipped to treat heart attacks on an emergency basis. Mr. Kohl explained that they were totmeat emergency situations and not trans- port everyone; the men are trained to decide which are emergency cases. -2- MINUTES - REGULAR CITY COUNCIL MBETING BOYNTON BEACH, FLORIDA JUNE 6, 1978 Mr. Bettema asked if the City pays for the ambulance and Mayor Jackson replied negatively and told about many of her friends having to pay for the private anfou!anee. Mr. Roberts announced that he would like to give some advice. In starting a reoali, he suggests that Mr. Milligan looks up the State Law and proceeds in that direction. In reference to talking to City employees~ he suggests that Mr. Milligan obtain from the library the book spelling out the ordinances pertaining to employees being bothered. As far as making a profit~ the City does not make a profit on any services. The City is non-profit. He then refulsed to hear rebuttal ~rom Mr. l~_lligan and suggested that he talk to Mr. Kohl tomorrow if he is available. H/DS One (1) Microfilm System and Reader/Printer with Odometer Mm. Kohl recommended that this bid be tabled to give the Tabulation Committee additional time to investigate this item. Mr. Harmening moved to table this bid, seconded by Mr. DeMareo. Motion oarried 5-0. Construction of Raw Water Main - Part C Mr. Kohl informed the Council that bids on the above were opened on May 26, 1978, at 5:00 P.M. in the office of the Purehasinq Agent~ Mr. William Sullivan. The Tabulation Committee recommends acceptance of the low bid f~om the Dawson Company, Inc., of Jupiter in the amount of $179,~70. A copy of the Tabulation Sheet and copy of the letter from Mr. ~oe Swan, R & A, regarding this bid have been sub- m/tted. Ail legal requirements have been met. May he have Council's wishes on this matter. Mr. DeMarco moved that Dawson Compa~, Ine. be granted the bid, the low bid of S179~770. Mr. Ca!dwetl seconded the motion. Under dis- cussion~ Mayor Jackson commented that there was a big difference between the bids of ~267~000 and S179~000. Mr. Kohl added that Mm. Dawson was interviewed by Russell & Axon and other people. They are a good company and have done quite a few jobs and a godd job for many people. Mr. DeMarco added that ~he other bids received were in the vicinity of ~264~000 opposed to ~179,000. Motion carried 5-0. Long Term Disability Insurance (Tabled) Mr. Harmening moved to take this from the table, seconded by Mr. DeMareo. Motion carried 5-0. Mr. Sol DeCan/o, 3211 Pernwood Drive~ appeared before the Council and advised that he is a representative of Mutual Benefit Life Insur- ance Company of Newark, New Jersey. He stated he would like to make a ~ew points to caution the City in the action they may take involv- ing bids for the benefit of the employees. On April 12~ he was the ore representative present when bids were submitted. Of the companies submitting bids~ only two seem to be meeting any criteria -5- MI~RITES - REGULAR CITY COUNCIL MEETIN0 BOYNTON BEACH, FLORIDA JUNE 6, 1978 as far as specifications are concerned. He presumes the Council would want to treat all employees fairly in this matter. He says this because of the definition of disability. He then explained how Crown Life segregated the employees into two classifications, Blue collar and white co!lam. He then stated that Mutual Benefit has a three year definition for disability compared to two years from Crown Life. He pointed out that the definition of disability to a majority of the employees significantly affects the rate struc- ture. He explained how it could be construed as a discriminatory practice by the Department of Labor. The employees are not being treated equally. There was a minimum of a $50 weekly payment and Crown Life gives g25. The bids from Crown Life and Canada Life were submitted from Cleveland, Ohio. The questionarises if the City is going to deal with local residents, how did the bid specifications get to Cleveland, Ohio? He saw the bids at opening and the man who submitted the bids for Crown Life is on retainer ~or the City wi~n Retirement Plans, Inc. Mr. Caldwell requested this statement to be clarified and Mr. DeCanio replied that Mr. Harley Gheen is closely associated with Retirement Plans, Inc. Mm. Kohl referred to a letter being submitted which should clarify everythingaand suggested that the letter be read before Mr. DeCanio eontinued with his accusations. Mayor Jackson agreed and Mr. Khhl read the attached letter from Mr. John Gabel, President of Retire- ment Plans~ Inc., dated May 15, 1978. Mr. DeCanio referred to this letter being dated May 15 and the bid openings being April 12 and stated that these facts were unknown to the other bidders. Mr. Kohl replied that these are letters the Council and City receives and they are open to anyone. Mr. DeCanio stated that if he knew this letter existed, he would not be before the Council tonight. He just wanted to make sure the definition of disability was changed. Mr. Ca!dwe!! explained how he was concerned withthe commission being paid to an agent of Crown Life. He suggested that an agent of recor~ be named since this could be considered in the area of reb&~Ug~ which is illegal. Mr. DeCanio suggested that the Council take the commission and ap~ly it to the premium as they will not get any ser- vice from Cleveland~ Ohio. Mr. Caldwell stated he thought an agent of record should be appointed and the commission be paid to the ser- vicing agent. Mr. Roberts replied that he differed v~th Mr. Caldwell's opinion because many transactions take place between the homeofffce and companies with no commissioninvolved and he does not think it would be a violation of the rebate law. It is just a question of having an alternative and being able to reduce the premium. Mr. Caldwe!l questioned who would be servicing this contract and Mr. Sullivan informed him thatthere was a representative for Crown Life in Hollywood, Florida, and the City would be dealing with him. Mr. Kohl stated that he would talk to the Insurance Commissioner tomorrow and find out where we are as far as agen~ of reeord and the commission going back i~. He will also Clarify about the rebate. -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1978 Mr, Harmening stated that if the eompany itself wishes to waive any portion of the premium~ whether it be the oommission or whatever, he does not see any rebate involved. Mr. Roberts agreed and further explained how this would not preclude any serviee. Mr. Coldwell moved to grant the bid for long term disabiRity insur- ance to Cro~n Life Insuranee Company~ Cleveland~ Ohio~ and instruct Mr. Kohl to find out about the rebating factor and include approval of the budget transfer requested. Mr. DeMarco seconded the motion. No discussion. Mrs. Padgett took a roll oall vote on the motion as follows: Couneilman DeMarco - Aye ~ice Mayas Harmening - Aye Mayor Jackson - Aye Couneilman Roberts = Aye Councilman Caldweli - Aye Motion earried 5-0. PUBLIC HEARING - 8:00 P. M. Abandonment Request: Description: Applicants: 20 ft. Alley East of Florida East Coast Railway Right-of-way f~om 200 ft. North of N.E. 8th Ave. to N.E. 10th Avenue Edward H. Bauer and Evelyn Raulerson, Bt al Mr. Kohl informed the Council that the Planning $ Zoning Board at their regular meeting of May 9~ 1978, unanimously reeommended that the abandonment request submitted by Rauterson et al~ to abaadon the above 20 ft. alley be approved sub[ect to dedication of a 20 ft. ingress and egress and utility easement and holding the City and the utility companies harmless for any damage that may occur in the construction of new facilities or the maintenance of exist- ing facilities. The motion to approve was made by Mr, Winter and seconded by Mr. Jameson. An excerpt from the Planning $ Zoning Board meeting minutes on this subjeet~ a print showing the location of the above 20 ft. al!ey~ and copies of letters from Southern Bell and Florida Power $ Light objeeting to this abandonment have been submitted. May he 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. Gilford Rau!~son appeared before the Council and advised that they wanted to develop this property and this abandonment would be a big help. Mayor Jackson asked if anyone wished to speak in opposition to this and received no response. She added that F!omida Power S Light Co. and Southern Bell had objected to tb~s abandonment. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1978 Mr. Caidwe!! moved to grant the abandonment of the 20 ft. alley east of the Florida East Coast Railway right-of-way from 200 ft. north of N.E. 6th Avenue to N.E. 10th Avenue based on the premise that it is not being used and he cannot see any reason Florida Power & Light Co. should object to something they have no use for in this point in time. Mr. Roberts seconded the motion. Under discussion, Mr. Roberts stated apparently the two utility companies are only concerned with having an easement and since this particular abandonment was recommended to be approved subject to a 20 ft. ingress and egress and utility easement and holding the City and the utility companies harmless for any damage that may occur in the construction of new facilities or the mainte- nance of existing [aci!ities, he does not see any problem as long as they aah get in and out. Mr. Kohl referred to the paragraph in the letter from Florida Power & Light Co.: "We are willing to work with the City and the Abandonment Partitioners in securing a 12 foot wide utility easement through this area if this would prove advantageous." and sta~ed that evidently both utility eompahies need something and possibly they should work with the petitioners. Mayor Jackson suggested tablin~ this to see if something could be worked out for access. Mr. Harmening clarified that this would be abandoning a 20 ft. right- of-way and accepting back a 20 ft. easement, which for all practical purposes is ~the same thing. The people cannot build on an easement. We have ingress and egress for utilities. The utility companies would have exactly the same amount of space to maintain their faci- lities as they do now. The only difference is the 20 ft. goes on the tax to]Ss of the property. Mr. Moore added that he thought this was conflicting - we are giving the applicant something and then taking it away. Ail it does is put the property on the tax rol!~ Mr. Harmening added that fmom the standpoint of setbacks, they receive property. Mr. Moore clarified that we don't have to give anybody anything and the people still have the right to utiliz~ethe area. If it is aban- doned~ ingress and egress for utility service must still be allowed. He questions if the applicants understand the result of this with the property going on the tax rolls. Mr. Harmening added that there was an advantage with gaining 20 ft. for construction purposes. Mr. DeMarco asked if it would be a help to the app!ieant to have the additional setback and Mrs. Evelyn Raulerson informed the Council that they wanted a parking area in the rear and access to get around the building, but did not want to build anything. Mr. Moore sug- gested paving the alley on an assessment basis. He explained how the owner would be responsible for the repair of any improvements damaged by the utility companies and Mrs. Rau!erson replied that this was fully explained to them by the Planning & Zoning Board. Mr. Moore stated that he questions this will accomplishwhat they want and the answer may be just to pave the alley, Mrs. Raulerson informed him that the alley is closed at Tropic Gas. Mr. Caldwell suggested that we help these people. Mr. Moore referred to relocating the utilities and Mrs. Raulerson replied that they have been coming in -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1978 and maintaining the utilities. Mr. Moore clarified that the companies want to continue and Mrs. Raulerson replied that it would not be any different. Mr. Harmening clarified that the easiest and simplest solution would be for her to go ahead and pave it behind her property and if anyone comes through to install, operate or maintain the exist- ing or new facilities, they can tear it up. Mr. Roberts asked if there was a sewer line in this alley and Mrs. Rau!erson repiied affirmatively and also telephone and electric lines. Mr. H&rmening referred to having a motion to abandon and stated that if the people want it, he has no objection; We are giving something with one hand and in effect taking it away with the other hand and putting it on the tax rolt and the taxes may go up. Mrs. Raulerson stated that Pederal Highway took away 17 feet. Mayor Jackson olarified that the motion was that 'the abandonment be granted and Mr. Caldwe!l added subject to the Planning L Zoning Board's recommendation in their minutes of May 9. Mr. Moore stated he did not think they had enough information to act on this. Mr. Roberts moved to put this on the table, seeonded by Mr. DeMa~co. Mayor Jackson clarified that it would be tabled to the next meeting for fu/rther information. Motion carried 5-0. NEW BUSINESS Consider Application for Annexation & Zoning Submitted by Summit Association, Ltd. Mr. Kohl referred to all the pertinent information regarding the above request being submitted together with a copy of the receipt indicating the payment of the $200.00 application fee. According to our annexa- tion resolution, this is presented to the Council for their considera- tion. If Council approves, the request will then be submitted to the Planning L Zoning Board for their review and recommendations. May he have Council's wishes please. Mr. Daniel Jones, 707 N. P!agler Drive, West Palm Beach, attorney representing Summit Associates, Ltd., the purchaser of Charter World, appeared before the Council. He advised that this apparently was a small parcel which was not ine!uded in the annexation in 1973. Mr. Roberts asked if this abutted the Village of Golf and Mr. Jones plied that it abuts the canal. Mr. Roberts asked if he was aware of the litigation which took place in 1973 and Mr. Jones replied affirmatively. Mr. Roberts refemmed to the request being for R-3 zoning and Mr. Johes replied that this was consistent with the pre- sent zoning. He referred to the City amending the zoninc ordinance in 1975 and rezoning some of this and stated there is a question as to a conflict between the zoning ordinance and final judgment. Mr. Roberts referred to being concerned in view of the litigation and asked if the people af0utting were aware of this request and Mr. Jones replied affirmatively and added that Summit has been in touch with them. Mr. Moore clarified that this was just preliminary approval and would go through~public hearings with notices to the people~ etc. yet. -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1978 Mr. DeMarco moved that the preliminary application be accepted and take its regular course, seconded by Mr. Roberts. No diseussion. Motionearried .5-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 78-~8 - Re: Amending Chapter 25B of the Codi- fied Ordinances Pertaining to Swimming Pool Regulations Mr. Moore read proposed Ordinance No. 78-18 by caption on second reading. Mayor Jackson asked if anyone wished to speak in favor of this ordi- nance and received no response. She asked if anyone wished to speak in opposition to this ordinanee and reeeived no response. Mr. Harm~ning moved the adoption on second reading of Ordinance No. 78-18, seconded by Mr. DeMarco. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Councilman Caldwell - Aye Councilman DeMareo - Aye Motion carried 5-0. Proposed Ordinance No. 78-19 - Re: Amendments to Provide for the Building Code to Conform with Uniform Minimum County-wide Standards Mr. Moore read proposed Ordinance No. 78-19 on second reading by caption. Mayor Jackson asked if anyone wished to speak in favor of this ordi- nance and received no response. She asked if anyone was in opposi- tion and received no response. Mm. Harmening moved the adoption of Ordinance No. 78-19 on second and final reading, seconded by Mr. Caldwell. No diseussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts - Aye Coundilman Caldwell - Aye Councilman DeMareo -Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Motion earmied 5-0. -8- MINUTES - REGULAR CITY COUNCIL MEETING oN]NE 6, 1978 BOYNTON BEACH, FLOPIDA Proposed Ordinance No. 78-20 - Re: Amendments to Provide for the Plumbing Code to Conform with Uniform Munimu3n County-wide Standards Mr. Moore read proposed Ordinance No. 78-20 by caption on second reading. Mayor Jackson asked if anyone wished to speak in favor of this ordi- nanee and received no response. She asked if anyone was in opposi- tion to this ordinance and received no response. Mr. Caldwell moved the adoption of Ordinance No. 78-20 on second and final reading~ seconded by Mr. DeMarco. No discussion. Mrs. Padgett took a 'ro~l call vote on the motion as follows: Councilman Caldwell - Aye Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Counei!man Roberts - Aye Motion carried 5-0. Proposed Ordinance No. 78-21 - Re: Amendments to Provide for the Mechanical Code to Conform with Uniform Minimum County-wide Standards Mr. Moore read proposed 0rdinanee No. 78-21 by caption on second reading. Mayor Jackson asked if anyone wished to speak in favor of this ordinance and received no response. She asked if anyone was in opposition to this ordinance and reeeived no response. Mr. Harmening moved the adoption of 0rdinanee No. 78-21 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 DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Councilman Caldwell - Aye Motion carried 5~0. Proposed Ordinanee No. 78-22 - Re: Amendments to Provide for the Electrical Code to Conform with Uniform Minimum County-wide Standards Mr. Moore read prop6sed Ordinance No. 78-22 by caption on second reading. -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP/DA JUNE 6, 1978 Mayor Jackson asked if anyone wished to speak in favor of this ordi- nance and received no response. She asked if anyone wished to speak in opposition to this ordinance and received no response. Mm. Harmening moved the adoption of Ordinance No. 78-22 on second and final reading~ seconded by Mr. Caldwelt. No discussion. Mrs. Padgett took a roll ea!l vote on tko motion as follows: Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Councilman Caldwell - Aye Councilman DeMareo - Aye Motion carried 5-0. Ordinances - 1st Reading P~oposed Ordinance No. 78-23 - Re: Amending Section 4FQ4), Appendix A - Zoning Regulations Relative Ar~enna Heights (Tabled) Mr. Roberts moved to take this f~om the table, seeonded by Mr. Harmening. Motion oarried 5-0. Mr. Moore read proposed Ordinance No. 78-~ by caption on first reading. Mr. Ea!dwell moved the adoption of Omdinanee No. 78-23 on first reading, seconded by Mm. Harmening. Under discussion, Mr. Caldwell commended the Planning & Zoning Board for all the work they put into this ordinance. Yms. Padgett then took a roll call vote on the motion as follows: Coumc~an Roberts Aye Councilman Caldwell Aye Councilman DeMarco Aye Vice Mayor Harmening - Aye Mayor Jackson Aye Motion carried 5-0. Proposed Ordinance No. 78-24 - Re: Amending Section 4L, Appendix A - Zoning Regulations Relative Requirements of Buffer Walls Separating Commercial and/or Industrial DistmictsWh~chAbut Residential Dis- tricts (Tabled) Mr. Moore read proposed Ordinance No. 78-24 by caption on ~irst reading. Mm. DeMareo moved the adoption of Ordinanee No. ing, seconded by M~. Caldwel!. No discussion. roll call vote on the motion as follows: 78-24 on first read- Mrs. Padgett took a -10- MIRIiTES- REGULAR CITY COUNCIL MEETING BOYN~N BEACH, FLOIAIDA JUNE 6, 1978 Councilman Caldwell - Aye Councilman DeMarco Aye Vice Mayor Harmening - Aye Mayor Jackson Aye Councilman Roberts Aye Motion carried 5-0. Proposed Ordinance No, 78-25 - Re: Rezoning of Jarvis Property Mr. Moore referred to this ordinance pertaining to the Jarvis rezoning passed several meetings ago in accordance with the Planning $ Zoning BoardTs recommendation and Council action and then read p~oposed Ordi- nance No. 78-25 by caption on first reading. Mr. DeMarco moved the adoption of Ordinance No. lng, seconded by Mr. Harmening. No discussion. roll call vote on the motion as follows: Councilman DeMarco Aye Vice Mayor Harmenin? - Aye Mayor Jackson Aye Councilman Roberts - Aye Councilman Caldwel! Aye 78-25 on first mead- Mrs. Padgett~took a Motion carried 5-0. Mayor Jackson announced if anybody wanted to speak on the~ree ordi- nances just passed, there will be a public hearing on these at the next meading. Resolutions Proposed Resolution No. 78-BB - Re: Demolition of Strueture and Clearing of Land on N.E. 10th Avenue in Conjunction with the Community Development Project Mr. Moore informed the Council that this was the standard resolution for a condemnation pertaining to property located at 132~ N.E. 10th Avenue owned by Darrell Adams, Trustee, and incorporates a public heaming. Mr. Ca!dwell moved the adoption of Resolution No. 78-BB, seconded by Mr. DeMarco. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Jackson Aye Councilman Roberts Aye Councilman Coldwell Aye Couneilman DeMarco Aye Motion carried 5-0. -11- MINUTES - REGULAR CITY COUNCIL MEETING JUNE 6, 1978 BOYNTON BEACH, FLORIDA Other Consider Proposed Agreement Between the Palm Beaeh County Library Szstem and City Mr. Kohl read a memo f~om Mrs. VirgiD/a Parace, Library Director~ advising that the Library Board at its May meeting discussed the County Library System Contract and they recommended at that time that Boynton Beach remain in the County Library System under the same contract for one more year, whi~ the problems are being worked ouT. He recommends that we go along with this and proceed. Mayor Jackson asked if there were any changes in the agreement and Mr. Kohl replied that there were eot at this time and we just have to give a report and hopefully we will receive t~ same amount of money as previously or more. Mr. DeMareo moved to accept the proposed agreement ~rith the Library System between the City and County, seconded by Mr. ~armening. No discussion. Motion carried 5-0. OLD BUSINESS Consider Recommendation from Planning & Zoning Board - Re: Site Plan Review Mr. Kohl referred to a recommendation having been submitted and Mr. Simon Ryder, Chairmanof the Planning L Zoning Board, appeared before the Council and advised that at the last meeting of the Board~ they recommended that he make the presentation to the Council. He then read the following: :~Review of site plans is a preliminary step in the procedure leading to the granting of building permits for new developments. In addition to a thorough check of final plans by the Building Department as to compliance with codes~ the site plans are reviewed by members of the Technical Review Board~ composed of various staff technical and engineering department heads. The plans are reviewed also, at meetings of the Planning $ Zoning Board and the Community Appearance Board. The recommendations and stipulations arising from these reviews are then submitted to the City Council for ~inal action. In reply to a recent request from the Administrative Brane~ to eliminate Planning & Zoning and Council review of site plans to pre- sumably minimize delays~ the Council di~reeted the Planning L Zoning Board to meet with the Technical Review Board with the objective of stream-lining the present procedure. The P & Z Board has held numerous sessions on this matter, as welt as having two meetings with representatives of the Technical Review Board. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP~IDA JUNE 6, 1978 The Building Official has taken the position that the existing codes and review by the Technical Review Board requires no fllrther input~ either by the Planning $ Zoning Board or by Council. Apparently, most of the other Technical Review Board members do not agree with tkis position. The P & Z Board position remains that the present procedure is in the public interest. The issue involved here is - whether to continue a procedure which entails legislative action whereby applications for commercial, indus- trial and substantial residential constmuotion become subj eot to public meetings leading to final eonsideration by 'the Counei! - OR to revise this poRimy to essentially an administrative one, whereby the Building Official has primary jurisdiction and eognizanee as to the basis upon whioh building permits for such improvements are to be granted. The contentions that u~easonable delays are presently encountered and that builders are wary of advancing new developments are contrary to the fact thatppermits are being issued at an unpreeedented rate. Review ~ the P & Z Board is extremely beneficial in keeping its members abreast of the City's growth and development. If also intro- duces an additional public airinc so that all stipulations and condi- tions are brought out in the open. The procedure is similar to the frequent public meetings required under the Subdivision Regulations. In fact, it was found necessary only recently, to refer to the numerous meetings held by both the P $ Z Board and the Counoil, in reply to unwaz~anted criticism that the public had not been apprised of the conditions under which the Sandhill projectwas being considered. Since the proposed procedure actually prevailed in the past and was deplored as being open to abuse, it seems highly inadvisable to return to such a situation. At its meeting on May 23rd, the P $ Z Board, by a vote of 6-0, moved that the chairman make this presentation before the Council recommending ~urther, that the current procedures for site plan review be approved~ confirmed and continued. It was recommended also, that with Council's approval, the Board explore the feasY~ility of waiving the present procedure, other than the T.R.B. review, for applications involving alterations and/or extensions to existing buildings.'T Mr. Allan Haynes, representing the Associated General Contractors, appeared before the Council and stated that he disagreed with the report presented by the Planning & Zoning Board. He disagrees not with what the Planning S Zoning Board or Technical Review Board does bec~ase he feels it is a necessary ~unction, but disagrees with the method they go about administering the work they do, He firmly -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1978 believes this can be handled by the technical heads in the City govern- ment and the Building Department without having to wait for a Board to eonvene to consider a plan. He feels the same thing can be aooomplished without delays. Ordinanbes are set up and he believes one person can administer them, either the Building Official or the Director of '~lan- ning and Zoning. It ean be handled at the administrative level. Perhaps the Planning g Zoning Board, Technical Review Board or City Council believe they ean turn down a particular applieation for some reason which might not be in conformance with oode, but he thinks the Council would be opening itself to grave liabilitM by denying somethin~ allowed under the .existing codes. An administrative decision is all that is necessary to decide whether the plan complies or not. He is not sure it requires action by the Board with referral to the Couneil. As far as keeping the Planning & Zoning Board abreas~ of developments and new eonstmuction~ there are various ways it can be handled by checking tbmough the permits issued on a weekly or daily 'basis. He is not re- questing that the requirements be ehanged, but ~a bette~ and quicker way be found to handle applieations without the additional two to three steps. He has indicated previously that their association would be happy to participate with the staff and aid in streamliniag thee pmesent system. They have made contributions of tb/s nature in many other eities. Mr. Catdwell moved to accept the statement of reeord by the Chairman of the Planning L Zoning Board, Mr. Simon Ryder, and leave in status quo the procedure for the approval of site plans with the exception of applieations involving alternations and/or extensions to existing build- ings. Mayor Jaokson ascertained that the motion died for lack of a second. Mr. Roberts referred to this motion not being broad enough and stated that he goes along with the last paragraph in the recommendation to waive the present procedure. He thinks a little bit oan be added with- out sacrificing any safety of proper eonstmuotion. He thinks somethin~ should be worked out to give the Building Department and builders more latitude without jeopardizing safety. He explained further how he did not think the full pmoeedure was aecessary for small construction items. Also, he suggests that the Chairman of the Planning & Zoning Board be allowed to sit with the Technical Review Board so he knows what ms going on. Mr. DeMareo suggested that the Planning L Zoning Board meet ~ith Mr. Haynes to get his input and come up~vwith an amieahle solution suitable to everybody. Mr. Harmening referred to the possibility of submitting plans in conform- anee with all zoning regulations and stated he did not see the point of having to wait until the Planning g Zoning Board met. He explained how most people building an apartment house designed it intelligently or secured the services of an architect or engineer. He clarified that he was not referring to rezoning, conditional, marginal or gray areas. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA ~dNE 6, 1978 Mayor Jackson agreed with these comments and added that department heads have been appointed to take these duties on. She referred to an example being the plans for the aeeessory building ineluded on tonight's agenda and explained how this was a waste of time and effort. She thinks it should be left up to the Building Department. Mr. Caldwell clarified that theywere in agreementwith his motion with the addition of utility sheds and anything eomplying with zoning regulations and Mayor Jackson clarified anything complying with the zoning regulations and spelled out in the code. She added that she is sure the Building Department knows the'eode~and will enforce the laws. However, for the Counei! or Planning & Zoning Board to review the plans is just a waste of time. Definitely rezonings or new developments should come before us, but she does not think n~st of these things belong before us. Mr. Caldwell suggested that the appropriate action would be to do as we have in the past when we have a specific problem, to direct the Planning & Zoning Board with these minutes toceome back withaa recommendation for streamliLrk~ng based on our eomments. Mr. DeMareo added that they should also work with Mr. Haynes to get an amicable solution. Mr. Harmening replied that he did not think this was the proper answer. He has read the minutes of the Planning $ Zoning Board .~e~tirqs~has talked to members of the Board, and they have done an exeellent~ hard working job and have spent many hours to benefit developers and the publie. He doesn't want them to think he is trying to take anything away from them. They certainly should have all aeeess to the records in the Building Dept. and if they find any violations where the Building Dept. fails to notice some- thing~ he requests that they contact him and if it happens frequently or if it is very serious or is anything derogatory to the best inter- est of the publie~ he would like it brought to his attention ~nd will take whatever steps necessary to correct the situation quickly. Mayor Jackson further commended the Planning $ Zoning Board and then stated that she thinks we have loaded them down withsomething they should not have. There are other things in the way of planning and zoning which are more important. Mr. Caldwell questioned what they were recommending to be done - anything, nothing or what? As it stands now, the system is going to continue. He would like to call to their attention that certain affairs happened prior to Mr. Howell's administration which resulted i~ the City getting into hot water. Mayor Jaekson replied that she did not think this was something which would have been solved by the Planning & Zoning Board. Mr. Caldwetl continued that when you eentra!ize something in too few hands, you have temptation. Mr. Howell will not be here forever. We must give the Planning $ Zoning Board some direction. Either the Board should l~or~et it or come back with concrete recommendations with what plans they will review. He then so moved, seconded by Mr. Roberts. Under discussion, Mr. Roberts agreed to go along with this as long as the Planning $ Zoning Board will take on this job. After considering the ideas and perhaps expanding the study toiinelude possibly single or small units or some larger things, it may be workable. He added that problems in the past have been with large developments. Mr. -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JUNE 6, 1978 Harmening disagreed and stated there have been some problems with duplexes. Mm. DeMarco suggested that the City Attorney prepare an ordinance and Mr. Coldwell suggested that the Ptann/ng & Zoning Board ma_~e a recommendation. ~tr. Moore stated that he tb/nks they have conf!ieting mecommendations. He clarified that the Planning & Zoning Board h~s made a firm recommendation and the administmation has made a recommendation to the eontmary. He thinks possibly at this point some other party mather than the Planning & Zoning Board should he consulted. He asked if Mr. Ryder thought it 'would serve a useful purpose to come back to the Board and Mr. Ryder replied that he saw no benefit to that. Mr. k~yder referred to Mayor Jackson mentioning that-she could not see how the Planning g Zoning Board could be of any help ~nd ex- plained how the developems were given hearings to discuss the quirements imposed before the public. Also, the Board feels it is extremely beneficial to know what is going on. He wishes the Council would take this into consideration. He has heard the praises given TO the Board and they have spent time on the RV Ordinance~ antenna heights~ etc., but if they are going to treat this arbitrarily and capriciously~ they will have to look for a new Board. Mayor Jackson suggested that the City Attorney consider this and Mm. Moore replied that he would be glad to draw up an ordinance with the sentiments stated by the City Council, Planning g Zoning Board and administra- tion and review the recommendation on the reasons stated. Mm. Coldwell then withdmew his motion and Mr. Roberts withdrew his second. Mm. RDberts offered a substitute motion to direct the City Attorney to heed the words of the Counoil, go through the minutes, and come forth with a recommendation in the form of an ordinance. Mr. DeMareo seconded the motion. Under discussion, Mm. Harmening suggested considering getting by with a dollar amount per plan. M~. Moore stated that he would get on this and furnish his recom- mendafffon to the staff, Planning & Zoning Board and Building Department for their review. Motion carried 5-0. Consider Resignation of Member from Community Appearance Board (Tabled) Mr. DeMarco moved to removed this from the table, Harmening. Motion carried 5-0. seconded by Mr. Mr. Kohl read a letter receiv6d¢~ f~om Mr. Harold Werger submitting his resignation as an alternate from the Community Appearance Board of the City of Boynton Beach due to prior commitments. Mr. Caldweil moved to accept tine resignation from Mr. Harold Werger as alternate f~om the Community Appearance Board to be effective immediately and a letter of appreciation to be sent to him by the City Manager, seconded by Mr. DeMarco. Motion carried 5-0. -16- MINUTES - REGHLAR CiTY COUNCIL MEETING JUNE 6, 1978 BOYNTON BEACH~ FLORIDA Consider Replacement of Above (Tabled) Mr. DeMarco moved to take this ~rom the table, seconded by Mm. Hammening. Motion carried 5-0. Mayor Jackson told about contacting Mrs. Nordstorm, a former member of the Commumity Appearance Board, and being recommended to contact Rev. Richard B. Bass as a possible replacement to this Board. She referred to Rev. Bass submitt~dgaa letter, a copy of which was sub- mitred. Mr. Roberts moved to appoint Rev. Richard B. Bass to the Community Appearance Board, seconded by Mr. Harmening. Under discussion, Mayor Jackson co~ented that ~ man with this experience was needed on this Board. 'Motion carried 5-0. Discuss Water L Sewer Bond Issue Kohl read the following excerpt f-rom his memorandum dated March 1978, addressed to the Mayor and City Council Members: ~tThe proposed bi-annual bond issue draftees prepared by our C~nsulting Engineers, Mr. Joe C. Swan & Mr. Milton Hallman of Rmsael! and Axon; and our Utilities Director, Mr. Perry Ao Cessna. This proposed draft is a revision of the bond issue which was pre- pared two years ago. If you will note under Item 47 we have g400,000 for water trans- mission lines in the p~oposed May 1978 issue. This is just slightly over the costs of extending the 16~: water main f~om 23rd Avenue and 1-95 o~erpass across the Jarvis property and out 15th Avenue to Congress Avenue. In the November issue, we are proposing to spend approximately 1.5 million dollars on the water distribution system and elevated storage tank, and install two more wells. I am quite sure the ~irst two bond issues listed could be solely without an increase in the existing water ~ates. We will continue to study to make sure ~nere we stand at all times so that -we may determine whether or not an mnerease in rates may be necessary.~ Mr. Kohl then referred to submitting a copy of this memorandum as well as a copy of the proposed bond issue draft dated January 25, 1978~ both of which are self-explanatory. This matter was brought up and discussed at the Regular City Counei! Meeting of March 7, 1978. At that time, the Council directed him to contact local hanks so that we might obtain a comparison of rates between the banks and our fiscal agent. He has ~ound that the banks' rates are high and completely out of line and therefore, respectfully requests their pemmission to proceed with our fiscal agent, William R. Hough and Company. He added that he also invit~eld Mr. Middlemas to come tonight and both representatives are present. -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1978 Mr. Alfred C. Shepard, William R. Hough & Co., appeared before the Council and referred to th~s proposed bond issue being an outgrowth of the planning done over the_past 4 to five years and stated the last issue was the 1975B issue. He then toid about his firm giving constructive assistance to the City staff since that time. He re- ferred to the planning proceeding as scheduled and stated that his understanding what the Council wants tonight is s proposal and plan to market 2.2 million dollar bcad issue. He distributed a booklet covering their proposal to each Council member and told about it covering the background history of the company, qualifications, etc. The document and brochure sets forth a proposed agreement with terms to proceed with the bond issue and marketing process and points towards a sales contract in 60 to 90 days. He explained the financ- ing and pointed out that the financing assumes an interest cost of 6~%. He added that the present rate structure and present earnings would accommodate this type of borrowing. He then referred to the pressure on the marketrecent!y and stated that it was important to continue the A rating. He further explained how the document set forth the estimated construction costs from the engineers. He then referred tolit being a pleasure to serve the City during the past 20 years and stated that he hoped to continue. Mayor Jackson suggested that these doeuments be accepted, Mr. Middlemas be given an opportunity to address the Council, and then a special meeting be set to discuss this further. Mr. Roberts asked if there was any discussion about separating the water system from the sewer system recently in the financing develop- ment and Mr. Startzman referred to this dealing with E.P.A. Mr. Roberts clarified by asking if we are to continue to finance as we have in the past for both sewer and water and Mr. Startzman rep!ied that there just had to be separate accounting. Mayor Jackson e!ari- ~ied that the accounting ~ould be separately, but the bonds could be together. Mr. Robert Middlemas, Kirchner Moore & Company, appeared before the Council and stated it was originally his understandin~ this evening that the City wished to receive bids on approximately 2.2 million dollar water and sewer revenue bonds. He received this request yes- terday afternoon and to arrange a 2.2 million dollar loan and commit to an interest rate takes more than 24 hours. He is not in a position this evening to submit a bid for these bonds. He referred to the City growing over the next few years and stated that steps should be taken ~or con~etitive bidding, ~artieular!y on water and sewer bonds. He recon~ends that the City consider retaining on a ~ee basis a financial consultant to advise on seLting up the bid situation and said financial consultant be prohibited from negotiating said bonds. He recommends this in the interest of the City. He explained how this would be~ne and requested that his firm be considered as the financial consultant. He then submitted a letter verifying his statements. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1978 Mayor Jackson questioned whether it was wise to consider this and Mr. Moore replied that there are various ways of going and explained how it was a matter of legislative ~udgment. Mayor Jaekson suggested setting a date for a special meeting to diseuss this further and after diseussion, it was agreed to meet on Thursday, June 15, at 7:00 P.M. for this purpose only. ADMINISTRATIVE Consider Replacement of Inadequate Water Lines Mr. Kohl referred to having a great number of 2 inch water lines in existence throughout'~tke~ity and stated that as they are aware, these lineshave become outdated, are too small and inadequately serving our residents. He respectfully requests permission to begin replacing these 2 inch lines as they are loeated. The two he would like to begin with are located as follows: 1. Alley east of U. S. ~1, between N. E. 8th and N.E. 9th St. 2. Vieimity of S. E. 21st Ave., east of the F.E.C. Railroad Mr. Kohl requested permission to proceed and added that we do have money to mover the approximate most in the Utility General Fund. Mr. DeMareo moved to grant permission to proceed with these water lines, seconded by Mr. Caldwell. No discus&ion. Motion carried 5-0. Consider Approval of Sandhill Preliminary Plat, Unit No. 1 Submitted by Riteco Development Corporation Mr. Kohl informed the Council that the Planning & Zoning Board at their regular meeting of May 23, 1978, unanimously recommended that the preliminary plat for Sandhi!l Unit =1 to Plat 95 single family lots, acreage for 255 multi-family units and 25' bikeway~landseape easement submitted by Riteco Development located at the southwest eorner of N. W. 22nd Avenue and High Ridge Road be approved subject to submission of detailed utility plans. The motion to approve was made by Mr. Winter and seconded by Mr. Arena. An excerpt from the Planning & Zoning Board minutes as well as a print showing the loca- tion of the proposed development have been submitted. May he have Counei!~s wishes on this matter. Mr. DeMarco moved to accept the recommendation of the Planning Zonilnq Board subject to staff regulations~ seconded by Mr. Caldwelt. NO discussion. Motion carried 5-0. Consider Site Development 'Plans: Caeser Maut~ for Frank A. Tabano to Construct an Accessory Storage Building at Tropical Acres Restaurant at 2320 South Federal Highway Mr. Kohl informed the Council that the Planning g Zoning Board at their regular meeting of May 25, 1978, unanimously recommended approval of the site development plans submitt'ed by Caeser Mauti -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JUNE 6, 1978 for Frank Tabano to construct a 600 sq. ft. accessory storage building located to the rear of the Tropical Acres Restaurant. The motion to approve was made by Mr. Trauger and seconded by Mr. Winter. An ex- cerpt from the Planning L Zoning Board mir~tes on this subject and a print showing the !oeation for the above building have been submitted. May he have Council's wishes on this matter. Mr. Roberts moved to accept the site development plan for construction of an accessory storage building at Tmopioa! Acres Restaurant, seconded by Mr. DeMarco. No discussion. Motion carried 5-0. Richard C. Ahmens ~or Nat Gould to Constmuot an Offiee/Warehouse Distribution Center for Gould Plastic Bins, Inc. on High Ridge Road, South of N. W. 22nd Avenue Mr. Kohl informed the Council that the Planning $ Zoning Board at their regu!armeeting of May 23, 1978~ unanimously recommended the site development plans subndtted by Richard Ahrens for Nat Gould to construct a 7,000 sq. ft. Office/Warehouse distribution center for Gould Plastic Bins, Inc., High Ridge Road north of and adjacent to Curt Joe, Inc., be approved subject to providing sidewalks and con- struction of parking lot to 6~' crushed mock, t" asphaltic concrete minimum. The motion to approve was made by Mr. Trauger and seconded by M~. Lambert. An excerpt f-rom the Planning L Zoning Board minutes on this subject and a print showi~ng the location for the above build- ing have been submitted. May he have Council's wishes on this matter. Mr. Caldwel! moved to grant approval of the site development plans for Nat Gould to construct an Office/Warehouse Distribution Center for Gould Ptastio Bins, Inc., on High Ridge Road, subject to the foregoing Planning & Zoning Board recommendations and recommendations by the Technieal Review Board~ seconded by Mr. Roberts. No discussion. Motion carried 5-0. Mike Newman for Bulldog Fence Company to Construot an Offiee/ Garage and Covered Storage Complex on West Ocean Avenue between Seaboard Coastline Railroad $ 1-95 Mr. Kohl informed the Council the Planning & Zoning Board at their regular meeting of May 23, 1978, reoommended approval of site degelop- ment plans submitted by Mike Newman for Bulldog Fence Company to con- struct a 1,000 sq. ft. offioe/garage and oovered storage area located on the north side of West Ocean Avenue between the Seaboard Coastline Railroad and 1-95, subject to construotion of a sidewalk and provision for the handicapped. The motion to approve was made by Mr. Winter and seconded by Mr. Jameson. The vote was 4-2 with Mr. Arena and Mr. Lambert dissenting owing to the sidewalk requirement. An excerpt from the Planning & Zoning Board minutes and a print showing the above site location have been submitted. May he have Council's wishes on this matter. -20- MINOTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA 0LINE 6, 1978 Mm. Caldwell referred to the map submitted and the minutes of the Planning L Zoning Board meeting of May 23 and stated that he eoneurs with the two dissenting votes as far as eonstmuction of a sidewalk that goes no place. He eannot-see that-sidewalk serving any useful purpose now or in the future. Mayor Jaekson stated that the sidewalk is required by ordinance and M~. ~ar~nening added that the Technical Review Boned can waive requirements. Mr. Caldwell continued that the final determination is left up to the Ceunei!. He can 'see side- walks hooking up to others~ but in looking at this map, there are the railroad tracks and 1-95 and the sidewalk will go now~ere. Mr. Caldwell moved to aecept the recommendations of the Planning & Zoning Board and approve the site development plans for Bulldog Pence Con~any excluding the sidewalk requirement because of laek of need in this particular location. Mm. Roberts seconded the motion. Under diseussior~ Mr. Poberts referred to there being a question here of the code and stated that one Board did not ask to waive that require- ment. He asked if there were any complaints from the applicants. Mr. Bill~artman, !003 S. W. 2~th Avenu, e, owner of Bulldog Fence Co., appeared before the Council and stated that he does have a complaint, which ke did not consider a complaint. When the site plan was sub- mitred, it did not show a sidewalk and he did not know about the side- walk requimement until he appeared before the Planning & Zoning Board at their meeting. Mayor Jackson asked if he objected to it and Mr. Hat,man replied affirmatively and stated that there is no function for a sid4walk. He referred to 1-95 being on one side, a large build- ing being across the st-meet, and the railroad tracks, and there is no place a sidewalk eomld be ~unetional. He was floored to have to put one in. He would have no objection if it were near a residential zone. If yo~walk on this sidewalk, you would walk into the railroad tmaeks or t~95. Mm. Caldwelt asked if it would go under 1-95 and Mr. Hartman replied negatively.~ Mr. Caldwell stated that because of extenuating circumstanees, he feels the Council must use realism. Why impose a hardship where a sidewalk is nee going to go anywhere? He thinks this is an extreme ease where compliance with the sidewalk ordinanee could be waived. Mr. Harmening referred to two of the most pertinent members of the Teehnieal Review Board being present and requested an explanation from them regarding the sidewalk requirement. Mr. Howell stated that the Building Department put this requirement on the plan as it %s required byordinanee. Also, ineluded in the ordinance is t?~t the Technical Review Board can waive a requirement. However, in his opinion~ the reason this was not waived is because the sidewalk on Ocean Avenue comes up to the railroad and if this business ehanges~ people may walk over the railroad along Ocean Ave. Mr. Caldwelt referred to it bein? M-1 zonin~ and. asked if he knew oi ~ny heavi!yused sidewalks in M-1 zoning and Mr. Howell replied that he did not right off hand, but it doesn't mean you should not have any. He adde~ that it is an old area and there is the possibi- lity it eould be torn down and rebuilt. -21- MINUTES - REGULAR CItY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JUNE 6, 1978 Mr. Carmen Annunziato stated that he has a different viewpoint. It is clear when looking at the area, the sidewalk would not go anywhere and would not service anybody; however~ the entire strip of land is undeve- loped and e?k%nces axe t~%t it could be developed. When do you start the sidewalk ~systems - halfway through or at the beginning? Maybe it is not fair to this i~dividual to have a sidewalk on this property between the railroad and 1-95 at this time, but possih!y it may be needed ten years f~om now. Mr. Caldwell replied that in all due respect to Mr. Howell and Mr. Anrmunziato, he thinks t~e sidewalk ordinance is wonderful; however, some sidewalks go absolutely nowhere. He thinks the intent of the ordinance was excellent, but he is nor pleased with it Decease of the lack of flexibility in a situation such as this. He likes to be farsigk~ed~ but hates to he ~inflexible to expose expenditures of money needlessly in lan area such as this. As f~ as this one strip of sidewalk, h~ cannot cee it going anywhere now or in the rupture. He made the motion that because o~ extenuating circumstances that the sidewalk 'ordinance ~ waived in this case. Mr. Harmening stated t_hat he thinks the Building Official and City Planner gave a clear concise explanation of why the sidewalk was required and not-waived by the Technical Review Board. He is in agreement -with their thoughts. We have a sidewalk ordinance and tkei~ thinking tracks cur thinkin~ when we passed the sidewalk ordi- nance and he will not waive the ordinance. Mr. Roberts asked if we were in the position to waive this particular ordinance or any other and Mr. Moore replied affirmatively. Mr. Harmening stated that he thinks it would be more in accordance to request the Techni- Cal Review Board to waive it, but he does not intend to. As requested, Mrs. Padgett then took a roll call vote on'the motion as follows: Councilman Roberts - No Councilman Caldwell - Ayee Councilman DeMarco - Aye Vice Mayor Harmening - No Mayor Jackson No Motion failed 3-2. Mr. Ha~mening moved to accept the site plans for Bulldog Fence Co. to construct ~n Office/Garage and Covered Storage Complex on West Ocean Aver3~e between the Seaboard Coastline Railroad and 1-95~ with all recommendations, s~r. Ca!dwell requested that it be amended to include reconsideration on the part of the Technical Review Board and Mr. Harmening replied negatively. Mr. DeMarco then seconded the motion. No discussion. As reqmested, Mrs. Padqett took a roll call vote on the motion as follows: -22- MINIITES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OI1NE 6, 1978 Councilman Caldwei1 - Aye Councilman DeMareo - Aye Vice Mayor Harmening -Aye Mayor Jackson - Aye Councilman Roberts - Aye Monion carried 5-0. Consider Request to Waive Bidding on P~rchase for Water Treatment Plant Mr. Ko~ stated that the American Cyau~mid Company is t2ee manufacturer of a product malted 985~N Magnifico-wbiehwill be used when ~he new wa~er plant goes into operation on the type of tmeatment as directed by Council after lime coagulation testing is completed. Inasmuch as this is the only eoagu!ant that will do the job, he respec~ly re- quests Council's approval to waive the bidding procedures in the pumchaae of tb~ s material. We would order in quantity to get a savings on f-~eights. May he have Council's wishes on this matter. Mr. DeMareo moved to waive bidding to purchase 985-N Magnifloc from American Cyanamid Company~ seconded by Mr. Caidwelt. No discussion. Motion carried 4-t with Mm. Harmening dissenting. Consider Recommendation of Cemetery Board - Re: Mausoleum Mr. Kohl read the attached letter dated May ~0, 1978, from the Cemetey~y Board. Mm. Caldwell asked if Mr. Moore had meviewed this proposal and Mm. Moore replied that he had not in depth. Mr. Ca!dwe!l moved to table this so the City Attorney can review the p~oposed contract in depth~ seconded by Mr. Roberts. Motion carried 5-0. Consider Recommendation from Russell g Axon - Re: Water Treatment Plant Expansion, Phase IA and I! Mr. Kohl read the attached letter from Russell & Axon dated June 1978, and added that ot~er letters from Intercounty Construntion Corp. and Russell g Axon were on file. Mm. Caldwelt moved to reluetantly accept the request of Intemeounty ~or a time extension made through Russell & Axon for a period of 90 days, seconded by Mr. DeMareo. No discussion. Motion carried 5-0. Request for Transfer of Cemetery Lots lA and lB, Bleak N, from Russell E. & Alice C. Miller to William A. Sargent Mr. Kohl read the letter dated June Miller requesting this transfer. 19787 from Mm. g Mrs. Russell -23- MINUTES - REGULAR CITY COUNCIL MEETING JUNE 6, 1978 BOYNTON BEACH, FLOKIDA Mr. Roberts moved to grant this request, seconded by Mr. Caldwello No discussion. Motion carried 5-0. Consider Applications for Alcoholic Beverage Licenses: Grant & Juahita Turner dba The Zodiac - ll9 N. E. 10th Avenue Mr. Kohl read this application and Mr. Roberts noted t?~t it was not checked whether it complies with the zonin~ ordinance. Mr. Kohl in- for~edhim that it does comply and he will get it checked and signed by the proper authority. Mr. Caldw~ll moved to approve this subject to final approval and compliance with zoning re~alations~ seconded by Mr. DeMareo. No discussion. Motion carried 5-0. Frank DiMamia dba Pizza King- 141 North Congress Avenue Mr. Koh!read the application and it was noted that this application was also not completed. Mr. Howell advised that these applications es/ne out of his department and a new girl is handling them. They do comply and everything has been checked. Mr. DeMarco moved to accept, seconded by Mr. Caldwe!!. No discussion. Motion carried 5-0. Consider Approval of Budget TransFer Request: Utilities Fund - Contingencies to Professional Services Mr. Kohl requested approval of this budget transfer request to provide additional Funds for travel expenses and services, SC~TD Board. Mr. DeMarco moved to gmant, seconded by Mr. Catdwell. No discussion. Motion carried 5-0. Approval of Bills Mr. Kohl read the Following bills ~or approval: Kelly Tractor Co. $ Remainder due on repairs to 977K Dozer Charge to prior year expense 00!-000-271-02-00 1~699.11 2. Rubin Construction Co. 1,381.23 Asphalt For S. W. 6th Court Pay from Federal Revenue Sharing 320-401-540-04-31 Long~-~ew Lime 1,979.00 Pelleted lime for Sewer Treatment Plant Pay !from budgeted funds 401-533-550-03-65 MIR~/TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Palm Beach Newspapers, Ine. Legal ads ~nd ads for personnel Pay f~om budgeted f~nds 001-141-510-32-75 ~ 97.38 001-151-510-02-75 $1,055.20 R/dgeway Plumbing, Inc. Repair to Harbor Hall Inlet Club due to blockage in City sewer line Pay from self insurance aoet. 001-000-247-41-00 kubin Construetion Co. Asphalt for~various streets $ eold mix for stook pile Pay f~om budgeted funds 001-40!-540-02-3A $1,!21.57 320-401-540-04-31 $2,243.16 Gene Moore Balanoe due on expenses for Hall property for lift station Pay f~om Utility General Fund 401-000-169-11-00 Council approved Gene Moore Balance due on 'expenses for Jaokson property Pay f~om ~unds transferred 001-801-570-04-11 Council approved Russell & Axon 626-681-08-6 Inv. ~22 Resident p~oject services at Water Treatment Plant Expansion Pay f-~om Utility General Fund 401-000-169-01-00 Authorization dated 5/8/74 10. J. Wil]4ams Pump Service New Johnsonsereen for Well ~12 Pay fq2om budgeted funds 401-511-550-02-3B E. N. Rite Enterprises, Ina. Off-lee Building Pay from Publie Works Grant Fund 350-835-570-05-71 Contract dated 1/23/78 E. N. Rite Enterprises, Inc. Restr~oms at Galaxy Park Pay f~om Public Works Grant Fund 350-835-570-05-72 Contract dated 3/10/78 13. E. N. Rite Enterprises, Inc. Rest~ooms at Pioneer Park Pay from Operating Capital Improvement Fund 301-000-247-72-00 Cont~2aet dated 3/i0/78 JU/~E 6, 1978 17152.58 1,783.00 37364.73 727 654.60 55,768.10 4,308.50 3,709.18 5 O, 201.20 13,274.37 13,4~8.49 -25- MINUTES - REGULAR CITY ~OUNCIL MEETING BOYNTON BEACH, FLOR/DA JUNE 6~ 1978 14. Barile Excavating $ Pipeline Co. Galaxy Park Pay f~om Public Works Grant Fund 350-835-570-05-?2 Contract dated 1/23/78 15. Isiah Andrews 154.00 Driver for Senior Citizens Club - 3 weeks Pay from budgeted funds 320-871-570-02-5A Ordinance ~73-15, passed 5/15/73 16. Willie Ruth MeGrady 134.40 Server for Senior Citizens Club - 3 weeks Pay ~mom budgeted funds 320-871-570-02-5A Ordinance ~73-15~ passed 5/15/73 17. A.E.C.O.A.~ Inc. Est. ~1 46,911.60 Raw water wells ~I5 & ~16 Pay f-mom Utility General Fund 401-000-169-0!-00 Contract dated 4/10/78 18. Intercounty Construction Est. ~19 2~679.76 Water Treatment Plant expansion Pay from Utility General Fund 401-.000-169-01-00 Cont-~aet dated 7/9/76 19. Board of County Commissioners 12,627.95 Signalization - Woolbright Rd. & 18th St. Pay from budgeted funds 001-401-540-0~-33 Mm. Kohl 6mitred reading ~0 on the list to SCRWTD Plant since the payment was not required. He stated that the bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department; funds are avail- able in their respective budgets. He therefore ~ecommends payment of these bills. Mr. Caldwelt referred to the traffic signal installation at 15th & Congress Avenues and questioned why three to four traffic lights were needed at this intersection of two lane roads and Mr. Harmening re- plied that this was in accordance with International standards. Mr. Roberts added that these roads were scheduled for four laning. Mr. Harmening ~rther referred to one or two lights burning out and having spares installed to prevent accidents. Also, they are constructed to aecoma~date future growth arid development in that area in the near future. Mayor Jackson re~erred to the bill from Palm Beach Newspapers, Inc. stated she would like it researched whether we are charging enough for the permits to cover these costs. and MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1978 Mayor Jackson asked when the office building would be finish.ed and I~. Kohl replied in about three to four weeks and added that this is one of the best -eonstmuction jobs we have had as far as time limit. Mayor Jackson asked when the elevator was going to be finished and Mr. Kohl replied tl%at it is just about 'finished now and it won' t be long. Mm. Caldwell moved to pay the bills, seconded by Mr. DeMareo. No discussion. Motion carmied 5-0. Pour Laning 15th Avenue (Woolbright Road) f-~om 18th St. to Congmess Ave. Mr. Roberts told about attending the Metropolitan Planning meeting and advised that some of the problems with financing and getting roads developed is aause~ by the lack of money and he,ken promises. At this meeting, they bmought up the question of 15th Avenue~ which is now co~pleted but is not four !aned from 18th St. to Congmess Avenue. There will be an increase of traffie with this mead being eompleted and atso~ 152 condominium units are being built. Being familiar with the situation~ he pursued the matter with two embers of the !~our~y Commmsslon present. He told about the deve- loper being given an extension three years ago by the County. The developer re~sted that the r6ad widening be delayed until the units were 56~ sold ,~ it has now exceeded that and the developer has en- gaged in another development in Delray Beaeh. Every~ng indicates that th~ road 'sh6uld be four Ianed. It was suggested that we write to the developem to determine his intentions and whether they will complete it this year. If they do not have sueh intentions~ it was suggested that a permit ~e held up or if neeessary~ take them to eourt. Organization *SeeM in. Of 6/20/7~ Mr. Kohl informed him that permits have been held up previously. According to the letters, this road should be four !aned. However, the developer hired an attorney and they went to the County and the County granted thema six months extension of time. Mr. Howell clarified that the agreement was to widen the road after 600 C/O's weme issued, and the ~riginal amount was at the eompletion of 300 '~/O?s . Mr. Harmening questioned about how many there were to go and Mm. Howell replied that there were about 450 issued. Mr. Harmening re£ermed to there being an agreementwith the City and Mm. Howell meplied that he eou]d not find any. M~. Roberts suggested that a letter be written to the County Commis- sion referring to the MP© meeting and discussion and ~sk how we can do anything since the County gave them the right to continue with their c~ns~ct~n. There was further discussion about this situa- tion and then Mm. Hammening suggested putting the County on notice that we are actively interested and pursuing this matter and would appreeiate their eooperation and indulgenee in pursuing ±t to a sueeessful cone!usion. Mr. Kohl added that ke would obtain a copy of the bond required by the County, -27- MINUTES - REGULAR CITY COUNCIL MEETING JUNE 6, 1978 BOYNTON BEACH, FLORIDA ADJOURNMENT Mr. Roberts moved to adjourn, seoonded by Mm. Caldwell. Motion carried 5-0 and the meeting was properly adjourned at 10:05 P. M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: ~ City Clerk Recording Secretary (Three TaPes) Mayor ~oe Mayor Councilman Counci tman Councilman -28- May 15, 1978 Mrs. Tareesa Padgett Secretary City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33435 Dear Tereesa: ~en with you last Monday we agreed to investigate on behalf of the Board the rates that would be ~narged by Mutual Benefit using an age 62 cut-off and also to ascertain whether or not Crown Life would be willing to change its definition of disability with respecu to blue collar workers. We have had responses from both insurance companies. Mutt~at Benefit wil! write the benefit with an age 62 cut-off. Their bidding was based upon covered compensation of $220,069 and 226 employees, Their rate to be applied to compensation is .0115 which based upon the rate of compensauion covered would generate · a cost of $2,530.79 pe~ month. Crown Life is willing to change the definition to make it the same for all employees. Their bid was based upon $223,994 of compensation with 231 participants. Their rate is .0089 which based upon their compensation level would generate a monthly premium of ~1,8t4.35. There is one other item the Board should understand. When we first began to look at long term disability contracts we got bids from two or three insurance companies of which Crovmwas one. Subsequently we put the information out for bidding and informed Grown and the other insurance companies to rebid on the basis of the advertisement. The net result is that we now have a bid from Crovm with no insurance agent involved. The Board if it chooses to go with Crown may elect one of ~vo possible alternatives. One, it can name anyone it wants as agent to receive the commissions. This is perfectly satisfactory as far as we are concerned and perhaps even preferable. The other is nhat while we do not as a corporation receive commissions we have individuals within the ~'- ~ . R¢~iremcn~ Pi~ns,lnc. Mrs. Tereesa Padgett May 15, 1978 Page 2 firm who are licensed and if the Board wishe~ we will be willing' to gccept the commissions ~nd use whatever is received as a dollar for dollar offset against the f~es that we charge for our services~ Dealing with the long term disability might increase the time we spend slightly but it should be more than offset by the commissions received and the net result would be a reduction in fees paid by th~ pension plan. If for any reason this creates a problem as indicated above we will be perfectly happy with an arrangement under which the commissions are given to anyone that the Board chooses, If you have JG/ck any questions, pleasant me know. y yours, PLANS dent '~ieh' CITY ot: BOYNTON BEACH May 30, 1978 Mayor Jackson and Members oi the City of Boynton Beach, Florida Council Boynton Beach, Florida 33435 Dear Madam Mayor and City Council Members: Attachedhereto is a proposal made by the Boynton Beach Mausoleum, Inc. for your approval. The Cemetery Board has unanimously approved the contract as offered by the above for the completion of a mausoleu/n in our. City cemetery known as Boynton Beach Memorial Park. A preview was sent to the-Mayor, each Council Member and the City Manager on April 28, 1978 by the proposer. Respectfully submitted by THE CEMETERY BOARD OF BOYNTON BEACH, _ E4~ar D. H~fford ~_ ~airman / FLORIDA EDH:bb cc: City Manager Cemetery Board RUSSELL & AXON Established in 1920 Engineers · Planners · Architects Incorporated June 1, 1978 t~r. Fremk Kohl, City Manager City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33435 Subject: Intercounty's Completion Schedule Water Treatment' Plant Expansion Phase IA & II Cit~ of Boynton Beach Project No. 626-681-08-3 Dear Mr. Kohl: In support of our recommendation of acceptance of Intercounty's request for. a 90 day time extension, letter dated May 17, 1978, on s~bject WTP expansion we enclo~e a completion schedule from Intercounty Construction Corp. This schedule indicates that they anticipate startup of the major components, i.e. chemical feed, filters, and high service pumps by June 16, 1978. If successful, this would mean increased plant capacity would be available to the city on and after June 20, 1978. Your consideration of this schedule is appreciated. Very truly yours, Joe C. Swan, P.E. Resident Engineer JCS:jlv Enclosure cc: P.A.Cessna Melvin Colgin MLH 2948 FOREST HILL BOULEVARD · WEST PALM BEACH. FLORIDA 33400 · 305~968-4487