Minutes 04-04-78B~A~HW ~ , FLORIDA, HELD IN CiTY HALL, TUESDAY, APRIL 4, 7978
PreSENT
Emily M. Jackson, M~yor
Edward F. Harmening, Vice M~yor
Richard D. Caldwell, Councilman
Joseph DeMarco, Councilman
David Roberts, Councilman
Frank Eohl, City ~nager
Tereesa Padgett, City Clerk
Gene Moore, City Attorney
M~yor Jackson welcomed everyone and called the meeting to
order at 7:30 P. Mi She requested e~eryone to please ri~e
~or the Invocation given hy Rev. J. Stoutsenberger, St.
Joseph's Episcopal Church, followed by the Pledge of Alle-
giance to the Flag led by Vice Mayor Edward F. ~qarmening.
(tn the absence of Rev. Stoutsenberger, ~. Kohl gave the
invocation.)
~GEND~ APPROVAL
M~yor Jackson announced the addition of the following four
items as requ~szed by M~. Eohl:
OLD BUS I~-~.SS - B.
Consider Recommendation from Plan-
ning & Zoning Board Regarding Pro-
posed County Land Use Plan for Re-
serve Annexation Area (Tabled)
Housing ~uthority
ADMINISTRAT~¢E - Approval of Bills:
~3. City of Boca Raton - Cooperative
Dispatch Center - $9,~8.34.
t4. Ross & Sons - $37,~22.10
M~ayor Jackson referred
1st Reading and stated
tabled.
to LEGAL, No. 2 under B. Ordinances -
that it was requested that this be
M~. Kohl referred to Item E. under ADM~iSTRAT~u'E and informed
the Council ~ ~ ~
~na~ ~ey decided not to appeal, so this item can
be deleted.
M~. DeM,_rca moved to accept the agenda as corrected, seconded
by Mr. Caldwell. No discussion. Motion carried 5-0.
A~OUNCE~NTS
Mayor Jackson read a notice from the Library announc~gthat
the Boynton Beach City Library wilt observe National Library
Week from April 2 thru 8 and invites the public to partici-
pate in the Eottowing:
MINUTES - REGULAR CITY COUNCIL ~ETING
BOYNTON BEACH ~ FLORIDA
APRIL 4, 1978
Boynton Beach Historical Society display of local history.
"Open House" on Wednesday, April 5-- Tour of the Library.
Lnauguration of month-long libre~y survey in cooperation
~ith all local libraries to obtain input for the Governor's
Conference on Library and Information Services to be held this
Fall.
Preschool Story hours: Monday, Aoril 3 at 10:30 A.M. and
Thursday, April 6 at 1:00 P. M. Schoo~ age Story hour: T~es-
day, April 4 at 4:00 P. M.
Films: "Latin American, Part I & I~' and "Cuba Today"
Wednesday, April 5 at 2:00 P. M.
"Appalachia in the Springtime" cOlor-slide program on
Wedne§day, April 5 at 7:00 P.M.
Library Week will be "fine free" on returns of all over-
due Library materials.
We look forward to welcoming our regular patrons and to
making new friends for the Library.
Mayor Jackson read a Proclama~lon~' proclaiming ~he wee_ms~ of
April 2 and April 9 as Rid Litter Weeks ~_nd Saturday, April
~5 as Rid Litter Da~.
M~yor Jackson announced that the South Central Regional Waste-
water Treatment & Disposal Board would meet on ~hursmay,
April ~3, 1978, at 7:00 P. M. at Delray- Beach.
MI~,~TES
Regular City Council Meetin~ - i~rch 21~ 1978
M~yer Jack, on referred to the third line on Page 2 and advised
that the apostrophe should be before the ~'s'~ on Roberts. She
then referred to the second line in the third paragraph and
corrected "ar~-one" to "everyone".
Mr.. Caldwell moved to accept the minutes e~ corrected, seconded
by ?@. Harmening. ~otlon carried 5-0.
Special City Council Meeting - March 27~ 1978
~m. De~rco moved to approve the minutes of March 27 as pre-
sented, seconded by M~. Caldwell. Motion carried 5-0.
Special City Council Meeting - Mm~rch 31~ 197~
Mayor Jackson ascertained that the Council had not had the
opportunity to read these minutes. Mr. Harmeni~ moved that
the minutes of March 31 be tabled, seconded by ~. DeM~rco.
Motion carried 5-0. Mayor Jackson requested these ,minutes
to be left in the agenda book~, so new copies wouldn't have
to be made.
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Mt~TES - ~G~7~AR CIT~· COUNCIL ~ETI~JG
BOYNTON BEACH, ~ ~ORIDL
APRIL 4, 1978
PU~L IC AUDIE~CE
~yor Jackson announced if there was a~jone wishing to speak
on any item on the agenda to please give their name to
Padgett. She asked if anyone wished to speak on any item n~t
on the agenda and received no response.
BIDS
oa_es of Two (2) NCR Billing Machines
Mr. Kohl informed the Councml that only one bid was received
and it was not what ws were thinking about and he requested
to re~ the above items.
M~. DeM~rco moved to reject the one bid and
of two NCR billing mach_nes, seconded by ~.
discussion. Notion carried 5-0.
re-bid on the sale
Harmening. No
Bimetallic Phosphate (Water Plant)
~. Kohl informed the Council that bids on the above were
opened on Tuesday, March 28, ~978, at 3:00 P.M. in the office
of our Purchasing Agent, Mr. William H. Sullivan. The Tabu-
lation Co~mmittee recommends acceptance of the low bid from
Calgon Corporation, $828 per ton. A copy of the Tabulation
Sheet, Proposal and Iffidavit signed by M~. John J. Morrow of
Calgon Corporation have been submitted. All legal re~uire-
ments have been met. Funds for the above purchase were bud-
geted in Account g01-512-550-03.65, Process Cnem_zals.~ ~ He
concurs with the recommendation of the Tabulation Committee.
~. Harmening moved to accept the low bid from Calgon Corpora-
tion in the amo~mt of $828 per ton for Bimetallic Phosphate
upon the recon~mendation of the City M~nager and Tabulation
Committee. M~. DeM~rco seconded the motion. No discussion.
Motion carried 5-0,
Bulk Quicklime (Water Plant)
~. Kohl informed the Council that bids on the above were
opened on Tuesday, March 28, 1978, at 3'~
.~0 P.M. in the office
of our D~rchasing Agent, Mr. William H. Sullivan. ?ne Tabu-
lation Committee recommends acceptance of the bid from Aqua-
chem Company, Inc., Coral Gables, at $59.00/ton. The recom-
mendation from our Utilities Director regarding this award of
the bid has been submitted. A copy of the Tabulation Sheet,
Proposal and Affidavit signed by ~. George Solberg, Presi-
dent of Aquachem Company ha~been submitted. Funds are bud-
feted in Account 401-512-550-03.65 (Process Chemicals). He
concurs with the recommendations of the Tabulation Committee.
He added that a letter was submitted from our Utilities Direc-
tor why this was being recommended.
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MI~WJTES - REGULAR CITY COUNCIL ~ET!NG
BC?A~TON BEACH, FLORIDA
APRIL 4, 1978
~- Harmening moved to accept the bid for Bulk Quicklime
from Aquachem Company in the amount of $59.00 Der ton upon
the recommendation of the City Manager, Tabula%ion Committee
and Director of Utilities, seconded by 5~. De~rco. No dis-
cussion. Motion carried 5-0.
One (1) 14-1~ard Dump Truck (Water Plant)
~M. Kohl informed the Council that bids on the above were
opened on Tuesday, March 28, 1978, at 4~00 P. M. in the
office of our Purchasing Agent, Mr. William H. Sullivan.
The Tabulation Committee recommends acceptance of the low
bid from General GMC Truck Sales & Service, inc., of West
Palm Beach in the amount of $30,820.00. A copy of the tabu-
lation sheet, proposal and affidavit signed by G. DeSanti,
President of General GMC Truck Sales & Service~ Inc., have
been submitted. Funds in the amount of $30,000 were budgeted
in the ~ater Treatment P18m_.t Account 401-552-550-04.83, and a
budget transfer in the amount of $820 has been processed with-
in the same departmental account to cover the additional ex-
pense. Pie concurs with the recommendations of the Tabulation
Committee. May he have Council,s wishes on this matter.
M~. Caldwell moved the approval of the bid to General GMC
Truck Sales & Service, Inc., for the amount of $30,820.00
and that the necessary funds be transferred per Mr. Kohl's
request. M~. Harmening seconded the motion. NO discussion.
Motion carried 5-0.
L~GEL
Ordinances - 2nd Reading - ~blic Hearing
~oposed Ordinance No. 78-13 - Re: Amending Ordinance No.
68-17 to Provide for Deregulation of Cable Service Rates
~. Moore referred to this being adopted on second reading
on March 2t after amendments were made and then read proposed
Ordinance No. 78-t3 by caption.
M~yor Jackson asked if anyone wished to spee~k in favor of
Ordinance No. 78-13 and received no resoonse. She asked if
a~jfone opposed this ordinance and received no response.
Mr. Harmening moved the adoption on second reading of Ordi-
nance No. 78-13, seconded by Mr. Caldwell. No discussion.
Mms. Padgett took a roll call vote on the motion as follows:
Motion carried 5-0.
Councilman Roberts Aye
Councii~mn Caldwell - Aye
Councilman DeMarco ~ye
Vice M~vor Ha~.~mening - Aye
Mss-or Jackson - Aye
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MI~JTES ~ - ~. '
- R~GU~R CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDa.
APRIL 4, 1978
Proposed Ordinance No. 78-15 - Re: Amending Sections 21-35,
21-~, and ~ ~ ~
21~55~o~ Chapter 21 of the Codified Ordinances
Pertaining to the Municipal ~mployees'..Pension Plmn
~. Mooze ream proposed Ordinance No. 78-15 by caption on
second reading.
~.~yor Jackson asked if anyone in the audience wished to speak
mn favor of this ordinance and received no response. She
asked if at, one wished to spe~4 in opposition to this ordi-
nance mud received no response.
~. DeI~arco moved the adoption of Ordinance No. 78-~5 on
second and final reading, seconded by ~. Caldwell. No-dis-
cussion. ~s. Padgett took a roll call vote on the motion as
follows:
Councilman Caldwell - ~ye
Councilman DeMarco - Aye
Vice ~yor Harmening - Aye
Mayor Jackson - Aye
Councilman Roberts - Aye
Motion carried 5-0.
Ordinances - ~st Reading
i~oposed Ordinance No. 78-~6 - Re: ~oviding for Amendments
to Chapter 5, Chaoter 22, Chapter 15A and Chapter 9, of the
Code of Ordin~ace~ to Provide for the City~u~ld_ng' ~ Code,
Plumbing Code, Mechanical Code and Electrical Code to Conform
with Uniform Minimum County-wmae Standards
~. Moore read proposed Ordnance No. 78-16 by caption on
first reading.
~. Caldwell moved the adoption of Ordinance No. 78-16 on
first reading, seconded by M~. Harmening. No discussion.
M~s. Padgett took a roll call vote on the motion as follows:
Councilman DeMarco - Aye
Vice M~yor Harmening'-.Aye
Mayor Jackson - B~ye
Councilman Roberts - Aye
Councilman Caldwell -
Motion carried 5-0.
~oposed Ordinance No. 78- Re: Ame~ing Section 41, Appen-
d i~ A, Zoning Regulation Relative to Requirements of Buffer
Walls Separat~n_ g Commercial and/or Industrial Districts Which
Abut Resident~l Districts
M~ Roberts moved to table this, seconded by ~. Caldwell.
Motion carried 5~9~..Ms~r Jagkson r$~uested this to be left
in the book so aa~l~iona± cop~es would not have to be ~ade.
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MI~JTES REGULAR CITY COUNCIL ~ETING
BO~NTON B~-.~C~, FLOR-DA
APRIL 4, ~978
Resolutions
l~oposed Resolution No. ?8-T - Re: Supporting Designation of
the West Palm Beach Urbanized Area Metropolitan Planning Organ-
ization as the Designated Agency to Perform Non-a~tamnmsnu Air
Quality for Palm B~ach County and Indicating the Clty s Intent
to Approve Appropr!ate Changes to the MPO Organizational Agree-
ment
~. Moore read Resolution No. 78-T by caption.
~. DeMarco moved to adopt ResolutionNo. 78-T, seconded by
Mr. Caldwell. Under discussion, P~. Caldwell asked what re-
straints this resolution places on the City for industrial
expansion and M~. Kohl replied that all it amounts to is some-
thing about the ozone levels. Mr. Harmening added that when
they discovered high readings here recently, the readings
were faulty. Mayor Jackson added that she is on the MPO
Committee and word was sent from the Governor that they were
in chemge of this, but she does not think the guidelines have
been set as yet. M~s. Padgett then took a roll call vote on
the motion as follows:
Vice Mmyor Harmening - No
Mayor Jackson - Yes
Councilman Roberts Aye
Councilman Caldwell No
Councilman DeM~rco Aye
Motion carried 3-2.
~or Jackson asked if this was turned down, would they close
us aown and M_~. Moore explained that he thought it was ~st
designating ~ ~ ' ~
~_e County to perform these ~unctmo~.s.
Prooosed Resolution No. 78-U- Re: Entering Into a ~on-~mnan-
cial Agreement ~'~
~m~n Palm Beach County for the I~rpose of
Participating in the Comprehensive Employment and Training
Act of ~973
~. Moore referred to this being discussed at the last meeting
in reference to CETA. Mm. Harmening moved the adoption of
Resolution ~o. 78-U, seconded by M~. De~,~rco. Under discus-
sion, ~. Kohl clarified that this does not bind us to any of
the employees, but just asks that we encourage the potential
~subsidized job placements. ?~. Caldwel! referred to No. 5
in the Agreement stating to provide Workmen,s Compensation
coverage for each participant and ~. Kohl informed him that
the County does this. Mayor Jackson asked if the motion had
to designate somebody to sign the agreement and ~. Moore in-
formed her that the resolution provides that. i,~s. Padgett
then took a roll call vote on the motion as follows:
MI_~UTES ~ REGUI~R CI~ COUNCIL MEETIEG
BOTNTON BEACH, FLORIDA
APRIL 4, ~978
Councilman Roberts ~~ve
Councilman Caldwell Aye
Councilman DeMarco - Aye
Vice Mmyor Marmening - Aye
Mayor Jackson ~ye
Motion carried 5-0.
Other
Report from~l~'~y Attorney - Re: Parental Responsibility
~. Moore informed the Council that Section 2.01 Florida
Statutes adopts the Common Law of England as the Law of
Florida unless changed by the State Legislature. The Com-
mon Law provided that parents were not responsible for the
torts of their minor children. Said Common Law has been
partially altered by the State Legislature's enactment of
Section 74~.24 which rendered them responsible to the mone-
tary extent of $1,000. Ia his opinion, he does not think
the City could supersede that limitatiom and it could only
be amended through the Florida Legislature.
Mmyor Jackson suggested passing a resolution urging the
Municipal League or Florida League of Cities to urge the
State to get something like this. She ~uows the States of
Ohio and Connecticut have such laws. Mr. Caldwell asked
if she meaht to increase it to ar~v specific level and Mayor
Jackson replied negatively, but to look into what the other
states have.
.Mr. DeM~rco made a motion that this recommendation be sent
to the League of Municipalities and up further~ wherever it
has to go, for further study, seconded by Mr. Caldwell.
Mayor Jackson clarified that it had been moved and seconded
to recommend to the Municipal League and Florida League of
Cities to lobby an~ recommend this to the State Legislature.
Motion carried 5-0.
OLD BUSIneSS
Chamber of Commerce/Bicentennial Park
~yor Jackson referred to the Council members having received
copies of the minutes from the conference with the Chamber of
Commerce and also Ers. Baughn's comprehensive statement and
requested that the representatives of the Chan~ber of Commerce
come forward.
~'~s. Kathy, Eaughn, President of the Chamber of Commerce, ap-
peared before the Council. She referred to the November ~,
~977, City Council meeting when a request was made by the
Ehamber to utilize a portion of the City land on North Federal
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORID_~
~_PRIL 4, 1978
HighwsG~ as a site for a new much needed Chamber building and
advised that the Council unanimously went on record as "being
in agreement with the Cham~er to work out whatever is possi-
ble''. They are now coming back for the Council's support and
also asking that the Council appoint representatives to sit
with them to work out a point hy point lease agreement. The
final lease will come back to the City Council for approval.
M~s. Haughn referred to a workshoo meeting being held with
the Council last Wednesday night ~nd stated that as requested,
written material was submitted. Also, as requested, they
submitted a survey of other Chambers of Commerce involved
with leases with their cities. She would like to take a
moment to.cover some of the material, so those present will
have an i~ea of their request. The preliminary design was
presented at the workshop meeting. The intent is to oreserve
and utilize the park with only using 17 to 20% of the-park
for their ibuilding ~ad parking. Trees and shrubbery would
be added ~or screening of the building smd pslking. Not
discussed ~at the previous meeting is the worthwhile additional
services ~hey will be &bls to provide for this community.
There wil~ be ameeting room which would hold approximately
200 people~ which could be made available for civic organiza-
tions. Shie told about the Dania Chamber having social secur-
ity servicles available in their building weekly and added
that the S,tate and City officials coul8 also meet there regu-
larly. Byl locating the Chamber of Com~m~erce in the park, it
will give more people reasons to visit the park. The loca-
tion of an~ attractive relatively small building will not de-
tract from~ the visual enjoyment of people passmng by. She
explained how there would be certain pleasures derived along
with added uses of this area.
~s. Haughn then stated that the location of the new Chamber
building iS critic~l.. This location was the result of ma~
hours of discussion and research. Although the residential
growth is moving westward, it is felt that the Chamber should
remain as an anchor and continue to promote Federal Highway
as the business district. After receiving approval from the
City Council, the Chamber will proceed with fund raising.
Business interests have supported the Chamber and it is felt
that raising the $35,000 needed will be no problem at all.
The Chamber can receive assistance from local financial in-
stitutions and they have been assured with the proper lease,
financial assistance is available. The Chamber of Commerce
is the front door of our community. The first impression
received is a lasting one and she referred to Mayor Jackson
verifying this with her first contact being througi~ the
Chamber before moving to Boynton Beach. They have come to
the City not with their hand out, but with their hand
stretched in the spirit of 50 years of cooperation in making
Boynton Beach a better place to live.
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MINTJTES - REGULAR CIT~_ CO~NC~ ~ETING
BOYNTON BEACH, FLORIDA
APRIL 4, 1978
~. Robert Alan Black, Architect under contract with the
Chamber of Commerce as well as a member, appeared before
the Council and referred to making a presentation at the
workshop meeting and stated he would like to make a short
presentation at this time if the Council agrees. He ascer-
tained there was no objection. He stated that as M~s. Haughn
mentioned, there has been much study done for this particular
project orior to his involvement as the architect. He showed
a map indicating where the members are located and pointed
out that more ~ha~ 5~ of the members are along U. S. ~. He
showed a zoning map of the City indicating the commercial
property available. He showed a mao showing the access and
major routes in the City-and explained that !-95 is traffic
coming intb the City, but traffic within the City is along
U. S. 1. During the past few years, there has been a tremen-
dous growth in the Chamber and the City. He then showed a
plan of the park as it exists now and explained. He advised
that there are a number of places where the building could
be located and pointed out at the north and south with 17 to
20% of the land being used. As the ultimate solution, he
chose the south end. He showed a plan of the proposed build-
ing and explained the location and traffic exposure. He
explained how the building has been set on an angle for col-
lection of sun for solar heating purposes and told about the
construction materials. He pointed out that eight parking
spaces were provided even though only six were required.
He further told about the visual effect of the building and
parking. He then showed a floor plan and told about the
various room~ planned. He showed an elevation drawing and
explained.
t~~. Black then clarified that they were now asking for a vote
for the use of a portion of the park for their new building.
Even though he has indicated the south section of the park,
with ~nor alterations it could be located on the north end.
They are asking for consideration of the City to go into
contract with them in the form of a lease for this property.
~. Weaver appeared before the Council and stated that he
attended the workshop meeting and after he left, he felt
the main concern was not whether they needed the building,
as it was agreed that the Chamber of Commerce is extremely
important to the City, but there was a ~uestion about the
location. They have inves~$ed various locations and feel
this is probably the best site. His feeling was that their
only objection was what it would do to the park. He feels
the park is not being used now and the building will enhance
it a~d more people willhhave the oooortunity to visit the
park. He hopes the Co~uci! will v~e in favor of it.
Mms. Ann Barrett appeared before the Council and stated that
she knows they would all be very grateful to have a beautiful
building here which everyone will be proud of. There is a
need. She then told about being instrumental in obtaining the
first bank in the City.
MINUTES - REGUL~-~ CIT~ COUNCIL M~ETING
BOYNTON BEACH, FLORIDA
APRIL 4, 1978
M~. John Howell, 900 Isles Road, appeared before the Council
and stated that he has resided and made his living in Boynton
Beach for the last 14 years. He has been Director of the
Chamber of Commerce for ten years and past President, but is
not an official now. Everyone has pointed out the need for a
new location. He thinks it is very appropriate that someone
points out to the Council a need for a viable Chamber of Com-
merce within the community. If the businesses thrive, the
community thrives. There is no other organization in our
comm~Lnity, County, State and nation that has the business
interest as its sole objective to see that business prospers.
It means Salaries are paid, buildings built, more taxes, etc.
He addresses the Council and audience on the basis of the
need and ~esirability of providing the Chamber of Commerce
with a too1 whic~ is vitally needed to fulfill its function.
Mayor Jackson ascertained there were no other speakers and
opened the discussion to the Council.
Mr. DeMarco stated that he attended the discussions and there
is no question we should have a Chamber of Commerce in Boynton
Beach and possibly this is a good location. However, there
may be a problem with the reverter clause on this property
and he feels that should be discussed. He asked what the
Chamber had done in regards to the reverter clause and M~s.
Haughn replied that this would be a stipulation in the lease.
She clarified t~_a~ they were just asking for neoot_at~om~s on
the lease to sit down in conference and discuss these. They
have talke~ to Bessie Stanley who spoke to Bertha Chadwell
and she is in faJzor of the Chamber of Commerce locating here.
It could be a stipulation of the lease which would have to be
cleared before finalization of the lease.
5'~. DeMarco referred vo a statement made that the City would
rei~Yourse the Chamber in reference to the reverter clause and
~s. Haughn. replied that was a definite error.
~. De~mrco questioned the length of the lease and M~s.
Haughn replied that would be negotiated. She added that
they thought this could be discussed better after finding
out the other facts and figures. M~. DeMarco complimented
them on the design submitted.
~;~. Harmening stated he was concerned about the reverter
clause because not only could they lose their building, but
the'City could lose valuable property and F~s. Haughn clari-
fied that they were just asking for the Council's continuing
support so they don't put out money to research this reverter
clause unnecessarily.
~. Black further clarified that their request was to put
the building on the site of the park with the reverter
clause to be solved. If the revertercclause could not be
changed, the building could be placed at the north end.
-10-
MINUTES - REGULAR CITY COUNCIL MEETING
BOY~TON BEACH, FLORIDA
APRIL 4, t978
M~. Black continued that if the owners or descendants could
not be negotiated with, the arrangement would be null and
void. The location of the building must meet with the Coun-
cil's approval also.
Mr. Caldwell stated that if we were to approve the request
of the Chamber of Commerce at this point in time and subse-
quently t~ey are unable to receive a release of the reverter
clause, especially in regard to these three lets, then the
City has mot lost ~uything. He does not think ar~ h~m
would have. been done as ground would not have been broken.
He thinks ~e must ~i~e~them.~ an indication whether this
Council will give support in the event the reverter clause
is removed!. Mayor Jackson reolied that is why ~he~rare here
tonight a~d this was ironed o~t the other night. ~. Caldwell
continued ithat an alternative would be to build it at the
other end !of the park and he sees nothing wrong with that.
He is in favor of allowing the Chamber to proceed to see them
accomplishi what they want.
~s. Haugha referred to someone preparing the lease and Mayor
Jackson inlformed her that the City ~ttorney would t~i~e care
of thmt.
~. Roberts referred to having a meeting room for 200 people,
but only having eight parking spaces and ~s. Haughn replied
that woulSi not be a problem as parking could be oe~otiated
for in the:surrounding area. ~. Black referred to being a
professional architect and advised that any city allows the
use of commercial ps~king within a certain radius. He in-
formed them that there is a l~Ee shopping center across the
street and!a real estate office across the side street and
negotiations would be made for the parking. All the parking
necessary would be available. Mayor Jackson requested com-
ments froml the Building Official and ~. Howell stated that
they would not be able to tsd~e parking from any other place
for this use and must have parking on their own site, Mr.
Black referred to the shopping center not being open when
the conferences would be held and !~. Howell informed him
that off-street parking was required for any commercial
building and parking could not be shared. He added that a
similar request from a church was fume8 down based on legal
advice.
?~. Roberts stated that he is in favor of the Chamber of
Commerce operating; however, his point is that there seems
to be a tremendous drive to use the little Bmcentenn~al
Park. He suggested that some alternative spots be consid-
ered, but nobody seems to want to talk about it.. He re-
ferred to the locations of other cities, Chambers. He
then referred to Boynton Beach subsidizing the Chamber
with $12,000 and Mrs. Haughn replied that they did not re-
ceive that. Mm. Roberts continued with stating that very
few Chambers are subsidized and perhaps if they war~t to give
up the subsidy, maybe an agreement could be reached.
-It-
MINUTES - REGULAR CITT COUNCIL ~ETING
BOYNTON BEACH ~ FLORIDA
APR~L 4, 1978
Ms. Roberts then referred to there being a lot of space at
the Boat Ramp Park with sufficient area for parking. He
thi~ the Chamber can easily be located wit~ the use of
proper signs. He told about this location and stated that
he just did not like the idea of giving up this beauty spot,
the Bicentennial Park, which he thinks is the only ~cent
spot around that area. He asked if they had any objections
to this alternate site and Mss. Haughn replied that there
was no objection to another site. They have done months of
study, but did not investigate this particular area. They
looked along U. S. I where the businesses are concentrated.
[~yor Jackson then referred to there being two other spots
on U. S. 1, one a triangular piece of property of the west
of where the sign is just north of the canal and the other
at Jaycee Park. This property could be released to them
and there would be a lot of room. Me. Lambert informed her
that the City could use this property, but no permanent
structures could be built. Mmyor Jackson stated she was
pretty sure the property north of the canal could be used.
Mmyor Jackson stated that if there was a lien on this, they
could not negotiate at all and ~. Moore replied that he be-
lieved the Chamber had a plan where there w~uld not be a
lien. ~s. Haughn clarified that if the nroper lease could
be negotiated, financing would be no prob%em.
Mr. DeMarco stated that he likes the plan, but is concerned
with the parking requirements. Mayor Jackson added that
there was no doubt about plenty of parking being in the area,
but it would not be in accordance with our requirements and
they must be on the site. M~. Black referred to this being
CO property and told how it was designed according to C-1
requirements. He pointed out that eight parking spaces were
shown, more than the code required. There is also parking
available on both sides of U. S. t. He told about projects
in other cities where parking was allowed to be shared. He
then stated if this would not be allowed, that area would be
storage space and not used for meetings.
?~s. Haughn stated as long as the Council agrees there is a
possibility of them locating in this area, then they could
sit down ~ud discuss the lease and get the professional help
needed. ~. Roberts suggested that they explore an alterna-
tive site that would be more conducive to parking. M~or
Jack, on referred to this being valuable property with the
possibility of there being use for it in the future. She
added that it is the Bicentennial Park and not surplus pro-
perry, hut more or less a holding zone.
~. Kohl suggest,d that he be authorized to work with the
Chamber of Commerce to further research some of the olaces
mentioned. M~yor Jackson stated that this location ~ust be
-12-
MINUTES - REGhqlAR CI'~----------------~ COUNC~-L ~ETI~G
BOYNTON BEACH, FLORIDA
APRIL 4, 1978
voted up or down.
alternatives here,
as we do not have
~. Roberts replied that in view of the
he would vote against disturbing that park
enough ps, ks and should hey~e more.
~. Roberts then made a motion to keep this in abeyance and
keep this park from being developed as Chamber of Commerce
property and offer alternatives. Mayor Jackson laid aside
the gavel and seconded the motion. ~. Harmening clarified
that it had been moved and seconded to deny the use at this
time o£ the Bicentennial Park for the Chsmber of Commerce
building,
~. DeMarco then made a substitute motion to continue nego-
tiations and possibly work with the City Manager and try to
work out something feasible and satisfactory with the .City
Council and Chamber. Mayor Jackson laid aside the gavel and
seconded the morion. M~. Roberts replied that it would be a
logical move to leave this open and accepted this substitute
motion and withdrew his original motion. Mayor Jackson with-
drew her original second. Under discussion, ~,.~. Caldwell
asked if it was the in~ent of the motion to encoo~age the
Chameoer to look into this parcel of land and Mr. DeMarco
replied this land or any other parcels. He suggests that
we work together and come up with a solution. Motion carried
5-0.
Consider Recommendation from the Planning & Zoning Board
Regarding -~¥oposed County Land Use Plan for Reserve Annexa-
tion Area (Tabled)
M~. Roberts asked if a recommendation had been submitted
from the Planning & Zoning Board on this item and Mayor
Jackson requested M~. Simon Ryder, Chairman of the Plan-
ning & Zoning Board to comment. ~. Ryder stated that when
it first appeared before the Council, he think~ the Council
members felt they neede~ clarification. ~yor Jacksoncclar-
ified that the Council wanted to know the decision reached
and M~. Ryder informed them that a motion was carried 5-I
that the Planning & Zoning Board recommend to the City Co~3m-
cil that the Council explore the possibility of extending
the services of our present consultant to ~he reserve annexa-
tion areas.
~. DeMarco added that he attended the Planning & Zoning
Board meeting and advised that the County is recommending
about .41 houses per acre in the western area and he be- See Min. of
lieves this is not good planning for the City of Boynton 4/18/78
Beach when you have to put in water, sewer lines, extend
fire, police protection, etc. Also~ there is an industrial
area noted west of Congress Avenue, between Old and New
Hoynton Roads, which he thinks is the wrong place for indus-
trial. In his estimation, he thinks this should be redone
-13-
MI~-UTES - REGULAR CITY COUNCIL MEETING
BOY~TON BEACH, FLORIDA
APR. IL 4, 1978
or rechecked. All the other cities have better densities
west of town. ~yor Jackson clarified that she thought the
recommendation was to decide whether to pay the planners and
Mr. DeMarco replied that under these conditions, he thinks
it would be the smartest money we have spent. ~yor Jackson
questioned the cost and ~. Kohl reolied that he could find
out and report back to the Council.-
Fr. DeMarco moved to have the City Manager investigate the
feasibility and cost to have the consulting planners give
some input on this area, seconded by ~. Harmening. Under
discussion, ~. Kohl stated that he would bring back an
approximate price at the next meeting. Motion carried 5-0.
Housing Authority
~. DeMarco moved to take this from ~he table, second~a by
~. Roberts. Motion carried 4-1 with M_~. Harmening dissent-
in%.
Mmyor Jackson referred to requesting Y~. Moore to look into
the agreement. ~-@~. Moore referred to there being several
general areas where questions were raised an~ advised that
he discussed this with the Executive Director of the Palm
Beach County Housing Authority. There is no fiscal respon-
sibility to the City. As he understands, this is a request
for funds to investigate the feasibility of going forward
with the Housing Authority. It is not going into a ~roject
at this time. M~. Harmening replied that he did not inter-
pret this agreement that way and ~. Moore replied that there
lsa resolution for approving the preliminary application
Tor a loan. ~. Moore continued explaining that apparently
under these particular projects if these go forward under
Federal Law, the City is not authorized to tax those parti-
cular projects such as housing for low income projects.
There are certain funds w~ich would be raised which the
properties would be subject to and some funds are reimbursed.
He does not think it would be as much money as the tax income
though. Also, the properties cannot be assessed for any im-
provements. The agreement also talks about the fact that the
City would agree to cooperate or rele~ or deviate from the
normal building codes in order to promote the economy, what-
ever that means.
Mayor Jacksonaasked if this meant that a house could be built
next to her and they would not he3~e to live up to the same
code as she did and ~. Moore replied affirmatively.
Caldweli asked who would m~e the d]efinitive decision and
~. ~oore replied that the Council would have to make the
ultimate decision, fem. Caldwell asked what leverage they
have to force us to relax the requirements and ~. Moore
replied that he did not _~uow what they are talking about,
-14-
MI~JTES- REGULAR CI~ COUNCIL ~TI_.G ~ ~ w
.BOYNTON BEACH, FLOR~D.~
APRIL 4, ~978
but possibly they may mean smaller square footage or some-
thing. He does not think we could be forced to deviate from
the rvqumremen~s.
~L~yor Jackson referred to the statement that if they renege
on ta~es, a lien cannot be placed and M~. Moore.clarified
that they would be exempt from taxes. He added that they
have a formula where they give money hack if and when it is
collected. Mr. Harmening added that it also asked us to
vacate roads, alleys, etc.
}~k TM' Ca!dwell read 3A under the Cooperation Agreement and
questioned the specific meaning and >L~. Moore informed him
that once this project starts and it is funded by government
money, we cannot tax the facilities. ~. Harmening added
that they are asking for 313 units, which is a lot of taxes,
and he is quite sure there are not 313 families in need for
this. Also, if we agree to something like this, the
Beach County Housing Authority will be moving these indigents
into Boynton Beach from all over the County.
M~. Caldwell referred to the ~
C_ty giving up easements, rights-
of-way and M~. Harmening replied that this means we vacate
anything they desire.
M~. Rubin Lefkowitz, Vice Chairman of the Boynton Beach Hous-
ing Authority, appeared before the Council and stated that the
Boynton Beach Housing Authority has been appointed by this
Council to carry out the serious responsibility of dealing
with the problem of housing in the target area. As such to
carry out this ~esoonsmbmlmty, the Housing Authority isn't
meeting once a month like other committees, but they are
meeting practically twice a week because of the seriousness
of the problem. He explained how the responsibility of meet-
ing the needs of the underprivileged had been taken on by
the government and municipalitieso~ When,this Council an-
pointed the Boynton Beach Housing Authority, it Was app$inted
with the exoressed spirit of researching the problems and
trying to rSmedy them. in that spirit, they have proceeded
to investigate the situation. They have worked with the Palm
Beach County Housing Authority where they can come in and get
funds in conjunction with us from the federal government for
human needs. We are talking about human beings. In research-
ing the target area, there are not only 300 fe~nilies, but
considerably more than 300 living under ~i%uations that none
of us would dare to live under, He can take anyone on a tour
and show them these situations. He then referred to the Build-
ing Department being in a program of demolition and stated
that there is no replacement housing for the people. The
only way these people can get housing is with subsidies from
the federal government. He then stated that the Housing
Authority met with the people of the churches in the target
area last night and stated it was brought out at this meet-
ing that the situation is serious from the human point of
MINUTES - R~GULAR CITY COUNCIL ~TING
BOYNTON BEACH, FLORIDA
APRlw~ 4, 1978
view. He requests the Council to appoint the Housing Author-
ity to look into these ~tters and work day after day on a
volunteer Basis to gather facts before they make decisions
and they go along with this Housing Authority when they go
into an agree:meat with Palm Beach County Housing Authority,
which they can,t do on their own because of their smallness.
M~. Caldwell asked what was considered the target area as far
as City Improvement~ is concerned? The City of Boynton
Beach or the South County mrea? PL~. Barry Seaman inforn~Jed
him that the application which goes to HUD specifies the
City of Boynton Beach only. He added that if it was outside
the City limits, he would not be asking for a Cooperation
Agreement or resolution. These are requirements from HUD.
It is strictly within the City for their current residents.
The target area is established by the County Assistance Plan
and Community Development ~ogram. This is a responsibility
of receiving CD money.
~. Seaman then referred to the paperwork submitted and 300
units being stated, but advised that they are not going to
get 300 units. He explained how HUD had available 1~3 units
with substantial rehabilitation, ~ut that no new ~oms~ruction
money was available.
Mr. Roberts stated that we just ~ent through a period of new
homes beiag built awhile ago and they are wrecked, boarded-up
and it looks sad in different areas. How can this be con-
trolled so it won't happen again? ~. Seaman informed him
that when these units are put together, his Housing Authority
is responsible to pay the bonds and operating expenses. He
has an excellent rating with other projects and he would be
glad to show them to the Council. ~. Roberts referred to
the Delr~v Beach oroject and ~. Seaman informed him that was
built by a different organization.
~. Seaman then ~xplained how the~ orogram would work with
HUD· allocating units here after approving a package sub-
m~tted~for reaaozt~a~on. He then referred to new con-
struction and explained how the houses would be built to
the minimum standards of HUD which surpasses the ~ouvhern~ ~
Standard Building Code and many city codes. ~. DeMarco
asked why it was stated that they would adhere to thsir own
code a~d ~. Seaman rept~em that many cities nave codes
under theirs.
Mayor Jackson asked if only Housing Authorities could bid
on these houses and ~. Seaman replied affirmatively. ~yor
Jackson asked if a private ~erson could not bid on these
houses in the North Seacres~ area and ~. Sea~n reolied
that they could an~ clarified that he was speaking ~bout
the 100 units referred to hy HUD.
MI~TEo - REGu~&R CITY COUNCIL ~TING
BOYNTON BEACH, FLORIDA
APRIL 4, ~978
MX'. Harmening referred to these homes being scattered through-
out the northern section and explained how there was the pos-
sibility of a house being rehabilitated and being occupied
by a low income family located between two nice homes and
stated that under these conditions, the present occupants
will move out and HUD will have a lot more homes. M~.
Seaman questioned his opinion of the low income people and
Mr. Harmening replied that he has seen what they have done
to homes. He added that he has heard about ~. Seaman's
good reputation in this field, but a~$ed what guarantee
we have of how long he will be here.
Msjor Jackson referred to the houses being scattered and
referred to the possibility of a house being fixed up while
the one ne×t door was not and stated that this would not
help the neighborhood. M~. Seaman informed her that they
are looking at every house available in that area. They
would like to go through a home ownership program, but the
money is not available from the federal government. M~.
Harmening agreed that HUD is fixing them up slowly, but
explained how he thought it would be better for them to
release them to be sold at 80 or 90% of the market value,
so individuals can buy them and fix them up themselves and
the area will stabilize quicker and the City will get their
taxes. P~. Seaman referred to this going on for years and
~. Harmening referred to madly being foreclosed in 196~-6a,
but told how they were put back on the market and the homes
were improved, the area stabilized, and the property did not
leave the tax rolls. ~. Seaman clarified that he was talk-
ing about people who could not afford to buy them for many
reasons and with this method, they would not be ta~ing care
of the people needing help. He stressed again that a demo-
lition program was going on with the result being of no
place to house the people. They must consider what to do
with the families. A decision must be made.
~r. DeMarco referred to these properties not paying taxes
and questioned Where they would be situated with the rest
of the people paying taxes and ~t~. Seaman clarified that
the formula they were speaking of is payment in lieu of
taxes, which is t0% of the builder g~ant according to State
Statutes. ~. DeM~arco asked what the homes would normally
rent for and ~. Seaman replied that the average house would
probably be $80 to $90 per month. M~. Harmening questioned
the default rate and Mr. Seaman informed him that it was less
than 1%. Mr. DeMarco e~ar_~edTM ~ that our taxx structure would
be approximately $100 Der house per year and M~. Seaman re-
plied that it was a pa~ment in lieu of taxes to take care of
police and fire protection, etc. The City would receive full
payment for the services such as water, etc.
-17-
MINUTES - REGUL~M CITY COUNCIL MEETING
BOYNTON ~ACE, FLORIDA
APRIL 4, 1978
~. Harmeningreferred to the situation in Pahokee when the
Housing Authority refused to pay the increased water rates
and questioned how we could handle such a situation~ 'Mr.
Seama~u explained how they would have a budget and management.
~. Caldwel! referred to the payment of 10% the City was
going to receive and ~. Seaman informed him that it would
be paid the same as taxes. It would be oaid out of the bond
issue. He stated again that they did no~ ~ow if they can
get the allocation yet. All they are doing right now is
asking for the allocation to be allotted here and then a
w~ole pac~ge must be put together to see if it is going to
be feasible. Mr. Harmening clarified that the City would
not get 10%, but only a portion of the 10% with the County,
School Board, and any others sharing according to their
millage. He added that ~ of l f~ was a lot closer.
M~. Caldwell asked if the wording could be changed and M~.
Seaman replied affirmatively, before it is finalized. The
Council must decide tonight what they a_~e going to do as
this application has to be in the mail by Thursday morning.
A lot of things can be finalized later or changed. Mr.
Harmening disagreed emd stated that if this agreement is
signed, it is irreversible ~nd cannot be repealed unless
the bonds are paid off.
~. DeMarco referred to some people needing help and asked
if possibly a trial few could be tried and M~. Seamsm re-
plied that all we are talking about now is a pre-applica-
tion to HUD. No bond issue will be floated. We are just
requesting HUD to allocate units here. It will come before
the City Council before there is a bond issue. ~. Harmening
replied that this was not stated in the agreement and accord-
ing to the agreement, it appears we are commited to a total
of 213 units and Mr. Moore agreed.
Mm. Harmening made a motion to drop this whole thing, seconded
by Mayor Jackson after laying aside the gavel. !~. Harmening
clarified that the motion was to drop from consideration the
agreements with Palm Beach County Housing Authority. Under
discussion, M~. DeMarco asked where this would out the Hous-
ing Authority and Mayor Jackson replied that th~s is for re-
habilitation. ~. Kohl added that it has nothing to do with
the Community Development Block Grant. ~. Roberts referred
to the. houses being boarded up and stated that he thinks we
should make an effort to do something. He does not think it
could get any worse. He is in favor at this point. ~.
Seaman clarified that it was not only the boarded up homes,
but could be any homes in Boynton Beach. ~. Harmening then
stated that he is in~avor ~ of dece~t.~ ~nousmng~ ' for all citizens.
~e all want to see slums eliminated. However, according to
th~s agreement, we are bemng asked to agree ~hat a slum is a
dwelling tna~ has a f~ul~y ~ranoem=nt o~ design ordetr~ta~to
-18-
MINUTES - REGULAR CIT~ COUNCIL ~ETRCG
BOYNTON BEACH, FLORIDA
APRrL 4, 1978
morals. Certainly by signing this, it would create financial
responsibility. We cannot tax these properties or the Auth-
ority. He explained how the p~yment in lieu of taxes would
be based on a modest shelter rent and shared by the various
taxing bodies. Also with the failure to make this payment,
no liens can be attached nor penalties made. We cat,not do
anything about it if they do not pay. It is also stated that
we agree to vacate such streets, roads, alleys as m~¥ be
necessary at no charge. He referred to the effect of deviat-
ing from the Building Code. The agreement calls for 200
homes to be rehabilitated and ll3 to be constructed. He
understands ma~v to be rehabilitated are those in the north
end owned by HUD and he believes these should be offered to
private citizens who could get full FHA financing and other
funds available for improvement. There are man~ government
programs m~ing it possible for people to own their homes.
There is a lot of ~perwork and red tape invol~ed, but he
would like to see the dedicated members of our own Housing
Authority guide people to home ownership of these homes.
He is sure there is a need £or 113 homes, but we do not know
where they will be built. We are asked to make zoning changes
to ~ccommodate~ ~' them. ~ablic housing projects do not have a
great track record and are usually detrimental to the area.
He told about the people being concerned about the situation
in the north end of the City. He referred to the agreement
giving full authority to the Palm Beach County Housing Auth-
ority and stated he did not see anywhere that these proposed
dwelling units would be for the needy in Boynton Beach.
Also, this agreement cannot be abrogated, changed or modi-
fied without the consent of the Secretary of HUD. M~. Seaman
replied that the statement of everything being in the hands
of the Palm Beach County Housing Authority was completely
false. He explained how the codes and zoning of the City
must be met. ~@. Harmening referred to this not being
spelled out in the agreement and ?m. Seaman replied that
the agreement is not for a project. It does not mean that
113 units will be built. No money is available for new
construction, but they are just hoFezul they will get money
for it when it is available. The City has the complete say-
so over all the units built. Mayor Jackson asked why the
agreement didn't ssy that and Mr. Seaman replied that this
agreement goes to HUD mud it does not control the City gov-
ernment at all. M~vor Jackson stated that it is not stated
that we can stop it. Mr. Caldwell clarified that it seems
like this Council has specific reservations regarding this
cooperation agreement. He realizes time is of the essence
and suggests that the restrictions be included. ~. Seaman
replied that he would like to do this, but doesn't have the
tir~. He added that he was invited here to help the City
and if the City does not want the units, he will apply for
them for the County. Further discussion followed about the
effect of the statements in the agreement pertaining to the
change of zoning, etc. Mr. Roberts stated he was in favor of
housing, but against this because of the agreement. Motion
carried 5-0.
-19-
MI~JTES - REGULAR CiTY COUNCIL MEETING
BOTNTON B~ACH, F~OR~DA
APRIL 4, ~978
~. De~rco asked if it was possib~ to submit a revised
agreement and Mayor Jackson replied that it was up to the
Housing Aubhority. M~. DeMarco added that he was not against
housing.
~ BUS I~ES S
ADMIN iS TRA T~T~E
Consider Approval of Actions Taken by South Central Regional
Wastewater Treatment & D~sposal Board
Meyor Jack, on referred ~o there being five motions passed
by the South oentr~__~ ~ Regional Wasvewate_' ~ Treatment & Dis-
posal Board and stated that we must ratify them.
?~. Roberts moved to ratify the action of the South Central
Regional Wastewater Treatment & Disposal Board when we voted
to approve Change Order No. 1 for the Paul N. Howard Company
in the amount of $5,~53.36, seconded by M~. DeMarco. No
discussion. Motion carried 5-0.
~. Roberts moved to ratify the action taken by the Board
when we voted to create the position of the Chief Plant
Operator and adopt the p~v scale, seconded by M~. Caldwell.
No discussion. Motion c~ried 5-0~
M~. Roberts moved to ratify the action taken by the Board
when we voted that on an interim basis to approve the job
description of Chief Plant Operator as attached to the Chief
Executive Officer's memo dated March ~6, pending final ado/>-
tion of the Operations Agreement and the O&M Manuel, includ-
ing giving Delray Beach the authorization to hire the C.P. 0.
and i ~ ~ ~ ~
nclm .... g the entire memo of the C.~oO. dated March 16,
~978. M~. Harmening seconded the motion. No discussion.
Motion carried 5-0.
~. Roberts moved to ratify the action taken by the Board
when we voted to accept the amount of $t6,320 from EPA and
County for the "201-~Facilities Plan Addendum. M~. DeMmrco
seconded the motion. Under discussion, M~. Harmening stated
he did not believe he could be in favor of this. He may have
been in error when voting for this at the Board meeting. ~.
DeMarco asked why he would be against it and Mr. Harmening
replied that he had second thoughts about it after hearing
comments from the liaison officer. Mayor Jackson added that
she also felt she made a mistake. ~. Roberts stated that
they should have sp~n at the Board meeting. ~. De~co
questioned what would happen if it was turned down and M~.
Caldwell replied that it would be brought un at the next
meeting next week. Mayor Jackson added tha% she thinks it
was mis~uderetood by some of us. ~. Roberts questioned the
-20-
MINUTES REGULAR CITY COUNCIL !~TING
BOYNTON BEACH, FLORIDA
APRIL 4, 1978
disadvantage of picking up $16,320 and M~. Harmening replied
that nothing is free in this world, but as he recalls this
money is for the reworking of the ~201'~ Plan Addendum and the
direction it m~v possibly take may not be to the City's ad-
vantage. M~. Roberts stated that the only reason he did go
along with it is because we discussed it and no objections
were made. M~. Harmening referred to the matter being dis-
cussed at the workshop meeting with the liaison officer,
but probably slipped our minds by the time the Board meet-
ing was held. ~. Caldwell~stated he thought it was in the
City,s best interest to reconsider this one point and stated
that it could be brought up again as Delray Beach has coun-
termoved some agreements.
M~. Harmening moved to table Item 4 in M~. Canon's letter
of March 30, ~978, to City Managers J. Eldon Mariott and
Frank Kohl regarding aooroval of SC~WTDB act_one of
~. DeMarco seconded the motion. Under discussion, Mayor
Jackson asked if they wanted her to request ~. Canon to put
this on the agenda for rediscussion and she received an af-
firmative response. Mr. Roberts added that more input was
needed. Motion carried 5-0.
M~. Roberts moved to ratify the action taken by the South
Central Regional Wastewater Treatment & Disposal Board when
we voted that the Board authorize ~. Canon to seek EPA
funding for the "Start-uo Service" which is grant eligible
in the amount of $71,695~ ~. Caldwell seconded the motion.
~o discussion. Motion carried 5-0.
Consider Site Development Plan Submitted by Boulevard M~nor
Nursing ~ome ~ to. Provide ~enty (20) Additional Parking Spaces
M~. Kohl informed the Council that the Planning & Zoning
Board at their ~egular meeting of March 28, t978, unanimously
recommended approval of the site development plans submitted
by Boulevard Manor ~ursing Home to provide twenty (20) addi-
tional parking spaces, subject to the requirement that r~-
off be contained on site. Motion to approve was made by _Mr.
Lambert and seconded by M~. Arena. May he have Council's
wishes on this matter.
~. DeMarco moved to accept this development plan as per the
specifications read by Mr. Yohl, seconded by M~. Harmening.
No discussion. Motion carried 5-0.
Consider Request for Tempora~ Trailer - 2640 N. Federal Highway
t~. Kohl referred to submitting a copy of correspondence from
the Honorable Joe DeMarco, Councilman, indicating his desires
to place a temporary trailer at the above location. Also
submitted was a copy of Section 30-3 of our Code of Ordinances
MinUTES - REGULAR C!T!' COU~CIL }~ETI~G
BOYNTON BEACH, FLORIDA
APRi~ 4, ]978
for their perusal. May he have Council,s wishes regarding
this matter please. ~. DeMarco added v_at'W it is to be used
as a temPbrary office trailer.
~. Roberts asked if the CoUncil could make subh a mot~o~~ and
~h~ this was the Council's decmsmon. Mr.
Roberts referred to having to make the same allowance for
anyone else and M~. Kohl replied that they did in the past.
M~. Roberts moved to grant permission, seconded by M~.
Harmening. NO discussion, Motion carried 4-0 with
DeM~rCO abstaining.
Consider R, 9ues~s f.or Delayed Retirement
M~. Kohl referred to submitting a copy of Section 2~-49 of
the Code of Ordinances regarding "Del~ved Retirement" as
amended on January 3, ~977. Also submitted are requests and
favorable recommendations from the respective Department Heads
regarding the following employees who are now 62 years of
age or over: Harold Burns, William A. Fuchs, John Harrington,
Dorothea M. Kennedy, Mary Tenk and Frances Wolf. If approval
is granted it will be effective through their next birthday
at which time, if further employment With the City is desired,
they will be reGuired to again make a formal request for
Council,s consideration. He concurs with the recommendations
as indicated in the memos submitted from the Department Heads.
May he have Council,s wishes.
~. Harmening moved that the requests for de!~ed retirement
o~a~t~d, seconded oy ~. Calmwel±. Under discussion, ~.
Caldwell asked if we were going to have to uodate our
ment schedules in lieu of the Supreme Court ~uling and ~.
Kohl replied that this ha~ not been passed yet ~ad Mr. Moore
added that he would look into it. Motion carried 5-0,
Consider Letter of Appeal - Re: City's Intent ~o Demolis~ .
M~~. Kohl requested this to be deleted since there was no
appeal. ~. DeMarco moved to delete, seconded by ?~. Caldwell.
No discussion. Motion carried 5-0.
Consider Approval of Budget Transfer Requests:
~. Fnom Eund B~lance to Federal Revenue Shewing - Trucks
2. From Fund Balance - Visiting ~urses Assoc.iation
M~. Kohl read these budget transfer requests ~-~i~m~
~ -. ~ ~-ap~r~oved at the
last meeting and requested approval o~ the budget transfer re-
quests.
M~. Caidwell moved to approve these budget transfers into the
two accounts as recommended by the City M~nager, seconded by
M~. DeMarco. No discussion. Motion carried 5-0.
-22-
MINUTES - REGUk~R CITY COUNCIL I~ETING
BOYNTON BF~CH, FLORIDA
Approval of Bills
Kohl read the following bills for approval:
Rich Motors, !nc.
"~roage Packer -
Pay frOm budgeted funds 102-812-570-O4-81
Council approved 10/4/77
2. Florida POwer & Light
Ko run 3~phase ooWer to Li£t Station ~IBA
Pay from budgeted funds 401-532-550-O4-42
Approved by C±ty Manager
3. NCR Corporation
Claims Fund checks
Pay from encumbered funds 001-000-203-00-00
APRIL 4, 1978
$ 23,850.41
1,882.00
,039.76
Rubin Con~truczmon Co.
Asph. concrete - T~Pe 2
Pay from budgeted funds 001-40~-540-02-3A
,606.61
Bo~a~+d of County Commissioners
~aote Disposal at county Dump for February
Pay from budgeted funds 001-321-530-02-9A
8,548.00
Sgu~e_n Bell Telephof.~ & ieleEraph Co.
"Damage to cable at 421N.W. ts{ Aven~e'
Pay from budgeted funds 401-801-570-02-4A
~lm Beach Regional Visitin~ ?~urse Assoc.
~ ~nanc_al assistance for Vzs~t~ng Nurse Assoc.
Pay from ~unds transferred in Co~unity
Promotion Fund
Council approved 3/21/78
2,480. OO
3,000.00
Allen Insurance Agenc~
Additional coverage for rate change in
accordance with Florida Insurance
Services Office
Pay from Accounts 001-000-271-02-00 $
401-000-271-02-00
001-801-570-O2-43
001-801-570-02-49
401-801-570-02-43
799.33
399.67
~,389.50
3,136.50
2,282.00
Willie Ruth McGrady
Server for Senior ~itizens Blub - 2 weeks
Pay from budgeted funds 320-871-570-O2-5A
Ordinance #73-15, passed 5/15/73
8,007.00
96. O0
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MIkVUTES - REGULAR CITY ~.~UNC-~L MEETING
BOYNTON BEACH, FLORIDA
APRIL 4, 1978
t0, Isiah Andrews $ 1t0.00
Driver for Senior Citizens Club - 2 weeks
Pay from budgeted funds 320-87t-570-02-5A
Ordinance #73-15, passed 5/15/73
Sanmpmp~r Construction~ Inc. 16,154.00
Boynton Jail renovation
Pay from budgeted funds 350-835-570-05-7A
Contract dated t2/9/77
12 Intercounty Constructlon ~st. #17 47,843.79
Water Treatment Plant Expansion
Psy from Atlantic National Bank 1975B Series
Contract dated 7/9/76
13.
Cm~y of Boca Raton - Cooperative Dispatch
Center
Matching Funds/Equipment ~cquisition
Pay from budgeted ~unds 001-801-570-02.79
9,118.34
t4. Gene Moore~ Trustee - Ross & Sons
Re,mortal Lmft St~_on Site
North side of SR 804, West of Congress
Pay from budgeted funds 401-000-161-72.00
37,122.10
M~. Eohl stated that the bills described have been approved
and verified by the department heads involved; checked and
approved for payment by the Finance Denartment; fvuuds are
available in their respective budgets.- He therefore recom-
mends paymsnt of these bills.
Roberts moved to pay our bills, seconded by Mr. DeMarco.
d_s~ussm~n. Motion carried 5-0.
ADJOL~NT
~. Roberts moved to adjourn,
Motion carried
at 10:00 P. M.
AT.ST:
seconded by ~. Caldwetl.
5-0 and the meeting was properly adjourned
.... ~ ~,e cre %8_~y
(Three Tapes )
CITY OF BOYNTON BEACH, FLORIDA
Councilman
Counc iiman
Councilman
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