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Minutes 03-07-78MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, ~RCH 7, 1978 PRESENT Emily M. Jackson, Mayor Edward F. Harmeni~g, Vice N~yor Richard Do Caldwell, Coumcilmam Joseph DeMarco, Comncilm~ David Roberts, Councilman Frank Kohl, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Mayor Jackson called the meeting to order at 7:30 P. Mo ~e a~nounced that the Invocation would be given by City Manager Frank Kohl followed by the Pledge of Allegiance to the Flag led by Cou~cilma~ Richard D. Caldwell and she re- quested everyone to please rise. AGEh~A APPROVAL .Mayor Jackson requested the addition under Old Business, Item B - Reconsideration of Change of Honing for Dr. Charles Simon, which was inadvertently left off,and Me. Kohl informed her this had beenincluded on the agenda for the Council. Mr. Kohl requested the following additions under X. Other: Application for Permit to Solicit for ~he Boynton Beach Ele- mentary School, which he ~st received yesterday and they need it temorrow~ A Policy to Request Permission for the Use of the Council Chambers; an~ Consideratiom of Russell & Axon's Letter J~uRegards to the Bond Issue for Water and Sewer. Mm. Caldwell moved to adopt the agenda as corrected, seconded hy Me. DeMarco. Motion carried 5-0. AN~OUNCEM~J~TS Mayor Jackson announced that the Fiscal Digest listing salar- ies and b~dget information has just been completed and will be back from the printers in about a week and will be on sale in City ~all. Mayor Jackson announced that the next meeting of the South Central Regional Wastewater Treatment & Disposal Board will be held on N~rch 16th at 7:00 P. M. in the Boynton Beach City Hall Council Chambers. Mayor Jackson referred to Jeff Halle dying from leukemia and announced there would be a pancake and sausage breakfast on March ~2 from 8:30 A. M. to 1:00 P. Mo at St. Marks with the proceeds to be donated to the family. Mayor Jackson read a Proclamation proclaiming March 5, ~978, as Palm Beach County Sports Hall of Fame Day. She a~ded that she attended the banquet as well as Mr. DeM~rco and it was ~ery fine to see Rick Rhoden, a native of Boynton Beach, honored in this way. MINUTES - P~GULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 7, 1978 MI~T~ Special Cit~ Council Meetin~ - February 1~, t978 (Tabled) Mr. Harmening moved to take ~hese from the table, seconded by Mr. Oaldwell. Motion carried 5-0. Mr. Roberts referred to Page 5, second paragraph, and re- ferred to the outfall not being in the ocean and he believes he said the Intracoa~tal or Lake Worth. Mmyor Jackson referred to Page 5, first paragraph, and cor- rected "contact" to"contacted". She referred to Page 7 and questioned Mr. Ca, oh's reply of having a written understand- ing and stated she believes it was an oral u~derstanding. Mr. DeMarco replied that he believed it was oral with a written ~nderstanding being forthcoming. Mayor Jackson sug- gested checking this. Mr. Harmening moved tha adoptiom of the Minutes of the Special Meeting of Febr~ry t5 as corrected, seconded hy Mr. Oaldwell. Motion carried 5-0. ~esular Cit~ Council Meetin~ - February 2~ 1978 Mayor Jackson referred to Page 2~ next to last paragraph, and stated she didn't think she said it quite that way and cor- rected it to read: "N~yor Jackson referred to there being a law on the books pertaiming to the fact if it is turned down,'~ Mr. DeMarco moved to accept the minutes as corrected, seconded by Mr. Caldwell. Motion carried 5~0. P~BLIC AUDIENCE M~yor Jackson announced if there was anybody wishing to speak on ar~ item on the agenda to please give their name to Mrs. Padgett and if anyone wished to speak on something not on the agenda, to please come forward at this time to address the Council. Mr. Rubin Lefkowitz, Commissioner of the Housing Authority, appeared before the Council and informed the City Council that the Housing Authority officially met with Oommunity Development of Palm Beach County this morning and they have responded with an official approval to o~r $13,000 proposal for clean-up of the target area. The Eousing A~thority will now embark on a program to im~olve the whole area and hope it will be a complete cleanup of that particular area. BiDS MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACN, FLORIDA MARCH 7, 1978 One (1) Tractor with Front End Loader (Tabled) Roberts moved to take this from the table, seconded by Harmening. Motion carried 5-0. Nm. Kohl informed the Council that the Tabulation Committee has reviewed the specifications for the above with the depart- ment head and have recommended acceptance of the bid from Case Power and Equipment Company of Lake Worth~ lot bid, $10,864.00. The Tabulation Sheet, the proposal and affi- davit from Sase Power and Eqmipment ComDany, and a copy of the memo from Mr. Robert Feltz recommending acceptance of the bid are on file. All legal requirements have been met. Fmnds for the above were budgeted in Account 320-401-540-04-83 im the amount of $11,000.00. He concurs with this recommenda- tion. ¥~.v he have Council's wishes on this matter. Mr. Harmening moved to award the bid to the low bidder for one tractor with front end loader in the amount of $~0,864.00 to Case Power and Equipment Company of Lake ~orth. Mr. De~rco seconded the motion. Ne discussion. Motion carried 5-0. Vehicle Towin~ Service Contract (gabled) ~,~. Roberts referred to the City Manager submitting a request for all bids to be rejected and suggested leaving this on the table. Mr. Kohl replied that he would like approval from the City Council to authorize the City ~m~uager to negotiate for this service for the Cooperative Dispatch Center. Mr. Harmening moved to take this from the table, seconded by Mr. DeM~rco. Motion carried 5-0. Mr. Kohl referred to the Charter not stating we have to award this type of bid under the Charter Rules and therefore, he would like to negotiate with people in our own City. Mr. DeMarco asked if he was referring to a rotating basis and Mr. Kohl replied negatively, but with a group of gentlemen forming a corporation, which they have done. Mr. DeF~rco questioned if it was a group of people or a new company and Mr. Kohl replied that approximately five or six people have businesses in the City of Boynton Beach and he thinks this is where the business should go. He added that according to the ~harter, the City Manager can do this with approval of the City Council. Mr. Roberts aske~ if anyone was being slighted and ~m. Kohl replied affirmatively, but these people have formed a company and if they want to do it and we can come to arrangements with tow charges and fair fees, he thin~ we should do it. Mr. Harmening moved to accept the City ~ianager,s recommenda- tion to negotiate for towing service for the Cooperative Dis- patch Center, seconded by Mr. Roberts. Mr. Ko~l added that he would like the bids to be rejected ~ud Mr. Harmening made MINUTES - REGU .LAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~RCH 7, 1978 the addition to his motion that all previous bidders for the Cooperative Dispatch Center Bids be rejected, seconded by Mr. Roberts. Under discussion, Mr. Caldwell referred to this lng ~Tr. Kohl,s original recommendation and Mr. Kohl agreed, but explained how this was the proper procedure to follow ac- cording to the Charter. Mr. DeMarco stated he can see where we should keep it in town, but he does not think anyone should be slighted and not given a fair chance. Mayor Jackson as~ if eweryone was welcome in this group and .Mr. Kohl replied negatively. ~s. Caldwell referred to granting a franchise and Mr. Kohl replied that we would be keepings' it in tow~ Notion carried 5-0. Two (2) Rest Room Shelter Buildings Mr. Kohl informed the Council that bids for the two rest room shelter buildings (Galaxy Park and Pioneer Park) were opened on T~esday, February 28, 1978, at 2:00 P. M. in the office of our ~rchasing Agent. The Tabulation Committee recommends acceptance of the low bid from E. N. Rita Enter- prises for one rest room building at Galaxy Park and one at Pioneer Park for the sum of $19,573.00 each, total $39,146.00. A copy of the Tabulation Sheet, and proposal ~nd a~fidavit signed by Mr. Eugene N. Rita, President of E. N. Rita Enter- prises, Inc. are on file. All legal reqnirements have been met. Funds are available: Galaxy Park, ED~ Account 350-835- 570-05.72; Pioneer Park Acconnt 30~-000-247-7200. He concurs with the recommendation of the Tabulation Committee. He added that this was being paid for by the government. Mr. Caldwell moved approval of the bid to E. N. Rita Enter- prises in the amount of $39,146.00. Mr. Harmening seconded the motion. Under discussion, Mr. Harmening questioned the approximate square feet in these buildings and referred to the price being high for bathrooms. Ns. Kohl replied that he would obtain this information for him tomorrow and added that he recalled the buildings would have a concession or other Building for equipment other than just restrooms. Motio~ carried 5-0. .One (1) New Brush Truck (Fire Department) Kohl advised that the specifications were reviewed. Ms. Harmening moved to table this, Caldwello Motion carrie~ 5-0. still being seconded By Containers (Sanitation Department) ~. Kohl informed the Council that bids on the above were opened on Tuesday, February 28, 1978, at 4:00 P. M. in the office of our Purchasing Agent. The Tabulation Committee recommends acceptance of the bid from Mitrani Industries, MINUTES ~ REGUI~AR CI~T~ COUNCIL ~ETIRG BOYNTON BEACH, FLORIDA ~L~CH 7, 1978 !nco, d/b/a Enro Steel Containers of Miami because of the delivery situation° Enro will deliver any amomnt required, the other bidders require full truckloads for delivery. ?ais is what we have been doing year after year intthe City. A copy of the Tabulation Sheet, proposal and affidavit, signed by Mr. Vietsr M~trani, President of Mitrani Industries, Inc., are on file. All legal requirements have been met. Funds for the above are available in Account 00~-32~-530-04-~1. Mr. DeM~rco moved to accept the bid from Mitrami Industries, inc.~ d/h/a Enro Steel Containters of Miami, inasmuch as they are delivering whatever ~uantity we want. Mr. Caldwell seconded the motion. No discussion. Motion carried 5-0. .~rdinances - 2nd Readin$ - P~blic Hearing Proposed Ordinance No. 78~6 - Re: Amending Article V, Section 2t-87, ProvidrDag for Survivor Benefits ~nder Municilml ~olice O~cers Retirement ~and F~. Moore read proposed Ordinance No. 78-6 by caption on second reading. ~yor Jackson asked if there was anyone in the audience wish- ing to speak in favor of this ordinance and received no re- sponse. She asked if there was anyone wishing to speak in opposition to this ordinance an~ received no response. ~. H~menin~ moved the adoption on second reading of Ordi- nance No. 78 6, seconded by Mr. Caldwell. Eo discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman DeMarce Aye Vice Mayor Harmening Aye Mayor Jackson Aye ~ouncilman Roberts - Aye Councilman Caldwell - Aye Motion carried 5-0. Proposed ~rdinance No. 78-7 - Re: Amending Article VI, Section 21-93, Providing for Survivor Benefits ~nder Municipal Firemen's Retirement Fund Mr. Moore read proposed Ordinsmce No. 78-7 by caption on second reading. Mayor Jackson asked if there was anyone in the audience wish- ing to spesuk in favor of this ordinance and received no re- sponse. She asked if there was anyone in the audience wishing to speak in opposition to this ordina~uce and received no response. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON ~EACH , FLORIDA ~AROH 7, 1978 Mr. Roberts moved the adoption of Ordinance No. 78-7, seconded by Mr. Harmening. No discussion. Mrs. Padgett took a roll call vote-on the motion as follows: Vice Mayor Harmening - Aye ~yor Jackson - Aye Councilman RoBerts - Aye Councilman Caldwelt Aye Councilman DeMarco - Aye Motion carried 5-0. Proposed Ordinance No. 78-8 - Re: Repealing Section 6-8, Abolishiug Position of Cemete~ Sexton Mr. Moore rsad proposed Ordir~ance No. 78-8 By captio~ on second reading. Mayor Jackson asked if ~here was anyone in the audience wishing to speak in favor of this ordinance and received no response. She aske~ if anyone wished to speak in opposition to this ordi- nance an~ received no response. Mr. He~mening moved the adoption of Ordinance No. 78-8 on second and f~ual reading, seconded by Mr. DeN~rcoo No dis- cussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts - Aye Councilman Caldwell - Aye Councilman De~rco - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Motion carried 5-0. Ordinances - ~st Reading Proposed Ordinance No. 78-10 - Re: Rezoning Parcels Located in Section 21, Township ~5 South, Range 43 East, From Zone R-2 to Zone R-3 (Ansell Jefferies, Jr.) ~ Moore informed the Council that this was in reference to Mr. Ansell Jefferies, Jr. rezoning request which was previ- ously approved by the City Council at the public hearing held at the last meeting and he read Ordinance No. 78-10 by caption on first reading. ~. DeMarco moved the adoption of Ordinance No. 78-10 on first reading, seconded by Mr. Ealdwell. Under discussion, Mr. Harmening stated he voted against this last week at the pmbIic hearing and will again. He feels the odds against this not becoming a slum are fairly slim. He referred to there ~Se~ Min. being a history of these types of developments and stated he of 3/21/78 didn,t think this was a good place to cultivate a slum. -6- MINDTES - REGULAR CIT~ COUNCIL -MEETING MARCH ?, 1978 BOYNTON BEACH, FLORIDA Mrs. Padgett took a roll call vote on the motion as follows: Councilman Caldwell - Aye Councilman De~rco - Aye Vice ~W4~yor Harmening - No Mayor Jacksom - Aye Councilman Roberts - Aye Motion carried 4-1o Proposed Ordinance No. 78-11 - Re: Authorizing Conditional Use for a BoatSales Agency 9n Parcel Locat_~i inlet 5, Sam Brown Jr~s -~S~div~sien (Thomas Boffe~ Gulfstream Marina) Mr. Moore read propose~ Ordinance No. 78-11 By caption om first reading and clarified that it covered the proposed comditiomal use grante~ to Mr. Tom Beffey at the last meeting. N~. Caldwell moved the adoption of Ordinance No. 78-~1 e~ first rea~ing, seconded h~Mr. Harmeming. No discussion. N~s. Padgett took a roll call vote on the motion as follows: Councilma~ DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson ~ Aye Councilman Roberts - Aye Councilman Caldwell - Aye Motion carrie~ 5-0. PUBLIC HEARING - 8:00 P. M. Rezoning Request Description: Location: Applicant: Section 17 & 18, Township 45 South, Range 43 East Within the Boundary of the Development Plan of the Sandhill Project~ Bounded on the South hy the Boynton Canal; on the ~est by Congress; om the North by North City Limits and on the East by Extension of High Ridge Road Riteco Development Cor~poration Mr. Bud Post, Post,Buckley, Echuh ~ Jernigan, appeared ~efore the Council representing the Riteco Development Corporatio~ and informed them that Mr, Howard Riley, the President of Riteco, has owned the property o~tlined since 1972 and con- siders it the appropriate time to move ahead in the develop- ment to a first grade community. He then introduced Mr. Howard Riley. MINUTES - REGULAR CITY COUNCIL MEETING BOYNT0~ BEACH, FLORIDA M~CH 7, 1978 Mayer Jackson referred to the Council all attending a pre- sentation which took about two hours last week and stated she was assured this would be a condensed version which the Oouncil will be interested in. Mr. Howard Riley thamked the Council for taking the time to attend the zoning meeting to hear the full presentation. He stated that he is proud of the staff ~ho prepared this presentatiom and ~hey have worked hard for 1~ momthS. He appreciates the Oouncll's considera- tion. ~. Bud Post then told about his firm's experience in major developments during the past 18 years~im the South Florida area. Ne stated that no v~ria~aes ha~e been requested and they have complie~ completely with the zoning ordinances and regulations because they feel they are fair an~ well pre- pared. ~ney are present tonight to present a comprehensive and complete plan for a first rate development in the City of Boymton Beach. He them introduced ~. Roy Barden and told about his education and experience. Mr. Roy Bardon located the pro boundaries and adjacent zoning the City staff to meet the obj. that the plan has a gross dens~ arrived at in conformity with to the enwironmental aspects o. it was their objective to prot~ He exploited how the master pl~ uses which are mostl~ single f~ monte and townhouses. He trict neighborhoods and nmcle~s of the neighborhood to serve the entire project strian ways. He referred to ing the requirements of the pointed o~t a public park to The l~kes will be maintained association with access assure~ cial area at Congress and 22n~ with ~ikeways s~ud pedestrian ~ ferred to the project being de year period and stated that th~ built £irst. He then explaine~ fications proposed. He reFerr~ ~ct on a map pointing out the Re told about working with ~tives o~ the Oity and stated ~ty of 4.8 per acre which was ~he City staff. He referre~ i the land and exnlained how ~ct the features ~hich exist. ~n included a variety of land · with a mixture of apart- how there would be dis-. He pointed out that the be a tennis and bath club with ~ikeways and pede- park amd lake system exceed- regulations and adjacent to the clubhouse. owned hy the homeowners ~. He pointed out a commer- Avenue to serve the project ~s leading to itc He re- 'eloped in phases over a ten ~ south neighborhood would be the various zoning classi- ~d to the system of l~kes and explained how drainage retenti~n would be accomplished. He ~d~ised that water ~ud sewer service are available, electric and telephone services will be provided by the franch~ed compares, soli~ w~te, police and fire has been worked ou~ ~ith the City staff~ The impact of the school system has been addressed and ~here is a tentative agreement that the owner will provide a monetary contributiom to the School Board u~ing the School Board formula° The impact of MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~RCH 7, 1978 traffic has been carefully ana~yizsd and reviewed by the Cit~ staff and the owner has agreed to meet his fair sh~e. They view the site as having unique characteristics and feel this project as a pl_a~.,ned open space, mixed use development will compliment the City of Boynton Beach. They appreciate the cooperation the City staff has offered them. ~M. Bud Post then requested Mr. Bill Pruitt to review the statistics in regards to schools and traffic, ~. Pruitt referred to being zn contact with the School Board Attorney and advised that a contract agreement has Been drafted be- tween Riteco and the School Board ~hich is in the process of being finalized~and it is in ~ccord to 2he dollar amounts. As far as traffic analysis, thsy are in accord with the County on the traffic in this mrea. A letter is being drafted Base~ on the County's suggestiens~fs~ improvements, dollar contributions an~ timing of thrum, in accord with the ~eunty and School Board, agreements a:,e in the process of being f nalmzed. Mr. DeMarco referred to the f~ he thinks it is the consensus ~ any funds deriwed from this su] tirely in Boynton Beach proper Pruitt informed him that the l~ the greater Boynton Beach area than that. ~M. Caldwell sugge~ monies will be spent within th~ of Boynton Beach and the west~ asked if the figure was still price and Mr. Pruitt replied ~d for the school and stated ~f opinion of the Council that ~division are to be used eh- and no other areas and Mr. ~nguage on the firt draft said but it wilt be made tighter ted defining it that said north and south boundaries 'n reserve areas° M~. Harmening 4 of 1% of the gross sales 'firmatively. ~M. Post stated that they haye met all the rules and regula- tions and the Pla~_uing & Zoning Board has recommended appro- val of rezoning and annexation, He respectfully requests the City Council approve the rezoning application and annexation a~d.he realizes they may want ~o make it subject to the com- p±etlon of negotiations with the School Board and the traffic agreement. .Mr. Roberts referred to th? price of the homes and ~. Post mnformed him that a market~ng plan ha~ not been developed in detail but explained that they would be essentially middle class s~gle family homes. F~, Robert~ referred to street~ and sidewalks and Mr. Post ~nformed hmm they would be.hui%t accordmng to City regula- tions. Mr. Roberts asked if t~e streets in the p~oject would bs dedicated to the City with ~wales an~ sidewal~ and Mr. Post replied affirmatively. M?. Roberts referred to drainage and ~. Post informed him that swales are part of the drainage' system, but there will also be piping in certain areas. MINUTES - REGULAR CITY COUNCIL Mi~ET!NG BOYNTON BEACH, FLORIDA ~t~RCH 7, 1978 Mr. Roberts asked if the multiple dwellings would be inter- mingled with the single homes and Mr. Post replied negatively° ¥~. Roberts asked if there would be individual homeowners associations or intermingling between them and Mr. Bardon explained how there would be a separate homeowners associa- tion Cor each pod with am overall homeowners association for the entire _uroject to maintain the lakes and parks° H~. Roberts referred to litigation taking place in Leisureville regarding homeowners associations for the apartments and homes and suggested the~ lock into this and Pit. Post replied that they appreciated these comments, hut they have had some experience and will do the ~est job they cam to put home- owners associations together and hopefully will avoid pro- hlems others have experienced. Mayor Jackson referred tohhaving P.I.D. and P.U.D. and ques- tioned what a P.O.D. was and M~. Bardon replied that it was a mixed use development with pods indicating the various tracts. Mayor Jackson asked if a regional impact study was made and Mr. Post explained that this development did not infringe on regional impact° Mr. Roberts referred to frequent blackouts in the Leisure- vills area and asked if they had checked about the supply from Florida Power & Light Co. and M~. Post replied that Florida Power & Light Co. had assured them they could pro- vide the service. Mayor Jackson asked if anyone in the audience wished to speak in favor of this request. Col, Albert Worrell appeared before the Council and referred to being a member of the Planning & Zoning Board in the past and questioned the percentage of townhouses planned. He re- ferred to having some unfortunate experience with putting townhouses in the midst of other areas. Mr~ Post explained that they only had multi-family zoning noted at this point, hut each sub-tract will have to be approved by the City and at that time, the mix will be presented. ~r. Roberts added that a large book had been presented with the application spelling out in detail the single and multi-family areas and he hopes the City will make them comply to it. M~. Howard Johnson, representing the Palm Beach County School System, appeared before the Council and advised that the School System and the developer had agreed to conceptual agreements as to the dollar amonnt and the way the contract should be written. He added that as requested, these funds will be allocated mather specifically to the Boynton Beach area or reserve annexation area. He asked if the City would be willing to enter an agreement with the School Board where -10- MINUTES - REGUIJ~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA EARCH 7, 1978 the City would assist by supplying them with plats, building data and permit information. ~. DeN~rco replied that the City has never turned the School Board down. N~. Harmening asked if he was talking about a~ ongoing report on this pro- ject and Mr. Johnson replied that they would certaiuly appre- ciate the plat information as it is filed, bnilding permits, etc. Mayor Jackson replied that this was done all the time. Mr. Kenaeth King, 195 South Boulevard, appeared before the Council and asked if there was an estimate of the population when this project is completed and Mr. Post informed him there would be 2,600 dwelling units with a projected popula- tion for 7,095 persons total for single family and multi- family units. N~, Kane clarified that it was a ten year project and Mrs Post agreed and explained that it was pro- jected to build 260 units per year at an average of 20 per month. Nm. ~a~snd Titman, N. W. 8th Street, appeared before the Council and referred to the map indicating a circle and asked if this was a provision for a 9th Street b~idge over the canal and Mayor Jackson replied that no bridge was pl~uned. Mr. Titman asked if a bridge was projected in the future and N~. Post replied that they did not want a bridge as it did not represent good planning for the Riteco area or the area to the south. He explained that the circle on the map indicated a cul-de-sa6 at the end of the street with an easement going to the canal for the force main. Mm. yor Jackson asked if anyone wished to speak in opposition. Ms. Dorothy Priebe appeared before the Council and questioned the size of the lots &nd square footage of the dwellings being built and Mr. Post informed her they would be accord- ·ng to the s~bdivision regulations which is 8,000 sq. feet per lot. They are planning for a lot size~ of about 80 x ~00 ft. with deeper lots along the lakes. They do not have a set program for the square footage of the houses, but they will be in the moderate price range and of moderate size. Mr. DeMarco made a motion that the City Council accept the Sandhill Project bo be developed by Riteco Development Com- pany per their applicatio~ for rezoning and recommend the rezoning of Sections 17 and 18, Township 45South, Range 43 East, Tracts A thru H, from R-~AAA to R-~AA, R-3, CO, C-1, and 0-3, subject to those applicable portions of the Techni- cal Review Board,s comments, and that the developer consnm- mate agreements with the Palm Beach County School Board to provide a dollar fee based on unit sales price for schools to ~e ~uilt to service this development, and concerning traffic that the developer sign agreements with the City predicated by the traffic s~alysis being forthcoming. Mr. Caldwell seconded the motion. Under discussion, Mayor *See Min. of 3/21/7 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NARCH 7, 1978 Jackson suggested that a copy of the book submitted with the application be available at the library and City Clerk's office. ~. Caldwell thamked the representatives for their presentation and added that he was impressed. Mr. DeMarco and Mayor Jackson also remarked about the good presentation. ~. Moore referred to the motion referring to dealing wi~h land in Secti~n 18 and advised that actually the parcel we are dealing with now is Section 17 and 20. The ordinance correct lyre£1ects the property descriptions. Mr. DeN~rco corrected the section to Sectien 20 in the motion, seconded by Mr. Caldwell. FLw. Moore read Ordinance No. 78%12 and adv, ised that he took the identical parcels and appended th~m to the ordinance, also appended is thelanguage that the zonmng change is suhje6t to the Planning & Zoning Board minutes making reference to the agreements to the impact on schools and roads, and the Boynton Beach City staff recommendations. ~. Caldwell moved to adopt ~rdinance NO. ~8-~2, seconded by Mr. DeMd~co. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Jackson - Aye CouncilmamRoberts - Aye Coumcilman Caldwell Aye Councilman DeMarco - Aye Motion carried 5-0, Mr. Roberts asked if any consideratiom had been given to using some of the lakes for the watering of the lands and N~. Harmening replied that there was a staff request included for an easement for that p'~pose and N~. Post added that this had been provided for. Mr. Post clarified that the rezoning had been approved subject to the agreements being finalized and Mayor Jackson replied that the ordinance has ~een approved on first reading and the second reading will be in two weeks. Mr. Post referred to the annexatio~ and Mayor Jackson informed him this was a sepa- rate item on the agenda. Mr. Post referred to the possibility of encountering difficulties regarding the monetary contribu- tion to the School Board and asked if the Council would be in agreement if they went the other route and donate a site? ~. Roberts referred to the site being within the limits of Boynton Beach and Mayor Jackson replied that it would be part of this property. ~r. Post informed them that it might be just outside the City limits. Mr~ Roberts clarified that he meant the City limits or reserve annexation area and F~. Post agreed. ~ayor Jackson stated that it would have to be approved by the Council and ~. Moore agreed because this approval is based on a dollar figure now. Mr. Post advised that he would keep them informed. M~. Caldwell agreed there possibly could MINUTES - REOULAR CITY COUECIL N~ETING BOYNTON BEACH, FLORIDA ~RCH 7, 1978 be some difficulty and referred to the planners projecti~gthe center of town to be Congress Avenue with the population growing faster westward than morthward and suggested possibly a la~d swap could be arranged in the futt~we for the school. He would have no objection to it if it comes down to that. M~Yor Jackson referred to the legality and Mr. Moore replied that he was mot distur~eM at this point as the representative from the School Board said they fe~l it will he worked eat. Mr. Harmeni~gsuggested discussing it at a later date if an agreement is mot reached. Abatement of Hazardous Gomditions Description: Location: Owners: Palm Beach Country Club Estates - Lots 23 and 24, Block 2 North Seacrest Boulevard Douglas L. & James L. Freemam Mmyor Jack, on asked if amyone ~ished to speak in favor of this abatement and received no response. Mr. Moore referred to the City processing this and advised that the purpose of the hearing is for the owners to show cause why we should mot proceed. Mayor Jackson asked if anyone wished to speak aga~ust this ~ud received no response. ~. Roberts moved to instruct the City Manager to proceed with this abatement of haze_wdous conditions at Palm Beach Country Club Estates, Lots 23 and 24, Block 2, ~wned by Douglas L. & James L. Freeman, seconded by Mr. Harmemimg. No discussion. Motion carried 5-0. LEGAL Ordinances - ?st Raiding (Cont.) Proposed Ordinance Ne. 78- Conformin~ Lots Re: Amendment Pertaining to Non- Mayor Jackson referred to ~. Moore being requested to come back with a recommendation and Mr. Moore referred to ~he pass- age of the recent ordinance eliminating most of the problems and advised that the intent of this amendment weald not allow a man to mss an individual platte~ lot not meeting standards. M~. Roberts referred to the ordinance passed giving the right to bmild to an owner of a platted lot, but if the ownership changes, he would be stuck with it or have to apply for relief. He does not see any r~asen for denying anybody the right to build on a lot already platted and thinks we have done our part by shutting the door on further development except on those already in existence. ~. DeMarco agreed a~ud suggested leaving the law as it is for the time being to see how it works. N~. Caldwell stated he was concerned with the possi- bility of an individual owning several 50 ft. lots and develop~ lng them in spite of upgrading the zoning throughout the City. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~RCH 7, 1978 Now we find ourselves in a situation saying we have gone so far and not go all the way. He feels we are not demonstrat- ing good faith to all the residents of the City. He suggests considering this proposed amendment. Mr. Roberts asked if he would divide three lots into two and Mr. Caldwell referred to what the City was trying to accomplish and asked if we were upgrading neighhorho0ds or going to allow sections that were platted without perhaps the hest foresight to remain uncor- rected according to the times in which we live. Mr. Roberts referred to the legal ramifications and Mayor Jackson replied that we would be taking action on something which has happened already and she thinks we would be getting into a Jam. Mr. Moore referred to discussing this in depth and advised there was an area of law ia which this would interfere. Amy restric- tion on a man's right is u~der police l~wer. They have the authority _to pass this amendment, hut there are many cases which caution him in advising that we could end up with rami- fications and could with the one already passe~o If an in- dividual 50 ft. lot or su~-standard lot gets into ownership, there are basic cases where you cannot de~y a man the mss of the property. Me. Caldwell moved to adopt the proposed ordinance presented to the Council by the residents of the La~rel H~s Homeowners Association. ~ayor Jackson ascertained this motion died for lack of a second. Resolutions Proposed Resolution Ne. 78-R - Re: Demolition of Structure and Clearing of Land in Conjunction with Community Develop- ment Project Mr. Moore explained that this was a demolition in con~nction with the County on the premises located at 1309 N. E. Railroad Avenue. Mr. De~rco moved the adoption of Resolution No. 78-R~ seconded by ~, Harmening. ~o discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson - ~je Motion carried 5-0. Other MINUTES - REGULAR CITY COUNCIL MEETING MARCH 7, 1978 BOYNTON BEACH, FLORIDA Consider Establishment of Speed Limit on Boynton West Road Mr. Kohl read the attached letter dated February 17 from the Office of the County Engineer. Mayor Jack, on clarified that the City Attorney must prepare a resolution. ~. Moore referred to the Traffic Engineer establishing the s~eed limits and Mayor Jack~on referred to the letter requesting it to be done by resolution sent to the Beard of Co~ty Com- missioners. Mr. DeMarce moved the adoptie~ ef Reselutiom NO. 78-8 to be prepared by the Gity Attorney and forwarded to the County with reference to establishing a 40 M~t~ speed ~imit on Boynton West Road, seconded by .Mr. Galdwell. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Caldwell - Aye Councilman DeMarco - Vice Mayor HarmeRing - Aye Mayor Jack, on - Councilmaa Roberts - Aye Motion carried 5-0. Consider Request of Teleprompter Corooratio~ Mr. Kohl referred to a long letter being submitted from the attorney for TelePTompTer Corporation and advised that re- presentatives were present. ~. Grover C. Herring, Attorney for TelePrompTer Corporation, appeared before the Council and advised that he wrote the long letter hoping to keep the presentation down as brief3 as possible. Meyer Jackson replied that the Council had all read the letter. Mr. Herring then introduced the officials of the company. He told a~out cable television being started in the 1960's with the FCC reguiring cable companies to be franchised. He referred to the reports submitted regarding losses suffered by the compaq. He referred to an increase being granted in 1975 and explained that the FCC decision now made it an option whether municipalities regulate the rates. They feel it would be best to deregulate on an exper- imental basis. If the company gets out of hand, the measure could be re-enacted. He referred to several areas deregula- ting and suggested that it would be desirable for the fair market price to determine the cost for this service. Mayor Jackson asked if there was any particular segment where the bulk of the business comes from and M~. Terry Meyerin$ ~sPrem~Ter~ul~dit was mostly residential with about 17% penetration in the City with approximately 1,700 homes ~s~hscrihing, which is very low. M~. Herring added that the reason was with being close to Miami, the antenna service is better. MINUTES - REGULAR CITY COUNCIL ~ETIN~ BOYNTON BEACH, ~WLORIDA MARCH 7, 1978 Mr. Roberts asked how much we rea!imed now and Mr. Kohl re- plied $12,500. ~. Roberts referred to regulation affecting this and NE. Kohl replied that the fee would still be paid. Mr. Meyeri~g added that the company would make small incre- ments from time to time and as the revenue increases, ~o does the tax. M~. DeMarco asked what economical group was the largest group of subscribers aod M~. Herring replied that there was no way of determining that~ M~o Ron Rand, Assistant ~nager, told about conducting an analysis about three months ago and determim~ that the people come from a cross-sectiom from no particular group. Mr. DeMarce asked if we were deriving anything from the home box office ~d Mr. Herring replied that was ~re-empted by the FCC. Mr. Caldwell referred to the current rate structure and Mr. Meyering informed him the basic rate was $7.50 here and in other areas of the County, a second set is $~.00 er $2.00 more, and $14.95 for the hookup. M~r. Caldwell asked what they anticipated the charges to go to upon deregulation by the City and Mr. Meyering replied that they have no plans to adjust the rates, but after the sumpter may adjust them upward slightly. They ~uticipate going no higher th~u $7.95 and the installation would be $19.95. He added that the $7.50 subscribers, rate ~as the same rate charged throughout Palm Beach County by their 16 franchises. Mayor Jackson referred to the County turning down their quest and Mr. Herring replied that the County did not pass the ordinance. He explained that the full Commissiom was not present ~ud they expect it to he reconsidered next week when the full Commission will be present. M~o Caldwell referred to the government keeping their hands out of private enterprises and moved to deregulate the Tele- PrompTer service, seconded by Mr. Roberts. Ro discussion. Motion carried 5-0. I~. Moore read p~posed Ordinance No. 78-~3 by caption. t~m. Caldwell moved the adoption of Ordinance No. 78-13 on first reading, seconded by Mr. Roberts. No discussion. M~s. Padgett took a roll call vote on the motion as follows: Councilman De~rco - Aye Vice Mayor Harmening ~ Aye Mayor Jackson - Aye Councilman Roberts - Aye Councilma~ Caldwell - Aye Motion carried 5-0. MINUTES - REGULAR CITY CO~MCIL MEETING MARCH 7, 1978 BOYNTON BEACH, FLORIDA OLD BUSINESS Consider Acquisition of Property for Regional Lift Station Site Mr. Kohl referred to copies being submitted to.'the Council of appraisals for property located on State Road 804, west of Congress Avenme, which is still available. As they are aware, the City is ~till in need of obtaining property for li~t sta- tions and he respectfully requests their permission to pre- coed with negotiations in accorda~nce with the requirements of the Environmental Protection Agency, Also, at this time, he respectfully requests their permission to start negotiations for property located at the east end cf E. E, 2nd Aven~e for the same p~poses. May he have Co~mcil's wishes please. He added that we have to proceed post-haste. Mr. Caldwell moved to direct the City ~mager to take the necessary steps to acq ~re the !and necessary for the lift stations as recommended, seconded by Mr. Roberts. Mr. Kohl clarified that there were two parcels, one e~ East 2nd Avenue and one at Congress and 804° Under discussion, ~_r. Roberts asked how many parcels were involved and Ne. Kohl replied that we are trying to buy land for two lift stations. Mr. Kohl explained that two appraisals were given for the one parcel, hut according to EP~ requirements, we must accept the one appraisal with the owner, but we are trying to get the owner to come down if possible. Mr. Roberts asked if EP~ was paying for it and Mr. Kohl replied that EPA is pay- ing 75% of the grant for the transmission lines and Mr. Tom Clark clarified that EPA pays 75% on the construction, hut not for the site. There wa~ further discussion about the appraisals and N~. Kohl requested %he ~pportunity to talk to the people. Motion carried 5-0. Reconsider Dr. Charles Simon'S Applicatio~ for Rezo~g ~, Ernest Simon, attorney representing Dr. Charles Simon, appeared ~efore the COuncil and e~pressed appreci~tion for granting this reconsideration. He stated he would like the Council to be aware of some of the factors. He distributed a sketch and explained ~he location of the property. He explained the various zonings in the area and submitted photographs of the adjacent areas~ He referred to this property being vacant and explained how it was cornered into the City limits by the church to the north. The only residential touching this property is owned by the parents of Dr. Simon and him~elfo Their parents have joined with others within the 400 ft. area and signed a petition in favor of this request. He told about the traffic at this corner and how the lot was used for the disposal of trash. He clarified that Dr. Simon was requesting the zoning to M!NUT~8 - REGU~ CITY COUNCIL ~'EETiNG BOYNTON BEACH, FLORIDA MARCH 7, 1978 be cha~ged from R-IA residential to C-1 to permit the con- struction of a small professional building. He stressed that it would be in keeping with the area and would uot offend his parents living next door. The most important aspect is that it is surrounded by these various develop- ments and closed in by the church so there is a natural C-1 barrier between this parcel and any parcels to the north~ Unless the rezoning is granted, the land cannot be reasonably used. He knows there were some fears of spot zoning~ but this is reverse because what has Been developed has spotted him in an unusable classification. He is not asking to re- zone a large tract, hut only to use the land for a professional office building, The traffic generated By that would be a drop in the Bu6ket to that which is already there. Ee the~ thanked the Council for their consideration and attention and invited any questions regarding the plan or property. Mr. DeMarco made a motion to rezone this from R-tA to C-I at 3650 South Seacrest Boulevard, seconded by Mr. Roberts. Under discussion, Mr. Roberts referred to the action taken previously 8~d told about visiting the site to clarify the location and with the church and dwelling to the north, he feels his decision previously was wrong to reject it. He was in favor of having it reconsidered and i~ favor of having this corner by itself in the midst of traffic for a C--~ building which is not too drastic a change under the circum- stances. Nm. Caldwell asked if there was a street immediately to the east of this property and F~. Simon informed him that immediately to the east, there are two houses and then a street; it was previously a dedicated right-of-way which was abandoned. Mayor Jackson stated if she had ~jthing to say abo~t the zoning south of there~ she would not have allowed what was buil~ there, but she did not have anything to say about it. As far as the ch'u~rch, it is there, But all the rest of the area to the north for a long ways is residential and the people bought in good faith ho~ing it would remain residential and she still feels it should remain that way. ~m. Roberts agreed that it should remain residential to the north, but the church breaks the continuity. Mr. Harmening referred to the petition submitted by the people being in favor ~ud stated he saw no objection. Mr. Caldwell referred to the possibility of Gulfstream Boulevard going commercial all the way down. Notion carried 3-2 with Mr. Caldwell and Mayor Jac¥~on dissenting. Mm. Moore read proposed Ordinance No. 78-3 regarding the re- zoning of this property. Mr. Harmening moved the adoption of Ordinance No. 78-3 on first reading, seconded by ~. De~rco. No discussion. Mrs. Padgett took a roll call vote on this motion as follows: MINUTES - REGUI~R CITY COUNCIL MEETING BO~NTON BEACH ~ FLORIDA MARCH 7, 1978 Vice Mayor Harmening - Aye Mayor Jack~on - No Councilman Roberts - ~ye Councilman Caldwell - Aye Councilman De~rce Aye Motion carried 4-I. BUSINESS Discuss State Statmte Re: Unobstructed Windshields - Council- ma~David Roberts ~m. Roberts announced that this item does not require Council action, b~t is for edification of all drivers because of ques- tions p~t to him since he has been working with the AARP. The question has been asked of him mamy times about the sticking of decals on the wi~dshiel~ and also the glare proof material they se~l to keep the sun out of your eyes. He cou!~ mot find an answer, but was referred to a State Statmte and read the part stating that no sign or transpar- ent material is allowed on the windows other than certificates or other papers required to be displayed by law. This was brought up about the beach decals and that is provide~ by law. Other material and decals are definit*l~ot allowed. ~DMiNISTRATIt~E ~o~s~d~r A~n~xation & Zoning Request Submitted by Rit~co e~e~o~ment corporation in Oonjunction with the Sandhml! Development ~. Roberts moved to approve th~s annexation and zoning re- quest and have it take its regular course, seconded By Mro Oaldwell. No discussion~ Motion carried 5-0. Consider Recommendation from Planning & Zoning Board - Pro- posed Oount~ L~ud Use Plan for Reserve ~xmtion Area Mr. Roberts stated he was not sure whether he knew what this was all about and ~yor Jackson agreed that she didn't also and suggested possibly tabling this and sending it back to the ~lann~ug & Zoning Board for clarification. Mr. Roberts moved to put this on the table, seconded by Mr. DeMarco~ Motion carried 5-0. .Oonsider Site Development Plans: Donal~d Fackler for Gulfstream Lumber to Move One Storage Building and to Construct au Additional Storage Building at ~415 South Federal Highway ~o Kohl informed the Council that at the re~mlar meeting of the Planning & Zoning Board of February 28, 1978, the Board MINUTES - REGULAR CITY COUNCIL MEETi~NG BOYNTON BEACH, FLORIDA ~I~RCH 7, 1978 unanimously recommended approval of the site development plans submitted by Donald Fackler for Gulfstream L~,~mber noting that the basis of this approval is the variance received by the applicant te move a non-conforming use and to construct a non- conforming use° A copy of the Board of Adjustment minutes for their meeting of Jan~mry 16~ 1978, was submitted. The motion to approve was made by M~. Lambert and seconded by ~. Arena of the Planning & Zoning Board. Mr. Caldwell moved approval of the site plans as laid before the Plan~i~g & Zoning Board and this Co~cil f~r %he moving DeMarco. No discussion. Motion carried 5-0. ~ard A. Cummings for West Boyntom National Bank to Exten~ a Canopy Over the Drive-in Banking Facility at 333 North C~n~ess Avenue M~. Kohl informed the ~ouncil that at the Planning & Zoning Board's regular meeting of February 28, ~978, the Board unani- mously recommended approval o£ the ~ite development plans submitted by Ward Cummings for a canopy extension at the West Boynton National Bs~k. The motion to approve was made by Col. Trauger and seconded by M~. Lambert. May he please have Council,s wishes on this matter° M~. DeMarco made a motion to approve this plan to extend a canopy over the drive-i~ banking facility at 333 No Congress Avenme, seconded by M~. Harmening. Under discussion, Harmening asked abo~t the negotiations on little things like this going before the Plar~uing & Zoning Board and Mr. Kohl informed him that he sent a letter to the Planning & Zoning Board memhers and Technical'Review Board members this week requesting a meeting. Mr. Caldwell stated he was in agree- ment that there was no need for something like this to be reviewed by the Board. Motion carried 5-0~ Gene Moore for First Financial Plaza for an Office & Commercial B~ilding on N. E. 6th Court F~. Kohl informed the Council that the Planning & Zoning Board at their regular meeting of February 14, 1978, unani- mously recommended that the revised site plans submitted by Gene Moore be approved subject to submitting revised archi- tectural plans for the three-story building, paving and drainage plans with elevations, and submission of plans for extension of sewer line on N. E. 6th Court to service pro- perty. The motion to ~pprove was made by M~. Arena and seconded by Mrs. Huckie. May he have Council's wishes on this matter. ~20- MIN~S - REGU ~L~R CITY COUNCIL ~ET!NG BOYNTON BEACH, FLORIDA ~RCH 7, 1978 Mr. Caldwell moved the approval of the revised site plans for the First Financial Plaza for this particular piece of land, seconded by N~. DeMarco. No discussion. Motion carried 5-0. Joseph Cogan for Cranbrook Lake Estates Pla~ed Unit Development for a Gatehonse, Recreation Area & Model ~Omes Mr. Kohl informed the Council that the Plam~ing & Zoning Board at their regular meeting of February 14, 1978, unanimously recommended that the site plans submitted by Joseph Gogan be approved subject to submission of final paving and drainage pla~s. The motion to approve was made by Gel. Trauger and seconded by Mr. Winter. ~ he have Council's wishes on this matter. ~. Harmening moved to accept the Planning & Zoning Board,s recommendation for Oranbrook Lake Estates Planned Unit Devel~ opment for a gatehouse, recreation area and. model homes, seconded by Mr. Caldwell. Fo discussion. Motion carried 5~0. Consider Revision of Traffic Plan Submitted by William Peck for Bonvale Plaza M~ Kohl informed the Council that the Planning & Zoning Board at their regular meeting of February 28, 1978, unanimously recommended approval of the revised traffic plan submitted by William ~c~for Bo~vale Plaza~ subject to changing the Northbound ~ezu sign ~o a Stop sign (in response to the County Traffic Engineer,s request). This plaza is south of and adjacent to the _~nch House Restaurant on Congress Awe. The motion to approve was mmde by Mr. Winter and seconded by Col. Trauger. May he have Council,s wishes on this matter please. Mr. Harmening moved to accept the Planning & Zoning Board's recommendation for the traffic plan submitted by William Peck for ~onvale Pls~a, seconded by ~. Caldwello Under discus- sion, M~. Roberts asked if there was ~uy other input other than from the Planning & Zoning Board and ~. Kohl replied that all wa~ in favor from the Technical Review Board, County, City Planner and is zoned properly. Motion carried 5-0. Consider Approval of Additional Meter Reader for Water Dis- tribution Division of Utilities Department ~ Kohl stated that the Council, with th~ approval of the budget, provided for four meter readers and two maintenance men. However, at the present time, one of our maintenance men has been assigned to reading meters. During the past three years, we have gone from slightly over 9,000 water connections to over ~1,000 ~ud e~e increasing at the rate of 50 to ~0 per month. As these figures indicate, there MINUTES - REGULAR CITY COUNCIL MEETING BOYS~ON BEACH, FLORIDA M~RCH 7, 1978 are more meters to be read, ~md more demands for maintenance, water connections, etc. He is, therefore, requesting the hiring of one additional meter reader. This will enable us to maintain our meter reading schedule and return the main- tenance man back to his duties. Along with approval by the Council of this additional position, we will al~o need ~ppro- v~l o~ a~u~e~ tr~a~.s~e~. O~o$4,~9~.00 from Utility Contingen- cies ~o ~ne ~a~er ~s~r~u~o~ ~a~ariss account. May he have Souncil,s wishes in this matter. Mayor Jackson added that this would take care of it until September 30. Mr. DeMarco moved approval of another meter reader together with the budget transfer request, seconde~ hy Mr. Caldwell. No discussion. Motion carried 5-0. Applications for Permits to Solicit - Arthritis Foundation and Boynton Beach Elementary School Mr. Kohl requested approval of these applications. ~m. Caldwell moved that the applications for solicitation Der- mits to the Arthr~t=s Foundation and Boynton Beach Elemen- tary School be grouted, seconded by Mr. Hammening. No dis- cussion. Motion carried 5-0. ~pproval of Bills Mr. Kohl read the following bills for approval: ]. Industrial Refuse Sales w,~ Dumpster for Sanitation Department Pay from budgeted funds 320-321-530-05.9] 2. G. A. Industries Electric check valve for Water Treatment Plant P&y from budgeted funds 40~-512-550-02.33 3. Florida Diesel & ~marine Service ~epairs to Brockway Packer Pay from budgeted funds 00~-~82-5~0-02.32 4. ~arren Yachts Lifeguard do~y Pay from funds in accounts 320-62~-560-04.91 $~,485o00 320-000-247-74.00 $ ?oo. oo Council approved 3/17/78 5~ Barile Excavati~ & ~lpeline Co Est. #1 Seacrest Boulevard Utility Relocation Pay from Public Works Gran~ Fund 350-835-570-05.73 Contract dated 1/23/78 2,400.00 2,]2~o92 3,500.00 2,185.00 ~5,%88.6~ ~22- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA ~iCRCH 7, 1978 ~ablix -Marke~ Meals for needy and infirmed - Jan. & Feb° Pay from budgeted funds 320-871-570-02.5A Ordinance #73-15, passed 5/15/73 2o9.15 7. Somth Central Regional ~astewater TTeatment Disposal Board 111,500.00 ~a~frem Atlantic National Bank- 1975B Series Per Administrative Procedure dated 1/27/77 8. Russell & Ax~ 626-681-05-4 I~. #37 1,317.30 New well fields Pay from Utility General FUnd 401-000-1~9-01.00 Authorization dated Russell& Axon 626-68~-25-~ Inv. #2 Professional services in connection with Test P~ogram, Water T~eatment Plant Pa~ from Utility General F~nd 40]-000-169-01.00 Authorization dated 11/2/77 3,639.0~ Russell & Axon 626-681-08-6 Inv. #19 Resident inspection and engineering services at Water Treatment Plant Pay from Utility General Fund 401-000-~69-0~.00 Authorization dated 5/8/74 4,485.05 Barile Construction Est. #1 15,965o55 Galaxy Park P~V from Public Works Grant Fund 350-835-570-05~72 Contract dated 1/23/~8 Sandpiper gonstruction Corp. Est. #3 13,620.00 Jail renovation Pay from Public Works Grant Fund 350-835-570-05.7A Contract dated 12/9/77 Isiah Andrews Driver for S6nior Citizens Club - 2 weeks Pay from budgeted funds 320-871~570-02.5A Ordinance #73-15, passed 5/15/73 14. Willie Ruth McGra~¥ Server for SeDior Citizens Club - 2 weeks Pay from budgeted fmnds 320-871-570-02.5A Ordinance #73-15, passed 5/15/73 ~5. South Central Regional Wastewater Treatment & Disposal Board Assessment bFSCRWTDB for Plant Operational Cost Pay from Utility Gsneral F%tnd In accordance with Interlocal Agreement 99.00 86.40 10,000.00 MIh~GTES - REGULAR CITY COUNCIL N'~ETING BOYNTON BEACH, FLORIDA ~RCH 72 1978 ~lorida - Georgia Tractor Co.~ Inc Roller for Street Department Pay from budgeted funds 320-401-540-@4o83 Bid of 1t/29/77 12,375.00 moved that the bills be paid, seconded by Mr. Ne discussion. Motion carried 5-0. 17. Thomas E. & Linde L. Coffey 1,200o00 ~enewal of Lease Agreement for Roadway~ Encroachment - City Landfill Pay from funds transferred 001~801~570.02.9E Mr. Kohl stat~ that the bills describe~ have been approved and ~erified by the department heads involved; checked and approved for patment by the Finance Department; fun~s are available in their respective budgets° He, therefore, recom- mends payment of these bills. ~e added that itemized bills from Russell & AEon had been submitted. Mr. De~m~r¢o Harmsning. OTHER Polic~ te Request Permission for ~se of Council Chambers ~*~. Kohl r~ferred to the policy previously set by the Council that any governmental agency may use the Council Chamhers and state~ that it has changed from year to year and recently two meetings have been held where ice cream was served and he would like the Council,s feelings about this. ~yor Jackson referred to the Boat Club, Royal Palm Club House and Galaxy School being available at no charge and Mr. Kohl adde~ that there was also a room at the Civic Center. N~. Caldwell suggested having this information readily available f~r people when they call in reference to renting City Hall faci- lities. ~. Roberts stated that the Council Chambers is not s~pposed to be used for a pienic and any group that comes on that basis should be denied the use. After discussion, Mayor Jackson suggested that the use of the Council Chambers be limite~ to use by the Boards, Legislative Delegation, etc. Mr. Kohl agreed and stated he was clear on their policy now. Consideration of Russell & Axon's Letter in Regards to Bend Issue for ~ater and Sewer N~. Kohl read the attached letter from Russell & ~xon in reference to the proposed ~aft of the revision of the bond issue. He requested approval on this matter. Mayor Jackson questione~ whether this was on a continuing basis or if bids had to be o~tained and M~. Moore replied that if it is a new project, it should be under the ComDe- titive Bidding Act. Ma~vor Jackson suggested that the Gity -24- MINUTES - REGU~R CITY COUNCIL MEETING BOYNTON BEACH', FLORIDA MARCH 7, 1 978 Manager be instructed to negotiate with fiscal agents in re- gards to the service to be performed. N~o Moore asked if this was part of a continming on-going plan and F~. Kohl replied that they are new water wells, but Russell & Axon have besn instructed by the Co~tucil to start working on the plans and then will go out for bids on the raw water wells. Mr. Moore referred to the bonding aspect and N~. Kohl replied that this would be new. Ne. Kohl added that we have approEimately $8,000 in the red for the plant, but interest from the bank will more than pay the $8,000~ ~ayor Jackson replied that the regular Utility Fund should not be used aad Mx. Kohl stated that it could be used, but he does not recommend it at this time. Mayor Jackson referred to keeping the sewer and water separated and Mr. Moore replied that he thought it could be come, iRed for bonding purposes. ~. Moore recom- mended negotiatiom with local banks to pmrchase some of these bonds. Mr. DeMarco made a motion to instruct ~. Kohl to obtain the best figure, seconded hy N~. Roberts~ Mayor Jackson clari- fied that the motion was to have the City Managsr obtain the best rates for the bonds whether from a bank or fiscal agent° Mr. Kohl agreed to proceed ~und advised that he would bring everything back to the Council. Motion carried 5-0. ADJOURNMENT M~. Roberts move~ to adjourn, seconded by Mr. Caldwell. Motion carried 5-0 and ths meeting was properly adjourned at ~0:00 P. M. CITT OF BOYNTON BEACH, FLORIDA ATTEST: Recordin~ Secretary (Three Tapes) Counc~ _lman - ~ Councilman Councilman -25-