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Minutes 12-07-77MINUTES 0F REGULAR CITY COUNCIL ME~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CIT~ HALL, ~DAT, DECEMBER 7, 1977 PRESENT Joseph F. Zack, Msyor Emily Mo Jackson, Vice Mayor Richs~d D. Caldwell, Councilman ~oseph DeMarco, Councilman Norman F. Strnad, Councilman Fr~k Kohl, City Manager Tereesa Padget%, City Clerk Gene Moore, City Attorney ~jfor Zack called the meeting to order at 7:30 P.~ M. and re- queste~ e~eryone to please rise at the sound of the gavel for the In~ocatio~gi~en ~y Re~. James Smitk, Associate Pastor, ANEOUNCEMENTS May~r Zack presented serv&ce awards to the following City employees: Mr. F. Edward Mitchell, Lieutenant, Fire Dept. - 20 yrs. Mr. Harold Miller, Detective, Police Dept. - 15 yrs. Mr. Milford Manning, Lieutenant, Fire Dept. - 10 yrs. Deputy Chief Hamilton advised that Detective F~ller was unable to be present because he was ont om a call. Mrs. Padgett certified the following to ~e th~ results of the General Election held on the 6th day of December, 1977: 2,304 - Joe DeLong 3,445 - Edward F. Harmening 2,514 - Ronald Johnson 3,361 - David Roberts Mms. Padgett added that the total votes cast was 5,971 which was a 31.~2'~ turnout. Mayor Zack questioned if this was a good turnout and Mrs. Padgett replied that it was a little below last year which waspprobably due to the rain. Mayor Zack requested _Mr. David Roberts to rise and Mr. Edward F. Harmening to rise and congratu!ated them both. Mrs. Jackson mo~ed to accept the returns of the election, seconded by Mr. DeMarco. No discussion. Motion carried 5-0. l~yor Zack announced that the South Central Regiomal Waste- water Treatment & Disposal Board meeting would he held at Delray Beach on December 8 at 5:30 P. M. Mayor Zack stated that one of the best things the City Council accomplished in 1977 was to appoint the Community'Pre,motions ~oard. He congratmlated the City Manager and ~ommunity Pro- motions Board for the two outstanding ewents held the past weekend - the Beauty ~.~a~eant and the Christmas Parade. He added that it was the best weekend the City has enjoyed in some time. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1 977 AGENDA APPROVAL ~Irs. Jackson requested Item D under New Business to be deleted. M~yor Zack announced the following additions: NEW BUSINESS - F. Gouaty Fuuds for Appearance of Beach and City IX. ADMINISTRATIVE - G - 5. Request of Radio Club to Solicit. I - 8. Police Dept ..... .$752.00 OTHER - ~illage Royale on the Green Beautification Mr. Caldwell moved to adopt the agenda, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. Mayor Zack referred to the agenda and annoUnced if there was any item anyone in the audience desires to speak on to please gi~e their name to Mrs. Padgett and the City Clerk will call on them at the appropriate time. MINUTES Regular City Council Meeting - November 15, 1977 When called on by Mayor Zack, Councilmen Strnad, DeMarco and Caldwel! replied they had nothing. Mrs. Jackson referred to Page 10, under the Proposed Contract, second paragraph, and referred to it saying the recodification of the ordinsuuces and stated she believes it should be the charter. Yms. Padgett clarified that it was the ordinance hook. Mrs. Jackson referred to Page 16 and Mr. Caldwell's statement about the policemen having changed to wash and wear mniforms and adv&sed that this was not a change since they have had them all along, Mr. Caldwell replied that he has seen a lot of Uniforms and there is a questiom whether the previous ones were wash and wear. The previons uniforms had to be taken to the cleaners for the military press and in some situations to be dry cleaned. He knows they were recently changed. He would like the minutes to stand as he stated. Mr. Caldwell moved to approve the minutes as corrected, seconded By Me. DeMarco. No discussion. Motion carried 5-0. Special City Comncil Meeting - November 23, 1977 When called on by M~Jor Zack, Councilmen Strnad, DeMarco and Caldwell replied they had nothing. -2- MINUTES - REGUk~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1977 Mrs. Jackson referred to Page t, first big paragraph, fifth line down, and added after "agenda": at the special meeting. She referred to the next line a~ud corrected "after the meet- i~g" to "after we adjourn". She then referred to Page 3, first paragraph, last line, and corrected it to "We must decide on this" instead of saying we must hid on one or the other. Mr. Caldwell moved to approve the minutes as amended, seconded ~yMr. DeMar~o~ Motion carried 3-0 with Mayor Zack and Mr. trnad abstaining. PUBLIC AUDIENCE F~rs. ~incent Molleaappeared before the Council and advised that she owns the property where Smokey's Wha_wf is located. She wsuld like to have an investigation into the Building Department regarding the licenses which have been issued to the TwO Georges from t975 to date. She cannot vote in the City of Boynton Beach because she li~es in Delray Dunes, but does own several pi&css of property in Boynton Beach and pays taxes. She believes the Building Department has been ex- tremely illegal in the issuance of the permits to the Two ~eorges. They have placed ~umpsters on City property and she would like an investigation from the Council into the zoning and also into the Building Department. If it is at all possible, she would like not just am investigation, but a writtem legal investigation into this. She has read the minutes from the Board of Adjustment meetings and it is strictly a fiasco and she would like the Council to do some- thing.. She is representing the adjoining property owners. They have appeared many times before the Boar~oof Adjustment and it is an illegal mess. She thinks there is something going on and as a close property owner, she would like an investigation. Mayor Zack and Mrs. JaCkson agreed that the minutes from the Board of Adjustment meeting were confusing. Mayor Zack requested direction from the City Attorney and Mr. Moore clarified that ~s. Molls was talking about the proceedings b~fore the Board of Adjustment which is basically an autonomous board. He agrees the minntes were confusing and he has sent memos requesting clarification of matters be£ore that Board. Mayor Zack stated that the only thing Mrs. ~olle could do is go to court and Mr. Moore replied that if the Uity is dissatisfied, we have the right to appeal to the court the same as an aggrieved party. The Board of Adjustment is an autonomous body and once it is appointed, the Council has no control of their actionsr M~s. Molle clarified that her only alternative is tO file suit and Moore replied regretably that is all he could tell her. Mrs. Jackson referred to two ~e~rs bo~s~-~avin~ ~e~n involved this and Mrs. Molle agreed that it has been going on since 1975. Mayor Zack questioned what the Council could do and ~ms. Jackson suggested looking into it. of 12/20/' -3- MINUTES - REGULAR CIT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1 977 Mrs. Janet Hall appeared before the Council and stated that she represents the Seamist Marina, Kenneth Lyman and eight chs~rt.er Boats. She feels there is a problem being compounded daily. The City Attorney ordered the Building Department to put a stop work order on this subject to action ~y the Board of Adjustment. At the Board of Adjustment meet~E, they sim- ply ~onfirmed. what one year of this pile of papers says that they were asked to act on a ~ariance on a setback for rebuild- lng efa restaurant~ They did not do anything about the park- ing because they were not requested ts and there would have to be a separate variance request. The people are concerned why the stop order was li£ted the next merming following this ~etimg. It has been ~ery controversial. Nothing that Board id that might would confirm what they said. They only acted on a ~ariance to rebuild the building. There is an existing restaurant. There is an applicatiom for a wholesale food pro~e~sing plant and There would be three bmsinesses with only the restaurant omly.. She feels the City te replace that stop wore is being built, what it is ~ing b~ilt for, how ma~y busi- nesses, and what the parking requirements are. M~s. Jackson suggested that Mr. Kohl request Mr. Howell to write a complete histor~ o£ this matter. She would certainly like to know why the re~ tags were lifted. She thdnWs the COuncil should ha~e this in writing to review. Mrs. Hall stated they were appearing t,night because every day that goes by, the building is ~ea~ing completion.. Mrs. Jackson stated that if there is a~y~ing wrong, a step work order should be put Back on. M~'8~ Z~ck ca~le~ on: the Building Official for information. Mr. Howell informed the Council that the Board of Adjustment granted Mr. George Culler at the December 13, 1976 meeting permission to tear down and rebuild the existing restaurant as is~ At that m~eting, a statement was made by the chair- man of the Bos~d at that time pertaining to the parking. It came up at that meeting whether there would be any variance needed for the parking. He thin-ks his statement was that when giving a variance to rebuild, they had to consider re- bnilding of what was existing and parking would be grand- HarbOred. Howe~er, Mr. Joseph Aranow, the Chairman, stated 2he applicant should come in for parking. It was unclear and he brought it back before the Board~for a parking vari- ance. F~. Culver came back in ~nne 1977 and was given a parking variance based on a 1~O seat license. Later that same Board of Adjustment rescinded their actiom when they ~OmUnd out the license was ill~gal, which left him with the decision whether the permit was valid or void. He requested Mr. M~ore,s opinion and was informed the Board should clarify whether the December 13 minutes required this man to come in MINUTES - REGULAR CIT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1 977 for a parking variance. In reading the Board's answer suud talking to Mr. Moore, it was their opinion that the Board s~d it was grandfathered for the 50 seat restaurant. The question is,wwhich is confusing a lot of people, whether this man is ~ilding something for two businesses. As far as the Building Department is concerned, he is rebuilding the restaurant. Before Mr. Culler can operate any other type of business, he wouldhhave to come for a license which would require inspection for the proper parking and to meet the aode for the ~usiness he is going to operate. If M~. Culver goes in to operate any business ether than a restau- rant, he will take him to court. If he tears down the exist- ing. restaurant, he would have parking to operate a different type of business which he is talking about. Mrs. Jackson clarified that it was still a 50 seat restaurant Mr. Culler was supposed to be building and Mayor Zack added that it wo~ld have 13 parking spaces and Nm. Howell agreed,_ Mr. Caldwell asked if the exterior dimensions were being ex panded and M~. Howell replied negatively. Mr. Caldwell asked if the ~ari~nce would h~d if he rebuilds in the same confines and runs somethi~ othe~ than a ~estaurant and ~. Howell re- plied negatively that he must apply for a license for the use. ~s~ Jackso~ asked if the~ stop work order had been taken off and Mr. Howell r~Plied that it had and if they stop the job mow, he thinks we would be subject to a law suit. Mrs. Jackson clamifie~ that ~he assmmption'was that a 50 seat restaurant was being buil~ Mr. Moore clarified that the variance was granted for the building and not the use. ~f Mr. Culver attempts to alter the use, he will run into the problem of having a brand new building and mot ~eing able to use it because under the license law, he must provide the required parking. Con- struction was held ~p mnder the red tag to obtain the Board's clari.fication. The Board ~said they did not consider parking part of it because the variance was granted to rebuild the · b building. Any re.ar may be well founded by the nemgh ors, hut as far as the City is concerned, we cannot determine what he is going to d~ ~ith the building but when he comes in for the use, he must comply with the regUlations. Mrs. Jackson added that we must just wait and find out what is being' done. Mr. Moore. added that Mr. Culver has bee~ ad- Wised~ that if he ~uts i~ another use, he must comply with the parking requirements Based on an~ichange from the res- taurant. Mr. Howell ~dded that he has also informed Mr. Culver of this and if he does anything other than a res- taurant, he will ~e subject to court ac~mon. Mr. Kohl added that he would c~eck ~uto the dumpster situation. PUBLIC HEARING $ P. M. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1977 Application for Re-zoning Location : 3650 South Seacrest Blvd. Request : Rezone from RIA to C1 Use : Pro~essional Offices Applicant : Charles J. Simon ¥~. Kohl informed the Council that Mr. Chs~les J. Simon called him at 3:30 P. M. today and requested this to he tabled until January 17. He referred to it being adver- tised in the newspaper :and Stated if Council agrees to ta~e this, Mr. Simon may pay for the ad. Mayor Zack q~estioned the advantage of tabling this since the Plan- ning & Zoniug Board had acted om it and Mr. Kohl replied that it was the Council's prerogative to table. Mr. DeMaroo moved to table, seconded by Mr. Caldwell. Motion carried 5-0. Mr. Moore referred to this being scheduled for a public hearing and suggested giving the people the opportunity to speak. Mayor Zack asked if anyone wanted to speak in favor of this rezoning of the property located at 3650 South Seacrest Boulevard and received no response. He then asked i~ anyone was opposed to this and received no response. Mr. Kohl a~nounced that this would be reset for January 17, 1978 at 8:00 P. M. Abatement of Hazardous Conditions Mr. Kohl read the notice of public hearing as follows: "Notice i~ hereby given that the City Council of the City of Boynton Beach, Palm Beach County, Florida, shall meet at 8:00 P. M. Wednesday, December 7, 1977, at the City Hall, Boynton Beach, Florida, at which time the owners of the fol- lowing described parcels shall be given anpopportunity to show cause why the hazardous conditions of certain dilapidated structures and buildings located thereon shound not be cor- rected or abated: Parcel 1: Lot 2 less Road Right of Way, Block 54-A, Lake Eoynton Estates Plat 4 Town & Country Squire, owners Parcel 2: That part of S 5 acres of the SE ~ of NE ~ of E ~ lying East of ~. S. #1, Section 33, Twp. 45, Rge. ~3. Eugene Harvey, owner Mayor Zack asked if anyone wished to speak in favor and re- ceived no response. He asked if anyone wished to speak in opposition and received no response. -6- MINUES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1977 Mayor Zack stated he understood that the house in Lake Boynton Estates was on fire and is empty and the other house is down and Mr. Kohl agreed. Mr. Caldwell moved to delete the second item, seconded ~y Mrs. Jackson. Motion carried 5-0. Mr. Moore suggested proceeding in accordance with the ordi- mance pertaining to Parcel 1.1 Mr. Caldwell so moved, second~ by Mr. DeMarco. Motion carried 5-0. PUBLIC AUDIEECE (Continued) Mrs. Janet Hall appeared be£ore the Council again and asked the City Attorney if he really felt if Mr. Culver puts $50,000 to $70,000 into the completion of these plans and goes to court and asks for the use that the City can stop it once it is com- pleted and Mr. Moore replied he thinks we would have a better chance then than we do now. Mr. Oulver is simply building a building and we know he has some anticipated use. He has been given written notice that if there is any change o~ use, he is proceeding at his own peril. BIDS Elevator for Oity Hall Mr. Kohl advised that the grant was for $50,000. He stated that bids on the above were opened in the Office of the Pur- chasing Agent on November 29th at 1:00 P. M. All legal re- quirements have been met. Two bids were received on this project. The "Tab sheet" recommending the bid from West COnstruction Company o£ Lake Worth in the amount of $55,000 i~ on file. Ple~e note this bid is $5,000 over the original grant allocation. We have written a letter to EDA to ask them to consider increasing this project so that we may pro- ceed. According to a telegram received today, we have to proceed hy December 14. ¥~yor Zack referred to the additional $5,000 and M~. Kohl replied that he has not heard. He added that we have been told byEDA that monies we have not expended in other grants can be allocated to this. Mr. Caldwell stated that as far as other monies are concerned, there was something there for the Recreation Department about bids mot being received in time and M~. Eohl replied that letters have been sent to EDA. ~. Caldwell moved to accept the bid from West Construction Company of Lake $orth in the amount o£ $55,000, seconded by ~s. Jackson. No discussion. Motion cs~rie~ 5-0. Mr. Kohl explained that a letter would be sent to EDA in the morning together with the minutes, which will be typed bnt mot of Eicially approved. The minntes must be sent as soon as possible. ~or Zack added that time is limited with a grout a~ud action must be taken. -7- MINUTES - REGULAR CITY COUNCIL MEETING DECE~ER 7, 1977 BOYNTON BEACH, FLORIDA Jail Renovation - Police Complex Nr. Kohl informed the COuncil that the above ~id was opened in the Office of the P~rchasing Agent on November 29th at 1:30 P. M. All legal requirements were met. As they are aware, this is a federally funded project in the amount of $133,900. The "tab sheet" recommending Sandpiper Construc- tion, Inc. of Eoca Raton as the low bidder in the amount of $51,050 is on file.~ He concurs with the recommendation of the Tabulation Committee. Mayor Zack asked if this completed the project and Mr. Kohl replied affirmatively, He explained that even though the price seemed low, he did have the architects, engineers, and Building Department check everything with the contractor how it will be done, etc. If all requirements are met, it is possible to put this ~uto other programs hopefully. F~. DeMarco moved to accept this bid from Sandpiper Construc- tion, Inc. in the amount of $51,050. Mrs. Jackson seconded the motion. No discussion. Motion carried 5-0. Office Building for Engineerin~ Building & Pla~nin~ Departments Mr. Kohl informed the Council that bids for the above were opened in the Office of the Purchasing Agent on Eovember 29th at 2:30 P. M. All legal requirements were met. One bid was received from Gersch & Bramuchi in the amount of $482,000. The Grant amount is $296,825. A request will be made to the Economic Development Administration to re-Did this item as it is over budgeted. It is hoped that a re'bid will bring this in line with the allocated grant amount.. He added that he has been in touch with EDA on many things and was informed that Florida is in a bad positiom for receiving bids on federally funded projects because of the minority clause in the contract and all the paperwork. I~s. Jack, on asked if this could be negotiated and M~. Eohl replied that possibly it could later, but not at this time. ~s. Jackson moved to go out for re-bid, seconded by M~. Caldwell. No discussion. Motion carried 5-0. N. E. 7th Street Drainage & Road Constructiom AND Construction of Galaxy Park Including One (1) Lighted Ball Park; Two (2) Lighted Tennis Courts; Parking; Walkways; SprinP~ling and Full Landscapin~ I~. Kohl stated that funds allocated from EDA Grants were $90,000 for the _~. E. 7th Street Drainage and Road Construc- tion and $136,875 for the Construction of Gals_xy Park. How- e~er, no bids were received on either project. A request will he made to EDA to re-bid these projects. -8- MINUTES - REGULAR CITY- COUNCIL MEETING DECE~ER 7, 1977 BOYNTON BEACH, FLORIDA Mrs. Jackson moved to go out for re-bids, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. Mr. Kohl clarified that he could not send letters without going through the City Council and will send the minutes to EDA also. Seacrest Blvd. Utilit~ Relocation Mr. Kohl informed the Council that EDA budgeted $65,400 for this project. Bids on the above were opened in the office of the P~rchasing Agent on December 1, 1977 at 2:00 P. M. The Tab Sheet on this item is on file. The Tabulation Com- mittee recommends rejection of this bid as it far exceeds the budgeted amomnt. We are requesting EDA for an extensio~ and will rebid the project reducing the scope of the work. .Mayor Zack asked if these estimates were done by our own personnel and Mr. Kohl informed him they were done by our Engineering Department ~nd the Consulting Engineersfrom Russell & Axon. Mr. Caldwell mowed to re-bid, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. One (1) 3-5 Ton Roller with Tilt Trailer Mr. Kohl informed the Council that bids on the above were opened in the Office of the Purchasing Agent on Tuesday, November 29th at 3:00 P. M. All legal requirements were met. The Tabulation Committee recommends acceptance of the low bid in the amount of $16,225.00 from Florida Georgia Tractor Gompamy, Inc., North Miami. Funds are available in the Federal Revenue Sharing Account $320-401-540-04.83. The Tabulation Sheet is on file for your review. He concurs with the recommendation of the Tabulation Committee. As they know, we had Federal Revenue Sharing for this account £or $18,000. ~. Caldwell moved to grant the bid to Florida Georgi~Trac- tor Company, Inc., North Miami for $16,225.00. Mrs. Jackson seconded the motion. No discussion. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearin~ Proposed Ordinance No. 77-33 - Re: Providing for Adjustments Of the General, Federal Revenue Sharing, Publicity, and Oper- ating Capital Improvement Fmnds Mr. Moore read proposed Ordinance No. 77-33 by caption on second reading. -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1977 Mayor Zackasked if anyone wished to speak in favor of this ordinance and received no response. He asked if anyone wished to speak in oppositiom to this ordinance and received no re- sponse. Mrs. Jacksen moved the adoption of 0rdin~uce No. 77-33 on second and final reading, seconded by N~r. DeMarco. No dis- cussion. Mss. Padgett took a roll call vote ss follows: Councilman Strnad Councilman Caldwell Councilmsm DeMarco V±ce ~yor Jackson Mayor Zack - Not present - Aye - Aye - Aye Motion carried 4-0. Ordinances - 1st Readin$ Proposed Ordinance No. 77-34 - Re: To Provide for an Amended Estimate of Revenues and Expenses for 1977-78 Fiscal Year Mr. Moore read proposed Ordinance No. 77-34 in its entirety on first reading. Mrs. Jackson moved the adoption of Ordinance No. 77-34 on first reading, seconded by Mr. DeMarco. No discussien. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Caldweil Not Councilman DeMarco - Aye Vice Mayor ~ackson - Aye Councilman Strnad - Aye Mayor Zack - Aye Present Motion carried 4-0. Resolutions Proposed Resolution 77-KEK - Re: To Locate, Construct and Maintain or Improve a Portion of S. R. S-811 (Seacrest Blvd.) Ms, Moore read proposed Resolution 77-EEK.. He added that the copy of the requested instrument is attached to the proposed resolution. M~. DeMarco moved the adoption of Resolution 77-KKK, seconded by ~$. Jackson. Under discussion, ~. Caldwell asked if it was possible to request from the County that no extension of time be granted by the comuty~with*ut the~ majority consensus of the City Council? He does not know if the State and County are aware of the position they put the merchants in when they grant an extension. An example is the merchants on 15th Ave. who are starving-. It may be rough, but he think~the citizens *See Min. of 12/20/77 -10- MINUTES - ~EG~LAR CITY COUNCI~ MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1977 should he protected. Mr. Moore replied that Seacrest Blvd. is mainly residential, hut there will probably be problems with the road blocked. However, if they don't get the rights- ef-wa~ and our cooperation, they simply will defer the project or will not do it~ Mr. Caldwell clarified that he just wanted to protect our citizens and have the ~ouatM~ p~s~ the contractor *Se~ Min. on the ~nderstanding it will he completed on a certain date. o~ In the past, extensions have been granted regardless how they 12/20/7~ aE£ec_t the people in the immediate area. Mr. Moore stated he is certain there is a time period set forth in the con- tract a~d we can recommend that the City M~nager in trans- mittin~ this appro~ai request they not extend a~y time limits withomt input Erom the Council on Behalf o~f the citizens. However, he does not think it wom~d be ~i~ding. ~fter fur- ther discussion, Mrs. Padgett took a roll Ca~l vote on the motion as ~ollows: C o~mcilman DeMarco Aye Vice M~yor Jackson Aye Councilman Strnad - Aye Councilman Caldwell - Aye ~yor ~ack - Aye Motion carried 5-0. Mr~ Caldwell then moved that in Mr~ Kohl's transmittal to the State, he respectfully requests they notify Boynton Beach in advance o~ any consideration given for a request for extension ~£ time and take into consideration our advice to the D. O. T. at that time, seconded hy Mrs. Jackson~ No discuss~on. Motion carried 5-0. Proposed Resolution 77-LLL - Re: Utility Indemnification Agree- ment S. R. S-811 (Seacrest Blvd.) Moore read proposed Resolution 77-LLL. Mrs. Jackson moved the adoption of Resolution 77-LLL and in- structed the proper authorities to execute the agreement, seconded by Mr. DeMarco. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: ~ice Mayor Jackson Aye Councilman Strnad Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Mayor Zack Aye Motion carried 5-0. OLD BUSINESS -11- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1977 Consider Recommendation of Planning & Zoning Board - Re: Proposed Ordinance on Recreational Vehicle ParWiug M~ Kohl informed the Council that the Planning & Zoning Board at their special meeting on November 29, 1977, sug- gested ~arious changes and they have been made on the sub- mitted copy of Chapter 30. Motion to approve was made by Mr. Winter and seconded by Mr. Lambert. The vote was 6-1 with Mms. Euckle dissenting.~ May he have Council's wishes on this matter. M~yor Zack stated he compared the previous proposed ordinance with this an~ knows they excluded vans, ehanged to allowing one vehicle to he parked in the front, excluded tie downs, ete. ~s. Jackson mo~ed to instruct the City Attorney to draw up a~ ordinance for the January 17 meeting, seconded by ~. DeMarco. Mrs~ Padgett announced that Mr. Simon Ryder had requested to speak and M~s. Jackson withdrew her motion. Mm. Simon Ryder, Chairman of the Planning & Zoning Board, appeared before the Council and read the following state- ment: "At a special meeting last week, the Planning & Zoning Board, hy a vote o~ 6-t, agreed to accept its latest draft of the proposed Recreational Vehicle Ordinance and to refer it to the Council with recommendation for its adoption. At present, unless kept in a garage, it is nnlawful to park or store a Recreational Vehicle or boat and/or boat trailer on one's own property. Recognizing the presence of mamy such vehicles in the City and that it is not always possible to use the garage for such purpose, nor are there safe and convenient stora$~ facilities available off the premises, the Board determined that it was a realistic ap- proach to provide other means in order to resolve an acute problem for many City residents. Simply, the proposed ordin~uce provides that such vehi- cles may be stored on one's property provided that only one be k~pt in front of a house on a driveway or other hard sur- face and where possible, another may be stored in a rear or side ~rd, in which instance, no special surface or paving is required. However, in areas where deed restrictions, more restrictive, prevail, these proposed regulations are not in- tended to apply. The Board hms studied similar problems in other cities as well as considering the input derived from various public hearings, all of which is reflected in the proposal. -12- MI~JTES - REGULAR CITY COUNCIL M~ETING BOTNTO~ BEACH, FLORIDA DECEMBER 7, 1 977 During previous appearances before the Council, we heard expressions to the effect 'leave it the way it is'. The Board in good conscience cannot subscribe to such re- commendation. To do so might result in two undesirable al- ternatives, namely: 1) Either the City would abstain from enforcing the present ordinance, which over an indefinite period of time, could hardly be advisable, or 2) The City would enforce the ordinance which would in all likelihood subject it to confrontations with aroused citizens or a mass exodus out of town. The Board feels that its proposal will provide an equit- able solution which should receive general acceptance and recomm~n~that it be adva~uced for preparation of~an ordinance for eventual formal approval." Mrs. Jackson made a motion to have the City Attorney prepare the ordinance and suggested it be ready for the January 17 meeting. Mr. DeMarco seconded the motion and commended the Planning & Zoning Board for their work. Under discussion, Mr. Strnad stated in reference to the remarks made by Mr. Ryder, he stated to leave it as it is because he was not satisfied with the way it was drawn up originally, but now that it has been chan~ed, he will go along with it. Mr. Caldwell referred to Section I~, No. ?, and stated he as- sumed this~meant nothing could be parked on the right-of-way an~ Mr, Ryder informed him this was covered otherwise in the ordinance. Mr~ Caldwell asked if the Board considered sc~eening the recreational vehicles from the next door neigh- bor,s yard and F~. Ryder replied that~it was considered, but to~d abgut the people being emphatically Rpposed to such a requirement. Ne added that the B~S~d~has come a long way to ~e it acceptable to the recreational vehicle owners and h~efully it should not be objectionable to the other resi- dents of the City. Of course, th~ mmst remember that areas with deed restrictions are excluded and the deed restrictions w~l prevail~ F~yor Zack remarked that he thinks other cities wDtl be asking for copies of this ordinance as they have been waitinE for this from Beynton Beach. Motion ca~ried 5-0. Co~sider Recommendation of Planning &.Zoning Board as it Pertains to Antenna Heights Ma~or Zack referred to this being explained by the discus- sions co~ered in the Planning & Zoning Board minutes and they have recommended the heights to remain as written since the ordinance is only one year old and they spent considerable time with indepth research and exceeded ori- ginally what they planned on the height of antennaes. -13- MINUTES - REGUL~R CITY COUNCIL MEETING BOYNTOE BEACH, FLORIDA DECEMBER 7 , 1977 M~. DeMarco referred to the government allowing 60 ft. high antennaes and questioned whether we could stop it or have the right to enforce it and Mr. Annunziato replied that he didn't believe there was anything that would prevent us from making am ordinance more restrictive than the Federal regulation. The FCC regulation is the maximum. Mayor Zack added that 60 ft. high would be equivalent to a six story building. ~. Galdwell referred to people speaking at length previously about their concerns that this ordinanc.e restriction would i~te~re with television and radio reception and they felt there-should be an allowance to raise antennaes higher to give batter reception. Mr~ Ann~mziato informed him that the ordinance allows someone in a single family zone to have the antenna exceed the roof line height ~y 15 ft.~ That would provide for an antenna of 30 ft. which does exceed the dis- t~ict'height regulations by 5 £t~ An ordinance like this is generall~ diffi,ult ~ecause it will please some people and mot othe~s~ The Planning & Zoming Board felt they came up with a reasonable solutmon to a difficult proBlem.~ They £elt this was reasonably ~dequ~e and must think of the possibility o~ having tkonsands of anten~aes. Mr. DeMarco ~Pli~d that he would rather have one high in ~he air rather ~an ha~e interference on,is tele~isiom. Possibly t~ey should consider it shoul~ ~e ~llowed if it wa~ld fall on the person's own property~ Mayor Zack replied that he?as mot in favor of ha~ing 6~ ft. antennaes a~l over the Ci~. i~tssugEestion is to leave the ordinance as it is an~ this s also the recommendati~u of the Plazmimg & Zonimg Board quests they contact hi~ or the o~her Oo~cil m~m~s. Mr. Oaldwell then moved to table this, seconded by Mrs. Jackson. Motion carried 5-0. Mr. Caldwell then suggested that the CBers give technica~ imDut with regard to improvement of radio or television re- ception and requested again that they contact him or ~he other Council members. Mayor Zack replied that he thought the information should be given to the Planning & Zoning Board. ~s. Jackson referred to the Planning & Zoning Board having researched this, hut a~ked if they had an advertised public hearing and Mr. Ryder replied negatively. Mrs. Jack~on suggested that it be referred back to the Planning & Zoning Board and they have an advertised public hearing to ~et technical input. Mr. Ryder stated they would not be hie to s~isfy e~eryone and told about the reactions at the public hearing held last year before the ordinance was prepared. Mrs. Jackso~ made a motion to continue the moratorium and have an advertised public hearing held by the Planning Zoning Board for publi~ input, seconded b2 Mr. Caldwell. No discussion. Motion carried 5-0. -14- MINUTES - REGULAR CIT~ COUNCIL MEETING DECE~R 7, 1977 BOYNTON BEACE, FLORIDA Consider Resolution to Palm Beach County - Re: Expediting Repairs to South 15th Avenue - Councilma~Richard D. Caldwell Mr.. Caldwell stated as he alluded to earlier, the merchants at Sunshine Sqmare are concerned about Christmas being upon them and their patrons cannot get to them to shop because of the traffic job the County is doing on 15th Avenue. He ori- ginally understands the job was to he completed hy November 30. He has now been informed the Count~ has of£ered an ex- tension af time to the contractors for completion of the road. Our citizens and merch~utS are being financially impaired be- aause this ~ob is not completed~ He requests the Council to send a resolution to the Gounty Commissioners expressing our ~ave concern with regard to the conditions en 15th Avenue oolbriEht Road) between Eeacrest Blvd. and ~ederal Highway ~nd b~ing it to their attentio~ the effect the extensio~ of time gr~nted to the contractor has had on the merchants as ~ell as the c±tizens in our Cit~. Mr. De~rco referred to this being part of the City's fault -~ecaus~ of the r~elocatio~ of the sewer. Mayor Zack stated bhat he has also received a number of complaints and he talked to the City Managsr and he contacted the County Engi- nee~m and Commissioners~ The completion dates are December ~D east of ~ederml, latter par~ of February east of the ~ailroad, and the latter part of April eaSt of ~eacrest. The u~ilities were not the contractor's fault. Mr. Caldwell re£erre~ to this mot bsing the City's fault and May0r~ack. replied that it certainly was. He explained how the lowermng of t~e water lines prolonged the job. ¥~. DeMarco asked if the job was on schedule a~d N~. Kohl repliedtthat they have a new schedmle. Mr. Strnad stated that whenever we have a job of this magni- tude within the City limits, there are bound to be disruptions for the businesses and peo~e. He spent 1½ hours today With the foreman of the construction job and spoke ~o him at length about having the job expedited. He was informed that they are working under a contract and if there is any way to perform the job sooner, it would be money in their pockets. They are not trying to delay it in any way. Also, he noticed that Sunshine Square was so crowded, he could hardly find a parking space. He is not in favor of sending a resolution to the County and causing resentment towards us. Mayor~Zack stated that originally the 8en~=~cter su~s~~ clos- ing the entire road, but the City Manager requested that one ~SeeMin. lane be kept open. Possibly a letter could be sent to the o£ ~ounty Engineer ~o see if the job could be expedited. Mr. 12/20/77 Caldwell replied that he would appreciate that. He further told about the merchants complaining of business loss and ~w the p~ople had problems getting into the shopping center. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEA~, FLOR~A DECEMBER 7, 1977 He also told about the dirt problems the merchants were ex- periencing. Every time we are involved with the County, he ms frustrated with the red tape involved to get something done for our citizens. If a letter will suffice, so be it. Mr. Caldwell then moved tb instruct the City Manager to send a letter to the County regarding this situation, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. Consider Recommendation of Firemen ' s Pension & Trust Fund Consider Recommendation of Municipal Police Officer's Retire- ment Fund Board of Trustees - Mayor Joseph F. Zack ~yor Zack referred to bringinE this up at the August meeting a~ud he suggested tabling it so we could do something for the general empleyees. He told about meeting with the actuary last Monday and finding out it might be too much for the City to absorb this much mone2~ It would be very difficult to match the setup like the Police and Fire Departments. Cost inf. ormation has been submitted and two men have requested to speak. Deputy Chief William R. Hamilton appeared before the Council and referred to the proposal submitted with the agenda being self-explanatory. He explained how the cost was figured at .12% of the payroll and would cost $1,126 this year and he does not think it would increase over $100 per year. He further explained the cost. He stated at the present time, they have no coverage at ~ll with death benefits. If a policeman or ~ireman dies before he retires, the widow would get back only what he has paid in. Mayor Zack added that the maximum would be 5~%. Mr. DeMarco stated they were in agreement when discussing this at budget time and asked if the money was available yet and Mr. Kohl replied that he could get it. Mr. Caldwell referred to this plan only being eligible to the policemen or firemen with 10 years or more service and Deputy Chief Hamilton agreed and added that this is feasible and would cut the cost. There had to be some cutoff date and they wo~ld not have vested interest for ten years. It would be very ~ostly without the ten year limitation. Mr. Caldwell stated he was very concerned about this and sug- gested looking into coverage for death if it should occur prior to vesting or retirement. Deputy Chief Hamilton re- ferred again to it being quite costly and stated the whole package was based on ten years ~u~ding. Nr. Caldwell then ~eferred to the beneficiary receiving a refund without interest and stated he thinks some interest should be given on the money even if only 3 or 3½%. Deputy -16- MINUTES - REGULAR CITY OOUNCIL MEETING BOYNTON BEACH, FLORIDA DECE~ER 7, 1977 Chief Hamilte~replied that the problem is that this was a Base pension plan adopted in 1952 and it was never added to until the lasmt two years~ Mr. Caldwell asked who the carrier is and Deputy ~h&e£ Hamilton replied that it is State approved, hut we f. und it ourselves~ Mr. De~r¢o stated inasmuch as we agreed on this at budget time, he moves to approve this for the Police and Fire De- partments, seconded byMr. Strnad~ Under discussion~ Mr. Caldwelt suggested looking i~to the possibility of upgrading this Dlan~ Ee wou~d definitely like to see all employees i~ucluded, especially in high risk ~obs such as the Deliceme~ and ~iremen. He would like to discuss it in advance of the Budget. Motion carried 5-0. Mayor Zack asked if an amendment to the ordinance was needed and Deputy Chief Hamilton replied affirmatively. Mr. Moore referred to them adopting the state pla~and Deputy Ghief N~m~lto~agreed, But stated they were deviating from it and would need a separate ordinance. Discuss South Central Regional Wastewater Treatment Plant Mayor Joseph F. Zack Mayor Zack referred to ~he previous meeting of the Regional Board when De~ray ~each did ~ot hawe a quorum and the mention ~y some oi the Delray Beach Council men, ers then and pre~i- ously that we should take e~er the facilities, he suggests we write a letter telli~ them we are willing to run the plant at their or eu~ interpretation of the agreement. Mrs. Jackson replie~ that she did not agree with their interpre- tation. Mr. DeMarco me,ed to send a letter as suggested by the Mayor, seconded ~y~ Strnad. Under discussion, Mr. Caldwell requested ~ari~cation of this action. Mr. DeMarco s~ated that Delray Beac~ we will send plied that he did ment and this wouldhe trou~le with the that De~ that only one ~ clarified that they Boynton Beach to would accept it the Interlocal be ~ered to let ~s run the plantand the of£er.. Mr. Caldwell re- it~ There is an Interlocal Agree- from the contract and cause agencies. Mr. DeMarco stated ~tatement and Mrs. Jackson added to he changed. Mr. Caldwell Delray Beach wishes for and we shall do so and BoyntonBeach gives Strnad agreed or it could Mr~ Caldwell stated he thought decre~from the judge. · £ we ge along with ~h~.,~e indicate Delray's position is the true and correct D~t~on and he refuses to go along withito ~. DeMarce cl~i~ied that we would be going u~der the assumption th~'~Want us to operate it and we would. -17- MINUTES - REGULAR CITY COUNCIL ~EETING BOYNTO~ BEACH, FLORIDA DECEMBER 7, 1 977 ~s. Jackson asked the City Attorney if we would be hurt by taking this step and Mx. Moore replied that it would be an exercise in futility~. He asked if the offer had been made in writing? Up to now, Delray Beach has taken the position they will run the plant, but he thinks an authority should. Mr. DeMarco asked if sending the letter would have any effect and ~.~ Moore replied negatively and that it would just call their blu£f. As requested, Mrs. as follows: Padgett toek a roll call Tote Councilman Strnad - Aye Counci~m~u Caldwell ~o Councilman DeMarcO ~ Aye Vice Mayor Jackson - Aye ~ayor Zack Aye on the motion ~otion carried 4-I. NEW BUSI~SS Discuss Taxi Cabs Vice Ma~or Emily M. Jackson Mrs. Jackson told about Norman Hands call,her after the last meeting. She went through the zoning code and it states taxi cabs are prohibited in C-1, C-2 and C-3, but are per- mitted in C-4. The business is only an office with a dis- patcher. She sees no reason why that would be more o~n~xious than a restaurant. She feels a desk and telephone should be permissable in C-2. She then moved to amend the ordinances to include taxi stands in C-2, C-3 and C-4~ Mr. Caldwell seconded the motion. Under discussion, M~. Moore asked if there was input from the Planning &Zoning Board and received a negative response. Mr. Caldwell added that he thinks this is ideal since it is a neighborhood taxi service and would fit well in the C-2 category. Motion carried 5-0. Receipt of Correspondence from Boca Rat~n - Re: Proposing Amendment to ~ticle ¥III of the Florida State Constitution Mr. Kohl stated he submitted the resolution from the City of Boca Raton proposing an amendment to Article UIII of the Florida State Constitution. Mayor Zack referred to this being similar to the resolution from the Florida Municipal League of Cities and Mrs. Jackson added that we also passed a similar resolution. M~. Caldwell questioned the differ- ence and ~s. Jackson replied that if they get a lot of these, they may go along. ~s. Jackson moved to have a resolution prepared, seconded by Mx. Caldwell. No discus- sion. Motion carried 5-0. -18- MINUTES - REGULAR CITY COUNCIL MEETIA~ DECEMBER 7, 1977 BOYNTON BEACH, FLORIDA Consider Recommendation of City Planner, Mr. Carmen Annunziato, Re: Annexation Request of Irene Eall Bowers Mayor Zaek stated in reading the comm~uaication from Mr. Annmn- ziato, his recommendation is to forward this back to the Planning & Zoning Board. Mrs. Jackson so moved, seconded by Mm. De~rco. Me, ion ca_~ried 5-0. ~. Caldwell requested the ~lanning & Zoning Board to act expediently on this. Someone ms asking to be annexed and we should take advantage of it. Requiring All Residents to Clearly Mr. Caldwell told about the police officers and ambulance driwers br&nging to his attention that mamy homes ~o not have numbers. The postman knows where they are, but that is through habit. He would li~e the City t° ~raft an ordinance requiring all homes to clearly display their honse numbers for the purpose e£ expediting emergency vehicles to get to ~he scene in. a vsry timely m?.n~er. He e~plained how ambu- ances and policemen waste~ time' looking ~or the numbers. He requested inpmt from the ~ity Attorney and suggested that the appropriate ordinance be drafted. Mayor Zack asked the City Planner if there was anything in the bock and ~. Annunziate isformed him there was nothing in the zoning code, but possibly the post office has regu- lations. N~s. Jackson added that the post office could force people to do it by not delivering their mail. Mayor Zack suggeste~ referring this to the Planning & Zoning Board so the size, etc~ could be determined. ~s. Jackson asked whether we have the authority to tell people to put the number on their house and Mr. Moore replied they may be '~%~roaching on something which may bean invasion of pri- vacy. He ~oes not know if-they could force somebody to do this. Mr. Caldwell reGuested him to check into the legality of it and told about getting complaints about the time taken for police to find a house. *See Min. of 12/20/77 ~. Ca!dwel! moved to table this for input, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. County Funds For A~earance of Beach and Cit~ Mr. DeMarco stated he attending a County meeting last week and it was brought out the County has f~nds available to the cities for cleaning up beaches and also for cleaning up the restoof the city. The only requirement is that the City Nmnager send a letter requesting this and possibly the City would have to let them have the use of a dump truck to haul the trash away. All expenses would be borne by the County through State funds. The letter should be written to Mr. Hank Przelonski. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH ~ FLORIDA DECEMBMR 7, 1977 N~. De~rco moved to turn this over to the City Manager and instruct him to send a letter requesting these funds or aid and he is sure we can get this approved. Mrs. Jackson seconded the motion. No discussion. Motion carried 5-~. ADMIMISTRATI~E COnsider Site Development Plans to Reconstruct Existing Two ~or~ Bnilding - Applicant: Mr. Robert Sempell Mr. Kohl imformed the Council that the Planning & Zoming Board at their regular meeting of November 22, 1977, unani- mously recommended the site development plans submitted by Robert Sempell to reconstruct an existing two story building located at 2610 north F~deral Highway (Lots 62-67)Lakeside ~ardens Subdivision) for of£ice purposes be aDproved, sub- ject to pro~iding for the handicapped and providing eleva- tions for paving and drainage purposes. Motiom to approve was made ~ ~. Lambert an~ seconded by Mrs. Huckle. May he have Council.'s wishes on this matter. Mrs. Jackson moved to approve these plans subject to the same stipulations, seconded by ¥~. DeMarce. Under discussion, ~s. Jac~on remarked that she is glad something is going to be done as this building has been an eyesore for years. Motion darried 5-0. Consider Requestoof Utilities Director, M~. Perry A. Cessna, Re: Water Lines to Cranbrook Lake Estates (Mr. Joseph Cogan) Mr. Kohl read the attached memorandum from M~. Perry A. Cessna dated ~ovember 16, 1977. ~k~. Caldwell clarified the recommendation was to leave this with the consulting engineers. M~. Strnad asked why our people could not figure out the difference between a 10, and 16" pipe as it is just a matter of increasing the size of the pipe. Mr. Kohl suggested having him check imto it and if he has to come back to the City Council, he will. M~. Strnad moved to follow F~. Kohl's suggestion, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. Discuss Area Planning Board Request-- Re: Lakeview Haven F~asibility Analysis ~. Kohl referred to submitting correspondence from the Area Planning Board indicating their desire to receive official action on this matter. As indicated, our deadline is Decem- ber ~2, 1977, He has discussed this matter with his staff. Our City Planner, ~. Carman Annunziato,states: "The subdivi- sion known as I~dkeview Haven was constructed in conformance with City specifications, and said subdivision is consistent -20- MINUTES - REGULAR CITT COUNCIL MEETING BOYNTON BEACH, FLORIDA DECE~ER 72 1977 with adopted plans and policies. There will be no adverse effects imDos~d on the natural, social or economic environ- ment of the City and approval of this application will not cause a duDlication of ongoing programs and Drojects." Our City Engineer, Mr. Tog Clark, states: ~This subdivision has been recorded and imDrovements (water, sewer, drainage, and streets) completed. V. A. mhd F. N. A. guarant~ed mort- ~ges will, of course, help developers that might not be able o get conventional loans. Construction will have to meet ~ity requirements." He then read a letter frem M~. Perry Cessna advising that the Engineerin~g Department has as-built plans and insofar as the Utility Department is concerned, everything is com- plete. M~.. DeMarco moved to approve the feasibility study, seconded by Mr. Caldwell. Under discussion, M~. Caldwell asked if ~his meant it would be predominantly funded by F.H.A. loans and Mr. Kohl replied they could n~t discriminate. Motion carried 5-0. Consider Membership Nomination to the Palm Beach Co~uty Solid ~aste Authority Citizen's Advisory Committee Mr. Kohl referred to submitting a letter £rom the Palm Beach County Solid Waste Authority. Mayor Zack questioned what type person they were looking for and the qualifications? Mr. DeMarco replie~ that he has a man in mind who is familiar with the County and nominated M~. Leon $~iles, seconded by ~s. JacksOn. No discussion. Motion carried 5-0. Consider Resolution for Demolition of Unsafe & Unsound Struc- ture Located on Old Boynton Road Pk~. Kohl requested the City Attorney to be directed to pre- pare the appropriate document to demolish the following stru~ ture and clear the land as stipulated in Chapter 14-A of our Code of Ordinances: Owner of Record and Address Property Address Legal Description B M I Inc. 700 BinghamSt. Pittsburg, Pa. Old Boynton Road Boynton Beach, F1 -21 - Sec. 20, T~p, 45 Rge. 43 Pant of Lot 111 inDeed 885 Page 254 Plat Book'7 Pmge 20 Property Control # 08 43 45 20 01 MINUTES - REGUL~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1 977 Mr. Caldwell moved to grant the City Manager's request, seconded by Mrs. Jackson. ~o discussion. ~tion carried 5-0. Consider Resslution for Demolition of Unsafe & Unsound Struc- ture in Conjunction with Community Development Project Mr. Kohl respectfully requested the City Attorney be directed to prepare the appropriate document to demolish structures and clear the land as described on the suhmitted list. This is in accordance with Chapter 14-A of cur Code of Ordinances and in conjunction with our Community Development Project, Mrs. Jackson moved to instruct the City Attorney the proper resolution, seconded by Fr. Caldwell. sion. Motion carried 5-0. to draw up No discus- Mayor Zack asked if any of these projects were underway and Mr. Kohl replied that the~e were not, hut many homes ha~e hee~ ~aken down. Consider the Following Applications for Solicitation: 1. American Cancer Society 2. American Heart Association 3. Florida East Coast Cerebral Palsy 4. Christian Record Braille Foundatiou, Inc. 5. Radio Club Caldwell asked what the Radio Club was soliciting for and Kohl informed him it was for a kidney victim° ~s. Jackson moved to approve all the applications, seconded hy Mr. DeMm~rco. No discussion. Motion c~ried 5-0. Consider Transfer of Funds: 1. From Contingency to-Sewerage Collection ...... $7,665. 2. From Fixed Charges (Utility Acct.) to Non-Automotive Utilities Fund ................ $2,600. 3~ From Contingency to Police Department for Pistol Range ................................. $ 659. Mr. Kohl read the Budget Transfer Requests for the above. Mrs. Jackson moved to transfer the money to the right places, seconded by Mr. DeMarco. No discussion. Motion carried 5-0. Consider Encumbrances of Unexpended Funds: 1. Bicycle Paths ............................. $ 2,990.00 2. loth Avenue Widening ...................... $50,000.00 -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1977 3. Workmem,s Compensation Insurance ........ $ 17,543.00 4. Pension Reserves ........................ $ 18,153.00 5. Firemen,s Pension ....................... $ 11,657.00 6. Police Pension .......................... $ 7,448.00 ?- Unemployment ............................ $ 5,312.00 8. Police De~t ............................. $ ?~2.00 ~r. Kohl read the abo~e list~ Mayor Zack asked if it referred to loth A~enue where the Coumty left off-and Mr. Kohl replied that lOth Avenue is where we have been trying to get the C0d~ty to assist us.. Mr. DeMarco moved to grant these encum- brances o~ unexpended f~ds, seconded hy Mrs. Jackson. No discussion. Motion carried 5-0. Village Royale on the Green Beautification ~. Kohl told about receiving several calls requesting us to beautify the area around N. E. 22nd Avenue and N. E. 1st Lane similar to what we did on 26th Avenue. Mayor Zack added that this was on City property. Mr. Caldwell stated he would like something to be done there and does not want that area to slip away. Mr. DeMarco questioned the plans and ~. Kohl informed him it would be similar to what was done on 26th Avenue. He explained how some areas may take different trees. Mr. DeMarco moved to grant this request, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. ~yor Zack suggested possibly some other sections should be beautified and M~. Kohl replied they would be taken care of because we ha~e some extra funds which have been approved. Approval of Bills Kohl read the following bills for approval: Retirement Plans~ Inc. 2,601.75 A~ual service for Actuarial Report and special services for benefit stud~' Pay from Retirement Trust Fund 611-861-570-08-14 Willie Ruth McGrad~ Server for Senior ~itizens Club - 2 weeks Pay from budgeted funds 320-871-570-02-5A Ordinance #73-15, passed 5/15/73 76.80 -23 - MINUTES - REGULAR CITY COBNCIL M~ETING BOYNTON BEACH, FLORIDA DECEMBER 7, 1 977 IsiahAndrews Driver for Senior Citizens Club - 2 weeks Pay from budgeted funds 320-871-570-02-5A Ordinance ~73-t5, passed 5/15/73 88.00 Miracle Recreation Equipment Playground equipment~for Rolling Green Pay from encumbered funds I ,037.28 Boa~d o£.C.o~ty Commissioners Dmmp tickets for the month of October Pay from budgeted funds 001-321-530-02-9A 8,478.00 Allen Zusurance A~ency . Adjustment o~ General L!ability 9/20/76 - 9/2o/?7 Pay from Prior Year Expense 001-000-271-02-00 _6,656.6 _ 401 000-271 02 O0 $ 3,328.33 9,985.00 Russell & Axon 626-681-23-2/5 Inv. #1 5,760.00 Engineering services for Raw Water Wells 15 & 16 P~y from Utility General Fund 401-O00-169-01-00 Authorization dated 8/18/77 Russell & Axon 626-681-08-b Inv. #16 Resident inspection and engineering services during construction at Water Treatment Plant Pay from Utility General Fund $01-000-169-01-00 4,344.37 J Russell & Axon 626-681-08-3 Inv. #14 O0nsulting services during construction for Water Treatment Pls~t Pay fromUtility General Fund 401-000-169-01-00 Authorization dated 5/8/74 6,725.67 10. Wallace, McHars~ Roberts & Todd Inv. #1 Services rendered for Boynton Beach Comprehen- sive Plan Pay from budgeted funds 001-801-570-02-6A Council approved 9/6/77 3,150.00 11. Intercounty Construction Cor~. E~. #15 · a~er Treatment Plant expansion Pay from Atlantic Nationa~ Bank 1975B Series Contract dated 7/9/76 70,447.28 12. DeVos Construction Est. #3 Pistol Range Pay from account 001-20t-520-04-21 Subject to approval of transfer Bid accepted 8/9/77 8,911.67 -24- $INUTES - REGULAR CITY COUNCIL M~ETING BO~NTON BRACH, FLORIDA DECEMBER 7, 1977 Mr. Kohl stated that the bills described have bee~ approved and verified by the department heads involved; checked and ap~uroved for payment by the Finance Department; funds are s~ailable iR their resPective budgets. He therefore recem- mends payment of these bills~ H~ added that he did cut down No. 5, but showed the MAyor someppictures of what we had to contend with. It is unbelievable what was needed to clean up the City. Mss. Jackson moM~ed to pay the bills, seconded by Mr. Caldwell. ~nderdiscussion, Mayor Zack asked if it would be possible to get a ~etter print on the copies submitted as they were impos- sible to readaand Mr~ Kehl replied that he would see they are much better the next time. Motion carried 5-0. ADJOURNMENT M~s. Jacksom moved to adjourn, seconded by Mx. Caldwell. Motion carried 5-0 end the meeting was properly adjourned at 9:20 P. M. CITY OF BO~NTONBEACH, FLORIDA Mayor ATTEST: ~ Recording Bebretary (Two Tapes) /~ . · ~oancil Member ~/ Council Member -25- MEMORANDUM FrankKohl City Manager November 16, 1977 Perry A. Cessna Director of utilities ~u.~¢. Cranbrook Lake Estates We have the final approved plans for this subdivision. Their plans cai1 for a 10" water line running approximately 1900 feet south from 23 Avenue to the south end of their property. Our master plan calls for a 16 line along this area; and, as such, it is recommended that we contact the developer, Mr. Cogan, so that, we can coordinate this. The city Council should he requested to approve having our engineers, Russell and Axon, prepare ~lans'an'd~ specifications for installing a 16" line and taking bids for both _ a 16" 'and--10" line, with ~he City participating ~e difference 1. in the cost between the two pipe sizese I realize that this is sometime away; but, I feel we sho~/ld prepare it ahead of time, rather than wait till the last minute and get caught up in the rush on this project. ,[ PAC :bt cc: Tom clark City Engineer Central File Perry ~-i Cessna Directo~ of Utilities FLORID . TO THE tlONOBABIE MAYOR AND cOUNCILMEN OF T}~ CITY OF BOY'ON BE~CH~ A° ~'b'b~ City Clerk of the City of Boynton Beach, Florida, do hereby certiTy the following to be the results of the 6th day of December, 1977 A.D. (Ro~) Johnson David Roberts ABSENTEE SPOItED BALI~OTS T~AL V~ES CAST Edward F. H~rmening Ron~ld ii5 48 % _ 15_~_ :o,:t __3_o.3_ 314 158 287 486 ~48 2o .... 3_ .--~ 85 24 461 22o 484 ~4 62 2 64 2.~ 2 .~ ~ ~TE~ ALLO~.~ED !7 I.~ 2¢ 2.8 ~.e. 3.1 i I