Loading...
Minutes 11-15-77MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, NOVE~ER 15, 1977 PRESENT Joseph F. Zack, Mayor Emily M. Jackson, Vice Mayor Richard D. Caldwelt, Coumcilma~ Foseph DeMarco, CoUmcilman ~orma~ F.. Strnad, Councilman Frank Kohl, Cit~ M-~ger Tereesa Padgett, City Clerk ~ene Moore, City Attorney Mayor Zack called the meeting to order at 7:30 P. M. and re- quested e~eryo~e to ~lease rise at the sound of the gavel for the ~. ~r, Nuhin Lefkowitz, Lay Rabbi, by the Pledge of Allegiance DeMar¢o. AN~OUN~MENTS Mayor Zackread a Proclamation proclaiming the day of Novem- ber 19, 1977, as National Family Day. Mayor Zack announced the next regular City Council me~ing . would be held om Wednesday, December ?th, due to the M~nici pal ~lection scheduled for Tuesday, December 6th, to Ord~uance 77-31. Mayor Zack announced that Mr. Perry A. Cessna, the City's Utilities Directo~has been elected President of the Florida State Pollmtion Control Association. Ne congratulated Mr. Cessna a~d requested him to rise. Ee added that nnder Mr. Cessna's supervision, Mr. ~.arY Hammond, who ru~s the waste- water treatment plant, received a Class B certi£icatio~. ~yor Zackannoun~ed the next meeting of the South Central Regional ~astewater Treatment and Disposal Board would be held on ~ovember 3Otb at Boynton Beach Cit~ Nall at 7:00 Mayor Zackannounced that Cit~ Nall would be closed on Thmrs- day, November 24, iu observance of Thanksgiving Day. AGENDA APPR O~AL Mayor Zack a~aounce8 the following additions to the agenda: IX. ADMINISTRATIVE: J. Christmas Bonus K. Insurance in Regards to False Arrest L. Meeting in Regards to Sewage Plant Mr. Caldwell moved the adoption of the agenda, seconded by Mrs. Jackson. Motio~ carried 5-0. ML~TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 15, 1977 Mayor Zack referred to the agenda and annomnced if there was amy item amyone in the audience desired to speak on to please step forward and give their ma me to Mrs. Padgett and the City Olerk will call on them at the appropriate time. MINU Resular Gity Goumcil Meeti~ - November 1. 1977 When called on by Mayor Eack, Coumcilman DeMarco, Councilman Caldwell and CouacilmanStrnad replied they had nothing. Mrs. Jackso~ referre~ line, and made the a~ labor and costs". this paragraph~_ud m~ "written last year". from the bottom in owns some ef the t9 the fourth lime tmon to drop the Who] report". to Page 9, third paragraph down, third dition that they offered to help "with e then referred to the seventh line in de the addition she then read a letter Mrs. Jackson referred to Page 10, second paragraph, and clari- fied that it should he "~msigned" report. She referred to Page 11, second par_agraph, and clarified that ~he ~uestioned whether it was legalto bring up something having to ~o with the ~ivil Service Board. She referred to Page 15, thmrd paragraph,.and corrected the spelling to Mr. Cicconi. Mr. Caldwell moved t~approve ~he minutes as corrected, seconded by Mrs. Jackson. Motion carried 5-0. PUBLIC AUDIENCE Mrs. Blanche Girtman appeared before the City Council and advised that she is a citizen of Boynton Beach and has been since 19~6. She sta~ed that she comes as the representative of the community, the area in which she lives, to speak to the City Council and ask them to please consider the request, wishes and desires o~ build a ball park, S~ area will be detrime~ is a church there an~ mill activities. A ¢ street and in anothe~ directly ac~oss thews build this~ball pare is also going into o~ commanity ~_~d will al Council to consider the area in which they are abomt to nmsPark. They feel a Ball park in that tal to all the surrounding areas. There the windows are broken from run-of-the- hurch is also being built ac~ss the year, another church will be bmilt Sreet from where they are proposing to tennis courts, etc. This ball park e of the nicest areas in the black ut property lines. She is askimg the ll these things. Once a hall park is put there, it is forever. The Council has the power in their hands to stop it or let it go. She asks them to look -2- MINUTES - REGULAR CITY COUNCIL MEETING BOTNTON BEACH, FLORIDA NO~EMBER 15, 1977 into the future. Once that ball park is there, everything on Sunday afternoon will be there. Everything at night will be there. As it is now, there is no control. Once a ~all park is built, it cannot be moved. She camne~ move out of her house as easily as other people, hut must stay there. Please think about the hall park~ They are not against im- provements, but other things could he built such as a multi- purpose ~uilding, senior citizens building, etc., which could be used By everyone and would be beautiful at the tep~ of that hill~ She is s~re she voices the sentiments of every citizen in the black cemm~it~. They are trying te get to- gether and will get together to bring about a~other step to the Oouncil's attention. She kmows they have a lot ef hmsi- ness to attend to, but please consider their little Business. ~s. Jac~sam informed Mrs. Girtman that this originally came up in 1970 or 1971 and Mrs. Girtman replied that it was im 1975. Mrs. Jackson stated that it was talked about when Mr. Jones was the City Manager and that was in 1 ~70 or 1971. She then asked what funds were to be used for the development of this and ~. Kohl replied that it was ~ant funds a~d $90,000 h~s Been asked if it could be changed ~and Mr. Kohl re' it couldn't according to law. Mrs. Girt~ and Mr. Kohl replied that ac to the Commmm- i~y people, they sai~ they could no~ change the ~0r ~ack re~er4ed te Mrs. Girtman Girtman agreed, hut stated anything abont this. Mr. DeMarco suggested turm!ng this over to the Recreation Department a.nd Mrs. Girtmam replied that she learned about it by attemding a Recreation and Parks meeting a couple weeks ago. She was asked to held with the C.D.A.C. plans and that is whe~ she learned about ~his park. Ehe did not know about it ~e~re then. She ~ecame very concerned about it Dei~g Built ~it~in the next mont~ or so. She told the csmm~nit~ about it as they did not kmow about it. Mr. Caldwell referred to m~st people wanting parks and Mrs. Girtmam.clarified that the~ were not against a park, but would lmke a se~ior citizens Building or mmlti-purpose build- ing wi~h the churches there instead of a ball park. Mr. Caldwetl asked if she really felt it would be detrimental to the area and P~s. G'irtman replied that she very defi- nitely did. Mayor Zack questioned the acreage a~d Mr. Kohl informed him it was a couple acres. Mrs. Jackson asked if it would be possible to start it as a park and at a future time h~ild a senior citime~s h~ilding and Mr. Kohl replied that once a park is built, it would be hard to tear down a hall p~k, tennis courts, etc. He told ahout discussing this w~th Mr. Doug Dawson ~ud being advised that it could not be changed? The funds ~come im from Community Development MINUTES - REGULAR CITY COUNCIL MEETING BOYNTO~ BEACH, FLORIDA NO, ENtER 15, 1977 and are controlled by the Coumty Commission. Mr. Caldwell asked if some other legislative body was tellfug us we have to bmild a ball park there and Mr. Kohl replied that this ~ll park was asked for. Mr. Caldwell questioned our alter- natives and Mrs. ~irtman clarified that the question was whether the request for the ball park came from the area in which it is served or from someone who wants a ball park. She did ~ot k~ow about a ball park. She requested originally on the pla~us i~ 1975 that there be a senior citizens buildimg. She does not ~nderstand how the plan go~ alter~ated or turned a~ound. A ~all Dar~ was not requested from the citizens o~ ~ommunity Development. ~ayor Zack suggested that the City Manager discuss this with the Recreation Department and Mr. Dawson. ~s. Girtmam in- formed him that ehe spoke to the Director of Commmnity Deve- lopment for the County and ~derstan~s there are lots of things we can get. Mr. Dawson did not tell her when she attended the meeting and she asked him specifically. She would !~ke t~ be informed. She attends the meeting every month and thinks she shomld be apprised of what is happening. ~. Kohl stated that he would take care of this. Mr. Rubin Lefkewitz appeared ~efore the Council and referred to the last meeting when the residents of Village Royale appealed to their aesthetic sense requesting the planting of hushes and trees in a blighted area and stated he was appear- ing ~efore the Council t~night in appreciation for their ac- tlion on that particular item and particularly commend the Oity Manager who actively went to work. They really appre- ciate it. Mr. Lefkewitz then stated he would like to bring om the floor am item of a more sober point. He thinks they will be wit- nessing next week orthe week after a 20th century miracle throughout the world. He referred to the possibility of President Sadat of Egypt going to israel and speaking before the people ~f Israel on the question of peace. He woul~ like to appeal to ~he.Cgun~il, if at all possible, to set up a proclamation petmtmo~ug the President of the United States to declare o~ that particular date, if it becomes a reality, a day of prayer for the Middle East throughout the land. He thinks in that fashion we can, as a City, really become a watched City in the United States by making thispparticular appeal to the President of the United States. Mr. Caldwell so moved, seconded by Mr. DeMarco. Motiom carried 5-0. Mr. Norman Hands, 1119 North Seacr~st, appeared before the Council and referred to filing an applieation for a City taxi at the last meeting. He stated that he noted his new address of 11~ N~ E. ~Oth Avenue on the application and it was approved by.the Council. He was called on Thursday and was told it was rejected because of zoning. This has been MINUTES - REGULAR CITE COUNCIL MEETIN~ BOYNTON BEACN, FLORIDA N0~EMBER 15, 1977 operating and nobody has said anything. He understands the Yellow Cab is operating out of a residential area. He spent money after receiving approval and then was called on Thurs- day saying it was rejected. Mr. Kohl requested the Building Official to respond. Mr. Howell clarified that when this license came before the Coun ~l, it was approved for the sale from one owner to the other. At that time, the Building Department did not look at where it would be operated from. When it comes to the application for the occupational license, it is investigated for zoning~ etc. When this came up, they found it was in a C-2 zone on N. E~ loth Avenue which does not allow taxi cabs. The man,s address on the p~evious license was in a ~-4 zone. If he was operating somewhere else$~ it was illegal. Mrs. Jackson stated that all that could ~e done would be to him o to ~he Ne thinks we: this so pertj New if we force only operate mndue hardship. people come in for te them olved in trans- zoning He in this waF aromnd. ~re dealing ends ~eet. some special Mayor Zack commented that it would have been best if Mr. Hands ~ent through the Building Department before coming to the CoUncil. M~. Howell explained that when an occupational license application is filled out, everything is investigated for ~ne us~, ~rope~ zone, etc. He will do whatever the Coun- cil says on this, but di~ not have the authority to issue a license. Mr. DeMarco asked if it would be hard to change the zoning to C-4 and Mr. Caldwell replied that two public hearings would be involved and at least another mont~ and the man has invested money. Mrs. Jackson asked if he was buying the pro- perty or renting it and ~. Hands replied that he was renting. Mrs. Jackson asked if there was any place availa~e in C-4 and -5- MINUTES - REGU ~LAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 15, 1977 Mr. Hands replied that he is renting pretty cheap and has a radio a~d telephone. Mrs. Jackson stated that if an excep- tion was m~de for this, it comld be setting a precedent. F~. Hands stated that it did not seem te impose a problem before and it has been operating on 10th Avenue forever and nobody said anything in the s~me zoning. Mrs. Jackson asked if loth Avenme was rezoned in the last plan and Mr. Howell informed her it was rezoned in J~ne 1975. He added that in the case of a man operating a business in a zone where it was a non-conforming use, it Would be grand£athered, ~t if this mauwas operating it, it was illegal Becanse the license was in a C-4 zone. Mayor Zack requested a recommendation from the City Attorney and ~. Moore replied that he did not think the Council had the legal ~uthor±ty to allow a ~usiness to be operated in a zone in which it is not allowed. The fumction of the Council was to approve the transfer of the license. A~yBody going into business~ should make an investigation that it is the proper zoning~ Mr. Hands replied that there was no ether assumption that he could make since it was operating in that zone and he j~st moved across the stree%. Eweryone says go the legal way and this is what happens when you do. He should have just moved it. ~henyom do it illegally, yom get away with it. ~. Caldwell asked if anything could be done and N~. Moore replied that the only thing to do is change the zoning if he goes through the proper applications, But he doesn't recommend that. Mrs. Jackson stated that we can only suggest that he ask for a change o~ zoning from the Planning & Zoning Board. Ma~or Hack suggested that he apply to the Planning & Zoning ~ard. Mr. Caldwell asked if the Council could grant temporary usage and M~. Moore replied they could only if they were prepared to grant it to others coming i~. Mrs. Jackson added that it was almost like telling the Planning & Zoning Board what kind of decision they have to make. Mr. Hands referred to the grandfather clause and stated he didn,t know why it couldn't be done for him. He stated that Mr. Miller was operating under the same zoning. Mr. Caldwell suggested possibly giving special permission for two months to allow N~. Hands to go through the Planning & Zoning Board and also possibly look for another ~ea in C-~ which would at least afford him the opportunity to earn a living while the paperwork and formalities are being taken care of. Mrs. Jackson replied that she thinks this idea sounds fine, but it would be setting a terrible precedent. It would be giving somebody the right to do something against the law. -6- MINUTE~ - REGUL~ CITY COUNCIL ME.~TING BOYNTON BEACh, FLORIDA NOVEMBER 15, 1977 Mmyor Zack asked if it would be possible to leek into the zoning within the next couple weeks and move his $2,000 in- vestment and ~ro Nands replied that he would have to look into it. He has just Been told the license was rejected. He ca~not eveu get a license now. ~e was told ~he could operate i~ the same place, hut cannot without a license. Mrs. Jackson clarified that the license was rejected because of the zoning. The Council a~preved the transfer e~ the license only. The ~ccupatioual license has mothi~g to do with the Co~mcil. Mr. ands replied that he still must have a license to operate. Mrs. Jackson stated that the Council only VeXed to transfer the license from Mr. Miller te him. Mx. Ea~s replied that he ca~ot operate mow, ~ut Mr. Miller could operate there. Mayor Zack questioned the zoning Drier te 1~75 and asked if Mr. Miller wasggrandfathered in and Mr. Kohl informed him that Mr. Miller's licemse was issued to 3rd ~treet which was C-4 and evidently he moved to lOth Avenue himself. N~. Caldwell moved to grant Mr. Hands a 60 day temporary license, at the end of which time if he has mot fo~ud suit- able quarters i~ C-4 zoning the license will expire. Mayor E~ck laid aside the gavel to second the motio~. ~nder dis- cussion, Mayor Zack questioned whether Mr. Hands should go before the Planning & Zoning Board or just £ind another place an~ Mr. Caldwell clarified that during the 60 day,period, Mr. Hands may go before the Planning & Ze~g Board er find a suitable location in C-4 zoning. Ee will be given two choices during the temporary period. He k~ows we have ordinances on the hooks; however, extenuatimg circumstances do arise and he thinks we shoul~ af£erd the people of the City some flexibility. He does not thi~k 60 days is violatimg the law, but h~nding it a little bit and at the end of the 60 day period, if he has not made arrangements for compliance with the ordinance, he would lose it. Mrs. Jackson replied that she would like to vote for it, but we do not have anything sa~ing we can vio- late a law. Mr. Caldwell replied that there is nothing say- ing specifically that we are denied gran~isg a temporar~ stay. Mrs~ Jackson stated that the ordima~ce is specific. Mr. DeMarco then asked the City Attorne~ that if this was passed, how far would the Council be sticking out their necks and Mr. Moore replied that he does not think there is legal authority to implement the motio~ as it stands. He does not thi~k~ the Council csm grant somebody a special privilege on a hardship or otherwise and net conform te bhe ordinance. ~. Hands stated that someone has the amthority because the zoning has beem changed~ Mrs. Jackson i~Tormed him that he could go before the Planning & Zouing Beard, but the Council could not guarantee it would be changed. Mr. Caldwell stated that the problem is the owner must go be£~re the planning & Honing Board to request a change in zo~ingo Mrs. Jackson replied that the owner could give Mr. Hands permissio~ te represent him. Mr. Kohl suggested that Mr. Hands look into the possibility of moving into the C-4 zone and stated he -7- M~INUTES-- REGULJ~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA N0~EM~ER 15, 1977 would guarantee the help of the Building Official to find zoning ~u the area where he might locate. He cannot guarantee the rent, but they will show him all the areas where he could locate in a short t~ime. A vote was then taken on the motion and the motion failed by a vote of 3-2 with Mayor Zack amd Mr. Caldwell voting in favor. Mr. Kohl requested ~. Hands to come into his office tomorrow and stated he wo~ld ha~e somebody to help him. Mr. Hands re- plied with a reqmest to be just given a map showing where the C-4 zoning is and added thathe needed the help tonight. Mr. Kohl assured him that they would help him. BIDS Seacrest Boulevard Utility Relocation ProSec~ Mr. Kohl informed the Council that no bids were received on this project. Three (3) contractors picked ua plans and specifications. Belvedsre Construction Company of West Palm Beach did not bid~because of excessive workload in the north end of the County. Webb General Contractors, Inc. did not bid because there were several places in the specs that were too loose (per Mr. Logan Cushman of Webb). Barile Excavating Company has a heavy workload at this time, but would be will- ing to negotiate for the job for a later dat® per Mr. Frank Heitzler. He is sure they are aware that this is one of the federally funded projects which must commence within ninety days or the funds for the project, will be lost to the City. Our grant offer was received by E.D.A. on September 16, 1977, therefore, on,site labor for the project must begin no later than December 14, 1977. Due to the fact that no bids were received, he did contact Atlanta to request an extension, but was informed we have to go out for bids again. They will try to help us if we cannot obtain the bids the second time. Mrs. Jackson moved to strike this from the agenda, seconded by Mr. DeMarco. No discussion. Motion carried 5-0. .PUBLIC ~EAR ING NO~E LEGAL Ordinances - 2nd Readin~ - Public Hearing Proposed Ordinance No. 77-32 - Re: To Provide for an Amended Estimate of Revenue and Expenses for the Fiscal Year Beginning 0cto~er 1~ 1977 and Endin$ September 30, 1978. M~. Moore read proposed Ordinance No. 77-32 by caption on second reading, MINUTES - REGULAR CIT~_ COUNCIL ~ETtNG BOYNTO~ BEACH, FLORIDA NOVEMBER 15, 1977 Mayor Zack asked if anyone wished to speak in favor of this ordinance and received no response. He then asked if anyone wished to speak in opposition to this ordinance and received ~0 rssponseo Mrs° Jackson moved to adopt Ordinance No. 77-32 on second and final reading, seconded by Mr. Caldwell. No discussion. Mrs. Padgett took a roll call vote on the motio~ asffollows: Councilmam Caldwell - Aye Goun¢ilman DeMareo - Aye Vice ~ayor Jackson &ye Councilman Strnad ~A~e Mayor Eack - ~ye Motion carried 5-0. Ordinances - 1st ReadinE Proposed Ordinance No. 77-33 - Re: An Ordinance Providing for Adjustments of General, Federal Revenue Sharing, Publicity and Operating Capital Improvement Funds ~. Moore read proposed Ordinance No. 77-33 in its entirety on first reading. M~. DeMarco moved to adopt Ordinamce No. 77-33 ing, seconded by Mr. Caldwell. No discussion. took a roll call vote om the motion as follows: on first read- Mrs. Padgett Councilman DeMarco - Aye Vice Mayor Jackson - Aye Councilman Strnad - Aye Councilman Caldwell - Aye Mayor Zack - Aye Motion carried 5-0. Resolutiens Proposed Resolution No. 77-JJJ - Re: Demolition of Structmre Behind Tropical Acres Restaurant, 2320 Somth Federal Highway (Tabled) F~. Moore explained that this proposed resolution also in- cluded the demolitionof thestructure of Town & Commtry Squire behind 802 N. W. 2nd Avenue~per the appended report to the resolution. He then read Resolution No. 77-JJJ. F~s. Jackson moved to approve Resolution No. 77-JJJ, seconded hy N~. Caldwell. Under discussion, Mrs. Jackson clarified that both structures were included and ¥~.Moore agree~ and ad~e~ that ~he report was appended to the resolution. Mrs. Padgett then took a roll call\vote on the motion as follows: -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NO~EMBER 15, ! 977 ¥iee Mayor Jackson - Aye ¢o~ucilmam Strnad - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Mayor Zack - Aye Motion carried 5-0. Other Co~sider Proposed Contract - Re: Reeodificatio~ of the Ordi- ~. Moore referred to the contract having been submitted to the Council and advised that he and the City Clerk obtained t~is contract te include the actioms discussed previously. Mrs. Jackson moved to have the appropriate people sign the ~ontract for the recodification of the ordinances, seconded by Mr. DeMarco. Under discmssiom, Mayor Zack asked if the old Binders could be used and Mrs. Padgett replied affirma- tively and stated they would be the same sime. Motion car- ried 5-0. OLD BUSINESS Consider Appointment of One Board (Tabled) Member to Commmnity Relations Mr. DeMarco moved to take this from the table, seconded by Mrs. Jackson. Motion carried 5-0. Mrs. Jackson told about talking to Mr. Joe DiFiore after the last meeting and Being advised that he has changed his mind and would like to ser~e on the Community Relations Board. She then nominated R~. Joe DiFiore, seconded by Mr. DeMarco. Under discussion, M~. Caldwell questioned how many positions were open and Mayor Zaek replied that more people were needed. Mr. Strnad stated that if M~. DiFiore is here, he would like him to come forward and tell him that he would like to be on the COmmunity Relations Board because at the last meeting, he was ~ery adam~ut and said he did not want to be on the Community Relations Board but wanted to beton the Civil Mrs. Jackson suggested appointimg Mr. DiFiore as he can and more ~eople are needed. Mr. Caldwell nominated Mr. John Miller and gave a brief resmme for M~. Miller and added that he would like very much to get involved in the workings of the Cit~ and has offered his ser- Vices to the City. Mrs. Jackson then nominated Mr. Arthur Berman also. Mrs. Jackson made a motion to appoint these three to the Community Relations Board, seconded ~y Mr. Notion carried 4-1 with M~. Strnad dissenting. gentlemen Caldwell. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 15, 1977 POll Watchers & Precinct Workers - Mayor Joseph F. Zack Mayor Zack referred to the Black Book not having a require- Mrs. Jackson explained how there were differences in the State Law~ such as the primary dates, etc. Mayer Zack clar- ified that he was just saying it was not in the BlackBook as he has researched it. Mayor Zack then referred to precimct workers and stated he thought they should be residents in the precinct in which they work. He snggested the '~ity Clerk~eing given the author~ all~ to have this done. Ers. Jaeksea referred to and explained how some had people that ~thers have more than enough to serve, that many ~eople did not know they had ~igm .mp or call ia. Mrs. Padgett clar- ified that the list was mot ~sed last yesm and she feels this sectio~ be ~pdated. poll workers should the precinet and she endeavors to follow Mrs. Jackson re- marked ~y codifying getting the election it will hel~. Mayer Zack re~lied iha~ the ~ook weuldn,t be?eaSy for over a year and it could e sene easily eno~g~ toni~t with passimg a motion author- ming the City Cler~'to fellow this suggestio~ N~rs. Jackson stated that another thing whic~ held things mp this year was the rmling that everyone had to go to school and learn the new method. Some people were not able to at- tend school. Mayor Zack asked how many did not attend and Mrs. Padgett replied that most of the work, rs will be in attendance, bmr she has an extra group attending in case of cancellation. Mrs. Jackson referred to having this on the agenda previously and stated that the whole election law would have to be worked over,in doing the codification. She agrees changes are needed. Mayor Zack replie~ that it will be over a year before the Black Book is ready and he thinks the City Clerk should be given some directiom tonight. Mrs. Padgett suggested pro- ceeding with getting the ordinance draw~ Mrs. Jackson me, ed ts authorize Mrs. Padgett to work on get- ting this ready and put it in packa~ge form for an ordiaance. Mayor Zack requested the City Clerk to w~rk with the City Attorney. Mrs. Padgett agreed, but stated she wouldn't have time until after the election. M~. Caldwell clarified that this pertains specifically to the p~ople checking signatures and has nothing to do with the candidates, poll watchers and Mayor Zack agreed. Mt~TES - REGULAR CIT~ COUNCIL MEETING BOY,TON BEACH, FLORIDA NOVEMBER 15, 1 977 Consider Recommendation of City Planmer, Mr. Carmen Annunziato Re: Pla~med Unit Developments (Tabled) Mrs. Jack~o~ moved to take this from the table, seconded by M~r. DeMarco. Motion carried 5-0. Mr. Kohl read Mr. Amuunziato's attached memo dated October 17 perta!ming to the Anson PUD and Meadows PUD. He advised that only one response was received from E~ellwood Groves, which he submitted to the Coumcil. Mayor Eack clarified there were no responses from the others and Mr. Kohl replied affirma- tively and added that return receipts were received confirm- lng their delivery. Mrs. Jackso~ moved to accept the recommendation from the City the properties mentioned, Meadows PUD and Amsom PUD, back to RIAAA and nullify amy agreements made in connection therewith~ Mr. Caldwell seconded the motion and the motion carried 5-0. ~ons Development Plans for Eight Parking Spaces at Condominimms (Tabled ~m. Kohl informed the Council that the Planning & ~oni~g Board at their regular meeting of October 25, 1977, mnani- ity Appearance Board hav~ ~been smbmitted indicating their action om this request. Mr. Catdwell moved to grant approval, seconded by Mrs. Jackson. ~nder discussion, Mayor Zack clarified that the Oemmunity Appearance Board jmst required the hedge to be installed and Mr. Kohl ~agreed. Motion carried 5-0. Discmss Melear Property Co~ncilmam Joseph DeMarco Mr. DeMarco suggested that any further action on this pro- perty be deleted since the property has been sold. NEW BUSINESS Consider Request e£ P. B. Regional Visitin~ Eurse Association ~r. Kohl read the attached letter dated November 1, 1977, item the Palm Beach Regional Visiting Nurse Association, Inc. appealing to the community to provide financial assistance. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 15, 1977 Mr. Henry Ullman, President of the Palm Beach Regional Visit- ing Nurse Association appeared before the Council and informed them that this is a United Way Agency; however, im the first nine m~nths ef this year they have taken $1~0,000 loss using up the reserves they have. They do give service to all who ask for it but in the last month have had to refuse care te the Comut~ ~digent amd refer them to the County Health De- partment who do not have a ~i$iting nurse service. They have takem this step hecause the Coumty was unable to help them ~u their fumding this year. They can me longer contimue te gi~e free care without finding pay for it. They are approaching all the Ceunty asking for help. Ne read the figures appl~ to the City of B~yntem Beach pertaining to the nmmher of ~ts served an~ pointed out that the bottom line reflec'ts ~fi¢it. They feel they de a good job is this area the Git~'s help. He then intrcduce~ the B~sinessManager and one of the ~urses, a resident ef Boynton Beach. Mayor Zack referred to having a ~dget set up and stated that he talked to the City Manager about this and we won't know where we stand on unappropriated surplus until January or February. He does appreciate the fine work this Association is doing. M~s. Jackson agreed that this Association is one of the finest organizations, but the City just does not have the money new. She back burner for the come up with in January or February. Mr. Kohl added that he talked to Mayor Zack about this today a~ by the end of Eeb- ruary, he hopes to bring to the Mayor and Council the unappro- priated surplus. Mrs. Jackson suggested noting that some should be put aside for this. She adde~ that this was for the people in Boymton Beach. Mr. DeNarco asked if the United Fund helped at all amd Mr. Ullman replied that they do get funds from the Palm Beach Coumty Unite~ Way. Consider Re2uest from Town of Gulf Stream Re: Place Au Soliel Mr. Kohl reEerred to the correspondence submitted pertaining to this and stated that the Town of Gulf Stream would like to terminate the service and purchase the system for Place Au Soleil. After several meetings, our estimate of the material used is $9,701.28 and they have offered us $9,000. Ne has talked to the Utilities Director and they feel we will come out all right with accepting the offer of $9,000. Mr. DeMarco asked if the fees were collected for the fire hydrants and Mr. Kohl replied negatively. M~s. Jackson stated that we did work ontthis. Mr. Eohl suggested accept- ing the offer of $9,000. Mrs. Jackson moved to accept the $9,000 quickly, seconded by Mr. DeN~rco. Under discussion, Mr. Caldwell asked if they meant all the fire hydrants were installed at our cost and MINUTES - REGULAR CIT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 15, 1977 Mrs. Jackson replied they were supposed to pay $75.00 per year but never did. Mr. Kohl added that it goes back for years. Motion carried Consider Additional Holiday for City Employees, Friday, November ~Sth - ~or Joseph F. Zack Mayor Zack referred to having set a precedent during the past eight to nine years with the City employees having Thursday, Friday, Saturday and Sunday off for Thanksgiving. He reqmested the Oomncil,s feeling about continuing this policy. Mr. DeMarco moved to grant Friday, November 25th, as a holi- day, seconded by ~. Caldwell., Under discussion, Mrs. Jacksom suggested if there is going to be any rewriting of the Civil Service rules maybe Columbus D~v should he switched for this holiday, ~. Kohl replied that he would discuss this. Motion carried 5-0. Co~ider Requests of Re: Poll Watchers Mr. David Roberts and Mr. Joe Delong - ~s. Jackson moved to accept the lists submitted, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. ADMINISTRAT~ Consider ReQuest of Davis Meter & Supply - Re: Odophos Application M~ Kohl referred to the letter dated October 24, 1977, sent to Mr. Perry Cessna from Davis Meter & ~upply and stated he would like to start this program inasmuch as we will only have to pay for the chemical. They will provide th~ tanks. If it works, everyone will be glad. He suggests trying it. Mayor Zack added that we did spend $t0,000, but did not get any relief and hopefully this will help. ~. DeMarco moved to grant this request, seconded by Mrs. Jackson. Under discussion, Mrs. Jackson ~uestioned the city listed in the letter and Mr. Cessna told about the plants he visited in various cities. Mr. Caldwell asked if the figures were right stating 80% plus or minus and Mr. Cessna explained how they hoped this would kill the odors in the field. They add the same chemicals in the field and it could effect a sav- ings in the chemical cost at the plant. They feel they can kill the odor and reduce the operating cost at the same time by at least $10,000 to $15,000. If it does not work, they have not lost anything. Motion carried 5-0. Consider Request of Utilities Director to Purchase Two Valve~ Mr. Kohl read the attached memo dated October 28 from Mr. Perry Cessna requesting approval to purchase val~es. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 15, 1977 Mrs. Jackson asked if it was legal to make this purchase without going out for bids and Mr. Kohl replied that there are only two compamies which m~ke this type of valve and both have gi~s~ a bid and the recommendation is to accept the lowest. Mr~DeMarco moved to grant the request to purchase the valves as specified from ~. A. Industries, Inc., seconded by Mr. Caldwell. NO discussiom. Motion carried 5-0. Approval to Demolish Etructure - ~own · Country Squire (T~en care of by Resolution No. 77-JJJ.) Salary Increases - Oo~ncilman Joseph DeM~rco N~. DeMarco referred to there having been hassles about the salaries of the Police Department, Fire Department and em- ployees and he suggests possibly having a straw vote on this issue. Also, the Police Department did present a petition. He wonders whether a straw vote should be taken asking the people if they are in favor of granting all the City employees an additional raise with giving the facts that it will increase their millage approximately 1 mill. It must be pointed out that a $35,000 house would bring the tax rate to approximately $35.00 per house. He thimks the figures should be brought out and if the people are willing, it would save a lot of hassling. M~yor Zack replied that in regards to the Police Department, he does not think their hassle is on salaries but other things from what hd has read and they did receive a 10% increase. Mr. Kohl clarified that approximately 9G% will have received 10% by the end of the year with the imcrement and cost of li~ing raises. Mayor Zack continued that salary increases should be discussed before the ~udget. He,has had no com- plaints and only hears~ ahout salary from one policeman. He asked how cur salaries rated and M~. Kohl replied they were i~ the middle or above. Mr. DeMarco s~ggested that this be considered im order to pIan the budget and he thimks the have their say. for next year people should N~s. Jackso~ questioned the~number of personswho signed the petitions submitted by the Police De~rtment and Mayor Zack replied that the petitions referred to uniforms, etc. and not ~alary alone. M~. Kohl agreed. Mayor Zack suggested sticking with the budget. Mrs. Jackson added that if it went out £or a straw vote, she thinks it would be turned down. Mx. DeMarco referred to it taking the burden off of Mr. Kohl's back and being a good way to determine it. MINUTES - P~GU ~LAR CITY C0~CIL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 15, 1977 Mr. Caldwell stated he could appreciate what Mr. DeM~mrco is saying and what he is trying to achieve. However, the Police Department's requests are not specifically for hi~her .pay and they should be given consideration for putting their lives on the line. Everyone needs higher pay to keep ahead of infla- tion. He also referred to the Fire Department ~eing concerned about having a trai~ing officer, mpdating their equipment, etc. In reference to the Police Department, they have changed to wash and wear mni£orms which has reduced the cost and what they are primarily petitionin~ for is te negotiate a ~good" contract. There have been misconceptions on both sides of the argument from the Oit~ N~uager and P.B.A. He does mot think they completely understood each other's position. Ne agrees with a straw Tote, ~ut if the people reject it, what happens next yea~? Mr. DeMarco replied they weald still get their 5% and he thi~W~ it would take pressure off Mr. Kohl. Mayor Zack then requested comments from the City Manager and added that we are slightly above in sal~_ries. F~s. Jackson stated that she is satisfied, but understood this suggestion was to get the feeling sf the people whether to give everyone more. Mayor Zack replied that we have given 10%. Mrs. Jackson replied that if the taxpayers want to foot the bill, it could be increased. Mr.~ Kohl informed the Council that he has a letter from P.E.R.C. stating he is going before a Special Master and anything stated can be held against him at the hearing. Mrs. Jackson suggested dropping tke discussion. Mr. DeMarcc clarified that he was referring to every employee and Mr. Caldwell disagreed with this and stated he thinks certain jobs are more hazardous than others. Mr. DeMarco informed him that the Fire Depart- ment,s work was more hazardous than the Police. Accept Resignation of Mr. William R~ Cwynar, Eommunity Relations Board Nrs. Jackson moved to accept the resignation from Mr. William Cw2mar. Mr. Caldwell seconded the motion with the stipmlation that a letter of regret be sent. No discussion. Motion car- ried 5-0. Mayor Back suggested that a temporary Chairman be appointed and Mrs. Jackson replied that the Boards ha~e always~elected their own Ohairman and she thinks this Board should re-organ- ize. Mayor Zack suggested Mrs. Blanche Girtman be appointed as temporary Chairman. Mr. Caldwell moved to appoint Mrs. Blanche Girtman as temporary Chairman of the Community Relations Board until such time as they re-organize, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. -16- MINUTES - REGULAR CITY COUNCIL MEETING N0~EMBER 15, 1977 BOYNTON BEACH, FLORIDA Consider Request of Seventh Day Adventist Church Mr. Kohl referred to the letter submitted from the Seventh Day Adventist Chmrch and requested theirrrequest to be granted to carry on their world wide appeal as they are recognimed am a church. Mrs. Jackson moved to grant this request, seconded by Caldwell. No discussion. Motion carried 5-0. Reqmest sf Mrs. MariomPierce for Refund of U~used Cemetery Lot Mr. Kohl referred to the request submitted and advised that it has been checked out. Mr. Caldwell moved to grant this request, seconded by Mr. DeMarco. No discussion. Motion carried 5-0. List of Payments for October Mrs. Jackson mowed to accept the List of Payments for October and attach to the October minutes, seconded by Mr. Caldwello Under disc.ussion, Mayor Zack and Mrs. Jackson referred to the poor printing o~ ~t~e list and ~. Kohl informed them it had Been done by the computer and reduced in size. Motion carried 5-0. Approval ef Bills Mr. Kohl read the following bills for approval: 1. Allem Insurance A~enc~ $ 1,644.00 Amendments to auto liability insurance Pay from budgeted funds 001-801-570-02-49 DeVos Construction Co. Est. #2 11,703.33 Pistol Range addition Pay from budgeted funds 001-201-520-04-21 Bid accepted ~/9/77 3. Florida East Csast Railws~ Company 1,787.95 Paving N. Eo 6th Avenue crossing Pey from Accounts Payable 001-000-202-00-00 Agreement of 11/~7/$9 Allen Insurance Asenc~ Coverage for Building & Contents Pay from budgeted funds 001-801-570-02-43 40~-801-570-02-43 21,057~00 $10,528.50 $~0,528.50 Intercounty Construction Est. #14 ~ater Treatment Plant Expansion Pay from Atlantic National Bank 1975B Series Contract dated 7/9/76 156,404.43 ml7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA NO~MBER 15, 1977 Carpenter ~ M~V & Bremer ?,981 lOC Interim billing for financial statements for fiscal year 9/30/77 Pay from budgeted funds 001-131-510-02-66 $4,639.00 401-503-550-02-66 $3,342.00 IsiahAndrews Driver for Senior Citizens Club - 2 weeks Pay from Bndgeted f~unds 320-871-570-02-5A Ordinance #73-15, passed 5/15/73 110.00 Club - 2 weeks Pay from budgeted f~ads 320-871-570-02-5A Ordinance #73-15, passed 5/15/73 96.00 Pmblix 138.17 Mea--~for needy and infirmed Pay from budgeted funds 320-871-570-02-5A Ordinance #73-15, passed 5/15/73 10. I.B.M. Corp. 4,O29.00 'ComRuter rental for the month of November 1977 Pay from Budgeted funds 001-133-510-02-21 ~. Kohl stated that the bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department; f~nds are available in their respective b~dgets. He therefore recom- mends payment of these bills. ¥~. Caldwell moved to pay the bills, seconded by Mrs. Jackson. Under discussion, Mayor Zack referred to Item 6 and stated last year there was some kind of certificate issued to the Finance Department and he suggested doing the same thing this year. It only cost $40.00 and would help the bond rating. Mr. Oaldwell asked if he meant we award ourselves a certifi- cate and they co~sider~i~ and Mr. DeMarco replied that we are buying it for ~40 a~ud he does not think it should be worth $~.00. Mr. Moore stated that he thinks it comes for a Finance Of£icer, which we do not have, but he will check into it. Mayor Zack added that it gives recognition to the City. Mrs. Jackson then asked how much more was to be paid om the pistol range a~d M~. Kohl replied that we only had about 1/3 more to go and they have to finish the rest. There was about $30~000 estimated for it. Motion carrie~ 5-0, Christmas Bonus Mrs. Jackson moved to give a Christmas Bonus of $25.00~ not including the Council since we are public servants. Mr. Caldwell seconded the motion and the motion carried 5-0. -18- MINUTES - REGULAR CIT~ COUNCIL MEETING NO~EMBER 15, 1977 BOY'ON BEACH, FLORIDA Insurance in Re~ards to .False Arrest Mr. Kohl referred to having had this insurance at a cost of approximately $4,?00, hut it has been cancelled out like many other cities. The an~ual premium is $17,595. He has called eight cities and their premiums are higher than this. It is only available from the H~ut COmpamy and it is necessary to have this~ Mr. DeMarco asked if it had been cancelled yet and Mr. Kohl replied affirmativel~ and added that he appropriated $10,000 and is writing to the State. Mayor Zack remarked that we have no choice. Mrs. Jackson moved to grant it, seconded by Mr. Caldwell. Under discussion, Mr. Caldwell asked if ~unt was the company or the agency and Mr. Kohl replied that he thinks it is the name of the company. Mr. Caldwell asked if they checked with the Insurance Commissioner LuWest Palm Beach and Mr. Kohl replied that Mr. Sullivan has been msd~ug the calls and he will recheck agaim tomsrrow. He has ~sen in contact with the City agent and has made mamy phone calls trying to get it. Mr. Caldwell suggested checking with the Insurance sioner in ~est Palm Beach to see what companies in Florida offer this type o£ service. Allen may not have the knowledge of every company. Mr. Kohl informed him it was Joh~ Hunt and Associates im Tallahassee. He checked with eight cities and they all carry their false arrest ins~urance with Joh~ Hunt. Mr. Caldwell requested him to please check with the ~nsmrance Commissioner to see what other companies offer it. Motion carried 5-0. Meeting in Resards to SewaSe Plant Mr. Eohl referred to a letter being submitted from Russell & Axon giving a synopsis of the meeting today in Tallahassee. He added that M~. Hallman would submit a more detailed report next week. He thinks it should be pursued. Mrs~ Jackson moved to follow through o~ this, seconded by Mr. DeMarco~ Motio~ carried 5-0. ~ Kohl referred to Just receiving the information yesterday about this meeting and told aho~t taking it upon himself to contact N~. Eallman ts attend. ADJOURNMENT ¥~s. Jackson moved to adjourn, seconded by Mr. Caldwell. Motion carried 5-0 and the meeting was properly adjiourned at 9:10 P. M. MINUTES - REGULAR CITY BOYNTON BEACN, FLORIDA COUNCIL MEETING NOVEMBER 15 ' 1977 ATTEST: CITY OF BOYNTON BEACH, FLORIDA Co ~u~cil 'Member City Clerk Recording Secretary (Two Tapes) -20- MEMORANDUM City Manager City Planner October 17th, 1977 Reversion of Zoning/Meadows, Anson Plan~ed Unit Developments (PUD) It has come to my attention that the Planned Unit Development (PUD) zoning classification applicable to the two developments nauned above has expired owing to the failure of the Developers to file preliminary and final development plans as perthe City Subdivision Regulations as required by Chapter 31-1 (3) of the. Boynton Beach Code. The Anson PUD was approved in two parts. The approximate North one-half was annexed and zoned PUD by Ordinance Number 75-6 on March 4th, 1975. The southerly parcel was rezoned to PUD fro~ R-1 by the City Council on June 3rd, 1975 as a park of the City-wide rezoning. The Meadows PUD was annexed and zoned PUD by Ordinance ~umber 74-31 on September 17th, 1974, Exhibit "C" of this ordinance defined the property commonly known as Knollwood Groves. The Meadows less Knollwood Groves was zoned RS Residential Single Family District/ Special Exception. PUD by the County Commission on July 17th, 1973, Resolution Number R-73-379. It is my recommendation that the City Counc~t take action revert the zoning from PUD to R1AAA and to nullify any agreements made in connection therewith for the Meadows/Knollwood Groves and Anson Planned Unit Developments. to CSA:pf enc. co;to: Knollwood Groves Inc. Leadership Homes of Palm Beach Henry Fox Fenton Martin, Truste~ Edward J. DeBartolo Inc. Carmen S. Annnnziato, City Planner PALM BEACH REGIONAL VISITING NURSE ASSOCIATION, 5601 Corpor~Ie Way Suite 400 SUB UNITS: O~ean P~zzz - ~0 E. Ocean West Palm Be~ch. Fla. 33407 Telephone: 689-7862 ~. F~ank Ko~, eJ~y Manag~ e~ty of Boynt~n B~ 120 ~.E. 2nd Avenue Boynton Beach, Fla. 33435 Dear ~. Kohl, The Palm Beach Regional Vis/ting Nurse Asso~ Inc. ha~ proulded hame h~th care t~ the residents of Beynton since I971. ~e are asb~ng that the Commissioners eo~6lder atloaating funds to u~ to subsidize the care of patients who a~e unable to pay for th6ir acre. It is the pbAlosophy of the Vis/ting Nurse Assoe~n to provx~e ease to those who need it u~:thout regard to race, e~eed, color or ab~ to Dwting the first ten (10) months of I~77 we provided 3,350 vis~ to p~b~e~ts in Boynton Beaeho The atZached sh~e~ indicates the m~thod of merit for those vis,ts and the def~ incurred durin~ thi6 pe~ciod. It is only wi~ flnane~ support from the community that ~e ea~ eontAnue to Ziver this Dw~lng the past few months, the demdnd for service has ~upers~ded the far ~eimbur~em~ from fees and eontributJ~ons. It the~efore becomes neces- sary to appeal to the eomm~L~y to provide flnanextal ~e ~ be pl~ed to provide further informat~n that yo~ ma~ ~eq~Lce or ~equest. Slnc~t~y yo~, ~ Executive Diceet~ ~KBlhb cc: ~oseph Zae~, Mayor Emily Jackson, Vice Richard Joe No~an St~ A N D U M · Perry A. Cessna \~ ~ ~ .~ '~=~'Water Treatment Plant ~ Director of Utilities~. ~ Budget Under the Water Plant's budget for this year, 550-02.33, we have budgeted $8,500.00 ~t of for the ~rchase and installation of two (2) (electrically operated) and one (1) 8" check valve to replace ~e existing check valves~ The replac~ent will el~inate the water ha~er that is developed, because of the back pressure when p~s are shut off. This will complete the conversion in ~e water plant. Account No. 401-512- the $20,000.00 total, 12'' check valves There are two companies which make this type of valve; one is the Golden Anderson Company, and the other is G.A. Industries° Actu- ally~ G.A. Industries and Golden Anderson manufacture the identical valves -- G.A. Industries having split from the original Golden Anderson Company. I have enclosed a purchase requisition %261 for three (3) of these from the lower quoter, G.A. Industries, Inc. out of Pittsburgh,. You and I have discussed this previously; and since ~his purchase is substantially over $1,000.00, and will take sometime for delivery, you felt that you should go to Council with it so that we would have prior approval. I believe this will give you the necessary informa- tion that is required for the Council's approval. PAC: fs Attn: Requisition 261 cc: Melvin Colgin, Supv. Water Treatment Plant Perry A {' ICe.ha~ Dir ecto~V~ of Utilities ~Ak~! BEACH REGIONAL VISITING NURSE ASSOCIATION, INC. BOYNTON BEACH SERVICE AREA JANUARY - OCTOBER, 1977 Total Number Of Patients Served: (current caseload - 85) Total Number of Home Visits: Reimbursement For Visits: Medicare 2,325 Full Fee 67 Part Pay 261 Medicaid 73 Third Party 201 No Pay 423 Total Cost Of Visits: Total Reimbursement: Deficit: 301 3,350 66,262.00 1,909.50 522.00 ($2-00/visit-ave~age) 985.50 ($13~50/vislt) 4,522.50 ($22.80/visit)' $ 95,475.00 $ 74,201.50 $ 21,263.50 FUTURA PRINTING FOR · Water Treatment Plant LIVER 1620 South Seacrest VENDORS DATE 10--25--77 DATE NEEDED., ~E G.A. Industries 1116 Ridge Avenue Pittsburg, Pa. 15233 DESCRI ?TION .00 No. 11730-D~, 12" electric check valve with inlet e sustaining pilot check valve with inlet pressure sustaininq pilot. 2721 REQUISITION TO PURCHASING AGENT No. CITY OF BOYNTON BEACH' APPROYA. LS ~358 t 0~ 2050 00 P~JRCHASING COPY October 7, 1977 City of Boynton Beach Water Department Box 310 Boynton Beach, Fla. 3~35 Attent ion: Gent lemen: Mr. Melvin Colgin Please refer to our quotation number ~77-54 on all correspondence Thank you for your call today requesting a quotation on 8" and 12" figure l1730=DR Globe Electric Check Valves. We are pleased to offer the.following quotations. I - 8" globe Electric Check Valve Fig. 11730-DR, cast iron body, bronze trim~ 125~ ANSI flanges, with normal and emergency controls. Price $ 2050.D0 Weight 800~ 1-12" globe Electric Check Valve Fig. 11730-DR~ cast iron body, bronze trim, 125~ ANSI ~langes, with normal and emergency controls. Price Weight 1850~ Delivery for the above valves 8 bo 10 weeks. We hope to be able to serve you on this reGuirement. Please let us know if we can be of any further help to you on the valves which we inspected during our recent visit to Boynton Beach. Very Truly Yours, G~A Industries~ Inc. /,..~Joseph E. Lescovich~ Chief Engineer cc/ Heyward ~EL/db