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Minutes 01-18-77MINUTES OF REGULAR CIT_V CO~H~CIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD iN CITY HALL, TUESDAY, JANUarY 18, ~977 PRESENT Joseph F. Zack, Mayor Emily M. Jackson, Vice Mayor Richard D. Caldwell, Councilman Joseph DeMarco, Councilman Norman F. Strnad, Coo3~cilman Frank Kohl, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Mayor Zack welcomed everyone and called the meeting to order at 7:30 P. M. He requested everyone to rise az the soumd of the gavel for the Invocation given by Mr. Frank Kohl, City Manager, followed by the Pledge of Allegiance ~o the Flag led ky Vice Mayor Emily M. Jackson. M~¥or Zack announced that he was in£ormed this evening that the Proclamation for ~ss Boynton Beach ~eek had been deleted because of the fact they may not have one. Mayor Zack announced that Mr. Thomas A. Hayes, District Assis- tant to Senator Lawton Chiles, would be present to assisz con- stituents on Thursday, January 20, 1977 from 10:30 A. M. to 11:30 A. M. in the City Hall Conference Room. M~yor Zack annou=~ed that the Homestead Exemption Schedule would be in the City Hall Lobby on Jannary 24 and 25 from 9:00 A. M. to 4:30 P. M. smd at the Leisureville R-3 Club- house on February 18 from 9:00 A. M, to 4:30 P. M. He added that the Public Forum of the Palm Beach County Delegation would be held at City Hall on Thursday, January 27 from 7:00 to 9:00 P. M. Mr. Kohl requested the representatives of the Atlantic High School Eagles Football Team to come forward. Mayor Zack con- gratulated the group. He added that he hopes they get the high spot, which is so close, and considers them No. 1 in this vicinity. He then read the Resolution honoring the Atlantic High School Eagles Football Team. Coach Carney Wilder then introduced the members of the football team present. He stated that they feel they are in a very uni- que position because -~' the s~pport they get from Boynton Beach and Delray Beach is outstanding in this day and age. ~ney kuow what they are trying to accomplish and it is very easy to play for these communities. They are very apprecia- tive of the support from the City and thank them very much. ~. Kohl added that they would receive a gift from the City at their banque~t Mayor Zack announced if there was any item on the agenda that mayone desired to speak about to please step fo~ard and give their name to ~s. Padgett and the City Clerk will call upon them at the appropriate time. MINUTES REGU,~AR C~_Y COb~-NCIL M~ETING JAI~RY 18, BOYNTON BLACH, FLORIDA ~NUTES 977 Regular City Co~cil Meeting.- January 3~ 1977 M~ayor Zack requested comments from M~. Strnad and M~s. Jackson on the first part and both replied they had nothing. ~.~s. Jackson moved that the first section of the M~utes of Jan- See 2/1~ uary 3, 1977, he~pzov~, seconded by Mr. Strnad. Motion car- Minutes tied 3-0. Mayor Zack then requested comments on the reconven~d meeting of January3, 1977. Mr. DeMa~co referred to Page l6~~aph frcm l~he~and his reference to M~s. Jackson having troubla getting i~to the files and requested that it read: '~Mrs. Jackson agreed and stated she did in 19~5." M~. Strnad referred to Page 10, second paragraph, tenth line, about where he asked the City Manager about the past perform- ance of these attorneys a~ud reqnested that it read: "certain persons in the audience expressed disapproval", rather than as stated. Mr. Caldwell passed. Mrs. Jackson referred to Page 8, second oaragraph, fifth line, ~ud advised it should be "bosses" ~nd not business. She referred to Page 12, last paragraph, fifth line, and advised the motion should be to keep the Board members as ~'they are, and not have. She referred to Page 20, under Liberty Tree, and corrected ~t to January 19. M~. Caldwell moved to accept the Minutes as corrected, seconded by Mrs. J~ckson. Motion carried 5-0. ~pecia! City Council~Meeting - January 5~ t977 Mayor Zacki called on the Council members and ~. DeMarco, ~. Strnad and ~. Caldwell replied that they had nothing. ~'~s. Jackson re~erred to Page 8, second pe~agraph, fourth line, and stated it should be: ~various Councils fought to keep th~seCity projects and each have their o~n sewer plant." She then referred to the sixth line a_nd advised it should be: "Finally in November, after they came up with the Water Quality Management Plan, it was stated we had to go with Delray Beach~,. She then referred to the fourth line from the bottom in the same paragraph and stated it should be: ~'They felt in all~ f~irness, they should be equal partners. In December, 1973~ they had their first region_al board meet- ing at Atlsntic High School." She referred to the next paragraph, third line, ~ud stated it should be: "After arguing about a year, they adopted ~u Interlocal Agreement". -2- MINUTES - REGUI~R CI~ COb~iCiL ~ETING BOYNTON BEACH, FLORIDA JANU~RY 18, 1977 Mr. DeMarco moved to approve the Minutes as corrected, seconded by Mr. Caldwell. Motion carried 4-0 with Strnad abstaining as he was not part~of this meeting. PUBLIC AUDIENCE Mayor Zack asked if anyone desired to speak, bo the Council. M~. Jacob Katz stated his name ~_ud his address as 2615 N. E. 3rd Court. He informed the Council that he would like to speak about Congregation Beth Kodesh. He told about having a new congregation ~d having had a nice service for the no_mdays, but they do n~t have a place for their services. Finally they found atst~re at ~2~.~ ~. E. 22nd Avenue and were told they ~ust meet the City requirements. He met with ~. Howell in the Building Dep~tment and was ~nformed~ ~ that they need one p~king space for each fo~ seats in the temple. They fig~e they possibly will have 100 people and ~is wou~ 2~ requ~e p paring spaces, but they only have six. This was on December 21, 1976. He then went to see M~or DeLong, but was told he could do nothing as he was going out of oflice. He ~h ' t~ ~-en went %o see the C~ty ~nager~ ~. Frank Kohl, and explained to him how they have an org~uization, but no place to meet ~d have a store, but need approval from the City. The City ow~ property across from the store and possibly this could be u ~ sem for ~king. He discussed this with Mr. Kohl smd ~. Kohl said he could see no reason for not allow- mug them to park there. This was not enough as he must show it to the co~egation in writing. He then read a letter from M~. Kohl giving permission for the members of the Con- gregation of Beth Eodesh to utilize the parking at the Royal Palm Clubhouse if necesss~y. He requested them not to park on the grass and this was dated December 29. He thought they were going to ~avsst~ate the store ~d tell him what to do. He waite~ until January 5 and then ~ ~ ~ ~' ~ ca_~ed the Bu~lmmno De- Dartment ~d ~. Howell told b~ ~ - ._~m there were conflicts. He was informed that they must have the p~kir~. ?~hile he w~ talk.i~g to ~r. Howell, he asked if a variance was needed for this place and requested a letter so the congregation would know everything was legal. He then read M~. Howell's letter dated Jan~ry 5 advising that the store ms zoned for the in- tenue~ occupancy of public ~saZ~,~ na~riamee is needed for this occup~cy. The only requirements would be to bring the bum_dmng to the presen~ code for that particular occupancy. However, the parking issue is still not clear. He would ap~e- ciate if somethmng could be done so the congregation csm go ~ead with the store. ?ney will meet all requirements, exceot the parking. - Mayor Zack questioned where the parking would be ~ud I~r. Katz replied that the City owns propervy across the street and they would appreciate if it could be ~r~uged for them to park there. They need 25 parking spaces. They will not touch t~ grass. Ml~UTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JA~YG~_R~ ~8, ~,977 ~. Kohl informed the Council that when ~. Katz came into his office ~ud asked if they~ould park at Royal Palm Village, he said they could anm e~pla~.~ed how he had extended this privilege to other churches to use City property for parking. This was all he was referring to. The Building Department ascertains what is required by code tobring the building up for public occupancy. Possibly they can go before the Board of Adjustment for a variance for the parking, He does not knaow if the Board of Adjustment will grant this_]or not. If they do not, he can come b~c~ ~ ~o the ~ouncil. M~vor Zack as~em if the Council had changed it for other people and Mr. Eohl replied: no. M~. Caldwell asked if it was possible to do something with the 7 to 10 ft. outside of the hedges ~ud ~. Kohl replied that if the Council wanted it asphalted, it could be done tomorrow, but it still would not solve the parking as it is not contiguous to the store for public assembly. Mrs. Jackson aske~ if ther~ was any chance of getting the property in back of the store aha M~. Metz replied that he was told if he should get the property, he could not have it. M~. Kohl clarified that it also must be o~.med by the store. ~s. Jackson informed ~. Katz that the City Council must live up ~o their ordinance. M~. Metz replied that the City would not have to snend a dime because there is plenty of parking without touching the grass. He explained how they did not expect a big crowd ~d there would probably be only ~5 to 25 people at services during the week. Mm. Strnad referred to the City now having possession of the boat ramp property and bo&t clubhouse and asked if it would be possible for these people to renv that for the night they want to use it and M~. Kohl replied that it was possible for amy residents of the City of Boynton Beach not only to rent it~ but get it free if it is open. He added that he did not k~uow if ~k,. Eatz had even inquired about this. Mm~. Strnad asked ~r. Katz if he would agree to conferring~ wm~h~'~ the City Massager to make arrangements__ to use the boa~'- c~b~- and ~h~, Katz reolied_ that he would be .hapo~y to. M2r. DeMarco suggested having them apply to the Board of ~&djustment to get a feeling and M_r. [ohi explained how he thought it would be better to discuss the use of the boat club £irst. ~. Katz informed them that there may be a ~roblem in picking a night and ex- p!ained how they would probably have-serVices several times a week. ~s. Jackson asked ~P. Howell if this store was built before the site plan ordinance went into effect and ~. Howell informed her there was a parkdng ordinance in effect for the use when it was built. Mrs. Jack, on clarified that the two ~ifferent uses ware in question and ~,,k~. Howell agreed, -4- .~hU3TES - REGUL&R CITY COUNCIL .f~ETING BOYNTON BEACH, FLORIDA JANUarY ~8, 1977 as they are changing from a store to public assembly. He added that he was not authorized under the code to say tkey could use somebody else's parking. He told about having a similar application from the Moose Lodge, which he had to turn down. ~trs, Jackson asked if the ordinance stated the parking must be contiguous to the building and ~. Howell replied: yes. ~yor Zack then ascertained that agreement with the suggestion to City ~nager about the boat club. the Council members were in have Mr. Katz contact the MC. Caskidd appeared before the Council and informed them he was the Southeast Regional Manager for Fairlanes of E16rida,Bowling, Inc. He advised that he was present to ask the Council,s indulgence on a special XBS license they have before them this evening. He underst~uds it does not meet one of the zoning requirements. He referred to the XBS license just being created by the State and pointed out that they were not asking for a license to operate a lounge, but would like to accommodate their bowling customers, particu- larly in the evening when promoting adult leagues. He told about trying to accommodate all members of the f~mily, How- ever, there are some differences in what they are asking for. They don't want to operate as a lounge. They do not have an outside entrance. The facility is designed to accommodate bowling customers. ?ney have found that the majority of their customers enjoy a cocktail before and during bowling. They are making no attempt to attrac~ customers in from the street. It is a very limited facility. Prior to the State Le¢islature creating the XBS license, they found that most customers enjoy a ~rink and brought it in any way and it made it difficult to control i%. They will be an asset to Boynton Beach and recognize their responsibilities. He explained how alcoholic beverages were not pernd_tted when stay youth programs were in progress. They operate generally in evening from 6:00 to 12:00. He does not know if he is asking for a zoning variance of to have the Council update the existing ordinance. Mayor Zack asked if he contacted the City Manager e~ad M~. Caskidd replied that he contacted P~. Howell. l~~. Eohl informed the Council that he was contacted this afternoon and refused to out this on the agenda. They do have an XBS license a~d he would like the attorney to review it to report at the next Co~acil meeting. At the present time, they do not comply with the zoning ordinance. Mrs. Jack, on moved to instruct the City Attorney to review the XBS license for a report at the next meeting, seconded by M~. DeMarco. No discussion. Motion ca_~ried 5-0. -5- MIh~J~S - REGUI~ CITY COUNC~ MEETING BOYNTON BEACH, FLORIDA J~UARY 18, 7 977 M~r. DeMarco aianounced he had two items he would like added to the ~genda, one pertaining to parking area and the other pertaining to the sewer project. Mayor Zack replied that they would be considered under Other. ~. Kohl added that he would also like to bring to their attention a letter _~ Bristol Springs s~ud would like this included under Other, as he must give an muswer to the County tomorrow morning. B ~Do One (7) Automatic Electric Mailing Mac~ne, 0ne(~) Letter Scale, and One (1) Automatic Letter Ooener M~. Kohl informed the Council that bids on the above were opened on January 11, ~977 at 4:00 P, M. in the Office of the Purchasing Agent, Mm. William H. Sullivan. The Tabula- tion Com~ttee recor~ends the acceptance of the sole bid from Pitney Bowes Company in the amount of $2,444.00. A copy of the Tabulation Sheet, Proposal ~ud Affidavit signed hy M~. Ronald F. Geisen, Sales Representative of Pitney Bowem, Inc. are on file. He has checked all other recuiremen~s and everything is in order. Specifications for this bid were sent to a total of four companies. Monies in the s~ount of $2,238,00 were budgeted in City Hall Administration Account No. O01-873-$7/Postage Meter. However, due to the increase in prices since budget~time, if Council approves the above purchase, they will need: Transfer of Funds: From: 007-$85-18 Contingency (Fixed Charges) $206.00 T6: 001-813-87 Postage Meter $206.00 Also on file is a copy of the Budget Transfer Request for the above, subject to Council's approval. He concurs with the recommendatisns of the Tabulation Committee. Mrs. Jackson moved to accept the recommendation of the City Manager and Tabulation Com~m~ittee and award the bid to ~lt- ney Bowes, Inc. in the amount of $2,444.00 for one automatic electric mailing machine, one letter scale, and one automatic letter opener ~ud make a transfer of fmuds as noted. Mr. DeMarco seconded the motion. Under discussion, M~. Strnad asked why they had only received one bid after contacting four compaD_ies s_nd M~. Sullivan informed him that they re- ceived an answer from one firm stating they did not manufac- ture this type of equipment, but 5id not receive replies from the other two. He added that he sent bid requests to t~ ne firms listed in the Thomas Register. ~ Mo,_on carried 5-0. Installation of Ball Fi~!d Lightin~ System .(Pe~ce Park) ~r. Kohl informed the ^ ~ ' ~ ~- C~uncml~hat bids on the above were opened on Tuesday, January 17~ ~977 at 3:00 P. M. in the ~ ' '~ ~mam H. Sullivan. Office of the Parcaaslng Agent, Mr. ~' - -6- MINUTES - REG%ULAR CITY COUNCIL MEETING BOYNTON BLACH~ FLORIDA '9977 The Tabulation Committee recommends acceptance of the low bid in the e_~ount of $9,900.00 from Electrical Systems, Inc. of De/may Beach. A copy of the Tabulation Sheet, Proposal and Affidavit signed by M~. John E. Mills, President of Electri- cal Systems, Inc., are on file. He has checked all other requirements and everything is in order. Monies for th? Pence Park Lighting System were budgeted in Federal Revenue Sharing Fund Account No. 020-855 in the amount of $13,000.00. However, on December 21, 1976, Council approved a bid for floodlight fixtures, lamps and mounting hardware at Pence Park in the amount of $4,115.10 which leaves a bal~ce in this accou~o~ $8~884.90. However, there is a carryover amount of $~,000~DO allocated to the Pence Park multi-pur- pose account to which the $1~015.10 could he charged. (Federal Revenue Sharing~Reserved for Pro~ects - 020-506). He concurs with. the ~ecommendations of the Tabulation Com- mittee. M~. DeMarco moved to accept the low bid as recommended hy the City Manager and award the hid for Installation of Ball Field Lighting System at Pence Park to Electrical Systems, inc., in the ~mount of $9,900.00. _,Mr. Caldwell seconded the motion. Under discussion, M~s. Jackson referred to there being no time~li~it stated and M~. Sullivan informed her it was stipulated in the bid that it must be done within 90 days. Mz~vor Zack asked why there was so much difference between the three bids a~d Mr. Sullivan replied that they had also questioned this and were advised the differences were due to union and non-union shops. M~. DeMarco asked if the low bid met the specifications and ~. Kohl replied: yes. Motion c~ried 5-0. Relocation ~ud Construction of Water Distribution Mains in Woolbright Road ?m. Kohl informed the Council that Palm Beach County sub- mitted bids on this project to this City on October 1, ~976. After much discussion with his Department Heads and also Russell & Axon, it was decided that the bids were much too high and he asked Council at that time to reject the County's bids on this item. However, he regrets to advise that they did not save the City any money on this project as the bids received were higher. But they did try and did feel they could obtain lower bids. Recommendations from the Purchasing Agent, ~. William H. Sullivan, and the City Engineer, M_~. Thomas A. Clark, as well as the bid Tabulation Sheet are on file. He has checked all requirements and everything is in order. He r~spectfully requests the City Council to approve the low bid from Crabtree Construction Comparj, Inc., in the amount of $16~,832.92. If Council approves this bid, and they must e~p~dite this request, then the City Attorney should be directed to prepare a Resolution for same. -7- MI~TES - REGb~LAR CiT~ COL~CIL MEETING BOYNTON BE_.CH, FLORIDA JANUARY 18, i 977 Mayor Zack referred to the total bid being ~166,256.92 if they accepted Park 2 Mud ~. Kohl informed him they could have a change order in a lower amount later on, but at this time in receiving the letter from Crabtree Construction Co., they have stated they would do the ends only in concrete and the County engineer w~ts them done fully so the reads will not cave in. Mrs. Jackson moved to acceot the recommendation o£ the City Manager and. Tabulation Committee and award the bid to Cr~ab- tree Construction Company in the arno,nut of $165~832.92 for relocation and construct_on off water distribution mains in Woolbright Road and the City ~ttorney shall be directed to prepare the appropriate resolution. ~'~. Caldwell seconded the motion. Under discussion, M~. Moore asked if they needed any easements and ~@. Kohl replied that the County had taken care of this. He added that he did talk to a man who would do this for $~32,000, but when they requested it in writing, there were certain things said which they did not thi~w were exactly right. Motion carried 5-0. PUBLIC HEARING Rezoning Reqaest - Lots 21 & 22, Crestview S/D, Lots 3-10 Inclusive - Robinson Addition, From R-3 to C-3 Proposed Ordinance: ~mending Ordinmuce 75-19 by Rezoning Lots 21 & 22, Crestview Subdivision and Lots 3 thru 10 inclusive, Robinson Addi- tion from R-3 (Multiple Fmmily Dwelling District) to C-3(Community Commercial District) Mayor Zack a~kad if anyone was in favor of this proposed ordinance. i~TM. Louis Spano stated his name and his address as 333 $. E. 23rd Avenue. He informed the Council that he is one of the lot owners and is in favor of this proposed ordinance. Mayor gack asked if anyone was opposed to this proposed ordi- nance and received no response. ~. Moore then read proposed Ordinance No. 77-4 in iits en- tirety. ~s. Jack~on moved tha~option of proposed Ordinance No. 777-4, seconded by Mr. Caldwell. Under discussion, ?~'s. Jackson stated she was curious w~hy they were doing it all over again. M~yor Zack referred to his previous statement~ that they have spot zoning in this area and this is just making it worse. The corner at 23rd Avenue and 3rd Street will still be R-3 and everything else is commercial. He stated what was lo- cated on the property proposed in this ordin~ace and advised -8- MINUTES - REGUI~R CtTY~ COUNCIL ~?~ETING BOTNTON BEACH , FLORIDA JDJ~UARY 18, ~,977 that only the doctor's office would be left as R-3 amd every- thing else will be commercial. M_r. DeMarco asked if -anyone requested this to be changed to R-3 and M~. Strnad replied that about 12 to 13 people requested this change mud spoke in favor and there were no objectors. Mx. Caldwell added that inasmuch as this area seems gradually to be going to- wards a commercial vein, he thinks perhaps along this section of 23rd ~yenue it should be allowed. This will keep the west side of 23rd Avenue from Seacrest Blvd. more in line with a residential atmosphere. He referred to the businesses located in this area. Inasmuch as the main flow is going commercial, they may as well include this area to derive some uniformity. Mayor Zack replied that ne was in accord 100% except when considering the doctor's office. 1~. Moore asked if there wam a proposed widening program and if so, do they have the rights-of-way? M~. Clark informed him that he believes it is an 80 ft. right-of-way, which is enough. The County thoroughfare plan calls for this to be four-laned, but it will take awhile. Mms. Padgett then took a roll call vote on the motion as follows: Vice Mayor Jackson - Aye Councilman Strnad - Aye Councilman Caldwell - Aye Councilman DeMe~co - Aye Mayor Zack - No Motion carried k-1. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 76-61 - Re: Amending Section 4(F) of Appendix A, Zoning Regulations to Impose a General Height Limitation Applicable to Ail Structures Within the City and Providing for Exceptions Thereto and Standards for Evaluating Such Exceptions , Mx. Moore read proposed Ordinance No. 76-61 by caption only on second reading. Mayor Zack asked if anyone present wished to spea~ in favor of proposed Ordinance No. 76-61 and received no response. He then asked if anyone opposed this proposed Ordinance No. 76-61 and received no response. )~. DeMarco moved the adoption of Ordinance No. 76-61, sedonded by Mr. Caldwell. No discussion. M~s. Padgett took a roll call vote as follows: -9- MI~JTES - REGUL~q CITY COUNCIL M~ETING "JA~ARY 18, 1977 BOTNTON BEACH, FLORIDA Councilman Strnad - Aye Councilman Caldwell - Aye Councilman De~rco Aye Vice Mayor Jackson - Aye ~iayor Zack - Aye Motion carried 5-0. Proposed Ordinance No. 76-62 Re: Amending Ordinance No. 75-19 by Rezoning a Certain Pe~cel of Land Located in Sec- tion 31, More Particularly Described Hereinafter, From Agri- cultural to Planned Unit Develooment_ (PUD) District with Land Use ~ ~ ~ , ~n~ens_~ (LUi) of 3.5 ~. Moore read Ordinance No. 76-62 on second reading by caption only. Mayor Zack asked if muyone oresent wished to spemk in favor o~ Ordinance No. 76-62 and ~eceived no response. He then asked if anyone present wished to spe~ in Opposition to Ordinance No. 76-62 and received no response. M~s. Jackson moved the adoption of Ordinance No. 76-62 on second and final reading, seconded by M~. Caldwell. No dis~ ~ = ~U~S~O~. ~ ~s. Padgett took a roll call vote as follows: Councilman Caidwell - Aye Councilman DeMarco Aye Vice Mayor Jackson Aye Councilman Strnad Aye Mayor Zack ~e Motion carried 5-0. Proposed Ordinance No. 76-63 - Re: Appropriating Ordinance No. 76-35 Which Adopted the Budget of the City of Boynton Eeach for the Fiscal Year Ending September 30, 1977, by In- creasing Water & Sewer Utility Fund Operating Expenses Through Establishment of Water Main Relocations and Sewer Main Relo- cations Accounts ~. Moore read proposed Ordinance No. 76-63 by caption only on second reading. M~vor Zack asked if anyone in the audience wished to spes~k in favor of Ordinance No. 76-63. M~. William Smith stated his name and that he was the owner of Lake City Trailer Park on U. S. 1. He asked where they intended to get the operating expenses from and what they meant hy increasing the funds? ~@. Kohl replied that it had nothing to do with increasing the rates and he read Ordinance Mo. 76-63 in its entirety to give further cle~ification. -10- M~JTES - ~GUL~&R CITY COUNCIL ~ETING JAA~ARY 18, 1977 BOYNTON BEACH, FLORIDA M~. Kohl f~ther explained how the ordin~ace just requested funds to be switched from one fund to the other and rates ~i!t not be increased. Mayor Zack then asked if anyone was opposed to this'~ordinance e~d received no reply. M~. Caldwell moved the amoption of 0rdin~ace No. 76-63, seconded by Mr. DeMarco. Under discussion, ~. Caldwell th~aaked Mr. Smith for c?ming uo and asking questior~. He added if more private cmtizens-would do this, he thinks the City government would be more responsive. Mrs. Padgett then took a roll call vote as follows: Councilms~ DeMarco - Aye Vice Mayor Jackson - Aye Councilman Strnad - Aye Councilman Caldwell - ~e Mayor Zack - Aye Motion carried 5-0. Ordinances - 1st Reading Proposed Ordin~uce No. 77-5 - Re: Appointment of City Boards and Committees M~. Moore referred to this taking place prior to his appoint- ment and advised that he tried to accomplish what the Council w~uted from his review of the minutes. He apologized for getting it to the Council members so late. Mej~or Zack suggested reading the ordinance in its entirety. ~. Moore then read proposed Ordin~mce No. 77-5 in its en- tirety on first reading. M~. DeMs~co mcved the adoption of Ordinance No. 77-5 on first reading, seconded by Mrs. Jackson. Under discussion, M~. Caldwell referred to reading it and the intent is to give the Council the opportunity to review or reject it each year, but he questions the stability of the Boards. He asked if it would be wiser vo appoint the people on a flat one year term? He thinks it would serve the same purpose as serving at the pleasure of the Council. He explained how the Council still would have the prerogative to ask for a resignation or not make a re-appointment. F~. Ca!dwei! then moved to amend proposed Ordinance No. 77-5 in all sections where it says: "shall serve at the pleasure of the Council~, to read: ~'all mes~ers shall serve a one year ter~. Mr. Strnad seconded the motion. Under discus- sion, ~s. Jackson stated she thought this would be defeat- ing the purpose of the whole thing because they are naturally k~_NUTES - P~GULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JAh~AR~- ~ 8, ~ 977 appointing them for a one year period, but explained how with stating at the pleasure of the Council would give them more control. ~yor Zack stated that he feels if they are going to serve at the pleasure of the Council, the Chairman of the Board should have some final word re~arding recommendations to the City Council for dismissal or they should set up guide- lines for the Boards. He thin_km guidelines would be fair as it would inform them of the requirements. Mme. Jackson sug- gested just adding that three unexcused cor~ecutive absences would mean that someone is off the Board. Mr. Moore informed them if they maintained the maintenance of the Boa_~d at the pleasure of the Council, they could be removed or replaced. However, if they state a set term and set up criteria, they could get into problems of hs~ing hearings, etc. and he ex- plained. He thio_ks the Boards are important to the City, but the basic intent is loosely created. These Boards are recom~nending Boards and the Council has the finm~l say. Mrs. Jackson suggested passing the ordinance and then setting up criteria in a separate resolution and Mr. Moore replied that he thought the criteria could be handled administratively. Mm. DeMarco added that there could possibly be another pro- blem with the year already having started and the ver~ would continue into the next year. At this time, ~. Fred Kostner asked informed him that he was not allowed an ordinance. to speak and M~yor Eack on the first reading of Mayor Zack t__en called for a vote on the amendment and it carried with a vote of 3-2 with M~s. Jack~on and Mr. DeMarco voting against. Mr. Moore clarified that they wanted this ordinance amended to provide flat one year ter~ ~md ~. Caldwell agreed and · asked if it was too late to have them start at the same time as the Council. M~. Moore replied: no and suggested stating that all ter~ will expire at the first meeting in January, 1978. ~. DeMarco agreed this would be better. Mayor Zack then requested a roll call vote on the original motion and Mrs. Padgett took it as follows: Vice ~or Jackson - Aye Counci!manStrnad - Aye Councilman Caldwe!l -Aye Councilman DeMarco - ~e Mayor Zack - Aye ~otmon carried 5-0. ~s. Jackson referred to holding u~_ the ~oomntmen~~_,i ' '~ of the new Boards a~nd asked if vh_s could be expedited in advertis- ing so as soon as theyna~e~ ~ the second reading, they could -!2- MINUTES - REG0~R CITY COUNCIL !-~ETING BOYNTON BEACH, FLORIDA JANI:~qY ~ 8, t 977 appoint the new Boards. She suggested placing the advertise- ment in ~ daily paper, so it could be done within a shorter time. Mr. DeMarco suggested having one or vwo workshop meet- ings in between to get the Boards organized and Mr. Caldwe!l agreed. M~yor Zack suggested passing the ordinance on second reading first. Mx. Moore informed them that it would be 30 days before having the second reading and if they advertise it in a daily paper, the hearing could possibly be set in two weeks. ~. De~rco made a motion to expedite proposed C~dinance No. 77-5 immediately by using another form of advertising to get these Boards appointed. ~s. Jackson seconded the motion. Under discussion, M~s. Jackson added that if they made the appointments to the Boards on the night they have the second reading, the me~bers could be ready to take office when it is passed in ten days. M~. Strnad questioned by what other metho~ it could be advertised and !~. Kohl informed him that they meant in a daily newspaper, the Palm Beach Times or Sun Sentinel. M~. Str~ad questioned the urgency and referred to having people on the Boards now and M~~. Caldwell replied that it was the stability of the Boards and explained how the mem- bers were now serving in a transient stage. He thinks they would render better ~ud~eme~ts if they were apoointed once and for all rather tnaS~nZn~emporary positions] Motion car- ried 5-0. Resolutions Proposed Resolution No. 77-D - Re: Requesting State of Florida, Department of Co~unity Affairs to Include City of Boynton Be~ch for Local Planning Assistsauce Funds M~. Kohl read Resolution No. 77-D in its entirety. ~. Kohl then referred to receiving a letter rege~ding th~ State giv- in~ grants. He explained that it was more or less mam~datory for the City of Boynton Beach vo provide a new comprehensive plan. The existing plan done by Candeub & F!eissig does not meet the requirements and would not be acceptable to the State. He wou!~ like Council's approval vo go ahead with this planning assisvance. ~. Caldwei! moved the adoption of Resolution No. 77-D, seconded by M:.. DeMarco. Under discussion, Mm. Caldwell remarked that he thought it was about time this City got on t~.e stick and got moving in this area. Mayor Zack replied that ~ney have been involved in t~_ms, but it is just a ques- tion of following it up. Motion carried 5-0. Proposed Resolution 77-E - Re~ Designating Composition and Terms of Board of Trustees of Employees Pension Pls~ ~. Moore read Resolution 77-E in its entirety. See 2/1/71 Minutes r ~NU-~ES ~GUL~fR CITY COUNCIL MEETING ~ ~ FLORIDA BOYNTON ~EAC~ ~ Mss. Jackson moved the adoption of Reso_u~mon ~-E, seconded by Mm DeMarco. No discussion. ~trs. Padgett took a roll call vote as follows: Councilman Strnad ~je Councilman Caldwell - Aye Councilman De~rco B~e Vice Mayor Jackson - Aye Mayor gack Aye Motion carried 5-0. Proposed Resolution 77-F - Re: Establishing Compensation for City Attorney M~. Moore read Resolution 77-F in its entirety. Mm. DeM~rco moved the adoption of Resolution 77-F, seconded by Mrs. Jackson. Under discussion, Mr. DeMarco referred to the City Attorney putting in long hours and co~mended him on doing a wonderful job. He asked if he could possibly give a brief resume of the lawsuits he has taken care of. ~yor Zack requested a roll call vote on the motion first and ~s. Padgett took it as follows: Councilman Caldwe!l - Aye Councilman DeMarco - Aye Vice MsG~or Jackson - &ye Councilman Strnad - Aye Mayor Zack ~je Motion carried 5-0. M~. Moore then replied to ~@. DeMarco that he would prefer to have a workshop meeting with the Council to discuss this. He added that he would like ~o announce that the Sunreme Court on January 12 did dismiss the appeal on the bond validation, th~oposed Resolution 77-G - Re: Sequestering of Funds - Vice Mayor Emily M. Jackson M~. Moore read proposed Resolution 77-G in its entirety. I~s. Jackson informed the Council that the other resolution was a little over $900,000 short of the amount they needed. She aske~ Mr. Hallman and Mr. Swan to verify these figures. She also will ask them to give e×oert testimony at the Legis- lative Delegation. A bill was presented to the Legislature and she advised ~. James the bill was wrong. ~. ~lton Hallmau appeared before the Council and informed them he was the Vice _~resident with Russell & Axon and the Project Manager for the Palm Beach County projects, He re- ferred to ~. Swan providing figures, etc. to the City Mana- ger and suggested that it would be informative if each member MINUTES - REGULAR CIT~ COUNCIL ~ETING J~UARY 18, 1977 BOYNTON BEACH~ FLORIDA received a copy and Mrs. Jackson agreed. Mr. Haliman con- tinued that the figures were in the final form showing how they were derived and will be passed onto the Legislative Delegation. Mrs. Jackson moved the adoption of Resolution 77-G, seconded by Mr. DeMmrco. Under discussion, ~. Moore asked if they had t~en into consideration the pre-payment on the bonds and Mm. Hallman replied that he was not sure if this was included and explained how they had gotten the information from the Finance Director. Mm. Moore suggested that they not defer the adoption of the resolution. Mm. DeMarco asked if it could be added to the motion that it be included if not already and Mayor Zack suggested that the City M~uager check with the Finance Director and make~an~ adjustments necessary. They discussed this subject further. ~. Moore then stated that asking for it and getting it were two different things and he asked if any awards had been made? Mr. Hallman informed him that Pompano Beach had such a resolution passed and they were oaid for their outstanding indehtm~ess of their ocean outfa~l. Also, the City of Lake Worth presented a bill to the Delegation for consideration. Mrs. Jackson requested the figures for all the Council members and ~. Kohl replied that they would have them tomorrow. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman DeM~rco - f~ye Vice Mayor Jackson - Aye Councilman Strnad - Aye Councilman Caldweli - Aye Mayor Zack - Aye Motion carried 5-0. OT_W~R Report on Beach Property ~s. Jackson referred to requesting a report on the beach property at the last meeting and Mr. Moore informed her that they completed their investigation and explained that his opinion had not ch~aged. He has attempted for the oast week to set a meeting date with th8 representatives of B~ynton Beach amd Ocean Ridge to try to come hack with something definite. Discuss. R~adi.ng of Ordinances - Mayo~...Jossph F~ Za~ ...... Mayor Zack referred to debates in the past regarding the reading of ordinan¢~es and suggested that the City Attorney be instructed to read all ordinances in their entirety on first reading ~ud by caption on the second reading. ~s. Jackson so moved, seconded by Mr. DeMarco. Under discussion, -15- M~NU~ES - REGULAR CITY COb~CIL MEETING JANUARY ~8, ~977 BOYNTON BEACH, FLORIDA Mayor Zack further explained how he had observed people only glancing at the ordin~uces when posted in the lobby and they don't read th~m. Motion carried 5-0. initiative & Referendum - Mayor Joseph F. Zack Mayor Zack stated that he is very much concerned about more citizenship p~mticipation. He thinks the voters deserve more power than they have been belying. He explained how he thought the qualified voters should have the power to propose ordinances to the Council. Mayor Zack then explained how he thought the people should have the power to present a referendum to the City by peti- tion. If the Council repeals it, it will go to a referendum by the people. He believes the number of signatures required should be 25% of the qualified voters at the last City elec- tion. Such ~u ordinance would have to be set uo and reviewed by the City Attorney. ~s. Jackson moved that these suggestions be turned over to the City Attorney for a report at the next meeting, seconded by Mr. DeMarco. Utader discussion, ~. Moore informed them t~_at Section 147 of the City Charter did set up a procedure for this. He suggests they take a look at this section and see if they want to make shy amendments. There is also a State Statute superimposing the whole thing. The require- ments are 2~/~ in the City Charter and 3Cw~ in the State law. Mayor Zack stated that he checked the Charter and he does not think it gives the people enough power. Motion carried 5-0. Authorization Requested 5o Execute Inter-local Agreement Between Palm Beach County ~ad the City Mm. Kohl referred to the Commu~uity Devetopmenv Block Gr~uts they received last year and advised that this year, the County would help them with monies in regards to demolishing some of the places in the northwest areas nov conducive to good living. Each year they have an Inter-local Agreement for the municipalities to join together so the County can qualify and the municipalities receivet~he grants. Right now, $80,000 is provided for Boynton Beach to demolish dif- ferent places which have deteriorated, i~. DeMarco asked if they would have some money for improvements as well as demolition and M~. Kohl explained the HUD program further. ~. DeMarco moved to adopt the Inter-local Agreement, seconded by I'~. Caldwe!l. Mms, Jackson suggested that it be amSnded to include that the proper authorities sign the agreement and Mm. DeMemco agreed. Under discussion, Mayor Zack stated th~sho%ddget money whenever they can and ~. '16- 977 Mi~JTES - REGUI~R CITY COUNCIL MEETING B0_N_Oi~ BEACH, FLORIDA Kohl replied that they do not have to match funds and explained how the County would do all the engineering and work just as they did on the sidewalks. Motion carried 5-0. OLD BUS!I~ESS Pi?cuss ~idening of Seacrest Blvd. Vice Ms, or E~y M. Jackson M~s. Jackson svated she would like to request this to be tabled because they are waiting for DOT and the County Engi- neer to come. ~. Kohl informed them that he ha~ a meeting with the County Engineer and the head of DOT in Fort Lauder- dale at 11:30 Ac M. on Thursday. He added that they would give their thoughts at that time after taking a trip on Sea- crest Blvd. M~s. Jackson moved to table this item, seconded by M~. DeMarco. Motion carried 5-0. Mr. De~Lmrco stated he would like tossee a public discussion about Seacrest Blvd. after getting some answers from DOT and M~s. Jackson agreed. Mr. DeMarco further explained how he hoped they possibly could reach an amicable solution. Mayor Zack added that he discussed this with the County Engineer and Mr. Medlen~ but nothing has been put in writing yet, so there is no,use in reporting. ~. Caldwell asked if when they were talking about three lanes, they were talking about a passing lane cud ~yor Zack clarified that it was turning lanes. ~. Kohl added .... ~ ta=~ there was a resolution from the Chamber of Commerce regsm~ding this and ~s. _adget~ advised that people had requested to speak also. BUSINESS Discuss Task Force Advisory Committee - Mayor Joseph F. Zack Mayor Zack explained how he thought they needed citizen parvicipation to consider various projects fortthe City. He then suggested that a Committee be appointed consisting of the president or vice oresident of various organizations and stated several organizations he had in mind. He ex- plained how the Co~m~ittee would conduct an in-depth study on a particular project, such as an Intmacoastal bridge, smd make a report to the Council. He suggested tb~t the Co~mmit- tee be composed of approximately 20 people to study the pro- jects and have anough to divide into groups. P~s. Jaclmson ~eplied that she thought it was an excellent idea. ~yor Zack continued with explaining how- he was concerned about the people being informed. ~. Caldwell replied that he thought it ~as a fine idea and asked if the various agencies were to appoint one particular individual to the Advisory Co~mmittee and Ms,-or Zack replied that he would suggest that the president or vice president be the representative, so MI~T~S - ~GULAR CIT~ COLE~C~ ~ETiNG JAA%TARY 18, 1977 BO-~ON BEACH, FLORIDA they will be sure it is discussed at their organizations' meetings. M~s. Jackson replied that she thought this would be excellent and would give them input from the vaa~ious groups. Mr. Caldwel! asked if any group in town could apply to the City Council for membership on the Task Force Advisory Committee and Mayor Zack replied: definitely. Mejor Zack continued with explaining how he thought representatives from all groups should be involved. He also added that he had 5h~. Dick Lambert in mind to be the Chairman. M~. Caldwell moved to formulate a Citizens Task Force ~dvis- ory Committee to be established for the City of Boynton Beach comprised of the various groups in the City choosing their president or vice presCott of their group to participate in these activities. ~rs. Jackson seconded the motion. No discussion. Motion c~ried 5-0. Me, or Zack added that he would meet with the City ~,~nager and get this rolling. Consider Charter Review Comrmittee - M~or Joseph F. Zack Mayor Zack referred to hs~ing a Con~ittee working on the Charter several years ago and s~ated that he has read the Charter several times and believes there should be some chsnages made to update the Charter. He referred to some things which should be taken out, some added, etc. ~s. Jackson informed him that when they had a Comzmittee previ- ously: they studied it and at the end of the year they came back and nothing really happened. She feels the Council members are more familiar with the Charter and in fact, she has listed three ite~,~ on the agenda to be considered for removal. She is not against a Charter Review Boe~d, but having had experience with it, she sort of hesitates to ask people to devote so much time. The previous Cor~ttee met weekly and it was a very cumbersome thing. The Cou~cil members use the Charter daily and she thinks they could do the job the best. Mayor Zack replied that he agreed in one part~ but possibly also the City Attorney could give more information as he knows the State Statutes and what to look for. ~. DeMarco agreed and added that perhaps the City Attorney could advise them which could be changed. Pkayor Zack then suggested requesting the City Attorney to review the Charter and have him make suggestions of what should be changed, if he has the time. Mr. Moore informed him that there were a number of sections which could come out automatically. He stated he would undertake an i~med- late review and report back within two weeks. ~, Caldweil asked if it was his intent to form positive action to possi- bly inject new thought and Ma~. Moore replied that he would' knock out the dead wood and get it down to the present law. -18- MINUTES - REGULD~R CITY CO~CiL M~ETING BOYNTON BEACH, F~_OR!DA JA~JARY 18, t 977 if there are any changes under the existing laws~ it would be basically up to the Council. M~s. Jackson referred to phasing out the municipal court and stated she thinks they should heJ~e as few ~dinauc, es as possible so the County won' t have that many to work~'w~ith. Mayor Zack stated he believed the City Attorney could give the most information and withdrew his recommendation for a Charter Review Committee until they get information from the City Attorney. Discuss Repeal of All Sections - Re: Tax Assessor Discuss Repeal of ~11 Sections - Re: Tax Collector Discuss Repeal of All Sections - Re: Momicipal Court and All Positions Thereto V~ce Mayor Emily M. Jack~on ~s. Jackson re~uested~ the City A~orney~ ~ to study the above and come back with a way to repeal them. ADMiN iS TP~TI~YE Consider Pro~oosed R~so_,utmon from Chamber of Commerce - Re: Improvements to Seacrest Blvd, ~. Jim Shanlsy stated his name and his address as 1313 S.W. 22nd Street and informed the Council that he was represent- ing the Chamber of Cormuerce. He then read the Resolution submitted by the Chamber of Commerce regarding the improve- ments to Seacrest Blvd. Mr. Ca!dweil asked if he had a_uy objections to the concept of improving traffic flow through the major intersections with four lanes am_d going back to two lanes in the residen- tial sections along Seacrest Blvd.? M~. Shauley replied that the Chamber of Commerce would rely on those individuals who are more knowledgeable in maintaining a good traffic flow. They feel strongly that the Council should act pasitively towards the traffic flow. There should be some means to improve it. ~. Caldwell cls~ified that he would not be opposed to having turning lanes and n~king Seacrest Blvd. possibly a little wider, but it would be two lanes, mud improving the drainage mud Mr. Shanley replied that he did not have the exoertise to say whether it should be threeoor fo~ lanes. He-cle~ified that the resolution was to empha- size the Council to re-affirm a positive position and move forward. ~. Caldwell clarified that he was saying they want~improvements as long as it is safe and does improve the traffic condition and ~. Shanley agreed. ~r. Caldwell clarified that they wanted to get the Council going on this and t~. Shanley agreed. Mayor Zack stated that he did not want M~. Shanley put on a spot as he represents a committee and M~. Caldwell replied that he wanted to clarify the in- ~ent of the Chamber. -19- Mik~JTES - REGUL~_R CITY COLR~TCIL .MEETING BOL~[TON BEACH, FLORIDA JANU~qY 18, 1977 Mrs. Padgett informed the Council that people had requested to speak on this subject after the resolution was read. ~s. Liilian Von Goertz stated her name and her address as 816 South Seacrest Blvd. She informed the Co%mcil that she was asked to present a petition again to the new members of the new Council. She t,houg was meeting with ~he put it off. This same peti West Palm Beach Commissione ~976. She then showed pert hers stating that possibly the neighborhood. ~e peop vigorouslb~ opposed to the f Woolbright Road to the Boyn at City Hall on August 31 they would need addition ri road. This will mean cutti will require a cutbeck of p on both sides from 6 to 13 the only tree lined bouleva North Seacrest Blvd, ~ the e and they will require appro petty on each s~de of the r now beautifying their homes including the 6 ft. sidewal the traffic flow on Seacres 25%. The traffic is largel Phase 3 will create a crisi The con~iscation of private lished residential~neighbor of Boynton Beach. Phase 3 of 1-95. She then read a be created hy the four lani P~nent repair of the existi ing s~mll~ ~o ~nat ~as apo and 2 have their~Tfull supo~ De!ray Beach escaped the fo mend that the Boynton Beach financing and revert to the ~ ter ne~=ng ~ne C~.~be~ 0 the Chamber is unduly conce business establishments are they should ask the Dept. o widen Federal Highway since purpose. ~t the Dept. of Transportation ~nager today, but evidently they tion was also presented ~o the ~s meeting held on November 18, Lnent photographs to the new mem- they would like to glance over le who s_gnee the oetition are our laning of Seac~est Blvd. from ton Canal. At the meeting held ~976, the County Engineer quoted ~hts-of-way on both sides of the mg down all t~e trees and also ~ivately owned property and lawns ~eet. South Seacrest Blvd. is ~d left in Boynton Beach. On misting right-of-way is 34 ft. mimately 23 ft. of private pro- oad. All the trees and hedges will be ruthlessly e~terminated ~s. Since the opening of I-9~, Blvd. has dropped by more than passenger and light commercie%. situation not existing before. property and disruption of estab- moods is not in the best interest 2as been outdated with the opening List of disadvantages which would ag. Wh~t they need is good per- _g ~oadbed, dral_.age, a..~ w~en- ?oved for Delray Beach. Phase ~ ~t, but they object to Phase 3, ~r lane requirements. They recom- Phase 3 be taken off the State County Engineering Department. F Commerce oetition, they believe ?ned. Sinai the majority of located on Federal Highway, ~ Transportation to further 1-95 di~ not serve the intended ~. Caldweli asked if she w)uid be opposed to the four !aning only at major intersections and ~s. Von Goertz replied: absolutely not as they are against destroying the residential neighborhoods. ~. Caldwetl clarified that she concurred with the Chamber's resolution that they want the road im- proved, but not at the expense of residents to four lane it the whole extent and M~s. Von Goertz agreed that it should not be four laned through the residential sections. -20- MINUTES ~=ULaR CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA JA~U~Y 18, 1977 Mr. Alexis Von Goertz stated his name and his address as South Seacrest Blvd. He informed the Counciltthat he would like to describe as b~iefly as possibl~ what this project involves since there are several aspects of this project whish are not clear to m~my people. He told about discuss- ~_ug this project with various officials. ~ais program was presented to the Board of County Co~issioners in general terms only as improvements to the road surfac~ ~ad drainage. It was approved pending the availability of f~snads. Four lanes were never soecified to the Board of Co~ssioners. The Co~uuty Engineering Department recommended three lanes north of ~oolbright Road, which would not require any addi- tional right-of-ws~. However, since the funds were forth- coming from the State of Florida specifically designated for road improvements throughout various counties, the sign criteria reverted to the State DOT Engineering Depart- ment and they specify that no money will be used for any widening or building of any roads unless they are four, six or eight l~es. The County had to abide by the State design criteria and that is where the four lane concept was born. The argument against three lanes is that they are unsafe. He then referred to the growth of the City and how it would be concentrated in the western area. He then stated that !-)5 will not be sufficient to meet the demands of the expanding population of the southern region and msjbe it should be 8 or 12 lanes. He then read the description of the 3 phases of the Seacrest project. He pointed out that the minimum for one lane was 12 ft., but it could be ~4 or 16 ft. He suggested that 2 or 3 ft. be added on each side to give a wider thoroughfare. He agrees widenmng will be necesss~y et the major intersections. He explained the olans for the three phases. He pointed out that the four tane~ would end at the na_~row bridge over the Boynton Canal. No additional right-of-way was re]uired in Delray Beach, but between Wooibright Road sand the Boynton Canal addi- tional right-of-wej will be required on both sides of the road from 34 ft. at the north end to the existing right-of- wsy being 66 ft. where he is. In the southern section, they will take the 15 ft. swales, all the zrees, the exisv- lng 6 ft. sidewalk and 6 to 7 ft. of peoples' property and will replace it with a 4 ft. sidewalk with 2 ft. between it and the ~ ' ~.- nmg~ay. He then told about ~he children waiting for the school buses along Seacrest sued how it would be dan- gerous with a four lane highway ~ud the sidewalk so close. He then read the design plans published on August 31~ ]976. He read the ammum~t of funds allocated for each phase. He pointed out that the entire S~screst Blvd. from Delray Beach to Hypoluxo is ap-oroximately 8 miles, but only three ~i!es are being contemplated for four laning and all in Bounden Beach, none in Delray Beach. He referred to how the pro- jects would be budgeted and stated it was the same thing as paying off by the cigarette ten~. ~hat haooens if the people smoke less and there is not enough money?~-What happens if there is another c~isis and the gasoline State tax will be a ? MI~'UJTES - REGULAR CITY COUNCIL MEETING BOYNTO~ BEACH, ~ORIDA JA!~'ARY ~ 8, 1 977 to2 less than expected? The bonds will have to be paid and the only way will be by increasing the .County tax. The other co~muties are not going to ps~ for the four laning in'Boynton Beach. Most of it will come from their share. ~ne bonds will have to be paid one way or the other. Mayor lack stated that he believed he had covered the subject pretty well and referred to there being another speaker waiting. M~. Von Goertz replied that he took longer because people are confus- ing improvements with four laning. People are for the im- provements~ but not four laming, because it will take eows~ personal property. Some people may have spent their last dollsr on their home to live here. ~L~or lack announced that he did not think they should t~e any action at all until they get feedback~ but think~ the people should be heard so they are on record. Mn~. D~Marco added that he was ~uticipating a public meeting on this later. ~.~. Jackie Bolden stated his name and his address as 2861 S, Seacrest Blvd. He stated that there are more facts every time this problem is presented. He referred to being very active in the northwest sector of Boynton Beach and stated this ~ould definitely cause a big problem in years to come. They are not saying they do not want progress, but fo~mr laning is not needed at the present time. tn 1976, the C~ty Council voted to move forward ma the four ianing of Seacrest Blvd., but hopefully the 1977 City COuncil will reconsider that particular voting. He has discussed this with the Com- rmissioners and some of the present Council members and if everything works out okay, hopefully these people will ob- !ige them and use an a±ternate plan for ~raxZ~c on Seacrest Blvd. moaning two !anes~ proper drainage, proper tufa-off lanes and safety factors. In his door-to-door cau~ask~ in the northwest sector~ they are definitely in opposition to the four ianing of Seacrest Blvd. One of the main reasons is to consider the children walking to school. ~neyl had quite a problem a year ago to get a cage at the bridge cross- ing. He is trying to get fences along the banks of the canal now. Boynton Beach is not ready for four lanes on Seacrest Blvd., whether south or north Seacreet. Four laningi of Sea- crest Blvd. would be detrimental to their safety, health, destruction of community property, etc, Basically they need to reconsider the four laning of Seacrest. If they irrespective of the people and the conditions, there is something definitely wrong. ~'h~s. Jackson suggested that they t~e these comments under advisement for the meeting with the engineers. Mayor Zack added that he believed they should not take any action u~util getting feedback from the State representative. -22- MI~YJTES - REGULAR CITY COU~CIL ~ETING BOYNTON BEACH, FLORIDA JANUARY 18, $977 Request Approval on Transfer of Fmnds (Various Departments) ~q~. Kohl informed the Council that ever since he has been the City Manager, it has been an administrative function to tra~sfer funds within a department if needed and he has al- ways done this and never had any problems. It has always been done with integrity and within the budget. He would like to continue this inasmuch as he has ten requests in the agenda book, all within departments. Pie requests appro- val of this plus giving him the administrative policy that this is his duty within a department. Mayor Zack replied that he thought this was an accepted statement and the City Manager is legally authorized to transfer funds within one department. However, if the trmusfers s~e from one department to emother~ he must come to the Council and M~. Kohl agreed. Mr. Strnad moved to grant the request of seconded by Mrs. Jackson. No discussion. Motion carried Consider Additional Employees for City Clerk's Office Mr. Kohl referred to last year's budget when they cut the City Clerk's Office by two employees and advised that in ~976, he was not through with the comolete study and does have a 20 page report which is available in his office. Also, he had the County Assessor,s office here and has infor- mation from them. He also personally talked to each and everyone of the employees of the City Clerk's office e~u~ he is proposing: Ruth Murphy, who has been working part time, he would like to place hsr in a permanent position inasmuch as she passed the test. Virginia Meister was transferred to the City Clerk's office from the Utility Collection Depa~tment inasmuch as he had to decrease the staff in that department due to computers. If extra funds are needed for salaries in the City Clerk's office for these two girls tha~ he would like Council's approval to transfer funds from the account he thin~ is appropriate with the assistance of the Fin~ace Director. Of course, this is all to be accomplished with Council's approval. Also, two others have been transferred out of the Utility Collection Department because of computers and one is in the Library and the other in the Building Department. This would be under unappropriated surplus. -23- MtNU~S - P~GULAR CITY. COU~-~CIL M~EETING BOY~TON BEACH, FLORIDA JANUARY ~ 8, 1977 Mss. Jackson moved to grant the City Manager's request for additional employees for the City Clerk's office and if nec- essary, the fm~ds shall come from unappropriated surplus. Ms. Strnad seconded the motion. No discussion. Motion carried 5-0. Consider Purchase of Gasoline Storage Tanks M~. Kohl referred to the'new cars and truck~ having to use non-leaded gasoline and requested approval from the Council to buy an 8,000 gallon storage tank and a new pum%p. P~. Ca!dwell so moved, seconded hy M~s. Jackson. Under dis- cussion, M~yor Zack ~uestioned the difference between a steel tank and fiberglass {~k and M~r. Sullivan informed him that a fiberglass tank would not corrode, but would be twice as expensive. M~~. DeMarco questioned how much storage they had now and ~. Kohl replied that they have non-leaded gas at th~ Police Department and must have the trucks go there for it. He explained how he preferred to keep the departments separate. M~. Strnad explained how he thought it would be much wiser to buyy a fiberglass tank. ~. Kohl replied that it was the Council's prerogative to tell him what they would like to have and requested approval to find out the price of a fiberglass tank and authority to-buy it if it will cost twice as much. Mm~. DeMarco replied that he would like to see the prices for fiberglass tanks. Ms. DeMarco then referred to there being a lot of price dif- ference between the pumps and M~. Sullivan explained how one was an intermediate pump and the other was a heavy duty pump. Mayor Zack added that there was also a question of service and ?/~. Sullivan replied that they could not beat Glasgow for service. M~.. DeMarco clarified that he was just ques- tioning the difference of price and Mr. Sullivan informed him that the pump for $674.00 was not a heavy duty pump. ~. Kohl suggested that they could wait until~the next meet- lng considering the amount of money. Y~. DeMarco then asked where they were olanning to put the tank and referred to the possibl~ damages to a fiberglass tank with equipment running over it. ~. Kohl informed him the tank would have plenty of cover or would be deed enough. Ms. Catdwell added that if they were going to have %o re- place steel tanks every ten years or so, ms. ybe it will be an advantage to purchase fiberglass ones. While the initial outlay msc~ be higher, he thinks the cost averaging may be significemtly in favor of fiberglass t~uks. Mr. DeMarco pointed out that they must consider the availability also. M~. Caldwel! asked if the Co~mcil agreed they should spend the additional money if they could get a fiberglass tank ~ad ~@. DeMarco replied that he wanted to know what it would cost. There was some discussion about the price smd Strnad stated he would like to see ~ids submitted on that size tank. M~. Kohl suggested going out for bids again and then he would bring it back to the Council. -24- MII~UJTES - REGULAR CITY COb~CiL MEETING BOYNTO~ BEACH ~ FLORIDA JAR~UARY 18, 1 977 ~s. Jackson moved to table this item and have bids sub- mitred, seconded by M~. Caldwell. M~. DeMarco added that the bids should include both metal smd fiberglass so they have a choice. Motion cs~ried 5-0. Consider Request for Payment of Legal Fees - Attorney Robert A. Dittman~ Former City Prosecutor Y~. Kohl ascertained that the Council members had all re- ceived a copy of ~. Dittman's letter. Mayor Zack~suggested that the City Manager contact the former judge to get this qualified and report back to the Council. M~. Kohl replied that he received a telephone call from i'~. Dittman in rege~ds to this ~ud requested this letter of explanation for the Council. ~s. Jackson stated that she feels ~. Dittman knew what he was getting when he took the job. Mr. Moore stated that there was am-other factor involved. He told about discussing this with Mr. Centola and was informed that Mr. Centola as- signed ~r. Dittman the responsibility of handling this appeal. This authority is set forth in the duties of the City ~ose- cutor. The question is if he assigned that duty, is it in- cluded under the set fee? M~. Cento!a advised him that pro- secutors have been raid additional for appeals outside of court itself. Another urgent matter is the ~articular thing this is based on as they received notice tha~ the hearing is coming up on Wednesday. Based on what M~. Cento!a told him, the City has oaid orosecutors additional compensation for appellant mat~ers ~udled. He did not feel he was entitled to Item B. ~. DeMarco asked if he felt this was ~ fair figure and ~. Moore replied that Mr. Centoia felt it was. He added that he has some of the tr~uscript and it was over ~,000 pages. !~~. Strnad moved to approve p~zment of Item A and delete Item B, seconded by Mrs. Jackson. ~-~. Moore added that hopefully M~. Dittman could finalize this case when it comes up since he prepared the brief. I@. Strnad replied this was included in the motion. Under discussion, M~or Zack asked about item B ~ad ~@. Mohi reolied that he must talk to him. Mr. Moore informed them t~at ~. Centola felt it should be included in the norma~ wind-up prosecutor's duties of the courv function. ~. Kohl clarified that Dittman was to finalize the business with Village Royale on the Green set for tomorrow and M~. Moore agreed and added that it should be included in the $823.~q ~. DeMarco asked if this was fair and ~. Moors replied that apparently all the work has been done mud is included in the hours of the briefing. Motion carried 5-0. -25- MINUTES - i~Ui~R CITT COL~CIL ~ETING ~ ~OR ~D~ B0~TON BEACH, .... ~ ' JAL~ARY 18, 1977 Request Approval of New Fire District Mr. Kohl informed the Council that he was in receipt of the Fire District map. M~. Howell, the Building Official, has worked with ~. Perry Cessna, the Utilities Director, and M~. Johnny Johnston, the Water Distribution Supervisor, to deter- mine which areas should be in the fire zone based upon possi- ble limited water supply for fire fighting and limited accessi- bility for fire fighting equipment. The reasons for the spscific areas being so noted is because of small lines in certain portions of town with potential water problems in case of fire. In addition, approval has been received by the Fire Chief, Gene Wright, and Fire Marshal, Allan Nyquist. He concurs with the recommendation of the Building Official and respectfully requests~eir concurrence. Mr. Strnad moved to accept the request for the approval of the new Fire District map, seconded by M~, Caidwelt. ~nder discussion, M~s. Jackson stated she wanted to talk to Kohl about this tomorrov~. ~. Kohl asked the City Attorney if an ordinance should be orovided and M~. Moore asked if this was part of the fire provisions and Mr. Kohl replied that he would go over it with him. Motion carried 5-0. Permi.t for Solicitation Palm Glades Girl Scout Comuci! M~ Kohl informed the Council that this a~pt~ca~mon order. M~s. Jackson moved to grant approval, seconded by Mr. Caldwel!. No discussion. Motion csm~ried 5-0. A~provai Reques.ea Re-organization of Co~.~s & Licenses Division ~'~. Kohl requested approval to move the Codes and Occupational Licenses Division, which is now under his jurisdiction, to the Building Department under the jurisdiction of Mr. E. E. '~Bud" HoWell, Building Official. Further, the offices and all equipment will be re-located in the Building Depe2~tment. If Council approves, he requests that the City Attorney be directed to prepare the appropriate ordinances to accomplish these changes. M~s. Jackson asked if this included the occupational licenses too and Mr. Kohl replied: yes. M~. DeMarco referred to re- organization and asked if it meant cb~aging the permit charges ~d Mayor Zack replied that this office i~ now located at the back of the Council Cham~e~s and the Building Department is down the street, M~. Caidwell moved to grant approval for the re-org~uization of the Codes and Licenses Division as requested by the City Manager and instructed the City Attorney to prepare the appropriate ord~_ance. ~s. Jackson seconded the motion. Mi~2~S P~GUL'~ CiTY CO~CIL ~ETING BOYNTON BEACH, FLORZDA JANUARY t8~ 1977 Under discussion, ~.~. Strnad asked what would be done with the office in the back of the Council Chambers now and Kohl repiied: nothing until the Council finds something for it~ as he does not have anything in mind for it. ~. Strnad asked if they had adequate room in the Building De- partment now and ~. Kohl rsolied: yes. ~'h~. Kohl added that it was important to hav~ this under the Building Offi- cial since occupational licenses and dealing with contractors is his business. He further explained how he worked with Department Heads and these two people were involved with the Building Department rather than the City Manager. ~. DeM~mrco requested that they bear in mind that they don't want to create any additional hardships on the building trade and due to the economical conditions, he doesn't want to chase anyone away and this must be considered. ~. Kohl informed him that they have been chasing the people from building to building now. M~. DeMarco agreed that it should be stream- lined. Motion carried 5-0. Approval of Bills Kohlre~a~ the following bills for approval: Allied Chlorine & Chemical Products $ 1,380.00 ChLorine for Water Plant Pay from budgeted funds 030-81~.63 &i!ied Chlorine & Chemical t~oducts Chlorine flor ~'~ ~ ~ ~ ~s~ew~te~ Treatment Plsaat Pay from budgeted f~c~ds 030-822.63 1,150.00 3. Jack Nicklaus Pontiac~ inc. 6,190.00 E - ~ Ton Pick-up Trucks Pay from budgeted funds 030-920.51 4. Intercounty Construction - Est. #1 18,000.00 SC~TD Plant - City of Boynvon Beach Share Pay from it!antic N~mo~_~' ' ~ Bank 19,~B?~ S~r~e~ ~ ~ Contract dated 10/~3/76 5. ~intercounty Construction - Est. #4 66,609.48 Wa~er Treatment Plant Expansion Pay ~rom ~tlan~mc National Bank ~975A Series Contract dated 7/9/76 ±s~aa Andrews Driver for S~nior Citizens Club - 3 weeks p~ ~y from budgeted funds 020-880 Ordinance #73-15, passed 5/15/73 154.00 Willie Ruth McGrady ~srver f6r Senior Citizens Club - 3 week~ Pay from budgeted funds 020-880 0rdinance #73-15, passed 5/15/73 134.40 ~Mit~J~S - PJI~t~D~M CITY COUNCIL I~E_ING' T BOYNTON BEACH, FLORIDA JANUARY 18, 1977 ~!len Insur+s~ce Agency ~udit adjustment on General Liability from 70/1/75 - 10/1/76 ?ay from budget accounts 001-885..30 $2,682.66 030-830.30 $1,3 1.3 Subject to transfer 4,024.00 Lanier Business Products ~crofilm · Reader/Prmnter Pay from budgeted funds 001-870.70 4,338.00 10. Earl Wallace Ford 4 - Light Utility Trucks Pay from budgeted funds 030-921.51 030-922.51 020-825 Bid approved 10/t9/76 $6,917.86 $3,479.73 $3,479o73 13,871.32 11. R & R Utilities mmergency repairs of force main Pay from budgeted funds 030-820,36 5,224.07 12. Gersch & Bramuchi Water Distribution Bldg. & Warehouse Pay from Atlantic National Bam~k ~975A Series Contract dated 7/26/76 56,555.1o 13. Hercules Tank & Iron Wor!ms 1,000.00 ~. Kohl informed them that the bills described have been approved and verified by the department heads involved; checked and anproved for ~ _ ~ ~aymen~ by t~e Finance Dmrec~or; funds are available in ~ uhe=r resoective budgets, z~ recom- mends p~¥-ment of these bills. He then referred to the addi- tiDn of No. 13 for Hercules Tank & Iron Works and advised that this had been withheld until they were satisfied in regards to the damage done ~o the cars. P~ Strnad moved vo pay the bills, oeconde~ by ~. Ca!dwe!i. No a_scussmon. Motion ca=r_ed 5-0. Sewers ~. DeMarco stated that he attended the Workshop Meeting of the. .Delray.Beach City Council last n=ght smnce they nad on ~hemraagenea~ to consider t_.eh permits for ~he regional sewer system project. After a lengthy discussion, they about de- cided that Boynton BeaCh would have to p~ the $20,000 before anything could be done, He objected and they referred to own- ing the land, outfall system, etc. He pointed out that they would be reimbursed for it and they finally agreed, possibly -28- MI~TES - P~EGUL~ CiTY COUNCIL ?tEnTING BOYNTON BEACH ~ FLORIDA JANU.~RY 18 , 1 977 to avoid any more e~guments, if it was suit~ole with the Council that~they would each put $10,000 into escrow and try to pursue Section 8 of the contract. He feels if he had not been there, they would not have gotten this. Ca!dwell referred to his previous statement that he wants to make sure that De!ray Beach gets their just reward. M~. DeMarco continued that if De!ray Beach s~ys again that Boynton Beach should take it over, he is going to agree as he sees nothing wrong in Boynton Beach taking itcover. Mr. Caldwell stated he did not think it was a Question of which City was going to run it and ~. DeMarco referred to this repeatedly being said. ~. Caldwell referred to the Inter- local ~reement being agreed to in 1974, but evidently now Delray Beach realizes it is going to cost them more. He wants harmony between the cities. He thinks it is a good idea to put ~0,000 in escrow and pursue the EPA reimburse- ment. M~. Caldwei! asked if Delray Beach had indicated that build- in~ permits would be issued and ~. DeMarco replied: yes, mn the interest of harmony. He told about stressing to them their need for the sewer. Mayor Zack stated that they wer~ protected under Section $ of the present agreement in regards to costs ~ud expenses. He thinks i~ ms good ethics to put $I0,000 in escrow. ~s. Jackson asked if ~uuything was put in writing and DeMarco informed her it was Deiray Beach Council's agree- ment at their work, hop meeting. Mayor Zack suggested putting $10,000 in e~orow ~ud having the bills submitted for the permits aporoved by the Chief Executive Officer. Mrs. Jackson added that a lette~ should be sent to DelreG~ Beach stating their agreement. M~. DeMarco agreed this would be a fair solution. ~. DeMarco moved to put $~0,000 in e~crow simultaneously with Delre~ Beach,and the bills shall be submitted to the Chief Executive Officer for approval and forwarded to the City Manager, and a'~letter shall be Lmmediately sent to Delray Beach advising of this action by the Council, and Section 8 shall be pursued for the reimbursement of the funds. ~s. Jackson seconded the motion. Under discus- sion, ~. Moore asked if the responsibility was going to be placed on someone to pursue reimbursement from EPA and Mr. Kohl reolied that this was uo to the Chief Exe- cutive 0fficsr. ~. Moore stated that somebody must have this primary responsibility. ~,~. Strnad stated that the way he understood it, they would not be able to recover monies oaid for license fees. He was Leader the impression it could be returned to the Board if listed as inspection fees, but not the ~20,000 for permits. ~L~. DeMarco informed -29- MZNUTES - REGUL~ CiTY COUi~C_L-? Y ~ETiNG B0~TON BEACH, FLORIDA JANUARY 18, t977 them that Detray Beach wanted assurance if they were not covered under Section 8, they would each have $I0,000 in escrow and they are going to pursue Section 8. Mr. Canon added that he believes they can get reimbursed under Sec- tion 8 for the inspection fees, but they are not sure about reimbursement for the permits as no precedent has been set. M~r. Moore stated that it should be legally understood that Delray Beach is waiving any permit fees and these charges are for inspection ~ees. ~ir. Canon informed him that Delray Beach could not waiver the permit fees hecause they must charge £0r permits according to their ordinances. ~. Moore replied that he thought they should waiver the fees ~ad could for any governmental body. 1@. Caldwell added that ~he City of Boynton Beach also has this incorporated in their ordinances, hut they have waived it for schools. Ma~vor Zack stated he didn't want to put the Chief Executive Officer on the spot and Mr. Canon replied that he was sure ~- Del~.rco h~d re-oorted satisfactorily. Motion carried 5-0. ~ Parking Areas Mr. De~.rco referred to the area outside City Hall with trees and grass and asked if it could be converted into a parking area because of the crowded parking arrangements? Mr. Kohl replied that he had not received any complaints. ~'~. Strnad agreed they had a parking problem until the muni- cipal co~om~s were abolished, but he thinks it will be eased completely now. !~. De_~a~o~ ~ suggested that a further study be made of it and I~r. Strnad referred to how it was nice ~o have the greenery there. P~. DeMa~co added that the Police Department was also short of parking area. M~yor Zack re- quested the City Manager to chesk into this situation during the next f~w months and report back to the Council. Discussion of Bristol Springs Mr. Kohl ascertained the Council members had a copy of the letter from M~. Suzanne Hunter, Environmental Control Offi- cer in Palm Beach County. He told about Bristol Springs having an outstanding~ mortgage of over $120,000. Tne_r~ ~ service area ms entirely within the service area of Boynton Beach and the only £easib2s solution would be for Boynton Beac~ to take over. The City could reclaim or otherwise use the land or the Co~ty could purchase~the assets and turn the distribution and pump site over to the City. Boynton Beac~ would immediately need to commence construc- tion of improvements necessary to serve the area with water and sewers. He told about me.=ting with the Utility Direc- tor, Finance Director and Ms. Hunter. He recomm~ends that they allow the County to buy this and pay the mortgage and then give Boynton Beach the pumping station. This means they must also discuss service to the Point Overlook area. -30- MI_h~JTES - REGULAR CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA JANbi~R¥ 18, ~977 He also pointed out that they receive 125% for their water. He thinks this would be good for the City of Boynton Beach and the County and would be very good public relations in helping people. Mayor Zack replied that he was in favor, but was also in favor of possibly annexing. M~. DeMarco moved to proceed with this plan o~ the basis of the City Managem's approval. He added that from what he gathered, it looked like they would get their costs within one to two years. ~. Caldweli seconded the motion. Under discussion, M~yor Zack stated that the cost would be $~25,000 mud ~. Kohl clarified that the outstanding mortgage for the County to pay would be $125,000, but the City's cost would be the water connections and piping, which ~ould be about $30,000, plus the sewers, which may be about $100,000. Cessna informed them that the water and sewer would be approx- i~tely $150,000 to $175,000 total and a subst~mtial amount could come from Point Overlook and Southern Bell. ~@. Kohl added that it would all come back to the City. M~e. Jackson asked if there were any legal aspects to this and ~. Moore asked where the money was coming from? ~. Kohl replied that the money was coming from Utilities, but first they have to talk to ~. Hunter m~ the Coumty to see if they approve. All the papers must be brought back to the Council for appro- val. M~. Moore stated that the sewer and water must go to- gether and the water is good, but the sewer may be a bag of sn~.es. M~.. Kohl informed him that they would abandon the plant and extend new lines. M~. Moore asked if it would be recup~mated and referred to the possibility of thmowlng money into a sewer syste~ which may have to be discontinued. M~~. Kohl replied that he thought this could be claimed. M~. Moore agreed they could claim it, but he didn't know if they would get it. ~. DeMarco asked if there was a chance they would recover it within a year and M~. Kohl replied within a couple with all the new developments. Motion carried 5-0. Discussion of Parking Along N. E. 22nd Avenue M~. Caldwell told about being approached by a couple people concerning an ~ ~ m' ~oreeme~_z reached with the City a couple years ba:k in regards to parking along the south side of~.w E. 22nd Avenue. He referred to the grassy area with 5 to 7 ft. between the road smd hedge, Some of the merchants are in a curious situation because of the pe~king. They need parking for their customers. He vnmn~_s it might behoove the City to shell rock or black top that strip of grass on the south side of N. E. 22nd AVenue along the chain of retail stores. M~s. Jackson informed him that these stores were built be- fore the ps=~king ordinance was enacted. ~. Caldwell ciari- £ied that he was asking for removal of the No Parking smgns on the north side of the south side of N. E. 22nd Avenue to give the merchants relief by shell rocking or b~ack topping, whichever is necessary. Meyor Zackaasked why the merchants ? f MINUTES - REGULAR CITY COUNCi-~ ~ETiNG BO~TON BEACH, FLOR±Da JANUARY 18, 7977 didn,t do this and M~. Caldwell replied that the situation was imposed on them by the City originally with putting the No Parking signs there. To rectify the situation, people should be allowed to park along the road. ~. Strnad stated he did not think it would be right for them to' expend tax- payers, money to alleviate the situation at these stores. ~s. Jack~on stated she thought this was just a case of allow- in~ them to parktthere as they did previously. ~. Kohl told about making this area into a part~.about two yeses ago. ~. DeMarco suggested that they could Just park on the grass and ~. Strnsd renlied that it would ruin the hedges and ~prinkler system. Me, or Zack suggested having the City ~na- get check on it and report back to the Council. i~s. JacY~on asked if the shuffleboard court was used in this area am_d an audience member replied: no. M~. DeMarco suggested making a parking area out of the shuffleboard court. Mr. Kohl referred to having a beautiful park there and agreed the shuffleboard court was not used mud this could be a parking lot. He added that he has made a study of this. Mayor Zack asked how many parking spaces they would a.~a ~M-. Kohl reblied ~nat it would have to be measured, but could probably g~t sround 25 spaces. Mrs. Jackson added that this wouldaalso help the people using the clubhouse. ~. Van Deusen appeared before the Council and stated that he was one of the instigators in getting the City to fix this area as it was a mudhoie. Parking could be allowed on the south and north sides of the stores. It would be h~ting members who use the clubhouse to concrete the shuf- f!eboe~d courts. Mms. Jackson moved to remove the No Parking signs from the clubhouse down. B~. Kohl stated that if they did this, the entire lawn would be torn up and Mrs. Jackson replied that they could park on the frass to the hedge. Mm. DeM~rco seconde~d the motion. Under discussion, Mayor Zack asked how many spaces this would give and Mr. Kohl replied there would not be more than 15 spaces. Mr. Caldwell suggested putting some shell rock on the outside of the hedge ~ud they would know they could park there. Mr. Kohl stated that if the signs were removed, they would have a sand bed and mudhole. Mayor Zack suggested having the City M~nager study it fur- the~._ ~. Strnad quest_oned' ~ ' why t~.ey~ should ruin this are~ after having paid a lot of money for it. ~.~s. Jack, on asked if the signs could be changed so they state: "No Parking Behind Hedge"? ~. Kohl replied that no matter what the signs said, the cars would go right through, kmock the hedges~down, etc. tt is just not right to allow them to park in the grass or sand. ~. MOore referred to the entire area being part of a dedicated roadway and explained how he thought it could be worked out with the expenditure being for a private item. They discussed the parking needs further. -32- MinUTES - REGULAR CITY COBR~CIL ~]ETING JANUARY 18, 1977 BOYNTON BEACH, FLORIDA ~. Caldweli then asked if the maker o£ the motion would con- sider requesting that strip to be black topped and ~.~s. Jackson replied: yes, if it would prctect the hedge. Mr. Kohl informed them that it wouldn't protect the hedge, but would tear up the grass with taking away the signs. !~r. Strnad referred again to this being ~ expenditure of ta×ps~ers' money for a private enterprise and ~s. Jackson disagreed and stated this was a City street and the stores were there before the ordinance went into effect. Mr. Kohl stated that he would go to this area with his engineer tomorrow and would find 15 to 20 ps, k- ing spaces somehow without ruining the park. Mrs° Jackson moved to table this and let the ~City Manager handle it, seconded by M~. Strnad. Motion carried 5-0. RS~.~st by Mayor Zack Mayor Zack requested that if the Council members have things to put on the agenda that they be submitted to the City Mana- ger by Wednesday noon. He referred to some people having left, nov ~mowing these things would be discussed. Mr. Kohl agreed and stated his additional item was an emergency as he just received it and ha~ to le~~ the County know tomorrow. ADJOuRnmenT M~s. Jackson moved to adjourn, Motion carried 5-0 e~d the at 1~:~0 P. M. ~TTEST' City Clerk seconded by M~. Calawel_. meeting was properly adjourned CITY OF BOYNTON BEACH~ FLORIDA / / CounCil Member Record: ,g Secretary (Four Tapes)