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Minutes 09-21-76MiI~UTES OF REGUL~ CITY COUNCIL M~ETING OF _~P~ C~_~TTv OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, SE~TE}~ER 21, 1976 PRESENT Joe DeLong, Mayor Joseph F. Zack, Vice Mayor Edward F. Harmening, Councilman Emily M. Jackson, Councilwoman Norman F. Strnad, Councilman Frank Kohl, City ~L~nager Robert B. Reed, City Attorney Tereesa Padgett, City Clerk Mayor DeLong. welcomed everyone and cai_e~] ~ the meetir~ to order at 7.30 P. M. He requested everyone to smise at the sound of the gavel for the Invocation given by ~. Frank Kohl, City M~muager, and to remain standing for the Pledge of Allegiance to the Flag led by Vice M~yor Joseph F. Zack. Announcements M~yor DeLong referred to the Public Hearing and announced that the applicant requesting ~ ~ ~ ~h~ abanmonment of N. W. 3rd Court had requested this partmcu_ar' ~ item to be tabled. This item~ will be at the pleasure of the Council when they come to _t. MIR~JTES ~egular City Council Meeting _ September 7, 1976 Mayor DeLong ascertained that the members of the Council had no corrections, additions or omissions. He then an- nounced a motion was in order for the adoption of the min- utes as suem~tted. Mr. Zack so moved, seconded by ~s. Jackson. No discussion. Motion carried 5-0. PUBLIC AUDV~ENCE Mayor DeLong asked if anyone wished to address the Council. He added that if anyone wished to speak about any item on the agenda to please step forwar~ and give their name to the City Clerk, ~s. Padgett, e_ud they will be called when that becomes the item of business. Mm. Arnold Stroshein stated his n~ume and his address as 7~0 M. E. 7th Street. He advised the Council that aoparently he could not get cooperation from the City Official~'. He told about writing letters to the City Manager in July smd August of 1974 regarding the deplorable condition of lots on N. E. 9th Street and did not receive any consideration. He recent- ly wrote another letter smd ~ossmb~y~ · ~ the Council could look into this matter. He referred to the ordinances requiring imople to ~intain their property ~ud read Sections ~3 to ~8. ~He.~referred~ to this going back to ~ 974 an~ told about callin~ ~m~y ofz_ces and not getting any response. Mayor DeLong MI~JTES - REGULAR CITY C0b%~CIL MEETING BOYNTON BEACE, FLORIDA SEPTE~FA9 21, 1976 recommended that he meet with M_~. Kohl tomorrow morning and go over this with him and the Council will expect a report from Fm. Kohl at the next meeting. After further discussion, Mr. StroShein agreed to meet with ~4~. Kohl at 8:00 A. M. BIDS Street Improvements: ~. S. E. 3rd St. (between S.E. 21st & S.E.~ 23rd Aves.) 2. Resurfacing Public Beach Par~ng ~esur~ac3ca~ ~astewater Treatment P!an~ ~. Kohl informed the Council that bids on the above were opened on Tuesday, September 14, ~976, at 11:00 A~. in the Office of the Purchasing Agent, Fm. William H. Su~_~van. b ' The Ta ulatzon Com~ttee r ~ eco~mencs acceptance of the low bid from Dixie Asphalt Compa~j, the baSe bid amounts to $30,286.~0, and the alternate bid amounts to $29, 146.80 to be awarded in a lump sum to one contractor. A copy of the Tabulation Sheet T~ c~.py ox the affidavit s~gned by Jamie Eaton. Estimator u~ ~ne Dixie Es~alt ComPany are on file ~ ~-'~ .... ~-- other requirements and everything is in order. Funds are available as follows: Project #1 - Assessment ~oject #2 ~ Street Improvements 001-854-90 Project ~ - Sewage plant Construction 030-215-~ He concurs with the recommendations of the Tabulation Commit- Mm. ~ armenmng moved to acceot the recommendations of the City Manager and Tabula~ion Com~z~ttee and award the bid for street improvements to pave S. E. 3rd Street, resurface Public Beach Park_lng, and resurface Wastewater Treatment Plant to the low mdmer, Dixie Asphalt Company, in the s~ount of $29,~46.80. ~s, Jack. son seconded the motion. Under ~ ' -,scu. sslon~ ~s. Jackson asked if the abutting property owners were ~ing to be ~sse~sed and Mr. Kohl ~eplied: es - y , along 3rd St. JacksOn then asked if Mr. Stroshein had paid his assessment and suggested looking into this before tomorrow morning. Motion carried. 5-0. Ms.¥or DeLong announced a motion was in order to revert from the regular order of b~ ~ ~ ~ us~ness andlcp_ oceed to Legal. Mm. Strnad so moved, seconded by ~{r. Harmening. Motion carried 5-0. LEGAL Ordinances _ 1st Reading ~. Reed asked if it Was the pleasure of the Council for him to read the ordinances on first reading by caption only or -2- MINUTES - REGUk%9 CITY CO~CIL BOY~TON BEACH, FLOREDA 976 in their entirety? ~'~. Zack moved to read the ordin~unces by 'caption only, seconded by ~. Strnad. No discussion. Motion carried 5-0, Proposed Ordinance No. 76-46 - RE: To Add a New Section tl.2 Entitled Conditional Uses ~. Reed read proposed Ordinance No. 76-46 on first reading by caption only. ~. Kohl referred to this ordinance being listed on the ~enda under Public Hearing and M~r. Reed explained that both Ordinances No. 76-46 and 76-47 were advertised under the Public Hearing portion and he thinks it wonld be appro- riat? ~o suspend the vote on either ordinance ~ntil they ~v~.~a~ the opportunity to have the public heazing at 8~O0 M~s. Jack~on moved to postpone action on Ordinance No. 76-46 and No. 76-47 ~util after the public hearing. ~. Zack seconded the motion. No discussion. Motion carried 5-0. _~oposed Ordinance No. ~ir. Reed read proposed by caption only. 76-48 - RE: Amending Sidewalk Ordinance Or TM cmns~nce No. 76-48 on first reading ~. Hs~mening moved the adoption of Ordinance No. 70-48 on f~rst reading, seconded by ~s. Jackson. No discussion. ~s. Padgett took a roll call Vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - B~ve Vice Mayor gack - .&ye Mayor DeLong - Aye Motion carried 5-0. Resolutions ~dr. Reed asked i~ it was the pleasure of the CounciI to read the ~ ~ - r~so~utmons by caption or in their entirety? .Mr. Zack moved to read the resolutions by caption only, seconded by Mr. Strnad. No discussion. Motion carried 5-0. ~roposed Resolution ~o. 76-%% - RE: Appoint Municipal Judgu >~. Reed read proposed Resolution No. 76-XX by caption only. Y~. Zack moved the adoption of proposed Resolution No. 76-XX, seconded by M~. Harmening. Under discussion, ~. Harmening informed the aum~nce that the judge ~eing appointed was -3- MI~M~TES - REGUk~R CITY COUNCIL BOOM, TON BEACH, w TM ~ ~ ~ ~ORIDA SEP~E~CBER 21 ~ ~ 976 David Centola. ~Le~vor DeLong added that he was the epl~.ceme~t r ~ for deceased~ Judge Sidney Schwartz. M~s. Padgett then took a ro~l call v~te as follows: Councilman Harmening _ Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice N~yor Zack Mayor DeLong Motion carried 5-0. - Aye - ~ye Proposed Resolution 76-YY RE: Appointi_~ C· - !ty Prosecutoz Mr. Reed read proposed Resolution No. 76-YY by caption only. Mr. Strnad moved the adoption of f~soluti~.76__vy appointing the Honorable Robert A. Dittm~, q. as u~y Prosecutor. Mrs. JacP~on seconded the motion. Under discussion, M~yor DeLong advised that the City Prosecutor was being a~po~nted because the former City Prosecutor was levatec to Judge. S Mrs. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Cotu~cilman Strnad - Vice Mayor Zack - Aye M~Jor DeLong - Aye Motion c~ried 5-0. Proposed Resolution 76-ZZ - ~. Autn~rzzzng Executzon of ~greement to Participate in Cooperative Disoatch Center M~r. Reed informed the Council that the agreement to this resolution should be substituted with the agreement now being passed out by the City Manager. Unfortunately, this agreement was n~t available oreviousl= this agreement De att ' r '~ - ~. ne recommenes that acneu ~o ~he proposed resolution, This was recently redrafted in concurren~ewith the City Attorney of Boca Raton and Lt. Ge~dener has also reviewed a proposed draft and approved it. ~ayor DeLong clarified that the adop- tion of the resolution would mean the execution of this agree- ment by the proper City officials. M_~. He~mening referred to not having the opporttuuity to read the substitute agreement and requested M~. Reed to enumerate the differences. ?~. Reed reolied that there was no substan- tial dzz~erences in the amoun% of contributions by the cities. Other cities can ~oin the agency. The only dz_zerence is more detail of the decisionsinvolved to be made by the Board of Directors of CDC. Ee thinks the new egreement is more in -4- MINUTES - REGUI~q CITY COU~CIL. MEETING BOYNTON B~ACH, _.~LORIDA SEPTE~.~ 21 , ~ 976 legal form than the original agreement. He s=~= ~ ~ , tial differences ~.ha,~ -~ ~. ~- . ~ ~ .... o s~bs~an- D. and ~. ~ee~ ~reed Par ..... ~ ~ ~--~- _z'erred to P~agraDh cn~es, w~ ~.~ .... ~- -.~T~= o-~ ~m ~ were the m~ applied to the Board of Directors. ~s. JacY~on referred to the agreement bein~ four pages long and asked if there was a~thing urgent about doing this now, as she would like to review it. ~. Kohl replied that he talked to Lt. G ~ . '~ meeting. ~dener ~ it c~ be tabled ~tm_ the next ~- Harmening moved to table Resolution No. 76-ZZ, seconded by M~s. Jackson. Under discussion, M~s. Jackson referred to the length of the agreement and stated she felt they should be able to compare it before voting on it. Mayor DeLong agreed andrezerred~ to their request not to receive material at the last minute. M~s. Padgett then took a roll call ~ote on the motion as follows: Councilman Harmening _ Aye Councilwoman Jackson _ Aye Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - ~ye Motion carried 5-0. ~h. Kohl ' ~ - mn~ormed the Council that the City Attorney had only received this agreement la~e yesterday afternoon smd Mayor DeLong suggested that peoole b% notified that mater- ial must be received prior to t~e meeting, so the Council members have time to study it. Proposed Resolution 76-i~A - RE: Revising Description of Job Classifi~at_ons~ ~ ~ud Amen~n~ "Pay Pla~ for Municipal Employees ~ M~. Reed read proposed Resolution 76-~A by caption only. ~h~. Zack moved v~e'~ adoption of propose~ Resolution 76-AAA, ase~°ndedroll callbY voteM~' Strnad.as follows:N° discussion. Mrs. Padgett took Cotuucilman Harmening _ Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mmyor Zack - Aye ~fayor DeLong - Aye Motion carried5-O. -5- MIi~UTES~ ~ - REGUL~_R CITY COUNCILMETMzT!NG SEPTEMBER 21, BOY~_ON BEACH, FLORIDA 1976 Proposed Resolution 76-BBB - RE: Authorizing Execution of Agreement with the State of Florida Department of Community ~-ffa~h~s ~on Planned P~renthood ~. Reed read proposed Resolution 76-BBB by caption only. He added that he thought there was a necessity of explana- tion in respect to this resolution. He referred to the City Manager,s m~o mentioning that an agreement is to be attached to this particular resolution; however, attached to this re- solution is an indication of the financial status of the proposed delegate agency, Planned Parenthood. During dis- cussions with Attorney Robert Chapin in Delray Beach, it came to his attention t ~ ha~ ~u application for a grant to the Department o£ Community Affairs in Tallahassee was to be made by the City and the Palm Beach County affiliate of Planned Parenthood. The agreement is not attached because it does not exist. Mr. Chapin has talked with officials at the Department of Consttmer~ Affairs and they have indicated that tomorrow afternoon ~ ~est Palm Beach, they are to award grants. The ~Ppl~cat~on~ ~ ~ for this particular grant was in the ~mount of $342000, The FlOrida Statute purs~ut to which this application is made provides in the event the delegate agency, wh~ · . ~ca ~s the Palm Beach County of Planned Pa-~enthood, is unable to come up with matching ~nds, the City must come up with the matching funds Of $3~,0~0. N~s. Eileen Grindle appeared before the Cotuuci~ and explained how the grant would provide needed medical facilities. P~anned Parenthood will come up with the m ~ w~ll not cost the ~v ~ o~_~ _ ~ . -at~h!ng funds. Zt . ~ . C~_~ .~ ~o~on meacn an thin say mn cne applmcatlon that if tb~ n~?-~-~Y g, ~t does ..... ~8a~e agency Goes not come ~ with the ~T~-tching funds, the City wilt. However, they ~e written that they will have the matching funds. They do have the money, They are asking the City of Boynton Beach to sponsor theappl~cation~ to provide' medica~ services to People who~.~ would not otherwise be served. Mayor DeLor~ asked M~. Reed if he was ma~uing a recommendation that everything was in order and the City Council could pro- ceed with adoption and ~. Reed replied that the City must come up with the matching funds if the delegate agency is unable to. ~here is no fund mn' tnem_~ '~ budget to permit them to Come up with ~34,000 if Planned Ps~enthood is unable to. Based on his concern, ~5~. Chapln has forwarded an instrument to him to be submitted to the State entitled "Release,, whereby Plann~dP~enthood hold~ the City har~Sess, He believes the release is an acceotable document, but wants the Co~cil to ~uderstand if Pl~uned Parenthood is unable to come up with the matching funds that the City, by making the grant aoplication and ~ ~ - ~ ~nst~tutmng the ~greement, will be obl_gatem itself to meSme the Payment. He has asked for -6- MINUTES - REGULAR CITY COUNCIL ~ETING BOY?[TON BEACH, FLORIDA SEPI~ER 21 , 1976 a release from Planned Parenthood sad they have received it. He asked for a financial status and it is attached to the resolution. In reference to the agreement, he suggests that this be deleted from the particular section of the resolution and add that the agreement wou~d be executed by the City of Boynton Beach subject to reco~nendation by the City Attorney. To his knowledge, the agreement between the City and the Department will only be prepared after tomorrow,s meeting if the Department agrees to grant the money. Mayor DeLong stated he believed this whole situation had not had enough study and they do not have enough bac-~round ~nfor- mation to ma/~e a proper decision. M~s. Jackson ques'tloned the City Council getting involved in Planned Parenthood and referred to it being controversial. ~. Harmening moved to strike this item from the agenda, seconded by Mrs. Jack~on. Under discussion, Mms. Grindle asked to speak and Mayor DeLong explained how it was not proper after a motion had been made. M~s. Padgett then took a roll call vote as follows: Councilman Harmening - Aye Mr. Strnad then stated he would like to make an amendment to the motion and Mayor DeLong replied that they had started the roll call. ~. Reed agreed the motion would be out of order since they were in the process of voicir~ votes. N~. Harmening added that itccould be put back on the agenda at a subsequent ~imel~ F~yor DeLong explained how he thought it should be put ~oge~ner better. Yms. Padgett then continued with taking the roll call vote as follows: Cou~cil~aman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - ~Jor DeLong - Aye Motion carried 5-0. Mr. Harmening then moved to revert to the regular order of business~ seconded by !~s. Jackson. Motion carried 5-0. PUBLIC HEARING - 8 P. M. Abandonment of City Streets: A Portion of N. W. 3rd Ct. - Boynton Hills, Block A ApDlicant: First Baptist Church Mayor DeLong anno~uuced that the First Baptist Church had re- quested~this particular item to be tabled. -Mrs. Jackson so moved, seconded by F~. H~mening. No discussion. Mrs. Padgett took a roll call vote as follows: -7- MI~-UTES - ~GULAR CITY COUNCIL ~ETING BOYHTON BEACH, FLORIDA SEPTE~ER 21, 1976 Councilman Harmenir~ _ Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice -Mayor Zack - Aye Mayor DeLong - Motion carried 5-0. An Ordinance Amending Appendix A, Zoning Regulations to Add a New Section 11,2 Entitled Condition~] Uses Mr. Reed read proposed Ordinance No. 76-46 by caption only. Eayor DeLong asked if anyone present wished to speak in favor of this ordinance &nd received no response. He then asked if anyone present wished to soe~k in opoosition and received no response. - - M~. Zack moved to adopt proposed Ordinance No. 76-46, seconded by N~. Harmening. No discussion. ~s. Padgett took a roll call Vote as follows: Council~u Harmening - Aye Councilwome~ Jackson - Aye Councilman Strnad Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. An Orazna~ce Amending Section 6(D)(~) of Appendix A, Zoning Regulations to Add a New Paragraph lA Setting Forth Be~is ~n~i~h Con$i~ional ~s~s ~y be Considered and Gre_uted in ~ ~ ~ uenera± uommerclal District Further Amending Section 6(C)(1) of Apoendix A Zo~$ Permitting New Boat Sales Agencies; M~. Reed read proposed Ordinance No. 76-47 by caption only. Meyor DeLong asked if anyone present wished to spe~k in favor of this ordinance and received no response. He then asked if mnyone present wished to speak in ooposition and received no response. - ~. Zack moved that proposed Ordinance No. 76-47 be passed as recommended by the Planning & Zoning Board. ~. Harmening seconded the motion. No discussion. ~s. ?adgett took a roll call vote as follows: Councilman Harmening - Aye Cou~ci!woman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - .AYe Mayor DeLong - Motion carried 5-0. --8-- MI~JTES . REGUL~m~ CiTt~ CO~7~CIL ~T_NG BOYNTON BE&CH, FLORIDA SE~ TE~R 2 ~, 1976 ~ Kohl referred back to Bids and advised that they had omitted the ~ -tam of Insurance Program. ~. Kohl explained how all the bids received were incomplete. He adv_sed that he would ask the Mayor to call a special meeting when they have more adequate information ~v ~ · Mayor DeLong clarified that there wouldn,t be any necessity for Council action at this time. Mrs. Jackson moved to revert back ts where they left off, econ~ed by ~. Sack. Motion carried 5-0. LEGAL (Continued) OTBER ~onsider Request of the Tewn of Hypolux~ - Mayor Joe DsLong Mayor DeLong referred to the request from the Town of ~vpoluxo and announced a motion was in order to instruct the City t~ i ~ornsy to draft the appropriate resolution in conjunction with that of the Town of Hypoluxo. ~m.~ Sack so moved, S ~ econ~sd by ~L~s. Jackson. Under discussion, w -m. Reed asked if the motion meant that the resolution would be to the effect that the City is requesting the ~bl_c Service Commis- sion to deny any increase to FlOrida Power & Light Compa~ and ~yor DeLong replied that it must be identical to the resolution submitted by the Town of Hypoluxo. Motion car- ried 5-0. g~onsider Repeal of Section 23A-6 - Sewer Service Deposil. Mr. Reed read his attached letter d~ed September 8, t976. Fms. Jackson moved that in accordance with what was voted on on May 27, ~963, they instruct the City Attorney to draft an Ordinance to repeal Section 23A-6 gewer Service Deposit and assume after that goes into effect to rep~y the deposits. ~- Ha~m~ning seconded the motion. Pad~et~ took ~ ~ ~ ...... ~o ~scussion. Mrs. CoUncilman Harmening _ Aye Councilwoman Jackson . Aye Co~cilman Strr~d - ~ve Vice Y~yor Zack - Aye Mayor DeLong - .~ye Motion carried 5-0. -9- MINUTES - REGU~-A~R CITY COUNCZL ~ETING B0¥NTON BEACH, FLORIDA SEP~E~¢~ER 21 , 1 976 Discuss Pro,posed Ordinances Requested by Cou_ucilwoman Jackso,, ~Mrs. Jackson referred to this being discussed se~wral months a(o and stated she would like to have the feeling of the rest o~ the Cou~cil r ~ egamming tu_wning back these prohibitions to the Plam_uing & Zoning Board. Mm. Sack questioned whether this was the responsibility of the PlaDn%ing & Zoning Board and there was some discussion. Mm. Reed informed the Council that he could prepare an ordi- nance which would not go before the Planning & Zoning Boam. d, an ordinance which - ~ wou_d add restrictions and place some sort of peD~lty on the o~fense. %ne other way to handle it would be to amend the zoning regulations to prohibit these in ~ll or specified zoning districts in the City, ~'L%cor DeLong asked if Morey,s would beCgrandfathered and Mr. Reed replied that as long as they consider the restrictions as amendments to the zoning regulations, they would not have the problem of grandfathering. There wasasome further discussion and then Mrs. Jacksonre. ~uested arecommenaatzon~ ' zrom~ the City Attorney regarding the 5est way to go. Mejor DeLong explained how he did not think they should put anyone ou~ of business. ~. Reed then recom- mended that the Planning & Sorting Board would be the appro- priate body to consider these as restrictive uses. ~,~s. Jac_kson made a motion to refer this to~'~n~= Planning & Zoning Board, seconded by Mm. Harmening. No discussion. Motion carried 5-0. OLD BUSi~ESS 9anvass the Vote - Cou~cilwom~ ~ ' " ,,m~]y M. Jackson, ~s. Jackson stated she only asked Mr. Kohl if they were going to convass the vote. ~yor DeLong stated there was no time limit provided in the City ordinance or State Statutes, Mr. Reed stated he onlyd'mscovere6- this was on the agenda amd thought it would be appropriate for the Council to ~'~ of votes, con~m~er a resolution regarding the c~vassing ~2~. Zack moved to read by caption only the resolution certi- fying the canvassing and results of the referendum election ne_d on September 7, 1976. Mm. Harmening seconded the motion No discussion. Motion carried 5-0. ' ~. Reed read Resolution 76-CCC by caption only, ~,~Yor DeLong suggested reading the results also and Mm. Reed read them as follows: MINUTES - REGUL~R CITY COUNC~ ~'~ETING SEPTEMBER 21 1 976 BOI~NTON BEACH, FLORIDA , For Against Proposition No. 1 1,~93 2,651 Proposition No. 2 1,253 2,645 P¥oposition No. 3 1,327 2,568 Proposition No. 4 1,110 2,775 Proposition Fo. 5 1,453 2,431 ~roposition No. 6 ~,191 2,788 ~'~. Zack moved the adoption of Resolution 76-CCC, seconded by }~. Harmenlng, No discussion. Mrs. Padgett took a roll call vote as follows: Gouncilman Harmening _ Aye Councilwomem Jackson - Aye Councilman Strnad - ~ve Vice Msyor Zack - Aye Mmyor DeLong - Aye Motion carried 5-0. Consider Receipt of C · , ' orresponeence from the Town of R~ e - Ma or Joe DeLon Ocean ~{r. Kohl read the attached letter from the Town of Ocean Ridge dated September 8, 1976. MaYor DeLong explained how he did not agree with the state- ment in the cadet By the Town Ma~mger of Ocean Ridge regard- i~g the use ~f-the land. Mr. Strnad stated he thought they had fooled around with this matter long enough. He ~ ,h~nks this is a .matter of col?tusion. A Guit claim deed to that land has nothing to do whatever wi~h the construction of a first aid station. ~. Strnad moved to t~{e a legal stand and go to cour~ a_ud find out who is right end who is · wrOno. M~rs. Jackson seconded the motion and asked if he meant a declaratory de~ree of who o~ns that one piece of oro~e ~ d~d not know anythin~ a~ ~rt~..M-~..Strnad replled that he to bring it to the proper court. It has nothing to do with - ~ ~ a ~eo±ara~ory de~ree, but w~uqts under discussion _ - ~ ~ *~en seconded the motion e . ~ - , M~or DeLong asked ~ ~ luc~da~e on what hao~e~ed ~ ~ ~ a~on~ present co~d morning. There w~ no response~ so he called upon Councilm~ St~nad. because the information was given to h~. ~. Sur~ad told about receiving a call telling about a man being pulled from the water and there is the great possibility if the facilities had been there, the man would be alive M~or DeLong added that he hes~d the ~u was st~ding in the Water and had a he~t attack. They have competent llfe gu~ds and If they had the availability of a resuscitator, this ~ wo~ld have had a 5~50 chance of survival. Mi~-~TES R ....... - m~u~ C11~_~ COUNCIL ~ETING BOYNTON BEACH, FLORIDA SEPI~E~ER 27 , 1976 [tre~sed the necessity of a first aid station. He added that e dmd not believe the land had a~thing to do with this. He then told about the City M~anager talk~ug to people in the State regarding recreational areas and the discussion revolved ~a~ound ~e la~k of a first a~d station ~* ~ =~ - ~[[~ ~ mng~bent upon th~s City Co~ ~%a~._.~e be- l~wly in ...... ~ wherever they may be P~ticu-~ recreational ~e~. F~e- Jac~on referred to a law suit and going to cour~ t~ing time. She asked if they could have ~ d~ect line from the head life gu~d right to the fire station ~ud ~m. Kohl re- plied that he did not thi~ it would be very expensive. They do have a telephone now, but not a d~eot line. N~or DeLong stated ~his would not provide a resuscitator. ~s. Jackson stated she thought they must do something in the me~uti~. M~or DeLo~repl~ed~ that in the interim, he thi~s the City }~.ager c~u ~e some type of orovisions for i~ediate first aid treatment. They must settle whether the City of Boynton Beach has the r_gnt4 ~ to protect the~ citizenm. ~ey dis- cussed f~rther the recent aceident ~d the necessity for a first aid station. M~yor DeLo~ then clarified that it had been moveda~d seconded tot~i~truct~ the City M~uager in conj~ction with the City ~ ~orn~y to use every resource they c~ with due process of law to construct a first aid statioa at the beach. ~s. Padgett then took a roll call vote as follows: Co~cilm~ H~ ~menmng - ~ye Coomcilwom~ Jac~on - ~e Council~ Strnad - ~e Vice Meyor Hack Mayor DeLong Motion carried 5-0. ~s· Jackson added that she thought' ' it was tzme' to find out who owns that one piece of property nobody has a deed to. M~s. Jackson moved to have M~. Reed find out wh~ owns this once,~ and for all. l~D$-or DeLong stated that he ~ ~d discuss tn_s with Mr. Reed: but they do not Y~ow if the results of the study made by the abstract company in West Palm Beach are in the hands of the former City Attorney. ~5~. Harmening seconded the motion. MaS'or DeLong clarified that it had been moved and seconded to '- ~ · ~ instruct the City Attorney to use every ~venue of study in order to ascertain the rightful Ownership of the prooerty owned by the City of Boynton Beach located in the Town o~ Ocean Ridge. No a-scussmon.~ ' Motion carried 5-0. ~7~ BUSI-~SS MINU~Es - Pd~Gui~2p CiTY COUNCIL ~ETING Sm~t~ER 2~, ~976 BOYNTO.~. BEACH, FLORIDA ~ Discuss Use of Add~ess~ra~h Machine - Councilman Strnad ~. Strnad referred to the audience and stated he would like this Co~ucil to take action to rectify anything which has been a mis~mderstanding. In the past, the Police and Fire Dep~_rt_ ments have been using the addressograph machine for certain purposes to solicit funds for their organizations, etc. Mr. Strnad then moved to continue to permit the Police and Fire Departments, without allowing anyone else who is not in the City government, the use of the addressograph machine. M~yor DeLong added that he believe~ all br~ches of the City government should have this right; it shoul8 be a policy. He does not think it is any business of the City unless the addressograph machine will be used for sending co~m~unications obscene in nature. TheC~y should adopt a policy to permit these branches to use the addressograph machine to address envelopes. ~. Eack asked if it would be a~ the same rate $~0 per hoo~ and ~. Strnad replied that it wou_d be deter. mined by the Finance Department and City Mansger. Mayor DeLong added that he would like to keep the costs down. He believes it is incumbent upon all City administrations to alleviate anything that might create ah~ardsa~p.~ ' ~. Zack then seconded the motion. Mrs. ~adgett t~ok a roll call Vote as follows: Councilman Harmening _ Aye Councilwoman Jackson - Aye Councilman Strnad Aye Vice ~or Eack - Ms~or DeLong - ~e Motion carried 5-0. Mayor DeLong state~ that there seems to be a doubt in peoples, minds as to just e~actly and in what ~nner these organiza. tions function and the amount of assistance and aid they are entitled to from City administrations. He told about the efforts of members of the Police Department regarding the Parcel of land on N. W. 22nd AVenue. He believes they should aid and assist thePolmce' Department to complete what they have started. He e~plained how the area could be improved with being a park with picnic tables, be~beque areas, etc. He t~en announced he was going to appoint a committee to overimplementcouncilthismembersDarticular plan. He appointed t~e ~wo hold- the C ~ ' "- Vice Mayor Joseph Zack as ha~rman of o~mtvee and Councilman Norman Strnad; the City Attor- ney to handle the tega~ an~ie- t~ tion Director. C~h~-~- ~ ~ ,~,~ City I~a~Uager~ ~e Recrea- Bob Ferrill. ' ....... ~'emermc~; and President of the FOP, ~s. Jac~mson moved to carry out the program by this Committee appointed. Mr. Harmening seconded the motion. Under discus- sion, ~s. Jackson referred to when this property was first -13- MINUTES - REGULAR CITY COD$ICIL [~ETYNG BOYNTON BEACH, FL~IDA -- 976 being developed and told about women requesting shooti~g lessons. She told about such a course being given in Orlando and how it had been a success. She suggested this ~' possibly be a good way to make money. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman Earmening - Aye C°~u~-cilwoman Jackson - Councilman Strnad - Aye Vice Mayor Zack Aye M~or DeLong ~ye Motion cs~ried 5-0. Mayor DeLong the~ declared a five minute recess in view of the amount of people exi~ing. He called the meeting back to order at 9:05 P. M. D.iscuss Poisonous Plants on City Property - Councilwoman Jadks¢,~ M~s. Jack, on referred to a newspaoer article l~stmng deadly plaints. She exerted to there being some Oleanders in their picnic areas and told about the hazards of these plsmts. She suggested removing them or posting signs. She requested the feelir~s of the other Council members. Mr. Zack stated that he checked on the Olea~uders and there are quite a few around. However, they are only dangerous when taken internally. He questions 'wbj they should remove them? He does not see how the C_ty can be sued. In reoly~ Mrs. Jackson referred to .the article giving affects w~ich could happen without eating them. Mayor DeLong suggested that the City Manager make a study of this and make a report to the City Council for their consideration. ~/~. Strnad added that at least 25 bo 3~g of the plants growing ~n Florida are poisonous. He thinks where there are poisonous pl~ts in the areas of Oicnic areas with barbeque pits that signs should be pOs%ed warning of poisonous plants in the vicinity. ~Lmyor DeLong requested M~. Kohl to follow through with hms uggestmon. ~lscuss Hm~chb~ng _ Vice Mayor Joseph F. Zack ~. Zack stated that uo to this year, the State did not permit the municipalities, counties or ¢i~ies to prohibit hitchhiking, but at the last session, the right has been turned Over to the cities, counties, etc. He read Chapter 76-72 amending Section 316.OO8. He added that +~ ' became effective July ~, 1976. He thiD~s it would probab~m~e a Eood idea to have an ordinance to give the police control. ~. Eack then moved to instruct the City Attorney to draft an pproprmate hitchhiking ordinance, seconded by ~s. MI~JTES - REGULAR CITY COUNC_~. ~ ~ ~ BOYNTON BEACh, FLORIDA ~ET~G SEPTEmbER 21, 1976 Jackson. Under discussion, P~s. JacP~on suggested sending this to the other municipalities in the County as it would Be helpful if they cooperated. Mmyor DeLong told about the system in 1950 when th~ police cooperated to get them out of the State. Motion carried 5-0. ADMiNISTRATiVE Request Authorization to Secure Verbal Quotations for the Sale ~f Cast Iron Pipe at Water Treatment M~.Kohl informed the Council that F~. Joh~ Johnston reoorted the surplus pipe at the ~ ~ ~ Wa~e_ Treatment Plant is now i~ the way of the new expemsion pro,eot. The City had hoped to use these pipes for other projects, but they are too cumbersome (~8 feet lo~g) for City crews to manage. If they go out for bids now, i~ would not be aws~ded until the City Council mee~- lng of O~tober 5, 1976. Due totthe urgency of this project, he requests authority to secure verbal] quotes. ~s. Jackson moved to grant authority to the City Manager to secu_we verbal bids for the 18 ft. long pipe in the way. R~. Zack seconded the motion. Under discussion, Mr. Strnad stated he would like to knew approximately how many they were speaking about and ~. Kohl replied that he did not haveaany idea. He added that the pipes have hairline crac~ and would'be useless for water and the used ones s~e not good at all. Mm. Strnad stated he would be a little hesi- tant to get a verbal cue a~mon i~ it was going to amou_ut to a large sum of money. ~. ~ohl eferrem to t_~ms being the same as going out for a bid up to $5,000. ~. Harmening q esvmonem how much pipe they were talking about suud ~. Kohl replied that he would check it. He added that he did not think they Were talking~ about thousands of dollars. These pipes are not good for any job and could only be used for culverts. He will give them the exact xn~or~tmon tomor- ~. Tom Clark aooeared before the Council and advised that they had asked ~ culvert pipe could be Used, but they do not have e~y drainage projects. They are probably around ~2'~. Mm. Kohl inform&d them that there were ten pieces of 6" and forty pieces of 12". ~. Harmening questioned how much was Cracked and }~. Kohl replied that all of it was and it could not be used. Wayor DeLong requested hLm to verify this. '~ ~s. Jackson amended her motion to be subject to the inspec- tion by Mm. Kohl and his pp~oval that uhey are obselete. ~. Kohl advised that he wOuld take pictumes. ~. Harmening then seconded the - - - amenament k~NuTES _ REGULAR CITE CO0~¢CIL ~ET!NG SE-DI~-~.~R 21 1976 BOYNTON BEACH, FLORIDA , ~Dyor DeLong then called for a vote on the amendment rega3d- lng proof that these pipes are not useable. ' - 5-0. Motion carried Mayor DeLong then called for a vote on the origine~ motion and the motion carried 5-0. C~onsider Request of Mr. James Wurt~, ?~. Kohl informed the Co~iucil that M~. Wurth filed applica- tion to allow two 50 ft. w~ud powered electric generators to remain in the R-IAA zone. The motion was denied at the Plan- ning & Zoning meeting of August 24, ~976. The motiom was .made by Mr. ~yder and seconded by ~. Kostner, based on the fact that the generators were previously installed, that this was not a proper use in the R-~AA zone, and that this would set a bad precedent. Mr. Lambert abstained, Since much time haseelapsed, excerpts from the Planning & Zoning Board meeting minutes of August 24 (9 pages) have been given to the Council members for ~heir information and u'~ g 1~83t~e on this request, as well as the City Attorney,s opinion on this matter. Mayor DeLong announced before t~ing action, he would like to extend the opportunity to Mm. James ~urth and M~. Bill Galeazzi, the former City B ' ' ~ to address the CoUncil. umld~ng Offlcial accompanying him, Mr. James E. W~th stated his name and his address as 640 Castilla Lane. He stated he would like to make a few brief statements about the wind generators in u - · q es~lon. When he started the pro3ec~, it was new,d'lfxerent~ a~ud controversial. He was first concerned with his neighbors and he polled them ~d disc~sed the situation and received verbal and written tionC°~itmentSwas thethatc'~ they d~id not object. His second considera_ l~y because he ~ew no ordinances were on the books covering ~ything simile~ to wind generators. He sought ~idance ~ counsel from the City by meeting with the ing~ Zoning Bo~d on t~ee separate OCCas~ irg~mee~ing, a Planing Consulta~% ,-'~ - - ~ .r°ns' At the ~. ~ ~ ~ . ~ ~_ea o~ ~ne City advised nt~ ~nis woul~ be mo~e of Aa~ustment. How~v~ f% ~.-~e to cgme before the Boar' the ~din~ .... 3--id~, ?~ ~*~s time, ~he~ were cne ~ulldlng Dei~t~ent ~o sec~e a ~ '~-' - . o ~ ouz_dzng ~r~t. He was~advlsed by the head of the Building Dep~tment to pro- ceed~and go ahead with construction and when the ordinances were re-written, he would be issued a building permit. Sub- sequent~ ~- he entered into an agreement_ with Florida L~ont Co. ~d he told abou~ th~ ~=~* .... Power & .support and back~n~ ~¢ +~ ~2~-ji~~ ~ey ran, He-has the - o ~ ~= --~*lu~ De.lees Co~ission. He explained how Florida Power & Light Co. had been very cooper- ative. -16- MIH~TES . REGULatoR CITY COUNCIL MEE~INC- BOYNTON BEACH, FLORIDA - SEPTEb~ER 21 , 1976 ~m. Wturth ~hen mntromuged his neighbors them to stand to show their support. -Hepresent and asked - continued that he realizes he has put the City in a compromising position and has put presstu~e on the Council. There is no precedent and no.experience. He would like to request that he be granted a vemporary permit for one year to leave the generators re- main to ru~ a program for Florida Power & Light CO. ?als will give them enough data whether these are f ' easmbl= and will be given to the Public Service Commission andfforwarded to Washington. If the data does not justify a wind genera- tor ~ this area, he will remove it and if any of the neigh- bors do not feel they areaappropriate, he w~l~ ~ take them down. At least, he would like the opportun~ty~ ~m run them to see.if they are feasible. He feels it is a_u opportunity for the residents of Boynton Beach to demsmstra%e they are concerned about the energy crisis. i~. Bill Galeazzi then appe~ed before the Council and read an article concerning C,eneral Electric building a giant wind mill. He referred to talking about energy conservation and xplamned the situation about the fuels. He told about the problem of pollution presently. He told about talking to Government officials and how they felt this was very import- ant for all the people in the country. He then referred to the present electric bills and the increases he has had to pay. He added t~atb Florida Power & Light Co. is not forcing the increases because they want to, but bec~us~ the cost of fu&~ is increasing. ~' v ~ ~ _ne~ have ~oined with Mr. Wurth a_ud his project to try to see if there is any way to cut their co~s. Will Boynton Beach be the first City in the country to pro- mote Jim Wurth to solve the energy crisis~ Please give him oermission to continue this S ' ' ' ' - c~ent~f~c project. 'All the neighbors consent. It is a well engineered system. At no time has a~j~ power company given permission to hook into their grid system, but Florida Power & Light Co. is consid- ering this smd ~ ~ ~h_s is a major step forward. He asks every- one to join together with Jim Wurth a~ud help in his studies and give hi~ the confidence he needs. Mayor DeLong then announced that this item would now be dis- cussed by the members of the Council. M~. Strnad stated before his colleagues made any decision, ~e would like to stress a few i~ , - , ce benefic'~l tn ~ .... Pg-~ts which he ~h~n~s m~ght of all. th~ *J-~-~ ~u~ge~env~ As Mr. Wurth said, f~r ..... ~ ~# unzor~u ~ . . - st not oues~ ~ ~.~ ....... n~e s~tuation and he does received ........ from theWUr~n's ~nregrzty as to what direction he ~ . ~ Building Department to go ahead with this P-o2ec~, but they must consider everything that is related to this Particular project. He realizes this is against the ordinance. However, the request here is for a temporary MINUTES - REGUI~ CITY COLrNCIL ~ , BOYNTON BEACH FLORIDA -~ETING SEPTE~ER 2t , ~ 976 operatir~g ~ ~ pe.m=~ for one year after which time it wilt be removed and dismantled. He thlnF~ there are four things which would prevent this from happening in other parts of the City. The first thing is that you must have the intelli- gence to conduct ar. exper~nt of this type. There must be the initiative. There must be the money to create a thi~ oH this magnitude. The neighbors must give consent. He believes if this had been attempted in any other place of town ~d the neighbors complained, it would not have been started. ~. Zack referred to having about nine pages of testimony mud moved to follow the recommendation of the Plemning & Zoning Board to deny this request. Ms, or DeLong ascertained that there was no second to the motion. ~. Harmening moved that the City Attorney be ir~tructed to prepare an ordinance, as he wants to do this ~u legal form, gramting~ Mr. Wurth permission to install, operate~ and main- ta=n for one year the wind mill generators at his prooerty ta..~ng into ~ons_derat~on~ ~ ' that this would be an exception- to the 45 ft. exclusion, taking into consideration any other ordinances which may appear to be contrary to this and this ordinance shall expire in one yee~r subject to the City Coun- cil's discretion. Mayor DeLong questioned whether this had to be done by ordinance or resolution? He understands by ordinance there is a height limitation and he ~oesn,t believe it should be amended. He thir2ms the aopropriate legal instru- ment must be ~nst~uted~ ~ ' whereby &ft~r - one year, it will be immediately dismantled. The man has come in good faith and wantS~r~~t° experiment for one year. He thinks it would be a~- ~ ~ ..... = to have the legal instrument for one year. i~. Harmening replied that his motion was to allow this agreement or legal instrument to include a renewal ootion at the City Council,s concurrence. This may become mo~e popu!a~ and he wants to give everyone a chance to review it at the end of one year. There was some further discussion and then Mr. Reed stated he hoped the motion would provide that the re- newal of this temporarybuilding' permit may be o ' - r~n~wed at the end of the one year period at the pleasure of the Coun- cil. He thinks the Cotuncii should decide which ws~ it should be worded. He hopes the motion could be modified that he would, be instructe~ to investigate the legality of even pre- ~armng such an instrument which would apply to one individual mn one situation. He is not aware whether such an agreement would be legal under the zoning regulations of this City o~ State. He had no idea the proposition would be intthese terms. He must look into the legality of doing it. M~. Harmening requested his motion be rephrased to include the City Attorney,s re~.rk~. ~s Jackson then seconded the ~otion. ' -18- MINUTES - REGULAR CiTY CO%%~CIL MEETING BOYNTON BEACH, FLORIDA SEP~.~ER 2t , 1976 i~ayor DeLong clarified that it had been moved and seconded that the City Attorney be instructed to conduct a research and possibly render a legal opinion whether this ~ _s possi- ble. ~. Reed replied that if they were able to research this matter and come to a conclusion that such an instru- ment would be proper, there would bs no reason to proceed; but if there is an obstacle, they would bring it back to the Co~uucil. He would like some instruction whether the instru- ment should provide for dis~mtl~ng at the end of one year or renewal at the pleasure of Council. M~yor DeLong replied that he was not going to be here at the end of one year and he did not think the feelings of the present Council should be passed onto the next Council. He believes the next Coun- cil should be in a position to decide whether they want to renew. ~. Harmening added that he believed his motion cer- tainly gave the next Council every right. Mayor DeLong cle~ified that it had been moved and seconded to have the City Attorney research the legality of drafting the nroper leEal instrument that would pe_mm~ this Council to gr~uut permission for the tower to remain s_ud he will then proceed with the proper legal instrument and determination of renewal will be up to the next City Council. Under discus- sion, M~s. Jackson referred to this be_ag an experiment and gave sxamo]es how others had been successful. ~s. _adget~ then took-a rolZ call vote as ~ollo~ss Councilman Harmening - .~e Councitwom~n Jackson - Aye Councilman ~t ~ rnad - Aye Vice ~yor Zack No Mayor DeLong Aye Mayor DeLong asked ~. Zack to reconsider his vote and Mr. Zack replieS: no, this does not belong in this e_~ea. Mr. Harmening added t~ nat the neighbors did not object. ~s. Padgett then announced the motion carried 4-1. Consider R~ques~ of ~%~. Norman ~chael - Construction of Townh~ouses i'~m. Kohl referred to the apolication made to the Planning & Zon~no Board on this project being on file e~d advised that he did have the site plan. The Townhouses of Golf View Har- bour are located in Tract ~ of Golf View Harbour, Third Sec- tion, at Congress Avenue e~ud S. W. 27th Avenue. ~ais develop- ment is a 72-unit townhouse oroject. The Planning & Zoning Board unanimously ~ · ~ recommenmea the 'oro~osed site olan be ap- proved, with orovisos as ~ndmcated below: 1. That S. W. ~Sth Avenue remain as proposed on the site plan. SEPTE~ER 2 t, t 976 2. That the pavement between the proposed, platted cul- ,de-sac on S. W. 28th Avenue and Congress Avenue be removed before ~uy CO's are issued. 3. That the remaining south ½ of S. W. 28th Avenue, between the proposed cul-de-sac and Congress Avenue, be ab~udoned before any CO's are issued. 4. That additional recreational area and facllt~=es be prov_med in the southwest corner of the project. 5. That the City staff recommendations be complied with. · he motion to approve was ~de by M~. Ryder, seconded by Lambert, subject to the above stipulations Motion carried 6-0. ~{r. Zack moved to grant the request of ~. Norman ~ichael re- lative to the construction of townhouses including the provi- sos set aside by the Planning & Zoning Board. ~L~. Strnad seconded the motion. Under discussion, ~s. Jackson stated she would like to re-ax?_rm that this wasiin accordance with the court order and Mayor DeLong replied: yes, he believes ~@. Reed gave a legal opinion. ~ir. Reed added that he hoped they w~ulc consider _~ir. M-ic~aez,s request in light of the letter which covers the affect of the court order. Possibly it might be appropriate to include an ~-ndmc~mon ~ ,~ ~ the approval of the site plan is based not on~ .on the provisos of the Planning & Zoning Board, but in adm_tmon the contents of the letter be made part of the approval. Major DeLong stated that part of the motion will be that the letter from the City Attorney must be attached to the minutes and ~. Michael will comply. M~s. Padgett then took a roll call vote as follows: Councilm~u Harmening - ~ve Councilwoman Jackson - Aye Councilman Strnad Aye Vice M~ayor Zack - Aye Mayor DeLong - ~e Motion carried 5-0. Consider Application for License fo~ Used Car & Cam~er Sales - M~ John Woods ~ ~s. Jackson questioned where this business ~ ~ ~ · ~ou_d be located? t~Ir, Strnad asked if it would be under cover and ~.~. Kohl re- l~ ed: P - - no and Mayor DeLong added that the ord~n~cace m ' s did not require this. -~,~.~ayor DeLong then euestioned the location also and i~h~. Kohl replied that he woul~ l~_e to have this tabled. ~s. Jackson moved, to table this application, seconded by _~c. -~-a~menmng. Motion carried 5-0. -20- Mi~TES - REGULAR CiTY C ~ ~ ~ ~T BOYNTON BEACH, FLORIDA 0UE~I~ ~T~G 976 Consider ~-Pplication for Taxicab License _e~ .. (Tabled) - M~. Gerald S~ ~. Kohl read this application a~ud advised that they had checked this gentleman. ~.lso, in reference to the number of taxica~s in the Cm~ at the present, there are nine. ~ney can go up to 22 with the average of t,500 population for one ~mcaD. Mayor DeLong asked if he recommended granting this application and ~. Kohl replied: yes. ~. H~mening moved to remove this from the table, seconded by ~s. Jackson. Motion carried 5-0. ~. HaZ~menlng refew~ed to making a very thorough s~ud~ of the transportation recuirements of the City of Boynton Beach and the availability Sf taXicabs and moves to grant this application, ~s Jackson seco.~dea the motion. Under cms- cussion, M~s. Jackson told about receiving several telephone calls regarding one of the other taxicab companies and how long it took them to respond. Motion carried 5-0. Consider Application for Permit to Solicit _Voters - League of Women ~. ~.ohl informed the Council that ever~ th'~ and requested approval. Y ~ was in order ~m~s. ~ac_~son moved to gr~ut permission, seconded by Harmening. ~[o discussion. ~<otion carried 5-0. _Co,sider ~Pplication for Permit to Solicit - Gr~¥-y Leagu~ ~ Kohl told how ~ ~ · · ~n_s was con~~ecve~ with the Galaxy Elemen- ts~y School and they antea to raise money for football equipment and ¥ activities. ~'~. Harmeni~ ~oved to grant permission to the Gray-¥ League to solicit Upon reco~_~endation of the City z~nager ~ad Recrea- tion D4r~-~ ack, on seconded the motion. ~o ~ussion. Motion ~ ~ ' carr~eo. 5-0. ~pproval of Bill.~ Kohl read the following bills for approval: Ruo_n Construction Co N. W. ~3th Ave. Boat Ramp Park Dev. Ps~ from budgeted funds O2~-8~3 Bid awarded 4/26/76 7,645.50 -21 - MZNUTES - P~EGUI~R CITY COUNCIL -~ETING BOY-NTON BEACH, FLORIDA ~ ~' 1976 SEPTE~_~R 21 ~ 2. IBM Coro. $ ~ompute~ rental for September ' P~Y frombbudgeted funds 001-890.38 Bid accepted 9/30/75 3. ~oynton Beach Cb~d Care Center~ !nc Requisition for Oct., Nov. & De~. p~v from budgeted funds 020-880 Ordins~ce #73-15 passed 5/15/73 4. Cynthia Lewis Server for Senior Citizens Club - 3 weeks Pay from Federal Revenue Sharing Fund 020-880 Ordinance #73-~5 passed 5/15/73 Is!ah Andrews ~nior Citizens Club - 3 weeks Pay from Feaere~ Revenue Sharing Fund 020-880 Ordinance #73-15 passed 5/15/73 S~a~e ~ept. ox Tr~asporta~io~ Refund of overpayment of 1-95 ~ ~ ' ' ~t_lmtmes Relocation (Project #6858-t3A) Pay from Utility General Fund 2,786.00 2,73t.15 134.40 126.00 15,754.87 The bills described have been approved and , ~ ~ Cer~f~ed by the department heads involved; checked and approved for p~ment by the Finance Director; f~uds are available Lu their re- spective budgets; ~ud he recommends payment of these bills. ~. Harmening moved to pe~- the bills, ~ ' No discussion. Motion carried 5-0. s~conmed by F~s. Jackson. OTP~ER M~. Reed referred to the orevious Coomcil meeting when they considered the zoning of ~he corner of Golf Road and Congress Avenue from the application made by Milnor Corp. shad ~dv_sed ~at ~, ~chael had filed a law suit against the City today on this. Mr. Kohl referred to the Bicentennial dinner and informed the Council that ~. O'Meara had given him a check in the amount of .~m10.78, which they had in their fund at the bank. They had $278.42 in the City fund s~d after paying the bills e the Bicentennial dinner, they still have ~ o.go left. .or M~. Kohl referred to the special ont~ngency fund*and how it C ~ was getting close to Christmas.. He feels the Ckrlstmas oar- ade is a good ~ ~ - ~romo~on and he would like to continue it. it is in this year's budget ~ud he would like to continue the same as he has done for the past three years. MayorDDeLong * of $9000 and an additional $30~022f~cc~ the Chamber of Ccm%merce budgeted in the Department of Cc~mlunity Promotion Accounts. (See M~nutes of 10/5/76) MI~JTES - P~GUL~R CiTY COUNCIL BOYNTON BF~CH, FLORIDA SEPTE~'~ER 2 ~ ~ ~ 976 announced a motion was in order to instruct the City M~uager to procee~ with the setting up of the annual Chw' ~ -!s~mas Dara~ with the funds appropriated in the budget. F~s. Jackso~ so moved, seconded by ~. Earmening. No discussion. ~s. Padgett took a roll call vote as follows: Mot_on Councilman Harmening _ Aye Councilwoman Jackson ~ Aye Councilman Strnad - Aye Vice Mayor Zack - Aye M~or DeLong - Aye carried 5-0. Mr. Kohl told about the Galaxy Elementary School requesting sid~walk~ on 4th Street, w_~cn he cannot do~ However, if h~.could put in an asphalt bike path, it would t~.zng for the ch_ldre~ Mayor DeLong ~ ~pro~me some- ' --' announce~ a motion was !n order to ~ ~-~struct the City Manager to proceed with some kind of asphalt bike path into GalaF~ Elementary School. M~s. Jack~on so moved, seconded by ~. Zack. Under discus- sion, ~. Strnad remarked that he hoped it would not be a monstrosity like on 23rd AVenue. N~s. Jack~on added that younger cn_laren were going to this school and she thiD~ks they must orotect their school ch~~ - '-~mren. Motion carried 5-0. A~JOURE~MT ~s. Jackson moved to adjourn, ~econaed by Mr. Strnad. --ou~on carrled 5-0 and the meeting was properly am~ourned at 10:05 P.M. ~' CITY OF BOYNTON ~ACH, FLORIDA BY ATTEST: ~ity Clerk / Recormin~ Secretary (Three Tapes) -23 - .~ M~yor er ....... ~% ~ber VI. LEGAL D. 2. CITY of BOYNTON BEACH OFFICE OF TI-/E CITY ATTORNEY September 8, 1976 Repeal of Sec. 23A-6 Sewer Service Deposit In connection with the City Council's consideration of the repeal of the above- charge, I have reviewed the City's water and sewer bond resolutions, the Code of Ordinances and the documentation compiled by Councilwoman .g the history of this charge from the late 1960s to date. Under Sec. 23A-6, person who is obligated to pay the monthly sewer service charge must pay a deposit sum not less than the amount estimated by the City as the total sewer service charges paid by such person for a two month period. This deposit was to insure the payment service charges as they became due. I might also add that S~ction 8 of Resolution ?5-W also imposes the obligation of paying a deposit upon the installation of a water in amounts varying with the size of the cOnnection. ~r ~ As noted above, I have reviewed the Citv'~ ~ ......... ~: ~iO;~venant to the effect t~+ o ~- v - ~-~g cone resolutions and can fin ,~:~es~Jutions refer in ,,c),,+~*--~- .~ _ r ~o~ u= ~mpose~l. However ~h==~ ! ~ae. ,.~greements between th~ r*~. _, ~. .. s ~==m~n~s winch, other than ~ _: ~, --- --.~ ~y anu ~v~r. N. R. Field, have not been reviewed b this .~, m~nce ~ney are not in our possession. Y With respect to my review of the City of Boca Raton's water and sewer system code, that I find no authority for the imposition of a sewer service deposit in that however. Boca Raton does charge guaranty deposits for water service similar to by the City of Boynton Beach under the aforesaid Section 8 of Resolution No. In regard to the research documentation compiled by Mrs. Jackson, it appears that, quent to adopting Resolution No. 62-H establishing a major municipal sewage expan- after retiring the sewer revenue bonds held by Mr. Field, the City at its meeting held May 27, 1983. unanimously passed a motion instructing the ~ to draw up an ordinance amending the existing ordinance so as to eliminate of a sewer deposit and refund the monies collected to date. I fxnd nothing the dOCuments submitted by Mrs. Jackson which would contradict the City's to eliminate this deposit, and I am unaware of any facts which would explain why not previously been done. Frank Kohl,, City Manager September 8. 1976 l~age Two In conclusion, it appears that the previous water and sewer bond resolutions ~dopted by the City require it to collect charges for the services and facilities of the com- bined water and sewer system, and revise them when necessary, so as always to provide funds ~o pay the cost of operation and maintenance of the system as well as a excess of the maximum annual debt service requirement on the out- bonds. As stated in Sec. 23A-6, the purpose for the deposit was to insure the of sewer service charges when they became due and provide a depository out funds might be taken if such charges became delinquent. Since our existing 2SA-? regarding collection of sewer service charges conforms with the City's ob- to collecl such charge under the exisiing bonding resolutions. I must conclude City may proceed to repeal existing Sec. 23A-6 imposing the sewer service de- charge. Furthermore, it would logically follow that the deposits presenfly on hand the City should be refunded to t~he appropriate individuals. ....~ . "-,~'~'~ "'"-L/,'% September 20, 1976 Fra~ Kohi, City ~{anager Re: Development of Golf View Itarbor Third Section by Milnor Corpora- tion Dear Frank: As ~ou will recall, in an attempt to arrive at solutions to the series of long standing problems associated with the above-referenced development, a meeting was held in my office on August 31, 1976. Those representatives of the iVIilnor Corporation (hereafter re- ferred to as "Developer") attending this meeting included l~Ir. Norman Michael, President, al~VIr"' William. 1~. Boose, attorney, and Mr. Daniel O'Brien, registered land surveyor. In dalt~on io ourselves, the representalives of the City included ~he City Planner, City En- gineer, Building Official and Utilities Director. Briefly, the issues requiring resolution in this matter may be generalized as follows: (a) What is the applicable zoning district within which the Developer may proceed with its contemplated development of the subject property? (]3) What procedure is the Developer to follow in attempting to secure approval of ~iis revised site plan and issuance of building permits? (c) Should the Developer be entitled to receive building permits, is it obligated to pay sewer and water connection charges at the time of the issuance of the permits? (d) In what manner shall the Developer proceed to complete those aspects of its development which were discussed at the aforesaid meeting and in ~our letters to the De- ve!oper of 6/15/76 and ?/2/?6? With respect to issue (a) above concerning the applicable zoning district of this vetopment0 it should be noted that the Developer and the City previously entered into a Stipulation and Agreement which xvas approved by the Palm Beach County Circuit Court in Case No. 72 C 193 on June 18, 1973 In essence, t~is Stipulation and Agreement provided that portions of the subject property would be zoned 2-2A, l~-3A and R-2 under the provi- sions of the City's prio~ zoning Ordinance 62-9 as amended. Further, the City agreed to Frank Kohl, City Manager September 20, 1976 Page Two issue building permits for construction on this property subject lo the Developer's securing site plan approval and such Other approvals required under the City's ordinances. No Cer- tificate of Occupancy was to be issued by the City as to buildings constructed on lands zoned R-2A until the Developer had "roughed in" a clubhouse lo be constructed for the Golf View PIarbour Estates PIomeowners Association, Ine. Finally, no co was to be issued as to buildings on land zoned R-3A until said clubhouse and an adjacent swimming pool had been completed gnd the fee simple title upon which such improvementa were located had been conveyed to the t~omeowners Association. Based on a review of the law pertinent to this issue, it is our opinion that the effec- tiveness of lhe zoning classifications made applicable to the subject property by the Court- approved Stipulation and Agreement would have continuing validity until such time as sub- stantial changed circumstances affecting the health, safety and general welfare of the citizenry warrant the application of different classifications. Those department heads attend- ing lhe meeting at my office of 8/31/76 unanimously indicated that such changed circum- Stances do nol exist with respect to ibis properly. Accordingly, it is our o zoning districts established un ..... pinion that the - uer ~ne terms of the Stipulation and Agreement should continue to be applied to this development. Further, those conditions set forth in the Stipulation and Agreement tying the issuance of building permits and certificates of occupancy to the con- haveStructi°nbeen°fmeta clubhouse, and pool and conveyance of property to the Homeowners Association In connection with issue (b) above, we have taken the position the Court-approved Stipulation and Agreement has limited effect of applying the zoning districts established under our prior zoning ordinance, 62-9 as amended, and the particular uses and building and site regulations provided therein. PIowever, the procedure to be followed in securing the City's approval of any plan of development shall be as prescribed in our existing zoning ordinance, 75-19 as amended. I have discussed this matter with attorney Boose and, to date, he has been unable to provide me with substantial legal authority to the effect that the City should follow the approval procedure set forth in the prior zoning ordinance. Therefore, barring our discovery of legal a ' ' utnor~ty to the contrary, the Developer should, as a prerequi- site lo the issuance of any building permits, submit its revised site plan to the Planning and Zoning Board for its recommendations, and subsequently to lhe City Council for z~nal approval. I believe thai the Developer has already complied with the first of these conditions in that the Planning and Zoning Board has recommended approval with certain conditions atiached. Regarding issue (c) above, it appears that the Developer will not be liable for lhe pay- ment of sewer connection fees in that such charges were waived under Paragraph VIII of the Agreement dated March 6, 1969, between the City and First Federal of Broward County and Norman J. Michael. I~owever, it is our opinion that lhe Developer should be obligated to pay the $125.00 charge per water connec~on pursuant to the terms of Ordinance ~72-24 as amended by Ordinance #?3-52 effective 10/30/73. Frank Kohl, City Manager September 20, 1976 Page Three As a result of the discussion at the 8/31./76 meeting in my office, issue (d) above has been tentatively resolved based on the following points of agreement: 1. Norman I%,~ichaet agreed to remove all street approaches and connections presently existing from previously abandoned municipal streets in the Golf View Harbor third section at lheir intersection points with Congress Avenue to insure that a motorist unfamiliar with the area will not mistake these previously vacated streets as usable rights-of-way. This would eliminate potential v~hiete collisions with excavated materials found in certain areas on the abandoned rights-of-way. This work will be completed at the time of issuance of the tirst three (3) building permits for this section of Golf View Harbor. 2. Removal of the existing road beds other than the Congress Avenue entryways as discussed in No. 1 above shall be undertaken by the Developer according to approved plans as building permits are issued for the third section of Golf View Harbor. 3. Installation of all storm sewers required in the tl~,ird section of the Golf View Har- bor plat shall be completed as each phase of the proposed development is permitted by the City. The storm sewer designed to run from the end of ]3ig Bass Watarway to the culvert at Congress Avenue shall be begun within one hundred twenty (120) days after the date of issuance of the first three (3) building permits and will be completed within sixiy (60) days of lhe date of commencemenl. 4. All water lines required to serve the subject development shall be installed as each phase of the development is permitted by the City. 5. The proposed pedestrian bridge linking Tract 3 south of LWDD Lateral No. 27 (Lazy Lake Water%ray) and Tract 4 located north of the lateral canal and south of S .W. 23rd Avenue (Golf Road) is to be restudied by the City administrative staff to ascertain whether this pedestrian link is still desirable. In addition, the staff will review the proposed water line loop system that was at one time proposed to be connected to the pedestrian bridge linking Tract 4 with the remaining tracts of the third section of this plat of Golf View Harbor, for an alternative which will accomplish the City Utility Department's water line loop objec- tives. If such review indicates that the water llne loop system must be tied to the bridge, the Developer wi]/ construct the bridge. 6. Sanitary sewers are to be installed as each development phase of the project is permitted by the City. As stated above, there will be no sewer hookup fees for any of the dwelling units proposed. 7. As previously stated, water hookup fees will be charged at the rate of $125.00 per dwelling unit hookup per the terms of Ordinance No. 72-24 as amended by Ordinance No. 73-52. ~Frank Ifohl, City 5~anager September 20, 1976 Page Four · 8. The townhouse site plan and related documents presently under review by the City Planner and Building Department shall be submitted to the Planning and Zoning Board for recommendation and City Council for approval. 9. An acceptable Surety or performance bond shall be provided by the Mi/nor Corpora- tion as it relates to the construction of public improvements lo be located in public rights-of- way involved in the third section of Golf View Harbor. 10. The l%~ilnor Corporation agrees to complete the public right-of-way improvements (ie. boulevard entrance ways) associated with the construction of S. W. 2?th Avenue and S. ~N. 25th Place as the development of the specific building phases abutting these public rights-of- way receive permits from the City. Ali such construction in public rights-of-way shall be under an acceptable surety or performance bond. RBR/s ncerely 0 ROBERT B. REED