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Minutes 06-01-76MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, JUNE 1, 1976 PRESENT Joe 'or Vice Mayor Ceum¢ilma~ Emily No Jackson, Councilwoman Norman F. Str~4, Counc~ Kohl, City Tereesa Padgett, Cmty Clerk Michael Smcdish, Asst. City Atty. amd called the meet~ everyone te arise at the and ~ P~edge of to the Flag Mayor Joseph F. Eack. Amneumceme~ts anmemnced that at a special meetimg on May 25, Jackson claimed she was meyer forwarde~ espies of from the City's Fiscal Agents, Wm. He referre~ to the first paragraph enPage 18 which proves that all the Coumcilmen a~d receive this eomm~ication. Kohl adde~ reeorde~ ~e~mced hw would be remiss if ~e did not pay to the Bicentenn~ial Committee mmder the O'Memrafor the excellent graveside set- Alse to Mr. '. Frank ~ amends for the invocatiom. He then read ~ ve~ ergamizat: He cerememies were finest he in ma~y years. It is noteworthy of being ~ub~ic record of Boynten Beach. ~ ~resent who wishedto a~y item on this; time a~d gi~e item is an~ when t will , the City Clerk May or July a proc~a~tien proctaimiag Jmae I~ thru America. MINUTES Regmlarcit~ Council Meeting -May 18. 1976 As per ~he usual procedure, Ma~or DeLeng starte~ om the right of the Chair for comments. MINU~ES - REGULAP CITY COUNCIL MEETING BOYNTON BEACI{, FLORIDA J~NE I , 1976 Mr. Zack passed. Mr. Harmening referred te Page 12, middle ef paragraph two- thirds the way 4own, where it says "contractor" or citizens, shouldrea4: "Cit~' er citizens. Nfs. Jacksem referred te Page 1 Me41en's aida is: Anme She memt Hr. eerre~t a~d stated the name of Hr. then referred te Page 8, which says Board ef AdJmst- the Pla~i~g & Zoming Board. A~j~stmemt. the bottom, per- caller to was a lot mnderstand what always en- themotion cerrectin~the first paragraph, fourth line ,00~o He then re£erre~ to en~ of first the ~hote City was 'Ds=ned- an8 Mayor DeLomg passed. Mrs. Jackson moved that the Minutes of May 18, 1976, ~e a~pr~ved as correcte~, seconded ~y Mr. Zaek. Motion car- ried 5-~. Special Cit~ ¢omncil Meeting- May 24. 197~ Hr. Zack and ~M~.. Harmeningpassed. Hrs. Jackson ref~rre~ to Page 2, ~Ithline up in first paragraph, should say: "1969 and 197]". She also referred te Page 3, which should say: "She wondered if this was a violation of the Sunshine Law" as it was aske4 as a question.. Mr. Strnad passed. Mr.' Zaek moved that the Minutem of the Special City Council Meeting ef May 2~, ]!976, be aa!epte~ as correcte~, seconded ~y Mrs. Jack, on. Motion carried 65] wit~Mr. Harmeni~g a~- tamnmng. -2- NINU~TES - REGULAR CITY COUNCIL MEETING JUNE 1, 1976 BOYNTON BEACH, FLORIDA Special City Council Meet~$ - Ma~ 28. 1976 Mr. Zac~, Nrc Narmening and Mrs. Jackson ~assed. Mr. Strnad referre~ te this meeting Bein~ called to honor the commitment to the Boca Raton Bank. He referred to the three Council members v~ting in favor of saving the .City $2,500, But Mrs. saying she wanted to Be consistent. He :d her vote and Mrs. Jackson informed him that she is votimg no with everything te do with this whole deal. Mrs° ried 4~1 with Mr. that the Ninutes of the Special Meeting of , seconded By Hr. Eacko Moti~ car- Harme~l~g abstaining. P~BLIC AUDIENCE Mr. Norris Freedma~ stated his name and his add-ems a~ 2515 N. E. 2md Court. He referred to a meeting Being hel~ se~al mon2hs age ~etweeu the Village Royale on the Gree~ Unit Owners and the pertaining to the situation at Village Royale; the factors Mr. Aramow s~ke about. Ne questioned ~what action was being taken on these particular issues. Mr. Kohl informed him that an investigation was made per Mr. Ara~ow's request. The report is Be. lng typed new and he Believes it will Be ready tomorrow at five o'clock. Also, there are two court cases ~oing en regarding this. M~. Ralph Hughes stated his name and hin address as 1110 N. W. 8th Cemrt. First of all, he apelogise~ to Mr. Kohl for getting a little hot last week. He told about wanting to Build a utility room in his back yard like his neighbor, But found out that his house was non-conforming, Mr. Kohl did inform ~lm that an ordinance was going to Be read tonight regarding this. His .house is only two years old and he ca,net do what his neighbor ~a~ done. He explained hew he thought this was very unrea, sonable. Mayor DeLong informed him that it was Being rectified. Mr. Jim '0'Meara stated his name and his ad~ress as 1351 $. W. 27th Avenue. He stated that he had a very pleasantLasdUtYtt° perform tonight and was pleased and proud te de it. he received in the maiI a communication from the He read the letter from the Director of the also a Bicentennial the He ~d that the reason the Committee was present t~night Co,ell. He then presented the communication to Mayer DeLong en Behalf of the Bicentennial Committee. M~yor DeLong gra- ci and thanked him ever so kindly. He ~ermed he give it to the City Manager te ~e hmmg im the hall with the rest of the celebrities. -3- MIN~E$ - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE l, 1976 BIDS O~e (1) Multiple Part Comti~mous Forms Burster Nr. Kohl imformed the ~eu~cit that 3:00 P. M. ~ E. Sultivam. of the posal and Ta~ this goes along with their on Tuesday, .Nay 25, 1976 at Purchasing Agent, Mrs. William recommends ae ceptamee in the ~mount of on file of the Tabulation Sheet, Pre- to same. ] checked ~1 Fun~s for this e. Nr. Zack mo~ed to accept the reoommendatie~ of the TaBulation committee to a¢¢~ bid from Tab eno Multiple Mr. seconded the motion. ~iscmssien. carried ~-G. POBLIC EEA~ING NONE At this time, M~yor DeLong apologized for an oversight on his part and announced that the City Attorney was .on vacation and introduced the Assistant City Attorney, Mr. Mike emedish, taking his place. Ordinances - 2nd Readin$ - PUBLIC NEARING Proposed Ordinance No. 76-15 - RE: Amending Ordinance 75-19 By 90-9~. ·.. 96-103.... 122-128 - Palm Beach Farms Mr. Smodish read propose~ Ordinance Ne. 76-15 By caption only. Mayor DeLong asked if anyone present wished to speak in favar of this ordinance and received no response. He the~ asked if anyone present wishe~ to speak in opposition and receivea ~o Mr. Harmening moved the adoption of Ordinance No. 76-15 en se¢omd and final reading, seconded by Mr. Zack. Ne discus- sion. Mrs. Padgett took a roll call vote as follows: Cou~cilmanHarmening - Aye ~euncilwomam Jackson - Aye Councilman Strmad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. -4- MINUTE~ . REGULA~ CITY CONNCIL ~ETING BOYNTON BEACH, FLORIDA JUNE 1, 1976 Ordinance Ne - RE: Amending Sections 6(B)(2)(h) A to Ctarify~ditioms Mr. SmodIsh read PreposedOr~inamee No. 7~-~16 by caption only. DeLeng asked if anyone present wished ts speak in favor red no response. He then aske~ if anyone im opposition amd received mo response. the adoption of propesed.Ordimance No. 76-16, Harmenimg.. No discUSsion. Mrs. Padgett took ~ call vote as follows: CemacilmamHarmeming _ Aye Ceuncilwomam Jackson - Aye COm~¢ilman Strnad - Aye Vice N~yor Zack - Aye Mayor DeLong - Aye Motion carrieH S-O. Emergency Ordimance NO. 76-20 - RE: Prohibiting Farmers, Flea and Thieves Markets i~ C-~ and C-4 Zo~$ Districts Before the ordinance referred to a simll~ instance She explained this fur- ther and referre~ to having advertised a public hearing and how this had a bearing on the court case. She moved to go ~hremgh the regular channels and have Ordinance No. 7~-20 read on first reading and strike the words emergency throughout the ordinance. Mayer DeLong informed her that this ha~ been given stmdy and the proper legal advice has been given and it can be read as am emergency ordinance and be passed with ne less than four votes. Mr. Kohl has given this ~sme study and it does not state anywhere that this particmtar ordinance mast be ad- vertised. He requested Mr. Kohl to read the article and sec- tion pertai~ing to this. Mr. Kohl read Sectiem 24, Page 23, and Section 25. tMayor DeLong then asked the City Attorney i~ a public adver- isement was needed? Ne adde~ that there would be a pmbtic hearing, the same as on the two previous ordinances. Mr. Bmodish replied that it was his mmderstanding that there was no requirement for publication. He has net looked into this personally, ~ut Mr. Reed informed him it comld be passe~ to- might if the Commcii so desires. ~s. Jackson read am article from h~ zoning folder regarding cases all ever the §mired States regarding the requirement for public hearimgs. She kmows they asked not to have the farmers market bmilt, but bellies they shonld ge through the proper channels. She moved to have this as a first reading in order ~e be protected im ~he future. -5- MINUTES - REGULAR CITY C0UNC~ MM. ETING BOYNTON BEACH, FLORIDA JUNE l, 1976 Mayor DeLeng informed her that he believed the Chair has the Luformation that wemld he sufficient to put this in as aa emergency will leave it up to the jmdgo~ent this read on first read,ag or go by the provisioms of the Cit~ Charter amd legal advice for ordinance. At least with first read/~g, it would be he doesn't believe anything can be done to Instrmctioms have been given not to issue a permit for the type of enterpris~ this ordinance pertains~te. Harmening stated that it seemed to him that speed was not necessary siuce peace, health er public safety was no~ l~volved also from Mrs. Jackson's reference, it may be advautageous emotions. It was forwarde~ as aa emergency e~inanee amd if the rest want to go along, the Chair will be agreeable. Mrs. Jackson referred to making the motion for this at the last meeting an4 she di~ not reguest a~ emergea¢y ordinance. he ~idn't kuow w~c decided this, but from el~m~-ate so-called flea markets, possi~ felt it was of am emergency nature. Manager has been available and the other memb.ers of the Cemn- oil have been available an~ this could have beeu brought to their attentiemby a memo. They don't like te be faced with Mrs. Jackson informed him that she ld~d think of writing a memo, but thought it weuid be considered polli~g the Council or a violation of the SUnshime law. Mayor DeLong disagreed and referred te sen~ing memos at all times, Mr. Zack referred te according to the ordinance, they are legally correct and.accordin~g, to the legal advisor, but he will a~c~pt it as first reading te go along with u~£ormity. Mayor DeLong requeste~ Mr. Smodish ~o rea~Ordinance No. ?6-20 on first reading in its entirety and advised that the gity Olerk weald have the proper advertisemen~ im thepDaper before the second reading~ Mr. Smedish ~ead proposed Ordinance No. 76-2~ ia its entirety on first reading. Mrs. Jackson moved the adoption of Ordinance No. 76-20 on first ireading, secouded by Mr. Zack. ~rs. Padgett informed the Council that people had requested to speak on this ordi- nance aud ~myor DeLeng informe~ these people te come back at -6- MINUTES - REGULAR CITY CODNGIL MEETING BOY~NTON BEACH, FLORIDA J~NE l, 1976 the second amd final reading. Mrs. Padgett pointed out that which will be a ~public hearing. There is no public hearing on the first reading of am erdin~ace. He is sorry: but the plans have beem switched. Nr. referred te it being am agenda item and if the speak, he personally sees no objection. Mayor ] re ~ ~hat it would ~jmst be going It is not their peli¢~ and they are ~ ;ompelled legally to have a public hearing on am ordinance He is ~ people who Be an ~ime to come favor. The Se rule %hat there 'is no necessity £or a~y reading Of ~ ordimamce on amy te the rml~g they.may de s~. stated she thought the people should come back ~he is not against this ordinance, something and having a law suit result. t~at to on previous issues. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strna~ - Aye Vice Mayor Eack Aye Mayor DeLeng Aye Motion carried 5-0. Ordinances - 1 st Readisg Proposed Ordinance No. 76-]8 - RE: Amending Section 5(A)~2)(a) A to ghange Minimum Side Yard Set Back Reguirements in R- Mr. gmodish read proposed Ordinance No. ?~-18 on first read- lng in its e~tirety. Mr. Strnad moved fo~ the adoption of Ordinance No. 76-~8 on first readir~g, seconded by Mr. Narmening. No discussion. Mrs. Padgett took a roll call vote as follows: -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACN, FLORIDA JU~E 1, 1976 Councilman Rarmening - Aye Goum¢ilwoma~ Jacksom - Aye COuncilman Strnad - Aye Vice Mayor Zack - Aye Mayor ~eLong - Aye Motion carried 5-0. Proposed Ordinance Ne. 76-I9- RE: Amending Appendix A to Add a New Sec~io~ 1t.1~ Entitled Nem-Comformt~ Uses ~ Etr~cturcn readd~go Ordinance No. 76-]~ im its entirety rome om the as fotlews: ~rdinance Ne. 76-1-9 om ~ Nrso , but am~ stated ~ ar el1 call Commie i1~ Strnad Sack Motiom carrle~ 5-0. - Aye - Aye - Aye ~esolutioms Propose~ Resolution No. 76-DD - RE: Vacating & Abandoning Utility Easememt Within Tract B of Charterworld Mr. Kohl requested that this be tabled. Mr. Rarmemimg moved to table Resolution Ne. 76-DD, seconded by Mr. Str~a~. Motto~ carrie~ 5-0. Proposed ResotuttonNo. 76-EE - RE: Vacating smd Abandoning aDrainage Easements en Lots 25 & 26, Gslf View Harbor (Reguest of ~. Nor~ Michael) Mr. Smodlsh read proposed Resolution No. 76-EE. Mayor DeLo~g questioned whether it would be appropriate to read into the record the Easement Gran~ and ~m. Smodish re- plied that Mr. Reed did. mention to him in connection with the previous reselut~om that was tabled and in connect~o~ hms rem~ution to remind ~he Council to consider accepting the proposed substitute. Mayor DeLong a~mounced the proper procedure would be to ~opt the resolution and make a recom- mendation to accept the recommendatiom of the City Attorney. -8- MIN~TE~ - REGULAR CITY COUNCIL ~EETtNG BOYNTON BEACH, FLORIDA JUNE 1, 1976 Mr. Harmening moved the adoption of Resolution No. 76-EE, seconded by Mr. 3trnad. Ne.discussion. Mrs. Padgett took a roll call vote as follows. Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Str~ad - Aye Vice Mayer Zack Aye Mayor DeLemg - Aye Motion carried 5-0. tO ef Ea~ememt. annomr~ced it would be appropriate now te read suggestion of the City Attorney relative easement. Mr. Kohl read the Declaration annommced that in accordance with the eommunlea- ~ 24, 1976, from the City Attorney, a motion would order fort he Cou~cll te accept the Declaration ~ment dated 2/~76 executed by Nerman J. ~¢hael an~ ElishkaE. Michael, h~s wife, substituting another ten ft. ~he abandoned ~rainage easement. Mrs. Jackson t .... ~gept the substitute easement as recommended hy ne Ol~y A~torney.from Norman J. Michael. Mr. Zack seconded the motiom. No discussion. Mrs. Padgett took a roll call Vote as fellows: Councllman Harmenimg? AYe Councilwoman Jackson - Aye Councllman Etrnad - Aye Vice Mayor Zac~ - Aye Mayor DeLeng - Aye Motlo~ carried 5-0. Prepose~ Resolution No. 6-76 - RE: Federal Aid an~ ~urwlvors, Insmrance Mayor De~omg $~ounced that Mr. Kohl ham a resolution to be adopted which has ~l~eady been voted en By this Council as members of the EGRWTB. Mr. Kohl read Resolution No. 6-76. Mr. moved theadoption of Resolution No. 6-76, sec, Mr. Strnad. No discussion. Mrs. Padgett took a roll call vote as follows: Geuncllman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad Aye Vice N~yor Zack [ Aye Mmyor DeLeng - Aye Motion caroled 5-0. -9- MINUTES - REGULAR GITY COUNCIL M~.RTING BOYNTON BEACH, FLORIDA JUNE l, 1976 Other ,Operations of Beats - ~eed ~ Wake Damage - Ceaneilwemn~ Jackson Nrs. Jackson stated that she has heard about the heats go~E up a~ ~ow~ the i~tracea~tal waterway. Bsynten Beach is eno of the .owns which does net have amy way of kee~ing the ' dowm. will net wake damage. She weml4 like the City te leek ~nd of law em the Books for the marine by. See Mi: 6/15/7 te Mrs. few up and like Outdeor andm~ Mr. Zack referred back tetthe problem on the iatracoastal the canals ~ North Drain- 't enforce Eo~ replie~ that she a ] the had any eon- time differ- ~ut the cities ~cause on the have Been of without BBt that i~ the District Datrol intr~aceastal in done bythe like the other cities. the on the The peo~le,wa~t~semethiug ;,have te Lmntema ~e not MINU~E$ - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 1, 1976 have erdinamces because the channel is so wide. Boymton Beach has the marrowest imtraceastal 'of ~any place. He told about his discussienswith the marine ~atrol amd also explaimed about the problems he had at his property. Ne referred to the damage being done a~d stated that the Army Cor~s efEmgi- hoers do mot control the speed. This ~oumcil has the power to pass an ordinance restricting the speed. It is true the sig~s are net legal. They must have perm~.~siem from the Army Emgimeers. He would like to submit tkis as ~ emergency mea- sure. asked how they could enforce it amd Mr. Cham~ler the marine patrol wants to e~force it, hut the does not have an ordinance. Mayer DeLeng stated tha~ no iectiomewhen they receive a reasonable request, attitude. He explained how he felt this was lo~ If passing am ordinance is all he ~oes not see any reason they ca~o~ go Chandler remarked that if a~yeme was wake law, it could only be the person going down making a large wake. that the Chair would accept a motion 0ityAttermey to draft an ordimance prohihiti~g ~ order to control speeding Beats en the No discussion. Motion carried 5-0. ~Mr. Zack referre~ hack te the water damage and asked about anals and Mra. Jaekse~ agreed that Mr. Kohl should investi- gate this. Mr. Eack so moved, seconded by Mrs. Jackson. ~-~yor DeLong asked if marine patrols were there amd Mr. Eack repli~d~ ne. Mr. Narmening referred te discUSsing this previ- ously amd he believes the police stated it would be am emforce- merit problem. They were not staffed proper~y. Mayor ~eLong Clarified that a motiem had Beem made and seconded to instruct the City Attorney to draft a similar or~t~ance to cover camals wtst Of t?w~. Under discussion,~Mrs. Jackson stated she thought i~ would me~a good idea to fimd 'out if something new has come was discussed previomsly and if there is a way Mr. Kohl may possibly find out frem the County. Mr. Zack stated that he was jmst informed that they de have an ordinance for canals amd waterways. M~. Kohl read the ordi- nancy. He pointed omt that the only enforcement was ~he B°Y~teu Beach Police Department. M~or DeLong ruled to recon- sider t~eir previousactien amd have the City ~ger notify the marine patrol that BoyntomBeach does have am ordinance and would like to have it enforee~. Mrs. Jackson mewed te -11- MINUTE~ - REG§LAR CITY CO~CIL MEETING BOYNTON BEACH, FLORIDA J~NE 1, 1976 to reconsider their previoms action insofar as the ordi~a~ce for ¢ on the waterways a~d ca~als i~ view of ~he fact ordin~ee on the boe~. , ~s. Jae~om said she wo~dere~ if they shoml~ f~d omt from ~he ~e patrol ~ a s~fic ~ed ~mit must be ~et. ~. re~ked ~hat from t~ rea~ ef the er~i~ee, it like it ~ertaim~ ls~ ~e~mg im ~ s~eifieatie~. Per~ it she~ ~e amen~e~ er they shoml~ eb~a~ ~he Oity Atte~ey,s at this time, they shoml~ resoled ordi~amee Because there the ~resent time. After re- is in order te amem~ the The C~a~ will the previo~ actiom ef ~structing :~ ord~ce te control trifle e~ Sack so meve~, se~m~e~ ~y hack. ~ounced a motion was i~ order to amend the relative to Boats on the intraceastal regulation of s~ed. Also, a m~tiem that y the ~ime ~trol. ~s. ~ moved~. ~. Erred stated that ~ f~ ~ he w~ with 2he ex~rlemce he h~ had with the ~e the wordimg they have ~ the e~i- there sh~l be If a beat causes a ~ witnessed by so~e of e~f~raea~le Re. expla~ed how some : at a slow s~e~. Re t~ , But needs enforcement. she believ~ the Gity Attormey ~. Ko~ ~formed them t4at he would , m~e ~tr~l ~d ~o~y is sufficiemt ~ if mo~, he announced a motion wac in or,er to ~truct the entact the Army Engi~eers to fim~ out if ~rdi~nce ~ sufficient ~ if not, come Back of what ~ necess~y to ~end. ~. Strnad , secemd~ By ~. Zack. Motion c~ried ~0. S~t~ of ~w S~ts - GO~eilw~m~ Jac~o~ ~em requested ~his be tabled ~til ~. Reed DeLong re~ke~ that he believe4 they had a report one to two months MINUTES - REGULAR CITY COUNCI~ MEETING BOYNTON BEACH, FLORIDA JUNE 1, 1976 Beach - Com~cilwomanJackson Mrs. Jaeksom referred tea piece which Boynten Beach did not have a deer for nor Ocea~ Ridge have a deed for. She moved te have a declaratory decree and go te court and have a judge decide who owns what. Mayor DeLemg replied that at the present time, even though the gentleman has not told him, the former mayor ef OceanRi~ge is making a determined stmdy. Nfs. Jackson stated that this has been studied by Ocean Ridge and has produced a deed. They shemld see a on this s ~ co.rt. ~ay~r they mad or ~ · ~ey may kave the ,O,,LD BUS ~S$ Ame~ntto Bnilding Code - M~¥or DeLem~ anneumced he had several items /~sofar as the a~d the Pl~ing and Zenimg Code. ~n reference te the Building Code, the Chair will recommend the .Bui~ng Cede be amended whereby these developers who have gen~ out of business er slowed down ~e required to se- cure the materials they have left on the development and he believes they should net be left for mere than six months. Ne believes the Bmilding Go~e states as long as the materials are piled~eatly it is s?fficiemt. He explained how some developers did not live in Florida and th~ hmrricane season is here and the ~eeple living may be faced with ne believes the cam do something lines. He believes the City should come te try to elimi- nate exist f~r the welfare of the people. Mayor DeLong then referred to reading the minutes of the Plan- baing& ~e.~in$ Bo.amd. It appears that the Zo~ln Oode e amended w~ereby all annexed property sh~ ~o~ should ply with the l~m*tations established by the Area Planning Beard. He 1/~es the people are in doub~ as to what they cam de. This was brought to his attention with the CogenAnnexation. He believes i~ should be specifie~ in the Plamnimg & Zonimg Code. Mr. Kelly informed himthat the Board woulg take it up at the next meeting or would Call a special meeting. Mayer DeLeng -13- MINUTES -~REGULAR CITY COUNCIL MEETING BOI~NTON BEACH, FLORIDA J~NE 1, 1976 recommended that the City adopt a policy to include this in the code as the Policy for the Pla~mimg & Zouimg Boar~ mem- bers. Ne sees there is confusion among the members smd hew they stud insofar as the County. It is not spelled out in Code. They are going to ~amend the to spell it out for the members of the Board. Mr. Kelly informed him that t~is : most welcome and he was sure the other members of the Mayor DeLong stated that he-thinks the ~ity Co~Ucil z take these necessary steps. Mayor He ~[e that the other erie i~ im the · there is a problem of abutting such as in Leismrevllle. A let of that m~ltiptes are b~ffers. How- multiples are entitled to some protec- does not believe a 5 ft. high walI or vegetative He thinks a 6 ft. wall would be better. it specific. he thoughtthe City Council should act em for the protection of the City: 1. down of materials left on developments 2. Code whereby Coumty is concerne~ with per acre a~d abide by Area Plamal~g BOard. 3. 6 ft. decorative masonry wall. c~. Z.a.c.k so move~, seconded by Mr, Harmeming, Nayor DeLe.rog ar~zied that it kad bee~ move~ and seconded that the B~l~- i~g Co~e be amended to prevent for a perie~ a~y lo~ger than six months, material remainf~g on a development where opera- tions have ceased a~ in that siX month period, material should ~ee~te in the immediate vicinity amended on beimg mum density in the eliminate put ~ ft. Mr. Strnad s it abuts the C~ty C-3. Mrs. follows: ; Zoning Code to be property~or parcels that are whereby we shall abide by the maxi- Plaguing Board; protective buffer Page ~8, Item 5, buffer and in its place wall. ~nder discussion, to ail C-3 zoning where and~ Mayor DeLeng replied where it Mr. Strnad asked if all over replied: yes, it will apply to all r~ll call vote on the motion as Councilman Earmeming - Aye Jackson - Aye Strnad - Aye Zack - Aye - Aye Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL ~.TING BOI~NTON BEACH, FLORIDA J~NE 1, 1976 SpecialAssessment for Paving N,W. 7th Ct. Etc. - TaDled Mr. Zack referred to their previems lemgt~y discmssion and he g~ ~he ~ p~ess~n tha~ the ~e~le ~d ~e~ s~em ~e c~e for i~. Ne moves to th~ from the ~emda, sece~e~ clarified t~t it ~ Beem m~e~ ~' ~6~ be s~rieken. Ne ~- 5-0. .Rel~est ef Pu~lic:~.~fen~ers _ Table4 Mr. a~d added that they Jacksom moved to defenders from the agenda, ~rrie4 5-0. Oi~yi~er~a. Report on pl~ for New 2nd Fleer Office- they are aware, the renovation of the It is his intent space as our present The clerical work amd office an~ the under the jmrisd±ction of the Bmilding five cities of comparable · D~lray Beach and West Palm · s under th~ direct smpervision ef the Worth it is under the City Trea- $or which is ac~embmme~' ~ position there it under the Fimanee Director. He feels for the License Inspector is im City ~ictiom an~ control of the is located two blocks te the License Inspector, his proposed plan II position to handle typimg, filisg th? City Council approves, the opening sitioa w~ll De posted on the Ball'tin ~ Rmtes and Regulations. He department should De has heem contemplating However, this had to be held in ~ity Hall. If City he will take the appro- the ~nder discussi$~, Mr. Harmeni~g to him that the City Clerk has done a he does~,t see any reasons to m~d~e MINUTES - REGULAR CITY GO~NCIL MEETING BOYNTON BEACH, FLORIDA J~NE 1, 19?6 amy changes im the way it has been hamdle?. Mrs. Padgett took a roll call vote on the motion as foll~ws: Comnc~lm~u Harmemi~g - No Commcilwema~ Jackson - Ne Ceumeilmam Etrnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 3-2. Cuthbert,s Churc~ referred 2o correspondence on file from St. Cuthbert's which is self-explanatory. He has discussed this with the Director, Mr. Charles Frederick, and.he recom- memds they do not accept this offer for use as a park or recrea- tion area for the following reasons: I. The lot size i~ only 25' wide and 1OO' deept and is positioned between homes, 2. Wilson Recreation Park is o~ly a block and $ half from this parcel, providimg adequate play- ground facilities. 3. The acquiring of such small parcels for park and recreatiom use results i~ intensive use of a small area, creating severe maimtenance pro- blems. 4. Proper design and equipping of such small parcels is difficult ~nd quite expensive. He concurs with Mr. Frederick's recommendations e~ this offer. ps. Jackson moved to instruct the City Manager t? send a otter to St. Cuthbert's advising they are Dot ~ei~m ta ~m- copt their offer, but appreciate it. ~Mr. Harme~se~o~ed the motion. No discmssion. Motion carried 5-0. Consider Nomination for te Palm Beach Comity M~uicipat Mrs. Jackson referred to the M~cipal League sending out letters for nomi~atiens and they only had people from two cities amswer an~ three are from the same city and ~hey do not feel it is right. Mr. Zack moved to nominate Mr. Norman Strnad to the A.P.B. Mrs. Jackson moved that carried 5-~. the nomi~atioms be closed. -16- Motion MINUTES - REGULAR CITY COUNCIL MEMTING BOYNTON BEACH, FLORIDA JUNE l, 1976 Mayor DeLeng amno~uced that a motion had been made to appoint Mr. Norma~$trna~ his ~ame forwarded to the Co~mty League ef Mrs. Jackson suggested that Mr. Kohl teleDheme them giving this information. Mayor DeLong ~eplied that they mmst have a' record. Nr. Kohl stated that he would de Both. Metio~ carrie~ 5-0. Consider Fomr Requests on Ref~ds & Exchange @ ~micipal Com. 1. 3. E~ward Demlon Mr. Kohl added the fo~rt~request amd advised that they were all approved. ~ Mrs. Jacksa~moved to ~ S trnad City. the funds, is 5-0. of the Ceme- $i~mey Siegel, , md The~a Griffin. Under discussion, Mr. charged 20% for getting that it was a~ adopted covers maimte~a~ce by %he time they p~rchased lets, cost 20% when applying for re- main.tek, see. Motiom carrled Approval of Bills Mr. Kohl read the following bills for approval: ~reatiou Dept. Pay funds 020-860 Ce~cil approved 5/4/76 6,540.00 Pe~zwalt ~-~hleride, Anhydrous Crystals Pay from budgeted f~ds 030-822.62 ,083.68 Russell &Axon 6858-4-III-0P Inv. #25 UP--ting Wastewater Treatment Facilities Pay from Utility GemeralFuud Authorization dated 11/~0/73 2,543.28 Russell &Axe~ 6858-$A-IZ-CP~ I~v. #25 South ~Central Regiomal Lift Stations & Force Mai~s Pay from Utility Gemeral Fumd Authorizatio~ d~ted 11/71/ 26,0~2.59 -17- MINUTES - REGULAR CITY COUNOIL MEETING BOt~NTON BEACH, FLORIDA JBNE l, 1976 5. Rmssell & Axem 7640-E-IZ Imv. #3 Emgineerimg Services for Solids Recovery 2,508.00 Pay from U~ility Gemeral Fmmd - Boymten Beach s~e Refmadable from fmture bom~ issues Autherizatio~ dated 2/5/76 Citizens Mlub - 2 weeks from Federal Revenme Sharimg Famd 020-888 , passed 5/15/73 96.00 Pay Ordinance Citizems Club - 2 weeks Revemue Sharing F~d 020-880 passed 5/15/75 90.00 Mr. Kohl meted that the bills described have been approve~ amd verified by the department heads involve~; checked amd approve~ for payment by the FimamceD'mrector$ f%mds are avail- able in their respective budgets. He recommends payment of these bills. Mr. Harmening moved to pay the bills, secomde~ by Mrs. Jackssm. No discussiom. Netiom carried 5-0. OTHER Mayor DeLemg amnounced he thought there was omc questiom which shemld ~e settled here this eveming. He referred te the ameuat ef momey beimg received om the grant from EPA, $352,000, an~ asked Mr. Oa~on ~ this momey was repayment percemtagewise for the momey which has beem spemt hy ~he City of Boymtom Beach a~ Delray Beach for their engimeerimg amd Mr. Oamom replied: yes. Mayor DeLeng comtiaued that it was reasonable to assume that each City wemld be reimbursed and that it wemld mot go into any Board accemat and Mr. Canom replied that he thought the Boar~ woul~ have to answer that. Mayor DeLeng stated if this City has spemt emgineering f~ds, which they are smpposed to ~e reimbursed for from the ~ederal Governmemt, that money is going to come back into the coffers of this City. Mrs. Jackson referre~ to Mayor DeLong,s remark at the begin- ming of she di~ write a~apotogy. Mayor that e did write a~ apology which was very ~. At the meetimg, she stated she did mo~ receive it. was half-hearted. MINUTE~ - REGULAR CITY GOUNCIL MEETING BOYNTON BEACH. FLORIDA JUNE 1, 1976 ~JOUNN~NT Mr. Strnad moved to adJomrn, seconded by Mrs. Jackson. Motion carried 5-0 and the mee~/ag was properlY adjourned at 9:45 ATTEST: CITY OF BOYNTON BEACH. FLORIDA ~-.~'~"// ~ Co. il Member Respectfully submitted, Suzanne Krmse Recerding Secretary (Three i, ape$) -19-