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Minutes 10-15-74MI~ITES OF RF~ULAR CiTY COUNCIL ~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, OCTOBER 15, 1974. PRESENT Joe DeLong, Mayor David RoBerts, Vice Mayor Forrest L. -Nallace, Coumcilman Edward F. Harmening, Councilman Norw~u F, Str~ad, Councilman Frank Kohl, City Manager Ernest Simon, City Attorney Tereesa Padgett, City Clerk Mayor DeL~ called the meeting to order at 7:30 P.M. amd asked all to rise for the i~vocation given by Rev. Louis Shields, St. John's United Methodist Church, followed by the Pledge of Allegiance led By Vice Mayor David Roberts. ~yor DeLeng recognized and complimented the activities of Mrs. history ef that City. He noted that Mrs. ~B~dhead had a boule- Yard named in her honor in Boca Raton. ~ouncements Mayor DeLong acknowledged a group in the audience who were present with the errone~ms~ belief that there was going to be $ hearing tonight on the subject of Lehigh-Portlaud Cement. He said the City did lose the case and there is a recommanda- tien by the City Attorney that the adverse decision to the City ef the Go~rt be appealed. He said this Council intended to appeal the case all the way to the Supreme Court if necessary. The Mayor announced that a roast beef dinner was being sponsored this Sund~v, October 20th, for the benefit of the family of Patrolman Kennedy who was killed in Delray Beach several weeks ago. The dinner will be sponsored by the VFW of Delray Beach, located on Second Avenue and Atlantic, beginning at 12:00 noon. May~r DeLong reminded the audience that one of the City's fire- man was to receive a State award on Wedmesday, October 16th. All City officials were invited to Jacksonville to take part in this event and the Mayor noted that he and Councilman Strnad wo~ld be present for the presentation. Mayor DeLong then invited those who wished to speak on items on the agenda to givetheir m~ames to the City Clerk to be called upon at the appropriate time. He said once the item was put to Council for discussion, there would be no further comment by ~uyone else. MI~U~TW.S Regular Meeti~ - October t, 1974 [~J Harmening referred to page 9, 4th line from the bottom, last word should be "Development" rather than 'Developing.- the - i - ' ~INUTES - REGULA~ CITY COUNCIL MEETING OCTOBER 15, 1974 BOYNTON BEACH, FLORIDA Mr. Wallace said he must refrain from voting since he was absent from the October 1st meeting due to a function at Forest Hill High School at which his presence was necessary. Mr. Wallace felt~the meeting was very worthwhile for the school itself ~nd l!000-1,200? parents were present which seemed to indicate an Important change in attitude toward the school system. Councilman Strn~d referred te page 1, third line from the bottom should be corrected -- ~... there will be a hearing~.." i~stead of "... there will be a reading..." On page 2, p~ra- graph 2, Mr. James 0'Mara -- should be corrected tc "Mr. James O~Meara.'' Mr. Strnad moved to accept the Minutes of October l, 1974 as corrected, seconded by N~. Harmening. No discussion. Notion carried 3-0, ~we abstentions as Mr. Roberts and Mr. Wallace were absent from that meeting. FJBLIC AUD~NCE Mr. Otto Deissig, 230 Country Lane, Pine Point Villas, was pleased to learn ef Council's plans te appeal the Lehigh case amd acknowledge~ there were a hundred Pine Point residents in the audience who pledged their support. The Mayor said that Opal BrJ~head would verify that no Council he has been on would ever let the people down. I~r. Harmening noted that the Council has been in dispute with Lehigh since approximately last April. Nfs. 0pal ~Br~dhead said many people have asked why she doesn't attend meetings in Boynton Beach and she felt that Mayor DeLong was doing a geed job. Mr. Simon Ryder, 2379 S.W. 13th Avenue, said Leisureville and other residents are very interested in the Lehigh matter. He had appeared before Council regarding beth the Rinker aud Lehigh affairs and felt in his experience a concrete plant didn't belong within the city limits due ~o the pollution problem. He was please~ that Council would bring this matter to the higher court. Mayor DeLeng said each Council member took the stand regarding the Lehigh matter and after a day in court, the verdict seemed evident. He said the City Attorney ~id a remarkable job and if he does the same job in the Appellate Court, there's no doubt the Judge's decision would be overturned, ~r. Andrew Jackie Belden of COBT askef for approval to hold festivities on Halloween night, to be held at the Wilson Municipal P~ol at ?:30 P,M. te ll:00 P.~. He said there was a tremendous - 2 - ~ ~ MINUTES - F~GULAR CITY COUNCIL ~EETING OCTOBER 15, 1974 BOYNTON BEACH, FLORIDA cutback of vandalism last year due to this type of affair. It was decided by Council to have Mr. Belden make such arrange- merits through the City Manager with the Ree_eatlon Director. ~. Belden then complained ef the lack cf black representation in the Boynton Beach Police Department which he felt caused a great communications gap and hindered law and order. Mayor DeLong noted that black police officers on the force have been elevated and it is very difficult te get other men of the black race te enlist i~ the Police Department. They do not have the qualifications and according to State requirements, the Oity cannot lower the barriers. Captai~ Hamilton agreed. Mr. Belden felt some serious problems would arise if something wasn't done te chamge this situation. The Mayor asked N.r. Belden to help find some recruits. Mr. Ko~ said the City has spent a great deal ef time and money trying to recruit black people for the Police Department but none come forward. Mayor DeLor~g again asked ~. Belden to be of help in this matter and ~r. Belden said he would lobby every Council meeting until something is done. Dr. Byron said he testified at two Council meetings ~ud before the Judge regarding the Lehigh-Portland Cement matter wished to knew if he sho~d say something tonight. The Mayer advised that a report was forthcoming from the City Attorney ~ud nothing Dr. Byron would say tonight would add anything to the case at this point. N~, Simon said he would like to speak with Dr. Byron later. Nrc Wallace moved to dispense with the regular order of business and move ahead te OLD BUSINESS, Item A, since the gentleman involve~ had to leave on ether business. ~. Roberts seconded. No discussion. Notion carried 5-0. OLD BUS i~I~SS Consider Purch, as,e, of Trucks (TABLED) ~r W~l_ace moved to take this item from the table, seconded by ~. Harmening. No ~iscussion. Notion carried 5-0. Mr. Kohlncted that his letter for the agenda had been written for the last meeting, but two Councilmen were absent and he read it as foiiews: "We have j~st learned that Inter~atienal~is on strike and I have ta~ked to Jack Jurney of Rich ~oters and he informe~ me that he did not know when the strike would be over. The bids were ~pened on March 25, l~?~ and the truck~ are not available now due tc the strike. Rowland Truck Company of Miami, who was awarded the bid for the Y_uter~atio~al truckscansupply t~ee (3) Ford trucks with apDroximately the same specifications that we asked for in the Internationals, The first truck eau be - 3 ~iINUT~ - REGUT_~R CITY COUNCIL NEETING OCTOBER 15, 1974 BOYNTON BEACH, FLORIDA delivered i~Lmediately, the second tr~ck in three to four weeks and the third truck at a later date. Accer~.ing to Page, 39, Section 64 of the Charter, the City Co~ucml may by $/5ths vote of all members declare the existence of an emergency and dispense with the publiciming ef an advertisement for bi~s as to such purchases. This amo~t far emergency as per Charter shall be less than $50,000.00 inasmuch as we have ordered three trucks in the amount of $62,037.00. I we~_ld like to declare au emergency for two of the trucks new smd eno later. This request is under the advice of Ernest Simon, O~r City Attorney.' To follow up en this, ~. Kohl said International is off strike new but they cannot furnish any trucks until February or March of next year. Mr, Wallace asked in regard to the money, what is the City giving up er gaining. Mr, Kohl said it has been determined that the International and Ford are very similar and the differences are small and the price is the same, It was noted this action was under the advice of the City Attorney. Mr, Roberts asked for what these trucks would be used and Kohl said rear leaders ~md the funds were carried ever from last year's budget as Mr. RobertS waS concerned about other emergencies in the City that might exist. The Mayor noted this matter needed a 4/Sths ve~? of the Councilmembers. Mr. Simon said the emergency that exists is that these trucks are very much needed vehicles far collecting garbage and trash. There is a dire need for these trucks and under the present circt~mstances the City would not get them until the beginning of next year. In view cf the emergency se stated by the City Attorney, Strnad moved to accept the City ~,Ianager's recommendation above. ~. Wallace seconded, it was noted this emergency has an effect on the health a~d' well'are sf the citizens of Bo3~nton Beach. Kohl said later on in the Agenda under A~'TN~T-W~LTi~-E he will ask for disposal of three garbage packers because each one has 300,000 miles and one burned up last year. Mr, Harmening pointed out this was not a new purchase but a change in specifications. The same vendor will be supplying the vehicles as in the ori$inal bid. This is or~ly a substitution of chassis. Motion carried 5-0. Mr. Wallace moved to revert back to the regular order of business. ~ir. Harmening seconded. No discussion. Motion carried 5-0. BIDS l_5tk,,.~ve~e Recreation Park ,De~eiopment Prejec~ Mr, Kohl said as directed by Council at the Regular Meeting ef September 17, 1974, the City re-bid the above item. This was ~one NINUTES - REGUI~&~ CITY COUNCIL ~W. TING OCTOBER 15, 1974 BOYNTON BEACH, FLORIDA and the bids were opened in the office of the City's Purchasing Agen~ on October 8, 1974 at 2:80 P.N. Attached to the Citer Nanager's letter for the Agenda was the Tabulation Sheet, Affidavit and Proposal Form signed by Den's Tr~eking. The Tabulation Committee recommends acceptance of low bid from Den's Trucking in the amount of ~56,551.35. Funds are available im the Operating Capital Improvement Fund, ~,000=08 appropriated, ~13~551.80 u~appropriated funds. Mr. Eehl concurred with the recommendation of the Tabulation Committee. Nr. Kohl pointed out that Den's Trucki~ came in with a very low bid las~ time and then apologize~ and withdrew. Mr, Kohl felt the Cit~y was within its legal rights te accept the bid now. Nayor DeLc~g noted that this bid was still un, er the second lowest ~id that was submitted earlier. Nr. Simon said it was all right tc accept this bid as long as Council was aware Den's Trucking was back in the bidding, Others had an equal opportunity te bid. ~. Harmeni~ moved to accept the City Nanager's recommendation in line with that of the Tabulation Committee and award the bid te Den's Trucking in the amount of $56,551.3%. He noted that the completion time was 75 days versus 180 days for the high bidder. ~r. Wallace seconded. No discussion, ~otion carried 5-0. Haw.Water Eain~ev~~ - 1-95 Right off,ay ~r. Kohl noted correspondence before Council from Russell & Axon, as well as the Tabulation Sheet s_~d Affidavit on this matter. These bids were opened in the office of the City's Purchasing Agent on October 3, 1974 at ll:00 A.N. Russell & Axon recommends acceptance of low bid from Hardrives of Delray, Inc. in the amount of $18,995.0~ and stipulating completion of the project by December. [~r. Kohl concurred with the recommendation of Russell & Axon. It was noted the City did not get a refund on this. Nr. Harmen~ng moved to acceot above, seconded by ~r. Strn~d. 5-0. the City ~nager's recommendation ~ - No discussion. £~otzon carried PD~LIC HEARING - 8:00 P.~. OrdiD~ances - 2nd R.e.~ding - PUBLIC HE~RING Prooosed Ord. No. 74-17 - Re: Construction Within Cit-y's Rights -5- MINUTES - REGUI~R CIT~ COUNCIL ~ETIN{* BOYNTON BEACH, FLORIDA OCTOBER 15, 1974 Ne. Simon read Ordinance No. 74-17 on secon~ reading by caption only. Nayor DeLOnE asked if anyone in the audience wished to speak in favor ef or against this ordi~aneeo No reply, Nr. Harmening moved for the adcDtion cf Ordinance No. 74-17 on se¢on~ and final readz~g. M~. Strnad seconded. No discussion. Mrs. Padgett called the roll as follows: Ceunc ilm~n H~rmening - Aye Vice ~iayor Roberts - Aye C c~uoil~ S trnad - Aye Coune,5 "Tw4an ~ai!a¢~ Aye Nayor DeLcng - Aye ~iotion earr_ed 5-0, Proposed Ord. Ne, 74-35 - Re: Amending Sec, 61 of the Charter - Ch_~f. of Police Attendance @ Co~unc.il ~eetir~s 51r. Simon read Ordins~ce No. 74-35 on second reading by caption only. Nayer DeLeng asked if anyone in the audience wished to speak in favor o~ er against this ordinance. No reply. ~r, Harmening moved for the adoption of Ordinance No. 74-35 om second a~d final readi~. ~. Wallace seconde~. No discussion. Nrs, Pa~gett called the roll as follows, Councilman Harmening - Aye Vice Mayor Roberts - Aye Councilman Strnad - Aye Couneilman Wallace - Aye Mayor DeLong - Aye Notion c~rried 5-0, ~O~rdinances..- 1st R~ea. din~ Proposed Ord, No. 74-36 - Re: Declaration of Intent to Annex (He~bert.%nsen~ssoc,.) -. ~. Simon rea~ the above Ordinance Lu its entirety on first reading. Mr, ~allace moved for the adoption of Ordinance No. 74-36 on first reading, seconded by Nr. Harmeni~g. Ne discussion. ~s. Padgett called the roll as follows: Councitm~ Ha~mening Aye Vice Mayor RobertS Aye Councilman Strnad - Aye Coun¢ilmau Wallace Aye Nayor DeLo~g Aye Notion carried 5-0, -6- ~ · NINUTES - ~GU~_~_~R CITY C0~CiL ~[EPTING OCTOBER 15, 1974 BOY~N BEACH, FLORIDA Proposed Ordinance No. 74-37 - Re: Amendment to Ord. 69-33 ~axi Ra~teS --- . ~ Simon read the above Ordinance on first reading in its entire~. ~. Harmening moved for the adoption of Ordinance No. 7~-37 on first reading, seconded by ~. ~trnad. Un, er discussion, ~, Wallace asked for clarification that it be understood by setting of the taxicab rates in this manner, this is simply a base rate and anyone who wants to operate a cab at a lower rate would be permitted te de so if they so desired. Simon concurred. Nrs. Padgett called the r~ll as fellows: Couneilm~u Harmening Vice ~Iayor Roberts Connoilman Strnad Couneilm~n Wallace Nayor DeLong Notion c~rried ~-0. Res o_l~utiens Proposed Resolution No. 74-k~{ - Re: Abandonment of Certain ~ti.~Easement~, Block ~6~ ~Ot_~hSection/Boynton West Dev. ~Ir. Simon read the above Resolution in its entirety. B~r. £t~nad move~ for the ~deption of Resolution No. ?4-I{K, seconded by ~* Harmening. No discussion. ~. Padgett called the roll as follows: Councilman Harmening Vice I~ayor Roberts Councilman Strnad Councilman Wallace ~yor DeLeng ~ot_on carried ~-0. Aye Aye Aye Aye Other ~. Simon asked for clarification from Council as to the ms~ner to proceed regarding Lehigh as there are two approaches. One ~ ~z~ for a Notion for Re-Hearzn~o The other is to simply file an Appeal to the 4th District Court of Appeals. If the Cou~t denies, a Notion for.Re-Hearin~ then there is a 30-day perzod to.fzle .an Appeal zn the 4th District Court of Aopeals and ~. S~mon washed to have Council instruct him accordingly. ~. Roberts felt in his experience that a request for a re-hearing was a wasted effort and that it would be more advisable to go directly to an Appeal. ~. Simon said one of the poLnts he had in mind about the Notion for Re-Hearing was with regard to the Court's comment dealing with the processing of the application. The Court made reference to approval by ~he Technical Review -7 ~INUTES - P~EGDT_AR CITY COUNCIL NEETING OCTOBER 15, 1974 BOYNTON BEACH, FLORIDA Board and Community Appearance Board s~d stated that having received those approvals, Lehigh would thereby be entitled to a building permit. ~r. Simon felt if the Court recognizes the requirements passed through these ~wo boards or panels, then the Court must necessari/~¥ recognise the need from that point te go through the Placating & Zoning Beard a~d the City Council. Nr. Simon felt by geing through the Cire~t Court again for clarification, it might be useful for the Appeal te go to the Appellate Ceurt with an understanding ef these steps. M~. Roberts asked where this puts the City as far as building permits. Nr, Simo~ said in conjunction with filin~ either a Notion for Re-Hearing er an Appeal, the Gi%~~ would also want to file a Netio~ asking the Cou~t to s~ay the execution ef the judgment pend~ the Appeal er Notion. It was no~e~ that the Judge verbally staye~ the execution of judgment for ten ~ays. ~. Simon said ' · Lehigh s oeunsei has indicated that if the City dees fellow this course, while the law provides that a supersedeas bond will not ~e required ordina~ily, they intend to ask the Court to require the Ci%~y of Boyntom Beach to post a supersedeas bend which can be rather sizeable under the circu~st~lees. ~ir. Strnad moved to authorize the City Attorney to proceed with a Notion for Re-Hearing, seconded by Nr. Harmeni~g, who clarified that this was iuregs~rd to the L~Aigh case. No f~rther ~iscussion. Notien carried 5-0. Nr. Simon pointed out with regard tc the Appeal itself, if the City decides to.ge ahead, there are no fees for the Attorney under the present arrangement. However, there are substantial costs involved, particularly in such a trial lasting several days where a transcript of the preceedings is required. He felt this would involve several thousand dollars and Ceuncil should be aware of same. Mayor DeLong felt these costs would be small in comparison ~o a victory and Council realizes such costs would have to be incurred. F~. Harmeni~g moved to direct the City Attorney te proceed with an Appeal in the event the Notion for Re-Hearing is denied. Such an Appeal would be directed to the 4th District Court of Appeal, Nr. Reberts seconded. Under discussion, 5~Lv. Wallace clarified with ~r, Simon ~hat Council has considered the matter of cests~ ~ayer DeLong felt it should be included that later en the City will pay the bill. Mstion c~rried 5-0, Referring to the recent order entered in the Giordane ease, ~r. Simen noted that the Plaintiff's Petition for Re-Hearing and Plaintiff's Plea for Relief from the Order dismissi~ the case has been denied by the Circuit Co~t. The matter has been put to rest u~less the Plaintiff chooses tc appeal that Order to the 4th District Court of Appeal. NtNUTES - REGULAR CITY COUNCIL NEETING OCTOBER 15, 1974 BOYNTON BEACH, FLORIDA Status Report of R~hrbaugh Law Suit ~Ar~ Kohl read his memo to Nr, Simon of October 8, 1974, re- questing an answer for tonight's meeting. He then read Mr. Simon's answer ef 0etcher 9, 1974 as follows: "As I have previously advised, these issues were determined in finality by the Courts, In its Opinion filed Narch 29, 1974, the Fourth District Court of Appeal reversed the Circuit Court with directions that a Final Judgment be e~tered for the Defendants. Pursuant thereto, the Final Judgment for Defendants was entered in the Circuit Court en July 10, 197~, With the issues having thus been resolved by the Courts, the City is ~o~nd by the Courts' r-~lings, and the City is not authorized te reverse or supersede those decisions. If I can be of any further assistance in this matter, please let me know," ~rso Loyal Rorhbaugh, 2857 S.E. 1st Place, Boynton Beach, said she did not ask for a clarification of her legal statms, but wished to know what the City intends to do about an RIAA residential parcel that has been put to commercial use. N~r. Simon said the ~ame RiAA parcel is one an~ the same that went before the Court and there was some lengthy discussion regarding the details of this case. Nr, Simon explained that the 5-0 vote of Council previously in office meant something only until the 4th District Court reversed Judge Downey's judgment. Once it was reversed, they said that the NedioalArts Center had established its vested rights and the City,as estopped from denying the use of the parking lot. ~iayer DeLong asked for the position of this Council insofar as the previews action ~aken and must the ruling be followed as per Nr. Simon's memo to ~%r, Kohl, Mr. Simon said the City of Bo~nton BeachV'~was a party to this lawsuit. The mandate of the Court reaches out to this City and the City is bound by the fin~l judgment. This City may net reverse nor supersede nor ignore the 4th District Court of Appeal because they rendered the opinion amd the final judgment on that opinion was entere~by the Circuit Court, If the City does something to reverse that, it is in contempt of the Circuit Court. ~Lr~ Simon felt the time had lapsed for the Rohrbaughs to take the matter to a higher court. In view of the opinion and final judgment, the City cannot take any action. There was some further discussion between Nra. Rohrbaugh amd ~r. Simon concerning a supersed&as bon~ and other issues concerning this case, much of which had transpired during the time of the previous City Attoraey, 5~r', Gene Neore. ~r. Loyal Rohrbaugh then came forward ~nd com~aented on the zoning laws within the City, He felt that Council should have some say over the Court with regard to a parking lot en R1kt zoning. ~r. Simon explained that Medical Arts had established -9- NINUTES - ~EGULA_~ CITY COUNCIL }~ETING OCTOBER 15, 1974 BOYNTON BEACH, FLORIDA vested rights, notwithstanding RL~A, The Court ruled that there was a vested right and that the interpretation of that Ordinsmce applying the l~rger to the smaller, etc. were the items the Court ruled upon, regardless of what the City Council would like te de. Nr. Simon said he was not taking sides, interpreting the law to Council ~ud renderi~ a legaleopinion. After some further discussion, Mr. Roberts noted that the City has many cases that go ~o Court and once the Court decides, it makes ne difference whatsoever because the Courts have the final say, ~, Rohrbaugh felt this was discriminatienand Nr. Simon disagreed. ~r.- Roberts moved te accept the legal opinion ef the City Attorney in the Rok~baugh ease. Nr. ~allace seeonded. Ne discussion. Notion carried ~ayor DeLong noted that the former reporter for the newspaper covering the Ce~ncil meetings, Nar!eno Passell , has been replaced by Betty Porter from the Palm Beach Times. Nr. Roberts asked'about the status of the manexatien bill with the State legislate. Nr, Simon said the annexation bill passed but there is a question as to whether er net it affects the right of this or any other City te proceed ~der a special ac~ er charter. In view of the language which is filled with ambiguity and conflicting p~v~sions in that statute, a number of City Atterneys are awaiting copies of the opinion from Talahassee which I~. Simon had also requested. ~, Roberts noted the City has Been tryi~ to get the Charter c~nged for several years regarding ~he 25 names who may request a referendum in regard te annexation. He would like to see the Council take some steps to change this at the next general election held en the ~f~ Tuesday in December, which will require a~ ordinance. First it would have to be decided how many names would be required, ere., but Nr. Roberts said he would like to see the Gity move along en that basis. Er. Simon said thc ~pe~ provi~i~msin the City's ~un~xation procedure as spelled out in the Charter are by special act, not by ordinance ~er home r~e. Because of the uncertainties resulting over the recent annexation bill passed in the last legislature, there is some questi~ in the Attorney General's office ~s to the application to the City's special acts. Until that ~uestion is cleared ~p, Nr. Simon strongly urged that the City n6t tamper with er oha~ge by ordinance the annexation procedure presently in effect by special act, OLD BT~S I~S Reconsider Request ef b~. Sherwood Alexander Jones - Re: Occuoation~l~vicens~e for Used Car Lo~ ~r. Kohl said he had apprised Council of all the information he had at ~th~% meeting and ~. Jones asked to be present again. ~vor DeL, o~ recalled that two actions had been taken on this matter -- one action to deny and then an opportunity was extended - l0 - MINUTES - REGU~ CITY COUNCIL ~ETING OCTOBER 15, 1974 BOTNTON BEACH, FLORIDA to the Councilmembers asking if they wished to reconsider their action a~d they did not. it was felt that the only action to be taken tonight would be to call for a reconsideration of previous action ~nd Mr. Simen concurred with the proviso that everyone be alerted as to the reason for the Council's determination, Based on the information presented to Council, Mr, Wallace moved to reconsider the application for s~u occupational license for a used ear lot requested by ~. Sherwood Alexander Jones ~t was previeusly denied. Mr. Harmening seconded. ~. ROberts said he was not in favor of recensideriD~ the action but would be in favor of allowing~Lr, Jones' representative to ~p~ak. After some discussion as to procedure, ~otion earried ~,: Mr, Roberts opposed. 5~r;~ Kohl rea~ his letter for the Agenda dated September 17,1974 regarding this request (copy attached), ~ir, Joseph Tcmberg, Attorney, represent~ Nr. Jones came forward. He said 55r. Jones has a lease on a piece of property which is properly zoned and paved which complies with all of the ~ity ordinances and requirements for the operation of a used car let, ~.&r. Tomb~g felt there was no reason for~Lr, Jones te be denmed, Notzng the City has a ~iscretion, Mr. Tomberg said this is no~ an arbitrary ~iseretien and he felt the law was very clear and Council could net arbitrarily say where Mr, Jones could or could not have hisuused car lot. He then referred to the items mentioned in~r, Kohl's letter. Mr; Tomberg said if Council decides not to grant the application, he felt ~. Jomes was entitled to know the basis cf the rejection ~nd this is the real purpese of this re-hearing. ~. Tomberg then reviewed the business backgroun~ smd present circumstances ef ~. Jones and. he could see no reason why i~r, Jones ~id net qualify under the City ~r~inauce. Mr~ Wallace felt ~. Jones was aware of what has been stated by the City's license inspector and he aske~ in light of what was listed in Nr. Kohl's letter if Mr. Jones' license has ever been lifted f~r violation of any code in the City of Delray. M~r~' Tomberg said the license has never ~eem lifte~ nor has he been required to turn his license in so he couldn't operate. This is not sayi~ there has never been violations. D~. Tomberg said he has a current license right now, ~. Wallace moved that the application be granted. Notion died for lack of a second. ~. Strnad moved that the application be denied. ~; Harmening seconded. Under discussion, F~, Harmening felt that the issu~uace of a license for a used ear lot in this location would result in a possible traffic hazard, fire hazard in view of the use of combustible materials, danger to children and the general public. Nr. Harmening felt that some of these automobiles were in very poor mechanical condition, thereby c~eatzng pollution, He felt this would be contrary to the public interests. ~ NINUTES - REGULAR Ci~ COUNCIL I~EETING OCTOBER 15, 1974 BOYNTON BEACH, FLORIDA 5~. Roberts questioned why Nr. Jones didn't sts~v in Delray, He went along with the reasons already given and felt this operation eouid be detrimental te the health, safety a~u~ general welfare of the ~rea and community which wouli be a reason for denying this. ~. Strnad noted that Er. Jones had stated he had all kinds of trouble with break-ins, v~dalism, etc., having to call the Police Department on numerous occasions, etc. and he felt the same things would happen in Boynton as in Delray. He felt it weul~ be an additional b~rden on U,S. i ~o have another b~iness of that %%~pe there a~d he was against creating a Coney Island atmospherej Mr. Wallace said he didn't like some of the things which he read, however, he felt that equal opportunity sh,mld be taken into coD~ideration and the things which happen~dto Nr. Jones in Delray shouldn't be held against him. He felt it should be up te the individual to sell the cars he cheeses. As far as the area being abominable, ~fr. ~allaee referred to a shopping area which the City has tried to clear up for five years smd there were several things which don't ring true in some instances. ~r. Wallace neted that he _had voted against this two meetir~s ago and he had based his decision on the fact that it was not signed by the department head within the City. However, in checking further, he felt the given reasons were immaterial and if the l~tand zoning were there, the City should not deny~his application. ~. DeLong said for m~ny years he has been a strong advocate wherever there was a used car lot, the permit would enly be granted if it was under cover. He felt there was no need for a Commuui~yAppearance Board ~f the Citywas to continue with a honky tonk atmosphere~ Nayor DeLong felt this wo~d constitute an objectional nuisance and is detrimental to the general welfare of the community. Nr. Roberts said in view of the existing situation on Route !, it doesn't mean the Cit~ should add te ~. I~Lr. Wallace agreed, but felt it was a nebulous thing that Council was basing its decision on, He felt the city should be beautified but in line with what was presently on the books, this is what should be abided by. The motion was repeated -- to reject the application by ~. Jones for an eccupationa! license for a used car let. Notion carried 4-1, ~Lr. V¢allace opposed. There was some discussion between Council and b~, Jones who tried to speak smd it ~s felt that nothing could be said to alter Council's decision. After some further attempts by N~. Jones te speak, he was ruled cut of order. Traffic L~O.ld Boynton Read emd Cen~ Regarding turn signals at the above location which would have 12 - ~iNUTES - RI~GD~r-~R CITY COUNCIL ~EETING OCTOBF~R 15, 1974 BOYNTON Bw-~CH, F/~0RIDA cost the City~13,000, Nrc Kohl advised that the County would be moving a light from Belvedere and Military Trail and install it at 01d Boynten Road and Co,greys for ~6,000. It was noted this was the original request ef Mr. ~allace and ~. Kohl requested Council's approval if this was their wishes. ~%r. Wallace move8 to follow the City Manager's recommendation ~_~d obtain the traffic light, with clarification that the money was available. ~,_~. Roberts seconded for discussion. Under discussion, ~r. Kohl clarified the location and sai~ this would be a new iustallation with signals, etc. Regardi~ 23rd Avenue and Federal Highway, the City is oraly waiting to remove the ~tilities that are in the right ef way s~ud ~. Kohl has a letter on that from Florida Power & Light stating that it would take abo~t six weeks. On the s~bject of traffic lights, ~. Harmening ss. id he would like t~.see the City's lights synchronized to avoid' getting stop,ed at every corner ~d Er. Kohl said he's been working on this. Notion carried ADMIN!S T~RATi~ ~eeuest D~spos~! Of 3 Garbage Packers ~h% Kohl recommended selling the three old 1970 COF 190 I~ternationals with 30 c~.bic yard EZ Pack Body. They are all in poor condition and ~r. Kohl felt the City should sell them as soon as possible. Listed below are the trucks' serial n~bers and their locations: ~ 1970 COt 190 -231912G413764 #7 t970 C0F 190 231912G413787 #9 1970 COF 190 21~912G~12778 City Shop City Shop Junked at Landfill These tr~cks all have 300,000 miles plus take major overhauls to out them Lu good of thousands of dollars.- on them. It condition at a cost ~. Kohl requested permission to advertise these trucks for sale and sealed bids to be received for same and if Council concurs, he will ask the City's ~s. rchasing Agent, 5~. Sullivan, to proceed. ~r. ~tallace moved to follow the City I~nager's recommendation sfoove~~ for discussion~ ~. Harmening seconded. ~r. Wallace asked if there was ~uy adva~utage to the City in keeping one of these trucks. It was stated that the City has thought about this ~ud has been keeping these trucks under bolts ~ud wire amd ~t one was heI~ for emergency when new ~ e~u_pment was purchased last year. ~gm. Kohl said it was hoped to get rid of the ti-mae trucks in question and this was the plauwhen the City went out for bid, Motion carried 5-0. - 13 - ~INUT~ - REGUI~_~ CIT~ COU-~CIL METING 0CTOB~RW. 15, 1974 BOYNTOM BEAvH, FLOR~A D_~cu~s rarce_~ o_ ~ Land in Ocean ~id~e, ~iaycr DeLong noted that k~r. Warren::' went on vacation and everything ~ ' ,_s all set up w~_th the Coun%~ and representatives ~y Counc~! have to appear there, ~r. Kohl then read the Inter-Office Communication of Palm Beach Oounty dated October 4, 1974 to Don Kohl, Assistant to Cou~tyAdministrator from George V. ~arren, Commissioner, re: 55Acre County Land Request for Contributing to Boynton B~ach for Park (copy attached). ~ayor DeLong said in discussion, it has not been pinne~ down ether tha~ as desirable Ci%~~ .park property to be reserved for pesteri%y. The~City's claim ms that years ago this City had twenty acres in the same leea!it~y earmarked for public improve- merits and the City is going to receive this 55 acres. The Czty _s ngw submitting a ~r~os~p~ectus w~v'ch shews ~enty aeres for m~uiei~al pu3~p~$~s~ a~ 3D acres zor park areas, ~r. Kohl ce_~ourred: ~r. Neti~g asked for Council s permission to proceed, by giving Ocean Ridge 75 feet to the north o~v ~heLr' ' Oi%~y Hall -- ~c~ually the tramsfer is to the Ooun%7 who will in turn give it %0 Ocean Ridge. It also necessitats a oz z~o~ ~nezr ~z~- Hall. He sazd ~ro Szmen would h~ve to go over this, but the City is al~o demanding a Quit Claim - DeedlocatedCl~zm_,ng. to own proper~ up where the~ w~s previously ~r. Wallace noted that there were many problems between the con~uni%ies long before this Council was in office and if this can be ironed ~ut smmiably between the two communities, he felt the City~ should not be coming cut on the short end, especially in view of the real estate value. lf~ Roberts was confused in that he thought that Ocean Ridge would accept title to their land and in return ~he City might be able to get some additional land for a parking space at the beach. He asked what bearing the section of 55 acres near C~ngress had on 0cern Ridge's request v · ora clear title. Hayer DeLong and 5~. Roberts disc%~ssd this matter at some length and the ~Iayor said he was concerned that unless some parking area was provided, the C~ty s beach parking area would be destroyed to accommodate everyone from~e County for the purpose of putting up some picnic tables. Dir. Strnad said he's been fighting to sez= ' the piece of property somth of the ir&et for the past fora3 years and Ocean Ridge has not relented one bit. To avoid cor~usion, Mayor DeLong asked Cou~cii if they w~uted the 55 acres to the so-~h on Congress Avenue, adjacent to the vocational school, where the City D~s some future plans 14- NiI~JTES - ~G~LAR CITY C0%q~CIL ~EETING OCTOBER 15, 1974 BOTNTON BEACH, FLORIDA for public improvements for the City of Boynton Beach. ~ayor DeLong said this was bro-oght up about a year ago and he thc~ht this w~s a geed b~~ for the small amount ef land the Oil7 would give te Ocean Ridge, which he then reviewed. Discussion then e~sued with .~, Strnad regard~ the method involved Lu obtaining this l~udo ~r, ?[a!!ace said this would be the last opportunity to acquire the land on Congress Avenue beosz~se it's already in negotiations with one of the ts= oriented support~ institutions, for such use as a truck storage yard, eta. Council discussed the various reasons why it would be beneficial to acquire this land. ~. Harmening felt it wo~ftd be worthwhile to continue nsgotiations. Nr. Roberts didn't see how the Co~3~uty should be i~_avolved in Ocean Ridge. After some further discussion, Nr. Roberts asked when ~_~. Yaryan had te have au aD, war en this and it was noted that the County has its meetLug eve~ Tuesday. Council discussed the parking problem at the beach at length, including what portion v~s the responsibility of the Co%uuty. ~Y Eallace didn't feel parkir~% was the main issue a~d it should be decided what to do about the 55 acres under considera- tion. ~. ~al!ace moved to or~ceed with the negotiation as stated regarding a swap of l~nd north of the present Town Hall of Ocsa~u Ridge and a Qnit Claim Deed on the small oarcel to the ~euth and in return a ~uit Claim Deed f~ Ocea~ Ridge for · he location where the Casino used to be at the top of the ridge. }~. Harmening seccaded, Mayer DeLong said this would all have to take place through lsgal procedures with repre- sentation by the City Attorney. ~. Wallace noted that it would always have to come back to Courts, oil for final adootion and aftew ~ea_rning what-all ~he problems are, an-~ntell~ ant decision cs~u be made, ~r. Simon asked if the reference to the Cit~ of Boyntom Beach was clear in the title. ~. Simon said he would be a little concez~ned abo~t the obligation of clearing the title. He was in favor of the Quit Claim Dasd. The ~ayer said ~r. Simon would have to appear before the County Commission when this matter is negotiated further. After same discussion between I~_~. Wallace and ~. Simon, ~lr. Kohl advised ~hat at the meeting it was mentioned by the Mayor of Ocean Ridge and the City ~anager of 0oes_u Ridge that all they w~nted was a Qui~ Claim Dee~. ~r. Roberts questioned a provision in the CD. after about giwLug ui? City-or, ned land. ~k-. Simon said there were some provisions w~-th regard to the sale of property, however, this was a swap~ between goverr~utal agencies. Notion carried 4-1, ~o Strnad opposed. __Status Re-oort _Ch _.~aiiin. n sms'~ rro~oosee_Pro~oosed Zoni~ ~p ~r. Kohl said the total price for printi~y a~ud mailirg of the zoning map will be approximately. S1,300.00. This will include a state- ment imprinted on the zonmD~ map, advising oua~ residents of this fact as well as announcing the date s=nd time of the Public Hearing, to be determined by the City Council before the printing. This MINUT~ P~GULA~E CITY_ COUNCIL F~ETING OCTOBER 15, 1974 BOYNT~)N BEACH, FLORID~_ is ~nite a savi~os over the figure we received for printing this information in the newspapers. ~. Kohl recommended proceeding with this me~aod in presenting the zs~ ~p ~o the resi~en~ of Bo~mton Beach and requested City Co~mcil's concurrence. Y~, Ko~ said he h~ s~ce spoken to the Postm~ter reg~d~ the con~ominiu~ ~ he ~o~ how to go about that. ~Lr. Harmening moved to accept the Ci%~/ ~Ianager's reco~m~e~da- rich, seconded by ~Lr. Strnad. Under discussion, ~. Wallace asked if the map would be large enough and intelligible enough as far as streets, etc. are concerned. ~. Kokl said yes, au identical piece of paper has been folded, L~erted it in an envelope to F~ke sure the weight was okay. He said the map would ~e readable. Eotion carried 5-0. Consider Receipt ef Correspondence from Russell &Axon - Rs: ~ &~Sewe_r ~vste~ - Revenue Ce~tif.icates.~ __ Nr. Kohl read a letter of October !0, 1974 from ~t~. George D. Russell, P.E. of Russell & Axon re the above (copy attached). ~r. Kohl said he had a meeting today with ~. Shepard and Russell, Mr. Swan, Mr. Hatlma~, the Ci%~-'s Finance Director, and ~f~, Startzm~u. He asked ~r. Russell to elaborate. Mr. Russell said the letter as read still stands as a valid document. ~. Russell said he was representingMr. Shepard ,onmgh~ -- eno for engineering ~ud the other for financing -- but he mentioned he doesn't work for Wm. Hough, ~. Shepa~d had indicated to the assembled group the fact that the City may v~lidate an amount of bonds a~d not contemplate a sale for a year to a year-and-a-half~ On this basis, it was the consensus of the group that met this m~rning that it would be advisable to validate an issue of $6~491,000 and still market the con- templated ~2,75 million.. !See Supplement to Letter of October 10, 1974 a~tached, pertaznmng to the $6,491,000). The remainder which makes up the $6,491,0~0 would be held in abeyance for the necessity for these fun~s to occur and for further fiscal study as regards availability. Mr. Russell said if he has personally kno~ that was available, he would have reco~_mended that in his letter. 5ir. Russell then reviewed the Supplement referred to above and attached herewith. Referring to the financi~ charges of $714,000 which is less percentage tD~n the ~450,000 and ~. Shepard did indicate that the validation of one bond issue as opposed to two for the $6,500,000 program would save the City considerable funds. ~f~. Russell said this was ~. Shepard's recommendation and Russell & Axon eoncurz~.d. ~. Russell said what needs to be done is to authorize ~. Shepard to cause to be ~epared the necessar~j documentation for the validation. At that time he would brir~ those papers back to Comncil who reserves the right to act. It ws~ felt the City did_u't have to pay anythinM until it had the validation of the bond. Mr. Russell said this would give Council the time to give this further study. - 16 - ~ ~ ~,--. COUNCIL NEETING OCTOBER 15, 1974 BOYNTON BEACH, FLOR~A ~1r. Strnad moved to have the City ~anager ~ast~mct the fiscal agent to ~repare the necessary doc~mments for validation of a $6,50~,~00 revenue certificate issue. Mr. Harmening seconded. (The fiscal agent is Hough and Co.) Under discussion for clarification of ~v newspaper report, ~r. Wallace noted t_hat ~r. Russell said this was not go~ug to cost the City any money at this particular time. The rate will not be changed according to the fiscal agent through Mr. R'~sell. He felt if people within~ the community B~d some objection to this, they mi~oht have time to come before Cou~cil. ~r. ~menir~ noted if the City ever gets the grant for the regional waste water plant, Delray csc~t say Beyntcn doesn't ~ave ~uuy money. Eotion carried 5-0. ~r. Russell noted t~aat the itemsl_sted~ were very complex and his firm. ~a~ a~ailable to be contacted ii,rough the City ~oager to at, ewer any quos ~1o~$, 5~r. ~?aiiaoe noted a portion of ~r. R%~sel!'s letter which stated that the problems in the past will not reocc~ and he asked if the City can bauk on that in dollars and cents, r~r. Russell di~a't think the problems would reoccur add the planning now beir~ done, had it taken place l0 years ago wou~ld have precluded many thinMs which have happened. He felt the crises (not the proble~) would be prevented. for Permit to Solicit Beynton -' ' ' BeaohL~ion's Cl~o - Whmte cane sale to help the blind, October 19, t97~, (Date changed to October 26~ 1974.) Bus,ness & Professional ~omen's Club - Signature ads to be used mn a famish show program, approximately two weeks period of operation. Soroptmmms, Civfo o~ Boynton-Delray Beac~ S~i_c~t a~s for a fasa~en show, month of October. National Sec.~et?ies Assoc. - Boyn~.~n Beach-Doit.ay Chapter - Tickets to fashion 'show, tb~ Novemoer 15, !974-' -- ~r. Kohl recommended approval of all the above, ~r. Roberts asked if these were all applications for permits as read and the ~uswer was yes. ~'?~. Roberts moved to approve the City Eanagez's recommendation, seconded by ~. Strnad. No discussion. Motimu carried 5-0. Aooro~a! ~ ~' ~ ~f~. I[ohl read the following bills for approval: l. Allied ChlorLne & Chemical 8 $i,169.16 Chlerine'~'$r Wi!sonP~--~,Water & Sewer Plant~ Pay from 1973-7~ budgeted funds. 17 M/2~UT~ ~ REGUI~R CZ?f COUNCIL BOYNTON B~CH, FLOE/~A OCTOBER 15, 1974 Pay from 1973-?~ budgeted f~ds. 1,029.67 Gamon-Calmet... · industriesa_Inc. ~a~er Eeters Pay from 1973-74 budgeted funds. t~se ~rer (Fire Department) Pay from 1975-?~ Budgeted funds. 019.20 i,520.00 DELET~ (Waiting 'for hoo~s) Callaway. Caz~oenter~ ~£~v & ~on~.l servmces re audmt Pmy from 1974-75 budCeted funds. A~_en %~su~e~e CO. Po~ce & Fir~Acc'i~e-~ntal Death Pay from 1974-75 budgeted funds 4,700,00 i,780.00 5 ~terson E{t. ~4 79,456.51 Upgradi_~ & Expansion Wastewater Tr~mtment Plant P~v from !97~ Bond Issue - Atlantic National Bank The bills described have been approved ~ud verified by the department heads involved~ checked and approved for p~ment by the Finance Directer~ fo~ds are available in their respective budgets. Y~r, Koi~ recommended payment with the exception ef Item 5 above (exceot No, 5) ~. Haz~ening moved to pay all the bii!s~in accordance with the Ci~tyI~%anager's recommendation. ~r. Wallace seconded, I~r2 Ko~g clarified that there's nothing wrong with Item 3. They have done a tremendous job and would be givimg Mr. Kohl some ir~"orD~tion whichhe required before thebill is paid. ~otisn carried 5-0. O~{ER Mr. Roberts said he visited FraD2~ Lucas in the hospital today and he is m member of the Board of Adjustment. He is very ill and advised that he would not be able to complete his term. Since the Board is short one, Mr. Roberts asked Council to bring in a name for the next meeting. ~r. Wallace said he knew of someone who unloaded 24,000 bars of chooslate candy today and if anyone would !~[e some, please call ~. Wallace. Strnad sUggested sending a letter of apprec_a~z~n to ~. Lucas. agreed ~d ~. Kohl will handle this. - 18 - ~I~JT~ - REGUI~_E CITY COUNCIL ~EETING OCTOBER 15, 1974 BOTNTON BY. ACH, FLORIDA ~ayor DeLong noted that Nr. Roberts would be coming in to sign the cheeks on Friday mo~ing. ADJOD~NT Wallace m~ved to adjourn, seconded by ~. Harmening. Motion earrie~ 5-0 ~eet~rg adjourned at loll9 P.~. EI~ff OF,. ,BOYNTON BEACH~ Pi~RiDA ATT~'T~ ~$ity Clerk - 19 - Florida Department of Transportation WALTER L, REVELL SECRETARY Post O~fice Box 22858 Fort Lauderdate, Flori/k~ SSS1S October 8~ 1974 RE: /State Job No. ~5220-5414, State Road 9 (I-95), from South of State Road 804 to North of the Boynton Canal, Palm Beach-County B,~dget 'Item No.' 447452. kND State Job No, 93220-5415, State Road 9 (I-95), from North of the Boynt~n Canal to North of Hypoluxo Road, Palm Beach County Budget Item Nol 447453~ ..... The Honorable Joseph DeLong Mayor City of Boynton Beach 120 Northeast Sec~ Avenue Boy-nton Beach, Fl~rida35455 Dear Mayor DeLong: RECEIVED CENTRAL F!LE JAN l0 1975 Reference is made t~ your previous.correspondence relative to the feasibility of the Department of Transportation providing access to certain areas %,est of the Interstate Route by the Design and Construction of Grade Separations within the existing 1-95 construction t~rojects. The specific locations wherein you have requested construction of these Grade Separations is in the vicinity of Northwest IT'Avenue, Miner Road (Northwest 51 Avenue) and also at Ocean Avenue. The District Planning DeparZument has reviewed your request and finds it unfeasibl~ to grant your request based on the following controlling factors. All roads upon which these Grade Separations are to be designed and constructed m~st meet the following criteria: a.) These roads must exist as or be made a part of the State Primary or Secondary Road System. b.)Must appear on the Urban Area Transportation Study network of roads to be improved or constructed. c .) Must be approved by the Technical Coordinating Committee. The Honorable Joseph DeLong October 8, 1974 Page Two In order for*he City of Boynt~n Beach to accomplish those elements specified in (a) above they must: a.) Prepare a resolution requesting those streetsBe designated Prima~yRoads amd incorporated into the State Primary System. b.) Present this r~solu~ion to *he Department of Trans- portation for lf~eir review and approval or denial. c.) If apl~oved, a~ubt~c Hearing would have to be held to abide by State d.) Review of tramscript of meeting is performed by the Department. e.) Approval or disapproval by the District ~ given and submitted to the Taltahassee Planning Department along with othe~ pertinent data. £.) Tallahassee Pluming reviews proposal aud if accept- able initiates p~cess for change which means ulti- matelyLegislative Approval. After approval ~o place roadway on Primary System, then and only t~n would the Department be able to consider *he Grade Separation at these specific locations. After review of the proposals to Build such Grade Separations by *he Department of Transl~rtation, the following procedures would have to be taken: a.) Preparation of ~ocation Report by compiling information received through a Location Public Hearing and justifi- cation data received. b .)' Preparation of Negative Declaration relative to the impact upon the environment. c.) Submittal of Location Report to the Federal Highway Administration for approval. The Honorable Joseph DeLong October 8. 1974 Page Three After approval by the Federal Highway Administration, of the Location Report to Design and Construct the Grade Separation, a Design Report must ~e prepared. This preparati~m, su%mittal and approval must follow the s~me chronological order of events as required under the Location Report preparation. However, in the Design Report Phase many aspects of the actual de~ailed desi~aa3~e considered. After approval ~ the Design Report by the Federal Highway Administration, detailed construction plans canbe prepared. It may be beneficial to mention that according to our Planning Department it will ~e almost impossible to approach this problem by way of trying to place these roads on file Primary System, since at ~e present time,his would compound the responsibility and economic problems presently faced by the Department. There is; however, an Alternate Solution relative to the ultimate realization of Grade Separations, and this would' be to approach it from the Seconda-~y Road position. This again will be a long process. The following steps would have to be followed: 1. Preparation of a resolution by the City and presentation to 'the County. a.) This preparation would have to include not only the request but also the city,s recommendation relative to the Funding to be used to maintain, design and construct any portion of non-existent roadway a~d future plans for expansion of existing roadway facilities. Upon approval of ~e Co~ty, the necessary studies, reports, public hearings and submittals would have to be implemented prior to final approval by the Federal Highway Administration and Design and Construction of these Grade Separations. The Honorable Josel~ DeLong October 8, i974 Page Fou~ Special attentiOn is directed to the fact that although all elements of preparation, submittal and approvals have been followed and accepted, ~he ul~{~te ~constru~tion would still be dependent upon a "Funds Available basis. We regret we are umable to offer a more positive reply to your request, but as you are well ~wa~e there are m~ny state ~nd Federal requirements l~hich must be adhered to in order to accomplish your request. I hope the pravious information has been beneficial to you and ifany adRitional details ~lative to your proposal are required, please feel free to contact Mr. C. A. White, District Planning Engineer. Very traly yours, f~ j George J. St~rling~ J~- District CoordJmato~ 1-95 COS jr/ac cc: ~-. B. R. Hock, Engineer of Consultant Projects Fh'. C~ A. White, District Planning Engineer Mr. Ken Woods, Plm~ning Department M~-. Tanzer Kalayci, District Design Engineer September 17, 1974 iX. D~M1-NISTRATi-gE E. Consider Application for Used Car and Truck ~. Sherwood Alexander Jones° Attached hereto please find the application for the above andthe report submitted to us by our Police Department. According to Section 15-17.1. Used Car Lots, we quote the fol- lowing for your information to assist you in making a decision on this application. i (a) For the purposes of this sections a "used car lot" shall be considered to be any business location within the municipal ~limits of the City engaged in the wholesale or retail sale of secondhand or used automobiles, or other type of used motor vehicles and other services normally attendant to such business. (b) Prior to the zssuance of any occupational license au- thorizing the operation of used car lot within the city, such license must be approved by the City Council. In addition to the other requirements set forth in this section and ether existing sections of the code pertaining to the installation or license application for the operation of any such business, it is the judgment of the City Council that the issuance of such license shall result in zncreasing or creating fire, traf- fic or other dangerous hazards, endangering children or the general public, the emission of offensive noise or noxious odors, or othe~vise constitute an objectionable nuisance, or otherwise be detrimental to the health, safety, and general welfare of the com~unitys and in the absence of counterbal- ancing public demand for the issuance of such license in the vicinity in Guestion, the Council may refuse to issue such license. The requirements set forth in this subsection of this section shall be applicable regardless of the zoning classification of the property location connected with any such license application contemplated herein. (c) In addition, the City Council reserves the right, in connection with the approval and issuance of any such license, to impose reasonable restrictions or requirements upon the operation of snch business relative to installation of sanztery and office fecilities, paving and lighting installation and reasonable hours and t~es of business operation. (Ordinance No. 72-26, 27~ 9-29-72). Page 1 of 2 Pages IX. ADMINISTRATIVE E. Consider Application for Used Car and Truck Lot - Mr. Sherwood Alexander Jones ........... CONTINUED Further, ! asked Mr. Mel Craig, our License Inspector to in- vestigate Mr. Jones' background and he submitted the follow- ing infomation to me: Mr. Craig called Mr. ~oy Reed, Building Official of Delray Beach and learned that Mr. Jones had ....... - violations on setbacks - working in open area (on repairs) against code - cheap quality cars - constant checking is needed to insure compliance Mr. Reed then referred him to Lt. Dalton of the Delray Beach Police Department %~ho stated: - Mr. Jones has constant violations - junk yard appearance is abominable - constant battle to keep him ~'in line" - slow to comply unless "threatened" with court action - constantly parks cars in street, on rights of way~ around property area - outside of setbacks. Respectfully request your decision on the above request. FK: apt Attachments 3 pages Page 2 of 2 Pages TO Kohl !t~, ~. Si~; CITY OF BOYNTON BEACH Police Department 405 NORTH FEDERAL HWY. BOYNTON BEACH, FI.A, 33At35 IDA?E: The disposition of the ca~ invo!vinq the atta6hed nares subject as follows~ Found Guilty- $t0.00 fine Plus $11.00 oouzt cost, o~ four days in jail PLEASE RSPLY TO >' SIGNED I SIGNED 7H~S COPY FOR PERSON ADDR5SS~:D Chief Noah Hu~ .lesion '~olice Department C " " -BoyNTON BEA Office of the Ciby Manag rCF~'~* P. O. BOX 310 BOYNTON BF. ACH. FLOR]DA 334.35 SUB.CT: ~, '~, MESSAGE t DATE: 9/11/74 Attached hereto is Application for License from Sherwood Alexander Jones. Please r~ake a full investigation and have your report into me no later than 4 p.m. Th~%rsday, Sspt~-zber 12th. FK:dd REPLY ARR?T R~CORD t A~ .A..,-_9 l Boynton Beach, Ft'a,'F¢olic~ Dept. City F~nager ~JBJ~CT NA~D ABOV~ WAS ARR~SI~D, 8-28-72~ D~_LRAY BCH. FL. FO~ SHLLING -~TAIL USED CARS WITHOUT INSP~OTICN STICE~R$, ONLY R~C~qD AVAILABLe. SIGNED THIS COPY FOR PERSON ADDRESSED DO ~OT GIVE VERBAL ORDERS J~Wo Barrett Building Official Mel Craig License Inspect~ro Sept. 17. 1974 Re°: request for information on Midtown Motors. Mrs Jones - Owner - located in Delray Beach° Moved approximately twenty-two (22) vehiclels to BoNnton Beach on lot formerly occupied! by Pa!mBeach Mobile Home Sales, east Side of North Federal Highway between 8th and 9th Avenue. Cars have been removed by order of Building Official JoWo Barrett as of 9/12/74o No License had been applied for or issued. A cheek of the following indicateR: Roy Reid - Building Official of Delray Beach. Operation is sloppy - Constant vigilance required to keep operation in line on violations~ Vehicles repaired in opem area instead of closed building° Lt. Dalton - Police Department Delray Beach. Constant attention necessary - Cars parked on prohibited asea. Dismant!ed cars on loto - Appearance of possible "Junk Yard"~ Slow to correct violations° Need "threai" of court action etc. ChaSo Brown - Palm Beach County Safety Patrol- Suspects owner of changing pink slips on stickers etc. Sloppy operation. inspections See pictures attached. THESE PICTI/~ES W-ERE TAKEN ON SEPT~4BER 9, 1974 AT 2:00 P.Mo AND SUBMITTED TO THIS OFFICE BY MEL CRAIG. -Broken window. Facing ~.Eo Avenue ,, Delray. 6th '~ - Front faces N.E. 6th Avenue. Taken of back of building, Delray. Abandoned and left. N.E~ 6th Avenue. These vehicles facing the main highway. L 15.~. 6th.Avenue, Delray. Taken from Highvray facing back .of ' Propertv .. Abondonedo Taken from alley facing highway, ~.E 6th Ave. t ~SUB~ECT: · . .: .... . ~% NIESSAGE:'._' " The ~pp=~car~on '~or-~cense for She-~mood Alexander Jones O : >" ':' ' SIGNED !974 ?_~is is to advise that the ~ty Co~ncitofthe ~ty o£Boynton Beaeh~ ~-~egu!amsessio~ on SeptemLne~ t7~ 1974~ denied you~ App]/c=-~ion fo~ Very tr~!y Te-~mes a Padgett ER ~ ~ty C/e~k / ec City Manager .(- C B PPLI CATION FOR LICENSE . . . . .... Zff Resmdenee Addmess ~ A I ~JP/ 7/ ~'~ '~95:hn~~ m~ : '-~ ~M~ Nature of business (aeoemmbe' - ' ~_n Fall' detaz!) - -..-b~.'_~ ~,'~ ~ , ~./.,.-/' ~'p~ :/,~ ~. -'-. Please. fumnish applicable information: W~eme did you last hold a license? A%-U¢ t~.~. / . ~,- ~ - ~ :.-.-.~ - ~s youm l&eense eve~ been suspendS9 ~¢4 ~ ~ so, eve deta&is: ~ References: Please give name and ~11 mailing address of three (~) business and thmee (5) ~e you a o&~ze~ of ~he ~n~ted S~es? l. .~ you no~% or have you at any t~e~ as an inSiv~dual or a member of any ~z.t~ advoeat~ o~' %'6s,~z'te:] to a%~3- ~rac~ces subversive of om de- sig~d fora the ovem-th~,ow~des~uctio~ om sabota~ of the gove~ent of the H~ted States? 2. Are you i~ebted om o~l~i~ Beach except for current taxes? ~. ~ve you ever been convicted of a~%~ny or any ot~f-~se -- excluding ~nor ~affic ~ hereby state under o ~h~ tha~ all the abovela~d fomegoin~ statemaD~s Swo~n to ar~ su~scri~d oe~o~ ,'r~ tuxs_ Before issuance of a license this application 'must be aupr~ved by: Hotel ~ Restaurant Commission ! '~ Health Depamtment Zoning -- -~ '-:: ........... ' Building InsPector Electrical Inspector_ Pl~mbing in~Pector Fire Ch-.er or desig.~ated Inspectom Personal Police Depamtment Tax Dept. Lidense Clerk (Absence of signature denotes disapp~oval%- ~ wmitten memo must'b~ rust. shed license offices as to ~easona ~- ~ ~, fo~' ~6~on take~i-) ......... This apo!ication has been satisfactomily p~ocessed and licehs~ may ~e issued upo~ pa~ent Of Date License ........... mL-i-~e ns e O~icem ~_.. t-~,,1 An~isra'.4t to County Admnuat~a~°~ .- ...... -'-e V. Warren ~O~}~t~llSSlOnc:t G~ ),~ Land Request for Court%' 55-Acre --, .... ~..,- 10/9/74 with r_he and Ocean R~dge, lee ~trm~ ~'~-' Tom mayors of Boynron BeaCh. -Ju- ~' ~- "~ ~ ~oh ~om- Volpe, at which rime I tr~= ,o pmpon- . .~i~a~ion in i~o~os ~ha~ ~h~ CounsV co~Ia mm~ity for COh~-~ ....... ~ .... - .... aboul so~e conclusions re ..... e from MayOr lee I now have [he following reques~ (b} pLon ) (1) Assures me that the 75 feet_ of ~' =~ ,n°rrh= ~°f Ocean > City Hall will be cleared as to ut,~ ~-~ ~ - . . ~ . Bo}mtonBeach- - (2) A positive request thai'tile ~'~"~ f ~ ,m~,~ ~ ;~ n= -~ ' deed some 55 acres of land off of Coagress Avenue to the City of Boynron Beach, with conditions that 5oyneo~ ,. ill ' -- and n~=lnu~ ~ ...... l~ C~ty Pg~- for P~= ..... } It being noted that this is a r~newa~ of o~hez r~-t this land by Boynron Beach in years past. - pleas~ notify Mayor ~ ~ ~ n~ '''~ = CammiSSlOn scion m~ght be m~en. Thanks. GVW/em CC: M. Small, Co. Atty. ,./]oe Delong, Mayor Tom Vo!pe, Mayor K. R. Strauss, D~. Adm. Pete Kelly, R/W ~rank Kohl, City Mgr. Joseph DeGange, City Mgr. ~ 7O TO: Robert Carlson ~nd Pat Coughlan ~ubject: Land O%~nership adjacent to .~o~ ~ali an~ ~lic Bea~. xr purposes of ciar~cy and ~revity, ~e foyer n~es of Ocean Ridge ..... nnd parcels have been nu~f~ered from I through 7 i~ ci~ronologic~i order see e~nibit A). ~arcet ~o. in the land record ~ooks. .Reference: Common law 'case No. 978. :'19~5. State ~oad A-i~ (~ort~% Ocean Blvd.) was relocated westward to its i'ilpres~nt locatmon. That part of parcel NO. I iyin~ E Of A-i-A was develope~ -~ ~nuo beach and public park. That ~ = June i0, 1931. ~oB~ -was broken up into two co~ities, tl~at p~rt lying If- %Cae Waterway to remain ~s B.B~ and that pmrt ly~g E of the Water%~y M~rch 29, 1932. Parcel ~o. 2. O.~..~c~ire~ tAe g 50~ of ~e ~esent b~ a land s~p. See 0.R. ordin~ce No~ Parcel No. 4 S 37~13~ of S ~ of ~ 5 acres of S 8 acres of ~ov'tz~Lot'5 --' .~(iot on which To%~ Hall is located) were ac~ire~ ~y O.~. ~oug~ tax sale Reference: Case ~o. 14380 - Co'~nty records DB-583P369~ . ._.~ ~%prii i0, 1952. Parcel No. 3. Again pu~ up for delinquent t~es. Bought ~.]jy B.B. for $801.00 upon recommendation of O. R~ Reference: Case No. 29682 County. record DB992P647. lying E or A-1-A.~.~ purchased from o~ne~.' County Recora DB April i3, 1955. Quit Claim Deed, B.B~ to Public. Recorded i~% DB 1091P25~. B.B. quit claime~ their interest in a 50' ~trip~ the nomth 50~ of Parcek~ from A--t-A to ~e ~q line.of Gov't Lot 5~ to t~e ~lic. This deed is for two reasons. (~) B.B. never did o%~ that part between ~e center line of Spanish Creek ~nd the W line of Gov't. Lot 5 an~ {b) they gave portion between t~e C.L. of Sp~nis~ Cree]c and A--I~A to 0.~ L~ I931. ~'Septe~er 29~ 1955. ~~o.~- ~ 150' of S 985.98' of Gov'~ Lot'~ lying E of A-1-A. .~rchasea by B.B. from o~e~- County Record DBtt10P679. D6t~oer i2, 1955~ ~rcel 1~o N 450' of S 835.98' of Gov't lot 5 lyin.~ E of A-I-A. pu~~B.B, from o~er. County ~ecord DB i110P675 0.~- has equ~l rights for recre~tiOnal purposes on parcels-6 and Reference: O.~. resolution dated February 22, PUBLIC HEARING ; I;OTICE IS HEREBY GIVEN that the Town Commission o£ the Town of Ocean Ridge, Florida, will hold a public hearLng on Wednesday, August 8~ 1973, at 7:00 P.M. in the Commission Ch~%bers of the Town Hall, Ocean Ridge, /~ Florida, for the purpose of considering Amendments to Chapter 24, Zoning~ · f the Code of Ordinances of the To%~ bf Ocean Ridge, Florida, as set forth below: 1. Minimum Square Footage of single family residences. Rezoning. a. Lot 53 Bcynton Subdivision end lots 7 through Boynton Subdivision Amended, from R-15 to R- Block 6 Zoning Districts. a. Create an R-10 District, carrying all the restrictions and provisions presently on R-!5 zoning districts, but reducing unihs per acre from 15 to 10. b. Create an R-10A District° carrying all the restrictions and provisions presently on R-15A zoning districts, but reducin~ ~]nits per acre from 15 to 10. Rezoning. a. Rezone lots !~ 2 and A, Benson Brothers Subdivision~ presently zone~ R-!5 to R-!0~ b. Rezone lots P47 through P50, Acreag$ Section 27~ east of A-1-A and lots ! through t9 and A, B and C, Ocean Shores Estates, presently zoned R~15 to R-10. c. Rezone lots 60 through 76~ McCormick ~ile Subdivision and that portion of Lot P-29~ Acreage Sectio~ 22, presently zoned R-15 to R-10. d. Rezone lots 1 through 54C~ Blue Ocean Subdivision, lots 6 through 17 H, Palm Beach Shore Acres, lots 1 through 20, including 10A and B, Shore Vie~, lots 1 through 13 and A~ Tropical Park Addition No~ 1~ p~esently zoned R-15A to R-10A. · W~ ~ 5 Establish setback f:om totlines for unscreene~ s. maiming poo!s. Establisk requirements for purchase of all pern%its t~efore ~ issuance of building permit. 7. Off-street parking campers ~n6 trucks~ ALL PERS%._~S x~;T~RES~ED in this mat~er may appear before the Tow~ Cc~mission at the time and place ~foresaid and be heard. ...... Dated: July 18, 1973 Publish: 18, 1.97S .......... TO[.'~/{ OF OCEAN RIDGE, ~LOR!DA Palm Beach Post 1st publication: July 23, 1973 2nd publication: July 3t~ 1973 ~.~I= NOTICE IS PUBLISHED PG~RSUANT TO THE TO?~ OF OCF3~_N RIDGE CHARTER., 20NING O~D~NANC~ OF T~ TO~'~, 163.215 FLOR~DA STATUES, AND IS POSTED ~n~,~ (3) CONSPICUOUS P~ACES WITHIN THE TO¢~ OF OC~N RIDGE, CO~ OF ~' PAlM B~CH, STATE OF F~RIDA. RUSSELL & AXON Engineers -- Planners -- Architects 1620 MASON AVENUE - POST OFFICE BOX 1431 DAYTONA BEACH, FLORIDA 32015 9041255-$471 October lO, 1974 HonorableMayor and City Council City of Boynton Beach City Hall BoyntonBeach, Florida 334'35 Gentlemen: Subject: Water and Sewer Systems Revenue Certificates Clgyo, Boynton Beach It is proposed that the City of Boynton Beach issue $2,750,000 in revenue certificates to fund the requirements of the water and sewer systems over the next 12 months. According to your financial con- sultants, these certificates will be on ~ parity with the presently outstanding water and sewer revenue bonds and will require no rate increase. Further bond issues will be required to be authorized sometime in t97B. It is planned that ~ series of staff meetings for long-range financing'will take place late in 1974, arid early in 1975, as soon as a more clearly defined picture of further Federal progra~ing and fiscal requirements are available. The Council and Mayor will be kep~ completely apprised of all meetings and reco.~enda%ions. In the meantime, the following items make up the current 2.75 million dollar funding requirements: OFFICES THROUGHOUT SOUTHEAST & MtDIg/EST Honorable Mayor and City Council -2- October 10, 1974 Item No. Description WATER PROJECTS Addition of softeni.ng to existi.ng 8 MGD plant Engineering plans for expansion of the existing plant to 16 MGD and necessary first phase transmission mains and storage (est. 30% complete byMarch, 1975) Raw water transmission header for Wells 12, 13 & 14 4 Raw water supply main crossi.ng for 1-95 USGS raw water supply study and monitoring program SEWAGE PROJECTS 6 7 8 9 City's portion of engineering plans for Step II. grant application FDPC and EPA supporting data to maintain grant eligibility Regional ~,ITP design completion Additionsto existin~"1iWTP contract including laboratory and office buil'ding tO Construction contingencies FINANCING CHARGES ll Bond discount, capitalized interest capitalized reserves, fiscal, legal and administrative fees TOTAL BOND ISSUE Cost $1.,400,000 180,000 156,000 21,000 13,500 .25,000 25,000 ..73,000 270,000 136,500 450,000 $2,750,000 Honorable Mayor and City Council -3- October 10, 1974 A further description of each item follows: Item 1 - The Florida State Board of Health, acting through Palm Beach, has required certain improvements to ygur plant as a further safeguard to the quality of the water. These improvements include but are not limited to softening. The requirements of the State are that these improvements be in operation by Julyl~ 1975, The Council has previously authorized Russell & Axon to prepare final plans and specifications for these items. It is obvious that these improvements cannot be in operation by July l, 1975, but it is hoped that bids can be received by this.time and it is further anticipated that the State will realize the City has moved with all possible diligence. Item 2 - The Council has previously authorized preparation of final plans and specifications for the final expansion of the existing water treatment plant together with appurtenant structures. In order to utilize fully this treatment plant, certain transmission mains and storage facilities must be constructed. These items are de- lineated as Phase I construction in the comprehensive water works program. Final plans and specifications on these Phase I improve- ments should be authorized now so they can be completed by the end of 1975. Even this timetable is §lightly behind that recommended in the report. The fee for the plans al ready authorized plus those to be authorized is approximately $600,000. It is estimated that by the time of issuance of the bonds, the City will have advanced $180,000 from other funds for 30% completion of these projeCts. This item is for repayment of these advances. Items 3 and 4 - Due to the uncertainties of the present well location and to the desirability of moving all newwells to the west, the raw water header for these three wells as well as the addi-tional wells to the west will cost additional funds as indicated in these items. Item 5 - In order to fulfill the long-range studies and require- ments of the Flood Control District, we have recommended a cooperative effort with the United States Geological Survey. This is a multi-year program and the maximum possible first-year expenditure is included in this item. It is hoped that by judicious negotiation, this item may be reduced slightly. Honorable Mayor and City Council -4- October 10, 1974 Item 6 - The City has applied for a Step II grant for engineering an~--~-~-~nistrative work preparatory to applying for a Step III construction grant in order to construct certain major li'ft stations and force mains contemplated to be owned and operated by Boynton Beach in the Water Q~ality Management Plan. It is contemplated that $25,000 of this work will be completed by the time of sale of these bonds and that this $25,000 will be used for repayment of funds advanced by the City from other sources. This item will only be used if a Step II grant offer is made by EPA. Item 7 - Certain items of environmental planning must be continued in--for the City to maintain their eli§ibility for EPA grants. The amount of work to be completed between now and March, 1975 is estimated at $25,000 and.this item is included so the City may repay other sources used until the time of issuance of the bonds. Item 8 - This item is the amount to be paid by the City for com- pl'etion of the plans and specifications for the Regional Boynton- Belray wastewater treatment. When this bond issue is sold, the source of these funds can be repaid. Item 9 - Russell & Axon is presently desig~ing laboratory and office facilities for the wastewater department. Certain other re- visions are deemed desirable to make the present plant more flexible and more nearly satisfy the DPC requirements. 'It is contemplated that a change order can be executed with Peabody-Petersen, the current wastewater treatment plant contractor, for these improvements within this budgeted item. Ite~ l0 - It is felt prudent to allow a construction contingency item of at least this amount. Item ll - Most of this item represents funds which will remain in the C~s coffer, but for technical reasons of improved bond sale are included in the issue. This is true of both Capitalized Interest and Capitalized Reserves. The remainder is "bond discount,~' deemed advisable by your financial advisor to make the issue more attractive to prospective purchasers, and certain fees attendant to the sale of any bond issue. Honorable Mayor and City Council -5- October 10, 1974 It is strongly recommended by your Consulting Engineers that both the financing and engineering requirements c~ntained in this document be enacted immediately so that ~elay in needed improvements will not be encountered due to any action or inaction on the part of the City of Boynton Beach. It is felt that this Council has and will continue to provide leadership on both long- and short-range utility planning. This leadership will soon be evidenced in both engineering and fiscal matters when crises as encountered in the past do not recur. We appreciate your valuabl, e attention to all the aforementioned items and wilt continue to bring the best of available expertise to bear .en all Boynton Beach utility problems. Very truly yours, RUSSEJ~N ~ AXON ~ Geo, D. Russell, P.E. GDR/ms IZ /.3