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Minutes 09-17-74
MINUTES OF REGu~R CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY ~~ALL, TUESDAY, SEP~-d~BER l?, 1974. Ferrest L. Wallace, Councilman Norman F.' Strnad, Councilman Frank Kohl. City Manager Ernest Simon, City Attorney Callie Clutch, Deputy City Clerk After extending best wishes te these residents celebrating their h lmday N~y~r DeLe~ ed!led the meetim~ to order a~ ~ · 31 P ~ · Father Denatd Oe~melly of St. su~sti~Ati~g for the vacationing City Glerk. Mayer DeLe~g invite~ all ~hese i~ the speak abem~ items en th~ a~emda to give Cls~ten se they e~m~ ~e calle~ at the ~ hing te one ye~r~ there weul~ be a traffic problem in the Second Avenme (S.R ~ 8Q~)~ for approximately due tc ~etours made by 1-95 construction. ~ayor DeLeng then Fead.his memorandum of September 9. 197~, ad~resse~ ~ Co.oil, Lute the record regarding the adoptmon of a policy e~ pr~eedmre by Council due ~e an apparemt lack of coordination between the offices of the City Nanager and City Attorney. Mayer DeLemg ~hen read the responses from Councilmen Strna~ amd Roberts ~ate~ September 9th and 10th respectively ~hieh were im concurrence with the Mayor's proposal. The Mayer then rea~ his communication ef September llth a~ressed to the City Manager and City Atterney, advising that the fellow~ lng policy has been agreed upon by the majority of present C~ty Council: "Whenever a writ er summons is served upon the Mayor er in the Mayor's absence, the Vice Mayer, said writ ersummons s~ali' be i~ediately delivered tc the City ~anager, wh~ shall then have copies of same forwarded to theNayer~ Vice Mayer, all members of the City Council ~ Central File. Thereupon amd immediately, the City Manager shall have said writ or s~m~ems han~ delivered te the City A~terney~ who upon delivery shall sign a receipt for same. Ail legal transactions of the Ci~~ ef Boynten Beach emanating from the City Atterney's office shall ~e co~ucte~ with the C' . . ~%/7Nanager, including all agenda items such as Omty ordinances, resolutions, legal opinions, etc," MINUTES - EEGUI~AR CITY COUNCIL ~EETING BOYNTON BEACH, FLORIDA SEPTEmBeR l?, 1975 In view of the City's exp~asive fresh water treatment program, Mayer DeLong read his memorandum of September ll, 1975 to the ~ity Namage~r, s~visimg t~t he had requested Mr, Paal Stmrtzman who agreed) to represent amd keep the Mayer advised of all matters pertaiming to this project. The City Manager is to rectify Mr. Stmrtzman of all relative meetings. Mayor DeLom~ them complimemted the efforts of Mr. S~tmman who is rendering ~his service to the City without a fee. read a proclamation , 1~?~ as ' Rebecca P. Merkel, Dickinson Chapter, Regular MeetinE t September 3, 1974 Mr. Harmening referred te page 7, paragraph 3, the last sen- temco should begin "Mr. Ferretl ...- On pa~e 10, paragraph 4, the last sentence should begin =Nr. Camp ~'Jr. Harmening corrected his motiom on page 13, paragraph 2 te read "~. Hermeni~gm~ved that the previous motion ef the gramting of the certificates be clarified to the exte~ that i~ is the determination ef each member ef Council who has studied the background tha~ there is a necessity for the granting of these certificates." ~r. Roberts corrected his statement em page 6, line 8 of the firs~ paragraph to read "Mr. Robert~ said the Pc!lee'Department b~get is up 30% and is now ever Si,000,000. Line ll of the ~ame par.a~r~ph should read ~... City has picke~ up'~near 309,$~9 E the payroll,,whmeh is now $3,0G9,000 er 3/$ of the entire general fund. on page 7, paragraph $, line i -- "Mayor Re~erts" should be corrected te read "Vice Mayer Roberts". Also on page 7, next to last paragraph, the last few words of the first sentence should read "... ta~es paid to the city." page 9, the last few words ef line I should read "... Delray pa~ks ~ recreation Om page !O, paragraph 6, the last word in line 2 "~hen" should be chamged to "if." i~, Harmening moved for the adoption of the Minutes ef ~he Regular Meeting ef September 3, 197~ as corrected. Mr, Roberts seconded. No discussion. Motion carrie~ 5-~. PUBLIC AUDIENCE Mr. R. B. Vastine, representing the United Boynten Civic League, NII~TES - REGU~ CITY COUNCIL NEETING BOYNTON BEACH, FLORIDA SEPTENBER l?, 1974 distribmted copies ef his letter dated September 16, 1974 addressed to the Nayer and Councilmembers which he then read into the public record. In vier cf the present sewer treatment ciremmstanees confronting the City, the letter voiced the League's support cf Council's efforts to honer the requirements cf the E~virenmental Pretectic~ Agency as fellows: "when a joint application for a federal gra~t has been submitted the cities i~volved shall jointly twa and operate the facility for which the gramt was applied for~. The League also ncte~ its belief that the best interest and cf the residents will ~e best served if the members c~ ~ Bcy~te~ Beach will s~rictly a~here te the ~ ~y the A~lanta, Georgia office ef regardless ef what the C~ty of DelrayBeachmay do. Nr. Vastine said the League sen~ a copy cf this letter with a letter cf transmittal te Oc~ressmamPaulRe~ers a~d ~sc that the Leagne wished tc stand ~y the E~P.A, as the agenc~ Nr. Harry LeFert, 2152 N.E.' First Way, requested Ceuneit te put en the December 3rd ~allot a referendum se the people of Bcyntcn could decide whether er net they wanted tc annex any mere property and live in a city cf 55,~* er 100,~O plus. He aske~ if ~. Harmenimg was in fare, of this. Mr, Harmenmng said he would al~ays be in favor cf listening tc the people's wishes in matters Such as this and it might ~e a .good i~ea te take a reading ef the residents te see mn which direction their wishes lie. ~Lr. LeFert referred tc two petitions in 1972 regarding St. Am~rews an~ Charter World te which he felt no attention was pai~. l~ir-. LeFert asked ~r. Harmening if he would make his request in the form efa motion and ~r. Earmening said yes. BIDS l~th Ave. Recreation park D~velepme~t Prej~oV ~. Kohl rea~ h~s letter for the agenda advisi~go that the ~id for this projec~ was cpene~ cn September 9, 1975 at 3:00 P.N. The Tabulation Committee recommended acceptance of bid from Do~'s Trucking, Inc., who submitted a Bid for $45,257.10. However s~ error in multiplication was found on I~em 4. The bid read $6,300.~0 and should have been $1~,50~.00. Unit pFieim~ prevails and the adjmsted rate must be honored. His bid therefore shcmld read $$8,~57.10. Attached to Mr. Kohl's letter was the Bid Proposal submitted by Don's Trucking, Inc. with the correct amount indicated, a copy of the receipt for the Bid Bend in the amount of $2,212.86 and Tabulation Sheet and Affidavit. ~ , NINUTES - REGULAR CITY COUNCIL ~EET!NG SE_TE~BERW ~ 17, 1974 BOYNTON BEACH, FLORIDA Nr. Kohl advised that in view cf the error made, it is now ~uderstood that Don Finton of Den's Trucking, Inc,, called the City E~gineer, Tom Clark, and said he wanted to withdraw his bid en this project as tk~y have come to tho conclusion that they have made several gross errors in the calculation ef the bi~, Nr. Kohl understood this was Den's Truckimg, Ino,'s first big job. They were advised the ~ity was not in a position to Dermit withdrawal of the bid and this was the prerogative of the City Council, It is ~uderstoe~ that ?ither Nr..er Nrs. Fimton or both would be present at thms evening's meeting to request withdrawal of their bid. In a~tieipatio~ of this possi- bility, the Tabmlaticn Committee has researched the next ~i4~er, NcIntosh Pav$~g and found they would be acceptable. mmds to cover the ~iffere~ce would s%ii1 be available u~er Fmmds, Also before Council was the Affi- Paving. ~R. Don Finten came forward and asked Cemncil to consider ~llewing him to withdraw his bid and retmrm the bid bond due to errors that were made in the bid which did net allow for profit. blt. Simom advised it was within the preDogative of City Council te allow this request. Nr. Wallace move~ that the bid from Don's Trucking be permitted te be withdrawn in line with ~. Finton's request, Nr. Harmening seconded for discussion. Nr. Harmening symDathized with the gentleman's problem but noted there was approximately $10,080 difference between his low bid and NcIntesh Paving. It was difficult to know which way to go without either the City or ~r. Finton getting hurt. Nr. Roberts clarified with Nr. K~hl that no bidders were aware of any of the other ~ids ahead cf time. He requested if this withdrawal was made, the entl_e'w operation should be re-bi~. Nr. Wallace felt that Nr. Finton's request should be granted as these mistakes happen an~ he shouldn't be penalized on t~at basis. Nr, Strnad also felt it was an honest mistake, ~. Wallace clarified his motion te include the return cf ~, Finton's bid bond. Notion married 5-0. ~r. ~oberts moved to re-advertise for bids for the 15th Avenue Recreation Park Development Project. ~r. Wallace seconded. Nr. ~allace hoped the prmces hadn't gone up in the meamtime. It was felt now that the ~ids were opened, the next ones might be lower. Nr. Frederick, the Recreati~nDirector asked for consideration due to the ~eadline of gotting the job completed for the next LittIe League season a~tieipated zu Fe~rmary. Notion carried 5-0° Since it was past 8 P.N., Nr. Wallace moved to dispe~se with the regular~order of busimess a~d ge i~to the Public Hearing. ~, Es~moni~g seconded, No discmssio~. Notion carried 5-0. -4- MINUTES - ~GUL~,~ CitVZ COUNCIL NEETING SEPTENBER 17, 197~ BGYNTGN BEACH. FLORIDA PUBLIC HE.RING-8 P.M. Pre,wesed 177~-7~ ~Budget - Notice ef Tax Increase P.ro~pesed O~d. 74-28 --Re: A~o~tin~ 1974-75 Bmd~e~ N~. Simon read 0r~ina~ee Ne. 75-28 en third reading in its entirety re the above. Nayer BeLong asked if a~yene wishe~ te s~eak im favor o~ this er~inamce. the cost ef rain.ag his ervmee sta~ie~ this b~et was e~mpared it 'to Nr. NcLe~ was in pre?ced .w~th ~? atility s.ys. tem a~d if forced to ge i~te partnership wmtn a~other C~ty. there should be 5~% Nr~' MeLeam then eompared Beyntem te his home Oi~ in siEe amd ~get~ N~yor DeLong asked ~ s~uyeme wished to speak in oppos~ioR te the ordinance. ~s. Emily Jackson. 728 N.E. 9th Aven~e, aske~ if any more 2evemme had been ad~ to the budget since twe weeks ago ~ Nayor DeLong said the budget was ~he same. Nrs. Jackson questioned why the money from the State i~ the f~rm of a trust ~und was ~t in the budget and she rea~ part ~f her letter to the Department ~f Revenue regarding the distribution of funds t~ the l~cai gevez~nmem~s~ as well as the reply she receive~o Nrs. Jackson mad~ reference to the budgets ~f meighboring municipalities ~ud noted they had included the trust fumd im their budgets. ~ayor DeLem~ said if an~ when the City does receive this money, it has p.r~grams in mi~d for its ~se. It was noted that N~r. Kohl had applied for the funds amd he stressed that fm~ds eomld mot be placed in the budget that he h~s met received er been told he weul~ receive. F~i Roberts said in comparing thebbudgets of other municipalities. it c~uld ~e found there was some kind efa surplus, wh~le Boynton has none. Theymeney can ~e earmarke~ but met counted if it is net available. ~. Roberts emphasized that the estimated revenues h ~he gemeral fund -~der the Building Department are way off becamse ef the reduction in building, electrical an~ pl~tmbing permits due to the moratorium and tight money situation. He meted that the annexed areas comprised s~me 1.869 acrea and he felt the Neadows woml~ not be asking f~r a~y ~ui!ding permits for at least a year and he didn't knew if any permits were issue~ to Charter World. ~. Roberts felt the budget should not be predicated en thin ice and the City shoul~ c0u~t em extra revenue only if and whem it ¢.mes in. May~r DeLong said ne eno shomld be umder the impression that ~y m~mey eemimg L~to the City would be lost er stolen as everything will De acoeunted for. ~He said what the ~ NINUTES - REGULAR CITY COUNCIL ~KEETING SEPTENBER 17, 1974 BOYNTON BEACH, FLORIDA County Tax Assessor certifies the amount of millage for a ~?o~ er city within Palm Beach Oounty at, said certification relates early te ~he fact the mill.age ~.ueted will .tr£e~uce the same amo~t of income as was received in the previous year from the ad valorem tax. The Tax Assessor will not vouch that the millage he quotes for each individ~m_l town er city is sufficient to provide a~ adequate level ef service. Judy ~iehalski, 8~2 Shore Drive, asked hew much t~ae salaries were increased ever last year, the portal,age of iucrease a~d the improved services to De received in the next year. Nr~ Kohl a~vised tha~ the salaries were up $3ee,80~ $.n~ this took care ef most of the increases i~ the amo~t of l~ and 8%, It was s+~ted the cost of operations were mot increased very m~.ch ~ecause there weald ~e a redmetio~ i~ the purchase ef ~ew equipment. However, there woul~ ~e new programs in effect te provide more efficient service, tt was stated that the salaries were increased to ~ri~g the Ci%y's employees im liue with other municipalities. ~, Strna~ moved for the adoption ef 0rdima~ee No. 74-~8 on third and final readi~. Ne discussion. Nfs. Clariten c~n~c~ed a roll call vote as follows: Councilman Earmenir~ - Aye Vice Nayer R~Derts - Aye Councilman S~rnad - Aye Ceunci3m~ Wallace No ~y or DeLong - Aye ~oticn carried Premised Ord. No, 74-29 - Re: Tax.~I.%]~Ee R~t~ i~. Simon read 0r~inanee No. 74~29 on thir~ and final readimg in its entirety, [~ayer DeLong asked if a~yone wishe~ t~ speak in favor of er against this ordinance. No reply, Nr, Harmening moved for the adoption of Ordinance No. 74-29 on thir~ amd final reading. Nr, Strnad seconded, Nrs. Clanton c~d~cte~ a roll call vo~e as follows: Councilm~u Harmening - Aye ViCe Nayor Roberts - Aye Ce~ncilmanStrnad - Aye Cou~cilmm% Wallace - No Nayor DeLong - Aye Notion carried 4-1. Ordinances - 2md Reading Proposed Ord. 74-30 - Re: Increasing Collection Charges for Garbage, Trash, e~c. ~r. Simon read Ordinance No. ?4-30 en second reading by caption NiNUTES - REGULAR CITY COUNCIL ~EETING SEP~ER~ w 17, 1975 BOYNTON BEACH, FLORIDA on~y.1 ~ayer DeLeng asked if anyone wished to speak in favor or against this ordinance. Mr. Nick Zito, 2450 S~. ltth Street, Golfview Harbor Estates, spoke in opposition te this ordinamee~ He felt the middle ma~ was paying all the increases a~ getti~ nothing in return. Nayor DeLonE said the Deoartment had just gotten a lot of much needed eq~pment and ~e noted that the commercial rates are going to be raised 20% of wh~t they are. ~r. Zito felt this should be voted on ~ the people and no~ decided by a few i~divi~uals, a~d discussion ensued during which E~ycr DeLe~g e~eeuraged ~r. Zite te get a movement Eoing to get this on the ~allet amd change the laws. It was clarified that the garbage collection rate was going from $2 te and Nr~~ Kohl exolai~e~ that ~the new .equipme.nt was. t~d for in the past year's ~m~Eet. ~ome equipment is stzll to ¢~me L~ and capital outlays in that Department were over ~15~,~00 i1% ~ne ye~!~. A man in the audience said the $3.0~ charge doesn't seem very great to him in view ef the fact that new e~mipment was pmrchase~ and salaries are imcreasi~g. He felt the amount cf money people take home should De considered. Debbie Brederick, 133 S~E, !3th Avemue and a Cit~~ employee spoke im eppesitiem to the $1.0~ increase in garbage rates. She said she received a ~mber ef calls regarding complair~ts about the service which she connects with t~e ¢ity Nanager's office. Discussion ensued re,ardimg ~rs. Brederiok's opposition te this increase a~ it ~as elarifie~ that she ha~m~t perso~a!ly bromght her complaint te the attemtion of the City Namager, Nr. Strnad moved to a~eot Ordinance Ne. 74-30 em second and final reading, seco~de~-byB,Lr.~ Hermening. No discussion. Nfs. Clariten conducted a roll call vote as follows: Cou~cilmanHarmening - Aye Vice ~i~'er Roberts - Aye CouR¢ilms~ St~u~ad - Aye Ceuncilms_u Wallace - N~ Nayor DeLong - Aye ~otion carrie~ 4-1. Proposed Ord. No. 74-31 - He: Extemdimg Territorial Limits - The ...... ~ea~ows .. After some discmssiam about procedure and returning ~o the regular order ef Business, Nr. Simon read Proposed 0rdimanee Ne. 74-31 en second reading by caption emly. Eayor DeLong asked if anyone in the audience wished to speak in favor of or against this ordinance. No reply. ~. Hs~meni.ng moved ~or the adoption of 0rdin~nce 74-31 en second smd fmnal reading. NINUTES ~ REGUI~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEP~NBER 17, 1974 i~, Re~erts seconded. No discussion. m tell call vote as foltews: Ers. Clanton conducted Cemneilm~n Harmening Aye Vice Nayer Roberts - Aye Ceun¢il~ Strnad Aye Ccuneilman Wallace Aye ~vor DeLoog - Aye Notion oarrie~ 5-8, Nayor ~eLong recognized Nr. Sutliva~ £r~m the Nea~ow~ in ~he audience an~ explained this ~as the reaso~ he wishe~ to eentinme with the present or,er of business, ease ~.Su!I~van' ha~ wishe~ to speak. Proposed Or~. 74-32 - Re: Approvimg Plat of ~harter Wcrl~ - See~ie~ 1 .... Mr. Simon read the above ordinance en seeon~ reading by caption omly~ Eayer DeLeng aske~ if anyeme in the audience wishe~ te speak in favor ~ against this ordinance, No reply, ~, Harmening moved for the adopticR ef 0rdi~anee 74-32 en secon~ an~ finsl ~ea~'~J~g, seeonde~ by Mr, Straad. No discussion. Nfs, Cla~ten conducted a rclI call vote as fetlews: Cc~nci!manHarmening - Aye Vice Nayor Roberts - Aye Couneiima~% S~rn~ - Aye Council~u Wallace - Aye ~ayor DeLeng - Aye ~etion carried Propose~ 0r~. 74-33 - Re: 1st Zdd~, Sec.. I? & 18 Appmovi~ Plat ef Charter World 5~. Simon rea~ the above ordinance en second ~eading by ?mption only. ?layer DeLong asked if anyone wzsheR to speak ~ favor of er agaznst thisl ordinance, No reply. Mr. W.al!aoe moved for the adoption of Ordinance 74-33 on second aha final reading, seconde~b~ Nr. Harmening. Nc discussion. Nfs. Clariten conducted a roll call vote as follows: Councilman H~mening - Aye Vice ~ayor Rob&tis - Aye Councilman Strhad Aye Ccuncilman Wal~aee - Aye ~ayor DeLong - Aye ~otion carried 5-0. ~.~r. Ha~rmenimg moved to return .ts the regular order ef business, se¢om~ed byNr, Waliace. _N9 dmscussion,~ - ~otien carried 5-0, I~i~TES - REGUI~ CITY OOUNCIL ~bETING B0¥Rw~ON BEAOH, FLORIDA SEPTE~BF~R l?, BiDS (Cent'd) Cens~,r,,,uetien ef ~ater Tra~smiss~ien Na~in to Charter World Nr; Ke~ referre~ t~ his letter for the ~en~a ~ud the T~oulatien Sheet prep~e~ ~y ~e Oi~'s Occultinge~nee~,' Rmssell ~ ~e~Dffice ~f the P~chas~g AgeRt ~ E~eer~ Aide, Mr. Flushi~ was present at ~e openly. The reco~e~atio~ e~ ~. J~e Sw~, Tab.arian Sheet ~ Affidavi~ ~re belgie Geuncil. The r~ues~ for ~id, advertising, review ef ef ~e above ~ed i~i~i~s. Rea~iug from ~r. Swan's letter of September 12, E~hl noted that with ~he c~nc~rence of Palml~d Deveiepment C~.~s~e~ & ~xem rec~.mme~s the acceptance ef the low bid cz ~ma~on uonstrue~me~.Ce, 6?82 N.W;~ 9th S~eet. Plantation Florm~a,~ ~±~he amount of $322,?94.53 amd stipulating calendar days for completion. In accordance wi~h said agreement, dated November !, 1973, Palmland Development Ce. will provide funding for this prejectlin the f.rm of a letter of credit, acceptable to the City for the amount of s~d comtract. ~r. Wallace moved ~o accept the City ~anager's recommendation, seconded by 5~. Earme~ng. Under discussion. Nr. Ha~mening noted that this project was being pai~ for by Charter World. .n?.t by ~he~Gi~y. It. was clarified, by the City Attorney that thms lette~ of ered,m% was a c.mmmtment for cash. Mr~ Harmening nete~ it was an irrevecaNle letter of credit. Notion carried 5-0. LECAL (Cont'd) 0r~imanees - ist ~.eadi~ Proposed Ord. 7~-!7 - Re: Construct~_~n~' ~zthzn' ' Ci%-y's Rights of Way Nr. Simon read the above ordinance ~_u~ its entirety om first readi~. ~r. Wallace moved to adop~ Ordinance No. 74-17 ~on first reading, seconded by F~. Strmad for discmssion. ~. Strnad asked if a street is repaired improperly and starts to sink, how deep must the indentation be before the contractor can be called in te fix it up and ~yor DeLong asked if there was any period of stabilization. ~Ir. Clark, City Engineer, said if the ordinance is followed, there shouldn't be ~ny problem, If there is a problem, the contractor would still have te come bzok. He said D~O,T. is supposed to t~e care of U.S. l, although some ~f the problem coul~ be related to contractors doi~ work on utilities. Regarding the actual tolerance or depth of the indentation before the contractor is called back depends on the evaluation of the Ci~~ Engineer. Anything measurable is not right. Regarding areas where the repairs ~$I~S - REGUi~AR CiE COUNCIL ~IEETINC- SEPTEI~BER I?, 1975 B0¥NTON BEACH, FLORIDA are poorly done, thoso are temporary and are te be redone after a period ef stabilization. Nr. Clark said many of the restorations are heine discusser with Russell & Axon ~regardin.g Lau~.erdale Contracting. It was noted that abe?t $87, Q00 ms b?zug w. ithheld from Lauderdale, N~. Clark samd this mat~er is Demng closely followed by the City. Referring to the obtaining of permits in the erdinsnce, ~r. Strnad asked if a ce~tractor ca~ get close to 3,200 foot en t~o permits without repairing the first portion, ~. C~lark said if trey work fast, they ca~ take cut t~e permits prmor to the t~e limit for the restoratiom of the first 1,600 feetJ It was clarified t~t a co~tractom has three weeks te make final restoration en each 1,600 fee~, Nr~ DeLeng asked if the State has inspectors check these areas a~ Dir. Clark said the State them requests the City te make varioBs patches. He said the City may have te de this and the~ charge the developer er eon~racter. After some ~urther Eenerai discussion, Nfs. Clinton eon~ucte~ a roi1 Call vo~e as f*llows: Councilman Harmeni~g - Aye Vice E~vor Re~er~s C ou~cilman Strmad Aye Councilman Wallace Aye ~ayor DeLong Aye carried Proposed 0rd 74-35 Re: ~ - - Amemdmng See, 61 of Charter - Chiof ef Police Attendance at Co~ci_l.~ . Neet~n,s' ~ ... ~. Simon read the above or~i~mce in its e~tirety on first reading; Nr. Harmonica movod for the adoption of Ordinance No. 74-35 on first reading, seconded ~yNr. RebertsJ Under discussion, ~tr, Wallace questionod the intent of the ordinance according to the motion made for i~s drafting. ~L~yor DeLong recalled that the motion was T~.ere would be no department heads or representatives othor than ~hose roquosted by the City Eanager, and those membors of the City goverr~ment who would be necessary to be in attondanco at the meetings undor the City Nana~er form ef gover~ment wo~ld be the City Clerk, City Enginoor and City Attorney. ~. Simon said thero woro certain amendments that had ~ot boon codified an~ he had te complete his research before proceeding with ether ordinances. The above just rolieved the Chief of Police from attendimg the meetings. 2irs. Clanton conducted a roll call vote as follows: Councitm~n Harmeni~ Aye Vice r~ayor Roberts Aye Councilman Strnad Aye Councilman Wallace - Aye ~ayor DeLo~ Aye Notion carried 5-0. - l0 MINUTES -REGUiAP~ CITY COUNCIL ~EETING SEPTEmbER 17, 1974 BOYNTON BEACH, FLORIDa% Reso!utien Proo~sed Res. 74-C~ - Re_'. City Nsma~er's Remuneratie~ Mr, Simon read the above resolution in its entirety. Strnad moved fer the adoption e~f Resolution No. Mr. Wallace seconded, Ne discussion. Nfs, ClaYton conducted a roll call vote as follows: Councilmsm Harmeni~g - Aye Vice mayer Roberts - Aye Cem~cilmanStrnad - Aye Ceuncilman Wallace - Aye Mayor DeLeng - Aye ~lotmcn ca, tied 5-0. Preoosed Res. 74-HH - Re:_~ 1974~ Pay Pla~,.and.,Job Classifications Mr. Simon read the above resolution in its entirety. ~r. Harmening moved for the adoption of Reselution No. 74-HH, seconded by ~. Strn~d. ~. Wallace noted that he had previously voiced objection to certain job classifications, however, he will vote for the pay plan, ~s. Cl~ton conducted a roll call vote as follows: Councilman Harme~ing - Aye Vice ~ayor Roberts - Aye Cctuueilman S~r~d - Aye C~uncilma_n Wallace ~ Aye ~ayor DeLong - Aye earrie~ 5-0,~ Proposed Res. ?4-II - Re: Te Codeine ~z±mty Revenue Checking Accounts D~r. Simon read the above resolution in its $ntire~y, Mr. Harmening moved for the ado~tiem of Resolution ?4-II, seconded ~y Mr, Wallace~ N~ discussion. Mrs. Cla~ten oe~ucted a roll c~ll vete as felloWS: Ccuneilmsa~ Harmening - Aye Vice Mayor Roberts - Aye Ce~neilmau Strnad - Aye Councilman Wallace - Aye t~aycr DeLong - Aye Motion ca~ied 5-~. O~her Mr. ~imen said some time age City Co~neil authorized negetiatiens Be pursued by the City Manager amd the City Engimeer regardL~g U~,Ba~oM~Plunkett which has been done. Arr~ememes have beem ma~e with ~r. Plunke~t, however, the final commitments ~u~ arramgmments need to be ~uthorized by Ci%~y Council action - ll - mINUTES - EEGULAR CITY COUNCIL MEETING BOYNTON BEAGH, FLORIDA SEPTE~ER 17, 1974 and Nr,~ Simon prepared a resolution, ~. Simon said the resolution shomld be road alo~ with the letter attached to it of September l?, 1974 from Nro Kohl to F~r. Plm~Jkett i~dieating that Nr. Kohl had the authe=ity ef City Council to take such action, Reso~ution~o. ?4-JJ- R~: Amthorizi~g Right ef Way Exeb~gc Nr; Simon rea4 the above resolution and letter from Nr. Kekl to Nr. Pln~kett ef September l?th in their entirety, Nr, Strnad moved to spread the above communication relative concerned be notified. ~.r. Wallace seeondedo After some ~iscussion eiarif~ing tho motion, the vote was ~-9. ~Lr. Wallace move~ to adopt R~solutien No. ?4-JJ, seconded by Nr. Roberts. Nr, Wallace re-emphasized that all agencies be notified and it was stated that ~. Kohl would sen~ a copy of ~he resolution. ~rs. Clanton called the roll as follows: Councilman Harmening - Aye Vice N~ycr Roberts Aye Councilman S~rnad Aye Cemncilman Wallace - Aye N~yor DeLong - Aye Notion ~ carr~e~ 5-0, Gi~da~vs~. City of B,eynto~ Bec,ch - Order of Dismiss~ ~. Simon read the Order Dismissing Action relative te the above matter f~r the record. OLD BUSI~SS ~one. lfEW BUS It~SS ADNiNISTRATiVE Consider Callaway, Carpenter, May & Co. to Prepare H,U.D. A~dit Re~ort for Project WS-F.la-281 , . ~ir. Kohl sai~ ~e City is in the process of receiving 90% of the $256,O00,000Rue em the above pro~ect, However, H.U.D. advised that ~t ms absolutely essential the Ci%7 has a smgned audit contract for this project. ~ir. Kohl referred to Section 31 (before Council) of the terms and conditions with H.U.D. as well as the suggeste~ form e£ audit contract (also ~efore CouneiI). In view of the urgency of thi~ reRmired ~u~it, ~. Kohl recommended immediately prcceedzr~g with th~s so that ~INUTES - REGULAR CITY COUNCIL ~TING BOYNTON BEACH, FLORIDA SEPT~ER l?, 1974 the City can receive the funds due from H~,D, ~. Kohl further recommended that Callaway, Carpenter, ~y & Ce. ~ app~i~%ed te perform t~is amdit at a cost ~et tc exeee~ ~l,~©0~0 as i~icated in the letter before Co~cit fr~m them a~d approval be givem to sign this ~letter/agreeme~t~. ~. Wallace moved to accept the City ~a~ager's recommendation above. ~r. Roberts seconded. No disc~ssieno Notion carried 5-0. C nsmder. Ap~o~tmen_t f Audm.tors for Next ~iscal Year Mr. Kohl referre~ te correspondence ~efere Ceuucil from Callaway, Carpenter, Nay & Comply, Certified Public Accounts wherein they indicated they will perform the City,s audit ef financis~l statements for the fiseal%jmar ending Septe~oer 30, 1974~ The cost invelve~ as stipulated ~ot to exceed ~25,000.00. Mr. Kohl said he w~ very satisfied with the perfermamce of this fi~m in their cemd~ct im ~erf~rmi~g theaudit for the $2~050,$00.00 Water & Sewer Bo~d Issue. They contracted for a .m~imum ef ~3!00~.©G and th$i~ actual fse was $2,958.00 which · n¢lude~ services for umant~.ciDated audit work so as te circumvent ~ reliance en the former auditors, Touche Ross & Co, which would have enta&led additional ~ees for Temche Ross & Co. Further, they performed this je~ ena dema~dimg time sehe~mle ~d completed it ~n record time inasmuch as ~hey were aware of the urgent need for this work to ~e ready for the Be~ Issue. Mr. Kohl requested permission te a~eve this a~mt fmrm for the City and authorizatio~ te si~the let-~er/ ~greememt which wa~ before Comncil. Mr. ~allace moved te accept the City~ager's recommendation above. Mr. Str~d seconded. Under discussion, Mr. Wallace said he hoped the City shopped aromnd $~ asked if this company,s fees were im line. Mr. Eohl said in regard te other cities they are in line. ~Ir. Kohl referred to the H.UJD. proposal fee of $2,~.G0 and said he ha~ asked if Council let them do ~he~anm~al au~i~, would i~ De tess. They mautiened it would e ~l,2~e to $1~§~and a~so~ their ~ete of $2~,eoe would probably come te $15,00G to $20,~0~. It was stresse~ that a similar sit~.atio~ to last year sheul~ be avoided. Notion carried 5-0. Co~.~sider~eques~ of Atl~antic H~S. - He: _~ua Orest Fund' ~r. Kohl said he met with Messrs, Hawk, Cooper a~d Tyson regardio~ the above abo~t four weeks ago, and he referred Council to correspemdenee which was before them. Mr. Kohl said he was requested to Dring this before Council, however, he advised the gentleme~ that the budget had ~een prepared amd he didn't feel that funds were available in this year's budget~for a swimming peel. He referred Council to paragraph 5 of the correspondence before them o~ the first page, wherein if Ce~cil so desires, they could indicate their i~tent for this contribution in their 1975~1976 budget. Also before Council was correspondence and excerpts from minmtes for the Budget Public Hearing dated September ?, 1972 at which time act~0n - 12 - ~ NtNUTES - R~GULAR CITY COUNCIL ~MTING SEPTENBER 17, 1974 BOTNTON BEACH, FLORIDA was taken by that City Council to contribute $15,000,00 providing the funds were matched by the City ef Delray Beach, the Country and the Federal Government. However, this was never dome a~d the $15,000.00 was net encumbered at that time. .~r. Kohl asked for Council's wishes. mayor DeLemg took issue with paragraph five referred te earlier a~d felt Council should net saddle a future Council with an item of this type for 1975-76. He felt it wasn't morally er legally right. ~r. Simon said he wouldn't recomme~ud it because it would have to be included im this year's budget fern of intent, It was felt that it would net be fittiD~ to commit the next Council te this extent. ~Hr. Wallace noted that this matter had been around fera few years and he felt if the people who were really involved had a concrete plan as to cest, the municipalities might be mere ~uolined to contribute. ~ayer DeLong felt since there was ne money appropriated in the budget and no moRey available for this, and a subsequent council should no~ be ~eu~d b~ action of present Council, the p~ople involved should ceme in during the 1975-76 budget hearing an~ make their presentation. ~r. Wallace referred te the plans fer the Beynton Niddle Seheol which Council reviewed and said since the School Board is involved im that und also since there have beem preblems regarding the continual repair ef Beyn~on's Wilson pool, s~me- one might de something to get all the agencies working together for the ~enefit of the young people. Nr. Harmenim~ moved that relative to this request, the Cit~y Nanager be i~strue~ed te forward a letter te these who made the request for Atlantic High School - Aqua Crest F~nd - stating there have been no funds provided in this fiscal year's budget and the recommendation be ma~e that they appear at the budget sessions for 1975-76. No discussionm~followed blt. Roberts' second and the motion carried 5-0, ~Lr, Roberts noted Council was not bemnd by a previous motion in this regard because there are no matching Federal funds. ~,~r. Kohl has that understaud~. .Ce,nsider ReNuest of BoyDton Beach J~aycees for T~mrkey Shoot U~. Kohl said this request for a Turkey Shoot to be held in Jaycee Park had been appreve~ in years past. Those involved are vez~y safety eenscious and the shetguns would be loaded with very light birdshot, The even~ would take place Some time during the months ef October or November and would cover a two- day period during one week (a Saturday ~ud Sunday). ~r. Wallace moved that permission be granted te the Jaycees fer tho Turkey Sheet with the previse that they clean up after- wards. ~Er. Harmening seconded. ~etien carried 5-0. - 13 - ~I~TES - REGUI~R CITY COUNCIL ~EETING SEPTEDIBER 17, 1976 CITY OF BOYNTON BEACH, FLORIDA Co,sider Application for Used Car & Truck Lot - ~r. Sherwood Alexander., Jones ., _ ~__ · Nr, Kohl referred te his letter for the agenda regarding the above aDplieation (copy attached hereto) ~nd he requested Council's decision on this request. N_r. HarmeniO~ moved that the application be denied, seconded by Nr. Wallace~ No dis- c~ssie~, Notion cazr~ed 5-0, ~. Jones came forwar~ ar~ requested to speak about this matter a~d e~he N~or permitted b~ te do ~e although he was out ~f order. Nr, Jones speke at length about various dif- ficulties he's had with his busimess in the past and tried te ex~_laim why he felt his request should be granted. ~;er DeLo~g explained that Council does net want to approve the application and action has already been t~ke~. He advised ~I~. Jo~es that he could pursue the matter legally if he so ~esire~, After some f~rther discussion, Ea~or DeLcng p~lled each individual Councilman t~ see if they wished te reconsider ~heir action. Each member chess not te reeomSi~er the matter. ~r, Jones wished tc k~ew if the land in questi~ was roomed commercially for a used esr an~-truck let. ~, DeLeng advised to see the Building Official about this. Consider Application for Permit te Solicit - Eultiple Sclerosis S eciet-y Nr, Kohl referred Council to the application for permit to solicit from the National 5~ultiple Sc_~eres~s Society, Gold Coast, Florida Chapter s~d recommended approval. ~. Harmenzng moved te apprgve to.grant this request, seconded by ~. ~?allace for discussion purposes. F~, Wallace said people have been knocking ~n his door for several weeks a~d it was clarified that this was a separate drive to the one g~ing on during the Jerry Lewis Telethon. Notion carried 5-0; Aporoval of ~ills Kohl read the foll~wir%~ list of bills for approval: 1, Crane Bros. Hotors $ 3,175.80 ~-~ta~r - Peli~% Crdiser Pay from 3100-512 Walker .Process 14,851.00 Helicerd Collector Charge to 6220-514.29 3~ Rowland ~ruek Eeui~mg~t~ Imc. 32~495,00 ~ront End Leader pay from encumbered f~ds Pay from Budget $ 5~000.00 ~_~5.oo - lb - MINUTES - REGUI~LR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA SEPT~BFJ~ l?, I974 Inrush, Inc. Final -. ,Est. ~ti~ies Relocation Proj. 6858-13A Partial reimbursement from D.0;T. Lee Ac Walker C.o. Final AD.p1. #9 ~-e~ine'r - Library Job Funds available in Revenue Shar~_ng ,uiter & 0 Pay from Cemetery Fund tO B,B.M.P. ~ Jeb $ 29,180,80 28,850.26 t,900.00 28,800.09 Inv. ~! $25,600.00 Pay from Util. Gen'l Fund Inv, #2 3,200.00 $28,800.0~ Allied Chlorine & ChemicaI ~,040,00 Chlorine - Water Plant Inv. #92775 $2,420.00 1 620.00 Pay ~om budgeted funds Inv. #92549 612 354 The bills described have been approved and verified by the departmemt heads i~volved~ checked and approved f~r payment by the Fin~uce Director amd funds are available in their respective budgets. ~r. Kohl recommended payment of the bills but returne~ to the subject of Lee A. Walker (Item 5 above) for further discussion. Mr. Kohl said he received a letter frem Nr. Dave Centoia, Attorney,_~ that Lee A? Walker owes one company approximately $775.00. Kohl said he straightened out that Walker shoUld have paid for the sprinkler system as it w~s in the bid. Mr. DeLong noted that Lee AJ Walker went to the sprinkling concern and asked for an estimate. Mr. Kohl said he had discussed this matter with ~Lr. Simon. ~r. Kohl said Lee A. Walker is also asking for the $77~.00 re~arding a Dart of the parking lot which Mr. Kohl never authormzed and they went beyond the pl~_us. After some discussion, Mayor DeLong requested a letter from Mr. Simon in the form efa legal eoinion as to whether the bill in question should be oa_d. CounCil diseusse~ at length the .matter~of payment to Lee A, ~alker and Mr. Harme~uing ~ske~ mf the fmgure $28,850.26 represents 'the contract cost price or the contract price plus what he's' charging extra. Mr,.Kohl said th~s is the comtract price -- he would like te reeemve an extra ~750.0~ for the ro¢~ and ~n ext~ $~,40~ for the sprinkler system whmchMr. Kohl did not want te pay. After furth?r.dis?ussion~ as to~possible~lawsuits that may develop and clarifmcatmon that the $28,850.26~ams the full amount owed to Lee A. Wsulker, Mr. Harme~ing moved te ~2~ all th bills with the exception that Lee A, Walker would ~e paid ,000.26 and the City would withhold $850.00 mpon the recommendation of the City M~nager. Mr. Roberts seeonde~. No discussion. ~otion c~ied 520. - 15 - NINUT_ES - REGELAR CITY COUNCIL I~ETING SEPTEMBER l?, BOYNTON BEAGH, FLORIDA Nr. K~hl requested Council to consider the request of the Boymton Beach 0hil~ Care Center in the amount of It has gone ~e the. Community Relations Board am~ was approved. After s~me ~s~uss~e~ et~ifyi~ t~t the e~ec~ ~meu~t ~2,~,0~ ~, Wallace m~ve~ te ~preve the Ci~ ~er,s reee~em~atiem, sece~e~ ~y~, S~ad for ~iscmssiem. St~md aske~ if ~he Ci~ would be ebligate~ to pay ~hts ame~t Reve~u~ter' ~.Kehl a~vise~ this w~ mp elatme~ Be~ te brm~ it back te Ce~eil. it ~he~h it s~s ~m~terly, this p~m~ weml~ Be ~e e~ly t~ee ~im~ ye~ly. Il was fu~her s~e~ t~t the Fe~er~ g~v~ent s~i~izes a d~ e~e eemt~r ~ the ~ t~e -- ~his is a night t~ s~rviee w~eh is ~iffere~t ~em ~he Fe~e~l ~is~sie~. Notion earrie~ OTHER ~r. Harmeni~ referred to Ne. LeFert's earlier request of Council to eomsider Dmt~ting any future anmexatiens en the December 3rd ballet for referendum to the oeeple ~ he s~d i~ was always ~oert~t for people t, e~ress t~eir ~es~es ~n ~tters of this sort. ~. H~men~ moved-to place this questiem ef ~exatien on the b~lot f,r the next electi,n. ~. ~llaee secomded for disemssio~. ~ Wailaee ~sked leg~ly wha~ ~s the ~eriod ef necess~ Before ~ i~em could be put ~ the ~alto~. A~o, how defimitive must the balle~ ~e -- Would it be te establish percent beund~ 1~ ~es ~ the City. F~. Simon sai~ he would have te ~o further rose,oh en ~his ~tter ~n~ also ~eter~ne ~he general legality. If you have a referendum pre ~d eon ~a~ien generally, you ~e ne~ meetm~' ~ the Cheer prevision with reg~d to a referendum e~ a specific p~eel. Nr. ~allace felt if i~ were werde~ se i~ was per capita for the m~ber ef pep~ation, it w, uld cover w~t was allu4ed te -- ~ ceili~ gre~h population. ~. Simon said what is Se~ht here ms some ~dieation from the vo~ers ~ to w~t ~heir attitude is gener~ly, wh~le the Chafer sets up a referend~ for aspecmfzc' ' eontigue~ p~cel se that ~someene toques~ the ~exatiom of ~ p~ticul~ piece, a referend~ isre~umre~' te be sure the Ch~er provisie~ ~e met. Then the public is asked if in favor er ~ eppesi~i~m t~ the a~exatie~ of a p~ticul~ piece ef Nayor DeLong felt the matter un~er discussion would be a blanke~ referendum, setting mp boundary lines in the City ~ud that this should be t~rne~ over to the City Attorney for study, with the people concerned contacting him and letting him know what their feelings are. ~-. Wallace noted the new zonin~ which was just oroposed which sets a cap to a certain degree regarding pepulatlon and there has net yet been a public hearing on it and he felt this matter should be thoroughly researched. ~. Roberts said Boynten is still supposed to provide services - 16 - MI~q~TES - REG~R 0IT~ COUNCIL ~EETING BOYNTON ~EA~H, FLORIDA SEPT~ER l?, 1974 to the entire annexed area that is reserved. Whether or not the City sims×es, it is stuck with this particular area. Also, who's going te gmars~tee to the City what's coming i~te these ~o~ed areas. Er, Wallace felt the County would still do as it wishes. Mr. Roberts said he would Be especially ooncer~ed abe-at sewer and water. It was te¢ided te be included in the motion that the matter be tur~e~ ~ver to the City Attorney for research. Nr. LeFort s~d ~gcer~ing to th? Charter if 25 people sig~ed a petitiem e~e~g to a~exat~on, it sh~ Be~ ena refere~. I* was el~ifie~ lhat this ~ i~ reg~i le s~eeifie p~ce~, ~i ~er DeL~ng felt the molive ef this regmest ~ te tie ~p the Ci~ as f~ ~ e~i~ because the b~se ~f the ~ s~uet~e mms~ be br~a~ene~. He ~e~e~ the ~ensi~ orii~ee i~ effect which ~e~ redmce ~d keeps ~e Depmlati~ ~er cen~el. Ee felt the l~ was le~ ~veriue wh~ it o~ ~e~ 25 DooDle to rule the tesii~ ef the enlire p~pmlatie~ ef the Ci~. Mr. LeFort said when Charter World was a~aexe~, there were 1,0~0 .names. Mr. DeLeDC said he voted against Charter World because the rights of the people were denied with regard to referendum. He felt that petitions could be.made when particular parcel is under consideration for anmexation, ~therwise the progress ef the City would be tied uD. LeFor~ f~lt on past ~erforma~¢e a petition would d~ no geed an~ discussion ensued regarding the annexation ef St. Andrews. ~Iayor DeLong referred to the Meadows which was just annexed this evening ~ud hs felt it was established as te what the rein to the City would be when the area is fully ~eveloped. The mayer then requested ~. Robert Sullivau from the Hell,nd Development Company that owas the Meadows t~ come forward. ~r. Sullivan said he was happy that the Meadows' applicat&on for ~nexation was approved and they would proceed as rapidly as possible to complete their development plans. He felt they would start a lot sooner thsa a year from now. He did not recall the~fig~es as to return te the City. ~. LeFort said he ~idn't expect to get a~y further an~ Eayor DeLong ass~ed him that the Ci~ would progress in a progressive and economical manner. He felt the annexed areas would have to be served anyhow, so they should be in the City and the base of the tax structure would be broadened. Discussion then ensued regarding the raising of taxes. ~etion carried 4-0 as Mr. Roberts had left during Dart of the discussion above. - Regarding the amneuncement earlier this evening concerning the traffic problem due tc 1-95 construction, Er. Wallace felt there shoul~ be a survey conducted through the Police Department i~ preparation for same so that undue difficulties could be avoided. - l? ~LiNUTA~S - REGULAR CITY COUNCIL NEETING BOYNTON BEACH, FLORIDA SEPTE~ 17, ADJOURI~¢~NT ~. Harmening meved te adjourn, secended by Nr, Strnad, Netiem carried ~-0 and the meeting adjourned at 10-.37 P.N.~ CITY OF BOYNTON BEACH, FLORID.& Nayor ATTEST: ~eumCilma~ - 18 'CITY BOYNTON Office of the 15t'ty Manager September 5, 1974 Mr. Paul M. Plunkett, Esquire Plunkett, Nisen, Elliott & Maier One North LaSalle Street Chicago, Illinois 60602 Dear Mr. Plunkett: This is to advise you that by this letter tke City of Boynt~n Beach by authority of its City Council hereby makes the following ments to you and your co-trustee as owners of certain property on Congress Avenue described as follows: The West Half of the Northwest Quarter of Section 5, To-~nship 46 South, Range 43 East, LESS and South 1144.0 feet thereof, LESS the West 53.0 feet thereof, and LESS the AXorth-.=~Or. feet thereof, Palm Beach County, Florida. In consideration of your conveyance by Quit Claim Dee~ of a~ 80 foot right-of-way running from Congress Avenue. on the ¥~est to the Easterly limits of your property, which said conveyance has been heretofore approved by the parties hereto, the City hereby makes the fol!o~in9 additional commitments: 1. At the present time the City of Boynton Beach has a right--of--way over a certain fifty foot strip Of land running from Congress Avenue easterly to the east border of your property. The City hereby co?m~its itself to the abandonment of such right-of-way and ~ny and all further interest therein which the City may have, all of such to be without cost to you. -- 2. The City of Boynton Beach agrees within one year from the date hereof, without cos~ to you, to build a two-lane highway o~ the said 80 foot right-of-way in accordance with all requirements of city, county and state governmental authorities. Page ! of 2 Pages Paul M. Plunkett, Esquire 'Rl~nkett, Nisen, El!iott & Maier Septer~er 5, 197~ Page 2 of 2 Pages 3. The said two-lane highway, when comptete~, shall be available to access from your property on both sides thereof and shall be consistent with the ordinances of the City of Boyntom Beacb_ 4. The City has, or shall approve, a 16-inch %~ater !ine i~ the 80-foot right-of-way and then westerly a!ong~_~e le~ngth of ~he 80-foot right-of-way. Said water line shall be constructe~so as to render complete access thereto throughout~o~rpropertyon Doth sides of the right-of-way to be conveyed. All of such construction shall be without cost to you, a. nd your right of access as stated is assured by the City. 5. The roadway over the right-of-way shall be so constr~ctect as to provide a storm water flow consistent with other roadways i~Bo!znton Beach. 6. Pending and until the completion of the two--I~e high,ray referre~ to above, the City will not object to temporary easements for right- of-way from Congress Avenue to point or points on the property on both sides of the right-of-way for purposes of ingress and egress by either the owners or their successors and assigns, provide<t, however, that such temporary easements do not interfere ia any way ~th cons- truction within the right-of-way. This commitment on the part of the City shall inure ~o the benefit of the present owners of said property, tk~_r~ successors an~ assigns. Very ~ru!y yours, CITYr- OF BO~fk~O~ BEAC~I ~/-~amk Kohl City FK:pb CC: Mr. Thomas A. Clark, City Engineer Mr. Ernest G. Simon, City Attorney A ~G E N,D A Septenf0er 17, 1974 ADMINISTRATIVE E. Consider Application for Used Car and Truck Lot - Mr. Sherwood Alexander Jones. Attached hereto please find the application for the above and the report submitted to us by our Police Depart~uent. 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. .(a) For the purposes of this section, a "used car lot" shall be considered to be any business location within the municipal limits of the City engaged in the wholesale er 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 issuance 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 other 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 increasing or creating fire, traf- fic or other dangerous hazards, endangering children or the general public, the emission of offensive noise or noxious odors, or otherwise constitute an objectionable nuisance, or otherwise be detrimental to the health, safety, and general welfare of the community, and in the absence of counterbal- ancing public demand for the issuance of such license in the vicinity in question, 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 such business relative to installation of sanitary and office facilities, paving and lighting installation and reasonable hours and times 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 ........... CO~TI~3ED Further, I asked Mr. Mel Craig, our License Inspector to in- vestigate Mr. Jones' background and he submitted the follow- ing information to me: Mr. Craig called Mr. Roy 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 who stated: - Mr. Jones has ~onstant violations - junk yard appearance is abominable - constant battle to keep him "in line" - slow to comply unless "threatened" with court action constantly parks cars mn 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