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Minutes 05-07-74MINUTES OF REGULAR CITY COUNCIL ~TING OF THE CITY OF BOYNTON BEACH, FLORIDA, .~L.D AT CITY EALL, TUESDAY, M~Y 7, 1974. PRESENT Joe DeLong, Mayor David Roberts, Vice Mayor Edward F. Harmening, Councilman Forrest L. Wallace, Councilman Norman F. Strnad, Councilman Framk Kohl, City Manager Ernest Simon, City Attorney ereesa Padgeut, C~ty Clerk Mayor DeLong called the meet~_~ug to order at 7:30 P.M. and welcomed everyone. E~ asked the audience to rise for the invocation givenbyRev. Ernest R. Campbell of the First Baptist Church, followed by the Pledge of Allegiance, led by Councilman Norman F. ~trnad. Mayer DeLong thanked Rev. Campbell and as Mayor of Boynton Beach and on the be~ of the residents and cmty offmc_.als, he extended him a warm, sincere and cordis~ welcome to the City. We trmst your assignment to o~_r City will be pleasur- able and wish you God's speed Lu every endeavor. Presentation Mr. Dick Senff, Executive Director of the ~namber of Com- merce a~ud ~. Don Fenton, President of the Cham~ber of Com- merce, presented the Economic Development Profile for Boyn- ton Beach to each Councilman. This has taken two years to complete. The City of Boynton Beach is the first to complete this in South Florida in cooperation with the state ecomomical development, tt gives advantages for new businesses in this area and hopefully will attract new people. We have noted that the industries coming into the State of Florida employ 97% local ts~ent. We would like to ths~k the ~yor, City Manager and all department heads for supplying all vital information. ~or DeCal, cng thanked the gentlemen ~ud recognized the efforts of the following people who helped to compile this informa- tion and devote time to this: Kathleen K~rten, Mary Law, Joe _.ei~y and Members of the Development Board. MtNU~S ~e~lar Meetin~ - April 16~ 197~4 Mr. Harmening referred to Page 4, Paragraph 2, and stated he believed it should read: Mr. Harme~n~n~ asked for the date that the County Commission meets -~,, the Zoning Board, etc. Instead~of ,,wlth~, change~-m__~r,,._~e Mr. Harmening referred to Page t2, Paragraph 3, which should read: "quotation received is per employee", rather than~s in an employee amount,w ~II~T~S OF REG~ CITY CODT~CIL 3~7M, T1/~G OF T~ CITY OF BOYNTON FLORIDA, EELD AT CITY HALL, TUESD~.Y, M3~¥ 7, 1974. Mr. Wallace moved te accept the Minutes of the Regulsm Meeting of Tuesday, April 16, 1974, as corrected. Mr. Narmening seconded the motion. Motion carried 4-0, with Mr. Strnad not voting since he was not present at that meeting. PUBLIC AUD~- NCE Mayor DeLeng respectfully requested the Cit~ Clerk to intro- duce the young lady, who was taking the minutes in the absence of the regular clerk. Mrs. Padgett i~troduced F~s. Suz~n~e Kruse. Mayor DeLong said if anyone in the audience wisksd to speak on an item on the agenda, his or her name should be given to the City Clerk to be called when the item comes ~p. After the public has spoken on the item in question and it is put to ~h ~e governing body, there will be no discussion by anyone o~ther than the Members of the Council. Mayor DeLeng announced there was a Volkswago~ outside with the lzghts on, but he did not have the license number. Mayor DeLong requested anyone wishing to speak or address the City Cou~ucil on any item not on the agenda to please step forward. Mr. Robert Trester stated his name and he believed he had talked to the Mayor and l~r. Kohl in reference to some trees and bushes in front of his house that someone wanted moved because they are in violation of an ordinance. He stated he was told the City Council was going to change the ordl- nance or revise it. Mr. Kohl replied that near the end of the meeting, he was going to request that the ordinance be amended in reference to the swale areas. Mayor DeLong stated they would wait to discuss this then. Rev. Ernest Campbell stated his name and that he was not yet a home owner, but would use the church address of 301 North Seacrest Blvd. ~e expressed his deep appreciation to the ~ayor personally for being in ~he audience last S~nday night. He stated he has come to sh~e his life with this great and good city. He expressed tharK~s for the opportunity and privi- lege. Mayor DeLong replied that it was indeed a pleasure to have been there and a great honor. He referred to the terri- fic response from th~ congregation and added that Councilman Harmehing was also in the audience. Rev. Campbeli expressed his apology for not having recognized Councilman Harmening. Mrs. Padgett stated that several people wanted to speak in reference to annexation. Mayor DeLong replied he had noted it was not included on the agenda, but would be discussed as a separate item under ~II OLD BUSINESS. This is ~ot in con- nection with The Meadows A_unexation. - 2 - MLNU~S OF REGULAR CITY COUNCIL MEETinG OF THE CITY OF BOYNTON .BEACH, FLORIDA, HELD ~T CITY HALL, TUESDAY, MAY 7, 1974. BIDS One (1) New 1974 Ambulance - Fire Bepartmen~ Mr. Kohl referred to his letter for the agemda ~ud the bid Tabulatiom sheet attached. The Tabulation Committee recom- men~ acceptance of low bid from Custom Ambulance Co. of North Palm Beach in the s~otn~t of $tl,879o45 who was the low bidder, as indicated on the attached "Tab Sheet~'. Funds were allocated in Acct. 3200/512.01 in the amo~uut of $15,500.00, se sufficient momies are available. All requirements have Been met i.e. ~pecs, Advertise for Bids, Affadavit, etco Mr. Kohl concurred with the Tabulation Commmttee' 's.recomme~dation. Mr. Harmening moved to accept the recommendation of the City Manager and Tabulation Committee to award the bid to Custom Ambulance Co. in the amount o£ $1~,879.~5. .Mr. Roberts seconded the motion. Under ~di~.cussion, Mayor DeLomg called the attenb_on to those people tabulating the bids and the City Manager that he believed there should Be an a~adav~ '~ accompany&ug this bid. Mr. Kohl replied that he does have the affadavit. Mayor DeLong requested that in the future to please let the Council see it. Motio~ ca~-ried 5-0. REPORT Since it was not yet 8:00 an~ be,~n~ the Mayor requested Mr. Axon to give his report. the Public Hearing could not George Russell of Russell & Mr. ~sell stated he had several items to report on. One relates to the efforts in regards to the waste water treat- ment plant and the building moratorium as imposed. We have .had meetings with the State Department of Pollution Control and your staff. Your staff has comoiled a lot of building appl_cat~ons. He continued that there is a lot of capacity in the final effluent of 5,081 lbs., but this capacity has been exceeded for some time. ~n January, you were producing less them that. In February, when we asked for a testing, the strength went up. The strength has since gone down on occasiom, but has not stsj~ed down. It is the opinion of your consulting engineers and the Palm Beach County Health Dept, has concurred with us, that the problem with the treatment plant is not the staff, but sewer- age connections. The County has recommended that we make a study of where these unauthorized connections are. The Health Department will he glad to cooperate. -3- MINUTES OF REGULAR CITY COUNCIL MEETING OF ~qE CITY OF BOlq~TON BEACH, FLORIDA~ M~T,D AT CITY HALL, TUESDAY, !~Y 7, 1974 In the sewerage, strength of suspended solids is 50% higher than from normal domestic usage. There could be a nu~ber of causes: some industrial, some unauthorized dump~,~g, etc. We feel it is a very important matter that should be found. As a part of the $9,200 package for your grant, you are required to perform a users, sharge study. We have already been author- ized to do it ~d are going to start Monday on the study and hope to determine where the unauthorized connections are. Your staff and my staff are working many hours in an attempt to solve it and until we find what is causing it, there will not be a solution. Mr. Wallace questioned the aumber of unauthorized connections involved. Mr. Russell replied that they had f~v~~' = evidences of toxic waste, an example would be if someone emptied two septic tanks. Mayor DeLong stated that he believed the City M~ger has people out in the field making a study of this. Mr. Kohl stated this was true and they did go over it with Mr. Russell. They mnst go further for chemical and biochemical analysis. He also stated that unauthorized connections ~ere mentioned, but the possibility of dumoing in manholes was considered too. Mr. Russell agreed this co~d be a cause. ~myor DeLong clari- fied that this was a supposition sad ~. Russell agreed, Mr. Wallace questioned whether they were able to pinpoint the days these surges occnrred. Mr. Russell replied that it seemed to happen about every two weeks, but not with a specific spacing of frequency. The City persor~el have been runniD~ tests to dete~mine the problems. The City may have had this Droblem in the past, but the infrequency of the tests possibly did not show it. Since April I, the strength has gone over 300 on five separate days. ~. Wallace asked if they could pinpoint the 8_~ea and Mr. Russell replied t~at they must do this. Mayor DeLong asked if it was oossibls to determine what the substances were and Mr. Russel~ replied that they would do this. Me. or DeLong clarified that then we are on the job to resolve this situa- tion and Mr. Russell agreed, adding that Palm Beach County also agreed. PUBLIC ~ARING Parcel - .~B_~NDONMENT - 190.50 ft. of N. E. 8th Ave. (Orange St.) as measured westward aleng the North R~ from the West R/~$ of N. E. 3rd St. (Australian Blvd. ) including Rights of Way and Easements. - 4- MI~JTES OF P~EGUI~ CITY COUNCIL MEETinG OF TEE CITY OF BOYNTON FLORIDA, HELD AT CI~~ HALL, TUESDAY, MAY 7, 1974 Right of Way to be abandoned is 40 ft. wide, and is in the Plat of A~RDEN PARK S/D, Recorded in Plat Book 2, Page 96, Palm Beach County Records. Mr. Kohl referred to his letter for the agenda advis~-~g that all .departments involved _have ~'no objections". Florida l~blic Utilities, Florida Department of Transoortation, TelePrompter Cable TV, Southern Bell and Florida Po~er and Light all indi- cated they have "no objections~. Also, please find attached Minutes of the I~anning & Zo~g B~. Regular Meeting held on -~pril 23, 1 974, indicating they recommend their approval of this request to the City Council. Mr. Kohl respectfully re- quested approval of the above so that we may take the neces- sary action to turn this property over to the Child Care Center having a Lease Agreement drawn up by the City Attorney, after second reading of the Ordinance. Mr. Simon read Resolution No. 74-Q -- A Resolution of the City of Boynton Beach, Florida, vacating and abandon~ug certain p~blicly dedicated rights-of-vzay and utility easements, etc. Mayor DeLo~g asked if anyone in the audience wishe~ to speak ia favo~ and received no response. Ee then asked if anyone in the audience wished to speak in opposition and received no response o Mr. Wallace moved to adopt Resolution 74-Q per the recommenda- tion of the City Manager. M~. Harmening seconded the motion. Mrs. Padgett conducted a roll call vote as follows: Councilman Harmentng - Aye Vice Mayor Roberts - Aye Councilman Strnad - Aye Councilman Wallace - Aye Mayor DeLong - Aye Motion carried 5-0. LEGAL Ordinances - 2nd Readin~ - PUBLIC HEARING Proposed Ordinance 74-tl - Re: Installation of Sid~wal~ by Builders Mr. Simon read Ordinance No. 74-1~ on second reading by caption only -- An Ordinance of the City of Boynton Beach, Florida, Amending Chapter 25 of the Codified Ordinances of Said City by Adding an Additional Section 25-14 to Require the Installa- tion of Sidewall~ in Conjunction with the Construction Here- after of ~uy Building or Struct~ure and to Pay the Cost for S~ch Installation; Providing for Authority to Codify, Savings Clause, Repealing Provisions, ~u ~f~ect~ve Date and for Other Purposes, etc. -5- MINU~S OF REGUL~.~ CITY COUNCIL ~ET~G OF ~ CITY OF BOYNTON BEACH, FLORIDA, B~LD AT CITY HALL, TUESDAY, MAY 7, 1974 Mayor DeLong asked if anyone in ~e audience wished to speak in favor of this ~ ordinance. Mr. Simon Ryder stated his name and his address as 2379 13th Ave. 5e stated he was most heartily in favor of this ordinance, but would l~e to bring to the Coumcil's attention the need for this ordinance was brought to their attention by the Leisureville Group requesting a pavement from the project to the Winn-Dixie Shopping Center. At that time, the abutting om~er was asked to put the sidewalk in. Since the abutting property is not improved and will not be for q~uite awhile, we probs~bly won't see any sidewalk for quite awhile. Mr. Ryder continued that he had drafted an amendment and dis- tributed copies to the Co~cilmembers and City Attorney. Mayor DeLong questioned whether it would be in order to t~/~e action on an amendment when adopting an ordinance. He ques- tioned also whether Mr. Ryder sho~ld come back at a later time to submit his request. Mr. Simon clarified that the ordinance is being presented on second reading and can be amended if it is not a substantial change in the text or content of the ordinance itself. Mayor DeLong questioned whether ~@. Simz~ had seen a copy of the prooosed amendment and Mr. Simon re- plied that he believed he ~ad a copy. Mr. Nallace stated he did not know what l~. Ryder was speaking about as he had not seen such an amendment a~ud would not wish to act on it this evening. Mr. Ryder stated that about two weeks ago, he left copies at City Hall for all the Members of the Council. Mr. Kohl asked where these copies had been left and R~. Ryder re- plied that he had left them with Mrs. Padgett's assistant. ~yor DeLeng continued ~hat he believed he had seen the pro- posed amendment, but dis not ~ow if the other Members had. He didn't believe it would cause ~y injury if they held up on this. On short notice like this: it would not be %he pro- per thing to have the Councilmen read the amendment and act on it. Mr. Ryder stated that he agreed that it should be given some thought. He continued that he had no objection at all to approvi~ at the second reading, providing the amendment is considered. Mayor DeLong replied that he had this right and continued that he had received cooperation in the past and there is no doubt you will have it in the future. Mayor DeLong asked if there was anyone else in the amdience wishing to speak in favor of this ordinance and received no response. He then asked if anyone wished to speak in oppo- sition to this ordinance and received no response. M~. Harmening moved for adoption on second reading of proposed Ordinance No. 74-11. Mm. Roberts seconded the motion. No discussion. Mrs. Padgett conducted the roll call vote as follows: -6- MINUT~ OF REGULAR CITY COUNCIL F~EETING OF THE CITY OF BOYNTON BEACH, FLORIDA, ~LDAT CITY HALL, TD~SDAY, MAY 7, 1974 Councilman Harmeni~g - Vice Mayor Roberts - Aye Councilman Strnad - Aye Councilman Ws~llace - Aye Mayor DeLong - Aye Motion carried 5-0. REPORT (Continued) Fa~yor DeLe~g ascerts~ined that ~tr. Rmssell had met fi~shed, hut termimated his report at 8:00 to accommodate the City Council for the Public Hearing. Mayor DeLo~g apologized, not having realized this and asked him to continue at this time. Mr. Russell indicated to the gentlem~en from the press and anyone else present, that the more publicity the City has with the unauthorized connections, the better. We care about solving the problem and want to get off the moratorium. Mayor DeLong asked Mr. Russell if he had amy press contacts in Tallahassee or Fort Lauderdale and Mr. Russell replied that he would be glad to use these too. Mr. Russell continued to the next item which was in refer- ence to the discussion about the proposed agreement with the City of Delray Beach. A report was presented last year rec- ommending certain improvements to your water supply and water treatment facilities. Oertain actions did take place, namely that you drilled one well and have a bid for three more. We are about at a limit of the present well field. We have preps~ed a test well drilling and have t~uree sites, which are west of the area. We will sit down with the owners to get their approval. That is the report of what is being done on the wells. Eight million gallons per day is the limit now. The Board of Health has given you until some time in 1975 to add softening to the emuisting facility. Obviously, we could not meet their deadline and do not want to get into a bind. ~. Russell stated his firm would like to be a~thorized to prego a final presentation to increase it from 8 million to 16 million gallons per day and add softening for the en- tire plant. This 16 million gallons per day will include softening after a high rate of filtration and subject to the Board of Health's approval and they will orobably allow the plant to expand with minor chamges to 24 ~illion gsllons per day. T~t is all at that site. These pla~ will take nine months to complete. ~ne cost is approximately 2½ mil- lion~dollars ~ and does not include further ~e_ls.~ He stated he understood the City's financial advisor is working on a plan. This matter has been discussed with the Palm Beach County Hea~th ~ ~m ~ requirements. ~epar~en~ and we are conforming wit~ their -7- ML%~UTES OF REGULAR C_TTT~ ~OC~CIL MEETING OF ~HE CITT OF BOYNTON BE~_CH, FLORIDA, HELD AT CITY HALL, TUW£DAY, -MAY 7, 1974 M~¥or DeLong clarified that when it did come, this would be the main water treatment plant of Boynton Beach getting up to a capacity of 24 million gallons per day. He continued that he thought it would be appropriate in developing these plans that there was a separatio~ of the ~lic Work~ and Deoartment of Public Utilities° It appeared to him that there is~room to include a wareho~e and facilities for people who are em- ployed in that department and get them away from the present place. N~. Russell agreed and added that they have done this for a number of communities. Mr, Roberts s~ked if the City was forced to go into softening of the water and Mr. Rmssell reolied that the ~ta~e did re- quire it in the southeastern three co~ties of Florida. Mayor DeLong added that as long as he has been here, he has had close contacts with water treatment plants and they have been doing this for years. Mr. Russell agreed and stated that it ~s now required. Mayor DeLong referred to the suggestion of getting all the facilities at one location, which would be a saving to the City witkout r~.ning back from o~e plant to the other. Mr. Harmening stated he had no objections as long as there was adequate space. Mayor DeLong stated he had done some work and received a plot plan and was sure there is enough space. This is an economical move. Mr. Wallace re~ked he would not hesitate to go along with it, as tong as it was isolated from the rest of the studies~ so we can see the exact cost factors. The proposed total cost to this community within the next ~en years i~ going to exceed the 20 million dollars and possibly require Federal funds to go along with it. The public ~ust be aware of the total picture as far as South Florida is concerned in this area. Mayor DeLong added that we are going to have to do some pencil sharpening if there are no grants given to water systems, only sewer sys,temso M~. Russell stated that the needs are vast ~uud considerable and cannot be absorbed and cle~ water is a must. M~. Russell informed the Co~-ucil he had no particular reoort in reference to the 92-500 Program, except that the City-is on the priority list for f~,~-uding. There will be a meeting in Tallahassee that ~ will attend and if your City Manager could attend, ~ ~ ~ ~ woulo, be appreciated. Mr. Kohl stated that he had e~r~ady made reservations. LEG~L (Continued) ,~dinances, - ~st -~eadi~q MI~JTES OF REGULAR CITY COUNCIL MEETING OF THE CITY- OF BO_VNTON BEACH, FLORID.~, HELD AT CITY F~LL, TUESDAY, I~Y 7, 1974 Proposed Ordinance 74-.1.3 r Re: Prohibit~n~ Litterin~ Mr. Simon read Ordinance 74-13 on first reading in its entire- ty -- An Ordinance of the City of Boynton Beach, Florida, Amending Section 17.41 of Chapter 17 of the Codified Ordi- n~uces of Said City to Provide Broader Provisions Reg~_~ding Littering; Providing for the Authority to Codify, Savi~s Clause, Repealing Provisions and for Other Purposes, etc. Mr. Harmening moved for adoption of 0rdinsmce 7'4-13 on first reading, seconded by Mr. Roberts. Under discussion, Mr~ Strnad stated he did not wish to contest the Ord~ua~ce, but referred to Section G and asked if there was some way to make sure a t~paulin or t~ilgate was used. Mr. Simon clarified that the key words were ~'if necessary". If a tailgate will su£fi~e, then a tarpaulin would not be necessary. The nec- esssLry device must be provided a~ud it is the duty of the oper- ator. A tarpaulin is not required in all cases and if you wish this, it would have to be changed. Mayor DeLo~g ques- tioned whether he felt all should have t~paulins. Strnad replied not necessarily, but there have beem numerous violations in the City with truck~ travelling at ~ exces- sive amount of speed ~ud scattering debris. He stated he believed ~mXLess the speed of the trucks could be controlled so they won't discharge whatever they s_we carrying, he be- lieved it womld be necessary to have a tar-oaulin. Mayor DeLong asked if he had considered a windy ~ay and Mr. Strnad replied that would also be another reason. Mayor DeLong questioned if there was any reason why all trucks could not be required to have tarpaulins and added that he had had broken windshields from sand and gravel. ~. Simon stated that this would have to be enforced by the Police Department. Some cases would be ~ureasonable, such as a pickup truck with Just one crate of oranges. Mayor DeLong stated that then ~. Simon believed it was sufficient as it was to enforce the ordinance an~ asked for other comments. Mr. Wallace stated he agreed with the intent, but asked if the City presently has a uniform trash pickup schedule. F~. Kohl informed him that they did not at this time. Mr. Wallace stated wo~d it no~ penalize the individual home- owner, since they could not comply, since the City does not have the facilities to comply with regular schedules. Mr. Roberts stated he ~had no discussion and felt it was equitable. Mrs. Padgett conducted the roll call vote as follows: -9- MINUTE~ OF REGULAR CITY COUNCIL ~ETING OF THE CITY OF BOYNTON BEACH, FLOR_fDA, BELD AT CITY H~_LL, T~JESDA¥, MAy 7, t974 Co~u~cilman Harmening - ~je Vice ~ayor Roberts - Aye Gou~uci~man Straad - Aye Gouncilma~ Wallace - Nay Mayor DeLo~g - Aye Motion carried 4-1. .Mayer DeLong excused n~_mself to discuss some important matters with the Comsulti~g Engineer s~d turned the gavel over to Vice Mayor Roberts at 8:40 P.M. Resolutions Proposed Resolution 74-S - Re: Price Change for Boynton Beach Memor!al Cemetery ~ Mr. Simon read Resolution 74-S in its entirety - A Resolution of the City of Boynton Beach, Florida, ~mending P~ices for Cemetery Lots ~ud for Other ~poses, etc. Vice Mayor Roberts questioned if this w~ submitted by the Cemetery Board with a letter of request and Mrs. Padgett stated that it was submitted t.~rough the Minutes. Mr. ~mening moved for the adoption of Resolution 74-S, seconded by Mr. Wallace. No discussion. Mrs. Padgett con- duct~d the roll call vote as follows: Councilman Harmening - ~ye Vice Mayor Roberts - Aye Councilman Strnad - Aye Council~man Wallace Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Resoluti,n 74-T - Re: Permit to Withdraw Water - (~lo~ Control District) N~. Simon read Resolution No. 74-T in its entirety -- A Reso- lution Authorizing and Directing the Mayor er City M~mager of the City of Boymton Beach to M~d~e Application for Permits and Supply Related Information to the Central and Southern Florida Flood Control District, etc. Mr. Harmening moved for the adoption of Resolution No. ?4-T, seconded by Mr. Roberts. No DiscUssion. ~L~s, Padgett con- 'ducted the roll call vote as follows: - 10- MINUTES OF REGULAR C!T¥ COUNCIL ~_~ETING OF THE CI_~Z_ OF BOY~TON BEACH, FLORIDA, ~D AT CI~ HALL, ~ ~ ~- ~U~SDAY, ~Y 7, 1974 Councilman Harmening - Aye Vice Mayor Roberts - ~ye Councilman Strnad - .&ye Co~mcilman Wallace - Aye Mayor DeLo~g - ~e Motion carried 5-0. Proposed Resolution No. 74-R - Re: Request of Del~a ~.~s Mr. Wallace made a motion to delete this item from the agenda, as far as overall government and the request of Delta Air- lines and their asking ~or a Resolution, Mayor DeLong re- spectfully requested enlighteo~g the Councilmembers that didn't have prior information about this. The County League has gone on record ~ud several cities have adopted this Reso- lution and it was only offered to us to pick it up by the County League. Mr. Wallace stated he was well aware of the intent of this Resolution, but did make a motion. Mayor DeLong ascertained that the motion died for lack of a second. Mr. Earmening suggested ~L~adi~ of the Resolution and then discussing it. He continued that in a certain respect he did agree with Mr. Wallace, hut rather them deleting it, he thought it should be read ~d~discussed. The correct lettering o£ this Resolution was discussed and it was discovered the letter R had teem omitted, so this Resolu- tion was given the letter R rather than following with U. ~. Simon read Resolution No. 7'4-R in _ts~ entirety -- A Reso- lution of the City Council of the C~ of Boynton Beach, Florida, Supporting the Proposition That Delta Air Lines, Inc be Permitted to Proceed with ~ * ~ · ~ons~ruc~on of the New Passenger Terminal at Palm Be~ch International Airport: and for Other P~rposes, etc. Mr. Wallace made a motion that Resolution No. 74-R be turned down. M~. Harmening stated that rather than see Mr. Wallace's motion die for lack of a second again, he seconded it for a chance of discussion. Under discussion, ~. Strnad stated that in view of several cities recommending this, he was in favor of~.~* Mayor DeLong added that it would defray the cost of parking. Mr. Wallace referred to impact studies that have been made and whether this specific airport is going to be abandoned. Ee feels in this particular instance, it is out of the jurisdic- tion of the City. Mr. Harmening remarked that it was due to the people living near the airport wanting to see it moved. MINUTES OF REGULAR CiTY COUNCIL MEETII~G OF ~ CITY OF BOYNTON BEACH, F~,.ORLDA, HELD AT CITY HALL, TUESDAY, MAY ?, 1974 Mr. Harmening continued that in reference to the impact study, he ~-uderstood it we~d be ready for review in a short period of tLme and he was a little reluctant to vote for this as it would appear that the County is waiting on Delta to see what the study revel. He stated that i~ several respects, he did agree with Mr. Wallace and didn,t feel it was'really the City,s place to advise them on this matter as it does not directly affect th~ citizens of Boynton Beach, but does af- fect them indirectly i~ their pocketbooks. Mr. Wallace stated just as a point of information for clari- fication, the League ef Municipalities will sometimes say they agree or disagree. It seemed to him a little pathetic when the League supports something like this and we are being forced to go into a County police radio. Mayor DeLong stated that the Leag~e was also against that. Before taking the ~oi! call vote, Mayor DeLong Dointed out that a vote Aye wo~ld be a vote for the defeat of the Reso- lut_e~. Mrs. Padgett conducted the roll call vote as fellows: Councilman Harmening - Aye Vice Mayor Roberts - Nay Councilman Strnad - ~ay Councilman Wallace - Aye ~$~or DeLe~g - Nay Motion defeated 2-3. ~. Roberts moved for adoption of Resolution~ No. 74-R, seconded hyMr. Strnad. Under discussion, Mr. Harmening stated in order to he consistent with his feelings, he would vote the other way. Mrs. Padgett conducted the roll call vote as follows: Councilman Harmening - Nay ~ice Mayor Roberts Aye Councilm~ Strnad - Aye CouncilmanWallace - Nay Mayor DeLong - Ay~ Motion carried 3-2. Other G.gnsider L~e~ase Agreement W/P.B. Co. Se~ool Bd. M~. Kohl read the letter from the School Board ~ated April 26. Mayor DeLeng then asked the City Attorney for a legal opinion. ~. Simon replied that technically the legal description needs to Be corrected just in the spelling of the subdivision. There is also a question on the term of this lease. He stated - MINU~S OF PxEG~V~AR CITY COB/~CIL ~ET~G OF TKE CITY OF BOYNTON BEACR, FLORIDA, HELD AT CITY HALL, TUESDAY, ~L%Y 7, 1974 he had t~lked to Mr. Lockman of the School Board. It was thei~~ idea of a one year lease for fo,&r years or a four year lease. He stated he had also requested Mr. Lockman to insert something in this to protect the City from any liability. This should be included in their general liability coverage since it will be used by them; bnt in fact, we are the land- lord a~ud possibly exposed to such. Mr. Simon recommended the legal description be corrected and the term of lease designated. Mr. Wallace stated he thought the City is losing a couple of good arguments as there are some questions about the right- of-way in the South Technical Center. He stated he would like to see the lease on a one year basis. Also, it should be noted that we are interested in this pa~ticular piece of property if and when this school is phased out. He stated he would like to ses that the City is .the recipient for this piece of property. Mr. Wallace moved to proceed along the lines to bargain with the School Board concerning the right-of-ways and on a one year lease~ without f?rther~mmitment. Mr. Harmentno seconded the motion. Under discussten, Mayer DeLong stated he was in the City Manager,s office when the gentleman, who was the Mayor of Gulfstream, was there and involved in the right-of- ways. He stated he could see where there could be a consum- mation of this particul-~_~ program. Motion carried 5-0. Co~sider Reg, uest of ~nomas G. Purdo~ Attorney for Louis Preiditch Mayor DeLong requested that before o' - g ~ng into this order of business, that as a friend he was a little tipped to hear that this particular client was investigat'~zng him as he has been in prison. The man is correct. He stated he was in prison for eight years, not as a convict, but as a oubllc servant and cotu~llor, Shield No. 27, Hudson County, Ne9 Jersey. Mr. Tom Purdo stated his name and that he represented Mr. Louis ?reiditch. First he stated that he had no ~owledge of what the Mayor made reference to. He stated he was re- presenting Mr. P~eiditch in ~eference to a rehearing for a request for a buildi~g permit. He stated he would like to give a very short background leading up to '~hen his permit was denied and also exolain whatever delay there was, He also des_red to enlighten the Council about why things oc- curred and provide the a~Jers. He stated he believed ~ they had this information, the Council would come to a dif~ ~-~-~ e~ decision. He first referred back to February, ~973 when the building permit was approved and the first bnilding was~completed in }~ay, 1973. The bmildings are for rental as it was to~ close to the railroad for condominiums. After completing the first - 13- MINUTES OF REG~LAR CITY COUNCIL MEETV~G OF ~qE CITY OF BOYNTON ~ACH, FLORIDA, ~LD ~_T ~v C~_z HALL, T~SDAY, M~.Y 7, 1974 building, the tight money ma_~ket came down. T~s is a problem that everyone ~ had. Approximately ten months later, in February, 1974, he made application for the building permit by contacting the city offices and was informed he would need a septic tank since the moratorium came into effect. On March I1, the septic tand~ was installed. On April 2, 1974, the perm_it was denied aftsr a lengthy discussion. Apparent~z back on March 5, there was a memo sen~ from Mr. Barrett to Mm~. Kohl stating my client's project was not a continuing project and therefore should be ~enied. He stated he could no~ find a definition for continning project, but thi~_k it should mean someone completing as fast as he could. M4v ~lient came into this tight money si~matien and had no time limit imposed criginal~_y and was not aware of a 1Lm~tatio~ and did not F~ow certainly that ten months was too l~ug or just what the guideline was. ~ client continued to seek fin~a~cing and when he finally obtained mt, the septic tanm approval was denied. Perha~usMr. PreiditCh was remiss and did not proceed as fast as he could and just wanted to sit back on the old zoning. However, if that was ~is purpose, it wo~ld not be logical with the cost cf building materials continually rising. ~y delay, he would in no way enhance his project with the price of building materials. If the Council sees fit to grant this permit, it would increase the tax base of the City, rather than having vacant oroperty. My client will guar~utee that the entire project-will be completed in 14 montha. Sitting back did not do any good for my client with the cost of building materials, but he was just trying to acquire financing. He continued that he was just presenting the facts of the delay and still did not know what a continuing project is. He asked the Council to t~e these matters into considera- tion. He is making a nice project and has others in sur- rounding areas. He already has One building and has slo~nt a great deal of money getting sewers realigned, etc. and sought the proper permits and okays from the Council and Building Department and for those reasons would llke this reques% reconsidered for a permit to continue his project. If you would like to put a time limit on it, hs would be happy to comply. Mayor DeLong stated he was advised that Mr. Purdo,s prime purpose here this evening was to solicitate from us~ what we thought a continuing project is. He stated it was his personal feeling that ~ ~ was one that is uninterm~ted by the lack of funds to continue, i'~. ~do reolied that he was merely here to approach the Council and ~resent the entire facts. ~ - MINUTES OF REGUL~M CITY COUNCIL ~ET/3~G OF T~E CITY OF BO~NTON ~ACH, FLORIDA, HELD AT CITY _W~LL~ T~SDA¥, MAY 7, 1974 May.or~DeLong stated they would first call on ~ne Building Official ~o review the hat,round of this and then would hear from the City Manager and Comacilmem~ers. ~. Barrett asked Mr. ~do if he had a copy of ~ ~ ~I~S me~o to He sta~ed he did not recommend deni~ of the Dermit~ j~t requested the Co~cil,s action. Mr. ~rdo replied that he was sorry if h~ had s~d this. He stated he w~s as~ng the def~ition of a c~ntinuing project. Ee cent~ued tha$ the ~ ~ c~rc~ces ~e is placed in ~ow with one building try~g to get fin~uci~, reg~less of the definition, But t~e ~he facts n~ ~u reg~ds to his client. Ee stated he ~id not mean to _nd~ct~ ~ a~v city empleyee~ He apologized aEai~, stating he was ~orry if h~ did s~~ this. ~. ~rrett stated ~hat the statements ~ give~ by ~. ~rdo i~ reference to applications for ~r~ts, etc. ~e correct, but that he had requested the City Co~cil to cl~ify a contin~ng project ~ ~. Eo~ stated that he questioned why M~.~- ~eidiSeh did not s~ a~oth~r bulldog for ten months and in that time, a density or~n~c~ was passed ~d also the moratoria. !~- much ~ building ~ ~ ~ permits ~e allowed to be 90 d~s, he had reco~nended to the CitY Co~cil that it b~ turned down. M~or DeLong stated that he believed the Ce~cil ~d abide by that reco~endation. He stated he would like to find out if there ~e ~ thoughts or reconsideratlo~ from the cilmembers ~ Mr. Roberts questioned with reconsideri~ did it mean to allow the d~nsity which was oreviously allowed. He con- tinued that he recalled when-the new resolutio~ for the new density was adopted, there were at least Six ap~_ica- tions and it was a question of allowing them to continue ~uder the old de~si~v~,~, or allow them to go ahead. Mr. Preiditch,s application was one of these. He stated that once the permit was grouted, it seemed to him that he did net have t~ act~ only at his convenience. It seemed to him that the others receiving their permits under the old den- sity went right ahead with construction, but one was fouled up in the wells or some reason in good CS£dse ~nd he came to the Council st t~ a ~ng that he could not proceed. ~. Roberts stated he was not trying to down anyone, but ~. Preiditch received the affi~mative to go ahead ~nder the~ old ~ens~ty ~ an~ did not act. It seemed to him that they would be making an exception in this particular case. - MINUTES OF REGULAR CITY COUNC~ ~ET~{G OF ~ CITY OF BOYNTON BEACH, FLORID~ ~ HELD AT CITY P~!LL~, TUESD~Y, ~Y 7 ~ 1 9?4 Mr. Harmening commented at the time Mr. Preiditch was here a few weeks ago re~uestlng continuing ~ project at the ori- ginal density that he stated his reasons for net being able to continue were hardshios~ etc. He stated he ha~ voted for Mr. Preiditch and believed the vote was 4-I. Ne still felt he should have been allowed to continue. Mayor DeLong com- mented that he would then not be in a position to reconsider. ~. Wallace stated that inasmuch as at the !~st meeting when this came before the Go~cil, he thought there were two mem- bers the. t spoke against it and consequently, he made the motion to deny it. He stated he thought they must establish whether this project was completely abandoned in that period of time. Basically in the beginning, the problem was the density. Ne stated he disagreed with the density, but whether we can come back on it and renege on it establishing the basis for abandonment. He referred to a similar consideratio~ given a shopping center recently. ~. Strnad stated that being a personal friend of ~r. Pr-eiditch, he felt it would be un. fa~~ to vote at this t~_me. It would be a conf,_ct of interest for him to vote~ Mr. Wallace made a motion to grant the permit, seconded by Mr. Harmening. ~nder d~scuss~on, Mr. He~enln$stated ~ was acceptable ~nder the moratorium to buzld Wzth septic tanks. He continued that it seemed to him that before a Member of the Council could claim a conflict of interest and abstain from voting, the conflict should be real. He did not believe any conflict existed unless there is an actual financio~ arrangement or such as this involved. If Mr. Strnad is financially involved in the project, he would not disagree, but merely because he is a personal friend, he did not think he should abstain. Mr. Wallace added that he was employed by the School Board. He has gone in m~y times and discussed with Mr. Simon and other attorneys referring to conflicts of interest. Mr. Wallace stated he did not be- lieve Mr. Strnad would be in any conflict of interest. Mr. Simon clarified that baeice~ly a conflict of interest is pretty m~chas ~. Harmening outlined it and must deal with a real involvement more than perso~l friendship. He stated there was nothing that he had heard tonight to believe there would be a legal conflict of interest. Mr. Roberts stated that if there was a friendship or no friendship, you must do yo~ job. ~. Strnad questioned if the grandfather clause would be con- sidered in this particular instance. Mr. Barrett reolied that he didn't ~ow if the grandfather clause would ~nter into this thing at all. It is just up to Council whether to decide to let ~@. Preiditch build under the old density or the new density requirements. Mayor DeLong stated it - 16- MLNUTES OF REGULAR CITY COUNCIL MEETi/~G OF THE CITY OF BOYNTON BEACH, ~w~ORIDA, HELD AT CIi~f iqALL, TUESDAY, ~Y 7, 1974 should ~e considered whether to enforce the density ordinance based on when this was originally applied for. F~o Harmening stated that there is a doctrine referred to grandfather clause which relates back to something started prior to this. Our density ordin~u, ce does not contain a grandfather clause, but depends upon the interpretation. ~. Harmening continued that he had no more interest than anyone in increasing the density. ~e believed the reasons presented tonight and. when Mr. ~rdo demonstrated that Mr. Preiditch had in all good faith est~olished his position. Mayor DeLong clarified that this has been an actiom that has been taken before and we are now going to reverse it. ~,~. Simon clarified that when stating a orevious action, he meant the granting of same. -Mayor D~Long stated that they had acted upon recommendation. Mrs. Pa~ge~t conducted the roi_ call vote as follows: Co~ncilmem Harmsning - Aye Vice Mayor Roberts N~y Councilman Strnad Aye Councilman Wallace Aye Mayor DeLong Aye Motion carried 4-1. M~. ~rdo asked for direction from the Council, asking whether he had to file a request for rehearing, Mm. Wallace replied that all he had to do was apply for a permit. ~yor DeLong clarifie~ that the motion to reconsider is a vote in favor. You have a victory here this evening. ~nssell & ~xon ~Continued~ Mr. Kohl stated that ~. Russell did not get a vote of action to proceed with the water plant. Mayor DeLong stated he would -orefer to have this in writing to present to the Coun- cil. hr. Harmening stated that the recommendation is part of the minu~es of this meeting and he personally did not see why they could not act on it at this time. ~-~. Harmening moved to instruct the City Consulting Engineers, Russell &Axon, to proceed to draw up plans ~ud specifications for improvements to the water treatment plant to be followed up by a letter of recommendation. Mr. Strnad seconded the motion. No Discussion. Motion carried 5-0. Consider Revised Construction Agreement with Rubin Construc- tion co. MINUTES OF REGU~dl~ CITY_ COUNC~ MEETLNG OF ~ CITY OF BOYNTON BEACH, -~-%ORIDA, ~LD AT CITY HALL, TUESDAY, ~i~Y 7, 1974 ~o [~ohl referred to his letter for the agenda in reference to street repairs and the street resurfacing program and also a letter from Rubin Construction Company explaining about high prices. He stated that as all were aware, prices have gone "sky high". He did investigate two other companies smd tried one on a very small job~ but learned that his work was we=~ done. Yo~ consideration to o~ve some relief to Ru~in Construction Co. regarding this request se that we may proceed with this project, will be very much appreciated. He checked regard~ the construction agreemen% an~ one identical to t~s was just signed with Lake Worth and the prices are the same as the State, County, and other cities in the a~ea are receiving. ~o Earme~ing moved to proceed with the agreement, seconded by ~Lr. Strnad. Under discussion, Mr. Wallace just stated he was glad to see us getting back to the asphalt bed. Motioncarrisd 5-0. ~.onsider Lease for SSack Bar at Munici.Pal BeaQh Mr. Kohl explained that these are the same people ~ ' ~a~ are leasing it and are doir~ a real good job. They are very concerned about ~ ~-* ' ~ ~ve~y~hzn~ going on. Mayor DeLcng commented that this ~ _s long overdue and they have lived up to their agreement. Mr. Narmening moved to renew the lease, seconded by Mr. Strnad. Under discussion, Mayor DeLong stated the motion was based upo~ rose,ch by the City Manager. ~,Wallace questioned if the City received any agreement from the County in reference to extension of the beach. He stated this was a five year lease andwe should find out what direction we az~e going in. He stated he would like to see a one yes~~ lease. Mayor DeLong stated that he believed we should side- step as long as we can from assuming the responsibilities of that beach from the County. The beach is contiEuous to our beach and there is no reason why the peoole beach will not have access to it. He stated he thought it was quite fool hardy to .... ~ purcnas~ a oiece of beach where you have no parking facilities, al~no~gh the County did act in good faith with attempting to acquire land on the west side of A1A, but the City of 0ceanRidge turned it durum. He had hoped that the City of Ocean Ridge would go along and we could go along with several parcels we have on the west side. ~ais particular item of land will stay in the natural state. He thought this City would be foolish in wasting the tax- payers, money to provide facilities. Mr. Wallace stated at the same time, he wa~ not readY to accept that.esponsmezlmty,'~ but this is a o_oolem~ ' ~ne'~ City may have to face. When this is opened up, ~hsre will Be more people going to be ~msing the - MINU~S OF ~Gu~AR CiTY CuU-,~C.L~ MEm.~iti~= ~E CITY~ OF BOYN~N BEACH, FLORIDA, HELD AT CITY HALL, Tb~ESDAY, MAY 7, 1974 beach. Why not raise the 2% being paid the Lesser? We also have the lifeguards a~d if somebody does not do some- thin~, what is goiag to happen if someone goes ove~ in that unprotected area of beach? Somebody has got to assume the responsiblity somewhere. He stated he was a~king for a one year lease on this Basis, just until this is ironed out. Because of the things involved and we do have the parking facilities required, etc. He stated we should do something and not just sit. carried 4-1, with Mm, Wallace voting no. Mayor DeLong ar~uou~ced that a recess had been requested at 9:50. Mayor DeLong called the meeting back into session at 10:00. OLD B~S~NF=8S ~osts for Paving & Draia.age - N.~. ~th...Street (TABLED) I¢~. Kohl requested that until he got more informmtien on this, to please delete it from the agenda. Mm. Wallace moved to delete this item, seconded by _Mr. Harmening. Motion carried 5-0. Declaration of ~ntent to Annex - The Meadows ~. Kohl referred to his letter for the agenda referring to this. He stated that attached were the Minutes of Special Meeting haid by the Planning & Zoning Board on Ms~ 1, t974 to consider this request, which is self-explanatory. Also, inasmuch as this file is rather bul?~, it was necessary to place all the information in the back ef your Agenda Book~. We have forwarded this information to the City Attorney this date and requested that he prepare an Ordinance for ~Declaration of Intemt to Annex~ - for The Meadows. Mr. Wallace requested one clarification that in looking at this, it is listed as a P.U.D. concept and P.U.D. project. Major DeLong~n~ounced that several representatives from ~e Meadows were present in the audience to answer any questions. Mw. Robert Sullivan stated his name and that he represented The Helland Company. He informed the Council that presently they were zoned im the County as a ?~U.D. develbpment. We presented a copy of our zoning ordinance when this was passed by the County a~d have a letter stating we have complied and a letter of vested rights. - 19- MINUTES OF REGU ~L~R CiTY COUNCIL M~ETiNG OF T~ CITY OF BOYNTON ~EACH, FLORIDA, ~LD AT CITY PL~LL, TUESDAY, MAY 7, 1974 ~yor DeLong stated that some question has been raised about a P.U.D. ordinance mhd he believed one was being drafted. M~. Wallace added that he believed the CoUntY has.omeo ~. Barrett imfermed the CoUmcil that the Planing& Zoning Board working on one a~d it Will Be acceptable for all projects. ~. Wallace asked if then Dresently there is nothing, not that peopl~ will object ~o the project, bnt the P.U.D. Mr. Barrett replied t~hat they were working on it~right now and will have a P.U.D. Ozdz~zsmce ready in~ne~ i~ediate future. N~. Wallace madea motion to accept the recommendation of the Plar~ui~g & Zoning BOard for the ~n~ent to annex The Mea- dows imto the City as a PoUoD. concept. Mr. Marmening seconded the motion. Under discussion, Mr. Roberts ques- tioned whether zoning was included in this particular annexa- tion end ~or DeLeng clarified that this was the intent of anne×ation~ The plat would be submitted after e~exation. Mr. Simon stated the declaration of intent would presumably be pubz~shedan~ passed a~ud then go Before the Piano, hug & Zoning Board and it would include whatever is recommended b~ the City C~ucil~ M~yor DeLeng pointed out that it was jmst an intent to annex. Mr. Roberts stated that another piece was adde~, Knollwood Groves and M~ver DeLong agreed, stating it was all contiguous. Motion carried 5-0. F~. ~imon read Ordinance No. 74-14 - An Ordinance of the City of Boynton Beach, Florida, Declaring the Intention ~f Said City to ~tend Its Municipal Territorial Limits by the Annexation cfa Certain Unincorporated Tract of Land Con- raining Less Than Ten Registered Voters, Lying Contiguous Thereto a~d Within Palm Beach Co~ty, Florida, To Wit: Thre~ Parcels of La~ud in Sections 7 and 8, Township 45 South, Range 43 East, Palm Beach County Florida, More Particularly Described Hereinafter; Redefining the Boundarie~ of Said City to Include Said Land; Repealing all Ordinances or P~ts of Ordinances in Conflict Herewith; Providing for Savings Clause, Repealing ~ovisions ~d for Other Purposes, etc. ~. Wallace moved for a~o~ ~on of Ordinance 74-14, Intent of Annexation. ~r. ns~m~n~ng seconded the motion. Mrs. Padgett conducted the roll ~ ~ · ~a~_ vote ~ follows. Councilm~ Harmening - Aye Vice Mayor Roberts - Aye Councilmen Straad - Aye Councilman~allace - Aye Mayer DeLong - Aye Motion carried 5-0. - 20 - MI~JTES OF REGUL~iR CI~_~Z COUNCIL ~ET~G OF ~E CITY OF BOYNTON BEACH, FLORIDA, ~LD AT CITY ~LL, TUESDAY, ~Y 7, 1974 Clarification of. Annexation (Co~aucilmauForrest Wallace) ~. Wallace stated he would like to clarify erroneous re- ports published in the paper. It is not our intent to ~unex west of the turnpike and one paper stated that DeBartolo would not come into the City and this was not correct. What is intended is a presentation to the possibility of~anne×ing those properties that lie east of the turnpike. All of the low density factors that have been presented by the County and State have been presented. Some areas lyi=g east of the t~npike would not be included in this pa_~ticular annexation and t~s will be published. People should note their full legs~ rights, so they may fight this. We were asked speci- fically to gra~at something as far as the growth factors in this area and this Co~uuty. Illustrations of growth factors are private residences backing up next door to P.U.D. type zoning, which have four and five story buildings. It is ~ot my intent as an individual to have these things happen. We must have a control to know what road we are going. If at this time, the City feels it is not at its best interest to do the zoning and because of the growth factors, we should send this back to the County. I would like to hear people from the audience in reference to ~unexation. Mrs. Virginia Hayom stated her name and that ~he lived on the west side of Military Trail. She stated t?~t she thought the City had enough problems. She stated that the country people have their problems solved. We have good water, h~2¢e our horses, c~ go barefoot, etc., please leave us alone. Mr. Roberts stated that this is the second time this has come up ~ud everyone has become alarmed. He cle~ified that he stated at the last meeting that the only thing the City might be interested in is the vacant ls~d and that's as far as it has gone. ~. Jabos Love stated his name and that he was~building a home in West Boynton. Ee informed the Council that he bought the property because he wanted to be ~u the co~uutry and also because the home he owns in Lsdme ~orth Hills is subject to the whims and fancy of a private utility comps~yo At present, up ~mutil Me~ t, it cost me $33 a month for water. I knew they were going to do this, so I bought this land to b~ld a ~ew home. It is fine if you ~annex, but how soon is it before we get into a city sewer and water system? Mayor DeLong replied that if the City were going to annex ~ud we are still waiting, it would go according to the procedure outlined by the City Attorney. We wouldn,t arbitrarily go out and t~ke everyone i~. - 21 - MINUTES OF _~EGb~n~ CITY COB~CIL MEETING OF ~qE CITY OF BOYNTON BEACH, FLORIDA, HELD ~_T CITY H~L, TUESD~.¥, ~L&Y 7, 1974 C ~. Wallace stated that he tried to state it was in everyone's legal rights to oppose. At this time, it is just a proposal. There should be maps drawn up and brought back to Council, there wilt have to be hearir~s, possibly may go before refer- endum, etc. If it is in the i~terest of the City to go that road and we are going to annex Im the same period of time, we should be able to answer your questions. This thing has been hanging fire. Mr. Love stated that it seemed to reason tb~t annexing as much territory as the City is talking about, they are goimg to have a lot of problems with water and sewers. DeLeng replied he didn't think it would be fair to the people if the City annexed and coul~ ~ot supply the se~ices. We are just bre~d~ing the ice on this and will discuss this f~r- ther in the near future. 'With ~r. Wallace referr_i~g to re- ferendum, this will probably be the road we will have to follow. .Mr. Donald Gordon stated his ns~e and his address as Bitt- more Terrace, we~t of Military Trail near the City Dump. He informed the Council that at this time, there were a lot more than three registered voters out there. Mr. Wallace informed him that this was just something that is coming up for study. If there are 25 people that come up and sign a petition against annexation, it will come up before referen- dum. Before it is done, everyone that is concermed will be completely aware of just what is being proposed, M~or DeLong clarified that the people in the City either vote for or against and the people outside do likewise. The people in the e~ea that is to be annexed also have the right to vote. M~. Gordon asked ho~ many people were in the City of Boynton Beach qualified to vote and Mm. Wallace replied about 33,000. Mayor DeLorg pointed out that this wouldn't over- rule him, it goes by the majority in your s~ea. It used to go by the farmer who owned acreage would have a vote for each acre. This does not prevail in your ~ticulal~ instance. Mr. Harmening stated for the benefit of the people in the unincorporated area to the west, he ventured to say that all of the area would not be annexed for some time. The reason the City Council is considering this move is not just to protect your interest, but whe~ these pieces of property come into the City and are next door to your home, you wo~mld very possibly be better protected by the zoning in the City of Boynton Beach than the zoning in the County. if a developer buys a piece of acreage immediately adjacent to you, this will be considered by the County as a single block and the type of construction that goes on there could nov be influenced much by you, but would possibly be heard more here if it was in the City. This is not necessarily - 22 .~NUTES OF REGUL~M CITY COUNCiL ~'~ET~G OF T~ CITY OF BOENTON BEACH, FLORIDA, ~MELD AT CITY ~LL, T~ESDAY, ~Y 7, 1974 true in every case. We would just like to see a more orderly development in the City and these pieces are coming into the City as they are developed. Mayor DeLong summed it np by stating there was time to work on this and he thought it would be advisable if nobody jumped on it. KEW BUSLNESS Consider Dates for ~ablic Hearings on Ordinance for Master Zoning Plan (Councilman Wallace) ~ouncilmanWallace stated that inasmuch as we are as far along as we are with the materials of the M~ster Zoning Plan, maps, overlays, etc., would it be possible for the City Council to se~ up a meeting? What we are looking for is how they are going to go about this. Do they plan to have one hearing or a hearing in each part of the City~ etc.? When will the complete package be ready. Mr. Kohl stated that he did have the ms. ps and overlays. M~. Barrett informed the Co~cil that there was still work to be done on the maps. They are good sized maps, He continued that he had talked with the Planning & Zoning Board Chairman, who regretted he was unable attend tonight, and they tried to arrive at a definite date an~ the earliest possible date would be for their meeting of June 11. There are possible corrections to be made on this thing and we must meet with the Council. We must advertise yet too. We are talking about J~ue ~1 for the Planning & Zoning Booed to have their public hearing. Mr. Roberts stated that before this is presented to the oub- lic, he assumed they would meet with the Planning & Zoning Board to ask qnestions, etc. He thought this would eliminate some things at a oublic hearing, Mayor DeLong stated that this is emticipatid and workshop meetings will be held be- tween the City Council and the Planning & Zoning Board. Mr. Wallace stated that they would not possibly be going into this thing until August. Mr. Barrett replied possibly in July or ~ugust. Mr. Barrett pointed out that the Planning & Zoning Board has worked very diligently on this and have put ~_n many ho~s and he also had to out mar~ honrs in it too. We are D~rsuing every effort to git this as soon as possible. ~. Roberts recommended sett~n~ u-o a ~eet~n~ ~.~*- ~ e.~ ~ zonmng to possloly compare and questmon. We have ~ ~ meetings in July ~nd August and must get this going now.~ ~. Barrett agreed and stated ~¥nen they did sit down, they could go ahead with the final draft. M~. Wallace remarked that he ws.s interested in getting this thing over with. - 23 - MINUTES OF REGUL~. CI~f COUNC~ ~ET~'G OF TF_E CITY OF BO-~TON B~.CH, FLORIDA, HELD AT C_IT¥ H~_LL, TUESDAY, M~Y 7, 1974 Consider ~ oilce ~ .... _ Aux_,±iar~ Unit (Councilman Strnad) Mr. Strnad stated that everyone was well aware, even in view of the fact our Police Department is doing a terrific job for us, they are very much understaffed and don't knew when they will catch up with the population growth. He stated that he had been tryi~g to find out what the thinking is about a Police Auxiliary U~t here. Mr. Strnad made a motion to recommend that the City Manager be instructed to t~/~e steps for a Police Auxiliary Umit. Mr. Roberts seconded the motion. ~der discussion, Mr. Wallace stated that before this went through, he woul~ like to see Ohief Huddleston state before the Council that this is he wa~uts and possi~]~lYm~t~Council~embers would have some questions. Mmyor D~Long stated taat it was a feeling of the Chair that the creation of the Police A,3xiliary Unit could be a policy set by the City Council. Mr. Wallace stated that he had some questions s~ch as just what is a Police Auxiliary Unit, what does it do, who will be the people in it, etc. Mayor DeLong asked P~. Kohl if he was acqua~uted with the formation of this in conj%~ction with the Police Chief amd would he be able to do this s~ quested by Mr. Strnad. Mr. Kohl replied that he has been acquainted with Police Au_~iliary Units and could work with Chief Huddleston and come back to the Council and present just what the Chief would want, etc. It would also be ac- cording to the State requirements. M~. Wallace stated that he would ask then that the City Manager makes such a recom- mendation when he comes ~ack before the City Council. Motion ca~ried 4-1, with M~. Wallace voting no. Con~_~e~ Request of Cemetery .Boar~d ~. Kohl referred to his letter for the agenda and the corres- pondence from the Chairm~.n of the Cemetery Board. He stated he was personally in favor of a mausoleum inasmmch as this will be the best utilization of cemetery property. However, very frankly Gentlemen, to s~J at this time the City can loan to the Cemetery Trust Fund the sum of $$~,000.00 would be against his better judgement. We should have more infor- mation regarding City funds as soon as Touche Ross completes our audit. At this time, he felt this request should be denied. Mr. Strnad moved to ~ ~ ac~sp~ the recommendation of the City Manager that the request of the Cemetery Board be den~ed~ until funds are available. ~. Roberts seconded the motion. - 24 - MINUTES OF REGU-~R CiTY COb~NC~ ~ETING OF T~ CITY_ OF BOYNTON BEn_CH, FLOR~A, ~LD ~ CITY F~LL, T~SDAY, M~Y 7, 1974 Under discussion, ~yer DeLong stated they must k~ow what funds are available. He is still a little skeptical about what the auditors are going to come up with. Everything he had done in the past is based upon fig'G~es s~omitted, which he kept for future proof. He did mot want to see this particular proposal scuttled entirely, but there are other projects in this City that should have priority. One ef the things to be considered is the general working conditlor~ at the Services Department.. Ee stated again that if there is mo~y available, he was all for it. He added that they must also remember that the Recreation Department is coming in with a big request for the dual little le~e park. The first thing is to wait ~ntil a report from the auditors is received. Ee stated he recommended that it be tabled, so it could be brought np again. Mr. Wallace pointed out that this Board has always funded itself in all respects. It does shew a specific amount of urgency ~ud we should try to find the funds. Mr. Kohl stated he would hesse more information after the audit. Mayor DeLong thought at this time, it would be appropriate to go along with the City Manager's request. A discussion followed in reference to the exact motion made and the reaso~ for discussion. Mr. Wallace moved to amend the original motion to request the City Manager to come back with a definite recommendation one wey er the other. Mr. Har~ening seconded the motion. Amendment motion carried 5-0. Original motion by Mr. Strmad carried 5-0. ADMiNISTRATiVE Consider ~eQuest of Bethesda ~es~i~ Mr. Kohl referred to his letter for the agenda and correspon- dence attached from Bethesda Hospital. He could ~oresee no problem with the temporary office, but it is not specifically outlined in the Code and will require Council's acbion and/or approval. The Code states: ?'construction trailers", but not '~Ad~nistrative Offices". He indicated that he had the drawing indicating where this will be placed. He ended by stating he would lidme to see this done as the hospital is ~ecessaryo ~. Roberts remarked that the letter indicated there would be no hardship, interfere with the flow of traffic, etc. - 25 - Mz-Nt~ES OF P~EGUL~ CITY ~' ~ COUi~C~ MEETING OF ~ CITer OF BOYNTON BEACH, FLORIDA, ~LD AT CITY ~LL, TU~SDAY, MAY 7, t974 ~. Roberts moved to allow Bethesda Memorial Hospital to put in a trailer for administrative offices. N~. Wallace seconded for the point of discussion. Under discussion, ~M. Wallace stated that this is something that burns him. When they want something, they come to Bo~mton Beach; but when f~ey advertise, it is Delray Beach. This is true with other projects too. He stated he would like to see a letter written stating they ~re a ~t of the City of Boynton Beach in all respects. Mr. Kohl replied that he would gladly write such a letter. Wallace cont~uued that it is always Boynton Beach that has to do bhe dirty work, but when they advertise, it is Delray Beach. Motion carried 5-0. Corridor Request of Touche Ross Mr. Wallace made a motion to table this request, seconded by ~. Earmening. Motion carried 5-0. Accept Resignation of Mr. Ken Sharon, Regular Member of Community Appearance Board Mr. Wallace moved to accept with regret the resignation letter from M~. Ken Sharon and requested that the appropriate certi- ficate of appreciation for services rendered be sent. ~. Roberts seconded the motion. Under discussion, ~. Strnad stated he spoke to Mr. Sharon and gave him his regrets for this resignation. Since he was such a valuable member to the Board, he asked hi~ if he would want to serve as an al- ternate. ~. Sharon stated he would like to serve as an alternate. ~. Wallace questioned if he could be asked to attend when and if possible and~consult in his capacity. M~. Harmening suggested just movir~ an alternate up and put- ting i~. Sharon in that position. Motion carried 5-0. Appoint Regular Member to Community _A. ppearsmce Board Mr. Strnad informed the Council that they had a well quali- f_~e~ gentleman to take the place of Mr. Sharon and believed his services would be more than adequate than the other two serv,_ng as al~e. na~es. Mr. Strnad moved to recommend that Robert Allen Black, a registered architect, residing at 1321S.W. 26th Avenue, be appointed as a reguls~ member of the Community Appearance Board. Mr. Wallace seconded the motion. Under discussion, Mr. Strnad informed the Council that he had a resume from Mr. Black for smyone caring to read. it. Motion carried 5-0. - 26 - MINUTES OF REGULAR CITY COB~C~ ~ETING OF ~qE CITY OF BOYNTON B~ACH, _LORIDA, HELD AT CITY HAL~, TUESDAY, ~Y 7, 1974 Request Approval To Go Out For Bid For Tiling At The Civic Center Mm~. ~allace moved that the City Manager be given approval to go out for bid for tiling of the Civic Center, inasmuch as this was~iscussed previously. Mr. Harmeming seconded the motion. No discussion. Motion carried 5-0. Re~ugst Transfer of Funds from Contin~enc7 Fund Mm. Kohl referre~ to his letter for the agenda requesting $5,000 be transferred from 6100/298 (Other Contractual Ser- vices) to 6120/354 (Chlorine Supplies). These funds are needed due to the requirement of increased chlorine residual at the end of our distribution system by the Health Depart- ment and due to the increased water demand because of the prolonged dry spell. Funds are depleted in Acty. 6120/354 Chlorine Supplies smd we still have six months left until next budget. Hopefully, with lower water flows expected when it rains, it would appear that the $5,000 should cover the costs for the remainder of the budget year. Fnrther, chlorine prices have increased from ~148.60 a ton to $169.00 a ton as of March 1, 1974. He respectfully requested the approval of this transfer. ~. Wsllace made a motion to grant the request of the City Mansger to transfer from the ~ater and Sewer Utility Fund the amount of $5,000 for the purchase of chlorine. Mr. Harmening seconded the motion. Motion carried 5-0. Emergenc7 Purchase for ~ilson Pool Nm. Kohl referred to his letter for the agenda requesting approval to purchase a pump and motor for the operation of the Wilson Swimming Pool without going out for bid. The ~xisting pump and motor is completely inoperable and must be replaced immediately if the oool is to open on schedule. Cost of the pmmp from N~rietta 9eels is $1,183.76. He re _ quested a transfer of Funds from Contingency 5600/466 to ~ilson Center Acct. #4100/598.24. Balance in Contingency Fund as of this date is: $60~364.11. He added that the ommp went completely out and they nave been ~_ymng to get %hat pool in operation. ~e have got to get that pool open. Mr. Wallace moved to grant approval to the City _,Manager to transfer from Contingency the amo~omt of $1,183.76 for a p~ump. Mr. Strn~.d seconded the motion. Motion c~mried 5-0. Application for Permit to Sol~c_t ~mthritis Foumdation Florida Chapter smd Disabled American Veter~us - 27 - MINU_~- OF REG~W~AR CITY COUNC_~ ~TING OF THE CITY OF BOYNTON BEACE, FLORiDA, ~LD AT CITY H~LL, TUESDAY, ~y 7~ 1974 ~M. Kohl informed the Council that another application from the V.F.W. 5335 of Boynton Beach had been received and he would like to see all three approved. Mr. Wallace moved to approve the applications for permits to solicit per *' ~ · the recommendation of ~ne C~ty ~nager for all t~*~ee associations. Mr. Earmening ~ ' ~ --- se~onae~ the motion. Under discussion, _~, Roberts questioned what ws~ done with the money at the ~tiona! level and Mr. Kohl reolied that it was used for research, etc. Mayor DeLong adde~ that all organizations have to be chartered° Mr. Wallace questioned if the Disabled .&merican Veterans had solicited before and l~so Padgett re- plied she thought it was a new chapter which was just formed. ~.yor DeLong added that he ~ew for s~e this was a legitimate D.A.V. chapter. Motion carried 5-0° Swale Area Request Mr. Kohl requested per~ssion to look into the swale areas. He stated he had looked at one swede s-~ea as requested and the home and grass were very neat and other people wsuut it to be tat~en out. He stated the City had been working with beautification sa~d thought it was very bad when you have to ts~e out trees. Mr. Wallace made a motion to permit the City Manager to re- fuse to take out trees~ shrub or grass in swale a~eas, u~- less they s&~e an obstruction and further requested the City Manager to contact the City Attorney to mmend the present or~inance. ~. Strnad seconded the motion. Under discus- sion, ~'~. Wallace stated he had received about t~ee ohone calls pertaining to a swale area, but not to s?n-ubber~. In some instances, peoole have gone out amd put up a chain. M~. Kohl replied that ~e was talking about shrubs and trees ~uud did not want chains, pipes, etc, suud would not ~ '~ pe_ mz~. ~, tn_s and would continue to do t ~his. He stated he waisted beautification, such as sb~rubbery and trees. }~. H8mmening pointed out that many people have attempted to keep people from driving over the ~ale area and ~ some cases, it is a nat~ural ~,~ ~ s~_o~t cut to turn the corner. Lu some cases, there are good and bad obstructions. We must use discretion in ~h' !,~. ~_~s e~ea. Roberts remarked th~.t this was brought up some tine ago and he suggested ~ "~ pzantmng trees in the swale areas smd right-of-ways and was told if someone ragu _n~o~; ~ it, the City would be liable. M~o Kohl pointed out theft ~he_e are many beautiful swale areas and if they are stripped, it would not be beautification. Motion carried 5-0. Approval of Bills ~. Kohl read the following hills for approval: Raindrop Sprin~ers Forest hill Par~ Sorz~nkler Pay from 5900-5t8o~4 - 28 - MIb~GTEs OF ~GULAR CiTY COUNCIL ~TING OF ~ CITY OF BOYNTON ~.AC~, FLORIDA, HELD AT CITY ~LL, TUESDAY; ~_Y 7, 1974 5 12. 13. ~owland Truck Equip~, Inc. arhage packer Pay from Uapital Improvemen~ 19,796.00 Raindre~ S~rinklers ~mete~ Annex from cemetery funds~ Dave Smith & Co. 'Pay from 2500£524 4,970.00 ,058.48 Gaman Calmer ~adustries~ !nc. 1~ ~rom 6130-582 3, O19.20 Romano Construction 4,217.38 'Pay fr6m ReV, Sharing. Release of lien attached. O. B. Williams Elec. still outstanding. Recommend this outstanding amount be paid direct. ~raybar Electric Pay from budgeted funds in 6120. 4,735.50 J. P, Carroil~oInc. Pej from 6120-282 2,426.50 ~o~nton Boa.ch Child Care Center P~ from Federal RevenUe Sharing Lee A. Walker ~ire Station #2 .......... 9,652.76 Library #5 Total Pay from Capite~ Improvement Gulfstream Construction Co. Est. #P Relocation of 1-95 Utilities Reimbursable from D.O.T. Lau~erdale Contractin~ Cor~. Sanitary Sewer Extensions ESt. ReimbU~rsable from HUD. t,3~2.00 56,682.26 22,449.60 56,079.65 inma/l~ lnG. Relocation'of _ 95 Utilities Reimbursable from D.O.T. 51',927.49 Lauderdale Contractin~ Corp. Relocation of 1,95 Uti!itie~ Reimbursable from D.O.T. 877.50 - 29 - MINUTES OF REGUI~aR CITY COUNC~ ~ETING OF THE CITY OF BOYNTON BEACH, FLORIDA, _~ELD AT CI~f HALL, TUESDAY, N~CY 7, 1974 15. Russell & _Oxon Est. #t3 Proj. 6858-8M-111 & CP Pay through Atlantic National Bank 3,361.44 t6. Russell &Axon Est. ~2 Proj. 6858-t-111 & CP Bay from Drexel 4,573 o 55 t7. Russell & Axon Est. #12 Proj. 6858-4-CP P~y from 62~0-514.29 1,519.37 t8. Russell & Axon Est. #9 2,188.16 ~ro~. 6858-5-0~ Pay from Charter World 19. Russell & Axon Est. ~7 1,514.00 Proj. 6858-3~-8-t Reimbursable from D.O.T. The bills described have been approved and verified by the department heads involved; checked and approved for Dayment by the Finance Director; funds are available in their respec- tive budgets. M~. Eohl recommended payment of these bills. ~. Wallace moved .to ~ the bills per the recommendation of the City ~mager and attested to by the Finance Director. Mr. Roberts seconded the motion. Under discussion, Mayor DeLong referred to the amount of $4,217,38 for Roma~o Con- structio~ and asked if 1~% had been retained. ]~. Barrett replied that it had ~o~ been retained, but it was his under- standing the check would be made out, but not paid mntil it was cleaned up. Motion carried 5-0. ~_DJOL.~N~NT N~. Wallace moved to adjourn, seconded by M~. Roberts. Motion carried 5-0. Meeting adjourned at 1t:30 P.M. - 30 - CITY OF BOYNTON BE.&CH, FLORID_& ~oun~ ilman MINUTES OF R~G~LAR CITY CO%q~CIL I~ETING OF ~ CI~ OF BOYNTON BE~CH, FLORIDA, HELD AT CITY H~LL, ~ESDAY, ~Y 7~ 1974 Councilmsm ATTEST: ~ y~Clerk