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Minutes 03-06-79MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL~ BOYNTON BEACH, FLORIDA, TUESDAY, MARCH 6, 1979 AT 7:30 P. M. PRESENT Edwamd F. Harmening, Mayor Betty kisooe~ Vice Mayor David Roberts, Councilman Norman Fo Strnad, Councilman Annette P. Tinker, Actin~ City Manager Tereesa Padgett, City Clerk James W. Vance~ City Attorney Mayor Harmening welcomed everyone and called the meeting to order at 7:30 P. M, He announced the invocation tonight will be a moment of silent prayer followed by the Pledge of Allegiance to the Flag led by Councilman Norman F. Strnad. AGENDA APPROVAL Mr. Roberts requested the addition of Item C under New Business: Municipal League Resolution~ as he has to get approval from the Council to vote. He requested the addition of Item B under Old Business: Discuss Investigation of Building ~ermits. Mr. Vance referred to Resolutions and requested the addition of 2o Proposed Resolution No. 79- Re: County Consent Regarding Annexation~ which we are proposing to proceed with. Mayor Harmening announced he would like to make oneaddition in regards to the Cliffords and their foster hhildren and sug- guested this be put on the agenda after Publie Audience. Mrs. Padgett advised that several people requested to speak on this item, but she told them this was not on the agenda. Mayor Harmening replied they would be given the opportunity to speak. Mr. Roberts moved the adoption of the agenda as eorrected, seconded by Mrs. Riscoe. Motion carried 4-0. ANNOUNCEMENTS Mayor Harmening read a Proclamation proclaiming March 30 and ~i, 1979~ as Poppy Days. Mayor Harmening announced there will be a Special Meeting of the South Central Regional Wastewater Treatment & Disposal Board in Delray Beach at 5:30 P. M. this Thursday. MINUTES Regular City Council Meeting - February 20, 1979 Mr. Roberts moved the adoption of the minutes of the February 20 Regular Meeting, seconded by Mrs. Riseoe. No discussion. Motion carried 4-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, PLORtDA MARCH 6~ 1979 Special City Council Meeting - Pebruary 26, 1979 Mayor Harmening referred to Page 6 and stated he takes exception to paragraphs one~ four~ five and six, and on Page 7, he takes exception to paragraphs two and four. He added there is a small typographical error in the next to the second paragraph up from the bottom with the "0" left out of motion. Mrs. Riscoe moved to accept the minutes of the Special Meeting of February 26 ine!ud~the exceptions, seconded by Mr. Roberts. No discussion. Motion carried 4-0. PUBLIC AUDIENCE Mr. Joe DeLong, Hampshire Gardens~ read the Palm Beach County Senior Citizens Advisory Council priorities to provide a method or means of transportation for those senior eitizens who must travel to partake in daily ~inners, to make sure daily dinners are delivered to shutins~ and to immediately report to the Dept. of Resouroes any person needing help. It was in this interest he visited the Wilson Recreation Center and Boat Club Center advising of kis mission and asking to be contacted. He also visited the Police Station~ his first visit since leaving office in 1976. He told about meeting with Chief Huddleston to advise him of tb/s same mission. After the meeting~ he was taken on a tour by a member of the department who pointed out the various alterations, One of the department's agitators, having nothing to do, passed alone false information about his visit ~hieh re- sulted in :~hief Huddleston receiving a memo from the Acting City Manager. Me then read the memo regarding a staff meeting which was held for a period of two hours. She requests a complete ex- ,placation for his presence at this s~aff meeting for the e~tire two hours. This is an accusation! His answer to that absurd memo is he has never attended a Police Department staff meet-lng when in or out of off~ce. He is a law abiding citizen and there is no excuse or justification for anyone eonnected with the City to meddle with his affairs. He feels this accusation was offen- sive. The tone of the memo makes it appear as a threat to the Chief. He is curious to know what penalty there would have been if the Chief failed to reply to the memo by February 26~ This substantiates the charges appearing in the public press about witch hunts. A campaign of intrigue is also being conducted. This is an example of abuse of authority. The City has been dragged thmough the muddand they are the laughing stock of the entire County. There is no room in Boynton Beach for political machines. The only machine is the maehine of the people. The voters must accept the fact no city has survived bitterness, hatefulness and revenge. The City government is in a present state of disorder. He believes the people should band together to protect the f~ture welfare of our City and extend some sanity in our City, -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEA~ FLORIDA MARCH 6, 1979 Mr. Samuel Rindzumer, Village Royale on the Green, came before the Council and presented a petition to the City Clerk. The citizens of Boynton Beach present to the Council for their consideration a petition signed by approximately 3,000 to show their desire to have a municipal golf course built in Boynton Beach. After sur- veys, they feel a golf course can operate on a self-sustaining basis and show profit without affecting the tax structure. They petition the City Council to hold a referendum on a proposed bond issue to finance a municipal golf course and facilities. He then told about the~e being a need for a municipal golf course. Also~ recent surveys show municipal golf cours~ have added prestige to the city. He explained how the citizens feel the increased growth of Boynton Beach warrants a golf course. Golf is very important to many citizens. The Palm Beach County Commission has self,ted a 160 acre site which they will give to the City for construction of a golf course. The meal estate value is appmoximately $2,000,000. Me then showed two drawings showing the completed golf eourse~ land and area. He then read an estimate amounting to $!, 500,000 to build the golf course and facilities. On the basis of 17000 members and greens fees, an income of ~400,000 can be recognized annually and the operating cost would be S275~000 annually. He then told about federal funds being available for development of recreation areas. Also submitted are golf course statements showing the income, expenses and profit from Lake Worth and West Palm Beach. There are only two golf courses in Boynton Beach available to the public and both have ~ull membership. The Boynton Beach Golf Committee and the National Golf Foundation will fully cooperate in planning this p~oject. Also submitted are site drawings submitted by the Palm Beach County Commission. Mayor Marmening replied that personally he has no objection to putting this on referendum at the November or December election. Me thinks if the people of Boynton Beach heartily endorse this, he sees no reason not to go ahead with it. It will p~obably be discussed further after they have an opportunity to look into the material submitted. Mr. Fred 9iS~t. Le, 1316 S. W. t8th Street, stated the increase in the amount of leisure time available has brought opportunities for recreation. The expansion of recreation facilities has not kept pace with the growth. Boynton Beach is experiencing a shortage of recreation facilities. There is a need for expan- sion and acquisition of land for recreation uses. To satisfy this need, the Golf Course Committee was formed and is pmopos- lng a course to serve the needs. The fundamental idea of re- creation land use iS human enjoyment. Golf cours~ should be ranked high. Their plan is to have the County donate publicly owned land to the City for a nominal fee. The Land Acquisition Committee has made a study of the land publicly owned. They carefully searched through the County zoning maps. After muoh study and consideration, they have selected a most desirable sit% being a 160 acre tract west of Military Trail. Commis- sioner Gregory investigated and the County has no use for th~s -3- MINUTES ~ REGULAR CITY COHNCIL MEETING BOYNTON BEAC~ FLORIDA MAI~CH 6~ 1979 particular parcel. He has directed the County Engineer to make a study to determine if it can be used for a golf course. He ex- plained how a golf course would pay for itself. In order for this plan to be implementable~ it must be acceptable to the Boynton Beach residents. He requests the City Council to submit this to referendum. Mr. DiSa!le continued that they have spoken to the directors of neighboring municipal golf courses and their best judgment is a municipal golf course would be sound for the Cityand stimulating. Such a recreational facility will undoubtedly increase real estate values city-wide at least 10%. A bond could finance this. The golf course will be self-supporting. No taxes will be used to finance the bond issue. The approximate amount could be determined and presented to the Council within a reasonable time. A conceptual estimate can be prepared. He told about various associations offering their help. Inasmuch as they are still in the initial phase of planning~ they have obtained figures based on a national survey. He then read the figures and stated they indicate there isagreat deal of flexibility and the final cost would depend on the type. He then outlined the facility equalling an estimate of $!~500~000. He also read the estimates for maintenance and operating costs. If this pro- posal is delayed for any considerable time~ they will be faced in the future with justifiable expense. Every first rate city has a municipal golf course. Boynton Beach is s first rate city and the citizens should be given the opportunity ~ vote cn this very important issue. Mr. Jeff Roth~ Boynton Beaeh~ stated he is a member of the Atlan- tic High School Golf Team. There are many young golfers who would like to play golf on a regular basis~ but cannot afford to play at the s~mi-private golf courses in the area. He asks the City Council to supply the young golfers of Boynton Beach with a golf course to play on. Mrs. Roberta Flaskamper, 18th Street~ stated we do not have a municipal golf course here. The City is growing and there is a definite need for young and old. Mr. A1 Pfeiffer, Leisurevi!!e, stated that golf is the No. 1 recreational actimity in Palm Beach County with over 80 golf courses and 90% are privately owned. There are oruly a few semi-private courses available. He has talked to many residents of Leisureville and they are very interested in having a City owned golf course which will be self-sustaining. It can be financed by a municipal bond issue with no additional taxes. Even those who do not play golf realize a City owned golf course will enhance the value of their property. Let's all work together to provide a golf course for the goo~ of Boynton Beaoh. -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ PLORIDA MARCH 6, 1979 Mayor Harmening declared about a three minute recess for those wanting to leave sooothers may come in. PUBLIC HEAP/NG Rezoning Request Applicant: Parcel: Location: Use: Request: Conrad Schaefer for Melric, Inc. Section 15, Township 45 South, Range 43 East; A Part of Lots 3, a & 5 of Sam Brown Jr.~s Subdivision (2.875 Acres) Lying East of Las Palmas Park Subdivision and South of Lakeside Harbor Drive Construction of Twelve (12) Townhouses~ a Tennis Court and Swimming Pool Rezone from R-1AA to PUD with LMI of 4.11 Mr. Conrad Schaefer representing Melric, Inc., came before the Council and explained that Melric proposes to construct 12 single family homes in a townhouse configuration on the property Galled Las Palmas. He showed pictures of the proposed construction. The units will cost approximately $150,000. Each one of the 12 is a single family home. He told how two hearings were held by the Planning & Zoning Board and the ne±ghborhood~ traffic and various other points were discussed at length. The Planning & Zoning Board gave anaffirmative vote. He respectfully requests the Council to affirm the motion of the Planning & Zoning Board. Mr. Roberts asked if the density under PUD complied with the R-1AA density and Mr. Annunziato replied affirmatively, that it would be consistent with the current single family zoning. Mayor Harmening stated this request was presented to the Council at their regular meeting of February 6, 1979 and advised that the Planning S Zoning Board had voted to table this item until the next Planning & Zoning Board me~ting of February 13, 1979, at which time an alternate plan would be reviewed. Inasmuch as Council approved the deletion of this item from the agenda~ rather than tabling it~ it was necessary to re-advertise foraa public hearing before the City Council. The Planning $ Zoning Board, after conducting a Public Hearing at their regular meet- ing of February !37 1979, recommended approval for the rezoning of this property from R-1AA to PUD with LUI of 4.11 subject to staff recommendations. The motion to approve was made by Mr. DiSalle and seconded by Mr. Hester. The vote was 4-2 with Mr. Ryder and Mr. Johnson dissenting. Mr. Vance asked if the applicant had any problems with the staff recommendations and Mr. Schaefer replied they had none and will comply. Mayor Harmening asked if anyone wanted to speak in favor of this application and received no response. He asked if anyone wanted to speak against this rezoning and the following came forward. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA MARCH 6~ 1979 Mr. John Ball, 661 Las Palmas, referred to this being a short street and stated the way the houses are proposed to be faced is in an opposite direction and he doesn't believe they~lend in with the existing neighborhood. He doesn?t believe a sollu- tion for parking has been,provided. He believes the density is misleading because 1/3 of the land is under water. There will be no openspace. He then explained how the proposed street would come only 2 to 5 feet ~rom his property line, which he feels is a dangerous situation. He asked if the Council could possibly do something about this as the developers have not. Mr. Roberts asked if he was implying that he would be blocked o~f and Mr. Ball clarified that he is implying that the pave- ment would be right on his property line~ his house would be 7~~ to the line m~d with 2 to 5 feet to the pavement~ it would be dangerous. Mr. Roberts asked if he has public access to his propertyand Mr. Ball replied affirmatively, He asked what would be a reasonable distance from the property line before there is paving and Mayor Harmening replied that this should probably be addressed in site plan review if this rezoning re- quest is approved. Mm. Derle Bailey, 644 Las Palmas, stated he lives approximately 228 feet west of this proposed rezoning. When he bought his house seven years ago, it was zoned R-1AA and when the 1975 zoning took place, it was left R-1AA. He opposes this rezoning request. The developer is p~osing an apartment complex. By allowing apartments to be built~ any later rezoning would surely result in R-3. There are only two parcels !eft on the waters edge of La~e Worth zoned R-1AK. If this rezoning is approved~ they will lose one of the R-!AA zonin~on the waterway. The apartment complex will stif~!e out the R-1AA zoning. Almost one acre is sub-merged and they only have 1.89 acres. They have made no measares for filling the land on the north or south side. They will be putting 12 units on 1.89 acres. Ten units is all that is allowed in R-tAA on 1.89~acres. Mr. Bailey then told about taking the drawing showing that 12 single family homes could be built and pointed out that Lots 1~ 2, 3, 6 and 10 are short a substantial amount of square footage and this was based on filling in the sub-merged land. He told about the governmental agencies requiring permits to fill any land and requiring surveys to determine the preservation of mangroves~ sea life~ etcJ Mr. Bailey stressed that single family dwellings can be built on this property reasonably. This land is zoned R-tAA and should be single family detached houses. The developer knew it was zoned R-]AA and he has a copy of the sa!~ contract. The property was purchased on a gabble of getting rezoning and if this is approved, it will pay off for the developer but not for the homeowners who have lived there ~or so long. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOP~IDA MARCH 6, 1979 Mr. Bailey then presented a petition signed by residents definitely opposing this and stated they strongly object to the request by Melrie to rezone ~o~ R-!AA to PUD. He asked if there is any rebuttal to any of hissstatements to please let him eome book in their defense. Mrs. Julia Szymkowski, 655 Las Palmas, stated she is opposed to this rezoning for the reasons stated by the previous speakers. Mr. Conrad Schaefer stated he would try toaanswer some of the points brought out by Mr. Bailey. The property is zoned R-!kA. A map was presented to the Planning S Zoning Board showing 12 single family homes could be bu~l~ on this p~opertybby filling the property. The developer does not want to fill the property in order to build those 12 units. They do not want to destroy the envi~onmento These are not apartments. They are single family homes with the only difference being that they have com- mon walls. Everything else is the same. By allowing the walls to toueh~ they ean create more open spaoe and they do not have to fill and man still provide 12 beautiful dwelling units with open space and tennis courts. It is an unfortunate thing that they have the last piece of land which the citizens think they own. Melrie owns it. They sympathize with the people living in the area having their own home and being able to walk to the end of the block and look over the lake. It is not their prerogative because they do not own the land. Melrie is presenting a petition in total accordance with the eodes and ordinances. These are fee simple single family homes in total accordance with the codes. They have complete construction plans dmawato the last detail~ which they will be glad to give the Building Official or docu- mentation to the City Attorney to show the title is rendered to these units and the entire ~acility will be maintained. This is a modern type of land development and high class. Really what the people are talking about is takin~ this block away and they will have no place to walk their dog. Mr. Roberts stated that it was broucht out that possibly the road should be eorreeted, but this can be determined when the site plan is submitted. He referred to land being submerged and asked if there was room for 12 units and Mr. Annunziato clari- fied there was approximately 2.87 acres with approximately ~ aere submerged aecording to the survey which leaves approximately 2~3 acres bui~dable. According to calculations, approximately 12 units would fit on the dry land. Mr. Str~d stated we should take into consideration the residents and taxpayers who live in this City when we try to determine what is best for a particular area. We have been bending over back- wards for the developers and personally he doesn't see any objec- tion to a !arge pieee of land being rezon~dgPUD, but to take a small piece like this in a residential area~ he does not think we are doing justice to the people living in that area. As far as the reference to people maintaining a single famil~ home~ he thinks in this area where the price of the land would be very -7- MINUTES - REGULAR CITY COUNCIL ~ET/NG BOYNTON BEACH~ FLORIDA MARCH 6, 1979 great~ the homes would be expensive and anyone paying that amount would certain!ytake care of the grounds. He does not go along with this at all. ~r. Baileyexp!ained that ten homes could be built without filling anything. Mr. Strnad moved to deny this application for a change from R-1AA to PUD, seeonded by Mrs. Riscoe. Hnder discussion~ Mr. Roberts as~'~ whether there could be some kind of compromise to make everyone happy and Mayor Harmening replied this would have to be worked~t with the City Planner. Mr. Schaefer informed the Council tb~t they also have a petition signed by a number of property owners in favor of the projeet. He referred to only four Council- members being present and respectfully requested a postponement until a full Council is present and Mayor Harmening replied that he may have a long wait. Mayor Harmening clarified that we have a request from the applicant for postponement. He added if this is turned do~aq~ it would be one year before another rezoning ap- plication could be submitted. Mr. Vance stated that the appli- cant is entitled at'any time to withdraw the application~ but the request for postponement is at the discretion of the Council. Mr. Bailey stated he didntt think it should be tabled because the people are present in opposition and it would be quite an incon- venience to come back. Mr. Schaefer stated that his client quests a vote. As requested, Mrs. Padgett then took a roll ealt vote on the motion as follows: Councilman Strnad Vice Mayor Ri scoe Councilman Roberts Mayor Harmening Aye Aye In view of the report from the Planning L Zoning Board~ he is inclined to go along with it. NO - Aye Motion carried 3-1 (Request denied). Mayor Harmening declared a three minute recess in view of the people exiting. Discussion of the Cliffords and Their Foster Children Mrs. Kathy Haughn, 1037 Coral Drive~ owner of Deb~N-Heir Pre- School Educational Facility and President of Soropt&mist, stated she would like to address the Council concerning the matter of the Cliffords housing foster children in their home, which at the present time is illegal. She is sure the original intent of the law was very beneficial, but finds the situation now is depriving the youth. She told about calling the Cliffords and contacting the agency after reading the article in the Palm Beach Post Times. -8- MINUTES - REGULA~ CiTY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1979 She then read the requirements of the agency placing foster children. She explained that all this evidence is compiled and submitted to the government and the state and they either accept or reject these homes as licensed f~ster homes. This takes approximately 6 to 8 weeks. No more than five children including the natural children are allowed in a home. She then read the rates paid for the children's room, board~ inci- dentals and allowance. She added that anyone having children knows this does not eover the expenses. She referred to the children being covering under the State Medicaid program and stated this does not pay the total expense, %fnat price should be put on the love~ care and disruption to a home? Mrs. Haughn stated that the C!iffords have been active in this pmogram for five years and Mrs. Clifford is the president of the local organization. Mrs. Clifford is a public school teacher. The Cliffords have two fine children of their own. ~sually they only take two children, but in this case they took three in order not to split a family. Mrs, Haughn stated that she f~nds it hard to believe anyone in this community~ especially this being the International Year the Child~ would restrict foster parents in Boynton Beach. In- stead of critizing the C!iffords~ we should get behind them and give our support. She asks the Council to amend the law to ex- elude foster homes or declare foster homes legal in Boynton Beach. Mrs, Ruth Hutchison, 5 Colonial Club Drive~ speaking in behalf of the League of Women Voters, told about the League members being concerned ~th child welfare and backing pmograms. This background of care and concern for children and families brings them here tonight to evalu~ecare~ul!y the problem facing foster children in Boynton Beach. The League expects different levels of govern~,ent to provide care and housing for children. They believe responsible government at each level should share in the ssfmlution of eeonomie and social problems affeoting gen- eral welfare. She asks what alternatives the Council will pro- vide for these children if no change is made in the present ordinance? Mayor Harmening replied that it is the Chair's feeling that the Council is anxious to move in this direction. He asked if some- one eared to make a motion to alleviate this situation or any motion appmopriate, Mr. Vance stated if the attorney were directed to prepare an amendment to the ordinance in question so it would not apply to pmoperly license~ foster homes~ it might serve the purpose. Mayor Harmening suggested possibly following the state guideline. Mrs, Ri scoe n~ved to direct our attorney to make an amendment to the present ordinance to absolve the ~oster children situation~ so they may remain in foster homes to the extent of five children including natural children and may God bless them~ seconded by -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1979 Mr. Strnad. Under diseussion~ Mr. S~rnad stated he wanted to make sure this ordinance will not be enforced in the ten day period and Mayor Harmening replied that it will actually amend the existing ordinance. Mr. Vance suggested the official in charge of enforein? that particular ordinance might inquire of the City Attorney as to the legal aspect of enforcement and he will let him know at the appropriate time. Mayor Harmening clarified the motion was to instruct the City Attorney to bring back a revision to the existing ordinance at the next meeting~ actually to follow the state law closely allow- ing up to five children including the natural and foster child- ren. He asked if it was amended to includefdav~ng the City At- torney meet with the Building Official. Mrs. Riscoe amended it to include having the Deputy Building Official~ Bert Keehr, to get in touch with the City Attorney before making any moves whatso- ever, seconded by Mr. Strnad. Motion carried 4-0. Mayor Harmening declared another short recess in view of the people leaving. BIDS Sales of Used Equipment Mayor Harmening stated bids on the above were opened on Thursday, February 22~ 1979, at 3:00 P. M. in ~e office of our Purchasing Agent~ Mr. William H. Sullivan. The Tabulation Committee recom- mends acceptance of the bid fmom A. B. Dick Company for the A. B. Dick Stencil Cutter in the amount of $375.00 and the A. B. Dick Mimeograph in the amount of 5250.00. Acceptance of the bid re- ceived from Business Machines, Inc. is recommended for the NCR Billing Machine 2000 in the amount of $20.00 and the NCR Billing Machine 400 in the amount of S50.00. A copy of the Tabulation Sheet and Proposals have been submitted. Mr. Strnad moved to accept the bids as submitted, seconded~by Mrs. Riscoe. No discussion. Motion carried 4-0° Vehicle Towing Service Contract (Verbatim per Acting City Manager's Request) Harmening: Mrs. Tinker, will you take the rest of the bids. There is one more bid, I believe, no two more. Tire-er: Vehicle Towing Service Contract. The bids on the above were opened on Monday, February 26, 1979, at 3:00 P. M. in the Office of our Purchasing Agent, Mr. William H. Sullivan. Attached hereto is memorandum from our Purehasing Agent. Also at- tached is copy of correspondence from Mr. Paul J. Davis of Tip Towing whose residence address is -10- MINUTES - R~GULkR CITY COUNCIL MEETING P/~iq~TON BEACH, FLOP. IDA MARCH 6~ 1979 Tinker: Route 1~ Box 1097, Boynton Beach, Florida. Please be advised that I concur with Mr. Sullivan~s recom- mendation and I will read Mr. Sul!ivan~s recommen- dation. He states: ~The bids were opened for the Vehicle Towing Service and the overall low bidder was from Mr. Paul Davis of Tip Towing. We asked Mr. Davis to submit a letter as to when he could locate his business in Boynton Beach. The letter is attached and as indicated, if awarded the bid he will comply with all portions therof, on or ~efore April !, 1979. He states he would need this time to secure his lease on Indstrial Avenue in Boynton Beach~ This storage area is zoned for this purpose. He would however have to meet all city requirements for occupational license. He will also have to have the Police Department re- view his equipment for compliance. If he is awarded the contract and does not meet the April 1, 1979 starting date~ the bid should be awarded to the second bidder, Boynton Wrecker Service p~ovided they show the City Manager their articles of incorporation on that date. Mr. Paul Davis re- sides at State Road 441, ! mile north of Boynton Road~ Boynton Beach, Florida.~ Do you want me to read the letter from Mr. Davis on the stipulations? Harmening: Well, you can, I guess. Tinker: It's quite lengthy. I was just wondering sinee you have a large agenda. Harmening: Well, maybe we had better fc~3o that due to the length of the meeting. Mrs. Padgett~ do we have someone who wanted to speak on this? Padgett: Yes~ we have two, Mr. Ed DeVries and Coach Davis. have both asked to speak. Harmening: Thank you. DeVries: Mr. Mayor, Councilmen, my name is Ed DeVries. I live at 730 Oee~n Inlet Dmive in Boynton Beach. I am the treasurer of the Boynton Wrecker Service. In awarding the bid for the next year for wrecker service for th~City of Boynton Beach, we would appreciate your giving serious consideration to the following with regard to the bid submitted by the Boynton Wrecker Service~ Inc. No. !~ Boynton Wrecker Service~ Inc. is a Florida corporation owned equally by five Boynton Beach businessmen with years of experience in the towing business in the City of Boynton Beach. Boynton Wrecker Service, No. 2~Inc. is currently servicing the MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DeVries: MARCH 6, 1979 City and citizens of Boynton Beach with !2 wreckers and 12 experienced wrecker drivers and a storage block. Our equipment and facility substantially exceed the minimum requirements of the City for this service. No. 3, during the past 12 months without a written contract, we have provided the City and its citizens with efficient towing ser- vices at a reasonable price. Included in our ser- vices were free towing for all City vehicles with the exception of City garbage trucks which were charged only ~>,no~mal fee. No. 4, additionally our personnel had spent time without charge to the City for assisting accident reconstruction with City personnel. No. 5, we have five locations throughout the City where wreckers are located which would enable us to respond more quickly to the scene of accidents in and around the City. No. 6, Our fee of g30 a tow is below the county average of $35 for such services, but our fee is still substantial enough for us to provide quality equipment and service to the City and its citizens. No. 7, althought we have no contract with the City to continue our present services at this time, we have continued to serve the City and its citizens because of our dedication to our community where we live and operate our businesses. No. 8, most im- portant, Boynton Wrecker Service, Inc.~ow has all its trucks and facilities and its method of opera- tion ~nd!icensing established in the City to assure an efficient continuation of the services we now provide. No. 9, no other company bidding for this contract can possibly provide the City or its citi- zens of Boynton Beach with comparative services for the prices quoted in our bid. Respectfully sub- mitred in behalf of Boynton Wrecker Service, Gene DePace, Secretary, and Ed DeVries, myself~ Treasurer. Thank you very much. Harmening: Thank You, Mr. DeVries. Now, the other gentleman, I believe, Mr. Davis. Davis: Mr. Mayor and City Council members. I have lived on Route 44! approximately eight years. At that times I have had a business in Port Lauderdale and I have searched continually for a business in this area that I could get into. I started general towing in Fort Lauderdale. It?s still in existence. I sold it because it got too much trouble to handle with all the trucks. This towing business~ I have a lot on East Industrial Avenue, ten times bigger than the present City lot. I have an office at 680 East Industrial Avenue which I.lease from Mr. Mur~ -12- MINUTES - REGULAR C~ITY COUNCIL MEETING BOYNTON BEACH, FLOP~IDA Davis: MAt~CH 6~ 1979 Now, I cannot be a citizen of Boynton Beach, but I know I can perform the services just as I stated in the letter. As far as services and amount of cost, my bid is S2! a tow; theirs is $30; thatts a considerable difference. I guarantee you I can perform, all the covenants of that letter I sent in. Are there any questions? Tinker: May I ask something? Harmening: Tinker: The Chair recognizes the City Manager. In reference to the letter submitted by the Boynton Wrecker Service, I must advise you that they are not as of this moment a Florida corporation. In last yearts minutes dated March 7, 1978, they stated they were going to get the articles of incorporation, but have never done so. Today I was presented with a letter fmom their attorney who stated or sent it to the corporation section~ Secretary, State of Plorida~ that they were enclos- ing the original and a duplicate copy of their articles of incorporation. Almost a year later, they've now decided to incorporate, to become incorporated. The one tb/ng which concerns me and I have talked to these gentlemen, in view of the fact that they are not incorporated~ they deal as five individual businessmen have the nec- essary equipment to comply with CDC requirements. If they should have a quarrel of any sort and one of them decides to pull out of this and they have no legal backing without the arq-icles of incorpor- ation~ we are sitting high and dry without the necessary equipment to comply ~ith the CDC re- quirements. Since it has taken them a year to finally get to their attorney and ask for the articles of incorporation f~om the Secretary of State, Mr. Sullivan and I discsssed this thoroughly and thought that Mr. Davis should be given the opportunity to get the necessary equipment in here providing it is done by April t. His bid is lower in every area. Harmening: Thank you, Mrs. Tinker. Ladies and gentlemen, what's your pleasure? Strnad: Mr. Mayor~ at this time~ I would recommend we take the recommendation of the Purchasing Agent and use the bid of Mr. Davis. Harmening: DO I hear a second? -13- _MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1979 Riscoe: That would be with the stipulation that he must comply by the first of April? Ti raker: Absolutely. Harmer~ ng: Before the Chair repeats the motion~ did you want to say something more Mr. DeVries? DeVries: Mayor and Council, in regards to the co~oration situation~ we were never instructed by the Council personally or by the past City Manager to incor- porate. This was something that was brought to our attention only recently and we thought it would be a good idea to do it and had thought about it a couple months ago because of the liabilitypur- poses, but we have gone through with this incor- poration. It is now in Ta!lahassee and being pro- cessed. We had no intent or any reason whatsoever not to incorporate for any underhanded reasen~ it was just something we were never instructed to do by the manager or by anyone else and we just never got to it for that reason. We have been doing~ what I think, a fine fob for the City in this past year and we have formed this group~ this associa- tion, which is now a corporation and we get alon9 real fine together as businessmen which we have~ I think~ pmoven in this past year and we would like to have a chance to go on with it again next year. Thank you. Harmening: There's a motion to accept .... Dugga . May I say something. Mr. Duggan~ Village Royale. I have had the occasion of having to be towed by one of tha~egroup and they charged me ~35. Of course, myinsuranee company p~ked it up and they said that's a real stickupo There was no reason - it was three blc gks - $35. That's ridiculous! Now you are going to run into the same situation if you give these same guys the same story. People are entitled to get reason- able rates. Wel!~ the man says he is going to charge you 521. You should give him all the preference in the world. Even that's high. I can show you a letter f~om the insurance company where they tell you this is a real stickup. Harmening: Thank you~ Mr. Duggano No~ the Chair does not recognize this gerf~leman. We have a motion on the floor. The motion is to accept the ~ow bid~ i believe, of Coach Davis. is that correct? Strnad: Yes. MINtlTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, Harmening: ~sCOe: MARCH 6, 1979 PLOP/DA IS there any discussion? Is there a second to the motion? I have a question. Harmening: Riscoe: For the purpose of clarification? Just for clarifi6ation purposes~ Mr. Vance, being this has been put out on bids~ did this new mom- pany~ Boynto~ Wrecker Service, were they. attencTing the bids at that particular time? Vanoe: I beg your pardon. Ri scoe: Or would I address that to Mr. Sullivan? Harmening: I'm not sure I understood the question. Ri sooe: Apparently there was only the one bid, right? Vanoe: No, we had two bids. ~scoe: Oh~ I didn't see the two. Harmenlng: _Riscoe: Coach Davis and Boynton Wrecker Service. I beg your pardon, please excuse me. I do second Mr. Strnad's motion then. Roberts: The only question ! have, Mr. Mayor, about resi- deney~ we have outside people coming in, I don't know~ perhaps it's a problem of rates, but can't it possibly be modified if necessary. I don~t see why an outsider coming into Boynton. That is my question. Harmening: Is there any other discussion. Riseoe: We're really not sure that he is unless he can comply with the necessary things by the April ! date. Possibly he cannot. Strnad: Mr. Mayor, we have outsiders coming in here every week. We have MacDonald's~ Ranch House~ different restaurants. They're outsiders too. So if some- body can give us a better deal for the taxpayers of the City~ ! don't see why it~would make any difference whether they're an insider or outsider. Harmening: It's the Chair's feeling at this point in time that it is a little difficult to determine whether~ while the price appears to be considerably differ- ent~ it is difficult to determine whether the service will be commensurate with the one with the other or with the price. Any other discussion? -15- MINUTES - REGULAR CITY COUNCIL MEETING MARCH 6, 1979 BOYNTON BEACH~ FLORIDA Roberts: I don't feel one man can give the service ~hat four or five can. I would be inclined to favor the local merchants, Harmening: Any more discussion? Ail those in favor of the motion~ please say aye. Riscoe: Aye Strnad: Aye Harmening: Ail those opposed. Roberts: No. Ha~mening: The motion is lost two to two. The next item on the agenda is Demolition - 131 N. E. 2nd Avenue. Mrs. Tir~ker. Tinker: Roberts: I need clarification on this last item. If we aontinue as we are~ they have no aontraat~ we have no fee rates from them~ they have no arti- ales of incorporation. Do you want to continue as we have been doing in the last year? That's addressed tO you~ Mr. Mayor. Ha~mening: Were you addressing me? Tinker: Yes~ Sir. Harmening: Tinker: The Council made the decision twoto two. So~ if we drop it~ we don~t have a w~ecker serviae in the City and we need one to meet CDC require- ments. Onthe other hand Harmen~ng: I realize that, Have we or have we not had one to date? Tinker: Yes~ Sir~ we have. Harmening: Tinker: Under the conditions in which you describe? No, Sir~ we don't have a aontract. Harmening: I said~ do we have one under the conditions you describe. Tinker: No~ Sir. Harmening: We don~t have a w~ecker service? -16- MINUTES - REGHLARCITY COUNCILMEETING MARCH 6, 1979 BOYNTON BEACH, FLORIDA Tinker: We have a wrecker service, but that's all we have. We have no contract. Harmening: I?m well aware of that. Tinker: We have no fee charges. Harmening: Tinker: I~m aware of that. Does anyone outside of Duggan complain aboutthe fees? No, Sir~ then we continue as we are is what you're saying. Harmening: Maybe we can shed a little more light on that. Let's see, who~s here fmom the Police Department. Capt. Hilliary~ would you give us a rundown on the nature of the services the Cityhhas been re- ceiving from the conglomerate that is presently providing it. Has the servi'ce been satisfactory or unsatisfactory? Plilliary: Harmening: Hilliary: Well~ we call for a wrecker and we get one, yes, Si~r. Is the serviee good? Fair, average, good or excellent? I have nothing to compare it too. I would have to say it's good. Harmening: Have there been long waiting perdods when you needed a wrecking crew to clear a highway or anything of that nature? Hiltiary: Sometimes yes~ but most of the time no. Harmening: Gentleman: Thank you. I would like to say something in reference to the wrecker service. Harmening: The question has been put to the body and the issue has been resOlved. Roberts: The only thing, Mr. Mayor~ perhaps they can pro- meed to award a contract and bid fees and go through with the rest of it. Harmening: It would possible~ the City Manager could possi- bly negotiate a contract. I see nothing wrong with authorizing the City Manager, if the Council so desires~ to enter into a negotiated contract. Anything that would make her happy. Roberts: The thing is~ there is nothing to move on here. I would suggest they get a contract with this group because I think they are more able to pro- vide the service necessary than a one man operation. -17- MilQI/TES - REGULAR CITY C~CIL MEETING BOYNTON BEACH, PLORIDA Harmening: That's my feeling too. question, Mrs. Tinker? MARCH 6, 1979 Does that clarify your Tinker: Yes. Harmening: Thank you. Would you carry on with the next item under bids - Demolition Work. Demo!i~ion Work - !3! N. E. 2nd Avenue Mrs. Tinker stated bids on the above were opened on Tuesday, Feb- ruary 27~ 1979, at 3:00 P.M. in the office of our Purchasing Agent, Mr. William H. Sullivan. The Tabulation Committee Recommends acceptance of the low bid from Cuyahoga Wrecking Col~poration of Opa Looka~ Florida~ £or the amount of $1,700.00. A copy of the Tabulation Sheet, Proposal and Affidavit signed by Mr. Richard Millard~ Vice President of Cuyahoga Wrecking Corporation, are on ~ile. She has checked all other requirements and everything is in order. Funds for this demolition work are available in the General Pund~ Overpayment Account No. 001-000-115-3t-00 and will be taken from same due to the fact that we will be reimbursed by billing the owner or by placing a lien on the property. If you have any questions pertainin~ to this, she is sure any member of the Tabulation Committee will be able to assist. The Tabulation Committee members are indicated on the Tabulation Sheet. Mr. Roberts moved to accept the bid as recommended by the Purchas- ing Agent and Acting City Manager in the amount o£ $1,700.00. Mrs. Riseoe seconded the motion. No discussion. Motion carried 4-0. Due to speakers having the microphone flop down, at this time Mayor Harmening asked Mrs. Tinker if it would be possible to find a new stand for the microphbne and Mrs. Tinker replied she would look into it tomorrow. SITE DEVELOPMENT PLANS Applicant: Location: Use: Su~mit Associates, Ltd. by Paul Hyket, Agent South Congress Avenue (Old Charter World Property) POD A~ 232 Units~ Community Building, Swimming Pool and Marina (Hunter's Run Go~f $ Racquet Club) Mr. Charles Gi!bert~ Architect, showed the plan for Tract A and explained how this consisted of 30 acres completely surrounded by a golf course on three sides and on the east by a new marina withaeeess to the canal to the south. The zoning allows E07 units, but they are proposing 240 units. He then explained the various designs of the ur~ts. He also tald about the construc- tion. He added there are a lot of trees on the property which will be preserved and they have planned an extensive landscaping program. -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLO~!DA MARCH 6, 1979 Mr. Roberts referred tot~he application noting 232 units and questioned his referenee to 940 units and Mr. Gilbert clamified there would be 232 plus' the 8 sales models. Mr. Roberts asked if the City Planner reviewed this completely and Mr. Annunziato replied affirmatively. Mayor Harmening added that it was before the Planning L Z~ning Board and they unanimously approved it. Mrs. Riscoe moved to appmove Sub,mit Associates~ Ltd. site develop- ment plan. Mr. Vance asked if the applicant is agreeable to comply with all the staff recommendations in connection with the Planning $ Zoning Boar~s approval and Mr. Gilbert meplied af- firmatively. Mm. Roberts then seconded the motion. No discus- sion. Motion cammied 4-0. Applicant: Location: Use: Orlan Homes~ Inc. 1700 Block of Palm!ands Drive 54 Villa TYPe Dwelling Units (The Fairways) Mr. Paul Orlan referred to this project being north of Hunter's Run Golf g Racquet Club and explained the plans to build twin villas with interior parking ~rages. He added that the recrea- tion facilities will ~e constructed when developing the rest of Parcels B~ C and D. Mr. Roberts referred to the parking and Mr. Orlan explained that each of the 54 units would have a garage plus parking in the dmiveway. This parcel of land was originally zoned for 60 units and they plan to build 54. There will be a total of 108 parking spaces. Mr. Roberts moved to accept the site plan fmom Orlan Homes, 1700 Palmlands Drive, subject to staff recommendations. Mr. Vance referred to there being a problem with the recreation require- ments and stated he believes Mr. Annunziatoddiseussed this with the developer. Mr. Ar~nunziato clarified that one of the recom- mendations made bythe Recreation Director was this property provide recreation on-site or make a dollar contribution. The developer has provided on-site swimming pool~ shuffle board courts and putting green. Itis their recommendation to accept itas revised. Mr. Vance replied that he concurred with this recommendation. Mayor Harmening asked if this was acceptable to Mr. Orlan and Mr. Orlan replied affirmatively. Mrs. Riscoe thenseconded the motion. No discussion. Motion carried 4-0. Applicant: Location: Use: Howard McCall~ Agent for St. Church 3300 South Seaerest Blvd. Columbarium Addition Josephfs Episcopal Mr. Annunziato referred to the applicant not being present and explained that the determination was made that a columbarium is an aeeessory use to a church, it is requested the Council agree with this determinationand appmove the site plano~ -19- MINUTES - REGULAR CIqi~f COUNCIL MEETING MARCH 6, 1979 BOYNTON BEACH, FLORIDA Mrs. Riscoe asked if this was going to be fenced and Mr. Annunziato explained how it would be an open building with iron railings and arches. Mrs. Riscoe moved to accept the site planaecording to staff recommendations and concur in a columbarium being anaccessory use to a church~ seconded by Mr. Roberts. No discussion. Motion carried 4-0. Applicant: Location: Use: 37! Norman Thomson for Boynton Industrial Development East of Congress Between Lake Worth Drainage District Lateral Canals No. 28 $ 29 3327000 Square Feet of Warehousing Mr. Annunziato referred to the applicant not being present and explained this was a revised site planwith two buildings being joined to pmovide greater maneuverability for tractor trailers and it was approved by the Council previously. It is recommended the plan be approved with the staff comments and incomporating Mr. Walkerfs recommendation in the plan. Mr. Roberts moved to accept the site planfrom the applieant~ Norman Thomson for Boynton Industrial Development and it be quired the memos attached be complied with, seconded by Mr. Strnad. Under discussion, Mayor Harmening stated the revised site development plans submitted by Boynton Industrial Develop- ment~ Norman Thomson~ Owner~ are for the construction of 332,000 square feet of industrial warehousing located on South Congress at the entrance of the City owned 55 acre tract. The Planning Zoning Board~ at their regular meeting of February 27~ 19797 unanimously recommended approval of these site plans subject to staff recommendations. Motion carried 4-0. Applicant: Location: Use: Anthony Galante South U. So ~1 at the Intersection of S. E. 20th Avenue Popeye~s Pamous Fried Chicken Restaurant Mr. Galante told about this being a New Orleans company recently locating in South Florida. He added they have a spic~ytasty chicken and will have a very attractive building. Mr. Tar~zy referred to staff recommendations being attached to the ptan and asked if the applicant was in agreement with them and Mr. Galante replied affirmatively. Mrs. Riscoe moved to appmove the application of Popeye~s Famous Fried Chicken Restaurant~ seconded by Mm. Roberts. No discussion. Motion carried 4-0. LEGAL -20- MIR-~TES - REGHLA~ CITY COUNCIL MEETING BOYNTON BEAC~ FLOt~DA MARCH 6, 1979 Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 79-5 - Re: Rezoning Certain Parcel of Land Located in Plat of Seaway Terrace from Zone R-2 to Planned Unit Development with Land Use Intensity of 5 (East of Seacrest Blvd., North of S. E. 21s~ Ave. g West of F.E.C. Railroad - Daniel O~Brien/ Frank Mendoza) Mr. Vance read proposed Ordinance No. 79-5 by title on second reading. Mr. Strnad moved the adoption of proposed Ordinance No. 79-5~on second reading. Mr. Roberts seconded the motion, butsuggested that the audience should participate first. Mayor Harmeningasked all those in favor of this ordinance to please come forward. Mr. Gene Moore, representing Mr. Prank Mendoza~ referred to favorable recommendations being received fr~m the Planning L Zoning Board, Planning Department and Tech- nical Review Board and stated this is zoned for duplex~ but they are asking for re-alignment of one parcel under PUD. They could build 56 units~ but will only build 42. They will comply ~th all recommendations. As requested by ~s. P~iscoe~ they contacted the traffic officials and have filed the input from the County Engineer. Mr. KatCLert feels it ;would not be proper traffic eon- trot to allow another entrance onto Seacrest Blvd. The staff and traffic people made the same .recommendation. In reference to ad- ditional traffic on 2!st Avenue~ this project 'will be identical to Los Mangos and will be an adult eommunitywhere they will pro- bably not have more thanone car per unit. ~1~ere is an existing problem in the area with traffic~ which is caused by'people taking a short cut down 21st Avenue because of the construction on Sea- crest Bl~d. They feel this will be alleviated when Seacrest B~vd. is completed. Anyeonstruction traffic pertaining to this project will be routed in and out of the project from Seacrest Blvd. and not on21st Avenue. He then submitted a petition with 29 signatumes from people living in the area stating their sup- portand approval of this project without the provision for an exit onto Seacrest Blvd. because it would constitute a dangerous exitonto Seacrest Blvd. Mr. Smith referred to the 29 signatures on the petition living to the west of the project. He clarified that the residents were objecting to the additional traffic on~21st Avenue. He told about viewing the construction plans of Seacrest Blvd. at the City Planner's office and stated the way the streets will be a!tered~ it will help put more traffic into their area. They are not opposing the rezoning, but request the rezoning be granted with the City Planning Department instructed to give ingress and egress onto Seacrest Blvd. The consideration by the traffic people has been what might happen to two cars on a street~ but theyare talking about the lives of small children -21- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1979 playing in the street. How can the two be compared? He ex- plained the situation further and stated the children's lives should be considered and the traffic should be put onto Sea- crest Blvd. where it belongs. If High Point has a problem with their traffic enterin~ Seacrest Blvd., their street should be re-opened onto 23rd Avenue. Mayor Harmening ascertained nobody else wished to speak in oppo- sition. Mrs. Riscoe stated herefeelings remain the same. She voted for the site development plan~ but does feel this stmeet should have some relief~ She thinks there should be some ingress and egress to Seaerest Blvd. Mayor Harmening stated the County did not foreclose the whole concept of an entrance onto Seacrest Blvd. Mr. Roberts referred to this being discussed previously and stated he does not see how we can deny the builder. The re- zoning will not increase the density. Under ourpresent zoning, the builder can build more units. If a traffic prOblem does develop, then the Traffic Department would have to take steps to correet it. This is just a matter of rezoning. Perhaps when the sit~ plan is reviewed, some suggestions could be made. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman Roberts - Aye Councilman Strnad - Aye Vice Mayor Riscoe - No Mayor Harmening - Aye Motion carried 3-1. Proposed Ordinance No, 79-6 - Re: Rezoning Certain Portion of Palm Beach Farm Company Plat No. 8 from Zone R-3 to Zone R-2 and Other Certain ~Portions of Palm Beach Farm Plat No, 8 from Zone C-3 to Zone R-2 (South of SR 804~ West of Congress Middle School and East of Knuth Road/Duplex Subdivision - Ronald Corbitt/Hugh Culverhouse) Mr. Vance read proposed Ordinance No. 79-6 by title on second reading. Mayor Harmening asked if anyone in the audience wished to speak in favor of this ordinance and Mr, Daniel Jones representing Mr, Hugh Culverhouse came before the Council. He referred to the out parcel and advised it has been rezoned by the County and a peti- tion to annex is being prepared. He thinks everything is inorder at this point and the necessary contracts have been signed, Mayor Harmening asked if there was any problem regarding this annexation before the ordinance becomes effective and Mr, Vance replied they will get the appropriate zoning before applying for annexation. -22- MINUTES - REGULAR CITY COHNCIL MEETING MARCH 67 1979 BOYNTON BEACH, FLORIDA Mayor Harmening asked if anyone else wished to speak in favor of this ordinance and received no response. He asked if anyone wished to speak in ,opposition to this ordinance and received no response. Mrs. Riseoe moved to accept Ordinance No. 79-6 as read, seconded by Mr. Strnad. No discussion. Mrs. Padgett took a roll eall vote on the motion.as follows: Vice Mayor Riseoe - Yes Councilman Strnad - Aye Councilman Roberts - Aye Mayor Harmening - Aye Motion carried 4-0. Proposed Ordinance No. 79-7 - Re: Amending Section 6.C~1 of Appen- dix A of the 'Zoning Regulations by Providing that Lumber Yards be a Conditional Hse inthe C-3 Zoning District Mr. Vance read proposed Ordinance No. 79-7 by title on second reading. Mayor Harmening asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He asked if anyone in the audience wished to speak in opposition to this ordinance and received no response. Mr. Roberts moved the adoption of Ordinance No. 79-7, seconded by Mrs. Riscoe. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts - Aye Councilman Strnad - Aye Vice Mayor Riscoe - Aye Mayor Harmening - Aye Motion carried 4-0, Proposed 0rdinanee No. 79-8 - Re: Amendments Providing that the 0ooupational License Ordinances be Administered by the City Manager Mr. Vance read proposed Ordinance No. 79-8 by title on second reading. Mayor Harmening asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He asked if anyone was in opposition to this ordinance and received no response. Mr. Strnad moved the adoption of proposed Ordinanee No. 79-8 on Second reading~ seconded by Mrs. Riseoe. Hnder discussion~ Mr. Roberts stated when this came. up under first reading, he didn't think he was prepared to vote since it was thrust upon us without discussion. He has looked into this matter and finds the clerk ~n question has moved four time~ While he doesn't object to her working in City Hall as compared to the Building Department, he -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1979 doesn't feel we should keep changing the organizational chart so frequentlybecause the code corporation would be busy all the time. He doesn't particularly~approve of this, He doesn't know what the problem is. He doesn't think we should continually change this particular situation. He doesn't approve of changing the organization chart every time somebody feels they want to do that. He is against it. Mayor Harmening stated that he thinks Mr. Roberts points in many respects are well taken and he concurs to a large extent. There seems to be a turmoil in the city organization. There have been a number of eases which have not made exactly for efficient or harmonious operation. Rather than see a potentially good employee become disaffeeted, he believes in this case it might be better to go ahead and do this. When the new City Manager comes on board, whenever that may be, let him take a look at it and put it where he thinks it should be. It is expensive though to change these things back and forth. It costs money and seems to be an exercise in futility. Mr, Roberts continued that he didn't see what harm is done, but the point is there are many employees. There are 400 employees and we could have many,people saying they want to move here or there, He doesn't think it is a wise move~ but will abide by the vote of the Council. Mayor Harmening referred to the license office having been physically moved from one department and tem- porarily placed in another and stated the other department head evidently was unable to keep an eye on it and perhaps in this physieal location, the City Manager can and she will be respon- sible for the licenses. The operation of the office is only in an interim period. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman Strnad - Aye Vice Mayor Riscoe - Aye Councilman Roberts - No Mayor Harmening - Aye Motion carried 3~1. Ordinances - 1st Reading Proposed Ordinance No. 79-9 - Re: Amending Section 5-1 of the City's Codes by Adopting the Model Engrgy Efficiency Building Code with Stated Alternative Pages Mr. Vance referred to having two proposed ordinanc~basical!y being presented on a semi-emergency basis and stated apparently there is a deadline involved with the National Energy Code and the Building Official has requested these ordinances. These are strictly of a technical nature. He has prepared same and urges -24- MINUTES - REGHLARCITY COUNCIL MEETING MARCH 6, 1979 BOYNTON BEACH, FLORIDA the Council to consider theme ordinances, If there are any addi- tional questions, the Building Official could probably answer them. Mayor Harmening referred to both being mandated by the state and stated since the routine procedure of ordinance passage will not quite allow us to complete passage of the ordinances within the mandated date~ is it recommended that these be on an emergency basis? Mr. Vance replied negatively and stated that reading of the statutes states we will be subject to the state adopted codes and this is the method to apply the codes. Mr. Vance then read proposed Ordinance No. 79-9 onfirst reading by title. Mrs. Risc0e moved the adoption of proposed Ordinance No. 79-9~ seconded byMr. Strnad. No discussion. Mrs. Padgett took a roll call vote on the motionas follows: Councilman Roberts - Aye Councilman Strnad - Aye Vice Mayor Riscoe - Aye Mayor Hammening -- Aye Motion carried 4-0. Proposed Ordinance No. 79-10 - Re: Amending Section 9-16 of the City's Codes by Adopting the Uniform Countywide Amendment to the 1978 Edition of the National Electrical Code Mr. Vance referred to this being in the same line as the previous ordinanoe and stated it is the uniform County-wide amendment to the National Electrical Code. He then read proposed Ordinance No. 79-10 by title. Mr. Strnad moved for the adoption of proposed Ordinance No. 79-10 on first reading~ seconded by Mrs. Ri scoe. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Riscoe Aye Councilman Strnad - Aye Councilman Roberts - Aye Mayor Harmening - Aye Motion carried 4-0. Proposed Ordinance No. 79-11 - Re: Annexation of Parcel Located in Section 1~ Township 46 South~ Range 42 East (West of Congress Avenue/Portion of Old Charter World Property - Summit Assoc., Ltd.) Mr. Vance commented that he will have a resolution relating to this ordinance which he added as Item C-2. This will involve County consent in conneetion with the zoning. He then read pro- posed Ordinance No~ 79-1! by title on first reading. -25- MINUTES - REGULAR CITY COUNCIL MEETING MARCH 6, 1979 BOYNTON BEACH, FLORIDA Mrs. Riscoe moved to accept proposed Ordinance No. 79-11, seconded by Mr. Strnad. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts - Aye Councilman Strnad - Aye Vice Mayor Riscoe - Aye Mayor Harmening - Aye Motion carried 4-0. Resolutions Proposed Resolution No. 79-Q - Re: Area Planning Board Ameawide Waste Treatment Management_ Plan Mr. Vance read proposed Resolution No. 79-Q by title. He added this is the resolution designating the South Florida Water Man- agement District as the Lead "2087~ Agency, Mr. Richard Stalker came before the Council and Mr. Vance in- formed him that the Council has discussed this on two occasions, Mr. Roberts moved the adoption of Resolution No. 79-Q~ seoonded by Mrs. Riscoe. Under discussion, Mayor Harmening statedthis was reviewed with mixed emotions. He explained to the audience that the federal government has changed the rules and before we can get any more money for sewage in this area~ we have to go into an areawide surface water cleanup prOgram. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman Strnad - Aye Vice Mayor Riscoe - Aye Councilman Roberts - Aye Mayor Harmening - Aye Motion carried 4-0. Proposed Resolution No. 79-R - Re: County Consent Regarding Annexation Mr. Vance advised this resolution relates to and is a companion to Ordinance No, 79-1! approved on first reading. He then read proposed Resolution No. 79-R by title. Mr. Roberts moved the adoption of Resolution No. 79-R, seconded by Mrs. Riscoe. No discussion. Mrs. Padgett took a roll call vote as follows: Counoilman Roberts - Aye Councilman Strnad - Aye Vice Mayor Riscoe - Aye Mayor Harmening - Aye Motion ea~ried 4-0. -26- MI~dTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA MARCH 6, 1979 Other Discuss Legal Procedures Councilman Davi~ Roberts Mr. Roberts referred to the members of the Council going differ- ent directions and stated he thought some of the conduct should be straightened out so we all go in the right direction and not have the problem passing ordinances and instructing the City Manager to take certain actions. This is a legislative policy making body. Policy making must be done by a majority vote and not with one going in one direction and another in another direc- tion. He explained how he thought it was beneficial to have some discussion regardin9 proposed resolutions and ordinances. Mr. Strnad replied that he was in accordance with Mr. Roberts~ comments 100%. Mr. Vance stated for clarifieation of the record, he thinks this is a better approach. He prefers on policy matters with either resolutions or ordinances, there be a general indication from the Council suggesting that a resolution or ordinance be drafted by his office. Straight technical amendments could originate with the various City departments. Mr. Roberts added that occasion- ally we have resolutions on which we must take immediate action or documents requiring signatures and he does not think they have to be held up. Status Report - Re: State Vice Mayor Betty Riscoe Requirements for Paramedics - Mrs. Riscoe requested a report from Mr. Vance on this and Mr. Vance replied that he thinks the matter n~wre!ates to obtaining information regarding the necessary insuranee for any doctor we retain and he believes the City Manager was going to check out the insurance coverage. Mrs. Tinker replied that she has a report. Mrs. Riseoe referred to speaking to a couple of paramedics and stated she was led to believe we are dealing with a time ele- ment and it is prevalent to move on it. She requested a para- medie present in the audience to clarify this matter. Mr. Doug Madigan-stated the laws Mr. Vance is talking about have a time lim/t of November, 1979. Prom talking to Dr. Westmark~ in cha~ge of the state programs~ if the City does not comply, they will stop us from operating. Mr. Vance stated he did inform the Couneil that we are presently in violation of state law. The next move is to hire a doctor and get medical malpractice insur- ance. Mr. ~ad%gan informed them that two companies are handling insur- ance ranging from $250 to $27000, which is strictly for the medical director. Mr. Vance informed him that this is being inquired into. -27- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1979 MrS. Tinker informed them that Mr. Sullivan checked this out and only one insuranee company is eovering this. Beeause the State of Florida required a medical director, which must be a doctor, they are restructuring the rates hut have not received approval yet. Boynton Beach cannot be involved in this program until we have three state certified EMT 2~s. We only have one and tests are scheduled later this month. We should be able to meet the requirements within the time limit. She is waiting to hear from Western Insuranee after they hear from the state insur- ance eommissioners. Mr.-MaRi~n~added that five are taking the state test at the end of this month. Mayor Harmening questioned if they would be able to pass and Mr. tf~fdi~an replied that he hoped so. Mrs. Riseoe requested Chief Wright to eSf~borate further and Chief Wright referred to running 199 runs in the past month and stated we do have necessity for this program. The para- medics are doing a fine Mrs. Riseoe stated whatever it takes to get the wheels turning, she would like to see them turn as quickly as possible. Mayor Harmening replied that it appears to the Chair the proper thing to do would be to instruct the City Manager to proceed posthaste to get the program in gear and on the right track to comply with the deadline. Mrs. Tinker stated that she has been working on this in connection with Mr. Vance. Results of the Meeting with Representatives of the Municipal Corporation - Re: Update of our Code of Ordinanees Vice Mayor Betty Riscoe Code Mrs. Risooe stated Mrs. Padgett forwarded a letter regarding this which was received after she put this item on the agenda. OLD BUSINESS Resolution No. 78-HHH Councilman Norman F. Strnad Mr. Strnad referred to the last Council meeting when he asked the Acting City Manager to inform him as to how this partieu!ar Reso- lution No. 78-HHH had been brought to the Council and siq~ed by five Council members and stated he cannot understand why we would want to lower the standards for promotion of any of our firemen when we had a good system on the books. He questioned just how this came about and in response~ he received copies of memos. He then read the attached four memos~ one from Annette P. Tinker dated 2/22/79, one from W. Sullivan dated 2/26/79, one from Peggy Boul!e dated February 28, 1979, and one from C. E. Wright dated 3/1/79. He just questions how this eame about with the standards lowered for promotion of firemen without nobody know- ing about it and the five members of the Council signed it~ but nobody eheeked it. -28- MINUTES - REGULAR C~TY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1979 Mr. Roberts agreed with Mr. Strnad and admitted the act was wmon~ but'not willful. Me suffered a traumatic expemienoe and was ~uite upset at the time of the passage of this resolution wbioh followed the last election when some of the more quali- fied people were turned down for inexperienoed people. What has happened during the past two months proves it. He is just stating the truth. Mrs. Riseoe replied that between the special meeting we had this week and right now, she thinks we have aired our dirty wash. She made a statement to the press earlier this evening. She is willing to bend for the good of the City, but is not going to break. Let's proceed without personality clashes. Whether Mr. Roberts like it or not, they are here. Mr. Roberts replied that he was not questioning that. He offered to help and work with the new Counoil~ but was rejected many times. Discuss Investigation of Building Permits - Councilman Roberts Mr. Roberts referred to there being a meeting called with the Building Official and stated he asked what had happened at this meeting and could not get a reply. The main issue is there is still snipping going on from the previous administration. A copy of a building permit was brought to the Building Official and there seemed to be some alterations. There was no report made of this discussion with the Building Official. He under- stands there was nothing found to discredit it. He understands the building permit was the one for Mr. Kohl. It was supposedly not handled properly. He would like to know where the copy is which was used in the discussion with the Building Official. He asks the Acting City Manager to find out where this copy is. Me asked whya girl was solicited to dig up this particular item and whether any findings were improper. May he have the same courtesy given to him as given to Mr, Strnad? Mr. Strnad re- plied that if he is interested in that particular copy, he may get it from Mr. Bludworth?s office. Mr. Roberts replied that he would not go there for it, but would like to know who made the copy and why a copy is not in the files? NEW BUSINESS ~onsider Acceptance of Resignation from Counoilman Ronald Johnson - Councilman Norman F. Strnad Mr. Strnad moved to accept the resignation of Councilman Ronald Johnson. Mr. Vance requested the motion to also incorporate the deola~ation by the Council that a vacanoyexists on the City Council. Mr. Strnad replied that a vacancy exists upon the time the resignationis acoepted or when it was delivered. Mr. Vance requested that the motion be to accept the resignation of Council- man Ronald Johnsonand declare a vacancy on the City Council to comply with the City Charter. Mr, Strnad moved to accept the resignation of Councilman Ronald Johnson~and declare a vacanoy on the City Council at this time~ seconded by Mr. Roberts. No discussion. Motion carried 4-0. -29- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6~ 1979 Consider Nominations to Pill Vacancy on City Council Councilman Norman P. Strnad Mr. Strnad requested the members of the Council to place in nomination persons they would wish to have fill the vacancy on the Council. Mrs. Riscoe asked Mr. Vance if it was correct that any appoint- ment to this vacancy would only be intaot until the next general eleetion and Mr. Vance replied this was eorrect. Mayor Harmening requested ~urther clarification and referred to the next general election being December and asked if the appointment would only be until Deoember or to fill the unexpired term. Mr. Vance in- formed him that he has reviewed the specific language of the ordinanee and read. Mrs. Riscoe stated that since this has been clarified, she does have a man she would like to put up for the Counoil~s approval. It is about time with 18 to 20% of the population being from the black community that they deserve some representation. At this particular time, we are all in receipt of a letter from the Con- cerned Citizens Voters League of Boynton Beach and the Black Citizens Coalition of Palm Beach County, both bring to our atten- tion the name of Samuel Lamar Wright~ Jr. Mr. Roberts clarified that if the appointment is until the next general election, instead of two vacancies there would be three and Mr. Vance replied affirmatively. Mayor Harmening asked if there were any other nominations at this time and Mrs. Riscoe replied that she understood that a vote is to be taken after each nomination according to Roberts Rules of Order. Mr. Vanoe requested a few moments to research this. Mr. Roberts stated while Mr. Vance is researching this, he would like to makesa few comments. He doesn't feel this procedure in appointing a stranger into this office is in the best interest of the City. It is his opinion when having just gone through an election that if there is a vaeancy~ the next highest individ- ual would be considered for this particular post on the basis of the vote of the taxpayers and citizens. Under the circumstances~ if this is not going to be fo!lowed~ he does not think this Council is qualified to pick at this time without ~iving the people a chance to elect a substitute. We may be stepping on the privilege of the people with making one selection. He would be against nominating anyone without an election. Mr. Vance informed them that there is no limit on nominations. There may beas many as desirable. He explained how the vote would be taken in order of the nominations. ~ See Minutes o: 3/20/79 -30- MINUTES - REGULAR CITY COUNCIL MEETING MARCH 6, 1979 BOY/~ON BEACH, FLORIDA Mayor Marmening asked if there were any additional nominations to be placed before the body. Mr. Strnad asked if he wanted all the names at one time and Mr. Vance infozmed him that this was standard pmooedure. Mayor Harmening agreed that it would be aoeording to Roberts Rules of Omder. Mx. Strnad nominated Mr. Ezell Hester, who has been an outstand- ing membem of our oommunity. He is a teacher, has served on the Board of Adjustment and he thinks he is well qualified to sit among us. As far as the next highest in line, the voters have shown they did not want the next highest in line; that is why he was not with the winning team. He thinks it is our prerogative to appoint someone, Mayom Harmening asked if there were any additional nominations from the body. Mr. St-~nad stated in the event that these two people are not selected, he would also like to nominate former Mayor Joe Zack~ who is an unbiased person and an outstanding member of our community. Mrs. t~[sooe announced she would also like to nominate Mrs. Blanche Girtman, Mr. Strnad moved that nominations be closed if there are no ~urther nominations~ seconded by Mrs. Riscoe. Motion carried 4-0. Mayom Harmening requested a vote on the nomination of Mr. Samuel Wright to fill the vacancy on the City Council. Mrs. Riscoe requested a roll call vote and Mr. Vance agreed that would be appropriate. M~. Roberts referred to the statement just made that there was one man who would not be appointed because the people did not want him because he oame in fourth. He feels the people should have the opportunity to make their own choice at a referendum and he shall eontinue to vote in that direction. Mayor Harmening replied that he concurred basically with Mr. Roberts~ sentiments. He feels there is a considerable period of time for the person to serve and feels it is wise for this to go t~. the people so they eon resolve the problem. There has been some discussion involving the fourth candidate. Many cities do have in their charter the arrangement whereby if something happens to one of the officials after taring office, the method of filling the vaeanoy is to select the neXt highest vote getter in the previ- ous eleotion. However, we do not have this incorporated in our charter and it is not available to us. - 31- MINUTES - REGULAR CITY COUNCIL MEETING MARCH 6~ 1979 BOYNTON BEACH~ FLORIDA Mayor Harmening requested a roll call vote on the nomination of Mr. Samuel Wright and Mrs. Padgett ca]led the roll as follows: Vice Mayor Riscoe Yes Councilman Strnad Aye Councilman Roberts - No Mayor Marmenin§ - No Nomination fails on tie vote of 2-2. Mayor Harmening called for ~a vote on the nomination of Mr. Ezell Hester and Mrs. Padqett called the ~oll as follows: Vice Mayor Riscoe ~ Yes Councilman Strnad - Aye Counei!man Roberts - No Mayor Harmening - No Nomination fails on tie vote of 2-2. Mayor Harmening called for a vote on the nomination of Mr, Joe Zaek and Mrs, Padgett called the ~olt as follows: Vice Mayor Riscoe - Yes Councilman Strnad - Aye Councilman Roberts - No Mayor Harmeruing - No Nomination fails on tie vote of 2-2. Mayor Marmening requested a vote on the momination of Mrs° Blanche Girtman and Mrs. Padgett called the moll as follows: Vice Mayor Ri scoe Yes Councilman Strnad Aye Councilman Roberts - No Mayor Ha~mening - No Nomination fails on tie vote of 292° Mr. Strnad announced he was glad he could not~be<ae~use~of<dragging his feet now. Mrs. Riseoe suggested going ahead with the procedure for election, so we canall go out and beat the bushes. Mayor Harmening asked Mr. Vance if this could be accommodated in the Chartem language and Mr. Vance replied negatively and advised under the Charter~ there has to be two regular meetings,and he read the applicable section. -32- MINUTES - REGULAR CITY COUNCIL MEETING BoYNTON BEACH, FLORIDA MARCH 6, 1979 Discuss MuD/cipal League Resolution Mr. Roberts referred to distributing copies of a resolution fmom the Municipal League and explained how they were trying to correct problems created by the vacated municipal cou~ts. They have a bill coming up and a vote will be taken at ~he next meeting. He would like the authority to vote in the affirmative for this bill to proceed. Mayor Marmening e!arified for the benefit of the audience that this is a bill to apply throughout Palm Beacb County to solve the pro- blems of code er~o~cement. He explained how code enforcement was more difficult since the loss of our municipal courts. Mr. Vance added that Mr. Watt feels the resolution from the League would be helpful getting the bill adopted by the Legislature. Mrs. Riscoe moved that Mr. Roberts votes our intentions in the M~nicipal League to support the passage of this legislation, seconded by Mr. Strnad. No discussion. Motion carried 4-0. ADMINISTRATIVE Recommendation from P~nning & Zoning Board - Re: Preliminary Plat for Ridgewood Estates ~Tabled) Mrs. Riscoe moved to remove this from the table, seconded by Mr. Stmnad. Motion carried 4-0. Mr. Edward Otto, Jr.~ Attorney representing the applicant~ advised that the plat was studied by the ~ity and county staff and their recommendations have been incorporated into the plat. If the Council has any questions, their engineer, Mr. Gentry, or the City Planner~ Mr. Annunziato, will answer them. Mayor Harmening advised that the Council members had not re- ceived a copy of the proposed plat. Mr. Otto replied that the layout of the streets conforms to all the staff recommendations and is according to state, county and City requirements. Mr. Gentry then showed the plat and aerial photograph of this area and explained the development proposed consisting of 35 lots and told about the existing traffic situation and pointed out the routes of travel. The County has made the recommendation that there can only be one intersection onto 23rd Avenue. Mr. John Holloway, 2819 S. Wo 4th Street, referred to living at this address for ten years and told about just hearing about the possibility of S.W. 4th or 5th Street being extended to connect with S. W. 23rd Avenue. He then read a p~tition signed by vari- ous property owners on S. W. 4th Street stating their objection to any connection of S. W. 4th Street to S. W. 23rd Avenue and presented it to the City Clerk. He referred to approximately 60 chi!dren !lying on S. W. 4th Street and told about most being of a young age. They are awabe of the traffic problems existing -33- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOP~IDA MARCH 6, 1979 on S. W. 6th Street~ but explained how 4th Street would have more of a problem if opened because it is a straight shot through to Mission Hill Blvd. They do feel sorry for the residents on S.W. 6th Street~ but the problem is existing there and is not on S.W. 4th Street. Mrs. Su~an Borchardt, 2705 S. W. 6th Street~ stated she is very sympathetic for the people on 4th Street; however, the fact still remains whichever routes are opened to 23rd Avenue will have the thru traffic. She referred to this subdivision having hundreds of homeswith more homes being built every day, but stated that no more accesses are being built. She referred to the traffic count being higher than normal and questioned what was considered nor- mal and Mr. Annunziato replied that he would guess about 1,200 to !,300. Mrs. Borchardt clarified that they have approximately 1,000 care more than normal. They-must consider what can be done to alleviate some of the traffic on 6th Street and the only solution is to open up another street. She is not asking for 6th Street to be closed, but to open another street to share the traffic. She referred to having children of he~ o~nand buying the house on this street when it was not a thru street. If she lived on 4th Street, she probably would not want it opened;- but the people on 6th Street fought hard against the ramp and had to accept it. The basic faot is that 2~000 ears are travelling that street per day right now. She would like her children to play in the street, but they can't. However~ 4th Street seems to be the only solution to have two streets eoming off 25rd Avenue. Nothing will be fair to everybody~ but it is not fair for the one street to have all the traffic. If another street was epened~ it would alleviate some of the traffic. Mr. Rudy B!ank~ 702 S. W. 25th Place, referred to the counter being put on 6th Street and stated that many people will verify that it was net left in place for 24 hours. The count of 2,199 cars is not a true 24 hour check, but is a spot check. He studied the letter from the engineers and concluded that they were under the impression that the request was to close 6th Street and they recommended not putting allt~he traffie onto 4th Street. He explained in his letter that they wanted to keep 6th Street open and share the traffic on both streets. They know the developer is willing to put the proper road in there, but it seems the City is giving him a rough time. He thinks this vote should be held up until some arrangement is made with the developer q~3change the situation. There was also mention of an objection to having two roads onto 23rd Avenue, but on the other side of 1-95, there are many homes with exits onto 23rd Avenue at less than 100 feet. They previously presented two alternate plans with opening 4th or ~th Street. The solution is to keep the traffic evenly divided. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~CH 6~ 1979 Mr. Otto proposed that the preliminary plat be approved as sub- mitted with the Engineering Department requiring the developer to open 4th or 5th Street and they will be glad to. Ail these alternatives have been submitted to all the agencies, but they agree with the plat as drawn. He would like a decision what the City wants do~e and they will be glad to open either 4th or 5th Street. Mayor Harm~iiag replied that he realized the developer has no objection and the City Council has no ~bjection to the approved plat~ but there seems to be some problem. He doesntt know whether it man be resolved in total tonight. He feels we could at least approve the preliminary plat subject to final accept- ance. He does not intend to hold the developer up needlessly. Mr. Bill Thomas, 2714 S. W. 6th Street, stated he didntt think the Council should go ahead and tentatively approve this until a dec/sion is made for another route to alleviate the traffic. This street is a disaster and the Planning g Zoning Board would not make a decision. Mayor Harmenin§ replied that the Planning g Zoning Board did recommend this and Mr. Thomas clarified that the motion was to recommend it to the City Council~ but get it in w~iting from the City Engineer and County Engineer whether it is feasible to cut th~u 4th or 5th Street. Mayor Harmening replied that all kinds of recommendations were forwarded from the City staff and County Engineering Department in regards to this matter. Some other alternates have been looked at also. Mr. Thomas clarified that the traffic should be shared and the Council should not approve this until reaching a decision. Mr. John Holtoway stated in reply and rebuttal to the people speaking from 6th Street~ they have failed to realize the poten- tial straight thru route created if 4th Street is opened. He is familiar with the traffic survey conducted and much of that traffic from 6th Street transfers onto 4th Street and they already have a tremendous volume of traffic. It is a defi~/te problem and he feels sorry for everybody, but he does not feel the Council should penalize the developer who has started developing. This will be solved at a later date. Mr. Tanzy asked the City Planner if we would be tying our hands at this time by approving the preliminary plat and Mr. Annunziato replied that he didn't know what direction the developer Would take from this. Certainly the Council could require a bond for public improvements at the final plat. He referred to the issue coming up again and stated according to our subdivision regulation for new platted developments~ additional cuts into a roadway are not allowed within 660 feet of an existing one. However~ there is a variance procedure in the ordinance for this. -35- MINVdTES - REGHLAR CITY COU/qCIL MEETING MARCH 6, 1979 BOYNTON BEACH~ FLORIDA Mr. Gentry stated that aceording to the plan, the roadways would extend to the right-of-way of 23rd Avenue and if at a later date it is deemed necessary to tie in~ the right-of-way would exist up to 23rd Avenue. Mr. Roberts clarified thatthe developer is entitled to develop~ but thequestionis getting everyone happy, Mayor Harmening added that there is no question of the right for the developer to develop his land and he has expressed the willingness to any directionregarding the roads. He can force the City to approve the plat if necessary, Mr. Tanzy agreed that at a rain point, the Citywould be compelled to allow him to build, Mr. Ho!!oway suggested closing 6th Street and letting all the traffie go through Chapel Hill Boulevard and Mayor Harmening replied that then all the people along Chapel Hill Boulevard would be coming in. It would just be transferring the problem from place to place. Mrs. Risooe moved that we pass this plat with the recommendation that a service road be put in off of the ramp leading off to 6th Street and all the traffic be shared by ,all three streets. Mr. Gentry informed her this was their original submittal, but engi- neering t~hought it was a dangerous situation. It was rejected by City Engineering. A gentlemanin the audience referred to the contractor not paying for it in the end and Mr. Otto clarified that nothing was ever said about not doing it. Mayor Harmening added that the contrac- tor has expressed the willingness to go any route the Council would ask. Mr. Otto agreed and stated that 5th Street was ruled out because of the Engineer Department's objections. Mrs. Riseoe referred to putting stop signs on 4th Street and Mr. Holloway replied this would help, He added that he thinks a service roadwould accomplish the same thing as opening 4th Street directly intoR3rd Avenue, He referred to all the recom- mendations being against opening either 4th or 5th Streets and stated all the engineering reports are only in favor of 8th Street being 'opened. Mr. Dick Kapps, 702 S. W. 27th Place, pointed out the number of homes involved with 4th Street being opened. Mrs. Pat Healy, 2837 S. W. 4th Street, s~ated that 4th Street has heavy traffic now and the cars travel fast. She explained how the people use this street instead of Seaerest Blvd. If it is opened up, it will be a big mistake. Stop signs would be a help now on the street. 6th Street only goes to 28th Avenue and the majority of the people cut over to 4th Street. -36- MINUTES -REGULAR CITY COUNCIL MEETING MARCH 6, 1979 BOYNTON BEACH~ FLORIDA Mayor Harmening referred to hearing the pros and cons and requested a decision to be made. Mr. Roberts suggested that possibly some of these people could discuss this further and Mayor Harmening agreed~ but stated it would only be pushing the f~nal decision down-stream. This is a preliminary plat and the prime question is unresolved. It can be tabled Or whatever~ but ultimately the developer must have an answer. Mr. Roberts made a motion to adopt the plat and continue working on it. Mrs. Riscoe stated that being that a service road was supposed to be the worst!situation~ she moves that 5th Street be opened. Mr. Otto informed her that the City Engineer objected to this because 5th Street has too high of anemba~ment. Mayor Harmening clarified that Mr. Roberts made a motion to app~ve the preliminary plat and ascertained that it died for lack of a second. Mayor Harmening clarified that Mrs. Riscoe made a motion to approve the plat and direct the developer to opsn 5th Street. Mr. Strnad seconded this motion. Under discussion, Mr. Clark referred to this being a preliminary plat, but explained that the development plans are supposed to be substantially complete. He thinks the service road option was not approved by the County, but he thinks it still might be possible to have a connection to 6th Street. He explained the consideration given each alter- nate submitted. Mayor Harmening then clarified that the motion was to approve the preliminary plat and construct a service road to tie into 6th Street at 23rd Terrace and Mrs. Riscoe corrected him that the motion was to tie in 5th Street. Motion carried 4-0. Recommendation from Planning $ Zoning Board to Approve Phasing Plan Submitted in Conjunction with Kirsner/Faber PUD Rezoning Mrs. Tinker stated copies were submitted of information from our City Planner, Mr. Carmen Annunziato: letter of February 15, 1979 from Mr. Joseph Cogen of Cranbmook Lake Estates~ site drawing and excerpts from the Planning g Zoning Board meeting of February 27th. The phasing plan has been submitted in conjunction with the approved Kirsner/Cogen PUD rezoning. Said plan was not submitted at the time of zoning. The Planning $ Zoning Board unanimously recommended that the Phasing Plan be approved subject to construc- tion of alt applicable improvements as per the approved Master Plan. The motion toaspprove was made by Mr. Hester and seconded by Mr. DiSalle. Mrs. Riseoe moved to accept this recommendation according to the Planning & Zoning Board to appmove the Phasing Plan, seconded by Mr. Roberts. No discussion. Motion carried 4-0. -37- MINUTES - REGIILAR CITY COliN(IlL MEETING MARCH 6, 1979 BOYNTON BEACH, ~LORIDA Consider Request from B~nai B~rith Haifa Lodge 2969 for Use of Council Chambers Mms. Tinker read a letter from the B~nai B'rith Haifa Lodge 2969 requesting the use of the Council Chambers to hold a meeting on the last Thursday of the month of March. Mr. Maurice Moresque clarified that the request was to use the Council Chambers for meetings nine months of the year on the last Thursday of the month, They have 270+ members and ~ind it hard to convene in other plaeeSo They have had access to the Council Chambers for 1~ years. Mayor Harmening asked if this would present any eonflicts in the schedule and Mrs. Padgett replied that she didn't think so and usually Thursday night is the freest evening. Mayor Harmening stated if something should come up of vital importanee for Thurs- day night~. ~ might have to pre-empt this group and Mr. Moresque replied that would be all right. Mr. Roberts referred to allowing the use by one lodge and stated probably within a month, 50 o~3aPizations would be asking to use this building. He thinks it may cause a lot of problems for the City with allowing one to meet and not another. He would hesi- tate to set up a schedule, Mr. Strnad replied that he thinks these people should be able to use the Cbaneil Chambers as they are taxpayers. Mr. Roberts has a policeman here for this meeting and he is paid extra money. If there are other groups, there is no reason they can't come in also. Mr. Strnad moved to allow this gmoup to meet here. Mrs, Riscoe asked if there is a fee and Mr. Moresque replied affirmatively and they ha~e paid a fee in the past~ Mrs. Riscoe referred to possibly having something else scheduled for the chambers and Mr. Moresque replied that they would understand. Mrs. Risooe then seconded the motion. No discussion. Motion carmied 3-1 with Mr. Roberts dissenting, Request foraa Fire Traffic Light at Sub-Fire Station on Congress Avenue and Main Fire Station on N. E. 2nd Avenue Mrs, Tinker referred'bo this coming out at the Safety Conm~ttee meeting held on February 9 and read the request from the minutes: ~Larry Jaquiss asked that a letter be sent to the City Manager requesting a f-~re traffic light at the sub-station at Congress and on 2nd Avenue for the main station. He said if we had such a light~ we would not have accidents similar to the one last month where a firefighter was injured because the ambulance had to stop suddenly while attempting to enter 2nd Avenueo~ She would like to know whether to proceed with this. -38- M!NTJTES REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1979 Mayor Harmening asked if money was budgeted and Mrs. Tinker re- plied negatively~ that we do not have the money at this time. Mayor Ha~mening asked if the County would install them and Mrs. Tinker replied that she will ask Mr. ~lark to ask them. Mayor Harmening suggested possibly appmoving in concept pending obtain- ing the funds needed. Mrs. Riscoe moved to instruct the City Manager to proeeed with the negotiations with the County and bring back a cost breakdown where the funds are coming fr<)m. Mr. Strnad seconded the motion. No discussion. Motion carried 4-0. Consider Request from the Boynton Beach Jaycee's for th~Waiver of $950,00 Circus Permit Fee Mrs. Tinker referred to having a request from the Jaycee's and stated she considers tttis a worthwhile cause. Ail the necessary investigations have beenmade. They are requesting the City Council waive the $250 circus permit fee. She would like the Council's approval. Mr. Roberts moved to grant the request of the Jayeee's~ seconded by Mrs. Riscoe. No discussion. Motion carried 4-0. Review and DiscusSion of Proposed Sign Ordinance Mayor Harmening referred to this containing a number of revisions and Mrs. Riseoe moved to table this, seconded by Mr. Roberts. Motioncarried 4-0. Consider Establishing a Date for A Workshop Meeting to Review Additional City Manager Applications Councilman Norman F. Strnad Mr. Strnad announced that he would like to get on with the business of hiring a City Manager. He has gone through the previous City Manager applications and came across one which he thinks is very good for this City and he is sure there are many more we can dis- cuss. He would like a meeting set up to go throughttheseappti- cations. After discussion~ it was agreed to meet on Monday at 7:30 P. M. Consider Ordinance Prohibiting any Person to Operate Apiaries or Otherwise Maintain Bees Within the City Limitss Mr. Stmnad announced that he is about to get additional informa- tionwhieh may cause this Council to make anintelligent decision whether thisordir~nee should be passed or not and he would like to table this until receiving this information. Mrs. Ri scoe seconded this as a motiono Under discussion, Mr. Roberts referred to people waiting so late for this and stated he thinks they should be given the courtesy to say a few words. He requests the Councilman to withdraw his motion and leave the people talk. Mr. Strnad replied that they can still talk. Motion lost 2-2. -39- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1979 Mm. John L. Jaekson~ Ocean Drive, stated that he ow~s pmoperty on 1st Court at 7th Street and has 88 ei~rus trees. The bees have never bothered anyone. Me told about Mr. Smiles issuing red tags to him and telling him he had to get rid of his bees because a woman was stung several blocks away. Bees are important for the ecology of the country. This is a hobby with him. In re- sponse to receiving the red tags~ he told about eontaeting his attorney and Councilman Roberts and then presenting a petition to the City Manager. Bees are only a nuisance in a congested area and we would not have any flowers if it was not for the bees. Mr. Roberts added that he talked to this gentleman and informed him that the business wasn't allowed and was told that he only maintains a few hives. He does have a large feneed-in lot. Mr. David Lobell~ Chairmanof the Education Committee of the Palm Beaeh County Beekeepers Association, stated that he offi- cial] y represents over 40 beekeepers in the County. Florida ~ften leads the nation in total honey production. It is a multi-million dollar business. Berries and fruits depend on bees forpollination. Bees are needed by Boynton Beach and can very safelybe kept in Boynton Beach without~any neighbors being annoyed. He told about having very simple rules for allowing bees to be kept. Mr. Roberts suggested that nobody should keep bees on a commer- cial basis in the City limits and Mr. Lobell replied that was Item 1 of the good neighbor policy. Mr. Bill Gordon, a~ember of the Palm Beach County Beekeepers Association~ told aboutworking presently with the County At- torney .and Animal Control Officer on a proposed bee ordinance to be adopted by the County Commission. They expect to have the ordinanee within the next 60 days and would like to have this tabled until they are aware of the plan of the County. Mr. Strnad moved to strike this from the agenda, seconded by Mrs. l{iscoe. No discussion. Motion carried 4-0. Consider Acceptance of Resignations: 1. Mrs. Rose Smith, Community Appearance Board 2. Mr. Joe Smith~ Community Relations Board Mr. Roberts moved to accept the resignations of the Smiths~ seconded byMrs. Riseoe. No discussion. Motion carried 4-0. Consider Replacements for Above Mrs, Riseoe nominated Mrs. Doris Rogers for the Community Appear- ante Board. Mayor Harmening ascertained there were no further nominations. Mrs. Ri scoe moved to appoint Mrs. Doris Rogers, seconded by Mr. Strnad. Motion earried 4~0. -40- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1979 Mr. Roberts referred to the Community Relations Board having 13 members and stated that it may get unwieldy. Mayor Harmening referred to one gentleman having expressed interest in serving on the Board and nominated Mr. Arthur Berman. Mm. Strnad nomi- nated Mr. Hy Rosenthal. Mayor Harmening called for a vote on the nomination of Mr. Hy Rosenthal and the vote tied 2-2. Mayor Harmening called for a vote on the nomination of Mr. A~thur Berman and the vote tied 2-2. Consider Application for Occupational License Submitted by Mr. Raymond Ciccone dba Twentieth Century Cab Company to be Located at 725 North Federal Highway Mr. Roberts asked if everything was in order and Mrs. Tinker replied affirmatively and added that an excellent police report was submitted. Mr. Roberts moved to grant the occupational license to Mr. Cieeone dba Twentieth Century Cab Company, seconded by Mrs. ~iscoe. Under diseussion~ Mayor Harmening referred to there being a need f~another ea~ company and stated he surveyed the sitatuion in depth and at this time~ does not find the need for any additional vehicles. Mr. Roberts withdrew his motion and requested a report to be submitted at the next meeting as to the number of cab companies, etc. Mrs. Riseoe moved to table~ seconded by Mr. Strnado Motion carried 4-0. Applications for Permit to Solicit Submitted by: 1. Boynton Beach Elementary Parent Teacher Group 2. Cline Pautsoh Post Auxiliary No. 164 Mrs. Riseoe moved to approve, seconded by Mr. Strnad. sion. Motion carried 4-0. Approval of Bills Mrs. Tinker read the following bills for approval: Allied Universal Corp, Chlorine for Water Treatment Plant Pay from budgeted ~nds 401-332-533-30-65 ~ack Nicklaus Pontiac, Inc. Two pickup trucks for Water Distribution Pay from budgeted funds 401-333-533-60-83 Council approved 12/6/78 No discus- t, 575. O0 9,305.68 MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6~ 1979 3o Ca!qon Corp, !2.420.00 C-8 Phosphate for Water Treatment Plant Pay f-rom budgeted funds 401-332-533-30-65 Bid approved 3/28/78 4, Aqua Chem Co,~ Inc, 2,888.50 Lime for Water Treatment Plant Pay fmom budgeted ~unds 401-332-533-30-65 5. Willie Ruth McGrady 86.40 Server for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 320-87!-570-02-5A Ordinance ~73-!5, passed 5/15/73 6. Isiah Andrews 99,00 Driver for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 320-871-570-02-5A Ordinance ~73-15~ passed 5/15/73 7. International Business Machines Rental on computer Pay from budgeted funds 001-133-513-40-21 3,437. O0 Mrs. Tinker stated the bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department~ funds are available in their respective budgets. She, therefore, recommends payment of these bills. Mr. Roberts moved to pay our bi!!s~ seconded by Mrs. Riseoe. No discussion. Motion carried 4-0. ADJOURNMENT Mrs. Riseoe moved to adjourn~ seconded by Mr. Strnad. Motion earmied 4-0 and the meeting was properly adjourned at 12:20 A.M. ATTEST: City Cierk - g mecoralng ~ecre~ary (Five Tapes) -42- CITY OF BOYNTON/$EACH~ FLORIDA  Mayor ..3/ d' ~' Vice Mayor Councilman Mr. Wm. H. sullivan, Director Personnel Department '-FP,.OM -' Telephone 732.-8111 CITY OF BORON BFACH Office of th~ City ~an~9~r P. O. BOX 310 BOYNTON BSAOH, FLORIDA $S485 Resolution No. 78-FEqH ..... __DATE:~ 2/22/79 As you are aware, at the February 20, 1979 City Council meeting, Councilman Norman F. Strnad directed me to. find out how an? why Resolution No. 78-~was ~laced on the agenda last year ~lthout the ~nowledge of either ~hlef Gene Wright or you an~ without having received any recommendations or input to procee~with the resolution. Anything you may belableto do to enlighten us on this matter will be very much appreciated. Please have your reply to me no later than Monday, February 26, 1979. PLSASE REPLY TO ~ SIGNED Act: ?,.EPLY As I told you previously this ~as not. processed ttuco~gh normal channels n~mety tl%e Chief, PersoD_net and tl~e Civil Service Appeals Board.. It was. put on the agenda in December. Please check your agenda ,memorandums and this may indicate who put it on that agenda. DATE: 2/26/79 SIGNED THiS CO~Y FOP, PERSON A~DRESSED TO: Annette P. Tinker February 28, 19~9 Inasmuch as you were not in this office in December of. 1978, and I was responsible for'the preparation of the agenda at that time, I wish to advise that I'.have not found, nor do I recall any %~itten correspondence pertaining to Resolution No.. 78-~U~5t. As you can see by the notation on the attached, the above R~solution~ras received in this office on the same day as the 12/19/78 City-Council meeting. Further, in checking my copies of the agendas, it is not listed for the City Couacil Meeting of December i9, 1978, indicating that I had no knowledge of this Resolution until it arrived, otherwise, t most definitely would have included it when typing the agenda. Peggy Boulle Attachments- TO SUBJECT An~et te Tinker Acting City .M~nager FROM C. E. Wright Fire Chief Resolution 78-~i Date 3/1 ~9 In regards to Resolution 78-~t~t, this report is as follows. I- I, as Chief, never saw the resolution until after it was passed by council ~d ~ not ~fo~ of it. 2- I would p~s~e that the re~lu~ ~s prep~r~ by ct~ atto~ey, a ~cilm~ or ci~ m~Eer, as they u~ly are. REPLY Signed T Redilype 460