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Minutes 10-03-78MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT CITY HALL~ BOYNTON BEACH~ FLORIDA, TUESDAY~ OCTOBER 3, 1978 AT 7:30 P. M. PRESENT Emily M. Jackson, Mayor Edward P. Harmening, Vice Mayor Richard D. Caldwe!!, Councilman Joseph DeMarco, Councilman David Roberts, Councilman Frank Kohl, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Mayor Jaekson welcomed everyone and called the meeting to order at 7:30 P. M. She announced the Invocation will be given by City Manager Prank.Kohl and the Pledge of Allegiance to the Plag led by Councilman David Roberts. She requested everyone to please rise. AGENDA APPROVAL Mayor Jackson asked if there were any additions~ deletions or corrections to the agenda. Mr. Kohl referred to Applieations for Permit to Solicit and re- quested the addition of an application from the Boynton Beach Community Improvement Forum. He then re~aested under the Approval of Bills the addition of a bill from Retirement Plans, Inc. in the amount of $3~349.25 which was approved by the Pension Board at their meeting on September 29, 1978. He added that he also re- ceived an application for an a!eoholie beverage license for the Couneil~s approval from the Crab Dock in Gulfstream Marina.- Mayor Jackson requested the addition of Christmas Parade under Old Business. Mr. DeMareo moved to approve the agenda as corrected, seconded by Mr. Caldwell. Motion carried 5-0. ANNOUNCEMENTS Mayor Jackson referred to the Referendum Electionseheduled for ThUrsday~ October 5~ 1978, having very li~t!e publicity and stated there is animportant referendum asking whether the Soil and Water Conservation District should be split. At the present time~ Palm Beach an~,~Broward Counties are together. The people who serve are not paid~ but sometimes have to travel 100 miles from Broward to Palm Beach County. There is also the feeling that Broward County has'urbanized and they do not have the agricultural areas and their problems are different than ours. She hopes everyone will go out and vote on this item. Mayor Jacksonannounced that City Hall will be closed on Monday, Oetober 9, 1978 in observance of Columbus Day. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP/DA OCTOBER 3, 1978 MINUTES Regular City Counei! Meeting - September 19, 1978 Mayor Jackson referred to the last two paragraphs on Page 7 and clarified that it was not aotually an addition of 26+ acres with single family homes, but a substitution of one kind of zoning for another. Mr. Ca!dwell moved to accept the minutes as corrected and elari- fied~ seoonded by Mr. DeMarco. Motion carried 3-0 with Mr. Harmening and Mr. Roberts abstaining. Special City Council Meeting - September 26, 1978 Mr. Caldwelt publiely apologized for not attending this meeting and explained that he had wmitten down the right time but the wrong day. Mr. DeMarco moved to approve the minutes as submitted, seconded by Mr. Roberts. Motion carried 3-0 with Mr. Harmening and Mr. Catdwell abstaining. PUBLIC AUDIENCE Mayor Jaokson announeed if there was anyone in the audienee wish- ing to speak on any item on the agenda to please give their name to Mrs. Padgett. She asked if anyone wished to speak on any item not on the agenda and received no response. BIDS Wilson Park Ballfie!d Lighting System Mr. Kohl informed the Council that bids on the above were opened on Tuesday, September 26, 1978 at 3:00 P. M. in the office of our Purohasing Agent~ Mr. William Sullivan. The Tabulation Committee reoommends acceptance of the low bid from J & P Eleotrieal Con- tractors Corporation: Fort Lauderda!e, in the amount of ~34~400. A eopy of the Tabulation Sheet, Pmoposal and Affidavit si~ned by Mr. Jaoques Paul, President, have been shbmitted. All legal requirements have been met. This project will be funded by the Palm Beach County Community Block Grant, Account No. 001-000-115- 87.00. He eoneurs with the recommendations of the Tabulation Committee. May he have CounoilTs wishes on this matter please. Mr. Ca!dwe!l moved to accept the Tabulation Committee[s recommen- dation and grant the bid to J & P Eleetrical Contraet~rs Corp. for the amount of ~34,400. Mr. Harmening seconded. No discussion. Motion carried 5-0. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1978 Sara Sims Road Construction Mr. Kohl informed the Council that bids on the above were opened on Tuesday, September 26, 1978 at 4:00 P. M. in the Office of our Purehasing Age~t~ Mr. William H. Sullivan. P~ease be advised that the Tabulation Committee recommends acceptance of the sole bid from Hardrives, Inc. in the amount of 545,014.80 with the stipula- tion that inasmueh as this bid was higher than anticipated, a change order will be prepared to reduce the scope and the price of this project by approximately $10,000. A copy of the Tabula- tion Sheet, Proposal and Affidavit signed by Mr. John W. Nutbrown, Vice President of Hardr~ves, Ina., have been submitted. He has checked all requirements and everything is in order. This project is to be funded through the Palm Beach County Community Block Grant Program. He concurs with the recommendations of the Tabula- tion Committee. May he have Counei!'s wishes please. Mr. Caldwell referred to seeing a memo regamding the rebidding of this and Mr. Kohl informed him it was not on this. Mr. DeMarco referred to it being a sole bid and Mr. Kohl replied that people have been asked to bid, but everybody is busy and do not want these small jobs. Mr. Ca!dwell asked if Hamdrives would aecept the smaller job and Mr. Kohl replied affirmatively. Mr. Harmening moved to award the bid on road construction at Sara Sims ?ark to Hardrives~ Inc. in the amount of $45,014.80 upon the recommendation of the City Manager and Tabulation Committee, Mr. Kohl suggested that he be allowed to negotiate to reduce this by ~10~000 and Mr. Harmening replied that this could be done with a change order. Mr. Caldwe!l seconded the motion and the motion carried 5-0. Installation of Septic Tank System at Public Beach Mr. Kohl informed the Council that bids on the above were opened on Wednesday, September 27, 1978 at 1!:00 A. M. in the office of our Purchasin~ Agent, Mr. William Sullivan. The Tabulation Com- mittee recommends acceptance of the low bid from Roberts Septic Tank, Inc. in the amount of $3,400.00. A copy of the Tabulation Sheet and Proposal with Affidavit signed by Jerry Roberts, Vice Pmesident, have been submitted. All legal requirements have been met. Funds are available in Account No. 001-i92-519-60.94, as budgeted for FY i978/79. He concurs with the recommendations of the Tabulation Committee. May he have Council's wishes on this matter please. He added that one of these septic tanks is approx- imately 40 years old and has caved in. There is a direct pipe running to the other septic tank. We are going to place a new tank in a new location and replaee all the drain fields. -3- MINUTES - REGULA~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 37 1978 Mr. Harmening moved to award the bid for a septic tank at the public beach to Roberts Septic Tank, Ine., in the amount of $3,400.00. Mr. DeMarco seconded the motion. Under diseussion~ Mayor Jackson referred to damaging the grass or parking lot and Mr. Kohl explained that some would have to be torn up but will be replaced. Motion carried 5-0. Mr. Roberts added that there is no conflict of interest as he is not related to this firm. Lowering ~6" Ductile Iron Pipe for Seacrest Boulevard Mr. Kohl informed the Council that bids on the above were opened on Friday, September 29, 1978, at 11:00 t. M. in the Offiee of our Purchasing Agent, Mr. William H. Sullivan. The Tabulation Committee reeommends aceept~nee of the low bid from R & R Utilities of Lake Park in the amount of $26,187.50. They are not able to furnish bonds as noted~ and it has been recommended that the bonds be waived in accordance with Item No. 10 under General Conditions. A copy of Tabulation Sheet, Proposal and Affidavit signed by Mr. Fella O. Roberts, President of R $ R Utilities~ have been sub- mit-ted. He has checked all other requirements and everything is in order. This project is to be funded from the Utility Fund, Water Distribution Aceount No. 401-333-533-40-5K. He concurs with the reeommendations of the Tabulation Committee. May he have Counei!~s wishes please. Mr. Caldwe!! moved to grant the bid for lowering 16" ductile iron pipe for Seaerest Boulevard to R & R Utilities of Lake Park in the amount of ~26,187.50 and also waive the requirements for the bond. Mr. Harmening seconded the motion. Under discussion, Mr. Harmening referred to this line only having been in for four years and on the Countyts plan for widening Seacrest Boulevard, this was shown as the proper elevation and even a shade lower than shown on the County's plans. What happened? Mr. Kohl agreed that when the job was started four years ago, meetings were held with Palm Beach County and DOT and we were never told it was wrong or should be lowered. Mr. Harme~nq clarified that nothing was mentioned at the pre-eonstruction eonferenee and Mr. Kohl agreed, but now the contractor says werare in error. This is the same thing which happened on WoolbrightI Road. Mr. Harmening stated that we are always responsible for moving or relocating utilities in road rights-of-way, but he objects to the fact that withthis eontraetor, it always comes up after the fact, If they come to us when plans are being drawn, that is one thing~ but in this case, he always eomes after the fact. Mr. Kohl added that he personally sent a letter to Mr. Kahlert, the County Engineer, but never received a reply. Mr. Harmening stated that they were installed at the proper elevation and Mr. Kohl replied affirma- tively and added that it was never said at that time that we were in error. Mr. Hammening referred to State read funds being involved and Mr. Caldwel! agreed, but stated theyare still our funds and the proper research is not done into projects like this and the results are additional money must be spent. MINHTES - REGULAR CITY COHNCIL MEETING BOYNTON BEACH: FLORIDA OCTOBER 3, 1978 Mr, Harmening questioned how much this pipe has to be lowered and Mr. Cessna explained that there is approximately 3,500 feet out of approx~imately 5,000 feet which has to be lowered and the mini- mum is 3T' on one portion but in some portions, it is as much as 18~. Mr. Harmening asked if ir'was in the way of the Storm drain and Mr. Cessna replied negatively and explained that the utilities were plotted so they could be designed around. Mayor Jackson ques- tioned the location and Mr. Cessna informed her that it starts at the south entrance of the water plant and goes to the hospital. He explained that no !ower~dgwas needed between 23rd and 25th Avenues. He added that it was laid withadequate cover based on the elevations of the street, but there were no plans atthat time for widening. Mr. Harmening stated that it may behoove us in the future ifwe lay anywater lines, including smaller lines and replacementslines, perhaps instead of 3 ft. lower even more on any right-of~way where' we anticipate any major roadwork. Mr. Cessna replied that we are going to a minimum of 42" on any exist- ing major roads. Also, M~. Clark is eheoking on the north section to see if there, are any eonf!iets. Motion carried 5-0. SITE DEVELOPMENT PLANS NONE LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 78-46 - Re: Rezoning Portions of Beverly Hills Addition No. ~ from R-lA and C-2 to C-1 and C-S; Further Providing for C-3 Zoning on Vacated Portions of N. W. 4th Street (Leemon's Request/Motel) Mr. Moore read proposed 0rdinanee No. 78-46 by caption on second reading. Mayor Jackson asked if anyone in the audience wished to speak in favor of this ordinance and received no response. She asked if anyone wished to speak in opposition to this ordinance and re- ceived no response, Mr. Caldwel! moved the passage of Ordinance No. 78-46 on second and final reading~ seconded by Mr. DeMarco. Under discussion~ Mr. Roberts stated that he would like some questions answered before this is voted on. Has there been any ordinance introduced for the abandonment of 1st Avenue~ Mayor Jackson informed him a resolution was passed at the last meeting. Mr. Roberts questioned how many utilities were located in this area and added that usually letters from the utility oompanies with comments are included for review. Mayor Jackson replied that there &~esewer and water lines which are being moved at the owner's expense. -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA OCTOBER 3, 1978 Mr. Cessna,clarified that on 4th Street, West, there is nothing in there now as far as sewer and water utilities, He explained how the water lines are routed around the north side of the pro- perry. There is sewer on 1st Avenue and he also understands There is a main trunk telephone and gas line in the road right-of-way running east and west under 1-95. Mr. Roberts replied that usually we receive letters from these compan~s. Mr, Ca!dwell clarified that originally there was a request for abandonment of Ist Avenue~ but that request was denied. The only portion.of abandonment of any 'street is that section of N. W. 4th Street north of Ist Avenue. No~ng will be touched on lstAv~nue where Mr. Cessna indicated the trunkline and sewer and water lines are located. Mr. Roberts clarified that 1st Avenue has not'been touched and Mr. Caldwell replied affirmatively. Mr. Roberts clari- fied that just the sewer lines in 4th Street have to be relocated. Mr. Cessna informed him that he met today with Mr. Leemon and his arcbitectand engineer and they have agreed to relocate the !6T~ water line feeding to the west of the City-at the point where he feels it is appropriate. They will confirm this inwmiting and will pay the cost for relocation. Mr. Roberts added that the proper easements will be given and Mr. Cessna agreed. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman Caldwell Aye Councilman DeMarco - Aye Vice Mayor Harmening - No Mayor Jackson Aye Councilman Roberts No Motion carried 3-2. Proposed Ordinance No. 78-47 - Re: Christian Villas, Plat No. 1 Mr. Moore read proposed Ordinance No. 78-47 by caption on second reading. Mayor Jackson asked if anyone in the audience wished to speak in favor of this ordinance and received no response. She asked if anyone wished to speak in opposition to this ordinance and re- ceived no response. Mr. Harmening moved the adoption of Ordinance No. 78-47 on second and final reading~ seconded by Mr. DeMarco. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Councilman Caldwell Aye Motion carried 5-0. --6-- MINI1TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA OCTOBER 3, 1978 PUBLIC HEARING - 8:00 P. M. Rezoning Requests Parcel: Request: Location: Use: Applicant: A Portion of Section 7, Township 45 South, Range 43 East, lying West of the Right-of-way line of Congress Avenue - Containing 287=31 Acres Rezone f-rom R-iAAA to PUD with LUI of 3.36 The Southwest Corner of Hypo!uxo Rd. & Congress Ave. Planned Residential Community Paul Wolfe, Attorney for C L'H Properties (Mea~ows) Mr. Kob~ informed the Council that the Planning & Zoning Board, after conducting a Public Hearing at their regular meeting of September 12, 1978, unanimously recommended the rezoning request submitted by Paul Wolfe, Attorney for C & H ~roperties, to rezone from R-iAAA to PUD with a land use intensity of 3.36 to provide for 1~395 mixed type dwelling units (density = 4.85 units per acre) be approved subject to the list of staff recommendations submitted. The motion to approve was made by Mr. Lambert and seconded by Mr. Winter. Anexeerpt from the Planning $ Zoning Board meeting minutes has beensubmitted and a printshowing the location of the proposed project. May he have Council's wishes on this matter please. Mayor Jackson asked if anyone in the audience wished to speak in favor of this or give a presentation on this and Mr. Paul Wolfe appeared before the Council. He introduced their planner, Mr. Julian Bryan, who will present the app!ica.~ion and p!an~ Mr. Stanley Pranks, President ~f C S H Properties~ and Mr. Walter Keller, Traffie Engineer. Mr. Wolfe referred to being in contact with Palm Beach County with regard to Congress Avenue and told about a memo of under- standing having been drafted and executed withregard to the wideninc of Conqmess Avenue. He also told about being in con- tact with the Palm Beach County School Board and through nego- tiations with the attorney for the School Board, they have pre- pared a contract which will be executed. Mr. Cal~el! referred to developers adding an addendum previously to the agreements witht~he School Board including language limiting the spending of those funds for schools %¢ithin the corporate limits oK annex reserve area as opposed to the School Board's general terminology of the Boynton Beach area. Mr. Wolfe informed him that the agreement provides specifically for the City of Boyn~on Beach or its reserve annexation area. Mr. Julian Bryan, Land Planning & Zoning Consultant, appeared before the Couneil and distributed a redueed plan to the Council members. He then explained the location of the property and the existing land uses in the area. Mayor Jackson questioned the distance to Lawrence Road and Mr. Bryan informed her that it is about 2,000 ~eet-west of the tract. He pointed out the existing land uses and stated that they have shown land uses compatible to these. --7-- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOPs!DA OCTOBER 3, 1978 Mr. Bryan then showed a sheet showing the soil associations in the area and a listing of the adjacent property owners. He showed a topographic map and explained how their plans would tie into it. He showed a sheet showing the soil tests also and then the land use plan. Mr. Caldwe!l asked if the lakes were going to be inter- connected and Mr. Bryan replied affirmatively and explained how they would connect to the canal to provide the proper drainage. Mr. Ca!dwe!l asked if they would accommodate small boats and Mr. Bryan replied they will be connected withdrainage structures, but a boat could not navigate from one lake to the other. Mr. Bryan referred to the land use plan and explained that a change had been made to have two roadways exitI~g to the west as requested by the staff. Also, within the major loop road, they have provided the backbone water and sewer system. They have also made provisions for looping the system through the 60 ft. roads to the west for future development. Me explained how the tracts on the south and west reflected single family develop- ment with lower densities with an increase up to Congress Avenue on the east and garden apartments to the north to the out parcel being requested for business use. He explained the variety of housing types and price manges. A road has also been added to the north to run adjacent to the not included parcel for business giving access into the shopping center site without having to go onto Congress Avenue. The other major consideration of the plan is park sites~ 7.2 acres alone Congress Avenue, 4 acres in.the rear, and a 20 ft. green belt running along the western right-of- way of Congress Avenue which will terminate at the park which will be available to the public. Further, to meet the park re- quirements, additional amounts have been.indicated in all the tracts which will be restricted to each parcel. He pointed out that ot~er land uses were indicated suchas roadways, canals~ parks, lake systems and phasing. With regard to phasing, they have anticipated since the water and ~ewer will be coming from the south, the first appropriate tracts to be developed would be A~ B, N~ and J to give variety. The water and sewer is some distance to the southof the tract and the major developers have been discussing brining in ~hese services. Mm. Roberts questioned the height of the garden apartments and Mr. Bryan replied that ~t this density, he anticipates they would be two or three stories. Mr. Robemts stated that he would prefer something like this rather than having townhouses strung ou~ back to back and side to side. He referred to the County accepting lakes as open recreation space and explained that he was not in agreement to this. He feels we should keep the den- sity as low as possible and have as much open space as possible. Mr. Roberts asked if the rights-of-way on the future roads have been dedicated to the City and Mr. Bryan replied negatively~ but it will be done by separate legal instrument or when platting the parcels. He added that they have been requested to provide an -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER3, 1978 additional 10 ft. right-of-way on the west side of Congress Ave. as well as 68 ft. on Hypo!uxo Road to allow for moving the canal and widening Hypoluxo Road. Mr. Roberts asked if private roads would be going into the 80 ft. right-of-wayand Mr. Bryan replied negatively~ but some will be public and will be built to City standards. Mr. Harmenin9 stated that if they are going to ~ve!op Parcels A~ B~ J, and N initia!ly~ a considerable portion of this 8 ft. right-of-way,would be dedicated early and Mr. Bryan agreed. Mr. Ha~mening clarified that not much was left in alternatives and Mr. Bryan agreed. Mr. Caldwetl questioned the time table between the phases and Mr. Bryanrep!ied that they do not have one realistieally~ but are probably talking about two or three years ~or the first phase. Mr. Caldwetl referred to single family homes being built and Mr. Bryan pointed out that Parcels B and N would be single family detached homes on platted lots. Mr. DeMarco questioned the price range and Mr. Bryan explained how they would sell for approximately $40,000 to $60,000. Mr. Wolfe then clarified that in regard to interconnecting water bodies, they are required to provide drainage structures to hold water so it is retained. He explained how it would be difficult to intereonnect any water bodies with following the new rules. Mayor Jackson asked if anyone else in the audience wished to speak in favor ~ this and received no response. She asked if anyone wished to speak in opposition to this and received no response. Mr. Ca!dwell moved the approval of the rezoning request on behalf of C & H P~operties from R-/3~AA Holding to PUD with LUI of 3.36 as submitted to the Council and approved by the Planning & Zoning Board subject to staff comments. Mr. Harm~ning seconded the motion. Under discussion, Mr. DeMarco stated that it is understood they will provide sewer and water and Mayor Jackson replied'that the motion included the staff comments which included this. As re- quested~ Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Motion carried 5-0. -9- MINUTES - REGHLAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1978 Parcel: Request: Location: Hse: Applicant: A Portion of Section 7, Township 45 South, Range 43 East~ lying West of the Right-of-way Line of Congress Ave. - Containing !2.641 Acres Rezone from R-1AAA to Southwest Corner of Hypoluxo Rd. & Congress Ave. Community Commercial Center Paul Wolfe, Attorney for C & H Properties (Meadows) Mr. ?aul Wolfe appeared before the Council again and stated he really did not 'think there was any need to take time talking about this. The ~oadway was explained in the first presentation. He will be glad to answer any questions. Mayor Jackson asked if they were in agreement with the County traffic and staff requirements and Mr. Wolfe replied affirma- tive!y and added that when the County did the memo of understand- ing~ it included both petitions as one. Mayor Jaekson asked if anyone in the audienee wished to speak in favor of this and received no response. She asked if anyone wished to speak in opposition and received no response. Mr. Harmening moved to grant the rezoning request of C & H Proper- ties for a portion of Section 7~ Township 45 South, Range 43 East, lying west of the right-of-way line of Congress Avenue containing 12.641 acres to be rezoned from R-/AAA to C-3 for a community commercial center subject to all staff comments. Mr. DeMaroo seconded the motion. Hnder discussion, Mr. Caldwell commented that he likes the idea of the road going into the commercial area from the residential area taking the burden off Congress Avenue. Motion carried 5-0. LEGAL (Continued) Ordinances - 1st Reading Proposed Ordinance No. 78- Re: Relating to the Issuance of Permits for Charitable Solicitations Requiring that a Percentage of Proceeds Derived from such Solicitations be Expended in the City of Boynton Beach (Tabled) Mr. Moore referred to obtaining copies of the ordinance from West Palm Beach and advised that these were furnished to the Council members. Mayor Jackson referred to the West Palm Beach ordinance being extensive and stated she felt we could make it simply that a majority of the money collected is to be spent in Boynton Beach. She referred to the time when an out-~f~town group applied to solicit and stated she feels only our own groups should solicit unless it is the Heart Fund or something like that. Mr. Harmening added that quite a bit df the Gir~ Scoutst proceeds stays in the County. Mayor Jackson agreed that the.Sirl Scouts and Boy Scouts operate in a reg~ona! area. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOP~IDA OCTOBER'S, 1978 Mayor Jackson.suggested that each member of the Council review the ordinance and submit anysuggestions to Mr. Moore. Mr. DeMarco questioned the amount ~of the percentage and Mayor Jackson replied that the West Palm Beach ordinance has excess wording in it. Mr. Roberts agreed that ~it did not have to go in much depth. He suggests that ~it be worded that no such per- mit shall be issued unless at least "some'~ of the proceeds de- rived from solicitations is to be expended within the City of Boynton Beach. He added that he noticed tonight ~that the Shminers sub,trod a re,est and he explained how they operated 28 hospitals throughout the United States and he couldn't see how it could be stipulated that a certain percentage of the proceeds go to Boyn~n Beach. Mayor Jackson replied that we could not exempt anyone as it 'would be discrimination. Mr. Roberts suggested stating '~some'' a~d including at the discretion of the Council. Mr. tIaz~ner~ing ~&~iied that he did not think this could be done according to the laws. HoWever, possibly a small percentage could be noted~ SUCh as 10%~ which may tend to eliminate certain types of Soticita~tions and Mr. Kohl replied that it is possible for any organization to give t0%~ even those we may not want. Mr. Ca!dwe~ Suggested raising the percentage providing for exemp~ons to be decided by the Council. Mayor Jacksonsuggested that it be left-on,the table and requested everyone to give it further thought and submit suggestions to Mr. Moore. Proposed Ordinance No. 78-48 - Re: Rezoning Parcel of Land Located in Section 8, Township 45 South~ Range 43 East, From Zone R-IAAA to Zone C-3 (12.510 Acres - F & R Builders/Boynton Lakes) Mm. Moore mead proposed Ordinance No. 78-48 by eaption on first reading. Mr. Hammening moved the adoption of Ordinance No. 78-48 on first reading~ seconded by Mr. DeMaroo. No discussion. Mrs. Padgett tooka roll call vote on the motionas follows: Councilman Roberts - Aye Councilman Caldwell - Aye Councilman DeMareo - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOR/DA OCTOBER 3, 1978 Pmoposed Ordinance No. 78-49 - Re: Rezoning Paroel of Land Located in Seetion 87 Township 45 South, Range 45 East, From R-iAAA to Planned Unit Development (PUD) with hand Use Intensity (LUI) of 4 (229.09 Acres - F & R Builders/Boynton Lakes) Mr. Moore read proposed 0mdinance No. 78-49 by caption on first reading. He added that this ordinance was prDpared after the amended plan was submitted. Mr. Caldwe!l stated that he thought the site plan approval had a LUI of 3.36 and Mr. Roberts replied that the matter of densities prevail regai~less of what the LUI is. Mr. DeMarco moved the adoption of Ordinance No. 78-49 on first 'reading~ seconded by Mr. Harmening. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Caldwe!l - Aye Councilman DeMareo - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Poberts - Aye Motion carried 5-0, Resolutions Proposed Resolution No. 78-XX - Re: Requesting Permission f-rom the Board of County Commissioners to Rezone Land to be Annexed to the City from the County Zoning Classif/eaKion AG (Agricul- turaI District) to the City's Zoning Classifieation CO (City Owned) - (Lift Station No. 317) Mr. Moore explained that this resolution covered the property acquired by the City for a lift station. Mr. Caldwell moved the adoption of Resolution No. 78-XX, seconded by Mr. Roberts. No discussion. Mrs. Padgett took a roll call vo~e on the motion as follows: Councilman DeLlarco - Aye Vine Mayor Hammening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Councilman Coldwell - Aye Motion carmied 5-0. Pmoposed Resolution No. 78-YY - Re: Requesting the Designation of the South Florida Water Management District to be the Lead Agency for Mm. Moore explained that this resolution carried through the quest of the Council in regards to the lead agency for ~208'~. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA OCTOBER 3, 1978 Mr. Caldwe!! moved the adoption of Resolution No. 78-YY, seconded by Mm. Havening. Under discussion, Mayor Jackson requested that copies of this be sent immediately to the Florida League of Cities as it may not be too late to get this on their agenda for the meeting later this month 'with the State. Mrs. Padgett then took a roll ecl! vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Jackson Aye Councilman Roberts Aye Councilman Ca!dwell Aye Councilman DeMarco Aye Motion carried 5-0. Meyor Jackson then explained that she was paying her own expenses to attend the Florida League of Cities meetings. Mr. DeMarco stated he thought the City should pay her~expenses. Mr. Caldwell suggested that sometimes the City Attorney should be sent to attedd these meetings and explained how it may be helpful. Mm. DeMareo stated that he thinks the Mayor should be compensated for attend- ing these meetings and Mayor Jackson disagreed and added that it was not budgeted and she was aware of this when she agreed to attend the meetings. Mr. Caldwellreferred to the expenses for the City Attorney to attend and Mr. Moore replied that he has money budgeted to attend meetings and added that it would also be helpful for any Council member to also attend. Proposed Resolution No. 78-ZZ - Re: Amending Rule VIII, Section 12~ of the Civil Service Rules and Regulations Mr. Moore explained how this eonfirmed the adoption of the amend- ments to the Civil Serviee Rules and Regulations. Mr. Caldwel! moved the adoption of Resolution No. 78-ZZ, seconded by Mr. Harmening. No discussion. Mrs. Padgett took a moll ea!l vote on the motion as follows: Councilman Roberts Aye Councilman Caldwell Aye Councilman DeMarco Aye Vice Mayor Harmening - Aye Mayor Jaekson Aye Motion carried 5-0. Other Ratifieation of Resolution No. 78-UU - Re: Providing for the Issuance of $2,500,000 Water & Sewer Revenue Bonds, Series 1978 Mayor Jackson referred to passing this bonding resolutionat the last meeting and stated .she felt the two members not present should have the opportunity to join in on this and express any opinions. -13- MINUTES - REGHLAR CITY COUNCIZ MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1978 Mr. Harmening referred to the interest rate not being set in the resolution and Mr. Kohl replied that this is just for ratification. Mm. Harmening asked if anything was discussed regarding when the bonds would be plaeed on the market and Mr. Moore replied there was no lin~tation on that and explained that they were just vali- dated and eon be sold at the pleasure of the Council. Mr. Harmening refez~ed to the interest rates probably going higher and stated we have enough money 'in the Utility Pund and we don't have to do this right now. Further discussion followed regarding projection for interest 'rates and Mr. Moore clarified that we are just getting prepared to sell the bonds if the marketing is reasonable. Mr. Harmening moved to ratify the action of the Council adopting Resolution No. 78-UU~ seconded by Mr. Roberts. No discussion. Motion carried 5-0. Agreement Covering Participation in the Palm. Beach County Library System Mr. Kohl informed the Council that this agreement is similar to last year and we will receive ~26~837.46. He would like this to be passed. Mr. Caldwel! moved to execute the agreement between the City of Boynton Beach and the Palm Beach County Public Library System and authorize proper e~eeution of said agreement~ seconded by Mr. DeMareo. No discuss%on. Motionoarried 5-0. OLD BUSINESS Consider Request ~r Temporary T~ailers (2) for Sales Office and Constr~otion Office at Bass Creek II (Tabled) Mr. Ca!dwell moved to remove f~om the table the Bass Creek tempor- ary trailer question~ seconded by Mr. Hammening. Motion carried 5-0. Mr. Kohl s~ted tkat he submitted a copy of the letter from Bass Creek Corporation requesting permission to park two (2) trailers on the property of 100 ft. west of S. trailer is to be u constr~ction offic 30~ Section 30-3 C Also submitted was of the proposed t~iler location. on this matter. Bass Creek II, North of Woolbright Road and W. 8th Street, Lake Boynton Estates. One sed for a sales office and the other for a s. The mequest is in accordance with Chaptem f the City of Boynton Beach Code of Ordinances. a copy of the zoning map showing the location May he have Council?s wishes MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1978 Mr. Roberts referred to development going on in this area and stated that the original size of the lots in this area platted at 50 ft. whieh is non-eonforming. He believes they will not be allowed to build on a 50 ft. lot~ but on this basis~ why has a site plan not ~een submitted to the Planning & Zoning Board? Mr. Howell informed him that he and the City Planner met with these people and they have agreed to meet the subdivision regulations although this is a previously platted subdivision. The builder will build on 75 ft. lots. There will be street dedications and they will be paved. Mr. Roberts asked if the plan would be submitted to the Planning $ Zoning Board and Mm. Howell replied that there is a shbdivision plan showing the recreation areas, etc. Mr. Caldwell asked if the plat plans willie binding as submitted to the Planning $ Z~ning Board and Y~. Howell Dep!iedthat it is platted~ but there will be some ehanges. Mayor Jackson asked if it-would go to the County and M~. Kowell replied negatively. Mr. ~oome elarified that it 'will not be a rep!~t. Mr. Roberts referred to it being platted about 50 years ago-and Mr. Howell replied that it was platted in 1927. Mr. Robemts ~e~arked that if we are running the City o~ 50 year old picts, t~enon-conforming lots should be bmought up to pre- sent ~equire~e~ts. When Ordinance No. 78-5 was passed, he asked how many non-c®nforming lots there were in the City then and was told only about 50 or 60, but now this whole a~ea has eome to his attention. Mr. Caldwell moved to approve the request for temporary trailers as requested by Bass Creek, seeonded by Mr. DeMareo. No discus- sion. Motion carried 5-0. Christmas Parade Mayor Jackson announced that she has heard there are several groups who would like to have floats in our parade and do not have the money to f-inanee them eompletely. She then read a notiee sent out by Boca Raton offering- manpower and money to help in building floats for their parade. She feels this is a worthwhile project for any eity. She would like to get the feel- ing of the rest of the Couneil whether we should ~giue different organizations some help on their ~loats. Mm. DeMareo stated that if we are going to have a parade~ we should put e~ort into it and he does not see anything wrong with the City cooperating with different groups. He agrees some ground rules should be made. Mayor Jackson added that there is not a thing which brings more good will than this with eooperating together. -18- MINUTES - REGULAR CITY COHNCIL MEETING BO~N BEACH, FLORIDA OCTOBER 3, 1978 Mr.'Kohl clarified thatwe have never asked what Boca Raton is asking. There have been two or three gmoups who had floats built by the Cityand theypaid for the materials and man ~urs. They · will pay'for matemials and man hours onCity time. The Little League has done it and Village Royale on the Green wants the same kind of thing. The employees have refused to work on their own time in view of what has happened. !TLework is done on City time and the mOneypaid into the City ~coffers. It is City business. That is what the Christmas Parade is~l about. Mr. DeMarco referred to this co~ing up during the last eouole yeams and stated that it~shoutd be settled that we are in agree- ment this is what we are going to do. This is not spending City money. Mm. Roberts made a motion that we help anybody at their own ex- pense. Mm. Kohl clarified that they pay for material and man hours on City time. Mr. C~ldwell asked if an ordinance or reso- lution was in order and Mr. Moore replied that sometimes we get boxed in with accusations and this is determined to be a public purpose. Mm. DeMareo seconded the motion and the motion carried 8-0. Mayor Jackson requested Mr. Kohl to let Village Royale on the Green and the Little League know about this decision as well as anybody else interested. NEW BUSINESS DiscussiAmendment to Ordinance No. 78-5 - Re: Non-conforming Lots Councilman David Roberts Mr. Roberts referred to Ordinanee No. 78-5 being passed at the request of the people in Laurel Hills beoause of their feeling that their ares was being downgraded because of building on non- eonfommin~ lots and stated if possible~ the lots should be en- larged. At this time~ he thought there were not too many of these lots around and was in agreement with this ordinance. However~ he recently found out about the Bass Creek development. He thinks it is ridiculous to operate on the basis of a develop- ment platted 50 years ago. There are plenty of non-conforming lots around including 40 ft. lots on which two houses were built recently %~th a 6 ft. setback. If we are going to upgrade the City, we should allow somebody to build on a single lot they own~ but if there is more than one !ot~ they should be made to enlarge the lots to conform to the new megulations. They are not denied the right to build on one lot if they own it. Mayor Jackson referred to there being many single 50 ft. lots and Mr. Roberts replied that this is not what he is talking about~ -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOP/DA OCTOBER 3~ 1978 but if there is more than one lot: they should be made to conform. He did not realize there were so many. He explained how the builders would tend to crowd houses on these small lots to make a buck. He thinks the ordinance should be reworded that if there is more than one lot~ they should upgrade to the present require- ments. Mr. Harmening stated that this is what Bass Creek is doing and Mr. Roberts agreed, but questioned how many more are left around town. Mr. Caldwell stated that the intent of this ordinance is to accom- modate what he stated. Legally we cannot penalize a person owning one lot with no contiguous land from buildin~ on it. Mayor Jackson referred to some areas being platted in 25 ft. lots and statedthat variances were usually granted by the Board of Adjust- ment previously to build on 50 ft. lots. ~iv, Roberts clarified that he is talking about people who have bought several 50 ft. lots for speculation. He has found out there are hundreds of such lots. He does not think the City should be developed on the basis of 50 year old platting, Mr. Moore suggested that there be some investigation to see how many non-conforming lots there are. Mr. Howell referred to the two 40 ft. lots mentioned and explained that these lots actually fae~ 0eean Avenue but the houses face 8th Street and the 6 ft. in the rear is aetual!y the side setback. He is sure we have a few 50 ft. lots, but if somebody buys five or six in a row, he has to subdivide. Mr. Moore asked if ~nybody owned a large inventory of lots whieh would fall within this ordinance and Mr. Howell replied that he is sure there are areas with four or five in a row, Mayor Jackson asked if it would be much trouble to find out and Mr. Howell replied that he could do it. Mr. Caldwell suggested that Mr. Bowell be directed to do a study. He further explained how there was a legal question whether we eau mandate an owner to divide three 50 ft. lots into two 75 ft. lots. Mr. Moore replied that at that time, it was felt there were not too many of these situations around and he thinks this survey will be of help. Mr. Roberts stated that he did not believe we are depriving any- body the right to build on a 40 or 50 ft. lot at the present time, but he believes we have the right to upgrade a partieular area and not contrary to law enforee our ordinanees. Mayor Jaekson*s~ggested Mr. Kohl handle this investigation administratively and give a report. *See Minutes 10/17/78 -17- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1978 Discuss Article II, Section 20 (b): Pensions & Retirement Systems, Establishment $ Limitations Mayor Emily M. Jackson Mayor Jackson read the following sentence from the oode: person receiving pension or retirement benefits f~om the City may serve for compensation in any City office or employment without waiving all such benefits while so serving.?~ She referred to the possibility of someone having worked for the City for a long time and being retired receiving pension and asked if they de- cided to run for the City Council, does this mean they must give up their pension or serve without compensation? She does not think thisiis fair and would like their feelings. Mr. Moore replied regarding the fairness of it, the Council would have to make a decision. If it is felt it is unfair or improper, they could take steps to repeal it. He believes there was a referendum on this since it is part of Civil Service which was passed by the State Legislature. Mayor Jackson stated that her feeling is someone has worked for many years and put their money in for pension and if elected to the Council is entitled to the same pay as anyone else. Mr. Roberts replied that there is a provision that if the person is retired~ their pension is reduced by the amount of compensa- tion. Mayor Jackson stated that according to this, you must give up one or the other. Mr. Moore agreed, but added he did not know the intent of the Legislature for this section. Mr. Harmening stated that it probably keeps somebody from retir- mng and going to work for the City and drawing two paychecks. He has no objection to repealing it or exempting anyone duly elected to the City Council. Mr. Roberts stated that he thinks the pension would have to be reduced by the amount they get from the City. Mr. Caldwell stated that theoretically a man elected to office can move for and increase his own pension benefitsaand there might be a question as to a conflict there. Mayor Jackson suggested having Mr. Moore check into bt. Mr. DeMarco agreed and added that he did not think it is fair like it is. Mr. Rmberts added that the other provisions under Civil Service should be takeninto consideratio~ regarding the compen- sation being reduced by that amount. Mr. DeMarco made a motion to tumn this over to the City Attorney for further study and research and make a report at the next meeting. Mr. Caldwell stated that a motion is not needed and this can be done by administrative direction to the City Attorney. -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1978 Mayor Jackson added that something else also came up about Civil Service and stated that aceordino to the Civil Service rules if we have someone suspended and then reinstated, he gets back pay. Supposing he has had a job during the interim, do we pay him for the interim? Mr. Hammening replied ~Ffirmatively. Mr. Kohl re- plied that we never checked to see where he worked as it never came up. Mayor Jackson remarked that the man could be getting paid twice. Mr. Harmening stated when a man is reinstated, the suspension was illegal. ADMINISTRATIVE Consider Recommendation Re: Drexel Properties' Pinetree Village, Phase II - Mr. Kohl read the attached letter from Mr. Prank Meier, Vice President oF Drexel Properties, Inc., dated September 13, 1978. He then read Mr. CessnaTs memo dated September 15, 1978. Mr. Roberts asked if there was some way to reward for installa- tion For future development and Mr. Harmening replied that there are eonneetion eharges. Mayor Jackson added also user char~es. Mr. Roberts stated that it should be liable for the difference between the 8" and 16". Mr. Kohl replied affirmatively and added that we have done this previously. Mr. Caldwell questioned our participation and Mr. Harmenin~ re- plied that we will pay qhe difference. Mr. DeMarco moved to accept Mr. Cessna's recommendation and have the City pay the difference between the 8" and 16" water line, seconded by M~. Caldwelt. No diseussion. Motion carried 5-0. Consider Request For Bio-surF Unit at Sewage Treatment Plant Mr. Kohl read Mr. Cessnats memo dated September 29~ 1978: "At the Sewage Treatment Plant, we have what is called a thio-surf~ unit which consists of two horizontal shafts, chain- driven with p3~ie media about 8 feet in diameter which help treat the sewage. This had been installed under the new con- traet before I eame here, approximately 4 years ago. The shaft on one of these two units has failed. The contractor which fur- D/shed these two units has offered to replace this shaft with a new one. However, the cost of taking the plastic oFF oF the .~s~h_a_~.a_Qdmep!acing it would be in the neighborhood of $8,000 to $10,000~ as it would require two large cranes for probably 4 or 5 days~ at somewhere around $!00 per hour, plus manpower. We do need this uo/t and will need it as we continue to phase out the plant, and Flow is reduced by diverting part oF the flow to the Regional System. I have had lengthy discussions with the manufaeturer over how we could put this back into oper- ation, so that it would last at least another year during our phase-out operation. -19- MiRUTES - REGHLAR CITY COHNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1978 As a result~ I have been in contact with TomTs Welding, who has done work for us before. I have talked with him, the manufac- turer, and their chief engineer (on the WATTS line). As a result of these talks, Tom's Welding has furnished us with the attached proposal, whiAch I strongly recommend that we approve, preferably on an emer<3enoy basis~ so that 'we man repair this unit and get it back into operation. We would have money available inthe new budget under Equip- ment Repairs, #401-353-535-40.33, Do eover this if this is approved on an emergency basis. Your consideration would be greatly appre- ciated." Mr. Koh!! added that he would like to do this as we would like to keep it for another year. Mr. Harmening moved to approve this request, seconded by Mr. Caldwell. Under discussion~ Mr. Harmening asked if both are on the same shaft and Mr. Cessna informed him there are two shafts, but at the base of one of the shafts, all the welding came~ose. Motion carried 5-0. Consider Recommendation - Re: Numbering of Streets in New Subdivisions Mr. Kohl read the following memo from Mr. Howell dated September 29, 1978: T'I would appreciate your bringing this recommendation to City Council's attention as soon as possible, due to the fact that we have several new subdivisions starting. It has always been my recommendation that new subdivision stmeets be numbered according to the overall street system in Boynton Beach, and that they coincide with existing streets. In the ease of someone wanting to name the streets, I would not object to this as long as they also put the numbers of the avenue, street, place, lane, etc. on the same sign (S.E. 6th Ave.~ ~t~). I have one subdivision in partieular coming in soon who wants to name their streets, and they might possibly object to this. The Postmaster is vemy much in agreement with me about the uniformity of this~ and I feel it would be to the best interest of the City, as well. I would appreciate your cooperation in this recommendation and the City Council's views. If they are in agreement with me, I would like an ordinance to back up the enforcement of same.'~ -28- MINUTES - REGULAR CITY COUNCIL MIEETING BOYNTON BEACH~ FLORIDA OCTOBER 3, 1978 Mayor Jackson stated that she feels we lose our individuality with numbered streets, but agrees we should have them. Mr. Ca!dwel! stated that he likesthe number system for the sake of simplicity. Ne questioned if the post office would get confused if a company has stationery printed with the named street and the numbered street listed underneath? How is it handled by the post office, by the name or number? Mr. Howell informed him that the post office gets a copy of all new subdivisions with the street names noted. Mr. Harmening rema~lced that it is easier to find your way in numbered areas than with named streets. Mm. Caldwell moved to accept the recommendation of Mr. Howell allowing for a number system as well as names for street iden- tification in new subdivisions. Mr. DeMarco pointed our that the request was for a number system in lieu of names and Mr. Harmening replied that it could be a dual system. Mr. Roberts questioned the need for both. Mr. DeMarco stated that if the streets are going to be named, then the number should be added underneath. Mr. Moore informed them that itmust be either a numerical system or by name. Mr. Caldwell clarified that pri- marily all will have a number system~ but they can name the streets for their own purposes. Mr. Harmening stated that he has seen a dual system in use~ but it takes bigger signs and for those foreign to the area, numbers make it easier. Mr. Roberts stated that he did not approve of a street having a half dozen names. Mr. DeMarco then seconded the motion. Under discussion, Mr. Howell clarified that basically he was after numerical prominence and Mr. DeMarco replied that they will go b~ number, but can still utilize names if they want, Motion carried 5-0. Consider Request for Temporary Trailer (1) for Office Use - North Federal Highway (Behind Gulfstream Marina) Mr. Kohl read thetattached letter dated September 25, 1978 from Mr. Jerry Doyle, Captain Jemmy~s~ Inc., d/b/a The Crab Dock. He also read Mr. Howetlts recommendation and advised that this quest is in compliance with our Code of Ordinances, Chapter 30, Section 30-3. May he have Counci!~s wishes please. Mr. John Jameson, 649 Los Pa!mas, appeared before the Council and stated he was particularly concerned about the word 'Ttemporary'~. What is the Cityts definition of temporary? At this location, there is a congested conglomeration of structures. There is an office for Big Ben and an offiee for Sea Queen, two drift boats, which, to his knowledge~ are not tied down. He wonders if these were placed there with the City's approval. If they are tempor- ary, they have been there for quite awhile. Wouldn't it be to the City[s advantage to have these structures made permanent and placed on the tax molls? They should look at the overall picture and he questions whether another temporary structure should be allowed on this property when there are already two. MINUTES - REGULAR CITY COUNCIL MEETING OCTOBER 3, 1978 BOYNTON BEACH, FLORIDA Mr. Kohl stated that he did not know there were two trailers there already and Mr. Jameson clarified that there were two structures. Mr. Caldwel! suggested possibly stipulating the length of time allowed and Mr. Jameson agreed, but stressed that it should be enforoed. Mr. DeMarco suggested possibly tabling this until Mr. Kohl can make a further study and Mr. Kohl replied that it does not affeot this request, but he will check into these statements. Mr. Roberts asked if a year was a reasonable amount of time and Mr. Kohl replied that he believes six to nine months would be appropriate. Mr. Roberts moved to permit this trailer for six months and if additional time is needed, the applicant must apply and show cause why it is needed ~urther. Mr. Caldwel! seoonded the motion. No discussion. Motion carried 5-0. Consider Proposal from Cemetery Board - Re: Mausoleum Mr. Kohl read the following memo dated September 28, 1978, from Mr. Edgar D. Hurford, Chairman of the Cemetery Board: "The Cemetery Board is in receipt of a letter from City Manager Kohl dated June 27, 1978 enolosing-~he minutes of your regular meeting of June 20, 1978 and the opinion of the City Attorney. The City Attorney is correct in stating that no eity, county or state law precludes building of a mausoleum in our cemetery. After further study and careful consideration, the Cemetery Board supports unanimously the proposal submitted by the Boynton Beach Mausoleum, inc. We are very grateful to all of you for your courtesy to Mr. Brady Osborne, Executive Vice President, Boca Raton Mausoleum, Inc. Mr. Osborne will be present at the Counoil meeting October 1978, to answer any more sestions that you may~ave.'T Mayor Jackson referred to everyone having a chance to study this at length and Mr. Ca!dwell replied that the Cemetery Board has unanimously endorsed this after looking thoroughly into alterna- tive proposals and if they feel it is feasible, legal, and econom- ically sound, why not allow it? Mayor Jackson questioned whether an ordinance or contract was needed and Mr. Moore replied that a proposal has been submitted. Mr. Roberts suggested that the eon- tract be reviewed f~oma legal standpoint and Mr. Moore replied that he has not endorsed the project, but his memo speaks for itself. -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1978 Mr. DeMareo referred to Boom Raton having one similar to what is proposed and stated that everything has been working okay for them. In looking ahead, it will be needed with the population projeeted. Mr. Roberts added that several have moved elsewhere because we do not have a mausoleum. Also, the City is not being involved with anymoney or expenditures. He does not see any harm in having a mausoleum like Roma Raton. Mr. Caldwell moved to aeeept the reeommendation of the Cemetery Boamd and execute the necessary contract, semonded by Mr. DeMarco. Under diseussion~ Mr. Caldwell referred to it being the same eon- traetwhieh.was submitted in Mayor June and Mr. Hurford agmeed and added that they have had the proposal and the attorneys are making a binding contract for the Council. Mr. Moore clarified that Mr. Osborne will prepame a fommal contramt in line with the proposal. Mm. Osborne requested the Counmil to vote the proposal, then their firmwil! get together with the City Attorney and draw a eontramt just as the proposal is stated. Mr. Caldwell changed his motion to approve the proposal and tb/s firmwil~ get together with the City Attorney and draw a eontraet just as the proposal is stated~ seconded by Mr. DeMareo. Under diseussion~ Mr. Moore referred to his previous comment regarding the possibility of losing the tax exempt status and asked if this was checked with the comptroller?s offiee and Mr. Osborne replied affirmatively and the City will come under the Cemetery Aet, but will not lose their tax exemption. Mr. Moore referredtto audit- ing forths coming under the Cemetery Act and Mr. Osborne replied that Boca Raton does not. Mr. Roberts clarified that the motion was to aecept the pmoposal and Mayor Jaekson replied affirmatively. Motion earried 5-0. Mr. Osborne then thanked the Council for the confidence expressed in his organization and stated theywil! attempt to justify their confidence by building a mausoleum wkich will be a credit to the City of Boynton Beach and will operate it in a manner which will be a credit to the industry. Consider Receipt of Proposals for Water Line Extensions Mr. Kohl referred to the regular Council meeting of August 1~ 1978, and stated he was given appmoval to eontaot several eontraotors askin~ for proposals to be presented for Couneilts consideration for water line extensions. He has submitted two proposals, one from Belvedere Construction Company for the amount of $52,655.00 and the other from R $ R Utilities, Inm. in the amount of $55,838.30. He added that we went out for bids, but mould not get any bids prior to this. Mr. Roberts asked if these were going to be installed deep enough and Mr. Kohl replied that these are not in the roads. Mayor Jackson referred to a time limit and Mr. Caldwell pointed out that the one bid noted work to begin within ten days after -23- MIRTdTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3~ 1978 receipt of notice to proceed and completion within 60 days. Mr. Kohl advised that Mr. Cessna tried to get more proposals, but-was unable to. He explained how the job involved a lot of hand dig- ging. Mr. Cessna further explained the locations and the job in- volved. Mayor Jackson clarified that these will not be in the streets and Mr. Cessna agreed and advised that they are mostly in rights-of-way in alleys. Mr. Ca!dwell referred to Belvedere Construction Co. having no completion date stated and stated he eould not vote for anything not specifying a completion date. Mayor Jackson referred to the pmice difference. Mr. Hammening referred to this being a small job and explained why he thoughtwe did not have to worry too much about the completiondate. Mr. Kohl agreed and advised that it would probably be completed in two months. Mr. Cessna further explained how there was a t~mendous amount of hand digging, fences to be moved, concrete walls to be tunneled under~ etc. and the contractor would have to get in and move out. Mr. DeMarco moved to accept the proposal from Belvedere Construe- tion Company to complete these water lines, seconded by Mr. Harmening. Under discussion~ Mr. Caldwell asked if the 60 day completion clause was eincluded and Mr. DeMarco meplied that the fact could be stressed regarding a time limit. Mr. Kohl stated that he would get it done in 60 days. Motion earried 5-0. Consider Acceptance of Resignation from Mrs. Emily B. Sinclair, Reereation& Park Board Mr. Caldwell moved to accepttthe resignation from Mrs. Emily B. Sinclair with a letter of thanks for her serviees being sent. Mr. DeMarco seconded the motion. No discussion. Motion carried Consider Appointment to Replace Above Mayor Jackson referred to only having three months left in this year~ the Board only meets once a month, and they have a good attendance record and questioned whether an appointment was necessary at this time. Mr. Caldwell replied that we have re- ceived a letter from Mrs. Judy Sisko indicating a strong desire to serve on this Board; she is willing, ready and able to serve even if only for three months. Mayor Jackson informed him that there have been suggestions before that certain City employee's families be on Boards: but we have not at any time hadeCity employee's families on Boards. Mr. Caldwell stated that if there is an unwritten law, Mrs. Sisko should be notified. Mayor Jackson continued that she believed a prec~Sent would be set by making such an appointment. Others have asked and we consistently have nor done it. Mr. Caldwell requested that Mrs. Sisko be informed one way or the other. -24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACh, FLORIDA OCTOBER $, 1978 Mr. Roberts suggested that the appointment be deferred until the first of the year. Mayor Jackson agreed and suggested that the Recreation Boamd be notified° Mr. Kohl stated that he would write a letter to the Board. Mr. Caldwe!! referred to clarifying this and suggested that a resolution be prepared setting out the ground rules as desired by the Council. Mr. Roberts suggested that he put this item on the agenda for the next meeting. Consider Applications for Pemmit to So!Jolt: Amora ShrireTemple - A.A.O.N.M.S. League ~f Women Voters of South Palm Beach County BoyntonBeach Community Improvement Forum Mr. Kohl read these three applications ~equesting permits to solicit. Mr. Harmening moved that permission be granted, seconded by Mr. Coldwell. No discussion. Motion married 5-0. Consider Approva!of Budget Transfer Requests Contingency to Drug Abuse Mr. DeMareo moved to remove this from the table, seconded by Mr. Hammening. Motion earried 5-0. Mr. Roberts referred to discussing this at a meeting previously and stated that we do have an obligation. Mayor Jackson replied that $6,000 was mentioned, but then Rev. Wollenweber wrote and said it was not enough and requested an additional $6,000. Mr. Harmening stated that if the organization is going to fold their operation if they don~t get the additional $6,000, he doesn't see any reason to give the first $67000. Mr. Roberts advised that he reoeived a message that the $6,000 would be mose welcome and they would seek other means to get the other $6,000. Mr. Caldwell moved to authorize the budget transfer from Contin- geneies to South County Drug Abuse Foundation for $67000. Mr. Roberts seconded the motion. Under discussion, Mr. Roberts referred to the Counoil being generous in response to such re- quests and suggested that these things be looked into a little more carefully. Mayor Jackson replied that this is why she voTed~against it in the first place. She looked into it and found out in Boca Raton and De!ray Beach, the United Way made the donations. Hopefully someone will start a United Way in Boynton Beach so the one group could take care of the requests with the money heine allotted. Mr. Ca!dwell agreed it was a pmob!em with not having a United Way and this is the reason this foundation had to come to the City. Mayor Jackson stated that people contribute ~or the United Way, but not to the City for this purpose. Mr. Roberts agreed~ but stated in this oase~ we are committed. Mayor Jackson stated when somebody comes to -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA OCTOBER 3: 1978 a meeting and requests a donation, we should be eautious and table the request until researehing it. We also made a promise to the Visiting Nurses Association and we do nor have an elastie fund and these requests should be researched further. Motion carried 4-1 with Mayor Jackson dissenting. General Administration (General Fund)to Various Departments General Administration (Water & Sewer Revenue Fund) to Various Departments Mr. Kohl read the Budget Transfer Request to appropriate funds for fringe benefits (Workmen's Compensation) to the individual departments ~ listed as State mandated on October 1, 1978 (General Fund). He also read the Budget Tmansfer Request to appropriate funds for f~ingebenefits (Workmen's Compensation) to the individual departments listed as State mandated on October 17 1978 (Water LS~ewer Revenue Fund). As explained previously~ this was mandated by the State for the uniform aeeount- lng system. Mr. Caldwell moved the approval of the necessary transfer of funds to comply with the State mandated uniform accounting system, seconded by Mr. DeMarco. No discussion. Motion earried 5-0. Consider Zoning Approval for Beer & Wine License Mr. Kohl read an application submitted by the Crab Dock, 2280 N. Federal Highway. Mayor Jackson asked if this firm had other places and~ the representative informed her that they have a restaurant in Fort Lauderda!e and Riviera Beach. Mr. Roberts asked if this was the same restaurant where the trailer will be parked and Mr. Kohl replied affirmatively, while rebuilding the restaurant. Mr. Caldwel! moved for the Crab DoCk, Motion carried 5-0. to grant approval for ~ beer and wine license seconded by Mr. Harmening. No discussion. Approval of Bills Mr. Kohl read the following bills for approval: 1. Retirement Plans~ Inc. Approved by the Pension Board 9/29/78 3,349.25 Aqua Chem Company, Inc. Lime for Water Treatment Plant Pay from Water & Sewer Revenue Fund 401-512-550-03-65 3,850.22 Herb Willard Trucking Shell tot City Pay from General Fund 001-401-540-02-3A 3,037.50 -26- MINUTES - REGULAR CITY COUNCIL MEEYING BOYNTON BE~, FLORIDA 10. 1!. OCTOBER 3, 1978 12. Board of County Commissioners Use of County Landfill for month of August 1978 Payfrom budgeted funds 001-321-530-02-9A 9,561.00 13. Servine Equipment Company, Inc. 9' Contractors Dumpbody & Semi Trap installed Pay from Federal Revenue Sharing 320-401-540-04-83 $2,060.00 Pay from General Fund 001-401-540-02-33 ~ 529.00 Council approved 8/15/78 2,589'.00 Wa!lace McHarg Roberts & Todd Comprehensive Plan Pay from Genemal Fund 001-801-570-02-6A 3,150.00 GMC Tmuck Sales L Service 30,820.00 14-yard Dump Truck per bid 3/28/78 Pay f-rom Water & Sewer Revenue Pund 401-512-550-04-83 Council approved 4/4/78 Utilities Serviee, Inc. 9,615.95 Sewer Rodding Maching per bid 2/14/78 Pay from Water L Sewer Revenue Fund 401-531-550-04-42 C~uneil approved 2/21/78 NCRCorporation 1,169.19 For Utility Bills ~ Pay from Water & Sewer Revenue Fund 401-503-550-03-12 Big Chief 1,284.00 Demolition Work - 109 N.E. 1st St., Jackson Property Pay from General Fund 001-301-570-04-11 per bid 7/11/78 Council approved 7/18/78 Florida Diesel Truck L Industrial Repairs to ~22 - Sanitation Dept. Pay from General Fund 001-321-530-02-33 t, 919.87 Willie Ruth McGrady Server for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sham/hq 320-871-570-02-5A Ordinance ~73-15, passed 5/15/73 96. O0 Isiah Andrews Driver for Senior Citizens Club - 2 weeks Pay from Federal Revenue Shaming 320-871-570-02-5A Ordinance ~73-1S, passed 5/15/73 1!0.00 -27- ~NI1TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 3, 1978 14. Dawson Co. Est. =2 Raw Water Mains Pay f-~om Utility General Contract dated 6/22/78 Fund 401-000-169-01-00 38,970.00 15. Aetna Casualty g Surety Div. For Workmen's Compensation Insurance General Pund - ~127,026.00 Water $ Sewer Revenue Fund - $59,777.00 To be charged to various departments 186,803.00 16. Allen Insurance Agency 70,770.00 For Comprehensive Liability Insurance Renewal Pay from General Fund 001-195-519-40-41 - ~43,170.00 Pay from Water g Sewer Revenue Fund 401-395-539-40-41 $27,600.00 17. Barile Exeavating g Pipeline Est. ~4 Galaxy Park Pay from Publie Works Grant Fund 350-835-570-05-73 Contraet dated 1/23/78 16,968.84 Mr. Kohl stated that the bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department; funds are availab~ein their respective budgets. He therefore recommends payment of these bills. He added that on the bill to Barile Excavating $ Pipeline, he would like permission to pay them when they start work on the ball f~eld but not until they do. This bill is for the lights and transformer~ but they are not doing the work pro- mised and he will hold baek this payment. Mr. Roberts referred to a page in the Florida League of Cities Magazine devoted to self-insuring and Mr. Kohl replied that he read this and we checked into this last year. Mr. Roberts asked if there was any relief and Mr. Kohl replied that we are afraid to make a move right now for certain~ reasons. Mr. Caldwell moved to pay the bills~ including Barile Exeavating and Pipeline to be paid at the City Manager's discretion, seconded by Mr. Harmening. No discussion. Motion carried 5-0. ADJOUILNMENT Mr. Caldwell moved to adjourn, seconded by Mr. Roberts. Motion carried 5-0 and the meeting was properly'adjourned at !0:05 P. M. -28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA OCTOBER 3, 1978 CITY OF BOYNTON BEACH, FLORIDA ATTEST: ~, -' ///Mayor Vie e~yor y '~ Counei!man Councilman City C!emk R~eomdincf Seemetamy (Three Tapes) -29- DREXEL PROPERTIES, INC. September 13, 1978 M!. Perry A Cessna, Director of Utilities C~ty of~Boynton Beach Post Office Box 310 120 N.E. 2nd Avenue Boynton Beach, Florida 23435 Re: Pinetree Village Phase II Dear Perry: In your August 29 letter you requested information relative to the development of Phase II of the above sub-division. It seems highly likely that we will be starting the installation of underground utilities in three months. That would put the start of under~ ground work at about December 12th of this year. Please keep me advised a~to the C~ty_ proposed participatio~ in the enlargement of our-~f'~r'waterlin~ to a 16" line. Sincerely yours, ES,. INC. FM/lm DREXEL BUILDING · 5554 North Federal Highway · Ft. Lauderdale, Florida 33308 · Phone (305) 776-1710 MEMORANDUM Frank Kohl September 15, 1978 city Manager ~,~ A. Cessna Director of Utilities Drexel Properties' Pinetree Village, Phase II, Letter dated 9/13/78 Attached is a copy of a letter, which t received today, from Frank Meier of Drexel P~operties. For your information, the master plan calls for a 16" line from Con- gress Avenue westward to the south end of Lawrence Road, and then northward along Lawrence Road, tying into the 12" water main. Approxi- mately t~ years ago, there was some sort of mixup and Drexel did not advise us, which resulted in an 8" line being installed in the north half of Lawrence Road, between 15th Avenue and SR 804. By this letter, you can see that they are now preparing to install the 8" water main southward to the S. W. 15th Avenue extension. It is my recommednation that we should advise Drexel that we wish to install this line as a 16" line, and that we will take bids on both an 8" and 16" line. We would then participate in the amount of the difference h~tween the bids on these two sizes. I would presume that council should "OK" this participation. We are ta/kinq ~bout approxi- mately $10.00 per foot di~fferential between the cost of an 8" and 16". This represents approximately 2,600 feet of pipe. sixteen-inch pipe presently is going for approximately $25.00 per lineal foot. Tour commentsand city Council's approval and/or recommendations are requested at the earliest time, so that we can advise Robert E. Owen and Associates and Drexel Properties, and so that they do not take bids on'the 8" water main. PAC :bt Att. Central File AGENDA October 3, 1978 ADMINISTRATIVE:. D. Consider Request for Temporary Trailer (1) for Office Use North Federal Highway (Behind Gulfstream Marina) Transmitted herewith is copy of recommendation from our Building Official regarding the-above request which is also attached. The above request is in compliance with our Code of Ordinances, Chapter 30, Section 30-3. May I have Council's wishes please? FK~pb Attachments TO: FROM: SUBJECT: AGENDA CITY F~NAGER' S OFFICE BUILDING DEPARTMENT CITY COUNCIL AGENDA FOR Please put the following item on the City Council Agenda for above date* 1. Description Letter of request for one (1) trailer (office) to be located on lot 6 less West 94' r/w SR 5, Sam Brown Jr. Coeb_ind Gulfstream Marina on the Intracoastal)- until ~estaurant is built. {Approx. l!rr. ) :2. If Bid item - AmoUnt budgeted and Account Number 3- Recommendations Cmn~dera~mn in accordance wi~h Chapter 30, Section 30v3 of - the City of Bo~ton Beach Code of · 4. Explanation of Recommendations, in full (attach additional sheets if necessary}. Documents, detailed cost estimates, maps, etc., supporting each item should be attached and be reproduced in sufficient number for the City Manager and each Council Member .to ~eceive a copy. Att: Letter of Request Copy of Zoning Map location mRETURN THIS FORM WITH SUPPORTING DOCUMENTS BY NOON WEDNESDAY FOR REGULAR MEETtNG. WORKSHOP REGULAR Item Number Item Number Agend~ Date Agenda Date ~Action Action September 2S, 1~78 Mrl Bud Howell Building Official City of Bo)~ton Beach Florida Dear Mr. Howell: We submit for your approval a request to place a mobile home or a travel trailer on our leased premises at 2280 North Federal Highway, Boynton Beach, Florida, to be used as an office 'for the restaurant we will ha'ye there. The mobile home or travel trailer will be parked on a concrete sl~b, properly secured and be' behind an eight foot wood-stockade type 'fence.' -- We request this mobile home for temporary use for approximately one year until a permanent structure can be constructed. R3 'C'3 R3~ R3 //