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Minutes 05-16-78MINItTES OP REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON ~E~CH~ FLORIDA, HELD IN CITY HALL~ TUESDAY, MAY 16, I978 PRESENT .d'~y M. Jackson, Mayo..r rd F.~ ~a~mening, Vice Mayom Richard D.~ Cal~t~&~, C~uncii~an Joseph DeMareo, Co~ei~man DaVid Pebemts, Councilman Pran_k~.. Kohl, City Menag~er TereSa PaSget-t, Cit~ Clerk Gene Mo~re, C~ty A~ey Mayor Jackson welcon~d~.evem-yone and eatle~ the meeting ~o order at . ~5 ~P..M. She aDr~u~ed that the Invocation wo~d be ~ven. by ~. ~ran~ KO~~ ~ty Ma~ ~d the Pl~e of A~ianee ~ th~ P~ ~led by ~n ~a~ C~4~e~. She ~st~ ev~One ~ ple~se stand. AGENDA' APPROVAL Y~yom Jackson announced that Mr. Kohl requested the following addi- tions to the agenda: Proclamation - National Safe Boating Week Resolution - Re: Wider~ng o,f Congress Avenue X. OTHER - Receipt of Correspor~ence from Hank Thompsee Discuss ~sit to E.P.A. Mr. DeMarco referred to Old Business and requested the addition of Item E. - Discuss Repair to Road at V%llage ROyale on the Green. Mr. DeMa~mao moved to make the fomgoing add/t-ions, seconded by Mm. Harmening. Motion ea~ied 5-0. ANNOUNCEMENTS Mayor Jackson read the attached report on Rid Litter Day submitted by Mr. Jim Patterson. She tP~n commended Mr. Patterson and his secretary, Adrienne Sorg~ for the outstandingwork-they did on this. Mayom Jackson announced thatMr. Thomas A. Hayes, Distmiot Assis- tant to Senator Lawton Chi~es~ will be present to assist~eonstituents on Thursday, May 18th, from !~:15 A. M. till 12:15 P. M. in the City Hall Conference Room and anyone wishing to speak to him may at that time. Mayor Jackson announced that City Hall would be closed on Monday~ May 29, 1978, i~ observance of Men, rial Day. Mayor Jackson read a Proclamation proclaiming the week of June 3 thru 11, 1978, as National Sa~e Bo~ting Week.~ Mayor Jackson read a Proclamation pzeclaiming the month of June, 1978, as Burglary Prevention Month. MINUTES - REGULAR CITY COLLNCIL MEETING BOYNTON BEACH, FLORIDA MAY 16, 1978 MINI1TES Reg~la~ City COuncil Meeting - May 2, 1978 Mr. Roberts ref~ed to there being an omission on Page !4 in the fourth paurag~aph .and eo~f~eted the ,second sentence to read: "First -of all, thins bond i~sue ,~rithout a referendum is legal and proper." Mr. Caldwell ref~r~ ,ed to Page 15~, last iya~g~aph, ~ou~th .line, ~d e~ected it to: ~ "~ey s~d. i~ately se~ t~ ~ty's b~e~d rid out.yes of a~ packs, e~.~ He mefemm~ ~ Page 16, fzmat p~ ~=~ i~e, and-ce=~etea it ~ ~ad: '~v~y ci~.'i~ con- ce~e~ ~ ne~S~y ~ndfng Of ~ity p~ojects~ e~." He ,~efem~ed to P~ ,~ ~ims~ pa~aph~ sea~nd tine~ and eo~e~e~ it ~: due'~ the ~gh ~nd-~s~TM ~uc~a~on. Mr. R~b~s mo~ed to aeeepte~ the Minutes of May 2 as corrected, seconded by M~.. ~{-armening. Motion ~carried 5-0. Spec!at ~Cit-y Co~p~l Meeting ~ May , 1978 Mayor Jaekso~ ~ef~F~ed to the:ne×t to last paragraph on Page 1 and r~es~te~ the ,word to be omitted .after part on the first line. PoMa' Catdwe/t' m~ed tn accept the ,minutes as amended, seconded by Mr. rc~. M~ti~n ear, led f~0. PU~c ~D~ENCE aMa~g~a~oodr Ja[~sqn ~equested ~a~yone wishing to speak on any item on the a ~ pieas~ give rheim names 't0~ ~M~s. Padgett. She then q~stad,a~Yone wishing to speak on ~ny other item to please c~me foL~a~d and give their name and address. Mr.~ Robert Harris, Bublic Relations Officer of Flotilla 54, Coast G~a~d A~iia~y~ appeared before the Council and thanked them ~or th~: P~elam~tion o_~ National Safe Boating Week. He advised that in Fto~ida~ they were obsemving Safe Boating Week ~rom June 3 thru 1t] with the theme to choose your ~un safe~y. He tiaa 54 being an auxiliar27 unit serving Boyr~on Beach and~ ~earby communities and told about the classes they condueted throughout the yea~ at the boat ramp~ boat club, and also at sehoots instruct- ing thc et~ild~en in boating and w~ter safety. He announced they were at the Boy~ton ~Boat Ramp every weekend to inspect boats and also avai~ab!e to inspect boats at p~ivate marinas, He ~added that du~ing Sa~e Boating_ Week~ they plan to have e×~m~rs at the boat ramp every day, He also told about pat~ollir~ the Int~aeoastal and ocean ~ aid boaters. Mayor Jackson thanked him f~r bringing this to evezsgone's attention and stated shoe hoped people would avail themselves to their serviceS. -2- MINUTES - REGULAR CITY COUNCIL MEETING MAY 16, 1978 BOYNTON BEACH, FLORID~ BIDS Tennis Courts/Pioneer Canal Park (Not Lighted) .... Tabled M~. Roberts moved to take t~ Ten~ Courts/Pioneer Canal Park bid f-~om the tab!e~ secooded by M~. Harmening. Motion carried 5-0. Mr. Kohl stated that at our Regular City Council Meeting of April !8, !978~ Council approvSd the rebidding of 'the above. Bids were opened on Tuesday~ May ~9, 1978, at S:00 P. M. in the Office of Mr. W!II am H. Sullivan, our P~chasmr~3 Agent~. The Tabulation Commltt~e ~ecommen~ls ~awa~ng t~he bid t~ Ten~is Supply Company for the sum of $23_, 552.97_ Th~ low bid ~f-~om~ David 1Gtassm~n is being rejected be- cause he was not~ ~Ie to give a list of any regent jobs. He had sevema! p~o~cts ~on eo~t~aet or initial stages and a jobccompleted five y~ars ~ago. and has ~aited ~! an~ unit p~i.ces ~for fill an~ Tennis Supply Co. has done many p~Ojects in thc ~]N -~ithin Der the City of A copy ~s-been sub- zs in oz~ie~. ~anal Pa~k Boat Pie aOnnUrs ~ ~e bi%ye ~,~3i~ .~t tn~ ~eeon~endation of the 1C~ty Manager Supply ~O~ O~ ~21~ 552.97. ~. ~d~ s~o~ Removal, ~g~~of Sewage Sledge M~. Kohl ~ that bids on the above were opened on Monday, )-R. M. in the Office of our P~rchasing Committee recommends Inc. of Pt. Pierce gallons (2312989 per gallon). P~oposa! and Affidavit P~e~ident of Frenz Ente~prises~ Inc. requirements and in t~e~amOunt of approximately $3,, Sewage Tz~=atment Accsunt No. 40!- s). If and wt~en additional f%tnds %ri]_t~ be ~ooessed within t~e the above reeommenda- tio~s~ please. -3- M~N~TES - REGULAR CITY COUNCIL MEETING BOYNT©N BEACH~ FLOP~TDA MAY 16, 1978 Mr. Oaldwell referred to other cities selling this sludge ~and ques- tioned why wc ,wesee paying te have it taken ~ay a~d Mr. Kohl. replied that possibly-some large cities se~l it ,when it is treated~ but he do~,not know of any, around heme that ~o. Mayor Jackson referred to researching this several years ago and Mr. He.merging added that it' must' be sterilized with a breakdown of the contents noted. Mr. CatdweT] moved the granting of the bid t~ Prenze EnterPrises for the hauling of sludge at the stated p~ice of~$t2~989 per thousand gallons~ seconded 'by Mr. DeM~reo. No discussion. Metion ma~ried 5-0. PUBLIC HE~NG NONE O~dinances - -2nd Reading - :Public Hearing Proposed Ordinance No. 78-17 - Re: To Pz~vide for Amended Estimate of Reventua g Expe ~nses' ~fOr Fis~a% yga~ .E~n~di,.ng~ ~S~e.p~_~9_r..~.3.~..%~.7.~ ( ~aker Distribution) ,,, Mn?.. Moo~e read proposed Ordinance No. 78-17 by caption on second reading. Y~yor Jacksonasked if anyone in the audience wished to speak in f&vor of this o~dinanee and received ~o response. She asked a~one~wished to speak against ~this o~dinance and received no sponse. M~. Roberts moved the adoption 'of Ordinance No. 78-17 on second reading~ seconded by Mr, Harmening. No discussion. M-rs. Padqett took a-roll cai!vote on the~motion as ~ollows: Counei!man DeMarco Aye Vice Mayor Ha~mer~ng - Aye Mayor Jackson --Aye Councilman Roberts Aye Councilman Caldwell Aye Motion carried 5-0. Ordinances - 1st Reading P~oposed Ordinance ~0. ~ul~ r :ge;~ ~B~DG ~ .Ct~R~r...~.B. :gf~ ...t,..h.e Codified Ordinances Pertair~ng to Swimming Pool Re, gulatio~s , M~. i~oore re~erred to this amending the chapter pertainin9 to swimming pools upon the recommendation of the Building Official and ~ead proposed Ordinance No. 78-18 by caption on first reading. M!N~TES - REGULAR CITY COU~CiL MEETING BOYNTON BEACH~ FLORIDA MAY 16, 1978 M~. Caldwelt moved the adoption of Ordinance No. 78-18 on first readinq~ ~sehonded by Mr. Roberts. No discussion. Mrs. Padgett took a ~o!1 call vote on the motien as follows: Vice Mayor Ha~mening - Aye Mayor Jackson Aye Councilman Roberts Aye Councilman ~aldweI1 Aye Councilman DeMareo Aye Motion carried 5-0. n~ Code, to Conform with Uniform Minimum'c66nt~2~ ~ds Moore read proposed O~iinanoe No. 78-19 by caPtion on first ~eading. M~. Har~ening moved the adoption of Ordinance No. 78-19 on ~irst ~eaeling~ sec~deml)by Mir. DeMa~co. tinder discussion~ Mayor Jackson stated that t~is has been discussed thoroughly by the Council pre- viously and we requested this in ordinance form~ including the next three. Firs. Padqet~ then took a roll call vote on the motion 'as follows Couneilman Roberts - Aye Councilman Ca!dweli Aye Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson Aye Motion carried 5-0. P~ropgsed~ O~dinanee No. 78-20 - Re: Amendments to P~ovide for ,the Plumbing Code to Conform v~h Uniform Minin~nn ~Co~-'~id~ ~a~J~ Mr. Moore read proposed Ordinance No. 78-20 by caption on first readi nq. M~. Harmeninqmoved the adoptionof 0~dinanoe No. 78-20 on first ~eading~ seconded by M~. Caldwell. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Caldwe!l Aye Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman RDberts Aye Motion carried 5-0. -5- MY_NUTES - REGULAR CITY COUNC~IL MEETING BOYNTON BEACH~ FLOI~IDA MAY 16, 1978 ~Pp~ppg~ed~. Ordinance No. 78-21 - Re: Amendments to Provide for the Mechamieal Code to Cenfo~m with Uniform Minimum County-Wide Standards Mm..Mo~e mead proposed Ordinance No. 78-2! by captien on first read- ing. Mr. Harmening moved the adoption of 0rdinanee No. reading, seconded by Mr. DeMareo. No. discussion. a mo!l call vote on the motion as follows: 78-21 on first Mrs. Padgett took Councilman DeMameo Aye Vice Mayor Hammening - Aye t~ayor Jackson Aye Couneiim~n Roberts Aye Councilman Ca!dwell - Aye Motion carried 5-0. _P?~ojp9~9~ :O~dinanee No. 78522 - Re: Amendments to Provide for the Electrical Code to Conform with Uniform Minimum County-Wide Standards Mr. Moo~e read proposed Omdinance No. 78-22 by caption on first reading. Mr. Harmening moved the adoption of Ordinance No. 78-22 on first ~eading~ seconded by M~. Caldwei1. No discussion. Mrs. Padgett took a mol! call vote on 'the motion as follows: Vice Mayor Harmening - Aye Mayor Jackson Aye CoUncilman Roberts Aye Councilman Ca!dwell Aye Councilman DeMarco Aye Motion caz~ied 5-0! Pmoposed Ordinance No. 78- Re: Amending Section ~L, Appendix A - Zoning t%eq61ations Relative Requirement of Buffer Walls Separating C.o_~a! ~n~e~ Industrial Districts Which Abut Residential Dis- tmicts (See Old Business ~C"') ....... Tabled Mm. Moore requested this to remain on the table since the investi- gat-ion has not been completed. M~. Harmening asked if there were any problems relating to this and Mr. Moore replied that he did not see any~ problems, but has not had the chance to review the other recommendation in light of other b~siness. Resolutions t~6p~ed '~o!ution No. 78-AA - Re: Widening of Congress Avenue Mr. Kohl read Resolution No. 78-AA. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY !6~ 1978 Mm. DeMareo moved to adopt Resolution No. 78-AA~ seconded by M~. Caldwell. Under discussion, Mm. Caldwell referred to public hear- ings held on the widening of Seac~est Blvd. with the residents immediately adjaeent being overwhelmingly against the ~ideping and t~e Ci~ty Coun~i~ hadlt~ choices either not improve the road at ~11 wlthi~ the boundaries of B~ynton Beach or accept the plan forced upon us by t~ County. We did not like the plan the County pro- po~ed as we felt it was too grand and too ~ide~ especially for the homeowners in this a~ea. We ~eel the money would be put to better use ~by wider]i~%~ Congress Avenme~ which is the second major north/ south thoroughfare .in this area. Mayor Jackson elarified that t~his ~es~l~tion-re~mest~d the whole thing to. be re-evaluated. She does ~know theme-ar~ .some-~&wsuits ,and they are spending m~ney to get ~ight~-ef~ ~ay ,settled glo~g Sea.e~e. s~ Blvd. M~. DeMarco~added ~that Seamiest ~vd, W~uld-'~S~]~ be widened fr~m 15th ~venue ,~outh to the h0spm~tal. M~. padgett then took a roll eaII ~VOte on th'e motion as Councilman Roberts - Aye Councilman Caldwel! - Aye Councilman 'De~ar~o - Vice Mayor~ Haxm~.=ning - Aye M~yor Jackson - Aye Motion carried 5-0. Othem Repo~t on Park Bond Validation Mr. Moome reporf~=d that at the hea~ring which was precipitated by intervene~s and tt%e State-Attorney's Office, the primary date for the heari~z3 l~s I~ee~ continued and they are taking testimony and conceivably ~e decision on the validation could' be made on June 3. Ho~ever, the eontmant w~ith the Expos becomes null and void on May 28. In !~ o~ the cireumstances~ the contract will be null and void and .every indication has been given there will be continued opposition through an appeal, tt appears to him that it will not be possible to meet the obligations of the contract to bring the Mont~ea! E~pos here at this time. With that thought in mind, it would be orm possible recommendation to regroup and me-evaluate the proposed scope wi~h the Expos being involved since it appeams they will net be a ~iahle interest in the Qrojeet.and at the same time, ask the oo~mt to hold any consideration of the 1.5 million dollar bend validation in abeyance until we see wkether it wfll go forth~ go backwards or what, Mm. Caldwelt mef~rred to those residents who supported us to badge the position and economy of Boynton Beach and tba~ked them ~or their support. To those who objected, he eongratulated them on their parochial co~cepts. He thio/cs it is time for us to emit fu~her diso%~ssion and fu~the~ review this whole sports complex and'at some late~ 8a~e, put it out for ~e~erendum. For the time bei~ he e°neurs with Attorney Moore and n~ves to instmuct the Cit~ Kttorney to reqnest the court to hold in abeyance any and all proceedings-pertair~ to the validation of the bonds for said purpose of developing the 55 ac~e ~et in the south area of -7- MIN[ITES - REGULAR CITY COUNCIL MEETING BOYNTON. BEACH~ FLORIDA MAY 16, 1978 Boynton Beach, so we .can re-evaluate and re-assess our financial priorities in regards to the development of t~is site. Mr. DeMarco seconded t~he motion. Mayor JaeR~on suggested adding that-tTds be ~3~ned ove~ to Mr. Kohl to come back in about a m~nth with some vision. Mr. Catdwell asked if he thought he could come back in a~o~t ~ month ~thssome e~sts and Mm.. Kohl replied affimmatively, M~.~ ~we3_l then :included in the motion-t~{e ,mequest that' Mr. Kohl ~m~_,~?k ~ith a meport in 30 days. Mayor Jackson 1clarified that ~he~on is to i~struet the City Attorney,to ~equest the bond va/i~tion be .heJud in ,abeyance and in 30 day~ M~. Kohl wilt give a ~epo~t :ar~ have :some figures. M~, ~Ha~meninq .st~a~ ~,Tce. d that he ~co~mended'to Mm. Kohl initially that %~e ,p~bably ~ld not nee~ as many ball 'fields, but 'space e~u_l~ 'be~ ~eft,~pe~ ~o~ f~dt~dre b~d_l parks. it hat we have the land and there is no sense oils Mm. Caldwel! in b/s feelings and signed for this project, who are deli- He feels the City has been deprived of direction. Senior nitizens the sun. Seme opponents the future and i t is just that making any progress. He then ,was and Mr. Moore info~med him and he helieves he was May0~ Jackson ~eferred he did ask for was re~mesenting Dr. Kennedy, had hoped that people would look to look ~orwsmd te and the eld miner lesg~es or sehoels playing Mayor Jackson ~9meed and the fields laid out so we have all ages want to play. that it ~:seems rather ironic to him that some $%-~ongl~ ~se~ tb~s spelts e~plex ~e some of ~y ~e ~on ~s C~naii~ wo~d be sa~ng ~at ~ ~~ ~: id~ it .~s, ~ Jackson la~ed ~at she /~Sa~-a~ peOPle a~ ~e ~es who w~ted us ~ s~ S50~O~,~em a~ ~t ~p ~ no improvements in ~arison. M~. B~ ~¢~d, ~that he is sormy 'this whole thing bad to be t~rn~d intoi ~ !p~ti~a! f~. He hopes the people w~ raised t~s ~m~ ~ ~f~g~t~ ~i~ ,~i~erly ~ be ~e~red when the ~me e~e~,~d ~ ~t ~t~h~ ~one ~o~ ~ ~ o~ Boston B~ ~ M~,~ ~, .~de~ ~ [some of ~e poli~e~ ~i~es s~d ~ ~s~a pta~ ~en they ~un in t~ fa~. -8- MINTdTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 16, 1978 FLy. Moore elarif-led that the detemmination of the Council is not predicated on this controversy, but on the realization that time- wise~ this has been defeated; on the time limit and n©t merits. If we ~eould assure the Mont-3eal EXpos that the facilities would be ready~ ~ ,w~o~ld have prevailed on ,any legal ~ssue. The Montreal Expos f~z~r~ .themselves in lan untenable p6sitlon due to the insecurity o£ not be~ able te assume ,them of the funding ~or the facilities. They 'ha~ze ~ot jumped ship ~and have indicated a willingness to cooper- ate. He t-kinks itegoes without saying the fact the Mont~ea! EXpes ~ould e~er_£nto a contract to come to our town is probably one of the 9-~eat~s~,~.~acc~Omp3hishme~ts made by M~. Kohl. We m~st ~ea!ize ~2~e~e ar~ 2~ ~naj. Om te~e ball teams in the ,wo~ld and one ~selected Boynto~ .Bea?~, to come to. klith a heavy hma~t, we have to back up and st~a~t~rit3n a~ p~o~eet 'of l~ss magnit~deg Mayo~ Jackson added ~t~ ~:-~9!~o ~ents,~w~n in.'their delaying t~-ies~ D~t :a~SO have won i~ losi~ ~S 9~t~St ~b~n~ wt~ie2~ .Gould have t~pened in Boynt0n Beach. M~. Kohl ?_po~logized to Mr. McHate of the Montreal Expos, the teen- -age~s~ ehi!d~n, senio~ ~iti~ens, ere. in Boynton Be~eh who would hay9 used tipsy. -tie ~ch~nked the Mayor and Council. f~r fighting'£or s~q/-t~a~,BoyntOn Beae~ wOul~ bS prou~ of. We have had mo~e w0nde~ h~a.d~_i~tes. ~eeent!y tha~B at any time during the seven years he has beer~ ~. ~y0r Jain clarified that the motion was to instruct the City, ~Oz~ney1~ ~=~aest the court to hold in abeyance the bond valida- t~ ~ au%d Mm, K~>hi is requested to come back in 30 days with ~2ve- e%Rtluation Df the comp!ex 'and ha~d facts what it would cost to do wt~at ~we,ean~. AS ~equested, M~s. Padgett took a roll cai! v~te on the motion as follows: Councilman Caldwell Aye Councilman DeMareo Aye Vice Mayor Harmening - Aye Councilman Roberts Aye Mayor Jackson - Aye Motion ea~r~ied 5-0. M~. Moo~e iD_formed the Couneit that Judge Hm~ley ~uted yesterday on O~ean Ridge's attempt to dismiss and denied it and directed tt%em to file an answer to our complaint and the matter will go to t~ial. Also, in reference to Snug Harbor, the City has been dropped from'the suit against the developer. 6LD BHSINESS C~ ,.oynsider t%eeommendatien f-~om Htilities Director - Re:Lime R~uip- me~t Stent-IlD - Water T~eatment Plant Kohl ~ei=-ez~ed~" to subamitt~t~a recommendation ~m our H~es Dive,r, Pe~ry ~, ~egar~n~ ~e wate~ ~t~ plant st~t- ~ ~me coat,ended ~k-~ i~o~on r~a~ding this ~tter a~ s~ ~t he concu~s ~th his ~eco~endation. ~Ik~ITES --REGULAR .CITY COUNCIL MEETING BOYNTON BEACH~ PLOP~tDA MAY 16, 1978 Mr. Ha~mening moved to accept the ~eeommendation of the Utilities Di~eetor~ see?nded by Mr. DeMareo. Under discussion, Mayor Jackson s%~qgested qiv!ng elarif-ieatien to theaud~ence and I~n~. K~htread the attacked letters from Intemcounty Constmaction Corporation dated April 25, 1978~ and memo f~om~. Cessnaddated May 9~ !978. Motion carried 5-0. M~. DeMa~co referred to there being some controversy with our Boards ~t in tkepast, we had one membe~ af the Council attend He makes a motion 'that each membe~ of the Council ' the~yor oan i~the member would n~t have to give input~and report Mr. Caldwe!l ela~i£iedthat it has ~eenmoved Council sit in-on ,at teast one not against a he ~ou!d the MIhN/TES - REGULAR CITY COUNCIL MEETING MAY !6, 1978 BOYNTON ~EAC24, FLORIDA Consider Proposed Zoning Ordinance Amendment - Re: Buffer Walls (See~ Legal 'WB- 6) Tabled Mayor Jackson .announced that this would be left on the table. Consider Proposed Zooing Orclin~uce Amenclment - Re: Antenna Heights Mayor Jackson asked if M~. Kob_I had received any response and Mr. Kohl replied that he has received some phone Galls and believes some people are in attendar~e ~or this item. M~, Roberts moved ~o take this f~om the table~ seeended by Mr. DeMa~co. Metion carried 5-0. Mayor Jackson suggested that the recommendation from the Planning Zoning BOard be read first and then haz~the pDeple in the audience speak. M~ Moere ~ea~ the attached proposed amendment submitted by the Planning & Zoning Boar~. l~p. George Payne~ 134 So E. i!th Avenue, appeared before the Council and asked ~if the proposed amendment meant that the antenna attached to his house could o~ly ~exc~ed the district height ~egulationsby 10 feet and Mr. Harmening clarified that it Gould be 55 ft. high. Mrs. Kathy Cronk, ]-18 N. W. 4th Street, appeamed before the Council and asked if the antennaes already installed would require a pe~mit and M~. Howell informed her that the ordinance has always called for a pelv~it~ ~r~ if there are antennaes np which do not have permits, they should come in and have inspection and obtain .a p~rmit. Mr. Kohl mequested the City Planne~ to clarify ~he item and Mr. Annunziato explained how the district h~ght ~eguIations var~y for each zone. tte referred to the ~zone, where M~. Payne ~ived an~d clarified t.hat-a receiving a~te~nna would only be aT]owed to be 35 feet. ~r. Payne informed him ~hat ~he was talking about a trans- mitting ~a~t~nna and Mr. Annunziato explained how t~ ~ansmitting and receiving ~tem~aes wesee separated and clarified that ~his antenna for transmitting eou!d be 60 ft. high. Mayor Jackson~ added that it must ~e inspected a~d a permit obtained. M~. Catd~ell moved to direct the City Attomaey to draft '~e appro- priate o~di~a~ce inelu.di.ng, the reeommendatiens f~om the Planning Zoning Boa~ in thei~ ~ntirety, seconded by Mr. DeMa~eo. ~nder diseussion~ ~n~. Hau.~mening commended the Planning $ Zonin~ Board for doing such a satisfactory job with prepa~ing the reconm~dations to the satiBfaction of everyone. Motion ~a~ied 5-~. Dis'euss Repair to Road at Village Royale on the Green Mm. -DeMar~o refar~ed to there being a pot hol~ .at village Royale on the Gmeen and stat~ after examinin~ it~ he 'is not sure whether it is on City pr0Perty~ hut he would like to see the City take care of this. It is no~ a bi~ job and would~'~t take much to fix and would make a lot of people happy. -ll- M~NttTES - REGULAR CITY COI1NCIL MEETING BOYNTON BEACH~ FLORIDA MAY 16, !978 Mayor Jackson :stated that she has known about this, but we cannot go on pmivate p~opemty legally and do anything. She suggested having the City Eng!nee~ survey .it singe it is in a ha~d spet to detezvnine. FLy. DeMa~eo replied that he ,does not think the City Manager has the autP~ity~ but ~we do as ~Qou~eil members and he weuld Like to get it fixed without more fooling a~ound. Mayor Jae/cson refemred to it being on pz~ivate property and questioned F~. Moorets fe~,l~ng' about it and ~. Moore ~plied t~t if it is a p~i~te ~ ~ do n~ have a~ autho~ty. ~. Ko~ stated t~t it is ~n ~s~t 'and ~he cannot ~epai~ d~veways om pDivate ~ads on ~nt~ l~leSS the ~C~un~l makes a e~nge. ~. H~ng ~e~e~ed to ~e b~g a S~ Sta~te='aq~t ~expen~ pubic ~nds-on ~ pm~~ ~. M~o~ ~p~ed ~ 'we ~'not have ~the i~ ~ty :0~ Ob~ga~en '~ go on p~vate ~ads. p~eyOr J~ S. ta~t~d~ -.~hat wa should know whether it is on City pro- rty a~_ ~e~hat the i.C!ty Manager have the enginee~ ~sumv~y f~ ~d ~:~ ~ ~.~ Ko~ ~ti~d that he ~d have t~S ~one ~d ~e.~%gS ~e by ~e s~v~y team. ~y~r J~kson ~ified ~at if it is on-~:ty ~p~ we ~ mep~m ~r. Rabin Lefko~itz, 26!5 N. E. 35d Court, appeared before the ~- ~! and S~ ~at other ~n~s ~ invol~ ~re. He is ~ea~nq ~ ~00 ~eSi~nts si~a~ ~ m~t ~ n~. Ee expl~d how it was a n~row moad ~d off ~a moad,~-o~em to ~ss. He -~d ~ ~e. build- it Ts the ~t met~ ~/e · b~ea~n9 down at ~s~spot and t~s is the fami- az~s of the et~. He it iS the -12- MINUTES -~RE~dLAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MiRY 16, 3L978 M~. ROberts referred to going to see this and stated at that time, he ~ougllt it was City property and said it-would be fixed very soon. He also noticed that ~apparently ,that read is 'only ~eeently washir~ out~ so apparently it lasted for several years which is better than ordinarily, He refe~ed to Leisurevilte having nuiles 'of private ~roads and stated that 'they ~epair their pot holes. He is not against fixing this particular area if we can ,legally do so. However~ if ~e fix private ,zoaHs he~e, there will be requests ~fr~m others and there a~e hundreds of miles of private .r~ada in these private develop= ments. Mr. BeMareo asked who put in the dry ~wells and Mr. Kohl replied that ~he City put them 'in~ but the two he is refe~in§ to were pnt in by ~iillage t~Dyate on the G~een, In~. Mr. Lefkowitz etarified that there a~e three dry wells on the particular .spot ~where t~ hole is. Accord- ing .to the developer, the City pmt in the d~y wells. Apparently they were not pu~ in according to specifications because they a~e filled up completely with harclened mud. M~. Lefkowitz then ~ontinued with referring to~M~. Roberts? statement and ~stated that he ~aan show him othem areas in Village RDya!~e on the Gree~ Df a similar .nature, but they are not raising questior$ about tl~ese beeause these areas ~me their responsibility. The major reason ~s one spot was b~ought to their attention ~is because it ~was in, de- ,ate to ataZ~t ~witk and the City' t-~uck going through there has al.so eaUse~I ~.s. He told about-a ~garhage t~uak leaking oil and gasoline i~ ~a p~kin~ l~t~s3oout a .year ago and .stated that~ upon request~ ~he C~ty-~eome ~i~ and cut it out ~and asphalted ~ parking lot on thei~ pre'rate ,D~0pe~ty. li~. DeMaz~o sta~e~ in view of the .feet there are dry wells there and it possil~ Could have been -the fault o~ the City and it will not-amount te mueh~-he move~ to instruct--the City Manager to repai~ i~ and get it ~ever ~ith, Mayor Jackson ascertained that the motion died for lack of a second. Mm. Roberts :stal-ed that he could not second any me,ion eont~ary to th~ law~ we ~have to work under. The~e is a question here of the length .~f t~me in-volved and also a question of opening a can of worms. ~Mayor ~aekson adde~ that she feels it is not only against the l~w~ but ~t-~oufld be starting a preeedent.~ Mr. DeMareo dis- agreed tl~at it w~uld be estab!ishir[9 a precedent. Mr. B. J. Miltigan, 209 S. W. 5rd Court~ appeared ba~5~e the Council and requested to voice his opinion asea citizen. He stated that ~ithin the last two weeks~ the City of Boynton Beach resurfaeed S.-W, 3~d Court ~etween Ocean and 2nd Avenues. This is one cf the poo~es~, jobs ~f .engineering he-has ever seen and when he called the En~ineeming. Dept., the Enginee~ said this is all he could do With the help he has.' Mr. Le~ko~itz a ~s~ed if the sugges.~ion would be followed through to have th~ spo~ ~JO~veyed and Mayor Jackson replied affulrmatively that Mr. Kohl said ~e would do this. -I3- MINtagES - RF~LAR C%~Y COUNCIL MEETING MAY 16, 1978 BOYNTON BEACH, FLOtI~DA Consider Resolution fo~ Demolition of Stmuetu~e g Clearing of Land o_%N~ _E_,~ 10th Averr~e in Con~unction-.with the Conmmxo/ty Development P~oj eet Kohl respectfully requested the City Attorney ~o be directed to p~eps~e the appz~p~iate document to demolish structure a~d e_Iear the tan~ desc~Jibed as follows:~ Owner of Record & ~ddress Da~e3L! Adams, Trustee !~fl N, E. 13th Ave. Boynton Beach P~opePty Address 152~ N.E. 10th Ave. Legal Description Lot 9~ B!oek 5~ Palm Beach Country Club Estates P~at Book !1~ Page 5 Property Control ~08 45 45 21 10 Mr. Kohl stated that this is in accordance with Chapte~-l~-A of our Code of Ordinances and in conjunction with our Community Development Proj'eet, F~. Caldwell-moved to request the City Atto~ney to pmepa~e th~ nee- -essary ~e~,~'~i~nrfor demolition of the st-~uctu~es as recommended by the City Manager~ seconded by M~. DeMarco. No d±seussicn. Motion carried 5-0. Consider'Ratification of Police ~nion Contract M~. Kohl refe~ed to this contract becoming retroactive from Octo- ber, 1977, th~u Sept~mber~ 1978~ and if the Council concurs~ he will notify the P.B.A. repmesentative s~ they will offie~ally~atify these doeumentso Mr. Caldwell asked if it had been t~ntatively accepted by t?~ Police Benevelent Association and Mr. Kohl replied affirmatively. M~, Catd~ell moved to accept the contract between the Palm Beach County Police Benevolent Association for 1977-78~ seconded by Mr. De~a-v~o. No disemssion. Motion carried 5-0. Consider Site Development Plans RoDent S. Bacon for ConStruction of 8-Bay Self Service Car Wash Fanility at 13t0 North Federal Highway Mr, Kohl informed the Council that the Planning $ Zoning Board at tkei~ re~la~ meeting of ~ay 9~ 1978~ unanimously recommended approval o~ the site development plans submittedbby Mr. Robert S~ Bacon fo~ t%~e construction of an 8-Bay Self Service Car Wash faci- lity located at !3~0 N. Pede~al Highw~y~ subjee~to the following staf~ comments: -14- M~N~TES -REG~ILAR CITY CQUNCl-L MEETING MAY 16~ 1978 BOYNTON BEACH, FLORIDA !. D,O.T. Approval for curb ~uts required. Parking lot to be a minimum of 6~ cz~shed mock and 1" asphaltic concrete. 3. 'Eliminate pamking space blocking dumpster pad. Mr. Kohl continued that the motion to approve was made by M~. Lambe~t-and seconded by M~. Winter. The excerpt from the P!ano/nq Zoning Boa~d m~eting rainutes on thi s subject and a map showing th~ location has been sulm~tted. May he h~ve Council's wishes on this ~.. Ca!dwell moved to approve the site plan soJmnitted by RoboticS. Bacon for the 8-Bay Self Service Car Wash Pacili~f at !510 North Federal Highway subject to the recommendations in their entirety established by the Plannin~ $ Zoning Boa~d, M~o Hammening seconded tkemotion. No discussion. Motion 1tam,led 5-0, Keith B. Granger to Construct 4~ Condominium Apartments at Existing Four Seasons Condominium~ N. E. lYth Avenue and N. E. 4th Street Mr. Kohl informed theCouneil that the Plannimg g Zoning Boar~ at tkei~ ~gutar meeting of May 9~ecommended thesite development plans ~bmitted by M~. Keith ~. G~an~er t~ const~et 44 e~ndominium apaz~cments at the existing Four, Seasons Condomio/um ioea~e~ at N. E, !7th Aver~teand N, E. 4th Street be ,approved subject to the following staff cerements: Engineering Dept. 1. Sidewalk on N.E. !7th Ave. to be 1 ft. in from p~operty line. 2. Pa~kinglots to be constructed with a minimum o~ 6~ c~ushed rock and I'r~ asphaltic concrete. Utilities Dept. t. Bond requi~ed, Easements required. S. Utility womkto be done by a qualified utility contractor. General Services Dept. 1. No undemg~ound garbage cans. 2. Dumpstems to be located in conjunction with the Sanitation Superintendent. Planning Dept. !. Constr~ct South Circle Drive with 2 lanes of pavement~at east parking lot. M~. Kohl continued that the motion to approve was ~made by M~. Winter and seconded by Mr, Jameson. The vote was 5-i with Mr. /Arena dissenting, The exceJpt~from the Planning & Zoning Boa~d meeting minutes as well as a map showing the location of the pro- posed construction-was submitted. May he have Couneii~s wishes on ~his m~tter. -15- ~NUTES - REG~/LAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA MAY 16, 1978 Mr. Roberts asked if a representative was present and Mr. John Walker appeamed before the Council, M~. Roberts referTed to theme being a lot -of discussion about putting down hard an~,f~st z~!es and asked if he ,was involved with the original eonst~ctien at the Four SeaSons and MK. Walkem replied negatively, Mr. Roberts refer~ed to there being financial Urob!ems previously and stated that the ~ity is ~once~ned with the contractor involved. Mr. Walker, stated that he thinks the ~tion before the Planning & Zoning Boamd was ~he q~e~ti~n of the ~ttilities Department insisting upon ,a qualified .~t~ities ~o~t~aetom and he explai~e~ that he ,was in agreement with this. ~Lv, PDbePts ~efe~red t~ the Ce~neil being involved and~ stated we want to make ,sure ,the p~oblems will not be ~epeated and M~. 9&~J~ker ~eplie~ that they had DDthing to do with the o~iqinal deve- loper. M~. Ro~e~rs ~ved to accept the site development plan~ submitted by M~. Keith B. Gz~/~ger including ~ the re~ests ~e by tf~ ~nginee~- ~ng~ ~~ Gen~ Services and P!a~ng ~epa~t~nts. M~. ni~ s~onded ~e me, on. ~n~ ~seuss~on~ ~. ~e~ng as~ if any of ~e p~n~pals in this opematlon ~ ~a~ amc ~e s~e ~d ~. Wa~em '~ep~ed: none ,~hats~eve~l t~e~ ~ame t~ p~neip~s invol~d~ Lee W~ke~ ~d ~elf. M~. ~dw~.~] moved to amend the motie~n and eliminate No. 3 undem ~ Utilities Department since it is assumed the City Departments will i~specd: a3_l i%lstaltations a.~d l~e would not like a precedent ~ be ??e~ by tXAe C~ that City pe~sonnel'~wil! detez~Ain~ ~o is ~alif~ed an4. who is not~ because that is done at the ~-ime of Tssu- ante ~ ~ licensee It w~ill b~ inspected by City ,pe~sonne! and ke.doe~ n~t~ ~nk this ~eeommen~ation~ should be included. M~. ~obe~ ~l~es~e4 'hearing from Mie. Ce~, Mayor Jae~Sen stated if ~ wa~;t '~til final ±ns~eetion~ a lot of expense may,he involved to ~rrec~ ,it. If F~. Walkem has no objec~t-ions~ she thinks-this is a ~ne ~l~,hi~g to do. She then asce~taine~ theme ~a~ no seeon~ to the a~end~ent. ~ N~. Ea~zm~ng referred toMr. Walker probably ~a~derstandinq the Conr~i s ~esemvations and told about uti3~ty cent~ae~ors ~oinq ~a~fa~ry ~k. ~. ~kem rep~ that there ~ld b~e ~ p~obl~ ~d he uses ~a~ed uti~ties oon~ae~. Motioncarried 5-0. A resident of Pour Seasons appeared befome the Council and stated that he has asked the question mepeatedly just how they a~e going to be ~oin~53Legally. The home owners own ?~% of the development corporation and he understands that is ~he only vehicle additional buildings can come in with. Also, Mr. Granger, as he understands, was the o~iginal Ia~d owner and owns mome of these buildings. Mayom Jackson informed him tkatthe Co~ncil's vote was on the site plan and they did not get involved in thiS. M~.-Moome ~efer~ed to this being between the home owners association and condominium and adde~ that he tkinks Mr. Granger has been invo!ved, but as the original owner and mortgagee. MK. Walker clarified ttkAt he was the -16- MISR/TES --REGt!LAR CITY COUNCIL MEETING BOYNTON ~EACH, FLORIDA MAY 16, 1978 original owner of the land. Mr. Moore commented that probably Mr. Granger ~ad to be close to protect his interest -and M~. Walker agreed. Mr. h~oore ~eferred to the Planning & Zoning Board diseussin~ the problem of tko requirement for .the work to be done by a quaiified u~ty contractor and explained thor-the developer was in agree- ment, but stressed that this was not intended to establish any pre- eedent. Frank J. Rella ,for Construction of Shopping Cente~ at the S.W. Co~ner 'of Golf Roa~ and U. S. ~! (Rella Plaza) Mm. Kohl informed ~the Council that the Planning g Zoning Board at thei~ regular meeting of M~y 9, 1978, unaoimously ~reeommended ap- proval of~. ~he plans submitted by Mr. Prank J. Relic to eonstr~et a shopping 'center at ~the S.W. eez~nem- of Golf Road and U. S. ~l (behind th~ Standard Station). Thi's sheppin~ center is proposed to haye ~L1~2!4~'$~. feet of ~of~iee ~and I7~871 sq. feet-of retail floe9 'sIk~ee~ ,snbjeet to the following staff comments.: 1. Building Dept, -.Masen~y wa]] requi~ed per ordinanoe. 2. Engineering Dept. Parki-n9 lo~ to be oormtructed with a minimum of 5~' cTushed rook and 1" asphaltic e~ncrete, 5. Utility Dept, - Subj eot to sewer nennection elevation at manhole as indicated on plans. 4. General~ Services Dept. Access to ~umpster on'west to have a minimum of 12~ of pavement. Dumpsters to be placed on concrete pads. The motion to approve ~was made by M_v. T~a~ger and seconded by Mr. Winter. An excerpt from the Planning & Z~ning Boa~d meeting min- utes on this subjeot ~as well as a map showing the locationgof~the proposed R~lla Plaza has been submitted. May he have Council's ~ishes 'on this matter. Me. DeMarco moved to adopt the si~e plans of Rella Plaza subject to staff eomments~ seconded by Mr. Caldwell, No discussion. Motion carried 5-0, Consider Personnel for City Clerk,s Offioe Mr. Kohl ~efe~red to having an opening in the City Clerk's Office since one employee terminated and the vaoancy must be filled. He did not have to bring this to the Council, but he did not 'want them to wonder what Sue ~ruse was doin~ there all day. He would like to reoommend the hiring of our Stenographer, Mrs. Suzanne Kruse~ into the job,classY fraction of Secretary Z, Step ~, for ~1 time en~loy- mont. Mrs. Kruse would ~ontinue to take ar~ t~anse~ibe the minutes -lY- MI~N~ TES - REGULAR CITY Cg~NCtL MEETING BOYNTON BEACH, FLORIDA MAY 16, 1978 for our Boards and Committees meetings~ as well as our City Council ~.etings, by attending the meetings and doing the t-~anscribing here at ty Katt, eomPilin§ the time into a 40 houm work week. Mrs. Kruse would also be-learning other duties in the City CIe.r~k's Office and ! feel that it WOuld be of extmeme benefit to the City as well as to ~s. K~use to b~eome a full time employee. May ,he have Couneilas wi shes please. Mr.. DeMa~ee moved that the City Manager be granted this request, seedtimeS,by.Mm, Catd~ei!. Mayor Jae~n ~a~i~i~ that tt had been S~ ~-~essing a~e~t ~e t~s ~e~est. Me, on e~ 5-0. ~j~ Resi~a~sn a~ ~ from Co~ni~ R~f~ JaSon mefe~ed to the ~ AppeamaneD Boamd ea~i~ ~ the~l~s ~en~on the f~t that ~. H~ld Ws~ge~ hgs been ~seSt ~ fonm ~n~ and asked if he had been n~ed of each ~ ~ i~ thee ~a.~y womd-~om ~m. ~s. Padue~ ~eplied ~ ca~ moved to suspend any appointment to the Commu.r~.ty ~,Board Un~il making sure M~.. Werger ~ been notified o~ ~ im.~ngs to give' him the benefit o~ the ~R~u~t. Mr. DeMamoo s ~' ~e :motions, ~nder discussion~ Mr. Roberts stated l~e WOuld ~ t~i~Be~ ~M~. We~ger's intentions and Mrs. Padgett meplied that S[~e wo~d ealI hi~ Motion :carmied 5-0, R~q~est [~ Re~nd on Cemeue~ Lots - Frank D. & Mabelle ~eaitt e~ ~Caldw~ll moved to grant tT~e acceptance of the se]Ting of the ~.tots for Frank and Maybe~le Fecitt as laid out in their ~er d~ted~ May 5, 1978, seconded by Mr. Har~ening. M~s. Padgett e~.lamif~ itkat it would be' at the purchase price less the normal diseOu~ 'and M~. Caldwell agreed. No discussion. Motion eaz~ied Establish Date for First City Council Meeting in July, 1978 M~. Robe~s moved to hold.the meeting on the next day, Wednesday, J~ly 5, ~ne~Ju~y ~,,is ~e ~ate o~ ou]2 negater fim~s~ :Cou~ei~!e~eet- 5idg~ seconded by Mr. DeMarco. No discussion. Motion carried 5-0, App!ieatiens for Permit to Solicit: i. 'Veterans of Foreign Wars - Post 5335 2. ~Galaxy Elementa~yPa~ent Teacher Organization 5.- Leukemia Society of kme~ica~Inc. Mr. Kob~ ~ead the above and requested all to be approved. Mr. DeMarcom~ved to approve all three applications, seconded by Mr. Caldwe]7~ No discussion. Motion carried 5-0. See "Mmnutes 6/6/78 -18- MINUTES - REGHLAR CITY COUNCIL MEETING MAY 16, 1978 BOYNTON BEACH, FLORIDA List of Payments- April, 1978 M~. Cal~well moved to have the-List of Payments attae2qed to the miru/tes~ seconded by Mr. Har~maiming. No ~isuussion. F~ption earn- mied 5-0. Approval of Bills Mr. Kohl read the ~ollowing bills for approval: 1. I.B.M. Corporation $ 3,837.00 ~ompnter rental for the month of May 1978 Pay -f~m budgeted ~unds 001-133- 510-02-21 Rnbin Constmuction Ce. Asphalt eone~ete Pay 'fr~m bndgeted funds 320-401-5~0-04-31 1, 37&.62 $. Bo. ard of Counter Commissioners 9, 546.00 Hse of CoUnty Landfill for the month of April 1978 Pay from budgeted funds 001-32!-530-02-9A Penwalt Corp. 2~ 753.17 Anhydrous ferric eh!orida fo~ Sewer Plant Pay f~om bndgeted funds ~0!--5S3-550-03-,65 5. Regency Dodge 52~ 326.20 Ten police cruisers Pay f~om budgeted funds 320-201-52D-04-81 Calgon Corp. 2,050~ 00 B~metallie Phosphate for ]~ater T~eatment Plant Pay f-r~m budgeted funds 401-5t2-550-03-65 7. Ali-Out Contractors, Inc. 3,510. ~8 A~eators at Watem Tmeatment Plant expansion Pay f-~om ~tility General Fund 40!-000-i69-01-00 Co~nei! approved 2/21/78 8. Intereounty Constr~ction Co. Est. ~!8 S, 774.95 Watem Treatn~ent Plant expansion Pay from Atlantic Nationx%l Bank Se~s 1975B Contraet dated 7/9/76 9. E.N. Rit~ Ente~prises~ Inc. ~3 38~649.53 Office. Building Pay from Federal Pub!lo Works Fund 350-835-570-05-71 Contract dated !/23/78 -19- MINI1TES - REGIILAR CITY COtlNCIL MEETING MAY 16, 1978 BOYNTON BEACH, FLORIDA 10, West ConstPuction Co. Est. ~S J5~4~9.88 Elevatom~inCity Hall Pay f~em Federal Public Works Pund 350-835-570-05-69 Co~t~act dated 12/9/77 South Centq3at Regional Wastewater T~eatment Plant 250,000.00 Boynton Beaehha!f of cost for eonstr~ction and related services Pay f-~om Atlantic National Bank !975B Series Per ."Aclministl~ative P~oeedu~e"..dated 1/27/77 12. Case Power $ E~pment 10,864.00 T~aetom with f~ont 'end loader Pay f~om budgeted funds 320-321-530-04-83 Bid approved 3/7/78 I3. Board of County Commissioners 1,977.60 Palm Computer Sys~-em for f~ur months Pay ~om budgeted funds 001-201-520-02-21 14. Isiah Andrews 110.00 Driver ~or Senior Citizens Club - 2 Weeks Pay f-~om budgeted-~fl~nds 320-871-570-02-5A Ordinance ~7~-15~ passed 5/15/73 15. Willie Ruth MeGrady 96.00 Server for Senior Citizens Club - 2 Weeks Pay f~om bmdgeted funds 320-87!-570-02-5A Ordinance ~73-15~ passed 5/15/73 16. Pnb!i~ Market 104.26 Meals ~or ~eedy and infir~ed Pay f-~om budgeted funds 320-871-570-02-5A Ordinanme~73-15~ passed 5/15/73 M~. KoP2 stated that the bills described have been approved and verified by the depa/~cment heads involved; checked and approved for payment by the Finance Department; funds are available in their re- spactive budgets. He therefe~e recom~n~s payment of these bills. M~. Ha~mening moved to pay the bills, seconded by Mr. Caldwell. ~der dise~ssion~ Mr. DeMarco questioned the location of Reqency Dodge and Fi~. Sullivan informed him it w~s in Jacksonville and Mr. Kohl added that it was a state contract. M~. DeMarco asked if !oeal people bid a~d Mr. Kohl replied affirmatively. Motion ea~ried 5-0. -20- -MIN/1TES --REGULAR CITY COUNCIL MEETING BOYNT~N BEACH~ FLORIDA MAY 16, 1978 OTHER Receipt of Correspondence f~om Hank Thompson Mr. KohI read the attached letter f~om Hank Thompssn Real Estate. He added that he knews what real estate agents ame supposed to re- ceiveon commissions and knows What Hank Thsmpson did in obtaining this site for the City and feels he is justified in reeeiv~ least ~!,O00. He should have received ~7~050~ bathe would not accept it. Mr. DeMarce made a motion to pay the $1,000 sum and ts thar~k Hank Thompson f~r the a~ditional servise at a fair p~ice~ seconded by Mr, Cal~well. '~nde~discussion, MD. Kohl added thatHankThomp~sn worked hard en this, Motion carried 5-0, Dissuss Visit to E. P. A. Mayor .Janks~n requested Mr~ Paul Startzman to come forward. She announeed that ~he thinks the time has come when we need to do somethir~ about our regional plant and she requested Mr. Startzman to explain. Mr. Startzman stated that he was not particularly pleased to discuss this matter~ but thinks it shou/d be discussed. He thinks the time has e~me and ~is p~obabty,!ong past due when we have to make some resolution in some of the matters which have t~ do wi~he admini- stration ef She oncoming p!an~. The~e is no element of criticism invol~ed~n what: he is going to say'. As they all know~ he was some- what ir~umentaI in the prepa~ationar~ negotiation of .the Inter- -local A~ement. He was again somewhat instrumental in 're'solving the m~g of ~hat agree] solve a conflict between Boynton Be~e~.~a~i~ay Beach. ] there are styli differences of opini~s]Detween a 97~ea~] need t~ be resolved~ pa~tic'u!a~ly he thinks it on the part of ou~ nemghborsar~ partners. MD. Sullivan was f~nishing the for the employees who will be released f-z~m our plRnt at time it is phased out. He explained that the employees could be trans£~rred to Detray Beach ~ith~at any loss of benefits whatsoeve~ :an~withou~c any difficulty. Mr. St~rtzman then ~efe~ed to having co~nunieatisn from De!ray Beach that it is proper to grant Boynton Beamh employees a release from onr plant who are etigihle for preferential positions in em- ployment at Delra~Beach. This was dissussed at the deposition with the attorneys and it was said this was not mandatory, but it was stron~7Iy recommended. MD. Mariott gave a t~tter to ~r. Kohl in the same csnnestion. Mr. Gable ~as had no opposition whatsoever in woi~ling with the ~De/~ay Beach actuary and Mr. Sullivan has had no troub%ein operating the matter of fringe benefits. Our Utili- ties Dir~etorhas requested twe weeks notice of any employee who wishes to be released and go to Delray' Beaeh, so he can keep our -21- MIk~dTES.- RE~ULAR CITY COUNCIL MEETING MAY 16, 1978 BOYNTON ~EACIq, FLORIDA plant-running without intemuption. Theme is no difficulty there. However, theme a~e difficulties that are either imagined om for some othem season. He is genuinely concerned that the tetras ef what 'we m~st ~do ~ndem cur g~ant ~ame not being complied with for one meason om anothem. He ~feels that as far as~*'this City is e0neerned, we skou!d do as 'we did the other time and t~ke .some of oum Council members, and if they elect to send him he will be happy to go~ to go tO Atlanta and clise~ss this whole mattes with E.P.A. He f~n~ed to~the t~ip, i~ 1974 ~he~ k~ ~be~s went-~t~ E.P.Ao and ~l{e .results that E.P.A. is this certain the He inten~s t~ do his job ~ feltew everything in much to his su~- ~mmediately t~ e3iamify t~uths~ D Atlanta is and He ~et it was before · the agenda He ~me~e~e~ to stated bit as she MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 16, 1978 Mr. Harmening stated that partially in reply to Delray Beach, there seem to be some ameas of disagreement which should be ~esolved and Mm. Roberts replied that we do not know the disagreement ~ithout the Chief Executive Officer being here. Hr. Stamtzman stated that the letter ~speaks for itself~and his coneer~ is the cutting off of funds. Mayor Jackson agreed and stated this is why she feels it is necessary for Mm. Stamtzman and M~. Hammening to go to Atlanta to the E.P.A. MT. tlaranening agreed and stated if two people are going f~om Delray BeaCh, we should go also. Mr. Startzman clarified that he talked to MD. Mariott and was told he would attempt 'to go ~ith two Deople. Mayo~ .Gae~son asked if FEe. Startzman felt if he went with Fu2. Haz~..ening that -they 'ceuld stms/ghten this out and'Mm. Sta~tzman ~epli ed affi~matively. ~Mayo= Jackson s~uggested .a motion to have the Vice Mayor go with Mm. Starqlzz~ul ~to Atl~ta amd set ~p ,an appoin~ent ~ ~et-with E.P.A. ~. ~o s0 mo~ ~. ~dwell~ ~. Ha~ng ~ked if ~i't be in~ude inethe~ p~ty if D~ray Beach sen~ if it was neeess~y. ~. S~tzman ~e moue int~preta~o~ We will were any objections i~ ~ t~ked ~c~ved nega~ve responses. Mr. Roberts w~ were in doub~ ~out and Mm. Startzman ~ in MD. Can~s le~e~ ~ ~. How~t in ~o ma~fiea~o~ about ~e t~erloc~ E.P.A. ~ !~tt~ ~is dated May ~. ~non ~ ~o~ Ja~son ~aq~eed. me,on is that ~. ~mmeni~nq and E.P.A. a~ wi~ ~e whether an ~8. .~ti~n ~rie~ 5-0. Mr. Caldwelt moved to adjourn, aeconded by Mr. Hammening. Motion carried 5-0 and the meeting ~as 'properly adjourned at 9:50 P. M. ATTEST: ~ Recording Secretary (Tbmee Tapes) -23- CITY OF BOYNTON BEACH, F~LORIDA Vice~/Mayor Counci~m~ Councilman REPORT ON "RID LITTER DAY" Date: April I5~ 1978 Time: 9:00 AM-12:00 Noon Place: Boynton Beach, FL Thc purpose of this ninth annual event was to clean up the City and to instill civic pride. Hopefully, many of the people who participated and watched others wor~, will try just a little harder to keep their own yards and streets a little cleaner. A cleaner city will not only be more beautiful, but will also increase our property values. Ten (10) individuals and organizations donated a total of $230. This money will be spent on two (2) new litter barrels which will be placed on city property in heavy traffic areas. Instead of buying the standard barrels, this year we selected very attractive and colorful ones designed in the shape of our State Bird. These barrels will '~e constant reminders that we should have a litter-free city. FACTS: A ~otal of 450 children will receive certificates signed by the Mayor. Participating schools wera Galaxy Elementary School, Forest Park Elementary School, Rolling Green ElemenTary School, Poinciana Elementary School, and St. Mark's School. Other organized g.roups were the Wilson Youth Association, Cub Scouts, Doynton Day'Care Center, Fraternal Order of Police, and the Boynton Beach Little League. Organizations that took part were Knights of Columhus, Castoff Square Dance Club, National Association of Retired Federal Employees, ~raterpa) Order of Police, ~oyal Palm Republican Womens Club, Best People of Elks, B'nai B'rith Boynton Beach Chapter', Boynton Communit~ Forum, Sorosis, Chamber of Commerce, Kiwanis, Lion's Club, and Rotary Club. Individuals who donated money were ~r. and Mrs. Walter Jackson, and Kathleen Kirton. We would like to thank alt the principals, school teachers, ~nd chaperones who helped ~s by having their students make promotional posters as well as the actual litter-picking. Thanks are due to. the news media: Boynton News Journal, The Shopper, Post Times, Sun Sentinel, Miama Herald, and Radio Station Our phone committee of-Ethel Peters and Kitty Deneen are due much credit 9or their work as phone committee womeu. page 2 Ethel Peters should also be recognized for her constant help in all areas of promotion and execution of this year's program. Her help was very much appreciated. A special thanks is also due to McDonald's and Bud's Take who are glving tickets for a piece of chicken and fries to all participants. Anne Tindell of t~e Chamber of Commerce was responsible for making all of the arrangements. Out Mayor Jackson and ~ traveled around the city on April 15th and found many citizens who were not members of organize~ groups very willing to pitch in and help. These people will not receive the recognition they deserve; ]~owever, I would like to make note of it at this time. The physical result as of ~2:00 Noon on April 15th was 11,500 pounds of litter picked up, making Boynton Beach a little better place to live. CItY OF B6YNTON BEACH Jim Patterson, Chairman RID LITTER DAY City Employee JP:as 5/8/78 Russell & Axon 2948 Forest Hills Blvd. W~st Palm Beach, Florida 33406 April 25, 1978 Attention: Mr. Joseph Swan Project Engineer Reference: Boynton Beach WTP Expansion I.C.C. Job 76-10 gentlemen: It has come to my attention that there is an article in the Boynton Beach News Journal of April 20, 1978 concerning the testing of the lime equipment for the above referenced pro- ject. The article implies that Intercounty does not want to clean the equipment after it has been tested. I feel that the Boymton Beach City Council has misinterpreted our position in this matter. I would like to clarify our posi- tion at this time. As we have previously discussed, the present contract width the City of Boynton Beach requires us to furnish, install and start up all the lime handling equipment for this project. It appears that the City has elected to start up the lime handling equipment and operate it for approxim~tely thirty days, after which the equipment will be taken out of opera- tion and completely purged and cleaned. The purging and/or cleaning of the system is not included in our contract price. However, in the interest of cooperation with the City of Boynton Beach, I.C.C. would be willing to assist the City personnel in the purging and cleaning of this system, on a force accoumt basis, as set forth in the contract. If.this arrangement is desired by the City, please corresponde with us at your convenience. If we can be of any further assistance to you in this matter, do not hesitate to contact us. Very truly yours, Leslie W. Koehler, Jr. Vice President cc: 76-10 MAY 0 3 1978 MEMORA'NDUM Frank Kohl City Manager Perry A. Cessna Director of Utilit~s May 9, 1978 Water Treatment Plant Expansion - Lime Coagulation You have received a copy of a letter from Mro Koehler~ Jr.,~ Vice President of Intercounty Construction, to Russell and Axon, dated 4/25/78, copy of which is attached, regarding the start up with lime coagulation. I have discussed this problem with Melvin Colgin and we know that we will get the assistance from Robert Byrd of Wallace and Tiernan and proper instructions to clean up this equipment after the testing is completed. We certainly feel that our staff a~ the Water Plant will be able to do the necessary cleanup properly without getting Intereounty Construction involved in this clean-up operation. As to the figures of $20,000 that was kicked around at the Council meeting, I feel that this figure is totally'erroneous and ~oes not reflect my staff or my feeling a~out what will have to be done. In other words, we will handle it in-house, without any fanfare. PAC:br ~tt. .SECTION 4 Height Limitations and Exceptions No portion of any structure intended to be utilized for residential, commercial, or industrial purposes within the municipal limits of the City of Boynton .Beach, Florida, shall' exceed the height of forty- five (45) feet above the final grade level of such structure, except as noted below. Water, cooling and fire towers, radio and television towers of commercial nature, church spires, domes, cupolas, flagpoles and similar structures and their necessary mechanical appurtenances may be erected above the district height limitations provided herein after r~commendation by the Planning and Zoning Board and approval by the City Council based on their consideration of the standards for evaluati~g exceptions to district ~height regulations set forth in Paragraph 3 below. in considering an application for exception to the district height regulation, the Planning and Zoning Board and the City Council shall make written record indicating the proposed exception has been studied and considered in relation to the following standards, where applicable: · (al ~hether the height exception will have an adverse effect on the existing and proposed .land uses. Whether the height exception is necessary. _(c) Whether the height exception will severly reduce light and air in adjacent areas. (d) Whether the height to the improvement property in accord exception will be a deterrent or development of adjacent with existing regulations. ~Je) ~%~ether the height exception will adversely affect property values in adjacent areas. (f) (g) Whether the height exception will adversely influence living conditions in the. neighborhood. Whether the height exception will constitute a grant of a special privilege to an individual owner as contrasted with the public welfare. (h) Whether sufficient evidence has been presented to j.ustify the need for a height exception. In residential zones, freestanding receiving antennas may not exceed twenty-five feet (25) in height, and no freestanding ~eceivlng antenna may be constructed within the building set- back lines. Roof mounted or wall supported receiving antennas · ~may exceed the maximum district height regulation by ten feet (10); but in no instance, may a receiving antenna exceed the roof line height by more than fifteen feet (15). In residential zones, freestanding transm~.tting antennas are.subject to the following limitations: No freestanding base tower shall exceed forty- five (45) feet in height; (b) No freestanding base tower and antenna shall ,exceed sixty (60) feet in height; No freestanding base tower with or without an .antenna shall be constructed within the building ~setback lines; and, No freestanding base tower shall be constructed without having first secured a permit from the City Building Official. Roof mounted transmitting antennas sha'll no~ exceed the roof -line height by more than twenty (20) feet. THO tt'$ ALTY. April 27, 1978 Mr. Frank Kohl City Manager City.of Boynton Beach Bey~ton Beach, Florida 33435 RE: Janet Hall Property/Counseling[Contract Preparation & Appraisal Dear Mr. Kohl: I'm hesitant in coming to any fim decision about ~he feel or which I will submit for professional work done on the above captioned app- raisal and sale. Normally, of course, when I WOrk for a client who is selling vacant land such as this, the fee is 10% or in this case it would have been $7,750.00. Howaver,'my'intent' in this case was'to be an agent of s6rvice'to the City in whatever way possible and it certainly is not my &esire to present a fee which would cause any disturbing thoughts or ill feelings and for that reason I may wait yet somewhat before I submit my fee. In the appraisal and counseling work alone, I feel justifie~ in sub- mitting a bill for at least $500.00 and further with regard to prep- arations and negotiations of the contract itself, I hopefully feel that you think an additional $500.00 is not excessive. If these amounts (to.taling $1,000.00) bring .a?.y probl~, please let me know at once and I w~ll work in any way possible to b'~ of service to you. ~ // ' ,~{] Ci~ ~A~?~~?s ., ' ~.~.., .~ : 7~' A G E Iq D A May 16, 1978 OTHER: A. Consider Receipt of Correspondence H~nk Thompson Realty, Inc. - Attached hereto please find copy of the above dated Apri!~27, 1978 which is self-explanatory. recommend immediate payment to Mr. Thompso~ i~ ~he amount of $1,000.'00. May I have Council's wishes please? F~nk Kohl / City Menager FK:pb Attachment