Loading...
Minutes 02-07-78MINUTES OF REGU .LAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, F~ELD IN CITY HALL, TUESDAY, FEBRUARY 7, 197~ PRESENT Emily M. Jackson, Mayor Edward F. Harmeming, Vice Mayor Richard D. Caldwsll, Councilmam Joseph DeMar¢o, Co~mcilman Dawid Roberts, Councilman Frank Kohl,. Cit~ Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Eayor Jackson welcomed everyone and called the meeting to order at ?:30 Ps M. She reguested everyone to please rise to the Flag le~ by Councilman David Roberts. AGENDA APPROVAL Mr. Earmemi~g moved to adopt the agenda as printed, seconded by Mr. Caldwell. Motion carried unanimously. ANNOUNCEMENTS Mayor Jackson announced that on February 13 and 27~ March 6, 13, 20, and 27; and April~3 and 10, there woald be tax aid assistance in the City Hall Lobby from 9:00 A.'M. to l:O0 P. M. Mayor Jackson announced that City Hall would be closed on Monday, February 20, 1978, in observance of Washington's birthday. Mayor Jackson announced that if anybody wanted to speak on any item on the agenda to please give their name to the City Clerk and she will call on them when the time comes. She added that when there is a motion on the floor, there will not be audience participation; but Mrs. Pa~gett will remin~ her when someone wants to speak so they won't be cut off. MINUTES Regular City Council Meeti~ - January 17, 1978 Mr. Harmening referred to Pages 3 and 4 and corrected the spelling to ~Cameroua". Mayor Jackson referred to Page ? and requested ~he following sentence to be added to the next to last paragraph which was left out: "She stated her fear of a domino reaction and thus expanding from the north to the south." She referred to Page ]9, second paragraph under New Business and clarified that it was N. W. 22nd Ave. and not near N. W. 22nd Avenue. N~. Roberts moved to accept the minutes as corrected, seconded by ~. Harmening. Motion carried 5-0. of 2/21/78 MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1978 Special City CounCil Meeting -~Ja~uary 23, 1978 Mayor Jackson clarified that when she referred to the Opera- tions Ma~al, she suggested reading the !ntroductio~ of ¥olmme I and the Personnel Section in Volume 2. Mr. Roberts moved to adopt the minutes ef the Special City Council meetiag of January 23, 1978, as corrected, seconded Ky Nm. DsMarceo Motio~ carried 3-0 with Mr. Harmening and Ns. Caldwell abstai~ing~ Co~f~rsnce - C±ty Co~cil/P.B.A. - Ja~mar7~ 25. 1978 ~r. DeMarco mo~ed to accept the minutes of this Conference Session, seconded by }~. Caldwell. Motion carried 5-0. A~ENDA Mayor Jackson referred to many people attending for Item F under Administrative and suggested considering this at this time so the people would not have to sit through a long agenda. Mr. Harmening so moved, seconded by ~. Caldwell. Notion carried 5-0. ADMI~IST~_TT~E Discuss Contents of Report on Conference with P.B.~.~ Mayor Jackson referred to having a full meeting on this and having discussed it and stated according to the minutes, it was moved to bring it back to the Council for our final deci- sion. She clarified that the testing and training were re- sol, ed, the ~acations and raises were tu_~ned over to Nm. Kohl to handle administratively, and the clothing is left. She asked what action the Council desired to take? Mr. Roberts moved to accept the first four items with in- structions to the City Fmnager to resolve the testing and training, pay plan and vacation. Mm. Harmening seconded the motion. Under discussisn, Mr. Caldwell referred to the clothing allowance and ~yor Jackson clarified that the notion covered the first four items and the clothing allo- wance could be handled separately. Motion carried 5-0. Mr. Roberts then clarified that he did not include the clothing allowance because h~ ~eels it is a pretty good percentage with resolving four out of five items. Mr. Caldwell referred to being in between budgets at this point and asked if a clothing allowance could be approved to be included in next year's budget. ~. Moore replied that the Budget preparation is not part of his department, -2- MINUTES REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRU~qY 7, 1978 bU~ if the Council desires, he believes they could make some- thing hindi~ug on this Council but they must consider other things. Mr. Caldwell referred to the recommendation from the Special Mm~ster being $100 to $150 per year for the uniformed officers and $300 per year, a~ increase of $100, for the non-uniformed officers mud suggested including this im the fiscal planning for nex~ year. He added that this statement was iL the form of m motion, hut MAyor Jackson ascertained there was no second. Mr. Caldwell asked if it was his mnderstandi~g that his fellow Oouncil members did not want to allow a~y clothing allowa~ce and ~myer Jacks®u explained that she thought it was premature to discuss the upcoming budget. She thimks it should be dis- cussed at the budget meetings in July. ~. DeMarco referred to giving four out of the five items for this year and sug- gested possibly reconsidering at budget time as he does not think we should m~e a commitment now on it. Mr. Roberts agree~ with ~. DeMm~rco and added that he understood Mr. Caldwell's recommendatiom was that this would be given to just the members of the P.B.A. and Mr. Oaldwell disagreed. Mr. Robertsstated that we ~.~aanot give mome~ to one segment because they are represented. The Council ms supposed te represent all employees. T~is w~uld Create a great deal of problems. M~. Coldwell clarified that he was not indicating we shomld discriminate between the P.B.~A. members and non-members, hut he was just merely going along with the Special Master's recommendation. The Special Master recommended $100 to $t50 per year for the uniformed officers and $300 per year for the non-uuiformed officers, which is a $100 increase. Mayor · B Jackson stated that Mr. Panza was j~st reDresentmng the P..A. and we are representiD~g all employees. ¥~. Caidwell agreed, but stated that we are comcerning ourselves with the P.B.A. Contract and explaimed how the 40 hours training would be available to all members ef the Police Department. Mr. DeMmrco agreed that all: shonld be entitled to the traimingo Fm. Caldwell explained haw the Special Maa~er considered the arguments given by the City and P.B.A. an~ based his decision to affect all members of the Police Department. The Special ~ster said we should go ml~ng with all the points and by agreeing to only fomr O~t of the five, he thinks something is lacking. Mayor Jac~soa replie~ that she thought every- eno understood his motion, but no second was giveu. She clarified that the CoumCil has accepted the f~rst four only regarding testing, training, pay plan and vacation. -3- MINUTES - REGULAR CITY COUNCIL MEW. TING FEBRUARY 7, 1978 BOYNTON BEACH, FLORIDA BIDS One (1) Blue Print Machine (Tabled) ~. Harmening moved to take this from the table, seconded by Mr. Caldwell. Motion carried 5-0. ~. Kohl informed the Council that this bid item was tabled at the January 17, 1978, meeting to review the information supplied by the bidders. The Tabulation Committee recommends cancellation of the bid. The decision is to modify the exist- ing u~it which would result i~ a considerable saving to the City and stilI provide basically the same features required. May he have Council's wishes on this matter please. ~-. DeMarco moved to strike this from the agenda, seconded by Mr. RobertS. Motion carried 5-0. OLD BUS I~E$S Mr. DeMarco referred to people being present in regards to the Plan Review and requested this item to he considered at this time. Pla~ Review (Tabled) Mm. De~Z~rco moved to remove this from the table, seconded by Mr. Harmening. Motion carried 5-0. }-~. Lewis W. Lawder, Executive Vice President of the Home Builders & Contractors Association of Palm Beach County, appeared before the Council and told about re presenting approximately 165 home.builders and 300 suppliers and sub- contractors involved in housing. He requested some:~iscus- sion on this subject, so they would know what was planned. Mr. Kohl referred to the City Coumcil directing the City Manager at the last meeting to submit mesults of a survey made among the surrounding cities which indicates their pro- cedures in handling the review of multi-family and commercial plans and reported the following: City of North Palm Beach - They have no Planning & Zoning Board, but they do have a Planning Commission which checks duplex, multi-family, and commercial plans for landscaping, shrubs, etc. City of Riviera Beach - The Planning & Zoning Board approves site plans for duplex, multi-family commercial buildings. -4- FEBRU~MY 7, 1978 MtN~TES - REGULAR CITY COUNCIL MEETING BOYNT0~ BEACH, FLORIDA 3. City of West Palm Beach - The Building Department does all code enforcement of zoning, landscaping and building codes. 4~ Palm Beach County - The Planning & Zoning Board approves conditional uses and variances only. 5. City of Lake Worth - The Plan~ing & Zoning Board is similar to our Technical Review Committee, in that they review and approve site plans on projects in excess of three acres. Town of Lantana - The Planning & Zoaing Board only hears appeals for setbacks and variances. City of Delray Beach - The Planning & Zoning Board only handles variances for setbacks and approves conditional uses listed in their Zoning Ordinance. 8. City of Lake Park - The Building Department enforces all Zoning Ordinances and Building Codes. City of Boca Raton The Building Department has two zoning inspectors and two community appearance in- spectors. All plans are handled by the Building Department, which enforces the zoning codes, land- scaping codes and the building codes. The snly things reviewed hy Planning & Zoning are the condi- tional uses. ~o Kohl added that i~ most cases, when the Building Officials of these other cities were informed of the way our City is now operating, in comparison, they felt we were behind time by having the Planning & Zoning approval and City Council appro- val on such plans. The major cities provide plan check areas which take care of this, along with the laudscaping. They have a definite Ordin&nce outlining percentage-wise, the green areas, shrubs &ud trees required. Mr. Kohl stated that Section 2-41 ef our Ordinances outlines the proper duties of the Planming & Zoning Board; however, it seems that on Page 420.15 (Section 31-2), Paragraph 7, is in conflict. This portion of our Ordinance, ~etting up ~Planning and Zoning Generally", states entirely different duties. Basically, it states that Planning & Z~ning should review all buildings other than single-family and duplex residences and report to the City Council their recommendations for approval or disapproval. Ee is entirely in disagreement with this; he would much prefer to revert back to the way Pls~ing & Zoning is ~utlined in Sectio~ 2-41~ In talking with both our Build- ing Official and our City Planner, it has been mentioned to ~oth that there would probably be a change; therefore, he is asking Co~ucil to have the Ordinance changed back so the -5- MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 7, 1978 BOYNTON BEACH, FLORIDA Planning & Zoning Boa~d could operate as originally outlined in Section 2-41, based on the following facts: The Technical Review Committee consists of every Department Head who would ever hav'e anything to do with or have any interest in the site plans. o This Technical Review Committee is required to re- ~iew site plans for all buildings other than single- family and duplex residences and make recommendations in the form of pro~isos. When their recommendations have Been incorporated into the plans, it is his opinion that these plans should be submitted to the Bmilding Department for a building permit. He can see ~o reason for the undue hardship placed on a developer or a builder by delaying permits anywhere from two to three weeks simply to secure the apt~rowal of a Board which, in his opinion, could not legally change anything pertaining to said plans, at this point. Furthermore, he believes this discourages develop- ments of any type in the City of Boynto~ Beach. Mr. Lawder referred te how other mmuicipatities do th~ugs and stated that they feel the current procedures in existence here are quite unnecessary with regards to time, money, add- ing unnecessarily to the cost of housing, etc. The Associa- tion recommends that the Council give favorable action to the recommendation made by the City Manager. PUBLIC HEARING - 8:00 P. M. ~Bandonment Request Description:~ Location: Applicant-. 10' Unimproved Alley Lying Between Lots 92 &93, Arden Park Rear of 403 No E. 6th A~enue Walter L. Holly, President Holly Accumulator & Electronics Co., Inc. ~or Jackson referre~ to the minutes from the Planning & Zoning Board's review being submitted to the Comncil members and advised that the Board did pass o~ this with a 7-0 vote in ~avor of the absmdo~ment. She the~ asked if a~yone wishe~ to speak in favor of this abandonment and received no response. She asked if anyone wished to speak against this abandonment an~ received no response. -6- MINUTES - REG~L~ CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA FEBRUARY ~, 1978 Mr. Roberts stated that in view of the fact that nobody wants to speak either way and it has been approved by the Planning & Zoning Board, he moves to grant the request as d~escribed. Mr. Moore informed the Council that he prepared a resolution to carry this into effect and he read proposed Resolution Fo. 78-F. Mr. Harmening moved the adoptiom of Resolution 78-F, seconded by Mr. Roberts. No discussion. Mrs. Padgett took a roll call vote om the motion as follows: ~ou~cilman DeMarco - Aye Vice Mayor Harmening - Aye ~or Jackson - Aye Councilman Roberts Aye Councilman Caldwell - Aye Motion carried 5-0. At this time, Mayor Jackson referred to there being a mistake in the mewspaper with the announcement that there would be a public hearing tonight regarding the antenna heights and an- nounced that this was being reviewed further by the Pla~zning & Zoning Board and they would be holding the public hearings. Plan Review (Continued) ¥~. L. Allen Haynes, Vice President of Hawkins & Mouw, Inc., General Contractors, appeared before the Goumcil and advised that he is the President of the Associated General Contractors of America, Florida East Coast Chapter, representing the lar- ger contractors dealing in industrial and multi-family work and the sub-contractors associated im that work. He requests their indulgence in revising a system which camses delays. He referred to the financial aspects being considered and stated the review by the Board could not alter the outcome as long as the requirements are met. He requests the Oouncil to consider pmtting the authority back into the Building De- partment and asking the Building Department to enforce the City Codes and Ordinances. Mm. Simon Ryder, Chairman of the Planning & Zoning Board, appeared before the Council and referred to the minutes of the january 24th meeting of the Board being submitted to the Council members when the Board members discussed the elimination of this review and clarified that there was a general feeling that the Board members are not in favor of such action and deplore the fact that they were not previ- ously consulted. It is also evident that the members of the Board are not concerned about the procedures of other cities, but such a practice is vital to keep the members in touch with the City's growth and development. The citizens inter- est is importan~ and the delay factor to the developer is not a valid consideration. Is the Council going to ignore MINUTES - REGUL~q CITY COUNCIL MEETING BOt~ON BEAOE, FLORIDA FEBRUARY 7, 1978 the concern of ths Board members? They can go forth and forget the Building Code and do away with the Zoning Regu- lations as it will not help the builder or developer By having the Building Official being the sole arbitrator and it will deprive the builder of having the City's requ±rements and stipulations brought out in the open. He requests a vote of confidence to the Board. Mayor Jaekson asked how long this method had bee~ used and ~. Kohl replied for a couple years. Mayor Jackson referred to being a member of the Pla~nlng & Zoning Board in 1974 and tol~ about the amount of work they had before them the~. She suggests possibly havimg the Plamning ~ Zoning Board appoint one of their members and the Comm~ity Appee~ance Board ap- point one of their members to sit on the Techmical Review Board review ~nd give impnt. M~. DeN~reo requested a show of hands from the builders in- terested in this charge and then Mayor Jackson aske~ how many members of the Planning & Zoning Board were present. Mr. Harmening stated he was interested in what's best for the City and not what the Planning & Zoning Board or the builders are interested in. Mr. Ryder told about Checking the records an~ informed the Council that after they had approved the plans, according to the Building Department log, it was months before permits were issued m_nd there was no case less than a month. He explained how preliminary drawings were submitted for the Boards' and Council's review and working drawings still had to be prepared, so the matter of delays still needs to be proven. Mr. Harmeming stated that he realizes the fact that time is money and at times ~here seems to be a lengthy and undue process set up in the City and it is always interesting to know what they do in other towms, hut we don't necessarily care what they do. He would like to suggest a possible compromise, At the present time, one week could be elimin- ated from this and perhaps more. He suggests that the policy be changed a little bit and allow the Plamning ~ Zoning Board more latitude. The Plamuimg ~ Zoning Board can refer site plans back to the Bailding Department without them coming to the City Council or at their election, the Board can continue to refer to the City Council at their discretion. This would eliminate one layer of the bureaucracy and save some time. Mr. DeMarco referred to the possibility of the Planning & Zoning Board turning down a plan and Mr. Harmening replied that he assumed there would be good cause and in that event would be referred to the City Council and he would be most interested in reviewing one which was turned down. F~. Roberts referred to problems in past years with the bur- den being on the Building Department and questioned what -8- MINUTES - REG~I~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1 978 plans this would apply to? He added that most subdivisions and large developments should come before the Coumcil. Mr. Kohl informed him that this was in reference to commercial ~ilding. Mr. Roberts stated that if it could be limited to commercial building or small development, he did not see amy harm in giving it a try as long as it does not get out of hand like im the past. ~. Caldwel! referred to having had a problem with the Build- ing Department in the past, but explained how Mr. Howell had changed this and commended him~ However, to allow all pleas to go strictly to the Technical Review Board would put the City again in the potential situatiG~ where we found omrselves several years back. Ne suggests that the ~o~cil direct the Technical Re~iew Board an~ Plamning & Zoning Board tG discuss and possibly streamline the procedure where the Techmical Review Board would have control and other areas where the Planning &Zoaing Board would have final approval. Ee ex- plained how some miner things like a building additio~ or dumpster slab was actually a waste of time for the Planning & Zoning Board and could be handle~ by the Teckuical Review Board° However, he still th~ks there are some areas where ~he Plan~ing & Zoning Board as appointed people and citizens can make decisions of what is best. He thinks these tw~ ~odies should meet and work it out and make a recommendation to the City Ceuncit. Mr. DeMarco agreed possibly some smaller mmits could be eliminated and it woul~ not be taking away all the authority of the Planning & Zonimg Beard. Mr. Caldwell agreed and addsd that it would also no~t be trans- f*rring all of the Pin, using & Zoning Board's current authority ~o the Technical Review Board. He thi~k2 a compromise can ~e reached between thes~ two. M~o Harmening clarified his thoughts~further and stated he was a little reluctant to see what was recommended come about because of the apparent deluge of building we will be face~ with. U~der these overloaded conditions, even though Mr. Eowell has done an excellent job, there is always room for error and mistakes in the Building Department. He would ~e very reluctant to see these errors occur if we ca~ prevent them. He thinks we have teem successful to date in prevent- ing mistakes~an~ he intends to keep it ~hat way. He thinks what Mr. Caldwell recommended is the procedure be changed if possible with ~he Planning & Zoning Board getting together with the City Manager and Technical Review Board and possi- bly the City Attorney and attempt to draw up a compromise agreement to handle the flow of plans through these Boards in a slightly different mamner than previously in order to speed up certain types of requests for ~ermits. ~. DeMarco seconded this as a motion. Mr. Roberts requested clarifica- tion ~f the motion and Mr. Harmening clarified that there was no motion specifically, but directiem for the City Manager MINUTES - REGULAR CITY COUNCIL MEE. TING BOY,TON BEACH, FLORIDA FEBRUARY 7, 1978 to meet together with the Planning · Zoning Board and Tech- nical Review Board and attempt to streamline the process i~ certaim ways they caa work out keeping in mind the thoughts expressed by certain members of this Council in order to grant some relief, hut net total relief. Under discussion, M~. RoBerts stated that in talking about the mistakes made, he still feels there would be no harm done if it is just confined to commercial building. ~hen getting into condo- minimms, multi-buildings, etc~, these woul~ still come be- fore the Council a~d this eha~_Ee only applie~ to commercial. Mr. ~armeming clarified that the ~oumcil womld have the oppor- tunity ~o~evie~ the rec~mmendatiom and eomld approve or re- ject it. N~. Moore referred to the recommendation made ~y ~. Kohl aud stated that he concurs 100% and the Bmilding E~partment concurs. He thinks the degree of power~s dele- gate~ to the Plamndmg & Zoning Board is a questionable layers of ~ureamcrac~, as they mmst wait to k~ow if changes mmst be made. Motion carried 4-1 with Mayer Jacks~dis- senting. PUBLIC AUDTMNCE ~yor Jackson ascertained that nobody desired to address the ouncil. LEGAL Ordinances - 2nd Readin~ - P~b!ic Hearin~ Proposed Ordinance No. 78-1 - Re: Amending Appropriations Ordinance NO. 76-35 Adopting Budget for Fiscal Year Ending Be~t. 30~ 1977, b~ Providin$ for Adjustment of General Fund ~. Moore read proposed Ordin~uce No. 78-1 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 against this ordinance and received no response. ~. DeMarco moved the adoption of Ordinance No. 78-~ on second and final reading, seconded by M~. Harmening. No discussion. Mrs. Padgett took a roll call vote on the mo- tion as follo~s: Vice Mayor Harmening - Aye M~yor Jackson - Aye Co~ucilman Roberts Aye Councilman Caldwell Aye Councilman DeMarco Aye Motion carried 5-0. -10- MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 7, 1 978 BOY~TON BEACH, FLORIDA Proposed Ordinance Ne. 78-2 - Re: Establishing Regulations of Parkin~ & Storage of Recreatiomal Vehicles Mro Moore read proposed Ordinance No. 78-2 by caption on second reading. Mayor Jack, on asked if a~yone in the audience wished to speak mn laver of this ordinance and received no response. She asked if anyone wished to speak against this ordinance and a gentleman requested the ordinance to be read in detail. Mr. Mo~re then read proposed Ordinance No. 78-2 i~ its en- tirety. Mayor Jackson asked if anyone wished te speak either for or against this ordinance and received no re- sponse. N~. Roberts moved the adoption of Ordimance No. 78-2 on second and final reading, seconded by N~. Harmening. No discussion. N~s. Padgett took a roll call vote on the mo- tion as follows: Councilman Roberts - ~ye Councilman Catdwe!! - Aye Comncilman De~rco - Aye Vice Mayor Earmening - Aye Mayor Jackson - Aye Motion carried 5-0. Ordinances - ~st Readin~ Proposed Ordinance No. 78-3 - Re: Rezoning Lots 1, 2 & 3, Block 4, Gulfstream Estates Plat No. 2, and Portion of Abut- ~ing Right of Wa~ from Zone R-lA to C-I ~$o Moore read proposed Ordinance No. 78-3 by caption on first reading. Mr. HarmeDing moved the adoptiom of Ordinance No. 78-3 on first reading, seconded by M~. DeM~rco. Under discussion, ~yor Jackson commented that she felt this would be start- ing something on Seacrest Boulevard and she is~not in favor of it. ~s. Padgett took a roll call wets on the motion as follows: Councilman Caldwell - No Councilman DeMarco ~ Aye ~ice Mayor Harmening - Aye Mayor Jackson - No Councilman Roberts - No Motion defeated 3-2. Proposed Ordinance No. 78-4 - Re: Rescinding Ordinance No. 74-4, Section 5-2.~: Construction Site Maintenance; Clean-Up Bond MINUTES - P~GULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1978 Mr. Moore read proposed Ordinance No. 78-4. Mr. Roberts moved the adoption o£ Ordinance NO. 78-4 on first reading, seconde~ by Mr. DeMarco~ No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman DeMarco Aye ~ice Mayor Harmening Aye Mayor Jackson Aye Councilman Roberts Aye Co~ncilma~ Caldwell - Aye Motion carried 5-0. Proposed Ordinance No. 78-5 - Re: Establishing Procedures and Regulations for Use of Non-conformin~ Lots Mr. Moore read proposed Ordinance No. 78-5 and clarified that he had taken the existing ordin~uce and added this section. He added that the basic effect is it protects people owning non-conformimg lots under the current existing ordinance, but a~y sale of a non-conforming lot subsequent to the date of this ordinance means that the person would have to acquire additional land or obtain a variance. ~. DeMarco asked if this meant that an owner of a 50 ft. lot could build on it, but could not transfer title and Mr. Moore replied that a new owner could not build. Mr. DeMarco statedtthat it was his thinking that the owner of one 50 ft. lot co-~l~ build whether the ownership was transferred or not and N~. Roberts replied that relief could be applied for from the Board of Adjustment. Mr. Moore clarified that the person who owns it mow could use it; but if sold, the subsequent grantee woul~ h~ve to apply to the Board of Adjustment. He thinks th® law is clear that a person cannot be stopped from using a 50 ft~ lot, but a varmance would have to be obtained to use it~ Mr. Roberts referred to drawing the line some- where an~ stated that this is the way as anybody with a lot a~ the present time cannot be stopped; however, if somebody buys it, he must take the chance of obtaining relief from the Boe~of Adjustment. ~. Moore added that it would also be p~ssible to buy additional footage. N~. Cald~ell moved to approve Ordinance No. 7~-5 on .first reading, seconded by ~. Roberts. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts Aye Oouncilman Caldwell Aye Councilman DeMarco - Aye Motion carried 5-0. -12- MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 7, 1978 BO~NTON BEACH, FLORIDA Resolutions Proposed Resolution No. 78-G - Re: Demolition of Structure and Clearing of Land in Conjunction with C~mmumity Dewelo? ment Pre~ect Mro Moore announced that this resolutio~ pertained to the demolition of the structure and clearing the Tomberg pre- perty located at 423-25 No E. 11th Avenue~ Mr. DeMarco mo~ed to adopt Resolution No. 78-G, seconded by Mr. Roberts. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts - Aye Comncilman Caldwell - Aye Co~ncilma~ DeMarco Aye Vice Nmyor Harmening Aye M~¥or Jackson - Aye Notion carried 5-0. Proposed Resolution No. 78-H - Re: Demolition of Structure and Utearin~ of Land Located on North Seacrest Boulevard Mr. Moore announced that this resolution pertained to the demolition of the structure and clearing the Freeman pro- perty located on North Seacrest Boulevard, Lots 23-24, Block 2, Palm Beach Country Club Estates. Mm. Roberts moved the adoption of Resolution No. 78-5, seconded by Nv. Harmening. No discussion. F~s. Padgett took a roll call vote on the motion as follows: Councilman Caldwell Aye Councilman DeMarco - Aye Vice Mayor Harmening - Aye M~vor Jackson - Aye Councilman Roberts Aye Motion carried 5-0. Proposed Resolution No. 78-I - Re: Amending Pay ~¥1an for Municipal Employees Mr. Moore announced that this resolution was in accordance with the pay plan as recomk~ended by the City Manager. M~o DeMarco moved to adopt Resolution No. 78-I, seconded by M~. Caldwell. Under discussion, Mr. Caldwell requested some clarification and asked if the passing of this resolution would i~mediately give credence automaticall~ raising the positions of the people listed in the memo dated JaNuary 317 m13- MINUTES - REGUI~R CIT~ COUNCIL M~ETING BOTNTON BEACH, FLORIDA FEBRUARY 7, 1978 Mr. Kohl replied that as mentioned in his letter, he met with Chief ~uddleston regarding titles and classifications within the department and at this time, we have fifteen em- ployees in the Police Department who are in officer level positions from Corporal to Lieutenant° Inasmuch as these employees have previously taken examinations for their posi- tions, he would like to waive the testing requirements for this group. Ever~ one listed is from Corporal to Lieutenant now. He is asking to do away with the Corporal position. None of the employees affected will receive a pay increase other than normal anniversary increases. The new Sergeant star%lng rate ha8 been modifie~ to match the pay., The Cap- tain and Lieuter~ut will all remain the same. Mr. Caldwell stated that he ~nderstands there are specific requirements for these po~itions other than testing and he fe~ls all these me~ should he promoted provided they meet the already establishes requirements. He feels we can waive tsstinE; however, all other requirements should be met so we are not delu~ug these positions for the sake of expedi- ency. ~. Kohl replied that this was not the intent an~ he would ~heck the records of every man liste~ regarding degrees, courses taken, q~alifications, year~ of service, et!c. N~. Roberts move~ to put this on the table until getting a ~eport. Mr. Caldwell clarified that the resolution a8 it stands is fine, but he is concerned with the implementation of it ~nd the automatic-prOmotion of everyone on the list. He th~uks it is a good resolution provided the men listed meet all the requirements. He then seconded the motion. ~. Moore suggested passing ths resolution with the effec- tive date two weeks from tonight and if all on the list do not qualify, then it could be rescinded and ~. Caldwell replied that he would like to know the men qualify first. Motion defeated 3-2 with Mayor Jackson, Vice Mayor Harmening, a~id ~ouncilman DeMarco dissenting. ~. Caldwell moved to amend Resolution No. 78-I to include the stipulation that all the tentative promotions from Corporal to Sergeant, Sergeant to Lieutenant, Lieutenant to Cap~ain be made subject to all the personnel meeting the current requirements for each of these positions from Cap- tains on down to Sergeants. Mr. Roberts seconded. ~nder discussion, M~. Moore reierred to Captain Hamilton being present and asked if he had ~uowledge of these men and Captain Hamilton replied that he believes most meet the criteria, but there m~y be exceptions. Mr. Kohl stated that he would rather check every qualification a~d make it righ%. _Mr. Caldwell clarified that his amendment would take care of it and M~yor Jackson requested a roll call vote on the amendment which will stipulate that everyone must meet the qualifications as they are now. MINUTES - REGULAR CITY COUNCIL M~ETING FEBRUARY 7, 1978 BOYNTOM BEACH, FLORIDA Mrs. Padgett took a roll call vote on the amendment as follows: Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jacksom Aye Coumcilmam Roberts Aye Councilma~ Caldwell - Aye Amendment carried 5~0~ Mrs. Padgett then took a roll call vote on the motion adopting Resolution 78-I as follows: Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Oo~ucilmau Caldwell - Aye Councilmam DeMarco - Aye Motion carried 5-0. Proposed Resolution No. 78-J - Re: Request for the Establish- ment of Special Rate Air Line Fares ~. Moore announced that this resolution was in support of Village Royale on the Green's resolution regarding the spec- ial rate air fa~es bei~ extended to Palm Beach International Airport. ME. Roberts moved the adoption of Re~olution No. 78-J, seconded by Mr. Caldwell. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts Aye Councilman Caldwell - Aye Councilman DeMarco Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Motion carried 5-0. Other Consider Executiou of Deed & Resolution - City of Boynton Beach/Department of Transportation a. Seacrest Boulevard - South of South 15th Avenue b. Seacrest Boulevard - North of South l~th Avenue Mr. Moore referred to the Engineering Department recommend- ing this and read Resolution No. 78-K covering this. N~. Roberts asked if it was all in order and M~. Moore re- plied affirmatively. -15- MINUTES - REG~FLAR CITY COUNCIL .MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1978 Mr~ Harmening referred to the deed and asked if we were going to have to re-apply for easements for the existing utilities' a~d Mr~ Meore replied that this was a standard fo~m, but we could possibly request a proviso to be included that if any relocation of our utilities i~ involved, they will pay us; But hs believes they have rejected that in the past. ~. Harmening clarified that technically we have no easements or rights-of-way for cur existing ntilities if we acknowledge this~ M~r. Moore clarified that this would be a dedicated easement through o~ir City that we own at the present time. Ne can include whatever stipulations we want, such as the right to install utilities. Mr. Kohl stated that if we do that, they ~ill ask if we want the read ~ilt. Mr. ~rmening stated that we wo~ld be proceeding on their good faith and Mr. Moore disagreed and stated if it has to be moved, it will be at omr expense. Mr. Narmening clarified that we have quite a sizable mtility investment in that street and if they decide there isn't room for the utilities, it could hec~me an expensive problem to move them. Mr. DeMarco re- ferred to repairs and ~ir. Harmening replied that unless we have an easement to install, operate, and maintain, we tech- nically cannot make the repairs. Mr. Moore suggested stat- lng that we ~eserve the right to maintain easements for main- tenance, instat]~ation and re-installation of a~y public utilities and s~g~ested that ~. Kohl call them to ~ind out abomt this. Mr. Harmening added that it could pose a~ ex- tremely expensive DroBlem if we have to move all the utili- ties in the Seacrest ~oulevard right-of-way. M~. Roberts moved to table this to see if we can do something about this, seconded by N~. Caldwell. Motion carried 5-0. COnsider Acceptance of Water & Sewer Lines at Pine Point Villas ~. Kohl referred to a letter being submitted from Fr. David ~entola with the easement and advised that it has been checked out by the ~t~ities Department and it is in order. Mr. Harmening asked if the location and legal des- cription had been verified and Mr. Kohl replied that the Engineering and Utilities Departments had approved this. M~. DeN~rco moved to accept the easement and bill of sale~ seconded by M~. Caldwell. No discussion. Motion carried 5-0. OLD BUSINESS Consider Recommendation of Planning & Zoning Hoard Concerning Annexation Request Submitted b~ Irene Hall Bowers M~. Kohl informed the City Council that the Planning & Zoning Board, at their Regular Meeting of January 24, 1978, held a MINUTES - REGULAR CITY COUNCIL MEETING BOSTON BEACH, FLORIDA FEBRUARY 7, 1978 Public Hearing on the above request for a tract of land located on the Nest side of U. S. #1 adjacent .to the South City limit° Following the Public Hearing, the Planning & Zoning Board ~nanimously recommended the following: t. That the City Council pass a Resolut~iom requesting the County Commission to change the u~incorporated testy future land use recommendation from residen- tial to commercial. 2. That the request for annexation be granted; and, 3.That upon annexation, the land be zoned C-3 (Comm- unity Commercial) Mr. Kohl continued that reports from o~r staff members con- cerning this annexation request indicate~that no substantial impacts are expected. The motion to approve was made by Mr. Arena and seconded by M~. Win~er~ ~ne vote was 6-0 with Mr. Lambert excusing hi,self from ~iscussion owing to a possible *SeeM dh. o~ conflict. ~y he have Council's wishes on this matter please. 2/21/7B M~. Roberts moved to accept the recommendation of the Plan- ~ing & Zoning Board concerning the annexation request sub- mitted by Irene Hall Bowers, seconded by ~. Harmening. No discussion. Motion carried ~-0 (Mr. Caldwell had left the room). Consider Recommendation of Planning & Zoning Board Concerning &ntenna Heights Mr. Roberts moved to table the antenna heights problem and turn back to the Planning & Zoning Beard as per their recom- mendation, seconded by M~. Harmeningo No discussion. Motion carried 4-0 (M~. Caldwell still not present). ~EW BUSINESS Discuss P~nsion Boards Ordinances - Re: Ma~king Vice Mayor a ~om-Votin$~Member of Pension Boards (M~¥or Emily M. J~cksom) ~yor Jackson told about stepping into the position of F~yor and becoming Chairman of the Pension Boards and how it very difficult even after reading the min~tes of the previous year. She feels if the Vice M~yor is made a non-voting mem- ber of the Pension Boards, it would simplify matters when he becomes F~yor. M~. DeMarco so moved, seconded by F~. Harmening. Mayor Jackson clarified that it had been moved and seconded that the Vice Mayor be made a non-voting me~oer of the Pension Boards. Under discussion, ~. Roberts clarified that this wo~ld make it mandatory for the ¥ice Mayor to attend and ~Lyor Jackson disagreed and stated that the ~ice Mayor would MINUTES - ~NEGULAR CITY COUNCIL MEETING BOY~TON BEACH, FLORIDA · FEBRUARY 7, 1978 be a non-voting member and will be notified of the meetings and could attend when possible. F~r. Harmening clarified that this would incorporate the Vice Mayor as a member of the Board maF~ing him a non-voting member. Motion carried 5-0. Discuss Publication of Finances - Re: ~Town Report~' (Councilman David Roberts~ M~. Roberts referred to receiving input en this and actually uobody im the City getting a good look at the hu~get, finances, etc., and he thim~s the time has come to publish a Town Report. He told about other cities doing this and it being discussed in 1975. He would like to see this do~e so it is available to the people for a small fee and won't cost the City a~ything. It is a question of informing the tax, ers. He would like to see everything listed like in the budget, explaining com- moditie~ and contractural services, listing everyones' s~lar- ies, etc. He thin~ such a publication should he on file if a~yone wants to bm~ one. The salaries could be listed accord- ing to positions. It would Eive the public a little morein- formation and he feels it is about time we did it, M~yor Jackson agreed with this suggestio~ and requested N~. Roberts to work with the City Manager. M~. Roberts moved to have a publication of finances in a Town Report, seconded ~y Mr. Harmening. No discussion. Motion carried 5-0. Consider Appointment of Alternate to the 0rga~ization of Technical Advisory Committee of the Local ~overnment Compre- hensive Plannin~ Act (F~or Emily M. Jackson) Mayor Jackson referred to receiving a letter from the Local Government Comprehensive Planning Act - Technical ldvisory ~ommittee requesting an alternate member to be appointed. She referred to F~. Carmen An~unziato being a member and questioned why his~name was not listed. Mr. Kohl replied that he would send in his name along with the appointed alternators name. He requested that the alternate member be from the Building Department or Engineering Department and ~. Harmening replied that an engineer would be more appropriate. Mr. Kohl recommended Mr. Bill Flushing, since M~. Tom Clark is on some other Boards. ~!r. Caldwell moved toappoint M~. Bill Flushing as nato to the LC-CPA - TAC, seconded by M~. DeMarco. sion. Motion carried 5-0. the alter- No discus- Consider Appointment of Liaison Officer - Re: South Central Re~ional ~astewater Treatment & Disposal Board Mayor Jackson referred to ~. Paul Startzman bsing this Liaison O~ficer previously and helping us recently and suggested that he be appointed the Liaison Officer for the South Central Re- gional Wastewater Treatment & Disposal Board. MINUTES - R~GUI~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7~ 1978 F~. Harmening moved to appoint ~. Paul Startzman as Liaiso~ Officer for the City of Boynton Beach with the South Central Regional Wastewater Treatment & Disposal Board, seconded by Mr. Caldwell. ~nder discussion, Mr. Kohl referred to Mr. Startzman having to travel a~d requested approval to pay his expenses as we have in the pe~t. Mr. HarmeninE included in hie motion to pay each and every expense incurred, seconded by N~. Caidwell. Under discussion, Mr. DeMarco referred to N~. Startzman being subpoenaed recentl~ &nd testifying in our behalf and questioned reimbursement for that ~nd Mr. Kohl replied that he would submit for the Co~acil's approval the oat-of-pocket expenses and travel. Mr. Moore referred to reimbursement for expenses in the ~ast. Mr. Caldwell q~estioned how long pasta~ud Mr. Moore clarified that jus~ during the past few months. Motion carried 5-0. N~yor Jackson requested M~s. Padgett to arrange for a mailbox for Mr. Startzman. Cemetery - Discuss Section 6-8: Smperlisor or Sexton & Assistamts, Compensation; and Section 6-16: Cemetery Fund; Use~ Investment (Mayor Emily M. Jackson) M~yor Jackson read Section 6-8 and stated that the money for the Sexton has never come out of the Cemetery Fund, but has always come from the General Fund as shown on the records *See ~n. of submitted. In 1966, the City Manager suggested to the Court- 2/21/7: cil that the Public Works section have two new divisions established and the cem~h$~y wor~~ ~ was put under parks and Playgrounds and CemeterieS. The question arose last year because this is in the book and she would like to see this changed so there is no confusion. Mr. DeMarco clarified that she wanted to cha~gethe Charter and Mayor Jackson agreed, b$~ Home Rule. ~. Moore informed them that it was an ordinance. ~%yor Jackson suggested changing it so the care of the cemeteries is under the Parks Department. Y~. Moore questioned who would pay for it and Mayor Jackson replied the General Fund. Mayor Jackson clari- fied that it has been done this way since 1960. *SeeM in. o~ 2/21/7~ Mr. Moore referred to the cemetery being self-sufficient and paying for maintenance out of the Cemetery Fund and Mr. Roberts agreed and stated that some people did not want *SeeM in. ~ to spend money from the General Fund on this and he thinks 2/21/78 anything done should be taken from the Cemetery ~und. Mayor Jackson asked if there was enough money in the Cemetery Fund to pay ~he ceme~ter~_work~ ~ud Mr. Kohl replied that there was $300,000 in the Fun~ now an~ a study was made several months ago. -19- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTO~? BEACH, FLORIDA FEBRUARY 7, 1978 Mr. Harmening referred to the upkeep, it is beyond the power of this Council to .determine with inflation what the mainte- nance cost will be ~mless we keep up with the price of the male of the lots. Possibly in 15 yes~s, the maintenance figure will eqmal what i~ in the Trust Fund. He thimks it would be in order to make it less self-sustaining to set up a schedule to imcrea~ the pri~es on the lots to attempt to bring in enough mone~~ to maintain a high degree of self- sufficiemcy. Mr. Moore referred to there being a request for an actu~. ~o prepare a stud~ and Mm. DeMarco agreed,. *See Min. hut advised t~hat ~t was too mmc~ mone~o Mm. Marmening czar~- o~o~o fled that we must anticipate what we are going to need and ~'~ anticipate inflation and raise the price of the lots accord- imglyo Mm. Caldwel~ referred to the t'rustees doing this and Mayor Jacksom replied that,the prices were ~ust maised re- cently. Mms. Padgett then spoke on behalf of the Board and explained how the families were defraying the cost now and when the cemetery is full, ~ it will take ca_we of the cost. She fur- ther explained hbw part of the money was going into the Gen- eral F~md to defray some of the costs. She clarified that when the cemetery is full, the fund will take care of it. Mayor Jackson clarified that the first part of her question was whether to take out the Sexton under Section 6-8 with the Board of Governors ma~king the appointment and fixing the salary, since it is done by the budget and Council. Mm. Earmening moved to repeal Section 6-8, seconded by M~. DeMarco. Motion carried 5-0. ~yor Jack, on then referred to Mms. Padgett explaining abomt the funds under Sectiom 6-16 and suggested including improve- ments because she thin_ks there are improvements that should be done from time to time. Mr. DeMarco stated that he still contends the cemetery is no different th~ the ballfield, beach, etc. and should be maintained. Mayor Jackson referred to receiving funds for this and suggested adding improvement~ in the uses. M~. DeMarco moved to add "improvement~ in Sec- tion 6-16, seconded by M~. Harmening. Mayor JaCkson clari- fied that the first sentence of Section 6-t6 would read: "All funds ~erived from the sale of cemetery lots shall be set aside in a separate fund to be designated as the ceme- tery fund, and used for the perpetual care, upkeep, improve- ment, and maintensuuce of said cemetery." Under discUssion, Mm. Harme~ing asked if this met with the approval of the Cemetery Board and Mayor Jackson replied that she thought it would. Motion carried 5-0. ADMINISTRATI~. -20- MINUTES - REGULAR CITY COUNCIL MM~MTING FEBRUARY 7, 1978 BOYNTON BEACH, FLORIDA Consider Change Order No. 4~- Water Treatment Plant Expansion M~. Kohl read the fellowing portion from Russell ~ Axen's letter dated Janm~ry 31, 1978, referring to Change Order No. '4, Water Treatment Plant Expansion, Phase IA and II - Inter- county Contract, Ci. ty of Boynton Beach, Project No. 626-681- 08-3 (6858-15-I~I) ~ "Enclosed are six copies of Change Order No. 4 for sub- ject project ia the amomnt of $~2,979 which we are forwarding for ~emr approval. This change order reflects the required modifications to the origiaal plams for the plant fcr opera- tion wi~h ~ iron removal/coagulation/filtration process while still maintaining the capab&lity of the origin~l pre- ~io~sly approved chemical preparation a~plica~ion as ~e$~ired y Health Department/Department ef Environmen=al Regu±a~ion in their approVal of NO~ember 10, 1977o" Mr. Kohl added that Sheets were submitted listing the prices of all the different'items i~cluded which had to be added for the total of $42,979. N~. Roberts asked if not going along with the lime softening caused the change orders and ~. Kohl replied affirmatively. Mr. Caldwell asked if anyone recalled the amount Russell & Axon quoted as being the top figure for the additional cost for the expansion of this plant and Mr. Harmeni~g replied that he recalled it was on the order of $60,000, Mr. Caldwell clarified that it was within the original projection and M~. DeMarco replied that he thought So. ~ Harmening requested comments from ~. Swan or M~. Hallman and N~o Hallman replied that he did not have the figures with him which were discussed. M~. DeMarco added that we would be saving on water treatment even though spending this additional money. M~. Caldwell re- ferred to the figures being in the ball park and ~. Kohl informed him that ~he figures were $50,000 to $60,000. M~. Caldwell moved to grant Change Order No~ 4, seconded by M~. DeMarco. No discussion. Motion carried 5-0. Ratify Action of South Central Regional Wastewater Treatment and Disposal Bos~d Mayor Jackson referred to voting on four motions at ths Re- gional Board meeting which must be ratified and requested M~. Kohl to read them. Mro Kohl read the first motion was to approve returning $~0~000 of ~expended 1974 to 1977 fiscal year administra- tive f~uds in the form of a credit in equal distribution amounts to the Cities~of Boynton Beach and Delray Beach as provided in the Chief Executive Officer's~ letter of October 17, 1977, to the two City Managers. Mr. Roberts moved to -21- MINUTES - REGULAR C!T~ COUNCIL MEETING BOt~NTON BEACH, FLORIDA FEBRUARY 7, 1978 ratify the action taken by the Board in returning $10,000 of the unexpended funds, seconded by M~. DeMarco. No discussion. Motion carried 5-0. Mr. Kohl read the second motion that an easement be granted to Florida Power ~ ~ight Co. subject to approval as to form by the Board Attormey. ~. De~rco moved to ratify the ac- tiom taken at the Regional Board meeting granting an easement to Florida Power & Ligh~ Co. subject to approval as to form by the Board Attorney, seconded by M~. Harmening. No discus- sio~. Motion carried 5-0. Mr. Kohl read the third motion to authorize the Chief Execu- tive Officer to sign the application for the NPDF~ permit for E.P.A. Mr. De~rco moved to r~ati£y the action taken by the Regiomat Board to authorize the Chief Executive Officer to sign the application for the NPDES permit for E..P.A., seconded by ~. Caldwell. No discussion. Motio~ carried ~. Kohl read the fourth motiom to approve the job descrip- tion for the Chief Plant Operator and the pay saale as recom- mended by Mr. Canon, so the position can be created and the City of Delray Beach ca~ go forward with the filling of this position. Attached is M~. Canoe's Jamuar~ 31, 1978, letter with attachments of job description for the Wastewater Treat- ment Pla~ut Supervisor/Chief Operator wit~ pay scale: $13,5~6 to $1 9,032 per annum-~.nd copy of Page 27 of Section 3.2, ChaI~- ter C of the ~,Q.M.P. ~n regards to the Page 27, it was voted by the Board to include the segment from the N.Q.M.P. on the implementation of the Water Quality ~nagement Plan, Page 27~ Chapter C, Section 3.2 as part of the overall guideline for hiring by Delray Beach to fill the positions. Mr. DeMarco moved to ratify this fourth item, the action taken at the Eegional Sewer Board meeting, seconded by M~. Caldwell. No discmssion. Motion carried 5-0. Consider Updatin~ City's Census Count M~. Kohl referred to the Council asking him last year to find out something abeut the City's census a~ud stated he is sure they are aware that there has been a great deal of discrepancy regarding the City's census count. The latest figure used hy ~evemue Sharing was 32,473~ and the Univer- sity of Florida, Bureau of Economic and Business Research estimated our census count to be 33,036. On occasion~ he has seen our comnt indicate figures ranging from 32,000 to 37,000. As they are aware, th~ amount of Revenue Sharing Funds issued to the City is based upon our census count. An accurate cou~t, if fo~und to be greater than the figure mow being used would most certainly mean a larger receipt of funding for the City. To have a census taken by the Federal Government would cost in the range of $15,000 to $17,000o He would very much appreciate their desires re- garding this matter. -22- MINUTES - REGULAR CITY COLrNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1978 ~. Roberts asked who would make the determination and Kohl explained that the Federal Government hires the people and sets the rules and regulations. Mayor Jackson referrer to it net Being as expensive with other cities joinimg in and Mr. Kohl informed her ~that he wrote ~o approximately ten cities andnene are doing it. Mr. Caldwell asked if the in- Council's request. Mr. Harmening moved to strike this from the agenda, seconded by Mr. Caldwell. Ne discussiom. Motion carried 5-0. Consider Recommendation from Library Board Mr. Kohl referred to submitting correspondence from Mildred White, Chairwoman of our Library Board~ indicating the Board's position in wishing to avoid any consolidation of our Library with the County system, if the Council agrees with the position our Library Board is taking, he suggests a resolution be prepared ~nnd directed to our Palm Beach County Commissioners e~pressing ~ City's wishes to retain an autono- mous municipally owned Library and to strive for a truly coop- erative system, a goal towards which most of our surrounding cities have been working. May he have Conncil's wishes please. Mr. ~aldwell moved to draft the necessary resolution to comply with the Library Board's recommendation stating our position to retain an autonomous mur~icipally owned Library and to strive for a truly cooperative system,.seconded by Mr. Harmening. No discussiom. Motion carried 5-0. Oonsider A~proval for Purchase of Reference Volumms for Library M~. Kohl ~uformed the Co~ncil that Mrs° Virginia Farace, our Library Director, has requested the purchase of a 40 ~olume set of FACTS ON FII~ covering the years 1941 through 1980 at a cost of gl,875.00o Our Purchasing Department concurs with ~s. Farace that there is no other supplier for this news reference source other than ordering directly from Facts on File. We are therefore requesting the waiver of bidding and approval to make the above purchase. Funds are available in the Library budgeted account No. 001-601-560-04o61o May he have Co~ancil's wishes please. ~fr. Harmening moved go ~grant the request for the purchase of reference books for the Library as requested, seconded by Mr. Roberts. Under discussion, M~yor Jacksom asked if it was legal to do it this way and Mr. Moore replied affirmatively. Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL M~ETiNG BOYNTON BEACH ~ FLORIDA FEBRUARY 7, 1978 Request Approval for Additional Personnel in Building Dept. Nme Kohl stated that as they are aware, our 1977/78 Budget was approved at $210,162 for the Building Department and License Department combined. Permits and license fees col- lected during the first quarter of the 1977/78 fiscal year have reached a total of ~109,660.49o If we continue at this rate, as Mr. Howell thinks we will, and as the economic sit- uation this year indicates, we can most certainly plan to double our revenues for this department. Of course, as the revenues increase, so does the number of inspections an~ applications imposed u~on the ~ersonnel of that department~ We camnot expect to produce an~ ~rocess the ~alit~ ~f work necessary~ nor to de it in a~ expeditious manner without a~ditional personnel. The Building Department has 53 plans that have been currently submitted for permits for various bmildings o Mr. Howell and Mr. Keehr ha~e bee~ helping in ,Plan Check~, but they still have been mUable to keep u~ with ~e volume of work. They are running between ten an~ twelve orki~g days from submittal to permit issuance. Therefore, he is requesting approval to hire one full time el~ectrical inspector, one full time pla~s checker, and to change the statms of Frances Scebl~ (Clerk I) from part-time to full time employment. In the ~e¥~nt that constr~ction falters a~d the work load slows ~own, he would make arrangements to take the burden off the Oity just as he has done in the past. ~. Harmening moved to grant the request for additional per- sonnel in the Building Bepartment, seconde~ by Mr. Caldwello No discussion. Motion carried 5-0. Antirecession Funds Mm. Kohl informed the Council that the City is in receipt of the seventh payment quarter since the beginning of the Anti- recession Fiscal Assistance (ARFA) Program. The payment for the calendar quarter beginning January ~, ~978~ is in the amount of $$3,542.00. He plans to present to the Co~ucil at their regular meeting of February 2~, 1978, au Ordinance for the various appropriations of these f~uds, tf they approve, one allocation will be to our Public Library in the amount of $t0,000.~00. In the meautime, he respectfully requests approval to direct our Library Director, N~s. Virginia Farace, to proceed with ordering the books and materials necessary for the upgrading of our general book collection, etc. he have Council's approval please. Mr. Caldwell referred to this being 25% for the Library and Mr. Kohl replied that it was over $43,000 and there are only certain ways to spend the money. -24- ML~UTES - REGULAR CITY CO~NCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1978 Mr. Harmening moved to grant this request, seconded by Mr. Roberts. Under discussion, M~. Harmening clarified for the audience that the Government has given us $43,000 and we don't have any choice, but to soend it. ~. Kohl added that he has six months to reply to t~e Federal Government after the ordinance is on the books to spend it as requiredo~ It must be spent according to Federal Government guidelines. Motion carried 5-0. Boynton Beach Elementar~ School Mr. Kohl referred to submitting a copy of a letter he proposes to send to M~ Thomas BansBur~, Chairman of the Palm Beach ~eunty School Boar~, which is self-explanatory, but has ~ot been mailed for the following reason. The next school board meeting scheduled for the purpose of reviewing this matter will be held at Galaxy Elementary School on February 8, 1978~ at 7:00 Po M. He has accepted an invitation to s~eak; hew- ever, before he does, he wa~ts to be sure he will be speaking em behalf of our entire City Council. He sincerely hopes this letter reflects the entire Comncil's views and opinions amd respectfully requests their approval to convey the message as written. Mr. Roberts stated that he has received several telephone calls on this matter and some people are mpset about this. M~ Harmening stated his only objection to the City M~nager's position is that it is not strong enough° Mr. DeMarco stated he was in agreement and plans to attend the meeting. ~ woman in the audience requested that Mr. Kohl's letter be read to the audience ~ud Mr. Kohl read the attached letter dated January 26, 1978. Mr~ DeMarco suggested that the School Board Be requested to take isto consideration that there is plenty of room at the South Technical Schoo~ site and he th~ a new b~uilding could be built there. It is a better location and would suit the purpose better than here. Mayor Jackson told about teaching disruptive students and stated she could not envision having them near the recreation center, City build- ings, etc. Mr. Caldwetl stated that he planned to speak at the meeting tomorrow night and told how he was concerned with the School Board's action first with taking away our high school and now wanting to take away another school. Mayor Jackson added that the plans were to have this a year- round program with stmdents living at the school. ~. Roberts made a motion that this letter be sent, seconde~ b~ M~. Caldwell~ Under discussion, Mr. Kohl clarified that h~ would read it at the meeting. Mr. DeMarco suggested recom- mending the South Technical area and Mro Kohl replied that he has and also has another item that he will speak about. Motion carried 5-0° -25- MINUTES - REGUL~R CITY COUNCIL MEETING BOYNTON BEACH ~ FLORIDA FEBRUARY 7, 1978 M~. Linda Essrig , teacher at Boynton Beach Elementary School, *SeeM in. requested to speak and stated that they are acquainted with Of 2/21/ the proposal and have met with the School Board. ~ne School' is going to suggest the South ~echnical site and thinks it 78 would be better to'have the City back~ug them. ~. Caldwell referred to Delray Beach and M~. ~sterick informed him that Delray Beach Elementary School was considered, but it is too far south. She told about not being able to ~t information about the cost, ~ut just being informed that this is a good location. She ad~ed that they have now ch~ged the alloca- tion of stmdents and pla~ to distribute the childrem to four schools. Mayor Jackson referre~ to the cost ef $130,000 an~ Ms. Esterick replied that it was $130,000 plus as transDorta- tion from all over the South Co~aty an~ remodelling costs must be considered. Mayor Jackso~ added that she thought it was interesti~E ~hat they pta~ to take 200children ent of this school a~d will omly have 50 to 60 children there. Ms. Esterick thanked the City for their support. Mayor Jackson nrge~ anyone that could attend the meeting tomorrow night to'please attend if possible. ~. Leon Smiles appeared before the Council and referred to attend- ing many sessions when the high school was discussed and stated that new the interest is to give us another type of school. He requested the ~ouncil to please remind the School Board tomorrow night that we don~t need recognition by this type of school. Consider Transfer of Used Car Lot License: Richard N. Hines dba Carriabe souse to Donald N. Young dba Young Cars, Inc. ~. Kohl read the application for this transfer of license. ~. Caldwell move~ to approve this application for this license transfer, seconded by F~. Roberts. Under,discussion, Mr. Harmening asEed if this business was all mnder roof and M~yor Jackson re~ Approval of Beve~ Mar jorie Fo= Mr. Kohl read the changing from a ] to grant this lie sion. Motion ca~ ~ied negatively. Motion carried 5-0. ~e Licenses ~u & Mary Hunsaker dba Office Restaurant application and clarified that it was ounge to a restaurant. ~. DeMarco moved once, seconded by Mr. Caldwell. No discus- ried 5-0. Carl Lipper% dba Boynton Inlet Bait & Tackl~ Mr. Kohl read the application. ~. Caldwell moved to grant, seconded by ~. Harmening. No discussion. Motion carried 5-0. -26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTOE BEACH, FLORIDA FEBRUARY 7, 1978 Anthony & Silvie Car~anzano dba Alfredo's Mr. Kohl read the application and clarified that it was the old Dolphin Bar. .~or Jackson asked i~ it was the same Alfredo's that used to have The Cellar e~ 23rd Avenue and P~. Caldwell explained that it was the same family. Mr. Harmening moved to gra~t, seconded by M~. DeMarco. No discussion. Motion carried 5-0. Consider Approval of Budget Transfer Request F~. Kohl referred to the Budget Transfer Request submitted and advised that it was to adjust the acconnt for the amnual amount required en fire hydrants. ¥~. Roberts moved to approve this budget transfer request, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. Approval of Bills Mr. Kohl read the following bills for approval: George C. Davis 8,016.00 Architectural services on office building Pay from Public Works Grant Fund 350-835-570-05.71 2. $gard of County Commissioners Use of County Landfill for December Pay from budgeted funds 001-321-530-02.9A 9,017.00 3. Penwalt 2,723.04 kuhy. Ferric Chloride for Sewage Treatment Plar~t Pay from budgeted funds 401-533-550-O3.65 4. McQua~-Perfex~ Inc. 1,762.44 Icemaker Pay from Vouchers Ps_yable State Contract 76-4.3 5. Board of County Commissioners 1,483.20 Pal~S System ~ompmter Rental - 3 months Pay from budgeted funds 001-201-520-02.21 6. Surto~ ~, F~chaels 2,850.00 ProfeSsional services on claim of City of Boynton Beach HB 138 of #78-102 Pay from budgeted funds 00~-161-510-02.61 ~27- MI~JTES - REGULAR CITY COUNCIL ~ETiNG BOYNTOE BEACH, FLORIDA FEBRUARY 7, 1978 7- Glasgow Equipment Service~ Inc. Rebuilt gas p~umps for General Services pay from budgeted funds 320-341-530-04.42 1,100.00 ~aandpiper Co~tr~ction, Inco 14,751.00 il renovation Estimate #2 Pay from Public Works Grant Fund 350-835-570-05-7A Contract dated 12/9/77 9. Florida - Georgia Tractor Co. 4,500,00 Tilt-top Trailor Pay from budgeted funds 320-401-540-O4o83 Bid opened tl/29/77 Willie Rmth McGradyo 144.00 Server for Senior ~tizens Clu~ - 3 weeks Pay from budgeted funds 320-871-570-02.5A Ordinance #73-15, passed 5/15/73 11. Isiah Andrews 165.00 Driver for Senior Citizens Club - 3 weeks Pa~ from budgeted funds 320-871-570-02~5A Ordinance #73-15, passed 5/t5/73 12. Board of Couuty. Commissioners 2,469.74 Labor and materzals to repair traffic devices Pay from ~udgeted funds 320-401-540-03.143 t3. Russell & Axon 626-681-08-6 Inv. #18 6,117.32 Resident inspection and engineering services at Water Treatment Plant Pay from Utility General Fund 401-000-169-01.00 Authorization dated 5/8/74 I4. Russell & Axon 626-681-08-3 inv. #16 3,752.55 Consulting services at Water Facilities Expan- sion at Water Treatment Plant Pay fro~ ~tility General Fund 401-000-169-01.00 Authorization dated 5/8/74 15. Russell & Axen 626-681-24-4 inv. #1 1,860.50 Professional services for Te~t Program - Water Treatment Plant Pay from Utility General Fund 401-000-169-01.00 Authorization dated 11/2/77 M~. Kohl stated that the bills described have been approved and verified by the department heads involveS; checked and ap, proved for payment by the Finance Department; funds are available in their respective b~dgetso He, therefore, recom- menSs payment of these bills. -28- N~NUTES - REGUI~R CITY COUNCzL MEETING BOYNTON BEACH, FLdR!DA FEBRUARY 7, 1978 Mayor Jackson referred to requesting previously to have the bills detailed from Russell & ~xon and asked if it was possi- ble to include these and ~. Koh~ replied affirmatively. Mayor Jackson asked where the icemaker was located amd Mr. Eohl informed her it was at the General Services for the coolers on the trucks. Mr. Harmening questioned how much longer Mr. ~chaels would be and Mr, Moore replied that he has completed what he could do at the Legislative level and he thiEks there will be a recommendation to the Council by the end of the week. Mx. Harmening moved to approve the bills, seconded by Mr. Cald~ell. No discussion~ Motion carried 5-0. OTRF~ Mr. Kohl referred to submitting a letter regarding the Sky Lake Subdivision and stated that he assumed that someone would be here to speak. Mx. Caldwell clarified that the request was to continue the platted street to Boynto~ Road and they just w~uted to make certain that it will be con- sidered in the review of the Sky Lake Subdivision plan. AD~O~RN~NT M~. Roberts moved to adjourn, seconded ~y .WAr. Caldwello Motion carried 5-0 amd the meeting was properly adjourned at 10:10 P. Mo CITY OF BOYNTON BE~CH, FLORIDA ATTEST: Record~lng Secretary (Three Tapes) -29- Councilman CiTY of BOYNTON BEACH january 26, 1978 Board ~B323 West Pt 'ida 33406 Dear Sir: ~ Needless to say that the city of Boynton Beach was quite shocked to read in the local newspapers fhat the Boynton Beach Elementary School mighf be chosen to have its 300 students transferred to Galaxy-, Forest Park and Lantana E l~nentary Schools- According to the papers, "This plan, developed in a committee of ~aich-Mi!!s was a m~mber, says the Boynton Beach school would be suitable partl~v because of its geographic !oca~ion and the fact it has been recommended for p~hase o~t for use as a regular school by a state survey team." i do not believe that a facility scheduled to'be phased out because it is unfit for' regular school classes should be converted to a holding facility for ,,socia!ly ma!adjusted and emotionally hand~capped-" I ~u especially concerned with locating an "alternative" school next to our Recreation Center. A major part of our civic Center's daytime programs are geared to provide activities for the elderly, and I am fearful for the safety of elderly ladies wa!k~n9 Go and from the center if these ~T, anegeable and hostile students are relocated in this area. Another concern is the open playground area located across fr~n the s~noo! ~nere ~m~!! children play. Surely it is not in their best interest %o ex-pose them to possible c6nfrontations with much older chil6ren that have been judged so ~nsocie! and uu~anageab!e that they cennot ~e allowed to remain in schools with their ~wn age group. Mr. Thc~as Sansbury January 26, 1978 Page 2. of ~et~er'to use _~1 this facilTty ~nere and other specialized i!dren, rather thah ~ntbetween two in the rear Center is it ~= in the best then lets phase the school Co~nci! has asked for the past six lity Complex. The city Fall is directly [!-and the Boynton Beach Recreational ~cross the street Sn front of the school. ~rest of our c~uununity to maintain this area as part of our city facilities, and as I stated before, I could never endorse a plan that could jeopardize the safety and we!!~Deing of ou~ residents. Pe~uaps tl~e editorial ~n the Sun Sentinel says it best. "There seems to be s~ething incongruous about this situation. Students -who are apparently causing problems in a n~ber of schools are being catted "disruptive." The solution under consideration would disrupt the assignment of 300 students who do behave, sending them off to three different schools. Strict discipline is a better answer." S ~ncerely, Frank Kohl city Manager FK:sr