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Minutes 08-02-77MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, AUGUST 2, 1977 PRESENT Joseph F. Zack, Mayor Emily M, J~cksom, Vice Mayor Richar~ D. Caldwell, Councilmaa Joseph DeMarco, Coumcilm~n Norman F. ~trmad, Co~cilman FramkEehl, City Manager G~ereesa Padgett, City Clerk me Moore, City Attorney Mayor Zack called the meetin$ to or,er at 7:30 P. M. and re- quested everyone te please rise at the so~ of the gavel for the Invocation given by Mr. FramkKohl, Ci~y Manage~? f~llewed bY the Pledge of Allegiance to the Flag led by Comncilma~ Richard D. Cal~well. ,.Anno~cements ~yor Sack anno~u~e~ that a public hearing would he he~d regard- img the use of Revemue Sharing Fun~s and a Workshop Session-o~ the 1977-78 Budget em Monday, August 8th at 3:00 P. M. Mayor Zack annomnced that Budget Workshop Sessions would be held on Tuesday and Thursday, August 9th an~ 11th, at 3:00 P.M. Mayor Zack annonnced that the Boymtom Beach Little League All- Stars ~efeate~ the North Palm BeachAll-Stars 9-8 on July ~7th to win the District 7 Championship. They mow go to Titusvmlle on Monday, August 1st,to compete in three days ef divisional and sectional play, but the game was rained out last night. If they w~u at Titusville, they go to St. Petersburg to play in ~egional competition involving 13 states. If they win the regmomal, theY pla~ in ~he World Champiomship. Congratulations ~uud best of luck. Mayor Zack referred to the Agenda and a~nounced if there was ~uy item anyone im the audience desired to speak o~ to please give their name to Mrs. Padgett amd the City Clerk will call upon them at the appropriate time. Agenda Additions Mayor Zack annomnced the following agenda additions: VI. LEG~_L ~ Resolutions #4. Proposed Resolution No. 77-00 Ratifying Action at Last Council Meeting VII. OLD BUSiNES~ - E. Housing Authority - Term of Office IX. ADMINiSTRAT~FE - N. Water Lines O. Two Well Locations F~. DeMarco moved to approve these agenda additions, seconded by Mr. Caldwell. No ~iscussion. Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL ME~TING BOYNTON BEACH, FLORIDA AUGUST ~, 1977 MINUTES Regular City Council Meetin$ - Jmly 19, 1977 When called upon by Mayor Back, Mr. DeM~rco and Mr. Etrmad replied they had nothing° Mr. Caldwell referred to Page 14, fourth paragraph, line 9, and stated ~question- should be ~questionable~. He corrected the same line to: ~additio= of B5% can recapture the eapitali- zation in this period of time.~ Mrs. Jackson referred to Page 21, third paragraph, sixth li~e, and corrected it to ~tate: ~Also, they are studying the pest office and it is none of the City's business." She referre~ to the last ~entence i~ this p~_~agraph and corrected it to say: "This is the Cemetery Board's job and it seems the Task Force is spinning their wheel~." Mr. Caldwell moved the approval of the mim~tes as correcte~, seconded by Mr. DeMarco. No discussion. Motion carried 5-0. PUBLIC AUDIF~CE M~yor Zack asked if ~yene wished to address the City Coumcil and received no respomse. BIDS NONE PUBLIC HEARING Ordinances - 2nd Reading - Public Hearing NONE Ordinances - 1st Reading Proposed Ordinance No. 77-23 - Re: Disbursement of Anti- Recessional F~ndm Mr. Moore read proposed Ordinance No. 77-23 on first reading in its entirety. M~s. Jackson moved the adoptio~ of Ordinance No. 77-23 on first reading, seconded by Mr. Ca,dwell. No discussion. Mrs. Padgett took a roll call vote on the motion as fellows: -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1977 Coumcilman Caldwell - Aye Couacilman DeMarce - Aye Vice Mayor Jackson - Aye Comncilman Strnad Aye Mayor Zack - Aye Motion carried 5-0, Proposed Ordinance ge. ?7-24 - Re: Providing for Legal Defense of City Of~icials~an~ Git~ Employees Mr. Moore read proposed Ordinance No. 77-24 in its entirety £irst rea~ing. N_ws. Jackson referred to Sectioa 1 mentioning including the members of the Boynton Beach Housing Authority and stated she thought they were a se~arate entity and the law says they can he sued or $~e. Mr. Moore replied that they are not a sepa- rate body an~ were appointe~ hy the City Coumcil; however, if they sue it is their pro~lem,an~ this covers only if they are Mr. DeMarco moved the adoption o£ Ordinanee No. 7?-24 om first reading, seconded by Mrs. Jackson. U~der discussion, Mr.. ~aldwel! stated he was oppose~ to the City offering any more attachments te the Housing A~thorityo Ee thought this b~dy was a~tenomous except for filling vacancies. He though~ they were ontheir own and questioms whether the City should be held tia~le for their actions. Mrs. Jackson agree~ this was her point. Mr. Caldwell asked if it w~uld be possible for them to j~in with the Commty an~ asked if ~. DeMa~co had considered this possibility and Mr. DeMarco replie~ that they were still a~pointed by the City Co~ncil~ Mrs. Jackson agreed they were appointed by t~e City Council, b~t stated they were actaally en their own. M~. N~ore stated that it could be eliZa%ed from the ordinance and Mr. Caldweli replied that they m~st kaow whe%her they ear get liability covema~e through the COumty. N~?. Moore sSa%ed that for personal l~lity, it mBst Be show~ if they acted beyond their duties an~ explained if they get sued f~r something, the defense is the ite~ of cost. N~s. Jackson requested the Mayor to read the law as she thinks they are am autonomous body by themselves and not amswerable to us$~ Mayor Zack read the applicable section of the law stated he personally felt the Housing Authority was covered under the Coumty Housing Authority, but th~s it should be checked. Mrs. Jacksou move8 to elimiuate this portion and Mr. Caldwell suggested tabling it until they contact the County as te whether they will pick up the liabilit2. Mr. DeMarco ques- tioned whether it should be tabled with the possibility Of MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BF~CH, FLORIDA AUGUST 2, 1977 some City employees being sued who should he protected. Mr. Caldwell seconded Mms. Jackson's motion to eliminate it and stated it could always he a~ed. Under discussion, Mr. Moore asked if the~ wamted it noted to exclude the Housing Authority and after discussion, it was agreed to leave it in this mamner with the exclmsion so as not to leave it in the a~. Mrs. Padgett then took a roll call vote on the m~tien as follows: Councilma~ DeMarco - Aye ~ice Mayor Jackson Aye Gouacilma~ Strna~ - Aye Cemucilman Caldwell- Aye Mayor Eaek - Aye Motion c~ried 5-0. Resolutions P~oposed Resolution No. 77-PP - Re: Authorizing Checking Account with First Ba~k& Trust Known as: City of Boynton Beach Glaims Fund Mr, Moore read propose~ Resolution No. 77-PP. Mr., Caldwell asked what this fmnd was for and Mr. Kohl informed him it was in regards to the computer program with all checks going into one account and separated into different funds, but has nothing to do with suits whatsoe~er. Mr. DeMarco move~ to adop~ Resolution No. 77-PP, seconded by Mrs. Jackson. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayer Jackson - Aye Councilman Strnad - ¢ouncilma~ Cal~well - Aye Councilman DeMotes Aye Mayor Zack - Aye Motion carried 5-0. Proposed Resolution No. 77-QQ- Re: Demolition of Unsafe and Unsound Buildings Mr. Moore read Resolution No. 77-QQ. Mr. Kohl added that the addresses were on the attached page of the resolution. Mr. Caldwell moved the adoption of Resolution No. 7?-QQ, seconded ~y Mr. DeMarco. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Motion carried Councilma~ Strnad Aye Councilman Caldwell - Aye Councilman DeMarce - Aye ~ice Mayor Jackson - Aye Mayor Zack - Aye 5-0. -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1977 P~oposed Resolution No. 77-RR - Re: Bo~rd of County Commis- sioners to Adopt Palm Beach CoUnty Sheriff's Department Budget to Exetude Costs of Road Patrol to Mmnicipalities Mr. Moore read Resolution No. 77-RR. Mrs. Jacksom stated she was in sympathy with this and thinks it is right; however, the next to last whereas says the Sher- iff's Road Patrol is ,exclusively, for the benefit ef the property and residents in the u~incorporated areas and she asked how mamy times have we called on the ~heriff3s Depart- merit a~d requeste~ Deputy Chief Hamiltom to come forward. Deputy Chief Hamilton informed them that the City has mot called om the road patrol, hut e~aine~ how they work to- gether with the de~etive,s bureau~ Mayor Zack referre~ to requesting the Sheriff,s he~opter am~Mr. Hamilton agree~ they have onee or twice. Mr. Caldwell asked if the helicop- ter fell imto the authority of the road patrol and Mr. Hamilton replied: n~. Mr. Caldwell asked if he felt this resolution weul~ impair the cooperation betw~e~ the two departments and ~. Hamilton replied: no, he di~ not see amy chsmce of it. Mr. Cal~well asked if he ha~ discussed this with the Sheriff and the effec~ ~m their budget and cooperation and Mr. Hamiltom replied that it womld affect their budget as the Sheriff plans~to put on quite a few road patrolmen, ~ut it will not affect our relationship im a~y way. Mr. Caldwell referre~ to the Sheriff,s Department having jurisdiction over the entire Coumty amd Mr. Hamiltom agreed, hmt explained how the2 cooperated together ~nd the amaller departments do investigate their felomiem. He is s~re the cooperation will still be good aud will not affect it in any way. Mr. DeMarco asked if the League of Municipalities ~r a~y ether cit~ had passed a similar resolutio~ an~ Mrs. Jackson told about the League of Municipalities being in favor of this and not wanting dual taxation. However, she just ques- tions the word "exclusively-. Mr. DeMarc~ stated he would hate to impair the cooperation and Mayor Eaek replied that he thinks the Municipal League has expressed themselves many times as they feel it is double taxation. Mr. Hamilton added that the City does have adequate road patrol. Mrs. Jackson moved to adopt Resolution No. 77-RR, seconded hy Mr. DeMarco. Under discussion, Mr. Caldwell referred to feeling u~comfortahle about thim and stated he did not want to impair the cooperation. Mrs. Jackson explained that it was a known fact that the Sheriff is to take care of the un- iscorporated areas and she just questioned the wor~ "exclu- sively-. Mrs~ Padgett them took a roll call vote on the motion as follows: -5- *and have smaller deparhnen~ to do the investigatic~ See Min. of 8/16/77 MINUTES - REflBT.~R CITY COUNCIL MEETING BOYNTON ~EACH, FLORIDA AUGUST 2, 1 977 Councilman Caldwell - Councilman DeMarco - Aye Vice Mayor Jackson - Aye Councilman S~rnad - Aye Mayor Zack - Aye Motion ~arried 5-0. Proposed Resolution No. 77-00 - Re: Ratifying Action at Last Council Meetin~ ~L~yor Zack amnounced there was ne need to read this reselmtion as it deals with the County Gomm~ssiom and School Board to operate at the same millage as last year. Mr. DeM~rco moved to adopt Resolution Ne. 77-00, seconded by ~. Coldwell. No discussion. Mrs. Pa4gett took a roll call Tote on themotion as fellows: Councilmam DeMarco - Aye Vice Mayor Jackson - Aye Councilman Strnad - Aye Councilman Caldwell- Aye Mayor Zack - Aye Motion carried 5-0. Other Earl Pratt Law Suit - Re: ~ater Plant (Tabled) Mayor Zack referred to receiving a notice requesting briefs to be filed an~ Mr. Moore informed him that all ~riefs have been filed. Mayor Zack referred to getting close to the six weeks and Mrs. Jack~on stated she personally would like to see this wait to see how we make out with the D.E.R. It was agreed to leave it on the table. Mrs. Jackson asked what was the latest date~'for a~ item to go en referendum in the fall and ~. Moore informed her it was 30 days, hmt there should be some input to present an intelli- gent propositiom to the voters. OLD BUSINESS Consider Site Development Plans for Storage Building - 1800 Congress Blvd.~ Leisureville Mr. Kohl referred to this item being deleted from the May 3 agenda and advise~ that Mr. Joe Ambridge recently contacted the Oity and asked that this be placed before the Council again for consideration. He referred to the Community Ap- pearance Board meeting minutes of July t8, ~977, wherein this -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1977 item was discussed, and although objections were voiced, they did approve the landscaping plans. May he have Council's wishes on this matter. M~s. Padgett added that several people had requested to speak on this item. Mr. Simon Ryder, 2379 So ~. 13th Avenue, Leisureville, appeared before the City Council and stated he ha~ a statement te ma~e concerning this matter which was brought before the Pl~ing & Zoming Board sometime age. It was the first inkling he had of this proposal and it was apparently unkmown to 2,200 home- owners in Leisureville.. ~_s a member of the Pl~ing & Zoning Board, he ~oted against this application. He respected the decision of his fellow Beard members since they viewed this matier as differences betwee~ the Leisureville Board of r~ctors and owners they represent. He is speaking as a very m~ch concerned home~wmer and definitely not for the Plamuimg & Zoning Beard. Mr. Ryd.er continued that the plans which have been su~Gmitted do no~ indicate the relative position that this proposed build- ing would have in connection with the existing const~action. He has prepared an exhibit with a photograph of the location showing the adjacent buildings and has prepared a fro~televa- tio~ showing the comparative location of the proposed an~ existing buildings all drawn to scale. He presented this exhihlt to the Council members. This location is on Congress Blvd., which is a City dedicated street and he referred to the amoumt of traffic passing this location. The appearance, which he th~ would be unwholesome, would be apparent to a~yone going along the street. As shoe on the exhibit, the proposed location is a beantifully landscaped area which is only 30 ft. between two bnildings. Placing this proposed warehouse type flat roof structure between them woul~ be an architectural monstrosity. His contentiom is that this pro- posed eyesore shows a lack of plamming and is am attemp~ by the Bbard of Directors to circumvent ~he approval of the home- owners with it being an expenditure mnder $5,,000. The lack of attention given this matter is evidenced ~y the application listed association. No Dla~ was prepared ~y a qualified person to obtaim ~ids and he xpla~ned how specmf~catmons were not g~en satisfactorily. ~The Planming & Z~ning Board and Commu~ty ApPearance Boar~ ~av.e gone alenE With this 'amd apparently ~eel this is mnOt thezr p~rob.lem. Therefore, the City C~umc~ ~ms~: be concerned that th~s is not or~erly.amd harmomieus ~?elepment in the ~ City. He asks this appiica~ion to be 'denied, ~o those who pay ~or the mainbenance may be given am o~Do~tunity to give aDprov~[ on a properly designed s%ructure se~ im a suitable location. ~. Caldwetl asked who owned the land an~ Mr. Ryder informed him that the recreation lands are owned by the Camp,~elli -7- MINUTES - REGUL~9 CITT COUNCIL M~ETING BOYNTON BEACH, FLORIDA AUGUST 2, 1977 Trustees and not by the association or developer. In the event this building is built, the homeowners will have to pay in addition to the cost also the maintenance and taxes. There are i~stances already where other buildings of this kind have been transferred from the original owner to some- eno else. Anythiag which is built is not built on their land, but they pay taxes on it. Mayor Zack stated this was true in all condemimiums. Mr. Caldwell asked if the building was to be bmilt between two homes and Mr. Ryder informed him that one building was the beauty salon and the other was rest Mrs. Jacksom referred to the minutes of the May 2 meeting of the Commm~ity Appearance Board when it was stated there were no landscape plans and they must have pla~s. Then, at their July 18 meeting, it states a revised plan was presented. Is there a plan? Mr. Ryder informed her that plans were sub- mitted, which he signed as being approved by the Plan~ng & Zoning Board, and they have mot bee~ cha~ged but he under- stands they have been supplemented with landscaping treat- ment. The Commm~ity Appearance Board reviewed them agaim last night. Mrs. Jackson stated that she received a tele- phone call in reference to this being listed as a storage building and was informed that it was changed to arts and crafts. Mr. Ryder replied that he thought the initial pre- sentation mentioned storage of old chairs and ~mhrellas and possibly arts and crafts. Mrs. Jackson asked if it was for storage or not and Mr. Ryder replied that it was probably needed, but he quarrels with the location. Mr. Irving Kutlin, 702 $. W. 18th Street, Leisureville, appeared before the Coumcil and advised that he came to speak to the Council and as an appointee of the Commanity Appearance Board and servimg as am inspector for the Board. Two weeks ago Monds~, the Comity Appearance Board approved hy a vote ef 4-3, the beautification or appearance of the Leisureville storage eenter. We have bee~ called many things im Leisureville, mostly beautification, bu% we are legally the Commumity Appearance Board. Beauty is to the beholder, but appearance is an immediate representation. The Comm~ity Appearance B~ard has more to do than just plant flowers an~ they are concerned. He then read the discussion from the Community Appearance Board minmtes of Jmly 18 regarding their review of the Leisureville storage huilding. At that particular meeting, he asked Chairman Reid to listen to his argmments, b~t he was not prepared with the Technical Co~m~t%ee Sectiom 31-2. Last might at their meeting, he bmought it to the attention of the Board and read Sectiom 31-2, Article 6. When he brought this to the attention of the Board last night, it was agreed in the future the Board woul~ no~ be that haphazard on ruling on one part. We know mow that the ~ity Charter makes us aware that the whole commmnity is involve~ and we will be mere careful im the future. -8- MI~UTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1977 I~. Kutlin continued that apart from the Community Appear- a~ce Board, he lives around the corner from this proposed ~uil~iag. He uses the sauna and a window looks out over this beautifu~ landscaped area of omly 30 ft. His house is at the minimmm 10 ft. away from his neighbor's a~d ~uder no circumstances eau a b~ildi~g be built in this area a~d be loft. away from the other building.~ He appeals as a neigh- her a~d resident of Leisureville. The need has not heea determ~uedj Very few people have been informed this was going te happen. At least 50% ef the people in Leisureville are away. Ne thi~k~ it is beholde~ uponthe ¢itH to notify the people 02 Leisureville that there is goi-~g to be a~other type ofbail~iag. They should at leas~ advertise and have a hearing. Let the people have thei~ sa~. He them explained how Leis~reville was not an island, but is part of B~ynten Beach. Mrs. Jackson referred to nobody mentioning that the proposed building had a flat roof as shown in the picture submitted hy N~. Ryder and asked if~y other buil~inginLeisureville has a flat roof and Mr. Kutlin replied there were none that he knew of. ~s. Jackson added that she looked and did not see a~y. Mr. Carl Zd~erman, 122 N. W. 14th Street, appeared before the Council and stated he is a lease holder en the land upon which this b~ilding is to be built. He told about the back- ground en the Leisureville PUD with the zoning density and character of this community being set by the City Council with a special ordinance i~ 1968~ It is a clean looking community, but very much overcrowded. The setbacks allowed here are less than required in any other part of the City. There are few large grasse~ areas. The average lot is 55 x 90 Et. or 11/100 of an acre which includes half of the street meaning ~_ine houses per acre. They need some open space to relieve this pushed together look. The officers in Palm Beach Leisureville have built and allowed to be buil~ many additions on private and recreation land adding to the over- crowded land. Not long ago, a maintenance building and o£fice building ~ere built taking, away landscaping. Both of these were bu~l~ in violation of accessible open space regulations and the terms of the lease in which the asso- ciation is only the third party. It was u~kown to most of the Leisureville people. It is a bit ironic that beth build- ings and the gol2 course and the land in the recreation s~ea were sold after improved by them with their money without benefit to them. Now, this is th~ third application and most absurd. Unless it'is stopped, there could be more. There is no provision in the lease ~or the association to build more buildings of any size and charge the cost against the developer or the sece~ party of the lease which is the lessee. The $5,000 limitatiom ~as~ no connection with ~he lease a~nd is found in smother document for ~other purpose. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1977 Mr. Zimmerman continued that the first building built cost about $20,000, which was spending more than $5,000. The developer or owner canmot give permission on his own or build a~ himself mmless the lessee agrees simce it is the lessee's momey or his maintenauce momey to pay for the upkeep for a long time to come, T~is is a fair and mpright feature of his lease and is legally spelled out. Hew foolish it would be for him to stand by and let the associatiom or developer contimue to build at their whim. It would be especially foolish since he is protected in the lease he signed. Ne had legal ad, ice when sig~img His lease ~ecause mamy persoas take over am~ de sad thi~s. The question be~re the City Council is the request fo~' this strueturecomimg from ~he right part~? Is the applicatiom valid? Tbs la~ is emmed or lessor. Agreement by ~oth is needed ~o alter the lease. The association is out sf place to cas~m~ditienal on these retired people without giving ~hem a voice. The association cannot be an agent for him, the lessee, and also an agent for the owner or secsnd party of the lease without a conflict ef interest, i~ leeks like the officers of the association are trying to put this over or get by with it in a subtle way. M~. Caldwell a~ked if the setback req~ements for storage sheds would ~e met in this particular case and Mr. Zimmerman informed him that everything in Leismreville is special exceptions with special exceptions given and the Council must decide the setbacks. Mr. Caldwell asked if this were to happen throughout the City in the same identical zoning, would the setback requirements be met a~ud Mr. Zimmerman re- plied: no, a variance would be required from the Board of Adjustment. N~. Caldwell questioned the construction and Zimmerman replied that he understood it will be CBS with a flat roof. M~. Caldwelt asked if the other utility sheds were about the same type and size and Mr. Zimmerman informed him that the one on the golf course is larger and cost con- siderably more. However, it was built in a small golf course and it is crowded in. The office building was an addition to an existing building which ruined the arcD~itecture. They were both approved by the City Council since nobsdy spoke against them. He thought that was the end, but it seems to be ge~ug on and on. Mr. Caldwell then asked the City Attorney if this situation could possibly get the City into a similar case as occurred ~etween the developer of Village Royale on the Green and Mr. Moore replied that it possibly could the ~ay it is sounding, but he does not know the background. Mrs. Jackson stated that it was started in 1968 as ~u exception to the zoning~ laws with one exception following a~other. She added that she also agree~ with ¥~. Kutlin that the Cemm~uity Appearamce Board was set up to go not only into landscaping, but compa- tibility. -t0- MINUTES - REGU .LAR CI~f COUNCIL MEETING BOYNTON BEACE, FLORIDA AUGUST 2, 1977 Mrs. Rose Smith, 2889 S. W. 13th Avenue, Leisureville, ap- peared Before the Council and stated she appreciated the opportunity to appear her.ore them to discuss this proposed_ storage ~uildingo The Lelsureville group present is repro senting many who desire to'~have it constructed. It has the approval of the Recreation Committee and Boar~ ef Birectors. Leisureville benefits greatly hy the e£forts put forth by ~he volunteer Werkers o Hoars sro spent making, items for their amnnal bazaar and it is now necessary to have storage apace ~or artiele~ of handiwork. Also, they own a number of items, such as~baby item~a~ i~vali~ items,loaRe~ to ewaers which they nee~ a ~lace in whic~ te store them. They have raised thousands of dollars which have been used to install fences, etc. Without these fumds, the maintemance fee f~r living i~ Leisureville would greatly inereaseo The ~re~esed building is of ample sime and when completed an~ shru~be~, it will blend very s, They weml~ greatly appreciate gr~nted approval a~plica- tion. Mayor Zack clarified that the cost wo'~ld be pai~ by the Recreation Committee and Mrs. Smith agreed. Mrs. Jackson stated she felt they were getting away from the su~ect as the subject is whether this ~uilding is compatible with the other areas and is this the right site. Mrs. Smith clarified that she just spoke on the need for the hail~ing. Mayor Back added that they must know if it is zoned properly. Mr. Joe Ambridge, General Manager of Palm Beach Leismreville, appeare~ ~efore the Council and stated ~efore he starts making any comments, he would like to keep the recer~ straight that he tries to be neutral. He is employed to represent the members of Leisureville though the Boar~ of Directors. The Board is elected by a majority of the people in Leisureville. He would like to ask if they have met the requirements and thinks they have since the Planning & Boning Beard vote~ affirmatively a~d a majority affirmative vote was given by the Community Appearanc~ Boar~. The next step is to meet the code requirements of the Building Department and if they do, he thinks they have adhere~ to the various items set up By the City to protect the ~eople. If they have met two of the Boards, requirements and! meet the code, he th$~ per- sonally that all the other thoughts stated were out of ~rder end have nothing to do with the City Council. If he is wrong, he would like a member of the City Council or City · ttorney to tell hi~. Mayor Zack replied that according to the minutes, they have met all the requirements~of the Planning & Zoning Board and ~ommunity Appearance Board. Mrs. Jackson stated ltha~ thei C~mmunity A~Pearance Board concentrated on the an scap~ng and ~. Ambridge replied that the Community Appearanc~ Board did approve the build- i~g. Mrs. Jackson informed him that this Board was a -11- MINUTES - REGULAR CtT¥ COUNCIL MEETING BOY'ON BEACH, FLORIDA AUGUST 2, 1977 recommending Board to the City Council and Mr. Ambridge re- plied that he thought they should be told what their duties are before being ~nvolved im any more plans. Mr. Moore formed him that specifically meeting the requirements would be up to the City Plamner ~nd the Boards' function is to recommend to the City Council with the final decision bein2 made by the City Oeumcil. Mrs. Jacksom referred to the Planning & Zoming Board having somebody from the Building Department sit on the Board as does the Board ef Adjustment, hut the Community Appearance Board does not have amyhedy te sit ~ud ~aide them amd she would like to have that takem into consideration after this discussion. Mr. Ambridge contimued that he was mot making derogatory re- marks against the City, but it would seem in 1968 when it was developed that City Council members did mot have the fore- sight to leek at the plans and, realize there were no provisions for maintenance areas or storage areas. There are 1,800 pri- vate hemes with lawns to be cat and no storage area for the lawn equipment. Mrs. Jackson stated she was mot on the Council at that time, but di~ e~jeetasa private citizen then that it was goimg to be overcrowded. Mr. Ambridge stated that he hoped the City considers this in future projects. ~. Ambridge then referred back to the buildimg itselland stated that the majority of the people in Leisureville want it and the Board of Directors have approved it. Leisureville does have ma~y activities and committees that gather fmnds for the betterment of the entire c,mmunity. The Recreation Committee is composed of ~,200 to 1,500 residents participat- ing in the various activities. They make arts an~ crafts sold at the annual bazaar. The Recreation Committee r~ises approximately $50,000 per year which is fumuelle~ back into the commmnity. He explaine~ how their fees would be affected if this was not done. This year the Recreation Committee has allocated $25,000 i~to the community association to defray assessments for all the people im Leisurevilte. He hears re- marks that the Boar~ of Directors have ne regard for the as- sessments, but for the last four years, the assessment has been maintained at $40.00 per momth when the inflation has increased 20 to 30%. With the Recreation Committee and Board of Directors, the maintenance assessment has been maintained. The Board of Directors are concerned about any increases and are trying to find ways to keep assessments down. There are 1,200 participants in the Recreation Com- mittee who de the various things to raise this money. This may be getting involved in items covered in the Leisureville documents which they operate under, but the members do have recourse back to the Board of Directors. They can be heard by the Board of Directors. He does not know of~any case where a hearing was denied. Since the arts and crafts started last spring, only one person has ~ske~ to be heard. People -12- MINUTES - REGULAR CITY COUNCIL MEETING BOY~TON BEACH, FLORIDA AUGUST 2, 1977 evidently like to use public forums with newspaper coverage and minutes taken and have not expressed their~opinions within the confines of Leisureville. Leisureville people de not want everything aired i~ the press. If the people do not like the way it is run, they can recall the Board of ~irectors. He thimks they are opera~g~by f~.~,s~h~s'Of the ~a~o~ity~ruleAa~~ ~ small minority should ~e% be~ c~uging ~hings. The whe~&s majority should still prevail, The majority are for ~he hmilding. The Recreation Committee needs it and it shoul~ SeeM in. o£ be Built. The people stere the arts an~ crafts in their h~mes during the year and should have a place to stere them 8/16/77 which is over the $25~000 allocated to keep the assessments at What they are. Ne WoUld like the City Ceuncil to consider whether this meets the City's requirements, ~ut ~id want to give the baekground of how they ~ot where they are. Mr. Caldwell referred to arts and c~ts being stored in this ~milding and Mr. Amhridge agreed. Mr. ~aldwell asked if the building was also going to be used for the storage o~ lawn equipment and Mr. A~.~tdge r ~plie an~ teld aoout the Community Association previeus]j a build- lng on Industrial Drive to s,tsre the lawm equipment, but now have built a maintenance ~uild~ on the gol~ course as it was the only plaee where it could be put not in sight of homes. }~. Caidwell referred to his statements regarding the lack of foresight an~ stated that hopefully we ca~ use the lack Of foresight then to our advantage to improve the site to- day, He pointed out that the total distance between the buildings on either side of this proposed building would be 8 ft. and if we are going to attempt to rectify our lack ef foresight, he 9uestions whether this close next to the ad- joining buildings should be consi~ere4 at this time. He realizes the overall need for a storage area, but the fact remains there would only be 8 ft. between the buildings. He questions whether this would be considere~ an appropriate dista_uce between buildi~Ks. ,Mr, Amhridge replied that he was not there in 1968, but the people i~ LeiSureville are law abiding citizens and whatever the requirements they will try to cooperate with them. If they meet the re- quirements, they would like to go ahead ~u~ if not, they will adhere to the decision. Mr. Caldwell stated that he understood this building would~not meet the setback require- ments and Fm. Ambridge replied that because of the PUD, ~othing meets the requirements. }~. Cal~well questioned just what they could ge by and called on the City Planner for input. -t3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEAC~, FLORIDA AUGUST 2, t 977 Mr. Annunziato stated that as pointed out hy ~. Ambridge, Leisureville isaa PUD amd a PUD does not have setbacks as in commercial or residential districts. The matter of setbacks could be settled here tonight. If the Council feels 8 ft. is not adequate, they could require the setbacks to he in- creased. Mrs. Jackson referred to the 8 ft. not including the overhang on the one building and asked if a truck could pass under. ~. DeM%~rco referred to the people speaking against seeming te thimk there might be other areas for the location of this building and aske~ if this was possible an~ ~. Ambri~ge in- formed him that the Reereatiom committee looked over all of Leisureville ~u~ this area is R-2 which is in the canter of Leisureville. At R-I there is an area which may be considered along the canal, but in their opinion there is no room at the R-3 area which is close to homes. This area is centrally lo- cated and near a large parking lot. The consensus was that this would be the most practical location. Mrs. Jackson re- ferred to 15th Avenue an~ M~. Ambridge informed her they had nothing to do with 15th Avenue and their jurisdiction stops at the ca~al. Mr. John Godfrey, 2099 S.W. Lake Circle Drive, appeared before the Council and advised that his position here tonight is to represent the Board of Directors. Something he finds in everything which has been said in both pres an~ cons has not been taken into consideration and that is they are the Palm Beach Leisureville Community Association, a corporatiom not for profit and they cannot borrow mone~ or float ben~s. He told about the work done by the approximately 1,500 people in this group. Of course, they would like to have $20,000 to build the building. Also, he weald like to mention that a previ,us speaker was a member of the Boar~ when the previ- ous buildings were approved, but he is definitely against this building. In reference to the people being away, %he plans for this building were started last January when every- one was in Leisureville. This building is needed. He told how his living room or bedroom was loaded with items to be sold at the annual bazaar. In reference to the location, they have permission from the developer and in 99 years, he gets it back anyway and we won't be here. ~hen Mr. Ryder stoo~ up, he was allowed to oresent a picture, but we were told to present a drawing which we did. In reference to the aesthetic look of the building and not blending in,with the other buildings, less than two years ago an addition for an office was built with a flat reef and it went right through with no discussion. A hip roof would cost $4,500 additional. If the Board says they are going to raise the maintenance $1.00~ they are shot ~own. They have not taken this lightly and have upwards of 50 people who have discussed this f~r over eight months. He asks the Council's kindness in approv- ing this for L~isureville. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1977 Mrs. Jackson stated she feels there has been much said which should be discounted. We should discount persomalities, emotionalism, and use, But the point is whether this is liv- ing up to the ordinance. She read the Community Appearance Board ordiaance and stated she thought this is what we have to pass om. M~qvor Zack referred to approximately a month ago when a storage facility was approved for Inlet Harbor and asked how much difference this was and Mrs. Jackson re- plied that it was not a PUD and this is located en two maia City streets. Mayor Zack stated that this is a PUD and is properly zoned. He thimks the Planning& Zoning Beard members were concerned about the legality hut pointed out that the Board of Directors were elected by the people to represent them~ It was also mentioned that no architect was needed as long as the Building Department approved the plans. This has been approved by the owners of the land and he does not see why this is~prolonged. If it is needed, he thinks it will be an important asset to the community of Leisureville and he ~l~ves there as well as Mr. Ryder. M_rs. Jackson re- plied that they must discount emotionalism and this does ~ot fulfill the ordinance. ~s. Jack, on moved to reject the site plan and added that hopefully they will come up with another site. Mr. DeMarco seconded the motion with the understanding that this will go back to the Pls3zuing & Zoning Board and Community Appear- ance Board as he does not think it was handled correctly. Under discussion, M~. Caldwell statedj~he was concerned with two points. He agrees with some of the comments from the Board meetings and speakers, but thinks a good share of this is an i~ternal problem and not one which should be ultimately decided by the CoUncil as to the pros and cons of the build- ing. Secondly, his prime concern is the lack of distance between buildings with only 8 ft. between two permanent structures. We should decide whether the building could be made smaller with more space and not whether it is the proper thing. He thinks we have to ~eal with the objective facts. We must deal with the safety and fire codes. We mus~ decide the setback requirements an~ he questions whether 8 ft. is an acceptable distance to the Fire Department. He explained how they must be concerned with the possibility of fire spreadi~.h~re~. Strnad replied that he thought he was all wet as is a building being constructed On U. S~ 1 right now with not more than 3 ft~ Between the next building. Leisureville is a PUD and the setbacks were inherited and we did not make them. The setbacks are small, but why amend them now, but we should try to get along with ~hem. -~ zn~he ~uture, a new development comes along, we can ~lan xor it. Ne does not think the people should be panal- mzed for the lack of foresight of former Councilmen. Mrs. Jackson stated that this was not compatible with the other buildings. M~. Caldwell referred to Mr. Strnad stating the setbacks have bee~ established and M~. Strnad clarified that -15- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BF~CH, FLORIDA AUGUST 2, 1977 there were no setback requirements in a PUD. Mm. Caldwell questioned ~j~st when we would set them to protect the health and welfare and ~. Strnad replied that this has been done and is after the fact now. Mr. Caldwell questioned new build- ings and Mr. Strnad replied that they have not ~ad the proper setbacks and he thimks there should be some latitmdeo Mr. Caldwell stated he appreciated his c~mments, but if ~e allow too much latitude, hequestions whether we would be doing the people an i~justice. Mayor Zack stated that in reference to the setbaCkS, he thinks the Plamming & Zoning Beard should come up witk reEulations to control them. Mrs. Jackson re- plied that this could mot be solved ~ow. ~s. Jackson reoeate~ that her motion was to reject the site plan. Mr. De~co asked iE it weald ge back to the Planaing & Zoning Board and Mrs. Jackson replied that they ceuld come back with something else. ~. Caldwell asked if they must wait one year if it is turned down and Mr. Moore replied that the one year period only applied to zoning change° Mr~ Caldwell clarified that the site plans could be modified and go through the Boar~ again and Mr. Moore agreed. .Mr. Caldwell aske~ if it would only be an approximate two week ~elay and Mr. Kohl replied that it would belonger than that. Mrs. Padgett then took a roll call vote e~ the motion as fellows: Vice Mayor Jackson - Aye Councilman Strnad - No Councilman Caldwell - Aye CouncilmamDeMarco - Aye Mmy~r Zack - No Motion carried 3-2. ~s. Jacksom referred te the Community Appearance Board re- questing through their minutes sems way to enforce maintenance and stated that the City Attorneyhas ~ent a letter regard- ing this and she thinks it should be forwarded to the Community Appearance Board. M~s. Jackson then stated that we have come to a point now where this is an example where nobody sits in with the Com- munity Appearance Board and she thinks somebody should sit there to give guidance, possibly the City Planner. Mr. Strnad referred to asking for this the first year he was on the Council, but -~er Roberts disagreed. He asked Mr. Barrett for him or a representative from the Building De- partment to attend every Commami~Appearance Board meeting. ~s. Jackson movedto have the City Planner orrepresentative from the Building Department sit in ~ith the Community Ap- ~aranee Board. Mm. Kohl replied that this would be up to the Building Department amd that is ho~ he would like to see i~. Mr. DeMarco seconded the motion. Motion carried 5-0. -16- See Mi~ of 8/16/~ MINUTES - REGUL&R CITY C0~CIL MEETI~G BOYNTON BEACH, FLORIDA AUGUST 2, 1977 Construction Costs for Extending Gravity Sewer to Serve ~mokey's Restaurant (M~. Vincent Molle Request) Mrs. Jackson moved to take thiE'?mfrom the table, secende~ ~y Mr. Caldwell. Motion carried 5-0. M~. Kohl referred to two letters being submitted from Mr. Cessna and Ne. Clark together with a cost estimate. Mayor Zack stated he persomally felt the responsibility of the City was to go to the propertyhline of the respective owner and he does met th~k the responsibility of the City shomld go beyond that. ~f they t~e it so far, we will take it the rest of the way. He k~ows they are asking ms te foot the bill and questions whether a precedent would be set. Mr. DeMarco asked if Mr. Molle was present and receive~ no response. Mr. Eehl informed him that Mr. Melle was notified. Mayor Zack asked if they desired to leave it on the table and Mrs. Jackson replied that if Mr. Molle i~ not interested enough to come, she believes we should take eare of it. Mayor Zackagreed that they have the facts. Mr. Moore asked if ~. Molle had offered to pay all the costs and ~. Kohl replied: no, he does not wamt to pay the costs and that is why he was present at the previous two meetings. Mrs. Jackson stated that when it first came up, he agreed to do it and he feels he needs it. Mrs. Jackson moved to deny this~request as a precedent would be set. Mayor Eack clarified we wo~ld not do anyt~Ing since it is not our re$~ensibility. Mr. Caldwell seconded the motion. Under discussion, Mr. Caldwell pointe~ out that according to the original agreement, Mr. Molle did agree to the orig~ual terms in 1971 and accepted it then. M~tion carried 5-0. Discuss Legality of the Proposed Mamsolemm - Vice Mayor Jackse~ ~s. Jackson referred to this going back and forth and there being some question and asked if Mr. Moore had received a copy of F~. Hurford's letter and Mr. Moore replied: yes an~ advised that the current status of the Cemetery Board Ordi- n~nce provides the trust fund can only be used for perpetual maintenance and upkeep and does not provide to the exten~ for construction or additions. Also, the Charter authorizes the City to operate the cemetery for the burial of the dead ~nd a mausoleum may be a technical point. However, he e~plained that the ordinance could be amended if authorized by the City Council. Mrs. JacP~son asked if it was legal and Mr. Moore replied that he questioned it. Mrs. Jackson asked if they could borrow money from the ba~k and Mr. Moore replied that -17- MINUTES - P~GULAR CITY COUNCIL MEETING BOI~NTON BEACH, FLORIDA AUGUST 2, 1977 he thimks they c~ot take a valid lien on the cemetery pro- perty, but possibly the City could expend from their surplus funds, tt woul~ not be a loan, But a valid expemditure of funds for a mausoleum to benefit the public, But they are getting into the question of whether to do this without a referendum. There also could be a progre~ set uD for pre- Mr. ReMarco referred to the possibility of presales ~nd called on ¥~. Hurford. M~. Hurford explained that this was the Board,s purpose to request the City Council to give approval to changing the Gharter to allow them to have capital improve- · merits and the proceeds of the burial lots instead of being u~ed only for maintenance could be used for crypts for the mausolemm. They comld take $100,000 from their trust fu~d. He suggests calling it the Cemetery Trust Fund to give it a specific earmark and then with the City's funds, which could either he lent to them or put to their use, Eor a period of at least five years, they could assmre hay±nE it back to the City within a year's time based om presales through advertis- ing and through special prices to people who would h~ them prior to their need and they would be going om their ow~ from that p~ticular period on. The amount o£ money returned from the $100,000 borrowed from the trust fu~d would also be re- turned in that period of time such as an add~tio~al year. He is asking for five ye~s since they do not ?~ow what contim- gencies will arise. He hopes the people would take advantage of the mausoleum and they would be sol~ at a lower co~t and at the same time have a return for the cemetery trust fun~ that would contimue forever. I~ having an apDroxJ~aate $~,000,000 trust fund ultimately in a period of 20 years with ~ interest, they would have $50,000 returned every year and it would not cost the citizens 5¢ on taxes. They would be self-sustaining. ~. Strna8 stated he realize8 this would be an incentive for people to buy crypts, but what happens if they die Before it is built and Mr. Hur£ord replied they could give the money back or give them a lot in the cemetery temporarily~ Hurford continued that once the Council gives approval, the mausoleum could be built in six months as it is all prefab- ricated work. In the meantime, as far as bhe sales, they have an office and with some advertising at minimal oost, bhey could have the mausoleum built. N~. DeMarco asked if a Capital Improvement Fund should ~e established and have this come up for referendum? ~s. Jac¥~on asked if all ¥~. Hurford said was legal a~d Mr. Moore informed her that the ordinance must be amended to utilize the trust fund for other than maintenance purposes. Also, somebody should investigate whether there is enough -18- MINUTES - REGUI~IR CITY COUNCIL MEETING BOTNTON BEACH, FLORIDA AUGUST 2, 1977 money to~make it feasible with enough money to maintain. The trust fund must he secure, if there are surplus £unds, they ca~ be spent for a legal purpose, hut the Con~cil must make the determination. Mayor Zack asked the City Clerk how much money was in the fu~d and Mrs. Padgett replied that she ha~ not received a report for several months~ Mr. Hurford referred to his letter of April 26 sent to the Council advising they have 4,642 lots which represent $t50 each or $696,300. O~ the sale of the mausoleum, th?y would have a sizable amount on that which he would not like to declare at the present time. Mayor Zack s~ated that as of J~ary l, there was $275,000. H~ thiaks the City Attorney referre~ ~o %he erdi~ance Dasse~ in 1 963 regardin~ the cemetery fmn~. Ne then asked how ranch maintenance the Cemetery Beard pays and Mr. Hurford re~lied that they pay all in%erest off their investments and return it to the City. Nayor Zack stated that ~he set~ is that when cemetery lots ~re sold, it goes to the Cemetery Board, and the opening and clos~g of the g~a~e goes te the General Fund. He questione~ why ii was going to the General and referred to the ~udge~ listing the cost for one fmTl- time man being paid BY the General F~d. ~'hy are there separate funds and why arsn'~all the fun~s in the Cemetery Fund~ If all the money went into ~ne fun~, it could take care of all maintenance. ~. Hurford replied 'that it could be done that way. Mr. K~l sugge~s~e~ discussing this at the budget hearings and advised ~hat ~it could '~e cha~ge~. Mayor Zack clarified that he was referri~ to t~ ordinance ~eels all money sho~d go Back to ~he Ceme~tery Board. ¥~yor Zack then referred to the cost of the cemetery lots being $150 to local residents and $200 to outsiders and ~. Hurford agreed and adde~ that the ~eople from Delray Beach like our cemetery so well because it is high and dry and he explained. Mayor Zack referred to Delray Beach charging more for cemetery lots and asked ifsa~y consideration had ~een given to raising the costs to make it mere self-suo- porting and ~. Hurford replied that he had ~ot had the- opportunity to discuss this with the City Council as yet. Mrs. Jackson stated she would like to get the thought of the Council and turn it back to the Cemetery BO~rd for more input. ~i~yor Zack stated he thought it would be nice to use the trust fun~ and borrow the rest of the money. Dr. Ernest Campbell appeared before the Council and advised that he was the Chairman of a Committee to make a study of a mausoleum. He has made an i~depth study and is in the process of determin~ some answers. He thinks they need a written opinion from ~!r. Moore. Fr~m the amount of input MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1977 citizens on the street have given h~m and because of the tre- mendous interest in this, he believes it would be wise for the Council to continue some committee to come up with dis- cussions. He thi~s the attorney should give advice exactly what could be said. Mr. Moore questioned the mention of him having a conflict of interest ~d Nr. Campbell replied that he did not care to clarify it. Mr. Moore insisted that he does not have a conflict and only o~s a cemetery lot. Ee thinks an investigation should be made into all the parties proposing this thing. One time he represented the owner ef Palm Beach Memorial Park, hut has ~t for years and ha~ k~owledge of what is being talked about. Mayor Zack ~tated he thought it would be proper to investi- gate whether we can use this money in the trust f~d and borrow ito Mrs. Jackson suggested that ~. Hurford meet with Mr. Moore about this~nd added that a referendum was not needed. ~. Caldwell stated he would like to see an ordi- nance drawn up to change it as he thinks ~. Hurford,s idea has a lot of merit. He so moves, seconded by Mrs° Jackson. Under discussion, Mr. Moore clarified that they wauted the ordinance changed to allow the Cemetery Board to utilize funds for expansion of the project. They want to set ~p a vehicle in the&ordinance for the sale of lots for a capital improvement program. M~tion carried 5-0. Consider Recommendatio~ of City Attorney - Re: Water Treatment Plant Mr. Me,ere referred to submitting his written recommendation. Mayor Zack stated he went along with the lime softening based on the information ~d knowledge that no politics were in- volved. Here, he thinks we are getting a man involved who is chairman of the Democratic P~rty. M~. Moore clarified that he was ta~king about professional qualifications. ~yor Zack continued that he hoped the political structure does net take public health at stake. He does not care what the decision is from the D.E.R., but hopes no p~li~ics are involved. He feels ~r~ Moore is well qualified to handle this situation and does not question his ability, so why hire another person? Mrs. Jackson stated that ~hey voted on a motion to have another person go with ¥~. Moore with Rmssell & Axon and ~. Strnad replied that he never vote~ en this. M~yor Zack stated that the motion was for ~ Hallmark, N~. Moore, Mr. Cessna ~ud himself~ Mrs. Jackso~ stated that she made the motion ~ud definitely said we neede~ somebody that knows this kind of law. As far as politics, she does not think it has a bit to do with it. -20- MI~JTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1977 Mrs. Jackson then told about listening to a three hour dis- cussion this afternoon and F~. Peter Rhodes being asked about lime softe~iug and his reply was that people with good water should ~se it and there is no need for lime softening. She was aware there was a feeling about this and a fear of lime softening causing cardio-vascular disease. Mrs. Jackson moved to have ~. Moore go with M~r. Jori Moyle. ~. Strnad requested the sa~e privilege to spea~,before the tion. He stated this is the most ridiculous thing, he has seen. Mr. Moyle has represented Manalapan and is now repre- senting Relray Beach in the same position we want him to re- present us for $100 per hour. Why should we pay him~$1~ per ho~ar for the same case? He is representing Delray Beach i~ connection with our application and if they win, we k~ow we would win. Why ~ay $100 per hour? Mrs. Jackson asked if it would be possible to have Mr. Moyle represent us at the same time with Delrsy Beach and M~. M~ore replied that he could not ~nderstand the confusion on the part,of the Council. ~e field of administration law is a very special section° ~tr. Moyle is recommended with a high degree of competency. The Council has kicked this around for months. He feels it hls duty to advise them to get the best representation. He feels this is a divided issue and they are getting out of professional advice and into other areas. SeaM in. o~ !~ they want to proceed in this properly, they will retai~ ~/16/77 Mr. Moyle to represent them. As far as getting involved with Delray Beach, their issue is not our issue. ~we are talking about saving $500,000 per year if we are successful on this. M~. Strnad stated that a capable City Attorney hs~ not men- tioned how mmch would be saved by the taxps~er with giving better condition in the PH control of our water system and the effect on the condition on the pipes and M~s. Jackson replied that this has been refuted by M~. Russell. M~. DeMarco then seconded Mrs. Jackson's motion and stated if they are going to have four to five people go to Talla- hassee a~ud they are not qualified, we are wasting time. He knows Mr. Moyle is qualified. Under discmssion, Mr. Strnad referred to Mr. Moyle representing Sterling Village where the Pratts reside who are suing the City against lime soft- ening. Mayor Zack repeated again that he thinks our City Attorney is highly qualified. ~irs. Jackson stated that she knows when the motion was made, which carried by a 3-2 vote, that she requested an expert to go with Mr. Moore and Mayor Zack added that he also wanted to go. Mayor Zack replied that the minutes would verify this. M~. Strnad stated that i£ there was ar~'question as to w~at was said, this could he tabled and the ~inutes consulted. Mrs. Jackson replied that she is aware of what she said and if she had known there was -21- MINUTES - REGUi~AR CITY COUNCIL MEETING BO¥~TON BEACH, FLORIDA AUGUST 2, 1977 going to be an~ questiom, she would have brought the mimutes. ~er motiom stands. Mr. Caldwell stated that we. have committed ourselves to fight the lime question with the DoE.R. Our own competent attorney ~ees not feel he is competent im this field. Are we going out to win this or not? He explaiaed how he felt they should start in to wi~. Mrs. Padgett then took a roll call vote on the motion as fellows: Councilman Strnad - No Councilman Caldwe!l - Aye CoUncilman BeMarco - Aye ViOme Mayor Jackson - Aye Mayor Zack - No Motion carried 3-2. ~ousing Authority - Term of Office M~. DeMarco stated that he talked to Mr. Barry Seaman today and he said whomever was elected Chairm~n should have the tenu oE one yea~,a ~u~?0ri~.t~ and ~thg~.n a Ch~ ~.~ul~d~ be~.se~cte~ b~ the n~rs according t¢ Mr. Kohl showe~ the~Co~ncit members the certificateo~ ap- Statute 421. pointment. Mayor Zack referred to Mr. Charles Johnson an~ Mr. W±lliamMe~singer being experienced people and suggested they be appointed for four year terms. ~Ir. Moore informed SeeMin. of them that they must appoint a full Board and~signate terms 8/16/77 and designate the first Chairman. Mayor Zack made the following recommendations: ~. Charles Johnson, Chairman, - 1 year Mr. William Meisinger - 4 year term. Mms. Sarah Gold,erg - 4 year term. Mm. Rubin Lefkowitz - 3 year term. M~. Matthew Macaulay - 2 year term. term. F~s. Jackse~ moved to ratify the appointments of Mayor Zack as listed above an~ have the certificate of appointment signed by the Mayor. Mr. Caldwell seconded the motion. No discus- sion. Motion carried 5-~. NEW BUS~SS N0~ ~D.M. 1/¢ISTR~TIVE Approval to Execute Agreement Between the City & Palm Beach ..C0u~ty . Re: Community Develbpment Block Grant Projects M~. Kohl referred to submitting a copy of the letter from the ~ounty and requested the Council to approve the agree- me~. M~s. Jackson moved to approve the agreement between the City and Palm Beach CoUnty regarding the Comm~uUity Development Block Grant Projects, ~ ~. seeonded by ~. Caldwell. Ne discus- sion. ~o~on carried 5-0. -22~ MINUTES - R~ULAR CITY COUNCIL MEETING BOYNTON BF~CE~, FLORIDA AUGUST 2, 1977 Approval of Site Development Pls~us for Barnett Bank ~. Kohl informed the Council that the Planning & Zoning Board at their re~alar meeting of July 26, 1977, une~mously recom- mended approval of the site development plans for the Barnett Bank to be located in the southeast corner of Boynton Plaza subject to the following: Engineering Dept: 1. Paving and drainage plans to be pro- vided. 2. 20 i~. easement for regional force main along Congress required. Utility Dept: Abandoned fire hydrant connection to be plugged and Blocked with concrete thrust block. If new fire hydrant location re- q~es more than one pipe length, a tap valve and valve at hydman~ w~ll be required. City Planner: If the adjustment i~ dimensions on site causes substantial change to site plan, reserve the right to have Plaz~ning & Zoning Board review plan again. The motion to approve was made by ~. Tranger and seconded by M~. Winter. F~y he have Council's wishes on this matter please. ~s. Jackson referred to the location being the southeast corner a_nd asked if it was going to be ~ separate building? She requested to see the plans. Mr. Annunziato informed her it would he in the southeast corner of the plaza where the trailer is located now'. Mrs. Jackson asked if they were going to use the parking lot which belongs to someone else and Mr. Annunziato explaine~ the site pla~. F~s. Jackson referred to them using the same Dark3_ug as the plaza and asked who owned it and ~m. A~unziato informed her that Mr. Aths~s owns it. Mms. Jackson questioned what would happen if it was sold~ ¥~. DeMarco asked if the driveway would be widened? F~. Annunziato clarified that they would use the same property, but it will be widened em~ the property was sold to ~e adjacent to the driveway and the driveway is a permanent access to the plaza, M~s. Jackson asked if it was a definite right-of-way and ~. Annumziato replied that it was not a right-of-way, but a driveway as shown on the plan. M~s. Jackson asked if the b~uk objected to usd_ng this access and ~. Annunziato replied: no as it is the only access to the site. M~. DeMarco made a motion to approve the site plan to the listed items, seconded by Mr. Caldwell. No sion. Motion carried 5-0. subject discus- -23 - MINUTES - REGUI~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 2, 1977 Approval of gite Development Plans for Bethesda Memorial Hospital Mr. Kohl informed the Council that the Planmi~g & Zoning Board at their regular meeting of July 26, 1977, unanimously recommended approval of the site plans for a~ditio~s and modifications to Bethesda Memorial Hospital subject to details being submitted for water mai~ connections and the provision of a buffer wall. Motio~ to approve was made by Mr~ Lambert and seconded by Mrs. Schorr. May he have Council's wishes on this matter please. Mrs. Jackson moved to grant approval of the site pl~u for ~ethesda Memorial Hospital subject to details being snbmitted or water main connections and the provision of a bnffer wall, seconded by ~. Caldwell. ~o discnssio~. Motion carrie~ 5-0. Approval of Site Development Plans for Christi~ Develo~ment~ tuc M~. Kohl informed the Council that the Planning & Zoning Board at their regular meeting of July 26, 1977, unamimously recommended approval of the site develooment plans for the above units after noting that this project concept is new this ~rea. Motion to approve was made by Mr. Winter and seconded by M~. Lambert. ?~y he have Council's wishes on this matter please. Mr. Strnad moved to approve this request, seconded by N~ DeMarco. No discussion. Motion carried 5-0. Discuss Purpose of Community Relations Board - Vice M~yor Jackso~ Mrs. Jackson referred to having the Community Relations Board and Housing Authority~and stated as far as she was concerned, we need both. However, she would liketohaveth~p~q0oseo£t~e Cc~m~nit~ Relations Board changed and thinks it should act as a liaison between the Housing Authority and those ~eeding homes. She SeeM in. thinks they could be a liaison between the City ~nager and let him know of anyone needing hot meals. She thinks they could be helpful with spreading the word in the northwest section~ Ehe understands people in this area see homes being torn down ~ud are fearful their,s will be next. She thinks these people could go into that area and ta~k to the people. She thinks they could organize a co~unity cleanmp program to get the people going. Mayor Zack replied that he thinks these suggestions are well taken s_ud thinks we should have a resolution to that effect. Resolution 77-W originally presented was to take c~e of housing and he thinks a new resolution should be prepared. ~s. Jackson gave her notes to Mr. Moore for preparation of the resolution. -24- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA AUGUST 2, 1977 Mrs. Jackson moved to have a resolution prepared for the Community Relations Board as suggested ~ud to repeal the other one, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. Consider Recommendation of M~nicipal Police Officers' Retire- ment Fumd Board of Trustees AND Consider Recommendation of Firemen's Pension & Trust Fund Nayor Eack stated that he has met with both of these groups and underst~uds the Fire Department is also interested i~ survivors, benefits, But there is nothing for the general employees and he thinks they should be i~¢luded some place. Ee thinks this should be tabled until the general employees come up with their cost, so we have a complete picture. Mr~ Eohl replied that he approved and advised that he just got through with the budget and did not know a~ything about this and right at this time, there is no mo~ey. Mayor Zack re- plied that the figure for the survivors' benefit for the Police Dep~tment is $1,t26 ~ud for the. Fi~e Department is $4,~00, but he does not k~ow t~e cost for the general em- ployees. He thinkn we should have all the figures. ~. Caldwell explaine~ how he thought they must consider deli~- eating between the hazardous duties. He explained how there was a difference in the occupations of the policemen,, firemen and general employees. Mayor Zack ~tated he did not want this City to get out of line with their pension plans, but believes what is done for one department should be done for the others. M~s. Jackson suggested they all give this some thought and ~. DeM~rco added that he thought it should be provided for in the budget. Mrs. Jackson moved to table this, seconded by ~. Caldwell and he added that it would be brought up next week at the budget he,rings. ~s. Jackson added that they also wanted the i~formation for the general employees. No discussion. Motion carried 5-0. Consider Recommendation of Community Relations Boar~ Mrs. Jackso~ referred to the letter from the Community Rela- tions Board advising that ~ William H. Miller had missed three consecutive meetings with no excuse and they thought no replacement was necessary because of the size of the Board. However, since then, five people have been placed on the Housing Authority with nine people left o~ this Board. M~s. Ann Miller has volunteered and she lives in the northwest section and is a retired school teacher. ~yor Zack suggested setting up the resolution and indicating the number of people to serve on the Board and Mrs. Jackson suggested leaving the number o~n aud seeing how it works ou~. She also referred to some members not attending regularly. -25~ MINUTES - REGUL~R CITY COUNCIL MEET~G BOYNTON BEACH, FLORIDA AUGUST 2, 1977 Mrs. Jackson moved to accept Mr. William Ho I~ller's resig- nation, seconded by ~. Caldwell. No discussion. M~tion carried 5-0~ M~s. Jackson referred again to Mrs. Ann .Miller being inter- ested. Mr. DeMarco asked how many members there would be and Mrs. Jack, on replied there would Be a total of ten, but they never all attend. Mr. Strnad moved to accept Mrs° Jackson,s recommendation, seconded by Mr. Caldwell. N~ discussion. Motion carried 5-0. M~yor Zack referred to the Community Relations Board re- questing a meeting to bs held with the City Council and stated that their next meeting is scheduled for August 10. ~s. Jack, on suggested that they get together and organize. ~yor Zack s~gested appointing a temporary Chairma~ and Mrs~ Jack, on replied that the people know each other and she thinks they can organize themselves~ Mayor Zack sug- gested appointing ~. Bill Cwynar as temporary Chairman. ~. Caldwell moved to appoint Ne. Bill Cwyn~r the temporary Chairman, seconded by Mr. DeMarco. No discussion. Motion ce~rie~ 5-0. Receipt of Correspondence from Ellis Sarasota Bank - Re~ Certificate of Destruction ~s. Jackson moved to accept the Certificate of Destruction, seconded by ~. Caldwell. No discussion. Motion carried 5-0. Consider Transfer of Funds 1. ~ater Distribution & Sewerage Collection Depts. 2. Fourth of Jul~ Fireworks Mr. DeMarco moved to grant approval of these transfer of funds as submitted, seconded by Mrs. Jackson. No discus- sion. Motion carried 5-0. Permit to Solicit - Leukemia Society of America ~. Kohl informed the Council that the application was in order. Mr. Caldwell moved to grant this permit to solicit, seconded by Mrs. Jackson. No discussion. Motion carried Request of LeRoy E. Ekstr~ud - Re: Cemeter~ Lot ~s. Jack, on moved to grant this request for the remains te be ~moved and the marker be reset, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. ~proval of Bills -26 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~. Kohl read the following bills for approval: AUGUET 2, 1977 5 Ruhin Construction Paving various streets Pay from Federal Revenue Fund 020-895 2,343.17 Rubin Construction Paving various streets Pay from Federal Revenue Sharing Fund 020-895 2,625,49 America~F~eworks~ Inc. FJ_rewo~s for 4th of July festivities Pay from Pahlicity Fmnd 060-887 Subject to approval of trea~sfer I ,468.92 Florida East Coast Railway Paving N.Eo 22nd Ave. orossi_ug per agreement of g/1 8/5 - 2, 68. 5 Pa~lg0~71_2t~ _~o~ossing, per agreement Paving S.E. 5th fve. crossing per agreement 0f 10/5/27- $ 738.00 Pay from Anti-Recession Fu_uds 001-854.35 Pending approval of City Council 3,896.32 Willie Ruth McGrady Services ~or Senior Citizens Club - 2 weeks Pay from budgeted funds 020-880 Ordinance #7~ 15, passed 5/15/73 96. O0 IsiahAnd~ews Driver for Senior Citizens Club - 2 weeks Pay from budgeted funds 020-880 Ordin~uce #73-15, passed 5/15/73 7. I.B.M. Corporation ~onthfy computer rental for July 1977 Pay from budgeted funds 001-890.38 110.00 4,029.00 Russell & Axon 626-681-21-4 #2 Professional services in connection with the revised applicatio~ to delete softening of Water Treatment Plant Pay from Utility General 030-205 Authorization dated 5/3/77 2,132.98 Russell & Axon 626-681-08-3 #10 Consulting services during construction of Water Facilities Expansion Water Treat- ment Plant Pay from Utility General Fund 030-205 ~uthorization dated 5/8/74 5,613.04 MINUTES REGUL~_R CITY COU_~CIL ~KETING BOYNTON BEACH, FLORIDA AUGUST 2, 1977 10. Russell & ~xon 626-681-08-6 #12 5,523.72 Resident inspection ~ud engineering services during construction at Water Treatment Plant ~ud Warehouse Pay from Utility General Fund030-205 11. Florida Power & Light 3,27t.16 upgrading and improving street lighting along Seacrest Blvd. from N.E. 10th Ave. to the north City Limits per Tom Clark 1/t 9/73 Pay from budgeted funds 001-854.14 12. Allied Chlorine & Chemical Products 1,086.00 ~hlorine for Water Plant Pay from budgeted funds 030-811.63 Mr. Kohl informed the Council that the bills described been approved and verified by the department heads involved; checked and approved for payment by the Finance Department; funds are available in their respective budgets. He recom- mends payment of these Bills. M~s. Jackson referred to Item #4 and stated that they have never had decent railroad crossings ~ntil recently, but why do we have to pay for them and ~. Kohl replied that he had received a number of comments. M~. Strnad stated he would like more detailed information about the bills fro~.~R~sell & Axon. Who are they consult- ~r~ with? Why does it cost that kind of money for something ~rawn up and going ahead? Why are these tremendous bills being presented? Mr. Kohl informed him that he had the detailed bills in his office. M~s. Jackson moved to table Items 9 and 10 and pay the rest, seconded by Mr. Caldwell. Under discussion, Mr. Strnad com- mented that Russell & Axon keep sending bills ~ud we keep approving them. Motion carried 5-0. Water Lines ~. Kohl referred to Drexel Properties wanting to put in a water line on Lawrence Road south to the 15th Avenue canal~ and advised that they have to put in 8" and we should put in 16~ and the difference between 10 and 12" per ft. would be approximately $25,000. It must he done sometime an~ he would like permission to go ahead and get bids and deal with Drexel and put in the difference. M~. DeMarco moved to grant permission as requested, seconded by M~. Caldwell. No discussion. Motion carried 5-0. MINUTES - REGUL~Aq CITY COUNCIL ~.ETiNG BOTNTON BEACH, FLORIDA AUGUST 2, 1977 Two Well Locations Mr. Kohl read a letter regarding the wells in the eastern part of the City and stated he would lake to obtain bids and come back to the Coumcil as we need wells. ~. Caldwell moved to grant this request, seconded by Mr. DeMarco. Under discussion, Mr. De~%rco questioned the loca- tion of these wells and Mr. Cessna informed him they were close to the canal and added that they have well studies completed on the property west of 1-95. Motion carried 5-0. Other Mm. DeMarco suggested that it would be in order to send a letter to Mr. Tom Clerk in sympathy in regards to the death of his daughter and Mr. Kohl replied that he would send the letter. ADJOUR~M~NT Motio~ carried at 10:20 P. M. ATTEST: Jackson moved to adjourn, seconded by ~. Caldwell. 5-0 and the meeting was properly adjourned ~ty Clerk Recording Secretary (Three Tapes) CITY OF BOYNTON BEACH, FLORIDA -29- ELLIS ,' At A$OTA BAn TF UsT COMPANY TRUST DEPARTMENT P.O. BOX4295 SARASOTA, FLORIDA 33578 OUR THZRT¥-EZGHTH July 20, 1977 TEL. (813) 366-2580 THIS IS TO CERTIFY THATWE HAVE THIS DAY DESTROYED THE FOLLOWING DESCRz~ED SECURITIES DiScription of Issue: City of Boynton Beach~ Florida Water and Sewer Revenue' Bond Series 1974 Co~pon $6 Due 2-1-77 Bon~ds ~16 thru 930 75 Cpns. @ $181.25 $ 13,593.75 99 Cpns. @ 175.00 17,325.00 100 Cpns. @ 177.50 17,750.00 20 Cpns. @ 181.25 3,625.00 100 Cpns. @ 183.75 18,375.00 15 Bonds @ $5,000.00 75,000.00 $145,668.75 Paid by Ellis Sarasota Bank & Trust Company from 1-1-77 thru 6-30-77. Witness: Authorized Signature Trust Operations Officer ~Archie W. geardVTM ~ Senior Vice President & Trust Officer . MEMBER FDIC AND ELLIS BANKING CORPORATION