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Minutes 07-05-77HELD IN CITY HALL, TUESDay, JULY 5, 197~.. Jo.seph F. Mack,' Mayor Emily M. ~ice Mayor Josepk · Ceunc!!man Tereesa ~ene Moore, Clerk City Attorney Mmyor Zack called the meeting to order at 7:30 P. M. amd re- the soun~ of the gavel for the Associate Pastor, F. Strand. of Allegiance Mayor Eack requested the following agenda additioms: VII. OLD BU$INF~$ _ F. Discuss Water Treatment Plant VIII. EEWBUSI~SS _ D. Tax Rate for ~978 IX. ADMINIStRAtiVE _ I (~) July 4 Expenditures Mr. Caldwell m~¢ed to approve the amended agenda, seconded by Mr. DeMarco. Motion carried 5-0. ~nnouacement__~s Mr. Ko.h/ announced it was with check in the amount of $1~8.. ~regt pt~asure to present ~ See ~o the Clty CouRcil f .... = Minutes o: who ram the booths at the Ju ~ ' - - .~the men and wome ly $th celebratl ore Mayor Zack ~h~w~? worked l~ the bo ~- ~.~aY ~ r~quested e stated they appreciated the amount of mOney--~ralsed,~u~u~-ZHeandadded that they knew it too~ a lot of work and would be going to the Proper category as the library always needs books. then congratulated City Mann and the Cham~er of Com~,~ ~er, Frank Kohl. hi~ ....... e attthe Boat Ramp Pa~k. He added that the City Manager also .... 6,,~Uz celebratio~ h~ld took Care of the weather and the City was ~roud of the affair and congratulated them for a ~ObherWell done. Mrs. Jac adde~ that mary ~eople came t6 expressing their fkSOneelin that it was the ~ost wonderful thing that eve~¥, happened with having gs ~the families together and She appreciated it too. Mayor Zack then referred to reading ~? proclaiming July 5 as Tereesa a Droclamatlon on that he is sure Firs. Padgett ha~ Padgett Day. He state~M~ interesting m~ments, tod , ~ some excit~g and Very half of the C ._ay e then announce W' -- ~Y Ce~%~Cll h ~ d that o~ b - ~ ~aque ~ . o ~n~ a~ Dr ...... she xor her 2~ ~ ..... ~ .~ =~nued aer With See MinUtes of 7-19-77 MINUTE~ - REGULAR CITY COUNCIL MEETING BOYNTON BEACN, ~LORIDA JULY 5, 1977 N~s. Padgett told about telling her family that she should She received many flowers and cards. Everyone has been very great. She then requested her graudchildrenand family to stan~.. She then amnoumced that it has been a pleasare serving the City and Boynten Beach. She appreciates the peoples, thoughtfmlness a~d thamked the Mayor, City Coumcil, and everyone. Mayor Eack then referred to the agenda and a~aeunced if there was audienae desired to speak om to ~me teMrs. Padgett and the City Clerk call on at the appropriate time. Regular City CoUncil Mestin~ - June 21 ~ 1977 Whem called.upon by Mayor Sack, Mr. DeMarco, Mm. Strnad and Mr. Caldwell replied they had no corrections, additions, etc. N~s. Jackson referred to Page 10, third paragraph dowm, third line, and advised that it should be Mrs. Jackson "disagreed". She referred to the last paragraph, fifth lime, and statedLit should he: She referred to Dry. Rayborm say--Clem Dykes of the D~R told him"our water was contaminated. She referred ts the last line and stated it should be: forces us "to put im lines". Mr. ~aldwell moved to accept the mimutes as corrected, seconded by Mr. DeMarco. Motion carried 5-0. PUBLIC AUDIenCE Mr. Floyd Va~Deuse~, 227 N. E. 22nd Avemue, appeared before the City Council and told how it seemed like a lot of drivers in the City were ignoring warning signs amd told about a par- ticular incident involving a me left turm sigu. He them told about speeding on 22nd Avenue and how cars raced side-by-side. He then referred to 4th Court and told how a flooding situa- tion was created when it rained and suggested that dry wells be installed. He then told how the Sanitation Department emptied the garbage cans -and set them on the edge of the road with the possibility of having them hit by cars. He stated he would appreciate anything which could be done. Mayor Zack requested the City N~nager to make ~ote of these items and Mr. Eohl replied that he would and added that he had taken care of some of them. Mr. Harry LaForte, 2152 N. E. Ist Way, appeared before the City Comncil an~ stated he would like t~ ask ~r. Strmad a · ew questions. He referred to about two months ago when Mr. -2- ~INUTES - REGUL.~R CITY COUNCIL MEETING BOTNTON BEACH, FLORIDA JULT 5, 19?7 Strnad asked the City Attorney to send im his resignation in reference te the Village Royale on the Greem case and Mr. Etr~ad replied that he did not remember that. Mr. LaForte asked if anyone on the Council remembered this and received mo res~)~n~e.m He asked if Mr. Noore remembered this and Mr. Moore replied that he knows Mr. Strnad has asked for his re- signation en several ec.casioms, but he di~m't recall the t~e grounds that it may that this i~ right as~ Mr. man o~, this Ge~mcil and Hack requested him to keep ~r ~ LaFerte stated Strmad has been mothimg but a yes Joe May~r hi~ house im 19~3 his ewm ma~, bm~ Joe DeLeng He added that Joe DeLeng Mr. ~trmad re- plied that he put amythimg em~ the agenda for momths and he thinks M~. LaForte is kicking a dead horse. Mr~ LaForte agreed he was a dead horse. Mr. Vincent Molls, ~mer ~f Smokey's Nharf, appeared before the Co~ucil and stated that he has some local problems at the restaurant. He did mot k~ew he was to ~e o~ the agenda, hut his maim reason for being here tonight is to tell about tryin~ to ohtaim cc Re advised his and the aatie~ by the filmed i~ hle~s. by mistake. strictlY of b~ilding permitaan~ heimgrefused. in reference to the Two Georges the eu~ abOut it was i~te. also sncs~ered the same pro- A~justment their de¢isiem om a was illegally issmed or action also like te kmow abomt him this womld be ~ther they weald want that there was the He believes Mr. informed him that LE~L Ordinances - 2nd Readim$ - P~blic Hearin~ Proposed Ordimance No. 77-17 - Re: To Pre~e for 'Establishmemt ~ Crematoriums Under C-~ ~enin$ Mr. Moore read propose~ Ordinance No. 7~-17 by caption on second reading. -3- MINUTF~ - RECUR CITY COUNCIL MEETING BOYNTON BEACE, FLORIDA JULY 5, 1977 Mayor Zack asked if suyone wished to apeak in favor of this ordinance and received no response. He then asked if anyone wished to speak im opposition to this~ ordinance a~d received Mrs. Jackso~ moved the adoption of Ordinance No. 77-17 on second a~d final reading, seconded by Mr. DeMarce. No dis- cussiom. Mrs. Padgett took a roll call vote as follows: Cou~cilman D~eMarco Ceuncilma~Caldwell ~or Zack A~e Aye - Aye Motion carried 5-0. Ordinances - Ist Readin~ NONE Re s ol~i Proposed Resolution No. 7?-JJ - Re: Requesting Board of County Commissioners to Provide Funds for Swimming Pool at Atlantic High School~ Mr. Moore read proposed Resolution No. 77-JJ. Mr. Caldwell moved the adoption of Resolution No. ?7-JJ, seconded hy Mr. DeMarce. Under discussion, Mrs. Jackson commented that this would make it fair since-half our child- ren go to Lake Worth High School where they have a swimming peel, this will make it equal. Mr. Caldwell added that hope- fully with the completiom of th~ next high school, we won't have that problem. Mrs. Padgett took a roll call vote on.the motion as follows: Vice Mayor Jackson - Aye Councilman Strnad - No Councilman Caldwell - Aye Councilman DeMarco - Aye _Mayor Zack - Aye Motion carried 4-I. Other Consider Receip~ of Correspondence Smodish - Re: Earl Pratt Law Suit from Hon. Michael P. Mr. Moore referred to receivinga letter from Mr. Smodish advising that oral argument has been set for ~eptember 15. MINUTES- REGULAR CITY COUNCIL fETING BOYNTON BEACH, FLORIDA JULY 5, 1977 F~. DeM~rco suggested tabl~_ng this until something further happens. N~s. Jackson referred to the date ~eing set by the courts and ~he Oommcil having asked to have this held in abeyance and stated if EPA decides we do not have to go ahead with lime softeming, thi~ case would be moo~. She See Minutes asked if this could be postponed and Mr. Moore replied that o£ 7-19-77 it has been postponed once and it will keep being rescheduled if postponed. Mrs. Jackson stated she didn't want to lose by default and Mr. 'Moore replied that there~we~etwe months before this comes U~ a~. he does not thi~k they have to act atOnight.~ ~. DeNaree clarified that it would be keepikg~ im Bey~nce by tab!~. Mr. Caldwell stated that if this ~ouncit choses to cir~um- v~n.t ~he lime sol. terming process, then the sumt~w3aich ms agaAUst the City would ~e .,~moot. He then asked if at some future date the EPA or DER should i~sist the City install lime softening, could the City be held liable for an act forced upon it by another regulating agency and Mr. ~oore replie~ that the majority of the City Conmcil have taken the positioA they do mot wamt lime softening iustalle~, which is similar to the case. Mrs. Jackson suggested strik- ing this f~om She agenda. M~yor Sack questioned what woul~ happen to the case if EPA or DER says we must use lime soft- ening and Mr. Moore replie~ that would be something else, as it would be two completely indepeAdent matters. A citizeA b~o~ght this s~it. Ne thinks DER has said lime softem31ng See minut( of 7-19-77 they are now taking and it is o~er two months ~util %his is scheduled. Mr. DeMarco asked wheSher they shonl~ table or scratch it from the agenda and Mrs. Jackson replied if we are forced into it, Pratt doesn't have a case and if we don't do it, we dom't have a ca~e. Mr. ~oore suggested leaving it o~ the table. He explained how Mr. Pratt must show some issue of fact and at that point, it could be sent to a trial court to decide whether lime softening is necessary. M~s. Jacksem moved to table this, seconded by Mr. De~rco. Motion carried 5-0. PUBLIO HEARING For the Purpose of Hearing Objectors, if a~y - Re: Assessment Roll in Connection with Street Improvement~of E~. Eo 3rd Street Between g. E. 21st and 23rd Avemues and the Amount Thereto ~. Moore informed the City Council that this was one of numerous public hearings which has to be held regarding -5- MINUTES - REGULAR CITY COUNCIL M~.TING BOYNTON BEACH, FLORIDA JULY 5, 1977 assessment on property owners for street improvements. This is one last point of equalizing the rell after the second reading of the ordinance to give anyone an opportunity to object regarding the fairness of the assessment. Mrs. Jackson asked if the people on the list had been noti- fied and Mr. Kohl replied that letters were sen~. Nfs. Padgett added that a copy of the notice was sent to all. Mayor Zack asked if amyone wished to speak either for or against this partic~lar item on the agenda and received response. N~. De~co moved to ratify and confirm the assessment roll eatahlishmd pursuam, t to ~rdimance No. 77-13, seconded by Mr. Caldwelt. Under discussiom, Mrs. Jackson referred te people mot being present to speak and Mr. Moore explained that this was about the fourth public heariag held om this item. ~rs. Jackson referred to another case when somebody came back be- cause they felt something was being put over on them and skated she thought the people should come. Mrs. Padgett then took a roll call vote on the motion as follows: CouncilmamStrmad - Aye Councilman Caldwell - Aye Councilma~DeMarco - Aye Vice Mayor Jacksom - Aye Mayor Zack - Aye Motion carried 5-0. Other (Cemtimued) Consider Execution of Two. 9~it Claim Deeds Mr. Eohl referred to copies of the Q~it Claim Deeds submitted for their approval and executio~ and advised that these ease- ments were previously recorded, but are not beingusedby the City. This matter was cleared through the City Engineer,s office, Utilities Director and the City Attorney. He requests approval. He read the legal descriptions as follows: The W 5' of the E ½ of Lot 12, Central Park, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in Plat Book 12, Page 12, of the Public Records of Palm Beach County, Florida. The purpose of this deed is to relinquish ~easement grant, recorded in Official Record Boek I046, Page 469, of the Public Records of Palm Beach Couaty, Florida. The W 5' of the E½ ef Lot 11, Cemtral Park, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in Plat Book 12, Page 12, of the Public Records of Palm Beach County, Florida. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1977 The purpose of this deed is te relinquish easement grant, recorded in Official Record Book 1046, Page ~69, of the ~bli¢ Records of Palm Beach County, Fla. Mr. Caldwell moved the enforcement of the Quit Claim Dee~ and requested the Mayer to sign them, seconded by Mr. DeNarce. No discussion. Motion carried 5-0. OLD B~S iErE~S Consider Recemmendatiom from Eon. Gene Moore, Re: City Attormey Mayor Eack referred to the last meeting when the Moe~ies were discussed at length and advised that he thought it would he appropriate at this time te give reasons why we denied the application from them. Mrs. Jackson stated ~hat she feels they are more commercial than religious~ They applied as a charckand she does not agree. Mr. DeMarco $~ated that they are not tax exempt and it is questionable whether they are a religious organization. Mr. Caldwell stated that he must admit that he took a coward's way out. His reasons are ia considering the City as a whole. Tkis~particnlar action lays the City open to a possible rather lengthy and expensive court battle. He thim~s the Moenies have more money to fight the issue than the City does. Also, he thinks the City ha~ within their mea~s a vehicle to insure that a~ actions be kept within the ordinances and laws of See M~nutes the ~tate, Cennty and City. He thir~ks we may have acted of 7-19-77 hastily. If we were to grant the particular permit and them should we receive complaints from the pop~lous, we have every right to rescind the permit~ It might he aa expedient means and be popular with the people not to issue a permit, but he feels regardless of the we ea~not d.~y~O~$ reli- gious free,em. It is in the of Rights ~ was,~ im- portant that the founders of this Nation pat it iA the stitution. He referred back to. the daya when they had reli- gions persecutioA. He wishes the Council would give some serious~consideration, to. wha.t they are able. to do apd what possibly they are exposmng this fine City andcitizens to over such a trite issue when they do hav~ the ri~kt to ~ssue a cease and desia~ order i~. the~ ~nificatio~ ChUrch a]iemmtes the people, ,PleaSe rece~de~because their comnsel is look- ina closely at what we are ~aying tonight, M.a~yor Zack re,tied that he believes Mr. Kohl did grant a per- mi~ and received calt~ in to harassment. Mr. DeMarco added that this was ~ C~ldwei1 stated that an not issued, but a -7- MINUTES - REGUL&R CITY COUN¢IL ~ETING BOYNTON BEACH, FLORIDA JULY 5, 1977 letter enly. He added that if what Mr. Kohl issued to the Moonie~ was indeed a permit, then their rights were violated beoamse there was ne public hearing. Mr. DeMarce disagreed and stated when they harass people, they de not Belong here. Mr. Caldwei1 agreed, but stated this was not the point as we have certain mechamics met up i~ the charter to take care of this. Mayor Zack stated he thinks one of the reasons for the action the Gouncil took is because of the group'~ activity and fund- lng £~or commercial purDo~es~ ~e thinks these are reasons which shomld be listed for denyin~ theap~licatlon. Mr. Strnad asked Mr. Moore if we were ia any way liable for ' our actions and Nfo Moore replied that they acted is ategal c~pacit~. He told abe~t Boy~te~ Beach not being the only town where this. particular group was having tro~bleo He snggested that the Council i~duce the citizens te smbmit to this gro~pf~eing de~ied permits. Mrs. Jackson moved to stick to our guns.which we did at the last meeting and not alle~ the Unificatmon Church to have a permit for ~he reasons motion. Under sons ~o be listed wanted about also to the articles, in a roll call vote on the ~r, DeMarcesecended the requested the rea- .that this group He told ~ferred again ~rs. Padgett then took Councilman Caldwell - No C?uncilman De~mrco - Aye ¥~ee F~y~or Jackson - Aye Couaci~a~.Strnad - Aye Eayor ~a~ - Aye Motion carried 4-1. Consider ApDointment of Five Members to Housing Authority (Tabled) ,Mrs. Jackson referred te ~ot having the enabling resolution to appoint a Honsing Authority and Mr. Moore replied that it was referred back to ~. Kehl for more ~"~3~pmt. Mrs. Jackson stated she thought her motion was to scratch this from the agenda, Mr. DeMarco moved to take this off ~he taB~e, seconded by Mayor Zack after he turned the gave± over ~o Vice Mayor Jackson. Motion carried 5-0. MINUTES - REGULAR CIT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1977 Mr. Moore referred to having submitted the resolutiom £or adopting and declaring a Housing Authority im the City pur- s~t to Section 421 and Mrs. Jack, on read from the previous mimutes when she had moved to strike thief rom the agenda. She aaked how they could appoint a HOmsin~ Authority they have mot passed the emabling resolmtiomo Mr. Eeore elarified that the ~ they wanted a lng Authority under 421. Mr. DeNarco referred to gi~ing this co~sideratiom and stated we o~ our people like.we could with goi~gl th~mgh each Ce~cil member appoimt- lng a member tO could kee~an eye on this. co~es. DeN~rco asked if Mr. Kohl stated he would hate to stop a~ £or rent. and ~e~ help. Mrs. Jackson moved to put this resolutioA backom the table. ~. Caldwellstated he was mot sure he ~ude~tood what was going on and M~vor Zack clarified that they~ de mot have a resolution and carnmot appoint a Neusi~g Authority, Mr. Galdwell secomded ~he motion. Nr, if the Council would have second tkoughts ef ~ goimg through the Co~uty and Mrs. Jackson rep~ie~ that she would like to see the ethersugge~tiom ~st and them make up her eri~imalmotion must Mr. Caldwell stated that it was remove~ from the table ~ and mew is being put back o~. and is now being put Eack suggested Agenda for the they must determise imvestigation to adept The q~ N~. Kohl and him lng would like they have make a dec requesting reis te go that would be fair to it was str~ken Mayor a re~olution drafted t~ be pu~ on ~he Mr. Moe~e informed them that go under421 or continue the ~nt~2~. The~e is a reselmtiom to ~as str~en. the agenda. ~r ~1 er have ~have a Eous- t~t she t~t e ~d~st a spewer he doesm~t thi~ ~. C~dWell -9- MINUTES - REGULAR CITY COUNCIL MEETIN~ BOYNTON BEACH, FLORIDA J~LY 5, 1977 stated that he did not like 421. Mayor Zack s~tated he wanted i~formation on beth. Nr. Caldwell stated if we have am alter- native to do it ourselves an~ circumvent the problem, he would mmck rather go with a revocable Bod~. Once the Eousi~ Auth- ority is created under ~21, it is forever and it sca~es him because it takes the power out of the elected officials a~d puts it in the hands of ap~inted people. Mrs. Jackson agreed this was her opinion sad she still wants to W~ow more about doing it ~nder EUD. Mayor Eack calle~ on Mr.~ Strnad for comment and _Mr. Str~ad stand clear an~ he di~ not wa~% to ~is~a~d th6 DeMarco stated he thinks a was. ~ He then aske4 whi~. one ~as through Palm Beach County a~d Mr. Kokl replied that 42t was and he suggested that the Oou~cil make up their mi~s which one they wanted te get iavolwed i~. ~r. Caldwell m~wed for further inaestigatioA hy the Uity Nana~er and Cit~ Att~r~eI t~to the viable altegnative going ence referre( her thedate was last Friday. Mrs. Padgett them took a roll call vote on the motiou as fellows: Councilmsm DeMarc~ Vice Mayor Jacksom Councilma~$trmad Gouncilman Caldwell - Mayor Zack - Ne - Aye - He will not change his sta~ud from his original statement an~ since this particular motiom is to further explore the type of hous'~ig authority he wanted in the Beginning, he will ~ote Yes. Mayor Zack informed him t~at this was not and Mm. Strnad replied then he ~.ot. ed Ne. Aye Motion failed 3-2. ~. Kohl informed the Council that he had to know for the next agenda if they wanted to have a resolution establishing the need for a Housing Authority. Mr. DeMarco made a motion to go along as we originally plarsaed with 421, selecting five members and assuming and knowing we have control through the Building Department and City itself. MINU~ - REGUI~ CTTY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1977 M~. ttrnad seconded the motion. Under discussion, Mr. Caldwell stated he didm't thimk they could do this; they must have HUD or a Eousimg Anthority through the Sta~e ttatutes~ Mr. DeMarco l~formed him that 421 was thremghMr~ tea,~. Mr. Caldwetl stated that omce this Homsi~g Amthoritywas created, we give Padgett then took a roll call ~ote om the motion as follows: Vice Mayor Jackeom - No Co~cilmau ttrmad - Aye Commci!mam Cal~well - No Commailms~ ~eMarco - Aye Eayar Zack - Aye Motion carried 3-2~ Mayor Za~k referred to.needing a motion ~o.have a resolution prepared for the next meed-lpg..' Mr. Moor~ sta~d he was rea~to readthe reselution he had pr~pare~ earlier. This resolution declares the need for an Authgrity a~d empowers~the Commissioners smbsequent to appointment. M:rY De34arco moved to read the reso- lution, se~onde~ by M~. Strnad~ Motion carried 5-0. Mr. Moore read Resolutio~ No. 77-KK. Mr. DeMar¢o moved the adoptiom of Reselutio~ Ne. 7?-EK, seconded by Mr. ttrnad. Under discussion, ~. Caldwell requested them to reconsider amd Mr. DeMarco replie~ that he had. Mr. Oal~well referred to creatimg a Housimg Authority with no control by the Coun- cil and also the ramifications which the Federal Government places is just mind boggling, Mr. DeMarco informed him that he was against it originally, but followed it through ~eels he has ma~e the correct decision. Mr. Cal~well asked what changed his mind and Mr. DeMarce replied that it has takem too long and people need the rent subsidies and he does mot wa~t them to lose out. Mrs. Padgett them took a roll call vote on the motion as follows~ Councilma~Strnad - Aye Oouncilman Caldwell - No ComncilmanDeMarco - Aye Vice Mayer Jackson - No Mayor Zack - Aye Motiom carried 3-2. Mayor Zack referred to comsidering the appoimtment of fi~e members to the Housimg Authority~ Mrs. Jacksom moved to take this from the table, seconded by Mr. Caldwell~ Motiom car- ried 5-0. Mrs. Jackson referred to Mr. DeMarco's suggestion for each Council member to appoint one member and Mr. DeMarco replied this was part of his motion and he believes it should be -11- MIA~JTES - R~GULA~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1977 carried out that way. However, he does not care to make the appointments tonight and would like to study it further. Mr. Caldwell clarified that they would be voting on each recom- mendation and Mayor Zack replied they would have to. Mrs. Jackson then withdrew her motion a~d Mr. Caldwell withdrew his second. Consider Appointment ef One Desigaee and O~e Alternate to com~mnit~ Actiom Council (Tabled) Mrs. Jackson requested to explai~ further about the qualifications and alternate and Mr. Kohl inf, come from. the poverty area. ~%De~Marco stated t~h~ihedid not have amysne in mind. ~ms. ~ac~se~referred to Oris~alker being~entioned, but he does not live~ia the poverty area. Nr~ Str~ad s~gested Norma~Handsand Nr. Kohl replied that he works for the Ce%mty and this should be considered. Consider Offer te Purchase Pre~ert~i~Suttom ~-or (Tabled) ~. Kohl referred to this item being, tabled at the June 21, ~977 meetiag and advised that he contacted the owner of the property adjacent te the two lots offered ~yMr. Andrasko He mndicated~imterest in selling these lots, ~ut wanted t~ discuss the matter with his attorney and acceuntan, t before making a final decision. As of this date, he has ~ot as yet heard fromm. Consider Site Plan Approval for Office Complex, N. E. 6th Ct. Between Ocean Avenue & No E. 2nd Avenue (Tabled) Nrs. Jackso~ moved to take this from the table, seconded by Mr. DeMareo. Motion carried 5-0. Mayor Zacka~ae~nced he requested this te be tabled at the ~ast meeting t? Eet some information and requested the City ~a~er a_~d Bu~Iding OffiCial to make arrangements for a meeting w~tk DOT i~ regards to this~ H~ then requested input from the Mr. Ksh~ informed the Couacil that he contacted D~Tan~ ~ to Mr. Keati~g and a letter was written stating the facts as far as DOTis csncer~ed. He re- ceived a letter from DOT requesting a meeting witkMr. Mosre, wh~ owns the property. Whe~ he received the letter, he called Mr~ Moore and asked him about meeting with DOT and Mr. Moore said he woul8 get in touch ~ithMr. Geodk~ight. Mrs. Jacksea referred to Mr. Kaehlert having stepped in in ~he meantime and trying to downgrade the four la~i~g of the ~r~dge to two lanes, whioh shows there ~s some dealing that perhaps we should wait and mot take their word. They kaow DOT will take their time and possibly will change their minds. She thi~ we wo~d be doing a disservice in trying. to delay something. -12- MINUTES - PJEGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA J~LY 5, 1977 Mayor Zack reqmested the City Attorney te report whether there was a meeting and Mr. Moore replied that Mr.~Nerbert Adair, the Technical Advisor, had requested to speak. leeks like ~ot the the Mr. Norbert Adair, 676 Oceam Avenue, appeared before the ~ouncil. Ne read the attached letter dated Jmme 28 from the Florida Department of T~ansportatiom. He stated that DOT did not know what they were going to de yet. As seem as he received the letter, he personally made two phone calls to Mr. with his persomal seere- the ~ay. Mr. ~od- have the courtesy the call~. It Mat a~d mouse and it is ereEore, he requests MrSr. Jackson stated she thimks until DOT has an order of taking or at least have made a deposit, there is ne assur- ance of what they are going te do where or when. Mrs. Jacksom moved to grant site approval nntess~ withim the next week there is am order of taking. Mr. Adair informed them that it has already cost him $25,000 with the two weeks delay. He has complied with everything imthe City code and does not s~e any right to hold him up. Mayor Zack replied that he did net thimkamy member of the Council wanted to keep amything away from a developer. They did ask for a meet- ing between DOT amd the developer, so there would mot be a hardship ~n the future. Mr. Adair questioned their reason for not returning his calls. He believes they do not k~ow which way they are going to ge and they don't want to get tied in a comm~ tment. Mayor Zack ~tated he believed Mr. Goodknight was on vacation and Mr. Adair replied that he was informed Mr. Soodknight was in a meeting in Tallahassee the day he called. Mr. Kohl stated that he was told Mr. Goodknight was on ~acatie~. Mr. DeMarco stated that at the last meeting, we agreed to wait two weeks and that is past and he will go along with Mrs. Jackso~ a~d second the motion.. Mrs. Jackson clarified her motion was to grant this as we de ~ot know when they will issue an order of taking. M~yor Zack stated that when something like this comes up, he would like the City Attorney not to present it. Mr. Moore replied that he would take this~comment im geed faith, but if they had taken a look at the project, he does not thi~k there would be any delay., He does not think there has been a conflict o~ interest as he has done everything required by the City. If he is to be restricted becanse he works for this Council to develop property withim the town in strict accordance with everything here, he does not -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1977 think it is>~proper. Mayor Zack clarified that he was not against ~he developer. He referred to the Planmiag & Zoning Board and Community Appearance Board having approved the plans and ~. Moore agreed the plans have been approved right down the line and also the plans have been compli- mented. Mrs. Jackson added that a member cf the Community Appearsmce Beard had called her and commented that it was probably the nicest ~roject which was presented. Nr. CaldWeI1 clarified that the prej, ect was started in good faith Drier te the DOT's intent and Mr. Adair agreed s~mrted Before they held the mee%ing~ Mayor that there ~as a l~tte~ Jmme letter was dated wa~t anyone u~e'd his p~inted out that hy DOT. Mrs. U~er tify ,~t was and ~he last he di~ not It has now been the ~ ! ~eau- Motion carried 5-0. Discuss Water Treatment Plant Mrs. Jackso~ stated she would like the record set straight since there has been a lot of discussion about this.~ Back ia ~976, the Council awarded the bids for the water ~lant and she read fromlthe minutes of the Jam-aary 30, 1976 Special ~eetingverifyingthis. She then read Mr! Reed's statements in reference to there being a legal questmon and the bids were rejected. ABout May or June, we bega~;~etting objections tb the lime treatment and she read a letter dated June 28 f~,om Dr. Robert Raybcrn regarding the lime softening being d~trimental ~o the' healtk. She then read from the~m~utes ~f the Special Meeting ef June 2~ when the Council requested She Consulting Engineers to demand DER te state i~writing e~actly what,~heylwant and to state unless the regnlatio~s a~e fellowed~ a _-!~m~jt will not be issued or we will go ahead wi~out~lime Sof~eni-n~ ~ She then read a letter from Dr. See Ray orn dated July 1 Withdrawing his objection to lime soft- Minutes 9~ based 9~ statements frem Nr. Glen Dykes. At the May of 7-19-77 3~, 977, meeting Mr. George Russell of Russell &Axon stated we have never had any cases~ of viruses or Bacteria in cur water which was verified by, Mr. Perry Cessna. She then read the letter which was supposed to be the definite mnswer from -14- MINUTES - REGUL&R CITY COUNC~ MEETLNG BOYNTON BEACH, FLORIDA JULY 5, 1977 DER advising there are only two acceptable means to provide adequate protection and the lima softening approved is one of the acee~tab!e type~,~ She them read from the minutes o£ the July 6, 1976, meeting when this letter was road and di~- See cussed. ~e ~ise read the motion made at this meeting award-Minutes Jug the bid for the lime eq~Dment Eer ever $~,000,000. She 7-19-77 stated because ef some things said at this meeting, she placed a notarized statement in~ the central file and she them read ~ The statement reforre~ to N~yor DeLo~g net and made re- water was ~ a~d she read a few ~ tence pe=tmlming to thi~. She people could not m~e a dec~ie~. ~len She ~he~ referred to the~las.t two years by the in and smmmar- ~h~ease. Ehe road the Dei~ed out Mrs. Jackseh Beach last we~ that the witz memo then referre~ to a meeting held in Nelrsy the sef~e~i~ ~f water. She stated One is 'the Berko- ~uate amd do not e~ther on ~ite er i~ ~i~ed that ~he mot memo actually i~ ne lemger for adequate ade- removaI · ad- ha~e le~,a at. the ~d, the t k~ow Dykes amd t leek we does ha~e to use lime us an alternative the~ moved to have Mrs. Sue the he~ held imDe~ and Mr. ~rnad st saya to lime csagulatiom~ The advice ef the engineer~ was mofteming, which we voted on and i were not told by someone ~gher up to p~ verba- our us we gave use lime If they -15- MINUTEE - REGULA~ CITY GOUN¢IL MEETING BOYNTON BEAGH, FLORIDA JULY 5, 1977 then they were im error and he does not th~k they were im, error. He referred to Mr. Milton Nallmam smd Nr. Joe Swam hei~ present amd requested them to verify the fact they had two ways to ge. Mr. Eallma~ came before the Commcit and agreed this was fact at that particular t~m~. He stated he thought Mrs,. Jacksem had made am excellent presentation of the facts ef the past history, He clari£ied that at that particular time, they had a letter from the Palm Beach Coumty Eealth Departmen~ defi~iug mem~ amd the methods te meet it. He has, stead before this the it+ At that time, ~hese were the two acceptable m~thods and ~elle~ out hy the Palm Beach Coumty Mrs, Jackson stated that there was never a case of virus or bacteria im our water amd ~. Hallmam~ replied that as far as their research and records, this i~- tr~e and they cam omly go hy what is documented to them~ Mr. Strnad thamked Mr. Hallm~'°and state~ that he wanted to get across te Mrs. Jackse~ that we had two alterma~emetho~s and lime sefte~img was the oAe chosen. That is what he ~ase~ his vote on. At that par~ there was no relinquishing from the lime That is why we have geme this far along on it. Mayor Zack asked what the motion was a~ Mrs. Jacks~m replied that it was ~a request for Sue Kruse to make a verbatim ~rams- cript of what was said at the Delray Beach meeting because she feels a great deal applies to Boy,tom Beach. Mayor Zack asked hew the e~ipmemt tied im and Mrs. Jackson replied that her metiom di~ not have anything t~ do with that. May~r Zack questioned what happens to the revemue bomds which have heem picked ~p by someome? These people have ce~tracts and what is going to happen with the cost? He persomally feels the eGuipment should be imstalle~ and ~passed. We don't have to use it. Mrs. Jack, em replied that she was going to bring that up aEter this motion was acted upon. Mr. Caldwell asked how come they were mentiomimg surface water and ground water, as~ we are not using surface water amd ~. Hallmam replied that groumd water and surface water are different. He explained hew surface water was like a lake and ground water percolates in the ground and is re- covered by the well system, which are the major systems in Palm Beach Oounty. He explaiaed how he was tryimg to break down the tec~ical terms, He advised that they received smother report to~ay £rom DER recommending lime softening to accomplish the opposite of what was said. He stressed that he was trying to provide techmical information, See Minute o£ 7-1R-77 Motiom carried 5-0. -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1977 Nr. DeMarco asked if Mrs. Jacksem was recommemdimg te possi- bly in~tall this equipment simce we beught it and leave it imactive m~til they say put it to work and Mrs. Jacksom re- plied that is what she feel~ we shoul~ do.. Mr. DeMe~co con- rimmed that he doesa't cemdem~ these two people, but we de have this now~<~and could possibly have saved $2,000,0G0. Mr. DeMarce moved to comtimue with the plant a~d put in the equipment, but bypass it ~atil we have to use it. Mr. Caldwell Umder ~. Moore asked if ~s eral contractor ~d ye~ ~. ~eore a~ed if there w~ ~o de~latiom fr~ She centrac~ aw~ded - ~e da~ges ~ ~. H~l~ replied t~t he t~ke~ ~e ~e ~ he h~ ~ecm~ 4~es ~ the oE cemtraeter ha~ placed a lo~ ef vacatie~ er on ether je~ ~ ~ leave there. The e~em%ractor said he had that amount of damage and kep~ it at am absolute mimimum. He has mot s~b- mitted am invoice. Mayor Zack clarified that the motiem was to install all equip- ment im regards to these contracts and bypass lime softemi~g and asked if the rsmgh cost was between $5,000 to $10,000 and ~r. Eallma~ replied that they have amended the applicatiem to DER and i~ bypassing, they are talking aSout operatimg the treatmemt plan~ as an irom removal plant. Mayor Zack asked what it wo~l~ cost if they received a directive from DER te install the lime softeming a~d Mr. Hellmam informed him it would omly take the installatiom of lime imto the hoppers and feeders. Mayor Zack cIarified that the cost would be the same and Nr, Hallma~ agreed because the equipment would be there. Mr. Hatlmam reqmested the Ce~cil to dilligemtly pursue the operatiom of the plant im the m~_umer suggested and comtact DER advisiug of this and suggested that they not wait for DER to come back and reqmire this. ge expl~ed how there were certain respo~r~ibllities to be handled in accordance with the new law which went into effect om July ~. Mr. Str~ad asked if he was t~lling them to proceed the way we are told by DER and install the lime treatmemt eqmipmemt ~ud put in lime softening and Mr. Hallm~n replied: mo, amd clarified that they should put im the e~uipment ~ut seek a ~arianoe from DER and EPA to operate as a~ irom removal plamt. Mr. ~oore asked if the material was installed, could they contuse te operate the equipment effectively and .Mr. Hallmmm replied that i~ was a deviation ~rom the application, ~hut -17- Glenn Dykes MINUTES - REGULAR CITY CO%~CIL MEETING BOYNTON BEACH, FLORIDA J~LY 5, 1977 explained how it Ceutd he accomplished. Mrs. Jackson asked about the aerator and Mr. Eallman informed her it would Be removed to put in the mecha~ical~qmipment~ Mr. Strnad stated we would have to get a megative ~uswer ~rom DER as they would mot have to tell¥~s tc mss it Because they have already told us. We are mot doiug what we were told to de to Begin with. Mr. Hallman clarified they needed to seek a variance i~ the operation sE the plant due to the fact no bac.teria euthreak was ia the water. ~otion carried 5-0. Mrs. Jacksom asked if it would Be a good idea to have Mr. Hallmam amd Nr. Moore go to Tallahassee and see Mr. Lamders,~and not Mr, te see~whether this could be h~rried up. ~r. Eallman agreed See this would be a good idea. Mrs. Jackson also suggested get- Minutes ting an expert witness to go along, Mr. Str~ad s~mggested the 7-19-77 to go amd Mrs. Jackson replied this was his problem. Mayor Zack suggested that ~hey make the arrangements and get i~ touch with the Cm'ty. Mr. Eallman agreed and ~tated he would he i~ .in.g fora ifmthe st promise. V we did mot want to install Whe~ it is completed, it will · pplica%iem should Be amended ask- use the method. He needs to kaow ~o~ncil hack thisregnest for a variance t~is. Mr. DeMarco working out acom- ~M~s. Jackso~ made a moti~n to send the fo~r people a~is- cmssed, secomde~ hy Motion e~u~ried 5-0. ~er Back adde~ that they should also i~clude ~ Utilities Director a~d the~memBers agreed. Mr. Caldwell state~ that he attended the Detray Beach meet- ing and they were in similar m~d with ~s,. Inasm~&chas the City of Delray Beach is close to us and in a situation very similar, he suggests we~ might consider wor~i~g i~ conjunc- tion. It may be ~etter te have Both cities fighting for the point. He thinks we a~ht te offer to work with the City of Delray Beach om this Pa~tic~lar plan when we come to a d~fi- ~ite decisien. Mayor Z~ck replied that their pla~s are dif- ferent in that we 8~e involved and~ ~e have a contract. Mr. Caldwell stated that the issue is the same. Mayor Zack pointed out that we are ~mder contract and Mr. Caldwell stated that the point is if Beth cities Work together, they Would probably have het~er results. Mrs. Jackson told about Mayor Scheif!ey speaking to her after the meeting and men- tioning that he hoped t~ey could work together. ! / NINUTES - REGUL~ CITY COUNCIL MEETLNG JULY 5, 1977 BOYNTON BEACH, FLORIDA Mr. Caldwell moved to work in conjumction with Detray Beach as discussed, seconded By N_rs. Jackson. Motion carried 5-0. BUSINESS Consider Local Public Works Grants - (Economic Development Administration) Mr. Kohl referred to receiving input from the admi~istratlve stale re the expenditurea o£ the above grant. I~ ad- would also like to i~clude $~20,000 for the Palm SChool BOard to £und a likrary media £or the ~.choOl here in the City. Ac¢ordimg to the $~e¢i- Development Administra- tio~ School district s_n~ city/coumty government pre- ~e~ts~snB~tte~ without a ~oln~ priority list will be selected after all other a~plicatiens have Been processed. The he aignificant~ I~ is, therefore, ~ol district and government officials of ne~ also has a list o2 the other projects. quests. Council,s concurre~with hi~ Mr. DeMarco asked if ~ and Mr. no and read the ~yEDA. Mr. ferred to he would much Mr.. Kohl replied they included. · re- Kohl replied: DeMarce re- stated ~ i~ and take the chance it would not be ~yor Zack told about di~gussing this with Congressman Paul See Minute Rogers and being requested for the Council to give this com- off 7-19-V sideration. He added that Delray Beach amd the County have contributed. He does not thimk it is out of line as long as it remains in the City ef Boynton Beach. Mrs. Jackson suggested they £ind some w~y to do it if the school taxes could be lowered. Mr. DeMarco stated he still thought it would he better te do it through the local library. ~ayor Zack explained how it was hard for the school children to come to the City library during the year. Mr. Caldwell stated that we have received a couple letters from the School Board about every project Boynton Beach wants to accomplish stating it is not one of their top priorities. He thinks the citizens of this commumity should take note whe~ it comes time to elect the people to the School Board, The City is trying hard to cooperate with the School Board, but he questio~ whether the School Board is cooperating with u~. Let's give the School Board their money. -19- MINUTES - REG~ CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA J~LY 5, 1977 Mr. DeMarco referred to the figures listed and pointed sut that half of the whole amoumt was for the library and he questioms whether this could have been re-appropriated. Mr. Caldwell moved ts go along with the City Manager's recommendatio~ to include $~20,000 to be paid to the$choel Board for installation of a media center at ~heForeS~ Park School. Mrs. Jackson seconded the motion. Under discus- sion, Mrs. Jackson asked if we were geimg te be asked te give momey for amother school and Mr. Kohl reD,ed that he did not know. He adde~ that the EChoel Beard did apply back ia the first round ef the grant~ ~or this school and Beynton Beach received money ia this ~ant f~r thisscheel. The if we g~ ~r. a~ked if See we ~nd Mr. Kohl Minutes o explained ho~ the EDA leeks applications a/id t~a~emthe 9-19-77 fia~ say Mrs. Pa~gett ~hen %eek a roll call ~ote 0~ th~ as f~llews: Councilmam Galdwell - Aye Councilman DeMarco - Aye Vice Mayor Jackso~ - Aye ~ouncilma~ ~trnad - Ne Mayor Zack - Aye Motion carried 4-~. Consider Amendment to Sectio~ 26 of the Char~er - Re: Recordation; Publication Mr. Kohl read this section of the charter and stated he would like to change this to a newspaper. He explained that the only newspaper in Boynton Beach is the News Jour- nal which is p~blished only once a week which sometimes causes a hardship. Mrs. Jackson suggested that it be published in. the Sum Sentinel. She explained h~w it cost twise as mmch ~o place am ad in the Post Times and she th~ks the S~n Sentinel has larger circulatiom in Boynton Beach. Mrs. Jackson moved to allow publication in the Smn Sentinel, secgn~e~ b? Mr. DsMarco. Under discussion, Mr. Moore sug- ge~=e~ ±oozing in~o a section Of the Home Rule which con- rains a specific procedure and possibly they cam eliminate the requirement for captiom only. Mr. Catdwell moved to table this, seconded by Mrs. Jackson. Motion carried 5-0. -20- MINUTES - REGUI~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1977 Consider ReQuest of First Presbyteria~ Church - Re: Sewage Fees Mr~ ¥~chael Adair~ appeared before the Co~3acil and referred to the letter sent By the First PresByterisa Church. Ee re- quested the Csu~cil to consider retmrniug the sewer impact charge to the church and members. H~ explained how they had hardships im b~ilding the church and the City ea~sed them to spend extra money in this endeavor. He told abo~t F~. Davis requesting to have this,-taken off whe~ they were hmilding. As Chairman and member of the B~ilding Committee of the church, he requests the ~ity to give this money back.~ They de ~ot mse the other ~athrooms, but use them only ~o~ Eack referred to the other Bathrooms being Nr. Adair a~reed they were. Mr. Kohl stated he feels if we can held a~y church, we cer- tainlywoul~ hut ~e have certain ordinances we must abide by. The Coua¢il is the oaly one who cam change the ordinance~ He ~hen read the attached mems dated J~ne 30, 1977, from ~r. Howell, ~uilding Official, Mayor Zack suggested putting this in abeyance u~til the survey is completed and Mr. Caldwell questioned the reasom. ~yor Zack replied that a red~ction may be in order and Mr. Caldwell asked if it would be retroactive. Nayor Zack stated that it depends on the amount and we may have more money coming is than anticipated. Mr. Galdwell statsd that the work has Been done and these are net service charges, But charges for the actual connections. Nmyor Zack replied he thought it woul~ be the same. Mr. Ko~l referred to the ordinance stat'~ng that charges must be for fixture ~_~its and they are taking a tabu- lation and when the results are totalled~ it will be up to the Council to decide whether to charge By fixtures or gal- lonage. Mrs. Jackson stated ~_~hat we do have an ordinance and just he- cause there is a possibility of changing the rates ia the ~uture, it does not mean changing anytkiag in effect right ~ow. She causer see doiag anything ~mt liv~g up to the ordinance. Mr. DeMarco stated he agreed this sh~ld be held in abeyance until others are reviewed. Mrs. Jackse~ stated that it would not be retroactive. This is an ordinance which is im effect right now. She does not see how we can make an exception for one. Mr~ Kohl referred to exceptions being made and stated that he k~ows of h~ndreds of peoDle who have more fixtures than what they were charged for, hut he is trying to do the best to come ~p with the right ~wer. Mayor Zack asked for his recommendation and Mn. Kohl informed them that he would like it held in abeyance. -2 ! - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1977 Mrs. Jackson moved to strike this from the agenda until it comes forth again, seconded hy F~. Strnad. Under discus, sion, Mr. Cal~well asked what happens to their Bill and Mr. Kohl informed him that it has Been paid. Mayor Zack clari- fied that it was a question ~i ref~ud. Mr. DeMarco commented that it might be pretty hard to delete these figures, But possibly there could Be help om the other end. Mr. 5ewell appeare~ Before the Council smd stated he thought they were getting confuaed, o Re stated that.this was a comnection fee charge smd not a monthl$ ch~mge, Mr. Kohl state~ that other pe~ are Mr. Caldwell stated that' menthly ge. E~eryo~e mt one time or amother ~ays the and added that it could he involved. Motion Tax Rate for 197.7 See Minutes of 7-19-77 Nayor Zack referred to a newspaper article recently stating that the County School Board may ask for the maximum millage allowed, 8 mills, and he personally feels we should ge against that as a group. Ee feels we should stay within the income we are getting at the present time. He believes our tax rate would be reduced by .8 or .9 mill. ~rs. Jackson replied that she hoped we could at least hold it or even lower it if possible. Mrs. Jackson moved to keep the millage low enough so income is the same or lower than last year. Caldwell asked if this strictly applied to the School Board and F~s. Jackson re~lied: everything. Mr. Caldwell stated if the School Board cannot expand, who is getting a slap in the face the kids. Mrs. Jackson clarified that she was talking about eur own taxes. Mayor Zack stated he believed we shomld stay with the same amo~ut of income. Mr. Caldwell asked if they could reduce the millage without knowing the project costs and Mayor Zack replied that it was based em what we have now. Mrs. Jackson referre~ to people mal~ing budgets to spend money they have and explained how she thought the govermmental Bodies should do the same. She thirW~ it is about time the cities and Coumty decide how much money they are going to have and then decide how to spend it. They should live within the budget. Mr. DeMarco seconded the motion and the motion carried 5-0. the Mr° See Minutes of 7-19-77 Mayor Back announced a meeting was schedmled for July 12 and requested everyone to bring with them the County amount which was taken last year and hew mmch money the municipalities will have to spend outside what they di~ last year. Mrs. Jackson asksd if they had received the estimated amount from Mr. Reid's office and Mr. Kohl replied that he had. MINUTES - REGUI~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1977 ~s. Jackson clarified that this has nothing to do with the County taxes. Mr. Caldwell asked if our millage rate would have a~ effect on the taxes which will be sent cut and Mrs. Jackson replied that everyone has their own budget. Mr. Moore clarified that they were stating they were going te hold the expenditures smd not increase the taxes or millage and hepeful~y the School Board and County will do the same thing. Mrs. Jacksen added that the school taxis added onto the County tax. ADMINISTRATIVE Discuss Water & Sewer Service Outside ~Corporate Limits - Councilmam Richard Cal~well Er. Caldwell mo~sd to table this ia view of the late hour, seconded byers. Jacksem. Motion carried 5-0. Consider Site Plans for Office Bld$~ - ~7-4~ S. E. l~th Ave. Mr. Kohl informed the City Council that the Planning & Zoning Board at their meeting of June 28, 1977, mmamimously recom- mended the site development plans submitted ~y $1ayton and Smallmam for ~u office '~nilding at 37-~3 S. E. 15th Avenue, Lots 14 and 15, Block 11, ~entral Park Annex be approved sub, eot to increasing the buffer wall frem 5~ to 6' as per ordinance and the correction of grades for a sidewalk. Motion to approve was made by Mr. Lambert and seconded hy Mr. Trauger. Mrs. Jacksom moved to approve this site pla~ for the of£ice complex located at 37-43 S. E. 15th Avenue subject to the Technical Comm~ttee,s recommemdatio~s. Mr. Caldwell seconded the motion. No discussion. Motion carried 5-0. Consider Request of Mr. Vincent Molle Mr. Vincent Molle appeared before the Council and stated he did mot know this was on the agenda any more tha~ he could get am answer from Mr. Kohl to his letter. He will listen and then comment. M~. Kohl referred te Mr. Molle talking to him at the last meeting and mentie~og that he did not answer his letter. He has checked imto this and has not been able to find Mr. Molle's letter. He found correspondence from the staff read Mr. Perry A. Cessna,s memorandum dated May 21, 1976, attached. He referred to a letter from Russell & ~xom dated October 8, 197~, and read the paragraph: ~Althomgh we did mot get a copy of the Council Minutes regarding the decision om his sewer outlet, it was the writer,s understanding that the City would construct a force maiaaleng the north edge of the walk, to the $.W. corner ef his property, and to which he could pump his sewage.- Ee also rea~ a letter dated July 20, MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1977 1971, from Clarence Q. Jones, City Manager, to Mr. Molle. He pointed out that every letter states about the same thing. He has gone through the file and the stafZ has gone throu~ it and he is net here to tell N~ Melle what te do, ~ut since Mr. Molle mentione~ it after the las~ meeting, he has brought it to the attentiom of the Council. Mrs° Jackso~ stated that she remembered this~ Mayor Zack stated that the letter statea whatwe have to do and what Mro Molle has to de~ Mr. Melle informed him that he did not ha~e any oE these letters. Ee hand ~eli~ere~ a letter to the City Annette. E~ ~ays ever $2,000 per year £or utilities has the Gity paid ~or paving the street. Ee has ~ee~ paying assesse~ value, as received ~or ~tilities ~acilities, hut the property does not have the utilities. Mayor Zack asked if he did Lot have any of these letters and Mr. Molle reDlied that he has the o~e letter fromMr. Jomes, hut he had ~e i~ea o~' what was going om. Mr. Kohl could ha~e called him and appri~ed him of what was Eeing om. The poodle from statements, Also, Mr. Hepk~ told him if he knew the right people, he could get a sewer. Mr. Kohl referred to these letters going ~ack to 1971 thru 1976 when neither he nor the ~.u~ldd~gOfficial were here. He is trying to submit the written~facts available. Mr. Molle is welcome to the letters. Since he was told he did not answer his letter, he put it o~ the agenda. Mr. Molle asked him why he didm*t call him and tell him it was on the Mr. Caldwell told about Mr. Molle approaching him after the l~st meeting au~ asked him why something couldn,t be done with the sewer at Smokey's and he requeste~ Mr. Kohl then to put this on the agenda for the next meetim&. Mr. Melte was right there whem he made this request to~. Kohl. Mr. Molle replied that he did mot catch the conversation between Mr. Caldwell and Mr. Kohl and it was his Understanding that Mr. Kohl was going to bring up something about the Board o£ Ad- justment. Mrs. Jackson stated that as long as ~. Molle does not under- stand this, she will give him her packet of information to review. She then moved to table this until the next meeting, so he has a chs~ce ~e go over the letters. Mr. Caldwetl seconded the notion. Under discussion, Mr. DeMarco ques- tioned just what Mr. Molle wanted and Mr. Molle replied that he wanted a sewer which is gravity fed. Mr. DeMarce asked -24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1977 if it was feasible and Mr. Molle replied that he was told at the time that it was not. Mr. DeMarco referred to it being a bad situatiom there and Mr. Molle explained how it could be done if the bridge was moved. Motion carried 5-0. Consider Request of Mr. Louis F. Preiditsch - Re: Vested Right~ Mr. Eohl referred to submitting this request to the Co~ucil on June 29, 1977 and advised that he also forwarded to the members ~ Annunz~ato s letter of February 24, ~977., and ex- cerpts from m~utes of the regular Comncil meetings of March 19, t974, and May 7, 197~, to assist in their decision. Mr. Louis: Preiditsch,~800 qanary Walk, Gulfstream, appeared heZore the Council. ~e referred to hearing Mr. Kohl's re- marks and stated that tonight they are talking about a filed plot pla~ and a plot plam which is now lost i~ City Hall somewhere. It cannot be found. There is ne way to present permit in November, 1973, but Jack Barrett said the Council did not ~prove the plan~ He referre~ to Colonial ClUban~ Village Royale on the Green going ahead aad asked why he had to do more. However, the demands were made te g~t new plans, he said it still had to go before the Council and there was a sewer moratorium in effect at this t~e. I~ is almost the same as Mr. Stroshein,s request. The administration does not consider when there is a moratorium~ the b~ilder is de- Mr. Kohl writes a letter stating operation. Nomey was allocated to complete 32 apartmen~ where there was a recessi~ side. He stood back and~aited for lifted. He then told aho~t advising that he could no~ find lng him to gather up whatever kind of them to the Building De set of plans, which Jack ments were approved to Len Schmidt. Lem Review Boards and then called ~im one come i~ for the plans~ Meanwhile, he Bank & Trust he was ready to go~. Lem ~ to the newspapers that th~ project, was! was flooded with subcont~act~r~ He in short order, fotu~ membsrs ofl the either resigned or were ~ired. He not a conti~ming Tr ~st p~in~ was met ou his has and bring a~d~ them ..al also re~i~ rted to g~ ~ he the ~lm~s and DeDartme~ ~te contact. MLNUTES - REGUL~ CITY COUNCIL MEETING BOYNTON BEACH, FLORI~DA JULY 5, 1977 A~unziato to continue as this is the procedure new. Mr. Ann~uziato states that he cannot find when this project was started. He went to the Building Department and fomnd the permit and certificate of occupanc~ were iss~ed prior to the 1973 ordinance stipulating a one year time perio~ He clarified that he was talking about vested rights to go back to the date of September 21, 1972 and not talking about after the erdimance was passed. Ne knows it is a very con£using situation. Er. Preiditsch then re£erred to the Smith project for 64 umits te ~e Cons~ructed i~ the northwest section of Boy, tom Beach. This~ de, eloper has never put mD o~e single Building; however, there are news~paper articles from Nar$~ 25, 1974, April 1, 1974, and as late as March 25, 1976, stating the Co~cil wants thisi~re~ect to ~o ahead according to Mr. Kohl, hut they were ~ace~ with a ~ewer proklem ~o~o There ere comments a~out remo~i~ some sm~tandar~ houses and taking these o~her? If we are going to ~se a ~ystem like this, he ~e- l~eves hi~ ~ental a~e~tments were just as im~rtan~ They are ~ot h~gh rentals and a_~yone can live i~them~ Mr. Preidi~sch ~tated that on the advice ef his wife, who owns the la~d, he did ome thing further since the~ and ap- peared bef&re the Pl~wing & Ee~ing Board and requested re- lief on the re~ He explained how the requirements stated , ~0 ~t. rear, ~ud 20 ft. side setbacks a~d ~5% l~d coverage. Ee referred to these requirements making the old lots not usable and he asked for grandfatherimgof the old lets, which was u~heard of. He then drew m ~la~ £or t~n patio homes and had a discus- sion with the Pl~a~i~g & Zoning Board. The ten homes would meet the density of the present ordnance, bm~ ~ot the set- his wife was ha~dica~e~a~d ~a~m~d amcha project to live there. It is very difficult f~r ~he handicapped ~ot to have a house built i~ mccer~ance with the handicapped laws. He r ferred to hav~ng exper~emce ~.uil~ng ~or the hand~capped and.k~ows how te build for the'handicapped. The discussions wen~ pretty well with the Pla~mi~g & Z~ning. Board ?,~til Mr. Annunziato said the Bo~rd ~id mot kave to d~scuss it, but could thank him and say nothings.. N~en he saw he could not get anywhere with ~he Pla~i~g?& Z~inE Beard, he came back with vested rights. Eemewh~re.~alez~ the line, he should ~e given relief a~d vested rights. -26- MINUTES - P~G~R CITY COUNCIL MEETING B0~NTON BEACH, FLORIDA JULY 5, 1977 Mr. Kohl corrected that he did not give ~r. Leonard Smith approval, hut the Council did. Mr. Preiditsch clmrified that he was sayingMr. Kohl ~old the idea. He referred to the newspaper artialeshaving his picture and having him sell the idea to the pmblic. However, withomt a Housing Authority, he does mot knew where they would get FHA mo~ey. He is asking for the same privilege extended to Mr. Etroshein under the vested rights situation. Mr. daldwell stated that back id 1974, h~ was Eiven permis- it was conti~uemsconstruction and Mr~ ~eiditsch re~lied that co~struatio~ cont'~mes if yo~ h~ild erie tim~. Ne told about the same situationi~ Boca Rate~with a man having ten pr'ejects a~d k~ild~ ~o~r and Altor~ey Eo~ell stated ~hsse things are the same as gr~udfathering once the ~lot pla~is accepted. In Leisureville, they have a PUD. The City's sewer system had to be corrected and it resulted dm a wait- lng, period with the moratorium declared. He a~so Believes they were aware of the recession and they could no% go on. He was ready to go when Leu Schmidt called, ~t he is gene and so is h~lf eT the Building Department. He does ~ot know why he was stopped~ Mayor Zack referred to having a building permit approved in 1973 and ~. ~reiditsch agreed. ~yor Zack stated that he made applicatie~ for a building permit for the second build- ing and the first building was completed and Mr. Preiditsch informed him that en February 27, 1973, the Council approved the second building, But there was a sewer meratorimm and he had to apply for a septic t~w~. Mayor Hack stated that the moratorium went om in November, 1973, and the b~ilding was completed is May, 1973 and Mr. Preiditsch replied that the time lapse was getting the septic tank permit. He had a permit £er 28 apartments from the Hotel Gommissio~, ~ut Jack Barrett sai8 he needed ~ew plan~ and told the Hotel Commission to only issue a permit for four apartment~ He did try and tried all the way mntil there wam no mo~ey. In 1975 when Le~ Schmidt called, he was ready te go. How- ever, something happened in the administrative office. Mr. DeMarco requested to hear from Mr. A~-uziate. Mr. Annunziate stated that Mr. Preiditsch did ge to the ning & Zoning Board for discussion purposes only. Ne limited the Pl~ing & Zoning Board to listening to the discussion and recommended them not to pass a recommenda- tion on the proposed plan without ~he Technical Review Board,s recommendations and not meeting the zoning code. Where this pla~ differs from Mr. Stroshei~,s is this pla~ did come to the City Council im 1974 for site plan a~pr~- val and a one year approval was granted in accordance with MINUT~EE - REGU~ CITY COUNCIL MR~RTING BOYNTON BEACH, FLORIDA JULY 5, 1977 the ordinance at that time. The moratorium was a hardship, but the moratorium ha~ been off two years. It was lifted i~ August, 1975. Had Mr. Preiditsch come in and requested the Council to extend approval, he ~el'leves censideratiom should have been granted. This is also a questio~ of small lets in R-3 zoning. They ca~ be developed for R-2, R-I er R-lA pur- poses~ It is not limited to R-3 residentie~ use~. The new zoming does mot make it good for meeting the requirements with small lots, bnt works well with larger lots. Mr. DeMarco asked how ma my umits were being asked for now and ~. An~u~ziats replied .that he could mot say as the plam is not available. Mr. DeMarco stated that without plans, how doeshe k~ow and Mr. Anmunz~iato replied that the plum has ex~ired and does not meet the current zeming regulatTons. F~r. Preiditsch referred to Mr. An~m~ziato's statements about 1974 and stated that he has a copy of the.minutes of Feb- ruary 27, 1973 a~d at that time, N~. Largent was the planner and he showed a lot of plans and did net stop the building permits from being issued. He appeared before the Council on Febr~.a~y 27, 1973, and on that date, he was give~ an okay along with others. ~owever, the b~ildlng permi~ for the plot plan was i~ 1972. He does mot know what the reference is to in 1974. He started in 1972. He thimks Mr. Ann~nziato should read the background informatiom andlook at a Copy of the per- mit and certificate of occupancy. If the plan was lost, Len Schmidt cam verify he brought in a lot of plans and ~hey were approved, but he is no longer here. If the moratori~mwas lifted in Au~ast, 1975, and he was in in September, ~9~5, he ~oes not think that was a delay. ~. DeMarco asked if he had proof that he was here ia September, 1975, ~uud Mr. Preiditsch re plied that Len Sckmidt and the girl could verify this, but they are no lsnger here, Mr. DeMarco asked Just what the difference was they were talk- ing abo~t and M~. Preiditsch replied it was ~ simple matter with the zoning as writ%eh today being harsh ~ud taking away the use of property. He does not think there is zoning in Boynton Beach with 40 ft. front, 40 ft. rear and 20 ft. side setbacks. He would he glad to change~his into ten patio hemes providing he is given relief on the front and hack lines. ~. Moore asked if he had applied to the Board of Adjmstment ~ud Mr. Preiditsch renlied: no Mr n~-~ sated thms might be the proper sol,tmon and Mr. Preidmtsch replied that the plansi~have been approved since 1975. To go into all this is disturbing and he requested negotiations which he has tried with Mr~ Annunmiato for the past six months and also tried with the Planning & Zoning Board. He is talking a'hout preliminary plans and not final, as they cost money. Mr. DeMarco clarified that he was talking about a variance. ~. Preiditsch stated he was ready to -28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1977 make a deal where he will swap his vested rights for the tea patio houses. He will substitute one plot plan for another. N~s. Jackson asked how many unite per acre and Er. Preiditsch replied that it will be under the present zoning. Mr. Caldwell read from the miautes ef March 19, 7974 and Mr. Preiditsch replied that the town tied him up. Mr. Caldwell etated that~the moratorium started ia November, 1973 and re- ferred to it being longer than one year and Er. Preiditsch replied that the moratorium was. still in effect~ Mr. Ann~uziate informed them it was his recommendatloa and %he Planmi~g & ZemiagB~ard,$ recommemdatioa that swapping plans and negotiations are net their prerogative. A recom- mendatiom was made that this is a variance case; however, He chose mot to apply to the Beard o£ Adjustment even though advised of that alternative. ~Mr. Preiditsch stated that the Bo~rd of Adjustment will take off a few fe$, ~t he is talk- ing about ten amirs. He explained how it was mot one homse with a setback problem because ef the irregualarity of the lot. The situation is today he is trying t, comply with the footage situa~!om. These are old lots ~hichhave been~im existence for~a long time and he is~msking for reasonable setbacks. Mayor Zack stated he was putting too much blame om the City Planner and he must abide by the~,rdimances. Er. Preiditsch stated he was back before the Council for a de¢isiem. He cannot let this lie in the sense it is lying at this parti- cular time. Somewhere, somehow the property should be used in the best possible aituatiomo He is going to try Zor the handicapped situatioa. He requests the Council to either vote him in or out. Nmyor Zack stated he persomally felt this should be turned over for a variance. Mr. De~rco asked if it was the last of these problems and N~. Preiditsch replied that it was the last one. Er. Strnad stated as he remembered there were just two or three of these particular pro~A~m which had started and in the interim the new zoning lawstook place ~d he thinks all were settled except possibly one other. Er, DeMarco suggested turning this back to the Board el ~djustment for a recommendatioa and trying to work it out smd Mr. Preiditsch rep$ied that if the Council will approve, he will be glad to go before the Board of Adjustment. Mr. Caldwell stated he thimks the question is whether this falls into vested rights and he does mot feel the argument for vested rights a~d continuation of the project which held in Er. gtrosheis,e case has been proven this evening for this project. He referred to there being many incongruities is this based on the facts, minutes, correspondence, et~. MI~E~S R~ULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 5, 1977 Mr. Preiditsch stated he thought they would have to go back to the original date of th~ sewer moratorium and they will find that a permit was issued for one septic tank for one £our-plex and he had to go back to the Council agaim And get a second approval. He does not k~ewhow manytimes he had to come before the Council because of the administrators doing thi~. Ne thinks there is a legal opimion regarding this in ~he central file. ~lso, there is a case law regard- lng this where a building inspector was ordered to give a permit or be held in contempt of court. Ne does net want to go that £ar~ t~ di~posimg of his vested rights, he believes he should Be able to substitute another plot plan to fit int~ the situatiom. TT~e negotiations have heem going on for ~ix months~ Nfs. Jac~en asked if he meant he would cha~ge the plan ~nd start over and Mr. Preiditsch replied~ yes, but the setbacks would kill him. M~. Ar~au~ziato clarified that the density would be met, But not the setbacks. Mrs. Jackson stated he could apply to the Beard of Adjustment and Mr. Ann~uziat~ agreed the potential was there. M~ro Moore added that he be- lieved this was a hardship and should be appealed to the B~rd of ~djustment. Mrs. Jackson agreed it should not be before the Council, But before the Board of Adjustment. Nr. An~uziato agreed and stzted this was his recommendation. Mr. Preiditsch. referred to net getting a receptive view from ~he City Planner and advisedthat he was trying $o come up with a preliminary pla~ ~. An~unziato would agree with, But he advised the Pla~i~g & Zoning Board Mot to have ~ything to do with it. Me has Been trying as hard as he ca~. Mayor Zack suggested this be turned over to the Board of Adjustment and M~. Caldwell agreed this falls with~ the realm of the Board of Adjustment. Mr. Moore added that it was up to F~o Preidi~sch to file an application to the Board of Adjustment if he wants relief. Mr. DeMarco added that he is sure ~r. Preiditsch has a g~od case s~d he thinks the Boar~ of Adjustment will listen. Mr. Preiditsch re- ferred to the Board of Adjustment Being a powerfu~ Board and he believes if the Council wrote an opinio~ on Mr. Str~shein,s case, he would like to see it and deci~e before going Before the Board of Adjustment. Mr. Caldwell informed him that M~. Stroshein,s case was based on a c~ntin~ing project. The question is what ~re the facts before the Council and are we following the proper procedure.~ He has the avenues open to go before the proper m~nicipal boards to offer relief for his situation. Mr. Preiditsch requested to strike out all the plot plan substitution discussion and asked the Council to vote whether he is entitled to vested rights. -30- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA JULY 5, 1977 Mrs. Jackson moved to drop this matter and let Mr. Preiditsch take whatever avenues he feels are proper and proceed further if he decides. Mr. Caldwell seconded the motion. Under dis- cussion, Mrs. Jackson stated that there are ordinances which the City Oouncil must live up to. Mr. Preiditsch has a better chance of going before the Board of Adjustment or whatever he wants to de. She believes we have discussed this enough and doesn,t believe ~. Preiditsch has vested rights. Mr. DeMarco added that he would much rather see it not come to a vote, so as not to ~influemce the Board of Adjustment. He would rather give Mr. Preidi~sch a fair chance and thinks it would be to ~ advantage. Mr. Caldweil referred to the minutes in May, 4, mud stated that Mr. Preiditsch was advise~ that he could have filed for a permit and have got%eh it. Notion carried 5-0. Mr. Simon Ryder, Chairma~ of thee Planning & Zoning Beard, appeared before the Council ana stated he did not see how the Council could come to any decision on this matter. Mrs. JacP~on referred to his statements going into the min- utes and requested him net to say anytD~g now and leave it up to Mr. Preiditsch to go to the Board of Adjustment if he desires. Approval ReQuested to Demolis~ Structures and Clear the Land M~. Kohl referred to submitting the owners' names and addresses of tD~ree structures recommended for demolition and clearing ef the land per Chapter 14-A Code of Ordinances, and in con- junction with the Community Development project. He requests Council, s concurren~ with the recommendation to demolish these structures and aaks that the City Attorney be directed to prepare the necessary document. ~m. Caldwell moved to accept the City Manager's recommenda- tion to demolish these structures and reques~ the City Attor- ney to prepare the necessary document, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. Approval ReQuested to Excavate Land Located at N.E. 6th Court Mr. Kohl referred to submitting a copy of a memorandum from the City Engineer and copy of the Building Department Appli- cation regarding a request to excavate land at N. E. 6th Court (approximately30,952 s~. ft.) -- demuck and backfill with cleau fill. Request for consideration per Chapter 10, Excavations, page 179 and ~80 ef City Code of ordin~uces. He requests Council's wishes o~ this matter. M~s. Jackson moved to grant approval, seconded hy M~. DeMarco. No discussion. Motion carried 5-0. -31- MINUTES - REGULAR CITY COUNCIL ME~TING JULY 5, 1977 BOYNTON BEACH, FLORIDA Consider Street Name Chanse Mr. Kohl informed the City Council that our Building Offi- cial, Mr. Bud Nowell, ha~ conferred with Mr. Richard Monaha~, Postmaster, and he concurs with Mr. Howelt's recommendation as stated in his attached letter of Ma~ 10, 1977. Mr. Monahan stated this is exactly the way the Post Office handles the mail delivery in this area.~ Re requests COnncil's wishes on this matter. ~Iro Caldwellmoved to approve Mr. Howell's recommendation, ~econded by Mr. DeMarce~ No discussion. Notion carried 5-0. Discnss Change of Ownership - Re: Lake Worth Taxi Mr. Kohl informed the Council that Mr. Gerald Y. Stew dba AAA Lake ~orth Taxi, 14 South Federal ~ighwey, L~_ke Worth, apparently sold his business to Mr. Harry Miller of Yellow Cab, 511 - 24~h Street, West Palm Beach, withon~ notifying the license department of this transaction. Harry Miller did receive a license to operate a cab service in the City and is licensed as President of Boyngon Beach Taxi Service, Inc., to operate seven taxic-ahs. Mr. Stew's business is licensed for ten c~s. Our records show no ~hange of license. ~ Miller who~informed us that Mr. We were able to contact ~m. Stew is out of the comntry, and sold his business to Harry Miller. It aD, ears there is a problem of control in this f~ield and we would very much ap~rec'i~te your c~mmen~s. Ac- cording to Chapter 27 of the Code, "Taxicabs~', section 27.5 - Transfer: "No certificate of public convenience and necessity may be sold, assigned, or otherwise transferred without the consent of the City Council who shall not unreasonably refuse the right to transfer." In addition, we have submitted the report from Lt. Hillery of our Police Department and exceDpts ~from Chapter 27 to assist in making a decision on this m~tter. ~s. Jackson asked how many taxicab companies were im the City now ~u%d Mr. Kohl replied that he thinks there are a total of three now. Mayor Zack asked if they were home based in Boynton Beach and Mr. Kohl replied that Willie Miller is the only one. Mrs. Jack~on referred to having complaints about this one and N~. Kohl agreed a couple were received. Mr. Caldwell commented that if a cab company is running a lousy business, it is the individual ~ustomer who has the alternative to go to another compamy~ Mrs. Jackson clarified that she only brought thisl np ~ecause it may not have a lot to do with it, bu~ ~if we all6w him to transfer the license, we should let him R~ow there are some complaints. Mr. Kohl informed them that M~. Miller will take over and he has been doing a satisfactory j~ob. -32- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACN, FLORIDA JULY 5, 1977 ~. Harry Miller appeared before the Council a~d informed them that about a month ago, he purchased Lake Worth Taxi, Lantana Taxi and Mr. Siew's operation. The requirement as part of the contract was for M~. Siew to get approval of the three City Councils for this transfer. They were able to do this in Lake Worth and Lantana prior te M~. Slew leaving for Trinidad. However, Mr. $iew is nob present waiting to com- ply and theY/a~ethe Council's disposal. He is aware of the bad problem i~ this City. M~. Kohl clarified that he had only received two complaints in d~ years. Mr. DeMarco moved to approve this, seconded hy Mrs. Jackson. Nod'~scuss~on.~ Motie~ carried 5-0. Gonsider Transfer of Funds for Vehicle Repair~ Mr. Eehl read the Budget Trar_sfer Request and referred to having a rash of repairs and having to change the budget around to suit everything they ha~e had to do. ~s. Jackson moved to approve this transfer, seconded by Mr. DeMarco. No discussion. Motion carried 5-0. July 4th Ex~enditures Mm. Kohl referred to the expenditures of $1,200 and clarified that he requested this to be taken out o£ unappropriated sur- plus and not the budget as stated previously in the mi-uutes. M~. De~rco moved to grant seconded by Mms. Jackson. 5-0. the City Manager's request, No discussion. Motion carried ~o.nsider Zoning Approval for Beverage Licenses Jim Torchio's~ 1877 $. W. 15th Avenue Mr. Kohl read this application and advised that everything was in order. M~. Caldwell moved to gr~ut approval, seconded by Mr. DeMarco. No discussion. Motion carried 5-0. Ronald McLarney~ Villager Pub~ 1403 N. W. 2nd Avenue M~. Kohl read this application and advised that it does com- ply. Mr. De~&~rco moved to gran~ approval, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. Approval of Bills Kohl read the following bills for approva%: See Minutes 7-19-77 -33- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA 4 JULY 5, 1977 Duncan Enterprises Resurfacin~ roofs on various City_Bld~.~ Pay from Anti-recession Fund 001 812 31 Bid of 4/25/77 9,049.00 Century Peels Resur£acing Wilson Pool P~y from Anti-recession Fund Council approved 5/17/?? 001-875-31 7,005~50 ~on~kly ren~tal from 6/1/77 thru 6~30/77 Pay from ~mdgeted £u~ds 001-890-38 3,459~00 lO. 11. itlamtic National Bamk Annnal trustee fee Pay from Utility General Fund 030-947 Board of County Commissioners Montily fee for use ~f County Dump Pay from General Fund 001-853-37 1,500.00 4,857.00 IsiahAndrews Driver for Senior Citizens Club - ~ weeks Pay from budgeted funds 020-880 Ordinance #73-15, passed 5/15/73 110.00 Willie Ruth McGrady Server for Eenior Citizens Club - Pay from budgeted funds 020-880 Ordinance #73 5, passed 5/t5/73 weeks Russell & ~xo~ 626-681-08-6 Inv. #11 ~esident inspection and engineering service~ during construction at Water Treatment Plant and Warehouse. Pay from Utility General Fund 030-205 6,264.32 Russell & Axcm 626-681-08-3 In~. #9 2,567.59 Consulting services during construction of ~ater Facilities Expansion Water Treatment Plant. Pmy £rom Utility General Fun~ 030-205 iuthorizatio~ dated 5/8/74 ~ntercou~ty Construction Cor~. Est. #10 Water Treatment Plant Expansion P~ from Atlantic National Bank 1975A Series Contract dated 7/9/76 636,773.86 Tennis Supply ~esurfacing ten~s courts Pay from Federal Revenue Sharing Fund 020-854 Council approved 5/17/77 6,366.04 MINUTES - REGUL,~ CITY COUNCIL MEETING BOYNTON BE?ACE, FLORIDA JULY 5, 1977 12. Keatts Trucking Service 1,122.00 ~auling broken asphalt to boat r~a_mp. - Pay from Anti-recession Fund 001 875 39 Council approved 5/3/7? Mr. Kohl stated that the hill~ described have been approved aud verified ~y the department heads involved; checked and approved for payment hy the Finance Department; funds are available in their res~pective budgets. He recommends pa~ ment of these bills. Mr. DeMarco made a motion that the bills be paid, seconded ~y _Mr. Caldwell. Under discussion, ~. ~trnad asked iE Keatts che~ged by the load or hour and ~. Kohl informed him that they charged hy the yardage and we receive all broken asphalt free. Mr. Strnad s~ated this was very rea- sonahle~ Mrs. Jackson referred to the bills from Rmssell & ~xon ~ud stated these were for the water treatment and sewer plant. Motio~ carried 5-0. ADJOUEN~NT Mr. DeMarce msved to adjourn, seconded by Mrs~ Jackson. Motion carried 5-0 and the meeting was properly adjourned at 11:05 P. M. CITY OF BO~TON BEACH, FLORIDA ATTEST: ~ity Clerk Member Member Rec. ording Secretary (Four Tapes) -35- F lot Dep ar tment 780 S. W. 24 Street Fort Lauderdale, Florida 53515 of Transportation J~.e 28, 1977 State Project No. 93200-1504 - State Road 804/Boynton Beach Bridge over the Intracoast~l ~raterway Bridge No. 105 with Approach Roads - from State Road S/US-1 to State Road A-1-A Bud§~t Item Ne. 418055 - Palm Beach Counnty ~. Frank Kohl, City M~nager City of Bo~mton Beach !20 N. E. Second Avenue Bo)mton Beach, Florid~ 354S5 Demr _U_r. Kohl: R'nis letter is to further discuss the problems of the buildJ_ng which is ~roposed to be built at N. E. Second Avenue ~_nd Sixth Court. A portion of the building will conflict with the proposed bridge approach roadway. -TF~a roadway prel~m~ pl~ s~ows ~at ~e northerly 50 feet of L~t 39 i~ ~o be acquired; ~is, together wi~ the existing 60 feet of p"~Iic r~gnt of way, will result ~ a 90-foo~ wide highway centered on section line %~hi'ch will become the roadway ~nd bridge centertine. Us~!!7, we do not Sevin r~t-of-w~7 ~cq~sition ~ti! the location bas received lo.at tocatJon ~ desi~ ~ov~t fro~ the Federal ~w~v A~nistration. l'Je e~ect ~is approval ~oumd the end of the year. However, if extreme h~hip to the proper~ exists, we may be able to m~ve ~head wi~ acquisition-of this parcel ~rectty. It is not our ~tent to ~iay the developer ~ ~e utiliza- tion of his property. We have no e×~ectation to acquire the SO-foot strip of ~rope_~ty ~r~rough dedication. Pe~qaps ~%e developer might be willing, for both his ow~ ~nd the p-cf~lic convenience, to provide ~n additional set~ack to leave the 50-foot strip empty at th_is time. - continued - B~r. Frank Kohl June 28, 1977 Page Two .%. Pe_naps if we~me~e~2~th you ~_nd t~e de~e~!p~er we could ascerta!n cte~. l,e would apprecm~te it i~ou c~l~r~_ge su~ a me~e _ Very truly yours, Deputy Dis ,tract Engineer JCG:BK:tt CC: ~. Gene Moore (Developer) P. O. Box 910 Boy. ton Beach. Florida Mr.' William Keating, Project Engineer Mr. W. A.. Maier~ ~istrict R/W kdministrator MEMORANDUM Frank Kohl, City Manager , ~Edgar E. Howell, Building Official June 30, 1977 First Presbyterian Church 235 S. ~. 6th Avenue Boynton Beach, Florida Letter dated June 29, 1977 Pursuant to yc~3r request, I have checked the plans and Building' ~t 16086, issued J%une 18, 1976 and C.O. 9950 released December 22, 1976, for the alterations at the - above captioned address. These plans reveal that there were additional fixtures as follows: Three (3) Basins = 3 Fixture Units, Three (3) Water Closets = 12 Fixture Units One (1) Urinal = 4 Fixture Units T~D (2) Floor Drains = 2 Fixture Units One (1) K~tchen Sink = 2 Fixture Units One (1) Hand Wash Sink 1 Fixture Unit One (1) Water Fountain = ½ Fixture Unit Total F~ture Units ........ 24½ Fixture Units @ $25 = $612.50 - Sewer Coo_nection 24~ Fixture Units @ $12-50= $306.25 - Water Cor~qection $918.75 - Total Connections _Upon the on site inspection, done by Mr. Bert Keebr and nryself yesterday, June 29, 1977, v~ found that all these items were ir~talted according to the plans, with the exception of ~he water fountain. In questioning our Plumbing Lnspector, Mr. ~ard Ott, about the water fountain, he in- fozz~ me that he had inspected the premises after the fountain was roughed in and the contractor had assured b3u~ that it would be added J_n the near future. .As of our on site Lnspection of JcLne 29, 1977 , however, it had not been installed. The pl~ns do not reflect~ the abandorm~nt of any other rest rooms; and upon in _speetion, we found that, although both the rest r~ms referred to in blue letter from Firsu Presbyterian Church have a few item~ stored in them, they are ~' ] sc~l_ operable at present. v.t is n%y opinion that, although t~e plans did reflect the water fo%u-qtain and the proper coo_nection fees were charged aceerd_ingly ($918.75), due to the fact that the water foun- tain has not been i~talted and there is no intention of its J~usta!lation, it w~czld be just to re~_~und $18.75 for the ½ fixture unit it represents. As far as cln2inges caused by City requir~u~_nts, I do r~r~mlber, after review~q these pl~_ns, t/qat I required the 3~3fchitect, _~n3. George Davis, to pn~ke c'rk~nges on foot~_ngs-beneath the lanfunated arches, simply because, in the opio_~on of t-he City Eng/_neer ~ud myself, the plans, as shc~nu, wmre not sufficient to carry the load. The only other changes that were required, were changes rec~]ired by State Law to meet the handicap requmrements. All these changes were required prior to issuance of the Building Permit. I trust than this information and accounting will clarify all the items mentioned in the letter from First Presbyherian Church. k ~:mh att. (2) xc: Central Files (w/att.) ~u~lding Official MizM k A'iNiD UM Frank Kohl Clty Manager Perry A. Cessna Director of Utilities May 21, 1976 Vincen= Molle - Smok~y's Wharf Memo of 5/19/76 This is in response to your memo dated May 19th, regarding the ~above. Attached is a copy_of_a letter from Harold Hopkins, dated _June 19, 1970, to Mr. Vincent Molle which is from John Johnston's file. Also attached is a copy of the regular City Council meeting of-July! 20~"19711~ I have reviewed all t3ae correspondence available on this situation. In spite of Mr. Molle's letter of May 18, 1976, stating that the City promised a sewer line within two years, I can find nowhere in writing any promise to that effect, i also have discussed this · with Mr. Johnston who was with the City at that time; and to his knowledge, there were no promises to do anyt2qing other than what the City did -- which was to pay for the cost of the sewer pres- sure line from the manhole up to the property involved. All cor- respondence is very definite in that these are his pumps, and he must maintain them. tt would seem to me that if Mr. Mot!e,,Mr. Lacey and-Drl -Hunter now -want their properties connected by gravity lines, then it would be their responsibility. I assume that this is possible, because a daily log sheet of September 3, 1970 indicates that at that time, the cos= would have been approximately $3,700. Sub- sequent to that, on July 6, !971, R&A submitted a cost estimate for gravity sewer from Smokey's Restaurant to the existing gravity system with an estimated cost of $4,752. At this time, the cost would be substantially higher; and now, as then, it would seem to me that the involved property owners should bear the expense. PAC Att. (2) ei" Y of ? BOYN'[ON BEACH U. S.. Post Office 217 North Seacrest Blvd. '~ ' Boynh3h Beach, Florida 33435 Arran%ion: Mr.'-Ri~mmrd' FDn~han,~ Postmaster Ra: Proposed Street Nsr~ Change Upon the request of the City !~ager, I have made a study of ~he coD~asion in firming addresses on Old Poynton Poad and West Po~vnton Road, and New Boyn%on Road. :- ~ City..;.Engig~eer~and:I have ~greed ~bat Old ~oyn%on Road, from intersection- of~ Second--Avenue; -should ~e~ named-Old Bo~ton-Ro~d- and ~hat Second Avenue, frc~'U..S. ~ 1 all. the ~y West should be Second Avenue and State ~oad 804. We hereby sut~nit t~is to i~D_u for p~ur input ~ud any object, ion that kou ~ight have 'to ~his r~e change, t might add that we hage ha~ n~-~_~ous c~]a~n%s at Ci~ ~ per~dning to tla&~.e ~ree~_s, %~y t~hey are r~m~-ed at ~his ~time. Please acknowledge approv-~l or. objection, so that tills i~ c~n be su/~rHtted to City Council for their approv-~t. Ce_n~ra! .Files