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Minutes 12-08-76MINUTES OF REGULAR CITY COUNCIL MEETING OF TB~ CITY OF BOYNTON BEACH, FLORIDA, ~ELD IN CITY HALL, WED~SDAY, DECEMBER 8, 1976 PRESENT Joe DeLong, Mmyor JosepkF. Zack, Vice Mayor Edward F. Harmening, Councilman Emily M. Jackson, Councilwoman Norman F. Strnad, Councilman Frank Kohl, City Manager Tereesa Padgett, City. Clerk Robert B. Reed, City Attorney Mayor DeLong welcomed everyone an~ called the meeting to order at 7:30 P. M. He requested everyone to rise at the sound of the gavel for the Invocation given by Dr. Ernest R. Campbell, Pastor~ First Baptist Church, and to remaim stand- ing for the Pledgeoof Allegiance to the Flag led bY-Vice Mayor Joseph F. Zack. Announcements Public B'each and Assessment on Fines - Mayor Joe DeLong Mayor DeLong referred to a shark attack about a week or so ago in Delbay Beach and stated the principle cemplaint was that the people could not hear the whistles of the life guards and he feels this was placing the people in the water in jeopardy. Ee announced it was the recommendation of the Chair for the Council to give consideration that if there is an attack of sharks., there should be an installation of a siren to give the people an opportunity to hear. Mayor DeLong then referred to reading in the paper where several municipalities had adopted an ordina~uce whereby they are placing an assessment on the fines of the court and he thinks this City should consider this type of revenue. Mr. Strnad replied that he did not think it was a bad idea at all to have a siren on the beach and does not think it would involve too much e×pens~e. He moved to take some action, whether a siren orssomething else, to attmact attention. ~s. Jackson seconded the motion. Mayor DeLong clarified that it had been moved and seconded that the City Manager be directed to install the proper shark warning signal at the City's beach at Ocean Ridge. Under discussion, M~s. Jackson referred to reading that a siren could only be used for police or ambulance purposes and M~yor DeLong replied that this would be for the protection of the public also. Motion carried 5-0. Mayor DeLong asked if the Council wanted tD take any action on the other recommendation to have the City Attorney draft the appropriate resolution or ordinance in order to acquire for the City of Boynton Beach an assessment on fines, as being done in other municipalities. Mm. Harmening so moved, seconded by M~. Zack. Under discussion, Mr. Reed asked if this referred MINUTES - REGULAR CITY COUNCIL ~TING BOYNTON BEACH, FLORIDA DECEP~3ER 8, 1976 to a fine, such as $1.00 which would be assessed as a special court cost to be contributed to the police education ftuud? He added that he has not reviewed the code, but feels the City does have this. Mr. Xohl informed them that this was in the code. Mr. Harmening then withdrew his motion and Mr. Zack withdrew his second. Organizational Meeting Mayor DeLong announced there would be an Organizational Meet- ing of the Boynton Beach City Council to be held on Monday, Januar~ 3, 1977, at 7:30 P. M. Approve Results of the Municipal General Election Mrs. Padgett read the attached results of the Municipal Gen- eral Election. Mayor DeLong then recognized the winners present andrrequested them to stand. He then stated he felt the losers were entitled to equal time and requested them to stand. He extended con- gratulations to all. Ma~.~or DeLong announced a motion was in order to approve the votes as submitted after being canvassed b~ the election boards. Mr. Zack so moved, seconded by ~.~. Earmeningo No discussion. Motion carried 5-0. MINUTES Regular City Council Meeting - November 16~ 1976 As per USual policy, Mayor DeLong started on his right for comments. Ms. Zack and Mr. Harmening passed. Mrs. Jackson referred to Page l, second from bottom paragraph, second line from bottom, and stated that it should be: "Senator" Phil Lewis instead of "M~." Phil Lewis. Mss. Jackson referred to Page 16 and the last line ending with a blank. Mr. Kohl replied that he did not know the amount. Mrs. Padgett pointed out that it continued on the next page and P~s. Jackson agreed it was okay. Mr. Strnad referred to Page 11, fourth paragraph, and read it and stated he would like to have this clarified, as he does not think the wording is correct. Mr. Harmening clarified that the intent of the statement was that the Building De- partment should not let a man continue to do something which is in violation of the City Building Code. He explained how they were talking about something else at the same time and were discussing prohibitions against people doing their own -2- MIhrGTES - REGULAR CITY CO~qCCIL MEETING B0¥NTON BEACH, FLORIDA DECE~ER 8, t976 work and his reply was in reference should be able to do their own work, the code. to that in that they but should come up to Mr. Strnad referred to the fifth paragraph stating it was illegal to buy a license and he referred to it being stated that people were using a contractor's license and doing their own work. Mayor DeLong clarified that they were rent- ing or hiring and Mr. Strnad replied that they hire the con- tractor. I~. Strnad requested Mr. Howell to correct the statement. Mr. Howell cls~ified that if this did happen, it is an illegal act and is snbject to disciplinary action by loss of the license to the contractor and also the citizen who uses it under the State ~tatute. ~r. Strnad referred to the minutes stating: "it was illegal to b~ry a license" and Mr. Howell replied: "it would be illegal to use a license". Mayor DeLong announced a motion was in order to adopt the ~nutes of the Regular City Council Meeting of November t6, 1976, as corrected. Mr. Zack so moved, seconded by Mr. Hs~mening. Motion carried 5-0. Special City Council Meetin~ - November 24~ 1976 Mayor DeLong called on the Councilmembers and Mr. Eack ab- stained since he was not present and Mr. Harmening, Mrs. Jackson, and Mr. Strnad passed. Mx. Harmening moved the adoption of the I~nutes of the Spec- ial City Council Meeting of November 24, 1976, as submitted~ seconded by Mrs. Jackson. Motion carried 4-0, with Mr. Zack abstaining. Mayor DeLong announced ~ motion was in order to suspend with the regular order of business. Mr. Harmening so moved, seconded by M~. Zack. Motion carried 5-0. PYBL IC AUDIENCE Mr. R. B. vastine stated his name and advised that he was the Chairman of the Cardiac Cooperative Task Force of the City of Boynton Beach. He stated he thought it would be proper to bring the public and the Council up to date on the Committee's activities. M~. Connell, Director of Communications for the State of Florida, has completed a survey of the ultra-high frequency of all hospitals from West Palm Beach to Coral Gables. Bethesda Hospital has been assigned four chs~nels from which they will operate. He is happy to report that it is well on its way and told about conversations with re- presentatives from the hospital and Fire Dept. He then read a letter regarding bids ~or the temporary system and clari- fied that it meant that as soon as the temporary system is installed, it will be possible to be working with the hospital -3- MINUTES - REGULAR CITT COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEF~ER 8, 1976 in case of any emergency. The technical details of this en- tire program must be worked out by the City of Boynton Beach Fire Department, City Manager and City Council. Dr. Cs3~lton believes in the very near future, they will need at least two more EM~'s to function properly. They will soon be in a position with a full qualified crew to work between the hos- pital and rescue squad. Mayor DeLong announced he was in error on requesting the motion to sus~pend the regular order of business as he thought the Public Audience was the Public Hearing, but the motion will still stand. Mr. Jim O'Meara appes_~ed before the Council and stated he would like to take this opportunity, on Behalf of the entire Bicentennial Committee, to thank the City for their wonderful support. Also, after yesterday's election, he personally wants to take this opportunity to wish incoming Mayor Zack, Vice Mayor Jackson, Councilman Strnad, Councilman DeMarco, and Councilman Caldwell the best of everything. He referred to Boynton Beach being the best place to live and wished everyone the Best and a most holy, happy and healthy holiday. M~yor DeLong thanked him for his kind sentiments. Mayor DeLong then announced that Ann Burn, Administrative Aid to County Commission Chairma~ Bill Medlen, was present and requested her to stand. ~. Tom Boffey stated his name~and his address as 2280 N. Federal Highway. He thanked City Manager Frank Kohl and the City of Boynton Beach for the outstanding job they did on the Christmas Parade. He explained how it had been one of the most outstai~ding afternoons he had spent in a long time. The parade must have ts_ken a lot of work and cooperation and he th~nks the City is entitled to a round of applause. ~ne audience responded in applause. Mrs. Lillian Von Goertz stated her name and her address as 816 S. Seacrest Blvd. She advised that she wished to speak on proposed Resolution No. 76-N~. Mayor DeLong requeste~ her to give her name to the City Clerk and when that becomes the order of business, she will be called upon. He also re- quested anyone else in the audience who desired to speak in reference to an item on the agenda to please give their name to the City Clerk. l~. Kohl informed the Council that he would read the letter from the court at the end of the meeting before adjournment. PUBLIC HE~~R ING Abandonment of a Portion of N. W. 3rd Ct.~ Boynton Hills~ Blk. A -4- MI~UTES - REGULAR CITY COUNCIL MEETt-~ BOYNTON BEACH, FLORIDA DECE~ER 8, 1976 Mr. Reed stated that the First Baptist Church had requested ab~uudonment of a City Street to the center line for the por- tion of N. W. 3rd Court fronting on Lots 100, 129, east half of Lot t27, 138, 137 and 136, Boynton Hills, Block A, re- corded in Plat Book 4, Page 51, Palm Beach CountY Records. Mayor DeLong asked if a.~one was present wishing to speak in favor of this application. Dr. Ernest R. Campbell stated his n~eaand his address as 1006 S. W. 25th Place and advised that he was the Pastor of First Baptist Church. He referred to the First Baptist Church being over 50 yeems old and having no selfish or political ambition or purpose. It is a service institution and has served the co~unity well. He then told about the First Baptist Church having four locations and advised that they moved to their present location 26 years ago. It was built when both Sea- 6rest and 2nd Ave. were narrow streets. Both streets have been widened smd have taken property from the church emd the corner of the church now stands on City property. They have no complaints because it is needed for traffic flow. The church has faced up to the problem brought about by growth. He then told about the growth in their c~ngregation. He told about the services offered b~ the church. He then told ~oout problems with people being molested, robbed, etc. and the necessit~ to have members of the church on patrol. Also, they have had to fence their property. ~ney have bought ad- jaeent buildings and procured buildings and property and the church is going to stej on that corner. However, it is hazard- ous for the children moving from building to building and they seek relief from the Council. Their only recourse is to ask for the abandonment of N. W. 3rd Ct. adjacent to their proper- ties, so they may ~ance in that area in order to continue their church. In talking with the City Planner, City Engi- neer and others, they find none of these people have any ob- jection. The PoliOe, Fire, Garbageaand other utility people ave no interest at all in continuing this street. Th~ neighbors will not be hurt. They will have access as usual as the streets are at right angles. They intend to close that street if allowed to do so. They will put a concrete sidewalk the~e with a curb and grass and will make it a pretty straight street on the front. Knowing Seacrest Blvdo~was to be renovated, he asked the County Engineer for an opinion. He rea~ the ~ounty ~ng~neer s rep±y s~a~ng Ge had no objec- tion and felt the abandonment would improve the traffic flow at.End Ave. and Seacrest. There are ~o objections and since thi~ street is useless, dangerous and costly to maintain, the membership of the First Baptist Church plead for the City to come to their rescue. Mr. Clyde Worreli stated his name and his address as 334 S. W. 12th Avenue. He stated that he wished to continue to explain the situation on this corner. He showed a drawing -5- MINUTES - REGUI~R CiTT COUNC~ MEETING BOYNTON BEACE, FLORIDA DECE~BER 8, 1976 sand pointed out the close proximity of 3rd Ct. going into Seacrest. He stated that it was their intent to green the area and have the traffic flow go down 3rd Ave. or 1st St. None of the residents would be affected. He pointed out the buildings they ownon 3rd Ct. Mayor DeLong asked if anyone present wished to speak in oppo- sition to this abandonment. Mrs. Margaret Cushner stated her name and her address as 309 N. Seacrest Blvd. and advised that she owns the p~operty ad- jacent to the proposed abandonment. She opposes it very strongly, not only for her property but the people in back. Hundreds of fsm~lies use this street. Many oppose this. ~s. Margaret Wade stated her name and her address as 136 N. W. 3~ Ct. She first presented a petition to the City Clerk. She then stated that Rev. Campbell was wrong as they do use ~his street. The Police, Fire a.udAmbulances use it all the time also. They cannot get out on 2nd Avenue safely. They must go out Seacrest. They cannot cut across the four lanes of busy traffic on 2nd ~venue. There is a street there and it belongs to the taxpayers. The church has no right to take this street. Also, they have no way of finding out when there are hearings on this and must find out by reading it in the papers or word of mouth. It would be unsafe to abandon this street. They are opposed. They do 'not know why the County wo,mld be concerned, as it is none ef their business. Mayor DeLong asked how many names were on the petition and was told there were 14. Mrs. Wade added that she did this very quickly or there would have been more.. Mrs. Jackson asked where she lived and ~Ms. Wade info,moa her tha~ she lived on the corner of 3rd Ct. and 1st street. Mr. Harmening asked if this was Lot 123 and Mrs. Wade replied that she be- lieved so. ~Srs. Wade added that they ha~e not had any trouble with tire slashings or b~ken windows and nice people live there. Mrs. Jackson questioned the ownership of Lot 136 and referred to it possibly being lsaudlocked and Mrs. Wade re- plied that she thought ~s. Earley owned that and added that she was present. ~. Reed asked if the church had purchased Lot 1367 Mrs. Velma Earley stated her name and her address as 126 N. W. 3rd Ct. She stated ~he was strongly opposed. She would not be able to get in and out her driveway. She is also concerned with access for the Police and Fire Depart- ments. She lives next to the church parking lot. Mr. ~rk Wade stated his nmme and his address as 136 N. W. 3rd Ct. He stated that he feels sorry for the First Baptist Church, but he does not seewwhere they feel they ca~u ask the taxpayers and people living on that street to give it up. -6- MI~JTES - P~GULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECE~F=~ 8, 1976 He feels a precedent would be set. If he needed the property, they would not give him part of a street. He has lived in this City since 1949 and feels he haz paid a fair share of the t~xes. He feels sorry that the First Ba-otist Church is stuck here. He doesn't think they should ca~l on the tax- p~vers to give up the street because they need it. Rev. Campbell's statement is incorrect that nobody has any objec- tions as the people living on the street do object. The people living on the street do not want it closed. Mayor DeLong stated he believed there should be more back- ground information on this which was not included in the agenda book and Mr. Kohl informed him that 22 pages were submitted. Meyer DeLong asked where the information was from the Planning & Zoning Board and Mm. Kohl repel that it was given to them when this hearing was originally scheduled. He added that the Planning & Zoning Board voted against it 6-0. Mrs. Jackson referred to having two maps with one showing half of the street being abandoned and the other showing the whole street to be abandoned. Mr. Simon Ryder stated his name and his address as 2379 S. W. 13th Avenue and advised that he was a member of the Planning & Zoning Board. He informed the Council that the Planning& Boning Board's action was a 6-0 demial. He added that he pointed out at the Board's meeting that nor- mally in order to close a street, the applicant must own both sides of the entire street and when presented to the Bosrd, the chmrch did not own Lot 130. He also made men- tion at the meeting tha~ if the City went along with this, it might be liable for a suit for damages. Mrs. Jack, on again re,erred to having two maps and Mr. Reed informed her it would ~be to abandon half the street, because that is what the notioe published. Mrs. Jac~0n referred to this not affecting ~ms.. C~shner then and ~ms. Cushner disagreed and stated this ~esentation was for half of the street from the center a~jacenb to the church property. It would cer- tainly affec~ her property with access to her parking lot. With ~eng~ng !to th~ Center of the road, it would cut off her par~f~cilities and would cut into her business cor- ner. M~yor DeLong the~asked if Dr. Campbell or Mr. Worrell de- sired to speck further. Dr. Campbell appeared before the Council and explained how it was difficult to be accused of being un-Christain. He is sorry these people feel they have to come here at this moment. He could rebut every word which has been said. The ~ade's live on 1st Avenue and Mr. Wade disagreed. Dr. Campbell replied that 1st Avenue runs in front of their house. He then referred to the lay- out of the streets in this area. He then clarified that he was spec_king with reference to no objections from those who have to use the streets from the standpoint of the Police, -7- MINUT~ - REGUI~R CITT COUNCIL i~ETiNG BOYNTON BEACH, FLORIDA DECE~ER 8, 1976 Fire Department and others. He was not talking about the people living in this community. He travels that street more than any person in Boynton Beach ~ud must sit and wait unless someone is kind enough to let him in. The street starts in front of the door of the First Baptist Church and it will be necessary for that to become a five way corner. They do own the property immediately behind Mrs. Cushner,s property. Her business does not face on the street and she will bensfit with additional land~. He is also sorry that Mr. Ryder had to make remarks w~en the remarks had been made by the Cit~ Manager. They are aware the Planning & Zoning Bo~d did not agree. Their only recourse rests with the C~ouncil. They could have filled this place tonight with people spe~k~g favorably, but did not care to do that. They do not need nu$~ers to state their decision. Mr. Wade clarified that he owned the corner lot and the next lot on 3rd Ct. His house and driveway is on 3rd Ct. They do not want the street clo~ed. At this time, M~yor DeLsng asked the pleasure of the Council. Mr. Zack moved that the portion of N. W. 3rd Ct. requested for ~andor~ent not be approved. M~. Strnad seconded the motion. Ma~vor DeLong clarified that it had been moved ~ud seconded that the abandonment of a City Street to the center line for the portion of N. ~. 3rd Court fronting on Lots ~00, 129, 128, east half of Lot 127, 138, 137 and 136, Boynton Hills, Block A, Recorded in Plat Book 4, Page 51, Palm Beach County Records, as requested by the First Baptist Church be denied. Under discussion, ~. Zack referred to this being discussed at length by the Planniug & Zoning Board and originally being on the agenda as of September 21, but was withdrawn at the request of the church. He explained how he had checked on different occassio~ ~ud had a terrible time trying to get in and out of 2n8 A~enue. He knows what the residents in this area are referrzng to. The basis for his denial is based on the injustice to the people and the recom- mendation fr~m the Planning & Zoning Board. ~. Strnad stated he did not know how many people who were members of the First Baptist Church lived in that area, but naturally assumes they would be in favor of it; however, the residents living there ~ould have a hardship imposed on them. He was in favor of this previously since there was no ~pposition, ~ut now he knows there wil~ be a hardship imposed on the people living there and these people have lived there for many years. ~s. Jackson agreed the church needs more land; however, she thinks zor~ing i~ for the orotection of the peo- ple in the immediate area who live the~e. She is to~n be- ween two things, but uppermost are the people living there. She Wishes there was another solution, but doesn't thi~d~ there is. The people living there must be considered. -8- MI~JTE. S- REGUI~R CITY COUNCIL M~ETING BO~-_NTON BEA~, FLORIDA DE~ER 8, 1976 M~. Harmening referred to ~he map and stated he could not see where there was amy greater distance to go out 3rd Ave. to Seacrest. He thinks it would be easier to get out 3rd Ave° also. If 3rd Ct. was closed, the distance to 3rd Ave. is not that much greater ~d it would eliminate the traffic jam at the intersection. N~s. Jackson questioned the Police Department's recommenda- tion ~a~d Mr~ Kohl informed her that the Police and Fire De- partments agreed it Would be all right to abandon the street. Mrs. Jackson stated that s~-uce asking this question, it has made a difference in her third, lng as she had not realized their decision. M~s. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - No Councilwoman Jackson - No Councilman Strnad - A~e Vice Ma~or Zack - ~_ye Mayor DeLong - Aye Motion carried 3-2. An Ordinmace Amending Section 4(B) of Appendix A, Zoning Regulations, to Establish Building and Site Regulations: Applic~ole to Accessory Buildings in Residential Districts Mr. Reed mn~o~med the Council that Ordinance No. 76-56 applicable to this public hearing appeared on the agenda under ~YI Legal, B-3. Mayor DeLong asked if anyone present wished to speak in favor of this ordinance and received no response. He then asked if anyone wished to speak in opposition emd received no r~spo~se. ~. Zack moved the adoption of Ordinanc~ No. 76-56, seconded by ~k~, Harmening. Mm, Reed suggested that the public he~ing just be held no~ and the motion for the adoption of the ordi- nance be made after he read the ordinance ~mder VI Legal, B-3. There was discussion about this procedure ~ud then M~vor DeLong announce~ they would not move on this now, but would just have the public hearing discussion. An Ordinance Amending Section 5(G)(i) of Appendix A, Zoning Reg ~a~mons to Alter Permissive Uses Within the R-3 Multi- Family Dwelling District by Deleting Certain Previously Per- mitted~seS and by Allowing Other Such Uses Only on Condi- tional Basis ~. Reed ~formed the Council that Ordin~uce No. 76-57 applicable ito this -public hearing appeared on the agenda under VI Legal, B-4. -9- MINUTES - REGUL~ CiTF COUNCIL M~ETING BOYNTON BEACH, FLORIDA DECEMBER 8, 1 976 Ms~yor DeLong asked if anyone present wished to speak in favor of this particular ordinance. Mr. Lee T. Levitow stated his name and address as 2078 E.W. 14th Avenue. He stated that as Chairman of the Ad-Hoc Lei- sureville Zoning Committee, they are strongly in favor of this revision to the zoning ordinance which will eliminate certain inclusions in the R-3 regulations and make others conditional~ because the present zoning ordinance allows business in resi- dential zones as well as in business zones. This is not an acceptable zoning practice and feels it was a_u oversight. He referred to ~he various uses being permitted in R-3 as well as in C-1 and C-3~, They feel as businesses, they should be retained in commercial categories only. Speaking for the Leisureville residents, the building of these subject categories along 15th Avenue would have a tremendous ecomomi- ca! $~act as well as lower the values of their homes. %~aen they pmrc.hased their homes, they were assured apartment homes would be built along tSth Avenue. There is considerable acreage zoned C-3 and C-1 in close proximity to adequately handle the need. He then submitted a petition with over 2,.000 names. He added that all of the residents within the legal 400 ft. limitation have signed the petition feeling it was equivalent to sending letters in protest. They fe~l positiVely that the Boynton Beach City Gouncil will vote positively to maintain the proper balance between residen- tial ~ud commercial zones. They are not in favor of limiting commercial, but strongly urge zones to protect the residents. He is sure the residents ~ill sleep better ~owing they have City officials considelring them. l~r. Homer Kimbrell stated his ns~e and his address as 503 S. ~. 19th Street. ~e stated that there was very little that he could add, but he does have a few remarks to say in support. He advised that he was a member of the Board of Directors of the Palm Beach Leisureville Co~unity Associa- tion and we~ authorized to speak on the behalf of the 4,500 people living in that community. They feel they represent all the citizens of Boynton Beach and wish to protect all the residents. He told about his travels through the area during the depression and how cancerous results were evident from over-development. He stressed that the City must be sure not to over-develop the business areas. He explained how this was necesss~y to avoi~ problems in the future. They support this ordin~n~ce a~ud hope it will pass. Mayor DeLong then ascertained that nobody else speak either in favor or opposition and stated would be taken under Legal. desired to that action MINUTES - REGULAR CITY COUMCIL ~ETIN~ BOTNTON BEACH, FLORIDA DECEMBER 8, 1976 An Ordinance Amending Section 6(D)(1)(u) and Adding Section 6(D)(2)(d) of Appendix A, Zoning Regulations to Prohibit Warehouses and Storage Buildings Within the C-4 General Commercial District, Except When Utilimed As Accessory To a Permissive or Conditional Use Specified in Section 6(D)(1) Mr. Reed informed the Council that Ordinance No. 76-58 ap~l~caole to this public hearing appeared on the agenda under VI Legal, B-5. Mayor DeLong asked if anyone present wished to speak in favor of this proposed ordinance and received no response. He then asked if ~uyone desired to speak in opposition and received BO response. Rezoning Request - The West 776.87 Feet of Parcel A, Tenth Section~ Palm Beach Leisureville Plat of M~. Reed announced this was an application for rezoning the West 776.87 Feet of Parcel A, Plat of Tenth Section, Palm ~each Leisureville located at the N. E. Corner of Intersec- tion of S. W. 22nd St. and S. W. 15th Ave., "Leisureville Professional Plaza'. The request is to rezone to C-t from R-3 for medical and professional offices. Mayor DeLong ~ked if a~4vene present wished to speak in favor of this application. Mr. Enrico Rossi stated his name and his address as 625 Whis- pering Pines Road, Boynton Beach. He stated that he would like to talk to the people who signed the petitions, as he has gotten reactions from people that they did not ~uderstand fully what was planned. He clarified that the application requested rezoning of a certain parcel of land on S. W. 15th Avenue at 22nd St. extending 776.87 feet to the east, which constitutes about 1/3 of the long strip in this area. This parcel of land is approximately 3½ acres and about 200 ft. deep. It fronts on Woolbright Road, which has a 120 ft. right-of-way. ~ne County thoroughfare plan calls for this to be four laned and by 1985, there will be about 30,000 trips per d~¥. Zt will he one of the major east/west streets in Boynton Beach. It ultimately will be extended to Jog Rd. He then explained the proposed professional plaza a~ud how it was planned to be built in phases. He also pointed out the l~udscaping planned, He told about the concept of the olan to provide professional services within walking dist~mc~ of the people in Leisureville. This property is zoned R-3 and four story apartments could be built. He stressed that it would strictly be a professional plaza with no retail stores. As he stated at the Plan~ing & Zoning meeting, to i~sure this will be developed exactly as showm, he would be willing to enter into deed restrictive covenan~ with the associations to the north and south of this parcel. He referred ~o the -11- MINUS_ES - REGUI~&R CI~ CO~e~C~L, MEET/~{G BO~}~ON BEACH, F~ORIDA DE6E~ER 8, 1976 proposed buildings occupying about 17.7% of the land area, but in R-3, up to 40% can be in building e~ea. He stated that there would be plenty of open space between these build- ings and they have provided a masonry wall along the canal. He feels C-I providing for offices at that location will serve the community and the people in the community, it is following the true scope of the PUD ~o provide services for the people in the community. It will be an asset totthe community and the services will be within walking distance for the people in Leisursville. He requests them to evaluate this in comparison to seeing 1,800 ft. of apartments here. It will not remain open long as they must develop it. The question is whether theypeople want 1/3 of that strip to be C-I or the whole thing to be apartments. This piece of land does not fall into the jurisdiction of Palm Beach Lei- sureville or the Boynton West Association. This is zoned R-3 and could be put to be used as R-3 permits. Mayor DeLong in favor s~d tion. ascertained that nobody else desired to speak then asked if anyone wished to speak in opposi- ,Mr. Angelo Seracuso stated hia name and his address as 191~ S. W. 14th ~venue. He advised that he was a representative and member of the Rd-Hoc Zoning Committee of the Palm Beach Leisnm~ville Community Association. He submitted a petition ~ud state8 he was speaking on behalf of the petitioners who signed the petition contrary to Mr. Rossi's statement. ~ae request for the rezoning is in contradiction to the original PUD calling for a residential area. The original site devel- opment pl~, which included Section 10, called for a residen- tial area a~ad Boynton West owned this piece of property which extended from 22nd St. to S. W. 18th St, In April, 1976, it was deeded to Roger Saberson, Attorney, to hold in trust. When the residents bought their homes, they were led to be- lieve there would be one story apartment houses on this pro- perty. He told about plans for apartment houses in other areas ~ud how the economical conditions brought about changes. This is valuable property and they would m~ke more money if it is commercial property. The zoni~ regulation, Chapter 1], limits com~nercial uses within a PUD to be only for the benefit of the residents of the PUD and any changes must be made with the original plan. It is their contention that this was not followed. The people purchased their homes with the concept of apau~tments in this area. People also paid premium prices for lots along the canal and were not told about the 80 ft. cemal right-of-way. The purchasers were not given complete information. He told how they were worried about outsiders coming in and how they did not want commercial in their community% They are not against commer- cial developments, but there is plenty along Congress Ave., N. E. 2nd Avenue and Federal Highwa~7/,and they have enough. -12- ~ ~ vT MINUTES REGUL~-R CITT COUNCIL ~iETING BO~q~TON BEACH, FLORIDA DECE~ER 8, 1976 They do not want commercial over-built,and he explained the possible disadva~tages. Also, this would be an example of spot zoning. It would be right in the middle of a PUD and start death in the community. The developer does not care as he will leave after it is built. He referred to the ob- jections and how things were changed in the past and their reaction to having their homes so close. They are speaking against commercialism in their community. He then explained how if the dove!oDer was really concerned with their welfare, he would give them adequate facilities. Also, the ~esidents living within 400 ft~ have all signed the petition. Mr. Lee T. Levitow stated his name and address as 2078 $.W. 14th Avenue. He referred to giving Mr. Rossi the benefit to explain his pls~u~ ~d stated that this was not really a bad setup, but they are really concerned because this only represents 776 ft. out of a total of 1800 ft. L~t July 8, there was a hearing scheduled on the complete .ch~uge of that entire section, but ~. Rossi withdrew his petition that night. Now they are coming back to 776 ft. out of the 1800 ft. He explained how the zoning varied along this 1800 ft. strip. He finds it hard to believe that Mr. Rossi bought this land without the provision of the zoning being cha~ed. ~ll they are getting is a tremendous t~_~eat. There are over 700 lots zoned R-1AA in the area south of ~5th Avenue and they must be taking these into consideration. He then re- ~erred to the canal being 30 to 40 ft. wide and how it would be impossible to walk across this to get to the planned cen- ter. He stated that they worked hard to c~llect the peti- tions and did not attempt to misrepresent anything. The people are not within the walking distance describedand he explained further. Mayor DeLong informed him that most of the members of the Council have been there a~d surveyed the situation. N~. Homer Kimbrell stated his name and his address as 503 S. W. 19th Street. He referred to his remarks made previ- ously about overbuilding commercial properties. In refer- ence to the walking dist~uce mentioned, it will be about 1500 ft. west of 18th st. where there are no sidewalks. I~ might have been different if Mr. Rossi properly prepared himself ~md displayed leases on the property. He did in- quire if they made a studyoof the practicability of this development and was told they did not. He cannot imagine doing this without a feasibility study. He cannot imagine doing this without prospective tenants. They e~e very in- terested in having this application denied. Mayor DeLong asked the members of the Council in order not to delay the people mue~ longer, he suggests when they fin- ish this public hearing, they continue with the adoption or review of the ordinsnacss regarding these hearings. He then ascertained that the members had read the decision of the Planning & Zoning Bo~d. -t3- MIR~JTES - REGUL~ CITY C0~CIL ~ETING BOYNTON BEACH, FLORIDA DECEMBER 8, 1 976 Mr. H~mening moved that the West 776.87 Feet of Parcel Plat of ~Tenth Section, P~D~m Beach LeiszLreville, located at the N. E. Corner of Intersection of S. W. 22nd St. and 15th Avenue requested to be rezoned to C-1 from R-3 be denied. Mrs~ Jackson seconded the motion. Mayor DeLong added that it was denied in accordance with the recommendation of the Plannir~ & Zoni~g Board. No discussion. N~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - ~ye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion cs_wried 5-0. LEGAL Ordinances - 2nd Readin~ - Public Eearing Proposed Ordinance No. 76-53 - Amending Appropriating Ordi- nance 75-25, Which Adopted the Budget of the City of Boynton Beach for the Fiscal Year Ending September 30, t976, by Pro- viding for Adjustments of the General Fund, Federal Revenue Sharing Fund, Publicity Fund and Operating Capital Improvement F~nd ~. Reed read proposed Ordinance No. 76-53 by caption. M~yor DeLong asked if anyone present wished to speak in favor of this proposed ordinance and received no response. He then asked if anyone wished to speak in opposmt=on and received no response. Mr. Zack moved the adoption of 0rdinsmce No. 76-53 on second rs~zng, seconded by Mr. Harmening. No discussion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad Aye Vice Mayor Zack - Aye Mayor DeLong - ~e Motion carried 5-0. Ordinances - 1st Read,nE Prooosed Or~_nance No. 76-56 - Re: Amending Section 4(B) of Appendix A, Zoning Regulations, to Establish Building and Site Regulations Applicable to Accessory Buildings in Residential Districts -14- MINUTES - REGUL~ CITY- COL~CIL M~ETING BOYNTON BEACH, FLORIDA DECE~ER 8, 7976 Reed read proposed 0rdin~uce No. 76-56 by caption. Mu. Zack moved the adoption of proposed Ordinance No. 76-56 on first reading, seconded byMr. Strnad. Under discussion, Mrs. Jackson asked if a tk~ee car detached garage would be per~itted and M~. Annunziato informed her there would be no objection although a structure of that size might encroach into the lot area. M~s. Jackson referred to it stating that it cannot exceed 24 ft. and M~. Annunziato replied that it was designed for a two car garage, as they felt it was un- likely that someone would build a three car garage. Also, the intent was to limit it to garage type structo~es. I~. Harmening stated that when this was first proposed, he also objected to the size of the utility building as he felt it was a shade too small. He can easily see where somebody may want to build a tool shed or work shop and 10 x 10 ft. is not too large. He thinks it is overly restrictive. Mr. Annunziato informed him that the limit for a 100 sq. ft. storsge building would only be imposed if the storage struc- ture was in the corner of the lot. If someone wanted to build an accessory building larger, he would be permitted to do ~hat as 100 sq. ft. is just about the maximum size for storage, M~r. Harmening referred to msmy people building their own and told about getting ordin~mces proposed like this and later people question it and m~mst go before the Board of Adjustment. Mayor DeLong replied that this is the we~ it has always been a~_d that is why there is the Board of Adjustmen%. ~. Howell informed the Council ~h~t he ~md M~r. Annunziato worked on this because they had a lot of e~eas in the City with metal utility sheds possibly put up without permits sittir~ intthe corner of lots. He suggested they should work with the people and allow them in closer setbacks. They will let them sit within 3 ft. of the side or rear proper~y line, but it must be i_m~tea to size. If they want to build a larger building, they can if they maintain the regular setbacks. P~s. Jackson referred back to the possibility of a three car garage and asked if they had any requests for a~j~ and M~. Howell replied that they had not since he had been here and he would not have any objections. Mrs. Jackson clari- fied that it would be allowed if the lot area was sufficient ~nd M~. Howell agreed. He added that if they felt it was too restrictive, the ordinance could be cha~ed. ~. Zack clari- fied that it was pe~missable depending on the size of the lot. Mu. Reed stated that irrespective of whether the lot coverage is exceeded or not, he interprets this ordin~ace as no detached storage structure can exceed 100 sq. ft. He feels the same would apply to detached garages. If they -t5- MINUTES - REGULAR CITY COb$ICIL MEETING BO_V~.~TON BEACH, FLORiDA DECEMBER 8, 1976 adopt this ordinance, it will restrict the constructio~ of say detached garage to a two car garage no matter how large the lot is. The effect of this ordinance is a two car gar~ and 100 sq. ft. storage building. Mrs. Jackson moved to table thia ordin~uce until it was re- viewed further. Mr. Harmening seconded the motion. Motion carried 5-0. Proposed Ordinance No. 76-57 - Re: Amending Section 5(G)(1) of Appendix A, Zoning Regulation~ to Alter Permissive Uses Within the R-3 Multi-Family Dwelling District by Deleting Certain PreViously Permitted Uses and by Allowir~ Other Such Uses Only on Conditional Basis Reed read proposed Ordinance No. 76-57 by caption. M~s. Jackson moved the adoption of Ozmmnance NO. 76-57 on first reading, seconded by ~. Harmening. Ho discussion. ~s. Padgett took a roll call vote as follows: Co~cilman Harmening - Aye Councilwom~m Jackson - Aye Councilman Strnad - _~ye Vice Mayor Zack - Aye ~Lsyor DeLong - Aye Motion c~ried 5-0. At thLs time, Mayor DeLong declared a five ~nute recess. He called the meeting back to order at 9:50 P. M. Proposed Orm_nance Ne. 76-58 - Re. Amendmng Sec~zon 6(D)(1)(~) and Adding Section 6(D)(2)(d) of Appendix A, Zoning Regulations to Prohibit ~' ~ ~ar~houses s~d Storage Buildings Within the C-4 General Commercial District, Except Whe~ Utilized as Accessory To a Permissive or Conditional Use Specified in Section 6(D)(1) Reed read proposed Ord~ua_uce ~o. 76-58~ by caption. M~. He~mening moved the adoption of proposed Ordinance No. 76-58, seconded by M~. Zack. No discussion. M~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jack~on - Aye Councilman Strnad - ~ye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. MIA~dTES - REGULAR Cl~f COUNCIL ~-~ETING BOYNTON BEACH, FLORIDA DECE~ER 8, ~ 976 Proposed Ordinance No. 76-54 - Re: Establishment of Uniform ~mximum Penalty for Violation of Ordin~mces in Connection with the Transition of Municipal Court Functions to the Count~ Courts on January 1~ 1977 Mr. Reed read proposed Ordinance No. 76-54 by caption. Mm. Reed referred to having just received a letter from Munici- pal Judge Centola with respect to this ordinance and advised that this ordinance was prepared at the request of Sr. Circuit Judge Thomas Schultz with regard to all m~cipalit~ss adopt- ing a uniform violation setting ~he violation at $500 fine cm imprisonment in ja~l. In the present ordinance, it provides for various jail terms. He believes the jail term maximum is 90 days and this would increase it to six months to bring it in line with the State Statutes. ~ith reference to Mr. Centola's reference to 1742-1, it appears not to be neces- mary with the phasing out of the municipal courts. It is his understanding if a person is arrested in Boynton Beach mhd charged under the ordinance, the City would recoup the funds the defendant would have to pay as a fine. If he is charged under the M tats Statute, the funds would go to the State. He believes it would make a big difference to amend the ordinance to k~p~ it uniform with State Statutes. Mayor DeLong asked if the ordir~ance prepared coincides with the ~etter from Judge Centola and Mr. Reed replied that it was prepared at the request of Judge Sch~ltz. He has not had the opportunit~ to discuss this with Judge Gentola. ~yor DeLong asked if it should be tabled and P~. Reed replied that he felt it wms proper based on the letter from Judge Schultz and their review of the ordinances. H~ added that if it is adopted on first reading tonight, it would be effec- tive on January 3, 1977 for the phase-over. However, he will discuss it with Judge Centola and advise the Council at the next reading. Mr. Harmening moved the adoption of proposed Ordinance No. 76-54, seconded by Mms. Jackson. No discussion. Mrs. Padgett took a roll call vote as follows: Councilman Harmening - A~e Councilwoman Jackson - ~ye Councilman Strnad Aye Vice M~or Zack ~?e Mayor DeLong Aye Motion carried 5-0. Mr. Reed referred to discussing previously the possibility of adopting an ordinance to have the City maintain traffic b_earings here after the phase-out and he told about the attempts the City of West Palm Beach made to do this and the court results. Therefore, he is not going to propose -17- MINUTES - REGULAR CIT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA DECE~R 8, 1976 an ordinance to establish trafficehearings for the City. He added that he also got the impression from the West Palm Beach City Attorney that they are not going to p~sue it any longer. Proposed Ordinance No. 76-55 - Re: Amendment to Sign Ordinance Regarding Restriction A~ainst Circulation of Handbills~ etc. Mr. Reed read proposed Ordinance NOo 76-55 by caption. Mrs. Jackson questioned how this came about and ~. Kohl called on the Building Official to reply. Mr. Howell in- formed them that they thought there was a conflict in the ordinance hook and they brought it to ~. Reed's attention a~ud he replied that it was not a conflict, but he questioned the legality of the way it was written int~he ordinance book ~ud it was revised. This is not more restrictive, but changes the wording to make it clear. Mr. Reed referred to the last phrase and clarifie~ that it was written so a person or busi- ness duly licensed or registered with the City with his main business out of town couldmmake distribution on a weekly or monthly basis. He does not think the language was proper or legal previously. Mrs. Jackson asked if this applied to political flyers and Me. Reed replied that it does and this was discussed. Mr. Reed stated that the previous section prohibited the passing out of circulars, etc., but it is no~ change~ to only pro- hi,it the passing out of commercial advertising matter. Mayor DeLong remarked that political flyers would be per- sonal. Mr. Kohl added that no law had ever stopped anyone. Mr. Zack moved the adoption of Ordinance No. 76-55 on first reading, seconded by ~. Harmening. No discussion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - ~e Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - ~e Motion carried 5-0. Proposed Ordi~s~¢~e No. 76-59 - Re: Amendment to General City Employees' Pension Plan Concerning Retirement and Disability Benefits as Recommended by.the Pension Board ~. Reed read proposed Ordinance No. 76-59 by caption. ¥~s. Jackson moved the adoption of Ord~uance No. 76-59 on first reading with the substituted last page. ~. Zack seconded the motion. No discussion. ~s. Padgett took a roll call vote as follows: -18- M~IUTES - REGUI~CR CITY COUNCIL MEETING BOY~[TON BEACH, FLORIDA DECEMBER 8, 1976 Counci!ma~u Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - ~-ice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordinsmce No. 76-60 R · - e. Repeal of Code Chaot~r 7 (Civil Service) to Eliminate Conflict Between Antiqua~eg Provisions of th~s Chapter ~ud Previsions of Charter and .Civil Service Rules ~ud Regulations Adopted l>~rsuant Thereto, Mr. Reed read proposed Ordinance No. 76-60 by caption. ~. Zack moved the adoption of Ordinance Ne. 76-60 on f~st reading, seconded by Mrs. Jackson. No discussion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson Councilman Strnad - Vice ~or Zack - Aye Meyer DeLong - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 76-ZZ - Re: Authorize Execution of ~_greement to Participate in "Cooperative Dispatch Center,, ( Tabled ) ~. Reed referred to this Resolution having been tabled an~ advised that they were ready. Mr. Harmening moved to remove this from the table, seconded by ~¢r. Zack. Motion carried 5-0. M~. Reed read proposed Resolution No. 76-ZZ by caption. Mrs. Jackson moved the adoption of Resolution No. 76-ZZ and directed the a~propriate City o~ ' ' - ~f~c~als to sign the agreement.~ ~' Zack seconded the motion. No d'mscussmon. Mrs. Padoet~ took a roll call vote as follows: Councilman Hs~mening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Mayor DeLong - Aye Motion carried 5-0. -t9- MINUTES - REGULAR CZTY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECE~ER 8, ~ 976 Proposed Resolution No. 76-~ - Re: Request Dept. of Trans- portation to Re-Designate 1-95 Mwit Signs Ms. Reed read proposed Resolution No. 76-M/~ by caption. ~. Strnad moved the adoption of Resolution No. 76-~, seconded by ~s. Jackson~ Under discussion, .Mr. Strna~ asked if any attempt had boo,made to ask the Dept. of Trans- portation to move the sign on the existing ramp designating the ramp as Boynton Beach down on the main h~g~.way, so people would know before they get there? Mayor DeLong asked if it was designated in the body of the resolution where they wanted them placed and Mr. Reed replied that they had not designated the exact placement of the signs. He added that it could be passed by motion and when the resolution is forwarded, it could ~e included in the cover letter. Mr. Strnad clarified that he ~as not trying to change the resolution, bnt was ~ust wondering if there had been any communication for the existing signs on the ramps designating Boynton Beach to be placed down on the highway and ~. Reed replied that there had been no communication regarding this to his -knowledge. Mr. Strnad asked if this could be done, as it will take awhile to get ~i~a~i~ M~s. Jackson suggested that this be handled ~ i i ely with a letter. Mayor DeLong referred to the City Attorney,s recommendation and stated it would take a simple motion now and it comld be incorporated in the reso- lution. ¥~. Reed referred to the second section and clari- fied that it could be indicated in th~ letter with the reso- lution that ~his is the forma!~ consensus of the Council to request the ch~uge of the location of the signs on the ramps. Mr. Strnad moved to instruct the City Attorney to amend the re~olution to comply with this request, seconded by Mrs. Jackson. Under discussion, Mr. Reed stated he thought it could be done by letter and ~vor DeLong agreed ~ud state~ the motion would be to have a letter sent from the Manager. Motion carried 5-0. - Mrs. Padgett then took a roll call vote on the motion to adopt Resoultion No. 76-M/~Mas follows: Councilman Harmening . ~e Cou~ucilwoman Jackson - Aye Councilman Strnad - .&ye Vice Mayor Zack - Aye Mayor DeLong - .~¥e Motion carried 5-0. Proposed Resolution No. 76-A~ - Re: Re-affirm Council,s Support of Seacrest Blvd. Four_laming ~ad General Improve- .~ent to be Undertaken by Palm Beach County -20- MINUTES - REGULAR CiT~ COUNC~ MEETING BOYNTON BEACH, FLORIDA DECE~ER 8, 1976 M~. Reed read Resolution No. 76-I~R~ by caption. Mrs. Padgett informed the City Council that Mrs. Von Goertz had requested to speak in reference to this resolution. Mrs. LillianFon Goertz stated her name and her address as 816 S. Seacrest Blvd. She presented a petition wit~ 200 names and added that mamy of the people were present, but could not wait this long and had to leave. She informed t~em that this p~tition was presented to the Palm Beach Couuty Commissioners atthe Deot. of Transportation Committee meeting ~n Eovember ~6, ~ t~e County Court House, She then read the oeti- tion ~rom ~ne aomeowners and residents on Seacrest Blvd.-most vigorously opposed to the four-laning of Seacrest Bl~d. She told about the private orooertv an8 . ............ which would be taken for ~hms wmdenmng. She then advised that the traffic had decreased by at least 20% with the ~pening of 1-95, The confiscatio~ of private property is not in the public inter- est of the ~oynton Beach residents. This project has become outdated and Unvalidated with ~he ope~king of 1-95, This is egress~ve action. Constructing a four l~~e higb~ay wil~ create grave parking Drob~$ms, endanger the lives of the school children, encourage ~peeding, add to the air an~ ~oise pollution and forc~ ~ residents to sell their homes o~c~Use o~ ~crea~ing ad~tio~ health h~ards. W~t they neem is a good Rermsm~t rear of the existing roadbed ~nd drainage and wi~enin i ~ g ~ m~lar to Delray Beach. e be en ' · ~ ~ ~ ~ - Th,y should ~ ~t~tled to~ ~he s~ ~mp~ovements as Delray Beach. Phase ~ anm Passe 2 have their fu~l suoport. The Delr Boa h Phase was ~take~ off t~z requirements, ~ ~ m~ney aug escaped the four lane Mr, Jackie Bolden stated his name and his address as 2861 S. Seacrest Blvd. He stated that he did not tn_nk~ he could state it any better than ~.~s. Von Goertz. With the super highway just west of town and U. S. 1, it does mot make emy sense to make this a four l~aue h_gnwe~%~ ~ M~. Roland Terilli stated his name e_ud his address as 701 S. Seacrest Blvd. He first stated he had to go along with the previous two speakers. He is totally opposed to the four laning of Seacrest Blvd. His home was built in 1925 and is located in close proximity to the sidewalk. His front door is 12 ft. from the sidewalk and 6 ft would be r~ it would ~ll~na~e any parking space he has other the~ the garage, it would destroy his home. The house would not have any resale value without some radical alterasions being done. It would be almost impossible to live there just a matter O~a few feet from the sidewalk. He referred to pic- tures bem~_g presented noting the times and dates smd showing no traffic at all on the street. The traffic has been sub- stantially reduced since I-9~ opened. He requests the Coun- cil to consider eliminating ~hi~. -21- MINUTES - REGUi~R CITY COU~CIL ~ETING BOYNTON BEACH, FLORID_. DECE~W~ER 8, 1976 ~Vms. Jackson moved that Resolution No. 76-~N~ be rejected, seconded by ~. Harmening. Under discussion, Mr. Zack stated that he attended the public information meeting and possibly only eight people asked questions. Only one person appeared to be bitter. He checked the petition and there are roughly 165 fe~ilies and a total of 42 fa~ilies live on Seacrest Blvd. There is a total of 89 buildings on S. Seacrest. He believes this was brought before the City Council in 1974 and they were interested in four l~es, drainage and side- walks. As of ~rch, 1976, a resection was requested by M~s. Jackson asking the County Commissioners to reconsider their action to give priority to the widening of Seacrest Blvd. He read the discussion regarding this from the minutes of t ' h~s meeting. At that time, Mrs. Jackson referred to traffic during the rush hour ~ud sho.~ed pictures of the ~rainage pro- blems. The resolution was passed on March 23, 1976, M~s. Jackson agreed this was true; however, at that time, they did not know the impact of 1-95. Also, they have fou~ud out in the mes_utime that the County has not requested the money for t Otb Avenue as they had hoped ~ud she would rather see that money go into lOth Avenue° This is the only residen- tial 'boulevard they have in the City. Also, what will hao- pen to the library with the widening? Mayor DeLong replied ~that the library was immaterial as it was laid out to provide for t~e r~gnts-of-way for the four laning. ~irs. Jack_son added that it was unnecess~y now to confiscate proper~y when they P~ow the impact of 1-95. ~. Harmening stated that he would like to seeaan alternate solution to proposed Resolution No. 76-N~. He would like to see the street widened a little bit, but still maintain the two lanes; elevation raised; drainage improved; ~md turn- outs at major intersections. He thi~s this would be more economically feasible, adequate for the future, and would sire some r~lief to the people living on Seacrest who will ~ inconvenienced by the four laning. Meyor DeLong referred the Dept. of Transportation rejecting ~y alternate plan and Mm. Kohl ~greed. Mr. Harmening referred to the Cowry having funds. i gentleman from the audience appeared before the Council and Mayor DeLong explained that he could not be recognized after a motion we~ made and he would havre been given an opportunity to speak if he had given his name to the City Clerk. The m~ insisted that Mr. Zack had made a wrong statement and ~yor DeLong declared him out of order. The man continued that his statement was importe~t. He stated that the Dept. of Transportation has a new policy which originated in ~976 e~d ~ ~ when st=re funds e~e used for im- provements for State or secondary St_~e roads, they can only he four lane, six la.ne or eight lane. F~. Reed agreed this was correct. The man continued that if the public worP~ money was used, then the mUnicioality could -~ ~ _ w~de~ the two lanes or whatever they want. ~s. Jackson replied that the -22- MI}~J~S - REGULAR CITY CO~CIL ~.ETING BOYNTO~? BEACH, FLORIDA DECE~ER 8, 1976 money is in the County. The man continued that S. Seacrest is the same as in Delray Beach. N. E. 8th ~t. to Woolbright Road was funded with a bond issue from the State of Florida with prepayment of gasoline taxes bud the Council voted it down. Mm, Medlen took it off and put it in Federal Revenue Sheming. Mayor DeLong replied that he believed they said the funds were available to work on the project of Seacrest Blvd., but if we don't go ~2ong with it there won't be any funds. Mr. Kohl agreed this was the way the communication read. Mayor DeLong clarified that if they didn't go along with this project, thentthe funds would go to auether project. They do not know if State funds will ~e available. They could as~k if sn alternate plan could be substituted. The man informed him that Commissioner Lytal asked if there was an aiternate plan and there was an alternate plan consisting of widening the p~esent road bed. It still can be two lanes. They could install dry wel$s for drainage. He then discounted Mr. Eack's theery of counting families ~rom an aerial photo- graph. ,_Mayor DeLong replied that he did not want to dispute about the flow o~ 8~ainage, but dry wel~s would never be sufficient. Ee referred to the man's statement about the alternat~e pla~ ~ud stated he understoo~ the County wa~uted to consider it~ but they were overruled by the Dept. of Transportation. The man agreed this was true because of State bemd money, however, the County could use their own money or Federal Revenue Sharing, 'The County was receptive to the ~l~er~ate amd agreed there was no necessity to create a four lane highwstv. Mayor DeLong clarified that the question was whether they were going to re-affirm or d~sapprove. }~. Harmening re- plied that if they voted for this resolution, there was a fair chance that it will be implemented and he doesn't be- lieve the implementation of the full four l~aes with c~mrb, gutters, sidewalk, etc. will leave the people a~J room to b~a~the. He does not think it is necessary now. If it is necessary, he is sure funds will become avail~ole. Mayor DeLong asked the City Attorney if the resolution could be amended to include if there could be ~u alternate plan which they approved, could it be considered and not deprive the implementation which is in the process of starting? He referred to having spent $150,000 on the engineering. If there is an alternate plan, it may be more suitable. Mr. Ree~ replied that he thought they would have to be specific in some general way with respect to the alternate plan if they mmend the resolution. He then referred to reading the petition and the three phases mentioned, He asked if the petition actually objected to the one phase which was 1/3 of the total project? He referred to the resolution covering the entire length of Seacrest through- out the City sa~d not bresd~ing it down into phases. He thinks they could amend the resolution, but thinks i~ some specific fashion~ they must provide a reliable alternate. -23- MINUTES - REGULAR CITY CO~C~-L MEETING BOYNTON BEACH, FLORIDA DECE~ER 8, 1976 Mr. Strnad stated he thought it would be a bad mistake to turn down this offer from the County to do this project with getting improvements of drainage and paving. He told about the State Road Dept. t~king property from Eim and how it aid not bother him s~ad he was paid for it. He then re- ferred to looking at the photographs submitted and stated it seemed a great deal of improvement could be done to Sea- crest Blvd. ds f~ as cutting down a 100 yr. old Banyan Tree, he cut down a 150 yr. old Banyan Treetlast year. Mrs. Jackson referred to drainage being mentioned and stated she thought the minute they put in curbs, it means the water goes into the intr~coastal waterway. It should be going down in the ground table. She agrees that two lane widening and reparing the road would be better. Mrs. Jackson moved to table this reso~tion until an alter- hate could be prepared. Mr. Harmening seconded the motion. As reqnested, M~s. Padgett took a roll call vote as follows: Councilman Harmening - A~ve Councilwoman Jack, on - Aye Councilman Strnad No Vice Mayor Zack No Mayor ~eLong No Motion failed 3-2. ~s. Padgett then took a roll call vote on the original mo- tion to reject Resolution No. 76-Nh~ as follows: Coumcilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad No Vice Mayor Back No Mayor DeLong No Motion failed 3-2. Mr. Zack moved to re-affirm the Council's support to Sea- crest Blvd. and adopt Resolution No. 76-N~H~, seconded by ~.~. Strnad. Mrs. Padgett took a roll call vote as follows: Councilman Harmening - No Councilwoman Jackson - No Councilman Strnad - Aye Vice M~yor Zack - Aye Mayor DeLeng - Aye Motion carried 3-2. Mayor DeLong requested the City ~uager to notify the County Commission of the re-affirmation of the resolution. MI~JTES - REGUt~ CiT~ COUNCIL MEETING BOYNTON BE_~CK, FLORIDA DECE~ER 8, 1976 Mayor DeLong announced a motion was in order to revert to the regular, order of business. Mw. Harmening so moved, seconded b¥~m. Zack. Motion carried 5-0. EID$ One (~) New 12" Wood Chipmper .Mr. Kohl informed the Council that bids on the above were opened on Monday, November 29, 1976, at 3:00 P. M. in the office of the Purchasing Agent, ¥~. William H. Sullivan. The Tabulation Committee recommends accepte~uce of the low bid from Asplu~h Service Center of Fort,Lauderdale in the amount of $5,925.00. A copy of the Tabulation Sheet, Pro- posal and ~ffidavit signed by Mr. Argo D. Karallus, Manager of th~ AsphlunS~ Service Center are on file. He has checked all other requirements and everything is in order. Mo~ies in the amount of $5,000.00 were budgeted for the ~oove p~- chase, however the total price for the wood chipper came to $7,325.00 less the trade-in ~alue of $1,400.00 bringing the cost to $5,925.00. If council approves the above purchase, they will sabsequently need a: Transfer of F~ds: Federal Revenue Sharing Fund From: 020-830 Trash Tractor - $ 381.00 020-825 1/2 Ton Pick-Up - .544.00 $ 925.00 To: 020-826 Chipper w/Trade He concurs with the recommendations of the Tabulation Com- mittee. Mr. Harmening moved to award the bid for a t2" Wood Chipper to the low bidder, Asplundh Service Center of Fort Lauderdale in the amomut of $5,925.00, and also grant permission to transfer the funds to cover the purchase. ~. Zack seconded the motion. Under discussion, ~. Strnad referred to the present wood chipper only being a few years old and questioned wha~ was wrong with it and N~yor DeLong replied that he thin?~ the people running it were inexperienced. ~. Sullivan in- formed them that it was purchased in ~972 ~ud ~. Kohl added that it does not work &nd they c~_nnot get parts. Motion carried 5-0. Ten (10) New 1977 Police Cruisers Mr. Kohl informed the Council that bids on the above were opened on Monday, November 29, 1976, at 3:30 P. M. in the office of the Purchasing Agent, Mr. Willie~ H. Sullivan. The Tabulation Committee recommends acceptance of the low bid from Palm Beach Dodge, Inc. of West Palm Beach in the -25- MIEUTES ~GUT_~R CITY ~O~CIL MEETING B0~NTON ~ACH~ FLORIDA DECE~ER 8, t976 amount of $41,000.00. A copy of the Tabulation Sheet, Pro- posal and Affidavit signed by M~. C. D. ~ers, Fleet Sales Ms~ager of Palm Beach Dodge, !nc. are on file. He has checked all other requirements and everything is in order. Monies in the amount of $40,720.00 were budgeted for the above pur- chase, however the total price for the ten cruisers came to $51,900.00 less the trade-in value of $10,900.00, bringing the cost to $4~,000o00. If Council approves the above purchase, they will subsequently need: Transfer of Funds: Federal Revenue Sharing Fund (Public Safety) From: 020-810 Furniture & Equipment $ 280.00 To: 020-811 Vehicles (10) 280.00 Also on file is a copy of the Budget Trao~fer Request signed by the Police Department ~d by our Fin~ce Director subject to Council,s approval. He concurs with the recommendations of the Tabulation Committee. ~. Zack moved to purchase ten new 1977 Police Cruisers from Palm Beach Dodge, inc. upon the recommendation of the Tabu- lation Committee ~d City Manager for a total of $41,000.00 and grant permission to transfer funds. M~. Strnad seconded the motion. Motion carried 5-0. Furnish & Deliver Cle~m Land Fill Mr. Kohl informed the Council that bids on the above were opened on Tuesday, November 29, 1976, at 4:00 P. M. in the Offic'e of the Purchasing Agent, Mr. William H. Sullivan. The Tabulation Com~ittee recommends acceptance of the sole bid from Keatts Trucking Service, Inc. in the amount of $1.60 per square yard from oit and $1.30 per scue~e yard when surpluses are available. A copy of the T~bulation Sheet, Proposal ~_ud Affidavit signed by M~. Clifford E. Eeatts, President of Eeatts Trucking Service~ Inc., are on file. He has checked all other requirements and everything is in order. Monies for this expense have been budgeted in the Sanitation Department (Landfill) Account No. 001-853-39 in the amount of $10,000.00. He concurs with the recommenda- tions of the Tabulation Committee. Mrs. Jack~on moved to award the bid to furnish and deliver clean 18~d fill to Eeatts Truckling Service, Inc. in the amount of $1.60 per square yard from pit and $1.30 per squars yard when surpluses are available. M~. Strnad seconded the motion. Under discussion, M~. Strnad questioned how they would know when they will get the $1.D0 price and referred to it sounding like a bargain store. M~. Kohl explained how when they needed dirt or fill at the landfill area, they must have it. if there is surolus available in the area, Keatts has geners~ly notified th~ City ~ud they look at it. He -26- MIh~gTE£ - REGL~M CITY- COUNCIL MEETING BO_VNTON HEAd, FLOR~A DECEMB~ 8, 1976 then referred to there only being one bid and ~ ' ~ a~vls~c that they had asked for others. He added that this was a low price as they generally get $2.00 to $2~50 per yard. Motion ¢~mried 5-0. Tm'o (2) Industrial T~..pe Tractors w/F~ent End Loaders ~m. Kohl informed the Council that bids on the above were opened on Tuesday, November 29, t976, at 2:30 P. M. in the Office of the Purchasing Agent, Mm. WilliamH. Sullivan. The Ts~nlation Gommittee recommends acceptance of the low ~id fr~mTrail Ford Tractor Comp~ of L~i~e Worth in the amou~t of $t7,390.00. A copy of the T~oulation Sheet, Pro- poeal a.ud ~ffidavit signed by Mr. Gh~les W. Smith, ~ice President of Trail Ford Tractor Company, are on file. He has che~cked all other requirements ~_ud everything is in order. Monies are a~aitable for the abOVe purchase as follows: Federal Revenue Shsming Fun~ (Environmental Protection) Sanitation Department: 020-830 Tr~h Tractor 020-831 Fork for Tractor Streets Department~ 020-832 Tractor w/Grader Front End Loader $ 8,095.00 600.00 8~695.00 $ 17,390.00 He concurs with the reco~mendations of the Tabulation Com- mittee. Mr. Harmening moved to award the bid for two Industrial Type Tractors with Front End Loaders and Three Point Hydraulic Lifts to the low bidder, Trail Ford Tractor Company of Lake ~orth, in the amount of $17,390.00. ~. Zack seconded the motion. Under discussion, Mm. Harmening referred to the ~abulationShe~t and noted a discreoancy in prices and ~. Kohl fi-uformed nlm that $17,390.00 wis correct with the rear wheels and trade-in. ~. Harmening referred to the trade-in allowance of $2,500.00 and questioned what they were trading in and M~. Kohl informed him it was an old tractor. 1~m. Harmening asked how old e~ud M~. Sulliv~ replied: 1969. Motion cemried5-O. Field Portable Biomedical Telemetry & ~ol.c~ Comm~ication Unit M~. Kohl read the attached memorandum dated December 1 from ~Lr. ~±lliam Sullivan. He clarified that the request was for a difference of $65.70 to be approved for a tr~es- for of funds to go ahead amd buy a Motorola unit. -27- MINUTES - REGUL~R CITT COUNCIL ~T~ETING BOYNT0~ BEACH, FLORIDA DECE~ER 8, 1976 Mr. Harmening moved to grant permission to trs~sfer $65.70 from Account 001-866-81, Medical & First Aid Equipment, to Account 001-866-94, Field Portable Bio. Med. Telemetry Ge8~ (New Account). Mms. Jack~on seconded the motion. No dis- cussion. Motion csmried 5-0. OLD BUS~SS Public Activities - Councilman Norman F. Strnad Mr. Strnad first stated that he was very much impressed with the Christmas Pe~ade. He then told about receiving inquiries during the past 1½ months from different people asking about different activities ~rtaining to this parade. However, the needle did not strike the nerve until a woma= called lsat week and said she voted for him, but it would be the last time as evidently she thought he knew what was t~/~J_ug place. She told about living next door to a City employee and certain th~ugs have ts_ken place. He would like to have a study made, so he can a~.~swer simply the questior~ asked o£ him. Some of the questions asked were: how many floats, by whom, which floats were these workers paid for, how much ms. terial pur- chased, any funds used from any other than the ~ommumity Promotion Account for materials, overtime paid City employ- ees~ what was the cost to the ts~peyers for the labor by City employees for construction of the floats? He would like to have a separate detailed ~ccountir~ of all public monies spent for the 1975 and 1976 Ch~istmas Pare. des, so he can answer people calling him. He does not want to throw this into the lap of the City Mauager because he does not think it is fair. He would ask that a stmdy be made by someone in the Poliee Department to find out the answers to these questions, so he .knows what is going on. He then stated that the above was in the form of a motion. Mr. Zack asked if there ~as a~jfthing else to be investigated and Mm. Strnad replied that there are other thiugs, but at this particular'time he would not like to bring them up. He would like to tsd~e care of one thing at a time. M~. Zack then seconded the motion. Mayor DeLong c~arified that it had been mo~d and seconded to instruct the Chief of Police to conduct a study in order to ascertain the answers to the ques6ions asked by .Mr. Strnad above. Under discussion, Mr. Strnad added that he was not t~ying to insult anyone. He referred to the Mayor being around the City ever~~ day and his reaction. Mayor DeLong replied that he was not opposed, but is in favor of this. He added that any Council member has the right to request this. Mr. Harmening questioned who was going to investigate the investigators and Mayor DeLong replied that it would be turned over to the Police Deps~tment. Mrs. Jackson added that she thought msybe the Council should be investigated too and M~. Zack agreed. -28- MI~JTES -REGUL~M CI~ CO~TCIL ~EETIEG BOYNTON BEACH, ~0RIDA DECEk~R 8, 1976 Mr. Kohl referred to this parade going on for approximately £our years aud questioned why they waited four years to bring this up? Each year, they try to expaud on this p~ade to make it more beautiful for the City of Boynton Beach. The Council members have riden in the parade and have taken ack- ~owledgement from the people. He asked Mr. Strnad what con- vertible he rode in? M~yor DeLong declared a point of order and stated he was getting far afield from what was requested. They are not asking who rode in what. He third~s the request was reasonable. He clarified that Mr. Strnad was asking the total az~oUnt spen~ for the parade and every member of the Council and every taxpayer has the right to know. He thinks ~. Kohl is going ~ar afield. This is a reasonable request. Every citizen is entitled to make this type of request. He doesn't waut it bogged down with who rode in what car. Mr. Kohl asked if anyone said anything about the floats dur- ing the past four years and Mayor DeLong questioned if anyone ~ew they were being built. Mr. Kohl referred to Mayor DeLong being at the General Services Building and M~yor DeLong re- plied that he was told they were being built and thought M~. Kohl knew what he was doing. Mr. Kohl remarked that for four years this has been going on and they have all lovsd it. M~yor DeLong clarified that they were talking about the funds and the public wants to know how much they are spending. Mr. Strnad ad~ed that there was no use in N~. Kohl getting upset as he was just asking for a study. M~. Kohl replied that he did not have to make an accusation. He added that he thought this was very bad to be brought up in reference to this beautiful thing started in Boynton Beach. ~s. Jacks3n referred to also receiving a telephone call in- quiring about this a~ud she advised that she just asked Kohl for the information and she was satisfied. M~yor DeLong asked what she would do if she was not satisfied with the answers and M~s. Jackson clarified that she would just like to know if M~. Strnad asked M~. Kohl and Mr. Strnad replied that he did not. As requested, M~s. Padgett then took a roll call vote on the ~ follows: mot_on as Co~ncilman Harmening - No Councilwoman Jackson - No Councilman Strnad - Aye Vice ~yor Zack - Aye Mayor DeLong - ~e, as he thir~ks the air should be cleared. Motion carried 3-2. -29- MIh~GTES - ~GUL~R CITY COUNCIL ~ETING BOY~TON BEAC~, FLORIDA DECE~R 8, 1976 M~. Kohl stated he would like to ask for an investigation of more things. He is not ashamed of anything he has done on the parade. He believes all the Council members should be investigated also. F~. Zack made a motion to that effect, seconded by Mrs. Jackson. M~¥or DeLong clarified that it was moved and seconded that the entire Council shall be in- vestigated by the Police Department. Under discussion, M~. Harmening remarked that this was ~idiculous and stupid. He added that he had no intention whatsoever of allowing the first Boynton Beach policeman to ask him any question on any subject. Mr. Kohl referred to he-Lng City Manager and being in control of the Police Depe~tment and Mayor DeLong disagreed. This was argued further and N~. Reed was called Upon for a legal interpretation. N~. Reed read Sectio~ 54 with respect to the duties, powers and privileges of the Mayor including being in charge of the Police and Fire Departments for the purpose and intent of carrying out ordinances, etc. Mayor DeLong clarified that this would be classified as enforce- ment of the ordinances. Mayor DeLong cautioned M~. Kohl about trying to stop the Police Chief from giving this in- formation requested and which every citizen is entitled to. }~. Kohl remarked that he could care less. As requested, Mrs. Padgett then took a roll call vote as follows: Councilm~u He_~mening - No Councilwoman Jackson - Yes Councilman Strnad - Aye Vice M~yor Zack - Aye M~or DeLong -Dje Motion carried 4-1. Mrs. Jackson questioned the kind of investigation and Mayor DeLong clarified that Mr. Strnad had asked for an accounting of the funds for the parade ~ud ~. Kohl had asked for an investigation of the Council members and the vote was 4-1 to investigate the Council members. He then instructed the City Clerk to send two messages to the Police Department, one requesting an accounting of the funds for the parade as re- flected in the minutes ~nd the second will be from the City Manager to i_uvestigate the Council members. He added that he would also send his own communication without the request of the Council. He cautioned everyone about having this re- quest stymied or blocked. He feels the people should know what was spent. He is going to mnvoke the duties and powers of his office. ~. Reed suggested that the Coumcll be concerned in all seriousness. He added that he feels some obligation tc try to clarify any motions, ordinauces, resolutions, etc. He think~ some addendum should be made to the last motion nassed. He thinks someone should revise that motion to provide ~ith respect to what area the Council members 8~e to be investi- gated and specifically by whom. He would assume the Police -30- F~GTES - REGULAR CITY COUNC~ MM~TING BOYNTON BEACH, FLORIDA DECE~ER 8, 1 976 Depart~mnt and expenditures for the ps~ade, but the motion is not specific enough in that regard. Mx. Zack clarified that the motion would be to investigate whether any ordins~ces had been violated. N~. Reed stated that they should note v£no is to make the investigation and on what subject matter. Mayor DeLong suggested that M~. Kohl should supply the information he wants investigated on each individual Council member. M~. Reed asked if N~. Kohl had something specific in mind and N~yor DeLong requested Mr. Kohl to pass the information onto Mr. Zack. ~. Reed asked who was to make the investigation and M~. Zack replied that the Police Department was. Mr. Reed suggested including in the motion that the Police Chief ~3~st make the investigation based on information supplied by the City Ms~uager. Mayor DeLong ao._uounce8 a new motion was in order i_ustructing the City M~uager to supply the information he wants investi- gated on the individual Council member or members and this investigation shall be conducted by the Chief of Police. Mm. Zack so moved, seconded by Mm. Strnad. Under discussion, Mrs. Jackson remarked that she thought the Police Department has a big job and this will be a waste of time. M~s. Padgett then took a roll call vote on the motion as follows: Co~ucilmau Harmening - No Councilwoman Jackson - ~e Councilman Strnad - Aye Vice Mayor Zack - Aye ~A~yor DeLong - Aye Motion cemried 4-1. Mayor DeLong requested Mrs. Padgett to get the appropriate letter sent to the Police Chief covering both these instances and added that he would also get his own letter off under that particul~ section of the City Charter. Mr. Harmening asked the City Attorney if the section of the Charter setting up the City Manager form of government superseded the section referred to by the Meyer and Mayor DeLong replied that the City Charter states you can or mej engage the services of a City Manager and everything else in the Code of Ordinances is by ordinance. This is one of the six you cannot tamper with. There ca-~ot be any distribution of p~wers which have been given to publicly elected officials. If they don't want the Mayor to have this power, they must call for a referendum. Mrs. Jackson referred to when the City Managers were hired end stated she did not reme~oer the Mayor ever having charge of the Police Department. Mayor DeLong replied that the Charter supersedes the ordinances. Consider Appeal of Case No. 76-3033 CA(L) O~ D ($865,000.00 Capital Improvement Bonds) Miuutes of 12/2t/76 -31- MINUTES - REG~JL-~M CITY COL~C~ MEETING BOYb~ON BEACH, FLORIDA DECE~.R 8, 1976 Mayor DeLong announced that the question was whether or not they wanted the City Attorney to proceed. Nms. Jackson re- ferred to this being a campaign issue of the newly elected Council members and she thinks it should be put to referen- dum at a later date after a feasibility study can be made. ~,~s. Jackson moved to repeal enabling Resolution No. 76-TT. Mayor DeLong stated that this Coumcil is empowered to in- struct the City Attorney to proceed with the appeal. If the incoming Co~mucil is displeased with the action of this Coun- t-il, they can rescind. ~. H~mening then seconded the motion. Under discussion, Mrs. Jackson referred to the num- ber of people s~2~ing out and she thinks they should listen to the people. Mayor DeLong replied that she should have thought of the people when the Police Station was built in t971. M~s. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad No V±ce Mayor Zack No Mayor DeLong No Motion lost 3-2. Mm. Zack moved that the City Attorney t~ke the necessary steps to defend this appeal, seconded by Mr. Strnad. Mayor DeLong clarifiedtthat it had been moved and seconded that the City Attorney proceed with defending the appeal that has been en- tered against the validation of the $865,000.00 Boynton Beach capital improvement revenue bon~, Series 1976. ~o discus- sion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - No Councilwoman Jackson - No Councilman Strnad Aye Vice Mayor Back - Aye Mayor DeLong - ~.ve Motion c~ried 3-2. Consider Third Amendment to Contract for Sales and ~rchase for Proposed Park Site (Mr. & Mrs. Melvin Goldberg~a~d Mms. Iris Sn~der) M~. Reed informed the Council that he prepared this third amendment to the existing deposit receipt relative to the proposed park site to be purchased, which is one of the three purposes of the $865,000.00 capits~ improvement revenue bonds. The effect is to extend the closing date to January 5, 1977. The sellershave executed the contract and it is being sub- mitted to the City for approval or rejection. -32- MI}~TES - REGUL~9 CITY COU}~CIL ME-'ETiNG BOYNTON BEACH, FLORIDA DECE~ER 8, 1976 Mayor DeLong ascertained that the members of the Co,aucil had the information sm~d communications in reference to this. Nm. Zack moved to accept the third amendment to the contract for sales a~ud purchase for the proposed pemk site, seconded by ~. Strnad. }~. Reed suggested that they instruct the appropriate officials to execute the third amendment. Mayor DeLong clarified that it had been moved and seconded to in- struct the appropriate officials to execute the third amend- ment to the contract for sales and purchass for the proposed park site. No discussion, Mrs. Padgett took a roll call vote as follows: Councilman Harmening - No Coumcilwoman Jackson - No Co~ncilme~n Strnad - Nye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 3-2. Request Authorization to Execute Agreement ~d Addendum to A~reement - Re: Peabod7-Peterson Co. Mayor DeLong ascertained that all the Council members had received the communications in reference to this and referred to the City Attorney's recommendation. M~. Harmening moved to accept the recommendation of the City Attorney and execute the Agreement ~ud Addendum to Agreement to Peabody-Peterson Co. ~. Strnad seconded the motion. No discussion. Motion carried 5-0. .,%~7~ BUS I~SS Consider Christmas Bonus for City Employees - M~yor Joe DeLong Mayor DeLong referred to the amoun~ being budgeted this year and ~. Kohl agreed. ~ms. Jackson moved to grant the City employees a Christmas bonus of $25.00 each as they have done in the past, which is budgeted. ~r. Zack seconded the motion. No discussion. Motion carried 5-0. Discuss Si~n in Forest Park PlaT~round - Councilwoman Jac~so~ Mrs. Jackson referred to the Forest Park Playground being seen from 1-95 and stated she thought the fence would be a good place for a sign possibly stating: Boynton Beach, Sailfish Capital, number of motels and gas stations - fuel, lodsng and food. She suggests a nice sign with a light and possibly a location for one Can be found in the north end also. ~yor DeLong requested that she proceed with discuss- ing her suggestions with the City Manager. -33- MINUTES - REGULAR CITY CO~nNCIL MEET_~G BOYNTON BEACH, FLORIDA DECE~ER 8, 1976 Consider Recommendation of Personnel Director, M~. William H. Sullivan - Re: Cna~ge in Civil Service Rules & Regulations Mayor DeLong ascertained that everyone had read M~. Sullivan's recommendations. Mr. Reed ascertained that the Council mem- bers had received proposed Resolution No. 76-QQQ pertaining to this and he then read Resolution No. 76-QQQ. 7o-QQQ, M~s. Jackson moved the adoption of Resolution No. ~ seconded by ¥~. Zack. No discussion. ~s. Padgett took a roll cell vote as follows: Councilman Harmening - Aye Oouncilwoman Jackson - Aye Councilman Strnad - Aye ¥ice Mayor Zack - Aye Mayor DeLong - B~ye Motion carried 5-0. Accept $~,OO0.O0 Donation.to Boynton Beach Public Library from M~s. Marion Bentle~ Wall M~so Jackson moved to accept the donation of $1,000.00 and send a certificate to >~s. Marion Bentley Wall for being a dedicated citizen. M~. Kohl informed her that they must also include that the money has to be used to purchase copies of the Bicentennial Film. M~so Jackson agreed and lit. Zack seconded the motion. No discussion. Motion carried 5-0. B~DM~¢IS TRAT I~ZE Request Authorization to Execute Agreement Between t:e City Re: Traffic Signalizations~ and ~Palm Beach County - M~. Kohl referred to the letter submitted to the Council members received from the Co~uty in regards to traffic sig- nalizations at the intersections of Woolbright Road and U. ~ud Woolbright~ Road and Seacrest Boulevard. M~myor DeLong announced a motion was in order to execute the agreements. M~. Reed informed him that he had prepe~ed Resolutions No. 76-PPP and 76-000 in respect to these agree- ments. He suggested that the Council consider these in con- junction and he read Resolution No. 76-PPP and Resolution No. 76-000. M~s. Jackson moved the adoption of Resolutions No. 76-PPP and No. 76-000, seconded by }~. Harmening. No discussion. M~s Pa~oeVt took a roll call vote as follows: Councilman Harmening - Aye Councml$~oma~ Jackson ~jfe Councilman Strnad Vice Mayor Zack Mayor DeLong Motion carried 5-0. -34- - Aye - Aye MINUTES - REGUI~&R Ci~ COb~CIL ~ETING BOI~NTON BEACH, FLORIDA DECEMBER 8, 1976 M~S. Jackson then moved to instruct the proper authorities to sign the agreements, seconded by ~. Harmening. Motion carried 5-0. Consider Request of Atlas Peat~& Soil to Excavate Subsoils at The Charter Drive Corporation ~. Kohl referred to receiving a letter from Atlas Peat & Soil requesting approval to excavate the southeast corner of land owned by the ~marter Drive Corporation. ~ais consists of approximately 39 acres/275,000 cubic yards of organic materials. According to Chapter 10 of the City Ordinsmces (Page 179 and 180) before this can be accomplishe~, the City Council must approve this request. A copy of the letter from the Lake Worth Drainage District mnd-.eatmng they have no objections, the recommendation of the City Engineer, and a portion of the survey with the pertinent information thereon are on file. M~. Reed informed the Council that he talked with Mr. Howell about this request and pursua~nt to Chapter 10 of the City Code, it would be appropriate, if the Council is desirous of approving this request, that a motion be made specifying that the City Building Department issue a permit for excava- tion and removal of the soil work provided the applicant refills after completion of excavation up to a certain level. The Huilding Official recommended that they requ~e the ap- plicant to refill to the existing level when the werk was commenced. Also, a reasonable amc'mat of time must be set when the backfill will be completed and the Building Offi- cial recommended a period of three years. Also, the Council should fix ~ reasonable amount for a performance bond and the City Engineer recommended $400,O00~00. Also, the City Attorney should pr_spare a contract between the City and the applicant for the appropriate officials to execute. Mrs. Jackson se moved, seconded by ~. Harmening. Under discus- sion~ ~. Harmening suggested possibly amending it slightly as he believes the fill should actually go on continually with the excavation. It should be backfilled as they go along so they will have no problems of having it done. In a~dition, they won't have a big mud puddle there. There is the possibility bf having 50 ft. between the backfill and the w~rking area, ~. Clark informed him that he discussed this with the Building Official and they decided a maximum of two acres~ should be excavated at one time. M~. Harmening asked if this could be put ~to the building permit and Mr. Howell replied that it could be in the contract. Earmendng questioned if the motion needed to be amended and Mr. Reed clarified that the request was that the applic~uat cannot start excavation of the second two acres subsequently without backfilling the previous two acrss. ~s. Jackson included this final statement of M~. Reed's in the motion s~ud Mr. Harmeni~ agreed. Mr. Strnad reme~ked that he hoped -35- ~NUTES - REGUI~5~ CI~ COL~CiL ~ETING BOYI~TON BEACM, FLORIDA DECE~ER 8, 1976 they would have some control of the amount of muck getting carried onto the highway and referred to the problem of tt~ ge -ng the roads cleaned up. Motion carried 5-0. Consider Recommendation of Mr. Perry Cessna, Utilities Director - Re: Boynton Commons Water & Sewer System Mr. Kohl referred to the Boynton Commons Water and Sewer System and informed the Council that it was the recommenda- tion of M~. Cessna that 16" water line he installed along with the following: I. The developer take bids on 8" s_nd 16" water lines. 2. The ~ifference in the cost be advanced by the deve- loper ~nd the amount be shown as a credit to fut'~re water connections in this development. T~his credit should be valid for no longer than five years, in other words, if the developer does not sell out within five yee~s, he would lose whaDever credit had been approved and was still rems~ning at that time. He added that F~. Cessna feels approximately 4,000 linear feet of pipe is involved. The City wants him to put in 16" ~ud the difference in prices between 8" and ~6" water line installations is somewhat between $9.00 ~d $10.00 per linear foot and the difference ~ the cost would amount to approxi- mately $40,000. Mayor DeLong announced a motion was in order to approve the recommendation of the Director of Utilities for Boynton Commons. M~. Strnad so moved, seconded by Mr. Zack. M~jor DeLong clarified that it had been moved and seconded to ac- ceot the reco~endation of M~. Perry Cessna, Utilities Direc- tor, in his memo of Nove~ber 30, 1976, for the installation of a 16" water line for ~he Boynton Co~ons Water ~d Sewer System. No discussion. Motion carried 5-0. Approve~ Requested for Site Plan - Harbor H~]~ ¥~et Club M~. Kohl informed the Council that the Planning & Zoning Bo~d at their meeting of November 23, I976, ~u~uimously recommended the proposed covered parkinE be approved for the Harbor Hall Inlet Club. ~s. Jackson moved to approve the request for Harbor Hall Inlet Club as recommended by the Planaing & Zoning Board and on the recommendation of the City Planner. ~. Zack seconded the motion. No discussion. Motion carried 5-0. MINUTES - REGUL,AR CITY CO%~CIL ~iEETING B~YNTON BEACH, FLORIDA DECEMBER 8, 1 976 Appr~¢a! ReQuested for Site Plan - Sambo's Restaursmt M~. Kohl informed the Council that the Planning & Zoning Board at their meeting of November 23, 1976, unanimously recommended the proposed site development plans for Sambo's Restaurant be a~vproved, subject to the Technical Review Board recommendations. ~-~s. Jack, on moved to approve the request for a site plan for Sambo's Restaurant located at the S. W. Corner of U. S. 1 and S. E. 21st Avenue as approved by the Pls~lng & Zoning Board ~ud recommended by the City Plm~er. M~. Zack seconded the motion. Under discussion, Mr. Strnad questioned whether they could approve this without the Technical Review Board's reco~endations and Mayor DeLong replied that it was subject to the Technical Review Board's recommendations. Motion carried 5-0. Acce~t Resisnation of Mrs. Nora Simmons~ B.B. Housing Authority ~s. Jackson moved to accept the resignation of M~s. Nora Simmons from the Boynton Beach Housing ~uthority sad to send a letter of appreciation for services rendered. Mr. Zack seconded the motion. No discussion. Motion carried 5-0, Consider Replacement of Above Ms, or DeLong declared the nominations open for the replacement of ~o~s. Nora Simmons. Mrs. Jac~on norminated M~s. Blanche Girtman and added that she had talked to her smd she stated that she would like to serve. ~Lr. Strnad nominated Mr. Aaron Bro~ky, 2515 N. E. let Court, and added that he is a bank exsminer amd appraiser and he thir~W~ he would be qualified for this position. ~. Harmening moved that the nominations be closed, seconded by Mm. Zack. Motion carried 5-0. Mayor DeLong requested Mrs. Padgett to take a roll call vote on the nomination of M~s. Blanche Girtman and the results were: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - No Vice Mayor Zack - No Mayor DeLong No Nomination lost 3-2. ~. Kohl mentioned that he felt the Housing Board was going to frown on no, haying three blacks and I~yor DeLong replied that he felt they had representation and they are looking for people having experience in this particular field, ~M. Kohl referred to the Federal Regulations regarding minorities and ~or DeLong asked if the Federal Regulations stated the majority must be black? ~[r. Kohl clarified that he was just -37- MI-hUg!~ES - REGUI~R CITY COUNCIL BOYNTON BEACH, FLORIDA DECE~J~ER 8, t976 express~ag the feelings of the Housing Board and M~vor DeLong replied that this was not the law and ~. Strnad added that if their appointment was wrong, the Board could tell the Council. Mrs. Jack. son moved to table this appointment, seco_~med by M~. Harmening. Motion carried 5-0. Consider Reque.st .of Cemetery Board Re: Land ~h~ase Mm. Kohl referred to the request submitted to the Council members ~ud ~vor DeLong replied that he thought they should table this and get additional information. Mr. Kohl ques- tioned what kind of additional information? Mrs. Padget% clarified that the Cemetery Boated did not recommend the purchase, but just passe~ the information onto the Co~ucil. ~s. Jackson moved to file this for future reference, seconded by Mm. Harmening. No discussion. Motion carried 5-0. Csnsi4er Request of Chamber of Commerce Re: Purcx_ase City Mr. Kohl read the copy of the attached letter dated November 19 from the Chamber of Commerce. M~yor DeLong asked if they could get in trouble with regards to the sales tax and ~@. Kohl replied not if the City bought them. M~yor DeLong questioned if they were privileged to do this and F~. Reed replied that he believed so. Mayor DeLong stated that they could not do it for another private entity and ~. Reed clarified that the City was purchasing the City maps. Mayor DeLong asked if they could use the sales tax exemption privilege for a~v other private entity and Reed replied: no. Mme. Jackson moved to grant the request of the Chamber of Commerce relative to the purchs~e~f City maps. M~. Narmening seconded the motion. No discussion. Motion carried 5-0. Consider Statement from City Attorney Re: Tmsaale s Sani- tary Service Law Suit ~. Kohl informed the Council that a statement had been re- ceived from the City Attorney in the amount of $600.00 in reference to the above. They are in receipt of this file indicating the amount of work done ~ud what has been acc'om- plished to date in this case. The file consi~s of sixty-one (6~) pages and is available for review. Mm. Harmeming moved to pay the City Attorney the amo~3_ut of $600.00 for the legal on the Tisdale's Sanitary Serviee Law Suit. ~zm. Strnad seconded the motion. Under discussion, Mr. Reed asked if any of them had bothered to check the file on this case a~ud ~. Zack told about checking three cases. Motion camried 5-0. -38- MI~VJTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DEC=M~ER 8, 1976 Applications for Permit to Solicit: Boynton-Lantana Business & Professional Women's Club Boynton Woman,s Club ME. Kohl read the applications and advised that both were in order. Mr. Harmening moved to grsmt permits to solicit to the Boynton- Lantana Business & Professional Women's Club and ~ne oynvon Woman,s Club. M~s. Jackson seconded the motion. No dlscus- sion. Motion carried 5-0. Approval of Bills ® e Kohl read the following bills for approval: Penwalt Fe~Chlorine Crystals Pay from budgeted f~uds 030-822.65 Adams Chevrolet Co. Repairs to police cruiser P~ from Reserve for Self-lnsurance 00t-506 RussellS~& ~xon 6858-15-CPR Inv. #4 ~egotiatiens with contractors regarding Chef_ge Order #1 Ps~ from Utility General Fund 030-205 Authorization dated 5/8/74 Palm Beach Jn~ior College Tuition for Police Develooment Advanced Course - 2 officers P~¥ from Police Education Fund 001-507 Ordinance #74-35, Section 2-10, t(b) N~ational Cash Register Maintenance contracts on various machines Pay from budgeted funds 001-830.30 Russell & Axon 7460-5-I '~ngineering services Derformed for the "201~ Facilities Planning-SCRWTD Board Pay from Utility General F'e~d 030-215 Authorization dated 2/3/76 State of Fla.~ Dept. of Transp~rtatioo DOT Job No. 93512-3603-035 Ro~m 5-$11 Pay from budgeted funds 030-812.31 $19,850.25 030-820.31 $ 1,044.75 Resolution No. 76-HHH $ t,287.56 1,223.80 3,781.70 40.00 2,t00.00 20,895.00 -39- M/2~$~S - R~U!~ CITY CO~CIL MEETING BO-~iTON BEACH, FLORIDA DECEMBER 8, t 976 8. IsleD_ Andrews 88.00 Driver for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 020-880 Ordinance #73-75 9. Wi%lie Ruth McGrady 76.80 Server for Senior ~itizens Club - 2 wee_ks Pay from Federal Revenue Sharing Fund 020-880 Ordinance #73-15 10. Gersch & Bramuchi Est. #3 38,602.80 Water Distribution Building and Warehouse Pay from Atlantic National Bemk 1975A Series Contract dated 7/26/76 Mr. Kohl stated that he would like No. 3, Russell & ~xon, held for more information. He stated that the bills de- scribed have been approved and verified by the department heads involved; checked and approved for pejment by the Finance ~irector; funds are available in their respective budgets. He recommends payment of these bills with the ex- ception of No. 3. ~s. Jackson moved to pay the bills ~xon. Mr. Zack seconded the motion. ca_~ried 5-0. except for No. 3, ~o discuss_on. Russell & Motion 0~R Mr. Kohl requested that two checks be put back in the Promo- tion Fund, one ~u the ~mount of $220 from the Village Royale on the Green Men's Club and one in the amount of $188 from West Winds. Meyor DeLong replied that he thought they should be put back in the account. He has nothing to say about get- lng involved in this outlay of money or any chs~ge-back and these checks should just be deposited. ADJOUR~,E~ENT M~. Strnad moved to adjourn, seconded by ~. Harmening. Motion carried 5-0 and the meeting was properly adjourned at 12:t5 A. M. -40- M!_I~I-~ES R,~GU~_R CiTY COL~CIL ~gEETING BOYNTON BEA~q, FLORIDA D~C~MBzR 8, 1976 CITY OF BOYNTON BEACH, FLORIDA BY rOD ATTEST: / ~ ...... Copa~it- Memoer ~ ~City Clerk Recording Secretary (Five Tapes) -4t- MEMORANDUM Mr. Frank Kohl, City Manager Wm. Sullivan, Purchasing Agent December 1, i976 Field Portable Biomedical Telemetry Voice Communication Unit At the August 3, 1976 City Council meeting, the bid .for one (i) Field Portable Biomedical Telemetry & Voice Communication Unit was awarded to the tow bidder, Biocom Inc~.of Culve~ City, California. The bid specifically states that the successful bidder had to submit a. 100% Performance Bond. (See attached) I called Biocom regarding this and was assured the bond would be mailed. This was followed up by a letter of Novembert6~ 1~6 (See attachment $2)~ I call Motorola and spoke with the salesman~ Mr~ Lon Akerberg and he stated they would honor the bid price submitted. The first years warranty would be $30.00 per month rather than$38.00 as submitted. Therafter the warranty per month would be ~6.00~ The Chief concurs with this and has submitted a transfer of funds to cover the $65.70 difference between the Biocom unit and the Motorola unit. (See attachment ~3) cc: Chief Wright MEMORANDUM Frank Kohl C~ty Manager .... Perry A. Cessna Director of utilities Boynton Commons, Water and Sewer System Our master plan calls for a 16" water line to go north on Lawrence Road past this st%bdivision. As their plans which have been s~bmitted show. and the attached letter indicates, an 8" water line would serve the~ all of the water that they require for this approximate 200 unit subdivision. If you will note on the attached letter from Arthur Strock and Asso- ciates, dated November 22, in the parauraph that is bracketed, it says that negotiations should be carried out on the water line size. There are approximately 4,000 linear feet of pipe involved. After checking with several different places, the difference in prices be- wteen 8" and 16" water line installations is somewhat between $9.00 and $10.00 per linear foot. On this basis, the d~fference i~ ~he It is my recommendation that 16" water line be installed, along with the ~fo!lowing: The developer take bids on 8" and 16" water lines. The difference in the cost be advanced by the develope~ and the amount be shown as a credit to future water connections in this development. This credit should be valid for no longer than five years. In other words, if the developer does not sell out-within five years~ he ~ould lose what, vet credit had been approved and was still remaining at that time. I feel that this is reasonable, and that we should not have to keep books on credits like this indefinitely. PAC Att. cc: Tom Clark, City Engr. Perry A~Cessna Direeto~of utilities NOTE: ADMINISTRATIVE H. Consider Request of chamber of commerce RE: updating city Maps We have re-typed the Chamber's letter inasmuch as the light green ribbon would not reproduce on our Xerox machine. November 19, 1976 Mr. Frank Kohl, city Manager city of Boynton Beach 120 N. E. 2nd Avenue Boynton Beach, Florida 33435 Dear Mr. Kohl: ~e have received the requested information from Dolph Map Co., Inc., regarding the cost of updating our City maps. As we have only 3,500 remaining, it is time to reorder. We recom- mend ordering 15,000 at .17¢ each - total $2,550. The last order was paid in September 1975 and received in December 1975. In the past the Chamber has been billed, paid the bill and been reimbursed by the City. By this method, the Chember pays sales tax. Would you have.any objections to our having the bill sent directly to city Hall with delivery to and dis- tribution by the Chamber - thereby avoiding the sales tax or would you prefer we continue the payment procedure of previous Please let me know at your earliest convenience so that we may proceed with the ordering and updating of our city map. Sincerely, GRE~TER BO_V~ON BEACH CHAMBER OF COMM~ERCE (signed) Anne Anne Tindel!, Executive Manager