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Minutes 10-05-76M!NUT~ OF ~EEGUL~ CIE~f COUNCIL ~TiNG OF THE CiTY OF BOY!~TON B.~AC~, FLORIDA, ~LD IN CiTY ~LL, T~YESDAY, OCTOBER 5, ~976 i~gESENT Joe DeLong; M~yor Joseph F. Zack, Vice Mayor Edward F. Harmening, Councilman Emily M. Jackson, Councilwoman Norman F. Strnad, Councilman Fra~ Kohl, City M~nager Tereesa Pamoett, City Clerk Robert B. Reed, City Attorney M~yor DeLong welcomed everyone and called the meeting to order at 7:30 P. M. He requeste~ everyone to arise at the sound of the gavel for the invocation given by Rev. Cyril Collison, Pastor, Boynton Baptist Temple, and to kindly remain stand~ug for the Pledge of Allegiance to the Flag led by Councilwom~u Emily M. Jackson. Announcements Mejor DeLong read the attached announcement from Allan Clark, Bicentennial Chairmaia of Palm Beach County, announcing the Heritage Musical Festival sponsored by the Palm Beach County Bicenternaial Committee will be held Friday, Saturday and Sun- day~ October 8th, 9th, and ~Oth at the West Palm ~ach~= Audi- torium. Mayor DeLong announced that City Hall would be closed on Mon- day, October 11th in observance.of Columbus Day. ~'~yor DeLong read a proclamation oroclaiming the week of Oct- ober l~th thru ]Sth as Chamber of-Commerce Week. Mayor DeLong requested anyone in the audience wishing to speak on any item on the agenda to kindly stem forwe~d and give their name to the City Clerk, !'~s. ~dgett, and advise her what item and when that is the item of business, they will be called upon to address the Council. M~UTES Regular City Council Meeting~- Septe.mber 21~ 1976 M~yor DeLong ~- - ca~±eG upon each Council member for omissions, corrections or additions and tn~y all responded by passing. Mayor DeLong then referred to Page 22, last paragraph, where ~@. Kohl. .referred to the special contingency fomd and how it was geVtlng close to Cnr_s~mas, etc. He requested that after "contingency fund" the following addition be inserted: "of ~9,000 and an a~amtmona! $3~000 from the Chamber of Commerce budgeted in the Department of Comn~unity Promotion Accounts.,~ He added that he b~m~eved this insertion was necessary in these ~ ~nutes because the City Council m~. take action with du _ o ble aoproval. MINU-~S - REGULAR CITY COU~CiL MEETING BOYNTON B~AC~I, FLOR/DA OC_OB~R 5 , 1976 M~. Hs~me_~lng moved the aaou~!on of the Manures of the Regu- lar City Council Meeting of-September 21, 1976, as corrected. Ms. Back seconded the motion, No discussion. Motion carried 5,0. S~ecial City Counci~ Meeting ~ September 30. ~976 Mayor DeLong called upon each Coumcii member for omissions, corrections or additions and they all responded by passing. ~Lmyor DeLong referred to Page 3, second ~agraph down in center, ~ud advised that ~'dedicated'~ should be changed to "educated,. Mss. Jackson moved to adopt the Minutes of the Special City Council Meeting of September 30, ~976, as corrected. Back seconded the motion. No ~' - ~lsousslon. Motion cat. leG 5-0. PUBLIC AUDIENCE Mayor DeLong requested anyone wishing to address the Council to please step footboard ~ad state their name, address, and nature of their business. Ms. Harold Werger stated his name a~ud his address as 719 N. W. 7th Court. He read a petition stating objection to the validation of the proposed $865,000 revenue and improve- ment bonds to be issued pursuant to Resolution 76-D for the purpose of enlarging the police station, acquiring additional ground by the boat ramp and a mausoleum on the grounds that the expenditure is not warranted as three' members of the City Council do not represent a majority of the taxpayers. They request these be submitted to the registered voters on the December ballo~. He advised that approximately ~ names were on the petition representing all sections of the City and all condominiums or approximately 12% of the voters. He added that all the petitions were not in yet. The people feel the expenditure of $865,000, which amounts b~ 1½ n~l!ion dollars with interest, should be voted on by all the people and not just by the City Council. ~s. Jackson referred to these signatures not being certi- fied, but many coming in, s~~d agreed the people should have the opport~inity to vote on these ite~z. She moved to place these t~ee items on the ballot for December 7: second story addition to police station, Acquisition of Goldberg property contiguous to the boat ramp ~ud the mausoleum. Further, the City Attorney shall be instructed to pre,are the necessary documents to set this .in motion and also tb~repare the papers o cancel the b~V~d~ - is SeeM in. ~one by the Council, but added that nothing illegal being since it is such a large project and of 10/~/76 so many signatures have been turned in, a referendum see~ advisable. ~c~or DeLong suggested hearing from the other people in the audience on this subject. -2- MI~JT~.~S - REGUi~R CiT~- COUNC_LT t'~ETiNG BOYNTON BEACH, FLORIDA OCTOBER 5, t976 IvY. R. B. Vastine stated his name and his address as 132 Leisureville Blvd. He stated ~hao he ~as happy ~o h?ar this presented. He is not going to question the valmdity of this petition. He knows three specific instances where this petition was passed a_nd was not exolained to the people and was signed on the basis of taxes being increased. There are two sides to this story. With reference to the oollce station, he wonders how many people who signed the p~tition ha~-e been in the police station to see the conditions. When the original station was finished, 32 personnel were using the building and now there are 90. The conditions are unbe- lievable when shifts change. He then read the heading and Paragraphs D and E on ~age 3 of Resolution 71-BB passed when the original police station was built. He questions what is going on. The present plans are exactly the same as this. The information about costing one ~illion dollars to the taxpayers is erroneous. There is an argument about lowering taxes, but that is debaBable. The second thing is that they are either going to stand still or move forwm~d. He referred to the condominiums, shopping centers, schools, etc. being developed. The Police Department was built for two stories " ~ for · , an~ the fountain_on is two stories. If this is pos~pone~, they can imagine what it is going to cost in the future. M~. Vastine then referred to the mausoleum. There is the need ~ad space is becoming short. Property to the west of the City would be very costly. He urges the citizens to take steos and express theLr opinions. He wonders how marj people s~g~i~ng the pelition actually looked at the plans ~ ~ the mausoleum. They signed a petition not knowing %he facts. ~. Vastine then referred to the l~ud adjacent to the boat ramp and advised that if this was not purchased now, some other builder would make a pile of money. There is no place on the Intracoastal in Boynton Beach where people can go for picnics and to launch boats. These three items are u~gent. It seems to him that they should back the City COuncil major- ity. M~. Vastine then referred to a newsoaDer article stating that confusion shrouds the Boynton Beach~r~ferendum bid. He then told about hearing ~s. Jackson on Station WFcAO claiming sup- port to defeat this and asking people to contact her to cir- culate the petition. It is absolutely legal to validate these bonds and move in this direction and he urges the Council to go with this. Mayor DeLeng replied that he was also amazed about this. He told about the administration being responsible for a multitude of improvements since he came abos~d and mentioned ma~j. Everybody went along with all these accomplishments. -3- OCTOBER 5, 1976 He referred to when Mms. Jackson was Mayor in 1973 and she and her husband prevailed upon him to startfa move to acquire the land by the boat ramp. Several months ago, ~, Harmeni~ made a motion and ~. Strnad seconded it togget the wheels in motion to -'~ acqu~ this land. AlsO, ~s. Jackson suggested getting the l~ud on the south side, but he pointed out that there were businesses and residences located on it and felt it would have been very costly and recommended that it be ac- quired in stage~. He exolained how the land in question was very desirable and val~ua$1e property. The mausoleum and boat launching ramp will be a source of revenue for the City. ~M-s. Jackson reolied that she thought he had missed the ooint of the whole th~ng. She did not say she was against thi~, but feels the p~ple should choose. Mayor DeLong replied tn~ only recen~±y she wanted the people to have this. Jackson continued that in February or ~rch, she referred to mixing oranges mud apoles and felt they should take one tn_rig at a time. They put two things in and wound up with three. Every time these came up, they were at special meetings in the afternoons. She does not think the people ~aEe oeen correctly informed. Mayor DeLong referred to the s~e source of revenue being Used and being done in the same manner per the ~97~ esolu~mon oassed to build the pol_ce station. Jackson replied that-it was done in that way since the old pOlice station was condemned, Mms. Evelyn Ostrow stated her name smd her address as 1313 S. W. 2~st Street. She ques2ioned why ~. Vastineathought he was the only one interested in Boynton Beach. She re- Ier~ee to being harassed by him. Mayor DeLong recuested that s~e stick to the issues. ~s. Ostrow ~ ' - - con~_nued with advising that sn~ circulated a petition and the people e~e interested. She resents the reference to how these peti- tions were circulated. Also, there is no need to w ._ave 90 policement in the police station as tn~y s~ould be out on the street. Mayor DeLong replied ~ ~ ~h~.t she went to Boca Ravon and tried to collect inforn~tion abo~t him which was not fav~Orab~e ~ and ~cS. Ostrow replied that she had never been in Boca Raton investigating s~ffone. There was further discussion about vh=s incident personality conflmct. ~. ~ike ~gnon stated his name and his address as ~400 N. E. 1st Lane. He advised that the oetition circulated in Village Royale on the Green was circulated on the basis that there Was going to be a tax increase. When the truth was fOund out~ the petitions were withdrawn. He then told about it being ~ ~ ~ c_rcu_a~ee, on the same basis at the Democrat Club. It is true the .... i~evm~_ons were being ' cmrcu_azem on the ~ s~ ~es increasing. Oa~_~ of MINUTES RmGU~ CI~V COD!~'CIL ~ETING BOYNTON BEACH, FLORIDA OCTObeR 5, t976 ~s. Jaclmson moved to place on the December 7~o~.-~o~ ' the following three items: Second story addition to the police station. Acquisition of Goldberg property adjacent to the boat ramp. Mausoleum. Also, the City Attorney shall be instructed to prepare the necessary papers and take steps necessary to cancel the validation procsdures scheduled. ~. Harmening seconded the motion. Under discussion, ~layor DeLong referred to Mrs. Jackson being in contact with Mrs. Winchester last evening and~asked if they had time to place these on the ballot and ~s. Jackson replied that she did not ask about this~ but they do have the time as it is almost two months away. She added that they were elected as representatives of the people and do have certain powers~ but do need the guidance of the people. She thinks they should t~ma their wishes into con- sideration. She has not said she wants a~ of these things to do down, but is saying the people should vote on them. Mayor DeLong suggested looking at the record and stated that he has been accused of putting propositions be£mre the people. One proposition was to ~e a uniform election day in Palm ~each County as recommended by the Supervisor of Elections, Mrs. ~inchester, and adopted by the County Leag~.e of Municl- polities supported by ~s. Jackson. The second proposition was the elimination of the primary elections ~qd a c~didate made a strong bid for that last year in ~a o~successful elec- tion. ~ was taking into consideration the will of the people. AnOther proposition was based on an appeal fro~ the Civil Service Board to make appointments with continuity. The Chamber of Commerce and all the members of the City Council ware in favor of an auditorium. All of these things must he taken into consideration. With regards to r~uing for individual mayor, it was a concern of the people. They d~ised the means to put these on the ballot for the people to make a determination. These requests were made. He thinks this Council is acting in the best interest of public welfare. The book does not s~v they must have a referendum on this particular issue. There are certain things where a degree of flexibility is given and this is one. ~@. Strnad referred to M~s. Jackson stating now that she is not against the Police Department, but at numerous meetings, she has said she is opposed. ~hat is going on? M~s. Jackson repl~e~ that she was asking to have this put to referendum. ~ey ha~not had enough input. ~,~. Strnad questioned her s~ying she was not opposed to it and M~s. Jack, on replied that this should go to referendum for a vote of the people. -5- ~.l-~T,~ P~EGUL~_R CITY CO~qfCIL ~TI~G BOYY~TON BEACH, FLORIDA OCTOBER 5, 7976 M~. Zack stated that he went through the police station on two occasions and they definitely heed room. As far as the pe~k, he believes in park~ and they need them. This is the only area adjacent to the intracoastal. There is also no question about the mausoleum. He will not change his vote tonight. ~Ms. Padgett then ~ ~ ~ook a roll call vote on the motion as follows: Councilman Harmening - Aye C0uncilwomanJackson - Aye Co~mucilman Strnad - No, Vice Mayor Zack - NO Mayor DeLon~ - No Motion defeated 3-2. inasmuch as this is not going to affect the tax- p~yers' re_xes. Mayor DeLong then requested a motion to receive the petitions and instruct t_.eW City Clerk to place on ~le.~ ~. Zack so moved, seconded by M~. =~- ' ~ · ~~menlno. No discussion. ~s. _acgett took a roll call vote as follows: Councilman Harmening - Aye Cotmci!womeaa Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye ~yor DeLong - Aye Motion carried 5-0. ~s. Jackson ~ ~ rexerzed to having a Public Hearin~ seheduled for 8:00 P. M. and moved to suspend with the regular order Of business. M~. Harmen~n~ seconded the motion, wa+~ carried 5-0. - --o .... ~on PUBLIC i~MING - 8 P. M. Proposed Ordinance: Amending Section 6(D)(1) of Appendix Zoning Regulations: of Said City to Add a New Subparagraph (w) Allowing as aPer-~'~mtv=d'= Use in the C-4 General Commercial District the Fasrmca~_on aha Assembly of Custom ~ · ~ab~e~s and Furnmture Mm. Reed read r _ ~ p~o~osem Ordinance No. 76-50 by caption only. I~yor DeLong asked if anyone in the audience wished to soeak mn favor of this o~dmnance and received no response. He then asked if anyone wished to speak in op~osmt~o~ ' ' ~ ~ud received no response. -6- MINUTES - PEGUL&R CI?Z ~OU?~I~ [~TING BOYit_'ON BEACH, FLORIDA OCTOBER 5, 1976 M~. Zack moved to adopt proposed Ordinance No. 76-50, seconded by Mm. Strnad. No mm~cussmon. ~s. ?adgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - ~-e Mayor DeLong - Aye Motion carried 5-0. · ~w M~s Ja~~~son moved to revert back business ~ud continue with Bids. motion. Motion ~ ' car_mea 5-0. BIDS to the regulem order of M~. Zack seconded the One (1) 8~: Reel Type Mower for Municipal Cemetery ~. Kohl advised that bids on the above were opened on Tues- day, September 28, t976~ at 3:00 P. M. in the Office of the ~rchasing Agent, ~. William H. Sullivan. The Tabulation Committee recommends acceptance of the low bid from Lawn- mower Hospital of Boynton Beach intthe s~ount of $2,378.00. The Tabulation Sheet smd Affidavit signed by Mr. Clarence J. S~va, G~mer of Lawnmower Hosoital, are on file. He has checked all other requirements amd everything is in order. The above purchase was anoroved by the Cemetery Board at their Regular Meeting of-~ugust 25, 1976, and funds are available in the Cemetery Fund Account No. 050-830.00. He concurs with the recommendations of the Tabulation Committee. Mr. Harmening moved to acceot the recommendation of the C_ty ~nager mud Tabulation Com=~ttee mad award ~ ~n~ low bid to Lawnmower Hospital of Boynton Beach in vhe amo~mt of $2~378 for one 8? Reel Type Mower for the Municipal Cemetery. M~s. Jackson seconded the motion. No discussion. Motion carried 5-0. ~GAL Ordinances~.- 2nd Readin__g~ - ~s. btic Hearing Prooosed Ordinance- No. 76-39 - Re: Am~nmmng Section 6 (C) (~) (k) of Appendix A to ~s~a~lmsh Building & Site Regulations A~pli- cable to Multi-family Residential Dwellings Located in t~e C-3 CommunitY ~Comme~rcia! Di~trict __ ~. Reed read proposed Ordinance No. 76-39 by capvion only. Mayor DeLong as~ea _~ anyone present wished to spe~2~ in fs~or of this ordin~mce and received no response. He then asked if anyone -oresent wishe~ to ~ · ' ~ ~ _ s~ea~.~ mn opposition and r~c~._ved no l¢'es~onse, .... ~ CiT!f MiBUJTES - H~GUL~2. CO~CIL ~TtNG BOTNTOI~i BEACH, FLORIDA OCTOBER 5~ t'976 M~. Zack moved the adoption of proposed Ordinance No. 76-39, s~conded by~.~ Strnad. No discussion. M~s. ?adgett ~oo~ a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Co~cil~n Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordinance~o.W 76-40 - Re: Amending Section i0(A~(3) of Appendix A to Mo~mfy the F~o~z~ S~a~ut~ Chapter ~rsu~at to ~hich the Board o Am~ustment Shall. O~erate ...... Reed read pro~oosed O~ dm~~ance No. 76-40 by caption only. .~yo. DeLon~ asked if ~yone present wished to ~ ~ in ~- of this ordin~:ce and received no ~espo~.se.~ ~ He then asked if a~yo~e present wished to speak in opposition and received no ~espo~se. ~s. u=c~son moved the aaopt_on of 0r~mnance No. 76-40, seconded by ~. Strnad. No discussion. M~s. Padgett took a Doll call vote as fpllows: Councilman Harmening - Aye Councilwoman Jackson - ~G~e Councilman Strnad - Aye Vice M~$-or Zack - ~ye Mayor DeLong - Aye · ~O~lOB carried_ p- . ~oposed Ordinance No. 76-41 - Re: Repealing Sections 6(A)(5), 6(B)(5), 6(C)(5), 6(D)(5) and a Portion of 8(A)(3) of Appendix A~ Zoning Regulations mnt_v=~d '~rotective Buffers~ Reed r~o~,_d proposed Ordinance No. 76-4~ by caption only. Mayor DeLong asked if anyone present wished to speak in favor of this ordinance and received no response. He then asked if anyone present wished to speak in opposition ~8 this ordinance and received no response. ~ Harmening moved b ~ · · t_e aaootmon of Ordinance~o ~ . 76-4~ on ~lna_ reading~ seconde~ by M~s, Jackson. No ams- cussion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye V2se Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. -8- MIh~'~S - REGUL~R CITY COUNCIL ~ETiNG BOYNTON BEACH, FLORIDA OCTOBER 5, 1976 Proposed Ordinance No. 76-42 - Re: Amending Sections 2-21, 2-22 and 2-26 of Article III of C.hapter 2 Regarding the Appointment, Qualifications, Compensation, Temporary Absence ox Disab~lity~. Powers & Duties of the City Mmnage~ Mr. Reed read proposed Ordinance No. 76-42 by caption only. Mayor DeLong asked if anyone present wished to speak in favor of this ordinance and received no response. He then asked if aDJone present wished to speak in opposition and received no response. ~. Zack moved the adoption of proposed Ordinmnce No. 76-42, seconded b~ M~. Strnad. Under discussion, Mrs. Jack~on stated she felt there should be two prohibitions. The City ~nager should not take orders having to do with policy or snending money from any Council ' ~ memoe_ except at Council ~ ~ mee~mnos and he should not poll the members except at Council meeti~s. Mayor-DeLong replied that he tnough~ this was known mud ex- plained. M~. Kohl added that he had stopped pollfuug the Co~cil. Mayor DeLong added that it was a direct Violation of the Sunshine Law. ~s. Jact~on asked about tax monies and Mayor DeLong replied that he was not supposed t~ ts/~e any or- ders. The only action the City ~.nager takes is upon instruc- tions of the City Comncil. 'If a City CounCil member weaats to seek any ~n~ fo~matmon' from ~y department head, they m~y do that, but they cannot~=nstruct them. Mr. Zack ada~m~' that he thought Ordinance No. 76-43 explained this all well. Mrs. Padgett then took a roll ca~l vote as follows: Councilme~ Harmening - Aye Co~acilwomauJaCk~on _ Aye Councilman Strnad - Aye Vice M~yor Zack - ~ye Major DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 76-43- Re: Amen~no' ~' ~ Section 49 Pro- viding General Provisions Regarding the Administration of the City,s Departments~ Offices and A~encies Mr. Reed read ~oposedo~ Ordinance No. 76-43 by ~'-~ cap~_~ on only. Mayor DeLo~g as_~.~d _,f ar~yone present wished to speai~ in favor of this ordinance and received no response. He then asked if anyone wished to sneak in opposition totthis ordinance and re- ceived no response] Mm. Zack moved the adoption of oroDosed Ordinance No. 76-43, seconded by ~- ~ - ~r. Strnad. Under discussion, Mm. Harmenimg stated that he has been opposed to this ordinance for a long -9- MI~YJTES - REGULAP, CITY CO~CIL MEETTNG OCTOBER 5, 1976 BO~VNTON BEACH, FLORIDA time. He thinks it should be read in its entirety so the public can see what kind of garbage they are tryin_g to incor- p ~ .ora,e in the City's code. In effect, it gives the City Manager more authority than he believes it should ~ -- nave. ~e then read Section C and referred to how itccould possibly be used by certain members of the Council and certai_u City M~na- gers. He thinks it ~,~ ~ - ~=ll work ~ottne altimate derogation of relationshios. He th~rn~ anybody voting for this now will be sorry in the future. He doubts the legality of the whole thing, M~. Zack stated he thought the pr%-mary purpose of this ordinmuce smd especially Section C is referring to some Cotuucil members being guilty of talking to department heads and giving instructions s~ad bypassing the City Mansger. The City M~nager must run this City and must have authority. This gives him power. M~yor DeLong adm~m that the City ~nager is the administrator. Insofar e~ ~ega_mty~ he be- lieves ever~yone was supplied withaa l~gal opinion and the City ~torney has stated that this is legal. Mrs. Jackson advised that when this ordinance came up for first reading, she called practically every City and asked - t~ey had a similar ordinance. She then read a oaragraph from one sent from West Palm Beach. She also told-about her conversation with one City Manager. She believes this ordi- nance can be made simpler and feels this should be re-written. Mayor DeLong replme~ that they wanted the City Manager form of government. If they are goir~ to have an administrator, they must delegate t__e power he needs to administrate. ~s. Jackson then read the ordinance from West Palm Beach a~ud Mayor DeLong replied that this is what they were trying to do. ~Ms. Jack~on pointed out that it was much simpler language. M~ or DeLong stated it was zo~_owmng in the sa~e ~ ' ~ m~Ctlon. As x8~ as the Chair is~concerned, he is very well satisfied with the legal opinions rendered by the City Attorney. He is not going to challenge the wording or phraseology of any ordinance. They discussed further several actions taken e~ad who was re- sponsible. armen~ng stated that he had hear~ this mn~erpret~d several times as ~ m~anl.~g that no member of the Council can even talk to anyone intthe City. if anyone thinks he is going to vote to make a memoir of the Council a second class citizen, they are wDmng. The City Manager has all the mower from previous ordins~_ces. M~or DeLong replied that no$ody ~as making a second class citizen out of arQ~one. The City Manager,s duties are a~m~nms~r~ve. They took an oath of office to abide by the City Chs~ter. The ordinance is very cle~. The ~i · ~zvy Co~ucit. ~ ~- po~-czes 8¢e set uo by the are being restricted from inte~ferring with ~. H~rmenzng replied that he was not being restricted. ~I~VJTES - REGULAR CI~£ CO~7~CIL MEETING BOYh~ON BEACH, FLORIDA OCT0~R 5, 1976 M_~s. Padgett then took a roll call vote ontthe motion as follows: Chuncilman Harman-lng - No Councilwoman Jackson - No Councilman Strnad - Aye Vice M~yor Zack - Aye M~yor DeLong - Aye Motion carried 3-2. Proposed Ord_nance No. 76-44 - Re: Amendir~g Section 22-2 of Chapter 22 Constituting a Portion of the Municipal Plumbing Code relating to Materials to be Used in Connection with Underground ~ater Supply Systems, Wa~er Service ~_~es and Lawn Sprinkler Systems - Mr. Reed read proposed Ordinance No. 76-44 by caption only. M~or DeLong asked if ~nyone present wished to speak in favor of this ordinance and received no resoonse, ge then asked if anyone wished to spee~k in opposition ~nd received no response. M~. Zack moved the adoption of proposed Ordinance No. 76-44, seconded by P~. Harmen~ng. No d~scmssmon. M~s. Padgett took a roll call vo~e as follows: Councilman Harmenir~ - ~e Councilwoman Jackson - Aye ~dunc~an Strnad - Aye Vice Mayor Zack - ~ye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 76-45 - Re: Amending Sec. 2~-86 and Sec. 2t-92 of Chapter 21 to Clarify the Investment Powers and Au~ho~mtmes of the Boards of Trustees of the Municinal Police Officers~ Retmrem~nt Trust Fund and the Municipal Firemem,s Pension Trust Fund ~ Reed read ~ ~ 6-ho by · p~oposem Ordinance No. 7 ~ caption only. M~or DeLong asked__~ anyone in the auamence~' w~snem~ ~ ~ to speak in favor of this ordinance and received no response, ge then asked ~ ~myon~ ~ ~= wished to speak in opposition toughest+ ~ ordinance and received no response. Mr. ~ ~ ed ~ac~ mov the adoption of proposed Ordln~ce No. 76-45, seconded by M~s. Jackson. Under discussion, F~. Harmening referred to this ordinance on first ~'~ re~m_~g when he said it kind of scared him as they are opening doers to rather un- limited wasting or ailo.~ing' ~ the deterioration of pension ~'~.~JTES - REGUim~j~ CITY COD~'CIL~T~N~'~ ~ ~ BOYNTO~f ~ ~ o~ACH, FLORIDA OCTOB~ 5, ~ 976 funds according to poor advice from consulting or fiscal sgents for their own orivate gain or a multitude of possi- ble uses. With the l~titude grsmted, the pension f~md could take a beating, ~.yor DeLong replied that he thought there was a laxity previously and this was tightening it up. ~,~. Reed ad~ed that the ordinance brings the investment policies into the realm of being legal and proper under the State Statute. It complies with the Director of Fire and Police Pension Funds requirements, He referred to their previous discussions and a letter on file. Mayor DeLong added that he thought they were more or less brought to task because they were investing too much of the f~3mds in common stocks. M~. Reed agreed this was basically where the problem steam, ed. He explained how the State interpretted corporate bonds and stocks as one category ~aad they were exceeding the limits of investments per the previous ordinance. T~his ordinance brings the investment policy into the proper limits. M_~. Harmening stated this was misinforming. They have an ordinance on the books much more s~r=ct ~ than this. The reason the State got involved was because the Pension Bo~d' ~'- was in ¥moxa.~mon of City ordinances. They called their at- tention to violating their own ordinance. In effect, they are loosening uo the previously established ordinance. Mayor DeLong d~' -~ ~ .=sag~,~e~. ~. Harmening suggested asking the City Attorney. ~, Reed ~ ~' ~ ~ c=a~med tna~ the investment policy followed by the Pension Boards was in violation of the pre- viously existing ordinance which this will suoersede. This ordinance does make the _nVes~ment~ ' guidelines-and star~dards more liberalized_ mud flexible and brings the prac~_ce' ~ tcllowed~ Within ~,_e legal limits. Mayor DeLong clarified t~a~~ ~ this gave the proper lege~ procedure to follow and ~&~..Reed re- plied that the investment practice which has been followed is no~ clarified by this ordinance. Mayor DeLong stated that he ~mderstood they were amending the local ordinsmce. M~.. Harmening asked if his previous sum~_tion was correct mn oe~.~ral and ~-~. Reed replied that ar~one reading the existing a~udpproposed ord~umace could not answer yes or no whether it was str_~c~er. The categories are not the same in the ordinances. - Mm. Strnad requested that the qu. esvmon' ' be cam±ed.~ ~ ~ud ~*Srs'. Padgett took a roll call vote as follows: Councilman Harmening - No Couaacilwoman Jackson - No Comucilman Strnad - Aye Vice Mayor Zack - Aye Mayor :DeLong - Aye Motion carried 3-2. -12- Mi~JTES - REGULA~ CiTY COU~iC~L ~ ~ETING BO~TON B~A~H, FLORIDA ~CTOB..~R 5, 1976 ~.~s. Jackson stated she would like to ask the people in the auaie~~ce after having listened to the seven ordinances read by preamble if they could have spoken about them, Ms~yor DeLong repliedtthat they could not even have understood them if read in their env_rety. The ord~_nances ~e available in City Hall prior to any meeting if the people are interested. Mmny people have come to read the ordinemces. By law, they are privileged to read by caption or in entirety. With this amount, they would be here for tnre~ d~vs. M~, Reed added that~ to his knowledge ordina~uces on second reading have only been read by caption only in the past. He would be happy to read~ any ordinance in its entirety, under first or second reading. Mayor DeLong referred to this being harassment and the q esvmon had been out to a vote and a policy adopted to read by caption only. -They are trying to get away from majority rule. ~s. Jackson replied she~ould bring this up later under IX Administrative A. .?~dinances_- !st Readin~ ~. Reed ~d if mt was the pleasure of the Co~cil to ~ead tne~e by caption or in entirety? ~rs. Jackson moved to read these ordinances in their entirety, seconded by ~'~Lr. Harmening. No discussion. M~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Co~uuci!woman Jackson - Aye Councilman Strnad ~ No Vice ~or Zack - No Mayor DeLong - No Motion defeated 3-2. Proposed Ord~u~uce No. 76-49 - Re: ~dds a New Section to Our Code Prohibiting Hitchhiking ....... W~h~n the C~ty M~. Reed read proposed - ~ro~nance No. 76-49 by caption only. ~'~. Harmening moved the adoption of proposed Ordinance No. 76-49 on first reading, seconded by ?~. Zack. Under discus- sion, ~,&~. Harmening referred to the Police Department having more work to do and ~'~yor DeLong replied that it was progress. ~. Strnad added that it was a State Law and M~. ~ · - ~ar~nlng replied ~ha~ ~t was optional. ~s. Padgett then took a roll call vote on the motion as ~o~o~s~ Councilman Hem~mening _ Aye Councilwoman Jackson - Aye Council~n Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. -13- MINUTES- R-EGUI~/~ CITY COU~CIL ~,~,~_~=~ ~=~"~=~ B0¥NTON BEACH, FLORIDA OCTOBER 5, 1976 Proposed Ordinance No. 76-50 - Re: Zoning Regulations to Add a New Sub-paragraph Allowing Permitted Use in the C-4 General .~mmercialDistr~.¢t for. Custom Cabin~s.~u~ Furniture ~. Reed referred to this already being voted on and approved in the ~blic Hearir~ and then read proposed 0rd~uance No. 76-50 by caption only. ~. Zack moved the ~' ~ ~mop~_on of proposed Ordin~ace No.' 76-50, seconded by ~s. Jackson No d~scuss~on. M~s. Padgett took ~ roll call'vote as follows: Councilman Harmening - Aye Councilwoman Jackson - ~ye Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong -Aye Motion carried 5-0. Proposed Ordinance No. 76-51 - Re: Repeals Sewer Deposit and ~i~ects Refund of Deposit Monies on Hemd M~ro Reed read proposed Oramn~ce No. 76-51 by caption only. M~s. Jackson moved the adoption of Ord~umace No. 76-51 on first ~ ~- ream_rig, seconded by M~. Zack. No discussion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Councilman Strnad - Aye Vice Mayor Zack Aye Mayor DeLong - Aye Motion carried 5-0. ~eso!utions Mm. Reed asked if it was the pleasure of Council to read these resolutions by caption or in their entirety: ?h~. Strnad moved to read by caption only, seconded by ~. Zack. No discussion. Motion carried 3-2, with ~rs. Jackson and ~. Harmening voting against. -.Uroposed Resolution 76-ZZ - Re: A~thorizing Execution of Agreement to Participate in Cooperative Dispatch Center ( abled ,, M-~. Reed advised that he and the City Manager request that this resolution re~in on the table. He told about attempt- ing to contact the City Attorneys of two other cities involved and apparently nothing affirmative has happened in regards to adopting the agreement. M~. Kohl added that they have a new agreement, but it has been under discussion. -~4Z ~iI~UTES - ~GUk~R Ct_q~~ CO~CIL ~-~ET!NG BOY~0N B~CH, FLORIDA OCTOBER 5, 1976 Proposed Resolution ?6-EEE - Re: Request to the Florida ~biic Service Commission Opposing Florida Power & Light Rate increase ~h~. Reed read Resolution 76-EEE by caption only. ~. Strnad moved the adoption of Resolution 76-EEE, seconded by Mms. Jackson No discussion. ~ · ~s. Padgett took a roll call vote as follows: - Motion Cotunoilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - ~'e Mayor DeLong .~-e c~ried 3-0. Prooosed Reso~uvmon 76-FFF - Re: Vacation & Abandonment of a Utility Easement Between Lot 6, Block 3 and Lot 1, Block 6 - Robert Addition A. Consider Acceptance of Easement Grsmt in Lieu of Abandoned Easement ~. Reed stated that with respect to prcposed Resolution 76-FFF and be~or~ reading~ he would ~'~ - ±m~e the members of ~ne Council to make one change. He referred to the caption, second wh~re it refers to "~ '~ stricken s~d ~ u~l~y easement,, and requested that it be replaced with "road right-of-w~,~. This same change would be effective on the second lm~e of ~ne first P~agraph and ~ the ~' ~-- ~zr~ line of Section I He then read Resolution 76-FFF by ca~tion only. ~ack~on moved the adootion of Resolution 76-FFF, seconded by ~. Zack No discussmon. M~s. Paaoe~ took a ro~t calm vote as follows: Councilman Harmening - Aye Comucilwoman Jackson - Aye Councilman Strnad - Aye Vice ~yor Zack - Aye M~myor DeLong - Motion ca_~ed 5-0. ]~. Reed ~en advised that the next matter for ~ne Co~mcii,s considerat~o'n was acceo~a~ce of the ~ - ~ - ~ase ..... ~ gr~ut which follows in the agenda book. }~. Harmening moved to accept the easement gramt, seconded by M~s. Jackson, }~o discussion. M~s. Padgett took a roll call vote as follows: MINUTES - ~GULAR CITY COUNCIL I~ETING B0~NTOI~ BEACH, FLORIDA OCTOBER = 1976 Councilman Harmening - ~je Councilwoman Jack. on - _&ye Councilman Strnad - Vice Me. or Zack - Mayor DeLong - Aye Motion carried 5-0. Proposed Resolution 76-GGG - Re: Authorizes Execution of Union Agreement with Boynton Beach Professional Fire Fighters ~. Reed read Resolution 76-GGG by caption only. Mm. Zack moved the adoption of proposed Resolution 76-GGG, seconded by Mm. Harmening. Under discussion, Mr. Zack stated thav he read the agreement and thinks it is very fair to the City as well as for the fire ~ighters. M~s. Padgett then took a roll call vote on the morion as follows: Councilman Harmening - Coo~cilwoman Jackson - Aye Councilman Strnad - ~je Vice Mayor Zack - Mayor DeLong - Aye Motion carried 5-0. Prooosed Resolution 7o-~hTq Re: Authorize m ,'~ of - ~xec~Llon Joint Pro~ect Agreement for Utilit~e= Relocat~nns - Seacrest Blvd an~ So. ~5~h Avenue (Woolbri~ht Road) ~ Mm. Reed read Resolution 76-HA=H by capt~-~ only. He added that a =etter preceaem thms Resolutmon f~om ~he City Manager expl=mn~ns this project. ~T. ~ac~ move~ ~he amop~mon o~ proposed Reso±uvmon 76-HP/q, seconded by ~. w~e-~n~ w~ ~~ ~ ~ .... ~ stased ne was a lmtt!e curious about the~County ~o~nE to DOT · o~ ~h~s ~ype o~ agreement. M~. Clark ln~orme~ n~ Lhe5 it was a Federal ~greement with 804 e~d the County latched onto it. There was a similar agreement which the Council consum- mated with DOT for 804. ~s. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - ~e Cou~ncilwoman Jackson - Councitmmn Strnad - Aye Vice Mayor Zack - Aye M~yor DeLong. - ~ze Motion carried 5-0. -t6- OCTOBER 5, 1976 Other Consider Authorization to Execute 2nd Amendment to Contract of t~rchase (In~t Village P~operty) and Request of ~neir Attorney for the Proration of Real Property Taxes ?-~. Reed read his attached letter dated Se~emb~r~' ~ 27, 1976, addressed to ~. Fra~ Eob_.,~ City M~a~age~ ~. M~. Zack moved that the ~yor and City Clerk be authorized to execute the second amendment to contract of purchase for the Znlet Village Property and no taxes be involved. M~. Strnad seconded the motion. Under discu~slon, Mr. Harmenir~ stated he did not want to be involved with it in any respect. M~y~r DeLong added that it was not a~u unreasonable request. He re- ferred to ~v~ng a copy of a purchaSe of a parcel of land in April ~97~ whereby the seller of the property was granted the privilege of living on the_orooerty_ u~t~l~ ~ he died and the person is still living on t~e property. ~i~nis type of con- sideration is not uncommon insofar as concessions being granted. M~. Reed referred to the ~_ker of the' motion stat- ing no taxes to be ' ~ ~ mnvo±~ed and asked if he was rejecting the request of the seller's at~torney? ~'~. Zack reolied the2 it was rejected smd not included in his motion. ~yor DeLong clarified that the motion Will then be to authorize the Msjfor smd City Clerk to execute the seoond amendment to the contract to pu-~chase the ~nlet Village Property. M~s. Padgett then took a roll call vote as follows: Councilman Harmening - No Co~ucilwomam Jackson - No Councilman Strnad Aye Vice I~¥or ~ack Aye ~-or DeLong Aye Motion cs~ried 3-2. OLD BUS iR~SS Abandonment of a Portion of N. W. 3rd Court - Applicant: First Baptist Church (Tabled) ~. Kohl advised that the applicant requested this to remain on the table. Request of John A. Woods Car and Trailer Sales for Occupational License for Used (Tabled) Mayor DeLong requested that this particular ite~ be stricken from the Agenda since it is not zoned £or that oarticular type of operation. ~. Strnad so moved~ second~ by M~. Zack. Motion carried 5-0. MI~JTES - REGU~ CiTY COUNCIL ~ETING BOYNTON BEACH, FLORIDA OCTOBER 5, 7976 Request Report from Ad-Hoc Committee - Councilwoman Jackson ~'~s. Jackson stated that she requested this on the agenda because at the time the Committee was appointed, they were told to report to the Council. She has not received any minutes and would like to l~aow if they have had amy meet- ings. M~-or DeLong replied that this was appointed upon the request of the Boe~d of Adjustment. Since the Boe~d of Adjustment made this request, the Chair deemed it advisable to tsd<e the Chairmsm of the Board of Adjustment and make him Chairmem of the Ad-Hoc Committee in order to get the results he endeavored to obtain. He has not had any report. ~s. Jac~on asked if they had any meetings s=ud Mayor DeLong re- plied that he did not ~muow. ~. Kohl added that he believed tha~ ?~d two. Mayor DeLong requested the City Memager to contact the Chairman of the Ad-Hoc Committee and see what is what. He referred to reading the minutes of the Board of Adjustment meeting whereas the Chairman made reference to the Ad-Hoc Con~ittee and that he intended to resign. They are waiting for a resignation or some minutes. Mms. Padgett advised that I~. Hea!y had requested to speak on this subject. P~. David W. Healy stated his name and his address as 2189 S. W. Congress Blvd. He stated he was vitally concermed with this Ad-Hoc Committee because he thini~s ne is one of the chief witnesses regarding violations in the Build- ing Department. This Ad-Hoc Committee was appointed more th~u six months ago and no action has been taken. He is be- ginning to think this was probably appointed as a cover-up. The longer this goes on, it causes more delay. He is am~xious for the Ad-Hoc Committee to go into the business it is sun- posed to do. M~yor DeLong replied that ~. Kohl has been instructed vo contact the Chairman of the Ad-Hoc Committee. ~@. Hesi~remsm~ked that slx months was a long time. Mayor DeLong replied that the Chairman may be able to apprise them of something., Mm. Healy stated that they need some publicity to bring this to a head. He thi~J~s there are people here to- night who may bring it to a head. Mayor DeLong replied that he had no objections. t, ya~ B· · ~ US=NmSS Consume_ Request of S~. Andrews Conaomz.~mum Dewelopment for ,units M~. Kohl informed the Council that the Pl~aning & Zoning Board at their regular meeting of September 28, 1976, ma~ui- mously recommended approval of this request with the follow- lng stipulations: ~. That the City Council gr~t relief from a I ft. height variance for a decorative rail orovided for 'in Section 4(F)2 of the Zoning OrdinanCe. -18- ~..-,-.,.,,~,~=,,,., - REG~V~M CITY COUNCIL ~ETING BO~H~TON BEACH, FLORIDA OCTOBER 5, 1976 2. That utility easements be dedicated and recorded for all applicable utility systems presently con- structed. 3. That all T.R.B. recommendations be provided for. Mr. Strnad referred to this decorative rail being on top of the roof and not ~conformity with the zoning, but as far as he is concerned he does not thi~k there would beaany objec- tion to the I ft. variance. ~r. Strnad moved to gra~at the request of St. Andrews Condo- miniu~n Development for the 88 units w_tn~ ~ the following stip- ulations: 1. That u.~e City Council grant relief from a 1 ~t. height variance for a decorative ~ ~ ra_l prov_.ded for in Section 4(F)2 of the Zoning Ordinance. 2. That utility easements be dedicated e~.d recorded for all applicable utility systems oresently con- structed. ~ 3. That all T.R.B. recommendations be provided for. M~r. Zack seconded the motion. Under discussion, Mayor DeLong asked if this ~ ft. addition would still be lower than cer- ta~ housing units and ~.~. Howell reolied that it would be lower than the air conditioning unlt~. _W~s. Jack-son ques- tioned how ma~y acres this entailed and MC. Annunziato in- formed her ~ ~+ ~h~ this development is 28.45 e. cres for the re- mainder of the St. Andrews_ property. ~hey 'na-eaalreadyv con- structed 44 ~'" unz~s. Now they are proposing 40 ~Luits in the firs-t phase and 48 u~.its in the second phase. M~yor DeLong asked if it coincides with the original plats and M~. Annunziato reolled: yes. ~-~. Harmening stated that it seemed to him this particular body was not in a position to grant a variance. This falls within the prerogative of the Bos~d of Adjustment. He is in favor of this devetooment,_ but they should do ~hzngs' '~ ~ro- per!y. He referred to ~_,e previous a~otication from Wurth. He then asked the City Attorn~ if he felt it was proper for the City Co'~cit to do this~ The ordinance !i~its the height to 45 ft. a~ud should this body grant a ve~iance? ~. Reed referred to the ordinance and the 45 ft. height limitation having a condition that it could be waived by recom~endation by the Planning & Zoning Board edad approval of the City Council. He does not see e~ difference between this and ~. Murth's recuest. He has great concern that it may not be the legal prerogative of the Ptannf~ ..... g & Zoning Board or City Council to grout a building height vari~ace. He is concerned about this being vested to the P!e~ning Zoning Board and City Co,~uciZ. He has been attempting to research this and he~ to agree with this concern. Mayor MI~JTES - REGUL~_R CITY COL~CtL i~ETING BOY,TON B,~ACH, FLORIDA OCTOBER 5, ~976 DeLong suggested that while conducting his research to take into consideration the Building Board of Adjustment smd Appeals. Mm~. Kohl requested that the City Plaguer explain further in regards to the railing. M~. Annunziato referred to language beir~ provided in Section 4~F)2 of the Zoni~ Ordir~ace re- quiring recommendation by the Pls~uning& Zoning Board and approval by the City Council to provide for structures of this sort. This is what he was directed by. M~yor DeLong replied that he did not think a variance would be appropriate according to the permission granted. Mr. Annunziato agreed and s~gested possibly height exception ~would be more correct. M~yor DeLong asked if the members of the Council wanted to retreat on this ~ud possibly table it until obtaining em opinion from the City Attorney? ~. Zack referred to a~- proving original ~uits like this and ~,A~uunziato agrSed ~ud advised that a 16 unit building was existing with the ~ ~t. exceeding. ~s. Jack~on referred to St. Andrews not having ar~y signs saying Boynton Beach and ~yor DeLong requested that signs be put at the north smd south end of St. ~drews. Mr. Kohl referred totthe section of the ordinance again and ~. Reed replied that he has not had a chance to talk to Annunzlato about this. He is concerned about giving the Council a ruling on this and ~. Wurth,s application. He suggested possibly approving this subject to him talking to ~. Ann~uziato and rendering an opinion in cor~uection with this section. He would be happy to provide an opinion for the next meeting. Mayor DeLong clarified that the motion was to grant this ~ ft. height, but it should not be a vari- ance in accordance with the zoning regulations and this will be researched by the City Attorney. in the me~utime, they s~e given approval to ~roceed. ~. Reed agreed as long as it was understood there w~s a hold on the ~ ft. railing until an opinion is rendered whether this section is legally valid. M~. Zack referred to all the discussion and moved to table this ~mntil the City Attorney has reses~ched it. ~. Annun- ziato informed him there was a time element the people from St. Andrews were faced with. Mayor DeLong ascertained there was no second for the tabling motion. ~'~. Harmening requested the original motion be repeated and ~s. Kruseread it back. l~r. Harmening stated he was going to base his vote on the City Attorney,s opinion whether this motion as mresently phrased is proper. Mayor DeLong stated ~' ~ - ~ ~ ~na~ it must ~nclume pending a ~egal opinion from the City Attorney relative to the ~ ft. railing height or leave out t ft. ~. Strnad requested that the word varia~uce in -20- M/~NUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 5, 1976 stipulation 1 b~ changed to addition, f',~. Reed added that if the motion could be ~nrased something to the affect that the' 1 ft. height addition could be added subject to a legal opinion and Council's approval. As long as the develoeer understands this, he thinks a motion could be based'on the-basis that if the zoning +4 ~ - - sec~_o_~ ms ok~~, mt is being granted. ~s. Padgett then took a roll call vote on the motion as~ ~olzows: Councilman H~mening - ~e Councilwoman Jackson'- ~aG~e Councilman Strnad - ~ve Vice M~s$-or Zack - Aye Meyor DeLong - Aye Motion carried 5-0. ADM~I~ ~STRAT!V~ Discuss Ordinance Adoption Procedures t~. Zack asked if the procedure outlined consisted of four classifications of ordinances and ~. Reed replied .that his letter of September 27~ 1976, outlined the stande~ds to be followed in connection with the adoption of ordins~ces in an attempt to summarize the standards to be observed by the Council a~ad ~ ' ' in ~ ~' ~'~ o~her mepartments of aaop~mon various orm~~ances. He ~ud the City Clerk felt they should try to formulate some stande~ds relative to the adoption of ordinances because re- cent~y ~ne Flor!da Leglslauure reviseG the method. This letter ms for informational purposes. ~. Reed continued that in formulating these sts~dards, two ps~ticular questions came up which he believes the Couiacil m~y wish to coD~ider. The first one is in reference to pub- tishing legal ads consistently in one newspaper, the Boynton Beach News Journal. He does not have a~uything against the Boynton Beach Rews Journal~ but since it is only publishs~d wee~y, it tends to delay prompt Council action on ~ro~osed ordinances since their consideration at two successive-meet- ings is thereby prevented. He does not sej it is necessa~y to change this. In reviewir~ the ordinances and procedure to adopt ordinem_ces, they felt it would be advisable to in- dicate to Council that thellegal ads can be published in any newspaper of general circulation of the City. Also, the newspaper does not have to be pnblished in the City. ~ney m~? waltz to consider taking formal ac,mon indicating they want to publish in o~e~mticule~ newspaper. The second question in adopting this procedure under the Florida Statutes, it is unnecessary for all ordinances and resolutions to be signed by all the members of the Council. The Florida Statutes indicata they be executed by the Mayor MINU3TES REGoLY~R CZTI- COt~CIL ~ETING BOYNTON BEACH ~ FLORIDA OCTOBER p, ~976 and attested b ' ~' ~ ~mt.. all y ~he C~v~ Clerk. ?ney may continue ~' b members of the City Council, but he just ~ '= ws~d to make them aware of ~._e fact that it is not ' ~ ~e~alty necessary. ?nese two points ~ - ~hey may want to consider. M~vor DeLong referred to the newspaper advertising and stated he believed it has been an established policy to publish in the Boynton Beach News Jou~nal. He believes that is where most citizens look for notices. He does not believe the time element referred to has created any ~ndue hardship upon arc-one concerned in the past. He does not think it would be advis- able to switch from this paper as they havefound the service ~o be very acceptable and satisfactory. M~s. Jackson and ~. ~armenmng agreed. M~. Zack stated they must decide whether they wemt two successive meetings for reading of the ordinances. M~. Reed clarified that the overall question was to make a decision formally. Mayor DsLong replied that it was his per- sonal opinion ~ot to deviate from an accepted former policy. ~. Reed stated that he was as~ng for a formal decision. !~s. Jackson moved to continue placing the legal ads in the Boynton Beach News Journal, seconded by Mr. Harmeningo Under discussion~ ~@. Harmening stated it seemed to him they were sometimes stampeded or rushed into passing some ill-conceived or misleading information. He believes the more time between first ~aad second _e~dmn~ will be a be~_efmt. ~-~s. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - Aye Co~ucilwomem Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye M~yor DeLong - Aye carrle~ M_~. Reed stated that the other question they wanted some policy direction on is whether the Cou2ecil w~ats to continue with the ~ ~ ~ ~ ~n~ormat oolicy of having all ~he members sign the resolutions ~ - ~ .... ~m ordinances wnmcn e~e amop~ed or establish a policy where the cnme~ executive officer and the clerk sign these. M~s. Jack~on moved to continue to sign these by all the mem- bers of the Council. Ms$~or DeLong ascertained that the motion died for lack of a second. t~. Zack moved that the Mayor ~ud City Clerk sign all ordi- nances~ seconmed by ~. Strnad. Mayor ~eLo~ clarified that the motion was to continue ~ = ~h~ signatures of the Mayor and City Clerk appearing on all newspaper publications as far as ordinances are concerned. Y~. Reed clarified that this did not relate to ordinances only published, but to all ordinances. -22- I~TES REGULAR C~ COD~CIL }~ETING BOYNTON BLACn ~ FLORIDA OCTOBE~ 5~ 1976 He suggested also including that the Mayor sign and in his absence, the Vice M~ayor, and the City Clerk sign ~md in her absence, the Deputy City Clerk. Mayor DeLong replied that this would be included° Under discussion, M~s. Jack, on re- ferred to reading minutes and ordinances back in the t930's and how it was fortunate to know who voted on what. She d-oes not see ar~ reason for breaking tradition ~ud having the Mayor only sign the ordinances. ~. Zack reolied that he thought the ~inutes will definitely verify wh~ voted and who did not. Mayor DeLong stated that every ordinance is signed by the entire City Council. Some sign it not voting or do not approve, With nnre~ signatures, ~ is valid. ordinances are a matter of pmb_mc record. They are Thew. tal.~mng about publication now and P~. Zack and ~s. Jackson disagreed. ~. Reed c!e~ified that whether the ordinance or resolution was oub!ished or not, it will legally be valid when signed by the-Mayor or Vice Mayor and attested to by the City Clerk or Deputy City Clerk. He believes Vice Mayor Zack is indicat~g a roll call vote will be reflected mn the minutes ~ -~esp~c~mve of how ,_~e ordinance is signed. He is asking for a policy from the Co~ucil. ~Layor DeLong replied that this could be the reason why the Legislat~.e in adopting home rule soec_zmem all ordinances and resolu- tions must be by roll call. ~. Harmening added that the existing policy has been in effect in this City and he does not see any urgency or necessity for changing it. ~s. Padgett then took a roll call vote on the motion as follows: Councilman He_~mening - No Co~ucilwom~ Jackson - No Councilman Strnad - ~a~e Vice Mayor Zack - Aye Mayor DeLong - Aye Motion cs~ried 3-2. ~s. Jackson referred to,the question of just reading the preamble and )~. Reed replied that he did not we~t ar~y mo- tion on that as they have been handling ~ ~' ,h~ meeting by meet- ing, ordinance by ordinance and resolution by resolution basis. The ~a~ s~aves you can read oy caotion or in entirety. if you ~' · ~ ~ - es~abl_sh a po~_cy, you may. }~s. Jack, on stated she ~u- ~. ~mn~s the oeople in the co~_try are losing con- ~ ~ ~ .... r e~ectem officials from the Federal to local or~ne~c~ -23- MIN~JTES - REGULAR CITY C0b~CZL MEETI~YG BOYNTON BEACH, FLORIDY_ OCTOBER 5, 1 976 technical nature could be read by preamble. ~or DeLong re- plied that in the interest of saving time, she could make a motion. ~. Strnad stated if there was such an urgency to allow people to know what is going on~ why was there such haste when ~s. Jackson voted to give M~. Zill a fence? ~s. Jackson replied that this was kicking a dead horse a~ud they should leave personalities out of this. They are running a City and should get ~ -~ Go~n to business. M~. Zack made a motion seconded by ~. Strnad. vote as follows: to read all ordinances by caption only, ~k~s. Padgett then took a roll call Motion Councilman Harmening - No Councilwoman Jackson - No Councilman Strnad Aye ~ice Mayor Zack - Aye Mayor DeLong Aye carried 3~2. Discuss Improvements to Woo!bright. Road ~aud Seacrest Blvd. 3~r. Kohl read the attached latter dated September 17, ~97~, from the Board of County Commissioners. Mayor DeLong stated that it appeared to the Chair what would be appropriate and proper in this instance would be to send a copy of a resolution. This could have been handled adminl- stratively., ~ ~,~. Harmenlng replied that it seemed to h~ that tn=s letter requires more action than administrative approval. They ~'e re~uesting~ a xorma_~ ~ comment a~king this Co~cil to ,~he~ner this p!~ ~s acceptable or not ac- c ~p~able. - Mr. Harmening moved to answer this letter stating they approve of the action taken and not to send cooies of the former com- ments. ~*~s. Jackson seconded the motion. M~vor DeLong clari- fied that it had been moved and seconded t~at the City ~nage~ be instructed to ~ -- - se~_m a communication to the Board of Co~aty Commissioners acknowledging they acceot the prooosed improve- men~ as presently dzspl~ed. No discuss4on. Motion carried - Co~ider Approval of Planning & Zoning Board: Proposed Changes Eons 2. ~roposed Chsmges 3. Proposed Changes the Following Recommendations From the to the Uses Permitted in the R-3 to Section 4(B) of the Zoning Ord. to Section 4(F) of the Zoning Ord. -24- MI~J~S REGUL~ CITY COTJY[CiL [~[EET_,RG BOYNTON BEACH, FLORIDA OCTOBER 5~ t976 4. ~oposed Changes to Section 6(D)(u) of the Zoning Ord. 5- Proposed Additions to Section 11(H) of Zooi~g Ord. ~. Kohl read the above and requested the City Planner to explain to the Conncil. Mr. Annunziato informed the Council that these proposals came about at workshop meetings of the Plam_ning & Zoning Board and s~e requested zoning ordinance amendments. He would like to proceed one at a time. Mayor DeLong asked if he had discussed these with the City Attorney and ~. Annunziato replied: no. Mayor DeLong asked if the Council believed they should go over these with the City Attorney or go along with the Plan- ning & Zoning Bosm~d recommendations? ~s, Padgett advised that people had requested to speak. Msyor DeLong requested the City Planner to give e×plemations first. M~w. Annunziato referred to Section 5(G)(t) referring to per- mitted uses in the R-3 Zone and read those permitted, When this was bro~ght to his attention, he put in considerable work and reviewed the types of zoning allowing certain types of uses. The recommendation is that hotels and motels be re- moved from the R-3ZZone as there s~re an abu~udance of zones allowing motels and hotels. The idea of putting high density hotels or motels in apartment type zoning is not recommended. The Planning & Zoning Board also recommended that Items D, E, an~ F be permitted as conditional uses and he agrees. If this is to occur, a reference must be added, item G, nursing homes, is permitted in the C-1 Zone sand he believes it is properly placed in the C-1 Zone and recommends it be removed from the R-3 Zone. ~'~. Homer Ki~orell stated his name and advised t~at he re- quested to be allowed vo address the Co~ucil on this oarti- cular item if h~ felt it necessary, but he no longer ~eels it is necessary. Mr. Annunziato referred to Item 2 proposed and advised their recommendation was to replace i~ in its entiretyw~L~'~n a new section and he read the new Section 4(B) prooosed. He ex- plained how they had calculated the figo~es ~ith the help of the Building Official. ~'~. Annunziato advised that orooosed changes to Section 4(F) came about with interest on ~he-Planning & Zoning Boe~dcon- cerning ~. Wurth,s problem and CB antennaes. He then read the n~w Section 4(F) proposed. M~. Harmening referred to these being basically very good and well proposed, but he has several questions. In regs~ds to accessory buildings, he thi~s 10 ft. square is a little small. He thi~_ks 160 to 170 sq. feet would be more appropriate. They -25- M~,UJ~S - REGULAR CITY C0%~CIL M~ETING BOYNTON BEACH ~ FLORIDA OCTOBER 5, 1976 should not try to li~it peoole. Inso_ar as detached garages, this is possibly a little small. There are three and four car garages in town and if a msm has a large enough lot, he does not think he should have to go through a lot of red tape to build a three csm garage. In reference to the height limitation, he thinks this might give the City Attorney some- thing to hsmg his hat on. There is a possibility in the very near future these wind generators might become the in .h!ng, In spite of sOme peoples, reservations against them, he does not believe they should try to preclude them. The eight points -~ ~e excellent. In reference to SeCtion 3, CB amtenmas ~es~ent~al zones, he b~,s not hesa~d o~ a soul ob3ectl~~ ~o a fairly high antemma. He s ~oes know of some prohibitions in some smeas an~some of the best areas are not using cable TV. He does not tn_nk they should be overly restrictive mud $0 to 50 ft. may be o gectmonaole. -~. Zack s~gested tsdming one item at a time. ~ayo.r DeLong anno~ced at th~s time a motion w~ ~ ~e~r._~o a.P~r.ove the~recommendations of the Pl~mnin~ & r~ere~e to item t as listed ..... ~ ..... ~u~ ~e~ on the agenda. M~. Harmening moved to accept the recommendations of the City o~ ~ m~er Plannim~ & Zoning Board in their entirety. ~. Zack seconded the - mo,_on. Under discussion, M~. Reed stated he ~derstood the efiect of t.~!s vote was tentative aDD~OV~ ~n him to ~$~$ the ~ ~. ~ ~ .... ~' ......... ord_n~nce along ~ne lines of the Planning and Zoning Board reco~endations. The orocedure must be fol~oweo, to go oac~ to the Planing & Z~ning Board for pub- lic he~ing, etc. He doesn,t want anyone to think this an ordinance going to be adopted by the City Council. ~yor DeLong replied that he believed the -~ interested or concerned c~ rest ~ -~ p~op~ who combo. ~ably after this. From all indications, he believes it will go t~ough. Padgett then took a roll call vote as Councilman Harmening - Aye Comcilwo=sm JacF~on - Aye Council~n Strnad - Aye Vice Mayor Zack - ~e M~or DeLong - Aye Motion carried 5-~. ~.yor DeLong ~nno~c~d a motion was in order for Section 2. ~. Zack moved to adoot Section 2 upon the reconzmendatlon of the Pls~ming & Zoning~Board and City Pls~uner referring to proposed changes to Section 4(B) of the Zoning Ordinance. ~'~. Strnad seconded the motion. Under ~ · ~scussmon, ~. H~mening stated he would be forced to vote no to adopt the prooosed form in its entirety. M~s. Padgett then ~ ~- ~a~ - ca~ vote on the motion as See Mins. o£ 10/1~/76 -26- MI~TE~ - REGulAR CI~£ COUNCIL ~,~ETiNG BOYNTON BEACH, FLORIDA OCTOBER 5, 1976 Co~aucilman Harmening - ~,~o Councilwoman Jack, son - -~o Councilman Strnad - Aye Vice ~yor Zack - Aye Mayor DeLong - ~e Motion carried 3-2. ~v~. Zack moved to accept the recommendations of the Pl~n~ug ~ud Zoning Board and City Planner referring to furoposed changes to Section 4(F) of the Zoning Ordinance. ~. Strnad seconded the motion. No discussion. ~s. Padgett then took a roll call vote as follows on the motion: Co~ucilme~ Harmening - No Councilwom~u Jackson - Aye Co~ciiman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried ~-1. ~ Proposed Ch~uies to Section 6(D)(u) of ~_~ Zo~i~$ Ord. M~r. Annunziato informed ~ = ~h~ Council that their recommendation was to delete warehouses in the C-4 Zone. He added that the C-k Zone now exists on Ocea~u Avenue to the Intracoastal and alor~ 2nd Avenue. ~c. Zack moved to accept the recommendation of the Planning and Zoning Boar~ ~ud City Placing_er regarding the p -- , r0p0oee ch~_ge to Section 6(D)(u). M~. Strnad seconded the motion. Under discussion, ~.~. Reed clarified that the e~nendment was aimed to delete dry storage warehouses when not associated wit~~, a business ~ad ~r. Annu..zma~o~ ' ~ agreed. M~s. Padgett then took a roll call vote on t~he motion as fellows: Councilman Harmening - Aye Councilwoman Jackson - Councilman Strnad - Aye Vice ~ayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. ~roposed Additions to Section tl (H) of Zoning Ordin?uuc,; ~'~. &nnunziato advised the Council that additions were proposed for the off-street -oemCking ordinance. They re- viewed this and oresently they have no ps, king regulations at marina facilities. He then read the additions proposed. Mayor DeLong referred to the exiSti~ marinas and asked if an on the scene study ha8 been made and ~0, ~Ununziato replied -27- MIi~JTES - REGUL~ CiTY COD~CIL ~ETING B0~TON BS~C~ ~ ~ LORI~,A OCTOBER 5, 1976 that the existing uses would not be affected. M~or DeLong questioned the possibility of these existing facilities ex- pandi~ and ~. Annunziato replied that they would not be pro- hibited from expanding~ but must provide parking. Mrs. JackSon questioned parking requirements for people living on a boat and ~. Annunziato replied that it could be treated like a single family home ~ud his recommendation would be two parking spaces for each dock. Mayor DeLong stated he did not think it was possible to get two parking spaces in some of these marinas. Mr. Harmening added that he was al- ways reluctant to _m~d~e things non-conforming and referred to what happened during t~e last few months. M~yor DeLong stated again that he did not think it would be possible to have two parking spaces for each slid and ~. Annunziato replied that he we.s referring to house b~ats. He added that he had re- viewed the situation at the existing marinas. M~r. Kohl stated he would like to t~me this under advisement with the Pta~uer. Mrs. Jackson moved to table Item 5 and instruct the City Manager to get together with the City Planner. M~. Strnad seconded the motion. ~s. Padgett advised that oeople re- quested to spe~ on this item and M~. Kohl replied that he would talk to these people. Motion carried 5-0. Consider Reguest of Land UnliMited Realty ~h~. Kohl read the attached letter dated September t4~ ~976, from Land UnliSted, Realty. Mayor DeLor~ announced he believed a motion would be in order to reject the proposal received from Land Unlimited Realty. ~s. Jackson so m~ve~, seconded by ~. Hs~mening. Motion car- ried 5-0. Consider Request for Fu~ads - So. County Drug Abuse Foundation~ inc. ~. ~o~l read the ~ttac~em letter dated September 21, 1~76, · _om the South County Drug Abuse = ~ ~ ~' - ~2~. Strnad moved to get the sum of $6,000 appropriated for the City,s share to the South County Drug ~buse Foundation. Mayor DeLong ascertained that the motion died for lack of a second. He stated hs was very copious to delve into the background of this. Is this County-wide o~ what? He kuo~¥s they went along with it in the past. ~. Kohl replied that he did research it one time, but does not reme~aber if this is one he researched. M~s. Jackson referred to ~. Leon ¥~ee~es being associated with this. She then referred to the s&laries ~ud the amount for administrative service. Mayor ~eLon~ continued that he was concerned with the res~lts~ Wh~t o~oes ~ne City of Boynton Beach benefit from this? ~r. narmemmng -28- MINUTES - P~EGULAR CiTY CODICIL MEETING BOYNTON BEACH ~ FLORIDA 0C_uBER 5, 1976 stated that according to.the records, th~f get enough people from the area to prorate thecos~s.~ M~s. Jackson added that she believe~ they ~m-cluded the unincorporated area. Mrs. JacP~on moved to reject this request from the South County Drug Abuse Foundation. ~. H~mening seconded the motion. Under discussion, M~. Zack stated he realized they are hsfzing some problems in regards to management. However, when a manager takes over, he should look at the budget; They did not submit any budget and gave $3,000 from this year's budget. ~. Kohl corrected him that it was as of last year's budget, 75-76. M~. Zack continued that the Contingency Fund has been going down, particularly last week with t~uking out for insnrance. He thimks people should get their budgets lined up in good time. M~s. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - Aye Co~ueci~oman Jackson - Aye Councilman Strnad - No Vice ~or Zack - Aye M~yor DeLong - Aye Motion carried 4-I. Consider Appo~utment to Solid Waste Authority Citizen,s A4visory Committee M~. Kohl read the attached letter dated September 24, 1976, from the So±md Waste Author_ry. ~$~or DeLong referred to previous appointments receiving no consideration. He suggests stri~ug this from the agenda. Mm. Strnad so moved, seconded by Mr. Zack. Under discussion, ~. He~mening stated he thought they may be missing the boat and explained. Mms. Jackson asked if any City M~uuager had served on this Board ezad M~. Kohl replied that he did not know. ~s. Jackson suggested possibly recommending someone familiar with their solid waste. Motion carried 3-2, with ~s. Jackson s~d M~. Harmening voting against. Mayor DeLong added that the City of Boynton Beach has enough g~ound~ for !scad fill ~o_~ ~ ~ma_y ~ ~ yee~s and ~. ~Ko~'~ agreed as ±ong as ~ ms done correctly. Consider Applications for Petit to Solicit: 1. Fraternal Order of Police #49 2. National Multiple Sclerosis Soci~y - Gold Coast ,, Chapter Kohl requested approval. -29- i~i/NU~S - REGD~i~R CITY COb~'TCIL .MEETING BOYNTON B~ACH, FLORIDA OCTOBER 5, 1976 ~. Harmening moved to grant permission for permits to solicit to Fraternal Order of Police #49 and National Multiple Sclero- sis Society - Gol~ Coast Chapter as everything is in order and upon the recommendation of the City Manager. ~s. Jackson seconded the motion. Motion carried 5-0. Consider Zoning Approval for Baer & Win~ License - Miquel and Belquis Perez Latin Grocery~ 401N. W..2nd Avenue , ~. Kohl informed the Co%uucil thi~ we~ a change of location for a beer and wine package license only. The location does comply. M~r. Harmenir~ moved to gr~ut approval, seconm~o, by ~. Zack. No discussion. Motion ~arrmed 3 · Approval of Bills M~. Kohl read the following bills for =~- I. Allied Chlorine & Chemical $ Chlorine Pay from budgeted funds 030-81t.63 Penwalt Corporation Vacuum filter chemicals Pay from budgeted funds 030-822.62 Approved by City Manager Tab Products Co. Va~iable speed b~ster Pay from budgeted funds 001-890.70 Bid approved 8/~/76 ,380.00 ,287.56 2,830.00 Florida League of Cities Annual dues~ Pay from budgeted funds OO1-800.26 (~976-77 Budget) 1,82t.t7 Isiah Andrews Driver for 'Senior C=v_zens~ ' ~ Club - 2 weeks Pay from Federal Revenue Sharing Fund 020-880 Ordinance #73-t5, passed 5/15/73 90.00 ~.~_a Lewis Server for Senior Citizens Club - 2:weeks from Federal Revenue Sharing Fund 020-880 Ordinemce #73-~5, passed 5/~5/73 96.00 St. Petersburg Jr. Coile~e 400.00 Narcotics Investigation Seminar - 2 officers interv%ev~ing & Interrogation Seminar - 2 o_~fmcers Ps~y from Police Education F_und O01-507 Ordinance #74-38, Section 2 ~0, ~ (b) -30- Mi~JTES REGU~M CITY CO~TCiL M~ETiNG BOYNTON BEACH, OCTOBER 5~ t976 8. Frank S_nnots~ paul F'rere 'M~chael Baird Dale ~ nam~ck _er d~em f6~ seminars at St. Petersburg Jr. College Pay from Police Education Fund 001-507 Ordinance #74-35~ Section 2-10~ l(b) 9. George Junnier "Per diem and mileage to attend State Crime Prevention Conference Pey from Police Education Fund 001-507 Ordinance#74-35, Sec~on'~ 2-10, l(b) 10, Russell & Axon 7460-5-1 Inv. Engzneerzng services performed for the "20? Facilities Planning, Sou~h Central Regional Wastewater Trea~me_t' ~ ~ & Disposal_ Board Pay from Utility General Fu~ud Authorization dated 2/3/76 Russell & Axon 6858-4-11 Final ~ngzneering Services for p~a~s and soecs for Interim Wastewater Treatment Facilities Pay from Utility ~en~ra~ Fund A~tnorlza,_on datem 11/30/72 12. Russell. &Axon. .~ 6858-7-CP Inv. #25 New Well Fields, · ~ ' ~ · - ~oc~t~o~ ~ad Testing Pay from Atlantic Nation~ Bank 1975B Series 13. ~tercounty Construction ~s~.#1 Wo~ver Treaument Plant Expansion P~ from Atlantic Nat~ona~ Bank ~975A Ser~es Contract s · ~ ~a~ed 7/9/76 14. 100.00 t00,00 100.00 100.00 1,500.00 8,899.00 a,to9.88 3~,463.60 Hercules Tm~_k & Iron Works ~'±nal Sab~lement 'on W~ter Towers Bal~ace of Cash Bond Posted Bid approved 2/3/76 4,32~.49 The bills described have been approved ~ud verified by the department heads ~nvolved; checked ~ud approved for p~yment by the Finance Director; funds are available in their re- sprective budgets. M~. Kohl recommends payment of these bills with the exception of Hercules Tank& Iron Work~. He would like this tabled until the release of lien is found. Mr. Harmening moved to pay the bills with the exceotion of No. ~4, Hercules Tank & Iron w ~ and ~ the City Manager be -31- MIRVJTE£ - REGUL~q CiTY CO5~CIL ~ .... B~ACK, FLORIDA P~= - lNG OCTOBER 5, 1976 given authority to pay this when everything is in order. ~'~. Strnad seconded the motion. Under discussion, Mr. Zack asked if the Florida League of Cities was based on a per capita basis and M~. Kohl replied that different cities have different fees. Motion carried 5-0. ADJ 0URNP~NT ATTES}: M~s. Jackson moved to adjourn, seconded by M~P. Harmening. Motion carried 5-0 and the meeting was proDerly adjourned at ~0:50 P.M. - CITY OF BOYNTON B~RCH, FLORIDA / ' ~ - !/!ce Co~c~ Hembe~ ~ Co~6~! Member ~City Cler~ · // Recording Secretary (Foo~ Tapes) -32- ANNOUNCE~IENT THE HERITAGE MUSICAL FESTIVAL sponsored by the Palm Beach County Bi-Centennial Committee will be held Friday, Saturday and Sunday (October 8th, 9th and 10th) at the West Palm Beach Auditorium. This Festival will feature local singers, dancers, choral groups, etc. from all over the County. Friday's Event will be at 8:00 P. M. Tickets are free as long as they last, and must be picked up from Ciqy Manager Frank Kohl before Wednesday noon. Saturday's Event begins at 7:30 P. M. Adults $ 2.50 Children 1.50 (Tickets at the Auditorium door) Sunday's Event begins at 3:00 P. M. (Ail tickets available ~t the Auditorium $ 1.50) This' is a concerted effort Of all the people of the County as this Bi-Centennial Year begins to unwind and go into its final months. COME 0NE! CO~ ALL! And watch your fellow Palm Beach Countians as they help you celebrate this BiCentennial Year. 10/5/76 ALLAN CLARK BI-CENTENNIAL CHAI P~MAN PALM BEACH COUNTY LEGAL D. Other 'flY of IBOYNTON BEAC BOYNTON BEACH Frank Kohl, City Manager OFFICE OF TI-]E CITY ATTORNEY September 27. 1976 Re: $865. 000 Capital Improvement Revenue Bonds Contract to purchase Inlet Village propert~ Frank: As you know, in view of the time delays incurred in issuing and validating the above- we were not able to close the City's purchase of the Inlet Village property September 15, 1976, pursuant to the terms of the amended Contract between the City and sellers. Accordingly, I have prepared a Second Amendment iD the subject Contrac$, amendment has been executed by the sellers on September z-I, i~'~. I am enclosing (3) copies of the executed SD.9_qgd Amendment to Denosit 2eaeiQt and' Conr e. which should be placed on the 10- 5- 'i---g~ enda for t?e Ci%~ ~ of a motion to authorize its execution by the -Mayor and City Clerk. a motion be adopted, two (2) copies of the Second Amendment should be re- to me after execution by the ~,~ayor and City Clerk. A ~ to be considered by the Council is the request of the sellers' attorney year 1976 be~ the date contemplated for closing under the terms of the origina/qLv6-~- He has made this request due in the additional burden placed upon his clients during period of the closing date's extension and because they have been unable to obtain in- from the property during this period, while at the same time incurring additional ex- incurred iD protect-the same..~The difference in i_he real property lax proration made (the extended closing date) as opposed to ifae original closing date of 6/i5/~6 Accord~EiY. s~n'o!~aneously with Cue con~_de~c~_ ~ +_he r~o~n io au~o-~-ze execu- · of ~e Second Amenchnent. lhe Cou_~ci! sho,~d also cons~-,der th~"~ereouest of z in reynards iD proration of r~! Drooertv taxes. ROBERT SECOND A 1ViENDA/KE NT to DEPOSIT RECEIPT AND CONTRACT FOR SALE AND PURCHASE between Melvin M. Goldherg and Vera M. Goldberg, his wife, and Iris M. Snyder, as "Sellers", and The City of Boynton Beach, Florida, as "Purchaser" I. Paragraph No. 4 of the aforesaid contract entitled '~CLOSING DATE:", is hereby amended to read as fo[lows: "4. CLOSING DATE: ~his contract shal! be closed and the deed and possession shall be delivered on or before the tst day of December, 1976; unless ex-tended by other provisions of this contract." In alt other respects the terms and condilions as originally set forth in %he aforesaid contract are ratified and confirmed. _%fLEEV!i~ M. GOLDB]ERG VERA M. GO LDBE RG ~S ~ SN~'DER Execnted by Purchaser on CiTY OF BO~-~TON BEACH, FLORIDA AT_TEST: By: JOE DE LONG, Mayor City Clerk IX. B. ~ ~ - Mr. Frank Kohl, City ~nager City of Boston Beach Post Office Box 310 Boston Bea~, Florida 3~35 Subject: Proposed Improvoments to Woolbright Road and Seacrest Boulevard within Boynton Beach Municipal Limits. Dear Mr. Kohl: As you are aware, on August 31, 1976, Palm Beach County held a Public Informational Meeting within your City Hall on the pro- posed ~mprovemeuts to Woolbright Road and Seacrest Boulevard. We are receiving Bids on the Woolbright Road improvements on September 28, 1976, and are projecting receiving Bids in April or May on Seacrest Boulevard. It is respectfully requested that your City Council ~ comment to the Board of County Commissioners on the proposed ~ s~sen~ y Ispzay~d · mprovements a our City Hall. HFK:j Sincerely yours, H. F. ~ahlert, P.E. County Engineer would like a~ ':: of land IX. E. S C D 305/278-0000 SOUTH COUNTY DRUG ABUSE FOUNDATION, INCORPORATED 2300 SEACREST BOULEVARD, DELRAY BEACH, FLORIDA 33444 Fra~ Kohl, City ~anager ~d Boston Beach Co~cil M~s 305/732-0800 On their September we received a City of Boynton Beach draft n the\~t of $3,000.00. Th~s second installment of your city's commitmen~ to our program~n fiscal '75-'76 is greatly appreciated by the Board, Staff ~nd clients of our program. Without the finan- cial help of the communities we serve, it would be impossible to continue. Through an oversight on someone's part, and the usual confusion that occurs when a change in management takes place, we failed to appear before your organization during your budget hearings. Our failure to be there should not be construed as a lack of interest or a les- sening of the need. On the contrary, the very survival of our p~ogram rests onthe continued support from Boynton Beach and other communities within our catchment area. At this late date, ! respect- fully request that serious consideration be given to continuing financial support for our organization by the Boynton Beach Council. ~e amoun, t~ of~$6,%0~..00, e ,'ual to last year's commitment, would present your ~i~-~-rS fair ~hare as computed by the nunuber of Boynton Beach residents treated within- our facility. A copy of our budget for year '76-'77 is enclosed. Twenty-five per- cent of the bottom tine figure, or $108,000.00, must be raised by the local communities. In ot~er words, we must find $27,000.00 merely to survive. We ask your help. Pr_~ L. carey, Jr. President, Board of Directors IX. F. SOLID'WASTE AUTHORITY P~m B~ach County 208 Clema~ Street, Su~te 505 West-Palm Beach,. Flotilla 33401 September 24, 1976 CiCA; of Boynton Beach City Hall Roynton Beach, FL 33435 Attention: Mr. Frank Kohl, City Manager" SUBJECT: APPO]iNTMEYUfS TO THE SOLID WASTE AUTHOR/~Y CITIZEN'S ADVI SOP~ CC~'iT~:~.'. The' Solid Waste ~uthority is seeking nominations for the Committee from the below listed municipalities. ~ Raton Detray Beach Boynton Beach North Palm Beach Palm Beach Gardens Lake Park Councils should submit one nominee each f~m which the Authority ~ill appoint : --~--~3) m~mDers ~ one alternate. ' NomJ_ne?s should be frQm a muni~ttee however, this is not a recmum~v~nt. No elected oz mca_ ~ '.' accep :~ as nom~nee~. ~ - P~sponsibilities of the con~aittea are to revi~TM ~nd ~ke r~ations ~o the Authority on ~ost matters concerning the pl~r~ ~nin9 for and i~plamen~ation of a Compreiaensive Solid Waste ~ag~m~nt -_~m~gr~ ~m in Palm Beach County. At this point in time, o~.~r~tkee m~=~rs are not ~id and' trav~t expenses ~re not as yet provided. We hope %o c/a~_~e, at least, ~he ~.~a~er in the near future. _ · We feel that the Advisory Con~ittee will be of significant importance in fo .r.mulating and ~plementing %his County's Solid Waste Management Program snd therefore the individuals ~bat are appointed should have a ooncezned interest in this problem. There is no limit, to 'date as to how long a member can serve on this committee. And, as a general rule the committee meets the first Thursday of each ~onth at 3:00 p.m. in the West Palm Beach ~rea. I would appreciate a response no later than October 12, 1976. Should you have any questions please call ma at the nuT~0er listed below. Sincerely yours, Timothy F~. Hunt, Jr. Executive Director, Solid Waste Authority Un~il October 4th - 655-9500, ext. 300- from October 4th - 659-7828