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Minutes 08-17-76MINUTES OF REGUI~&R CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HAL, TU?~_SD~_Y, AUGUST 17, 1976 PRESENT Joe DeLong, M~yor Joseph F. Zack, Vice Mayor Edward F. Hammen~ng, Councilman Emily M. JacY~on, Councilwom~n Norman F. Strnad, Councilman Frank Kohl, City Maunager Tereesa Padgett, City Clerk Robert B. Reed, City Attorney Mayor DeLong welcomed everyone and called the meeting to order at 7:30 P. M. Ke requested ~eryone to please arise at the sound ok the gavel for the invoca~mon given b~ Father A1 Victor, Assistant Pastor~ St. Mark's Catholic Church, ~ud to kindly re- main standing for the Pledge of Allegi~uce to the Flag led by Councilman Nor~n F. Strnad. Announcements Presentation of Trophies to the Boynton Beach All Star Little League Baseball Team Mayor DeLo~g first reviewed the history of the 1976 Little League plevoffs by the Boynton Beach All Stars. He added that it was his understanding that this was the first occa- sion the Little League had won the sectional championship. He then read their record for the sSo~ional championship games played. He announced they had won second place in the State championship. These ~1 and 12 year olds represented the City honorably and showered the City with prestige. He thanked the members of ~he team, coaches and m~uagers stated it was his hono~ to present the~ophies on behalf of the residents and City officials. ~. Kohl read a letter from the Little League Baseball team tha~rd~ing the City for their support and providing the bus to take them to the championship ga~es. He then called out the names ~ the members, coach and maneger and resuested them to come forward to receive a trophy from the Mayor. Mayor DeLong then announced it was all right for the Little League members to leave to celebrate their victory or they were welcome to stay to see how City government operates. Mayor DeLong anno~unced that City Hall would be closed on Monday, September 6, in observance of Labor D~y. Mmyor DeLong then called upon Mr. James 0'Meara to make an announcement. M~. O'Mearaaannou_uced they would have their Boynton Beach Bicentennial Committee Awards Night on Septem- ber 12 at the K~ights of Columbus. He told about what was planned. MINUTES - REGUL.~Q CITY COUNCIL .~ETING BOYNTON BEA~, FLORIDA AUGUST 17, 1976 ML~UTES Regular City Council Meeting - August 3~ 1976 All the members passed when calleduupon to make corrections, additions, etc. Mr. Zack moved to accept the ~nutes of the Regular City Council Meeting of August 3, t976, as submitted, seconded.by M~s. Jackson. Motion carried 5-0. Special City Council Meeti~ - Ausust 4~ t976 All the members passed when called upon and P~s. Jackson moved to adopt the Minutes of August 4, ~976, as submitted, seconded by M~. Harmeningo Motion ca_~ried 5-0. PUBLIC ~UD~NCE ~yor DeLong requested ~anyone to step forward who wished to address the Council. He added that if there was any item on the agenda anyone present wished to speak about to kindly give their name to the City Clerk, ~s. Padgett, and when that becomes the order of business, they will be called upon. M~. R. B. Vastine stated his name and his address as 132 Leisureville Boulevard and informed the Council that he was the President of the United Boynton Civic League. He reminded everyone that September 7 is a very imports_ut day and stated he was specifically referring to the s~_x items on the ballot for their consideration. He stressed how public participation was very important. He referred to the Nayor ~cd Council giving leadership, but 56w it was ~mufortunate that some mem- bers of the Council felt their "noTM votes were an official act. They have their right to their opinion, but the voters ~have the right vo express their opinions. The League has studied the proposals in depth and the Bos~d of Directors ~c~imously approved all six proposals and they stress that the people should go to the polls and vote on September 7. He added that this was presented to the public as a civic service. The people must decide what they want. He then requested the opportunity to speak further on this matter u_uder Legal, proposed resolution regarding capital improve- ment revenue bonds. M~. Robert Tuttle stated his name and referred to four to five weeks ago when he asked permission to move an office trailer into the industrial park, which was granted by the City Council. He stated he was a citizen of the State of Florida ~ud a voter in Palm Beach County residing in West Palm Beach. He feels he was put upon by the Building De- partment of this City ~ad harassed. In the past 45 years, he has been faced with many unusual predicaments. For the -2- MINUTES - REGULAR C~,TY COUNCIL ~TING BOYNTON BEACH, FLORIDA AUGUST 17, 1976 ~ast 13 years, he has been in the construction industry and the last 6 years has been in Florida. Re was confronted with a problem about five weeks ago, but considered it solved by the City Council. After that, he was harassed. The money he spent was unnecessary. He represents a comp~uy working here. He represents himself tonight and the people who work for him. Nine of the people live in Boynton Beach a33.d four are homeowners. He referred to submitting a letter contain- ing his complaint and requested the City Council members, Mayor and City Manager to read it at their leisure. If they have any questions, he will be glad to apoear before the Council Dr his office is open. Mayor DeLSng replied that he believed they should make a study of his report and give their comments to the City Manager. If the City Manager ~eels th~.complamnts are justified, he can follow through. The Coun~l members agreed. M~. Charles Daniels stated his name and that he owned the C & B La~u~dry~ on 2nd Avenue. He stated that he received the report f~om the City Engineer stating the laundromats should still stay on commercial rates because all the water they use has to b&~treated. He would like to point out if they were .not in e~istsnce, all the water they ~ut into the sewer sys- tem woul~ be put in through people doing ~heir laundry at home. T~e citizens are going to wash their clothes some place and the water is going to be treated. Mayor DeLong asked if the report was from the City Engineer or the sulting Engineer smd Mr. Daniels replied that it was from ~he ConsUlting Engineer. He continued that for the month of July, he spent 50% of his gross income for utilities alone. His books are open and there is just not that much money in this business. His water bill jumped 100%. Mm~or DeLong recommended, in view of the fact that each member of the Council received this communication from the Consulting Engineers, the, the Coumcml members come forwarm ~th some input insofar as the~ feelings if anything car. be done in this instance for relief. He believes they should give the input to the City Manager for consideration at a later meet- mng. M~. Strnad stated that he agreed with ~. Daniels that clothes must be washed somewhere in the City. He thinks this is a very good point as far as the wash water having to be treated. He thinks this should be looked into f~3~rther. Mayor DeLong called upon the City Manager for more detailed information with regs~ds to exactly what the communication meant. He referred to the Consulting Engineers referring to the ~ond~ng resolution. M~. Kohl agreed that it did refer to the bonding resolution and read the clauses stated. He added that regardless of the wording of the ordinance, it was neve~ the intent of this f~rm to include laundromats in any other classification but commercial. -3- MINUTES - REGULAR C~T~ BOYNTON BEAC~, FLORIDA COUNCIL ~ETING AUGUST 17, 1976 Mayor DeLong suggested that this be turned over to the City Attorney to di~est the verbiage in the resolution and to scrutinize the contents and present a recomm~endation. M~. Reed referred to this being discussed previously and advised that he did check into this. He is concerned whether the City had the power to change the rates. He checked with the City Finance Director ~ad dmscove~ed ~hms ~au$usge _n one of the outstanding bond resolutions. He checked with the Con- sult~ug Engineers a~ad as a result of that, the Consulting Engmnesrs prepsu~em tnmo matter whmch states laundromats ShOUld be mn the c ommercmal category~ He mnterprets mt that they ca,mot t~ke laundromats out ~ the commercial category. He thizaks they should consider whether the rates can be amended. Mayor DeLong asked if they should check with the bonding at- torneys to see if they are yrivileged to mmamd this and M~. Ree$ agreed ~hey could con~act the bond counsel. He added that it was mmportant whether the City was generating more thau?u~ficient~ ~ucgmes based on the rates in this ordinance to adeq~$tely fmnd the ~nds. Mayor DeLong stated he be- lieved i~ would be worth the opportunity to go all thswaY to mae if they oould gi~e these people relief. He believes it is the intent of the majority members to try to give these business people some reZief. ~s. Jackson asked if the condominiums charged for the use of their machines and ~. Daniels replied: yes. She asked if they had the same license and Mr. Daniels replied that he did not know. ~s. Jackson referred to there being preferen- tial treatment and Mayor DeLong replied that it would be up to the bQnding attorney and City Attorney. He added that it was a question of legality whether they could amend the bond- lng resolution or pass any legislation which would be in dis- agreemen~ with what has been in the past. Mme. Jackson referred, to char~ging ~ates in the past ~ud added that she thQug~t ~ondominiums should be looked into. Mayor DeLong state~ they would do all they could. M~yor DeLong noted that the ti~e was 8:00 P. M. and Mrs. Jackson moved to proceed to the Public Hearings scheduled, seconded by ~3~. Harmeu~ug. Motion carried 5-0. PUBLIC ~ARINGS #I - Lot 27, Block 4 L~ke Addition Address: 613 N. E. 8th Avenue Applicant: LaV~uce G. Muro and Hazel F. Sommons Request: Rezone to R-2 from R-lA Use: Construction of Duplex M~m. Kohl mnxor~.ed the Council that at the Planning & Zoning Board meeting of August t0, the members reco~mmended approval of this application by a 3-~ vote. The City Planner has MIlk'UTES - REGULAR CITY COUNCIL ~-~ETING BOYNTON BEACH, FLORIDA AUGUST 17, 1976 advised the motion to approve the request was made by M~. Lambert. His motion was based on the need for buffer uses to separate the C-4 from the R-I~. Ms. Ryder voted in the negative, owing to the spot zoning nature of this applica- tion. All legal reauirements have been met. Mayor DeLong asked if anyone present wished to speak in favor of this particular application. LaVs~ce M~o stated her name and informed the Co%uucil that she was a joint owner of this lot with Hazel F. Sommons ~ud was ~ favor. Mayor DeLong asked if anyone else desired to speak in favor and received no response. He then asked if anyone opposed and received no response. Mayor DeLong referred to reading the minutes of the Planning a~ad Zoning Board meeting a~d stated he was quite concerned with the 3-I vote. They just had a zoning revision and are going back into the same old story of spot zoning. He re- ferred to a previous recommendation from the Planning & Zoning Board similar to this. If they e_~e going to accom- modate people and_ olace a buffer, he thinks it should not be just one lot but a strip. M~s. Jack, on replied that they did not advertise for a strip. Mayor DeLong continued that in a similar instance, the Planning & Zoning Board approved spot zoning on N. E. 7th Street and the final approval by the City Council was to t~dme an entire strio and rezone it. He then asked if the City Ple~uer was presSnt, as he was curious ~o know if there could be a strip and ~. Kohl replied that he was not present tonight. Mss. Jackson referred to having to advertise all over for the whole area and Mayor DeLong agreed. M~. Zack stated he felt this would definitely be spot zoning. He has ~ead the input from the City Pl~ner. He is not in favor of spot zoning. M~. Zack moved to reject the recommendation of the Pla.~ing and Zoning Board for the app%ication to rezone from R-~A to R-2 Lot 27, Block 4 Lake Addition. Ms. Strnad seconded the motion. Under discussion, ~. Strnad s~ated that he agreed in that this would not serve any purpose at all just with taking one pmece of property ~ud using it as a buffer zone. He thi~s a whole strip should be taken and not just one lot. ~s. JaCkson agreed. ~s. Pad~ett then took a roll call on the motmon as follows: Councit~ Hs~mening - Aye Councilwoman Jackson - Aye Co~cilman Strnad - Aye Vice Mayor Zack - Mayor DeLong - Aye Motion carried 5-0. -5- MINUTES ~ REGUI~q CI%~f COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1976 #2 - Tract 4, Location. Request: Use: Applicants: Golfview Harbour, 3~d Section S. E. Corner 23rd Ave. & Congress E. 450' to be rezoned to C-1 from R-1AA W. 700' to be rezoned to C-2 from R-1AA C-1 - Neighborhood Office C-2 - Shopping Plaza Norman J. and ElisD~/ca E. M~cD~el M~. Kohl advised that the P!~uning & Zoning Board at their meeting of August 10 had a public hearing, However~ they are unable to submit a recommendation ko the City Council due,to a ~plit 2,2 vote on the motion to deny the application. The City Planner has advised the motion to deny was made by P~. Ryder and seconded by Mr. Kostner. This resulted in a split 2-2 vote. M~. Ryder based his motion on the established re- sidential chea~acter of the ~eighborhood a_ud on the existence of ample commercial zoning in the e~ea, Mr, Lambert and ~. Kelly disagreed in part with the reasons presented in ~. Ryder,s motion and voted in the negative. All the require- merits have been met and th~ residents in the area have been notified. It is his %~uderstsr~ding the City Clerk has ar3y and all approvals or disapprovals on this request. ~a~yor DsLong requested anyone in the audience wishing to speak in favor of this application to appear before the City Council. ~. William Boose stated his name and advised that he was a lawyer from ~est Palm Beach representing Mr. & ~s. No,man ~chael. He stated they had several graphics and site plan boards to share with the Council. He would also like to t~ke the opportunity to reserve the right to return to the podium. Mayor DeLong replied that he would be given plenty of time, as this has been a long standing problem in that area. Ne will not cu~ ar~-one short. Mr, Boose continued with showing a color graphic of the re- zoning a~tivity which has taken place in the western Boynton Beach area. He pointed out the location of the specific ps_~cel e~ud the zoning in the s~ea. He stated that for an applicant to come forward amd propose a commercial area, he ~st have something special. It has to be something non- existent in the general area. He agreed that there has been a history with this application. He visited with the Planning a_ud Zoning Board on July 13 and the site develooment plan was withdrawn because of technical problems presented by nes~by residents. On August 10, the application was again heard by the Planning ~ Zoning Board as reported by the City M~uager. They tried to take the constructive criticism given at these hearings and think they have acconmnodated most of the objec- tions, in working with the neighbors at the south side of the camel in Block 19, they were a~ked to modify the reZoning -6- MINUT~S - PJEGUL~R CiTY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 17, 1976 application to put C-1, professional offices, immediately across from these neighbors. They have amended the appli- cation to go from 440 ft. to 540 ft. in C-1 and decreased the C-2 from 700 ft. to 600 ft. Also, the Lake Worth Drain- age Bistrict gave permission to use 40 ft. for accessory parki~_g, but they have decided against that and will buffer that area for the protection of the residents. He then showed a map of Golfview Harbour and pointed out the single family and multi-family areas. He then showed a site plan and pointed out that the eastern area would be C-1 and the western portion would be light neighborhood commercial. The purpose and intent of the C-2 is to provide limited small commercial facilities for the neighborhoods in the immediate area. These needs are not being met in the Boynton Beach area. He referred to the large areas of commercial develop- ment an~ explained how they were fan different from this type of development. He pointed out the extensive landscap- ing and screening planned. He explained how they had pro- vided for traffic improvements. In addition, they are pro- posing a plaza to make this a social experience and not only a shopping experience. He then showed the architectural theme and explained how it would be a specialty plaza. He thinks it will be a refreshing change for the Co~uty and Boynton Beach. ~. Boose then referred to being faced with a problem of guaranteeing that this is what will be built. He stated that they were interested in giving the Council, residents, friends in the community, ~d people not favoring this to go beyond what the ordinance requires. He presented a notar- ized affidavit to the City Clerk stating in writing what they have tied to this site plan. He then read the affi- davit. He advised that the affidavit would be attached to and made a part of the site ple~u. M~. Boose then referred to being concerned with the head count of those in favor and objection. He stated that they were concerned with the wishes of the residents of this project as they have bought quality homes. They wanted to concentrate on those residents nearest to the proposed development. He presented a petition with 25 names living within the 400 ft. approving this application. He added that these were not people who took a casual interest in this application, but reviewed it in great detail. They are in support of the application because they feel there is an economic need being met and it is being done in a sen- sitive manner. It is comprised of light intensive uses not found in Boynton Beach and not planned. He explained haw great planning had gone into it. He referred to receiving objections to the pedestri~u access bridge and advised that they were totally flexible about this. The shopping center is well planned and is convenient and meets the criteria of -7- MINUTES - REGUL~ CITY CO~CIL ~TING AUGUST ~7, 1976 BOYNTON BEACH, FLORIDA the zoning ordinance. These land owners have demonstrated sensitive treatment for the site. They have solved the problems by taking care of off-si~e traffic problems ~ud have presented a definite solution. He respectfully re- quests approval of this project. M~yor DeLong informed him tha~t since the last time he ap- peared before the Council at the rezoning public hearing, the City has hired a City Planner aud if there still exists any defioiencies in the zoning code, it is ca~ably being taken of. Mr. Boose replied that he has had discussions with the City Planner and believes he is in agreement. Mayor DeLong then asked if anybody else wished to speak in favor of this particular item. He suggested that a spokes- man speak for the people. He then asked if s~yone desired to speak, in opposition to this and suggested that a repre- sentative from their homeowners, association be the spokes- man. M~. Richard Caldwel! stated his name and his mddress as 1350 S. W. 27th Place. He informed the Council that he had been asked to spe~d~ on behalf of the residents opposed to this rezoning. A few weeks ago, the homeowners' association vote~ to survay the homes within the 400 ft. area and the results were 2 in favor, 15 against and 9 wish~ag not to comment or outoof town. _~-aese 26 homes are the ones to be the most directly affected. These must be heard above all the other people and they say no to the rezoni~. He then asked those opposed to stand up. He then referred to the question raised about the suitability of this land for devel- opment and advised that several new homes were being con- structed along 23rd Avenue and builders have e×pressed a desire to purchase this land for residential development. This land could become valuable land in relation to water front property. This land can definitely be used for resi- dentia!. There is a surplus of vacant commercial land. He referred to the various shopping centers in the area. Why should they put more commercial in this residential area? People are moving away from Miami to get away from commer- cial. They want business to do well in Boynton Beach, but must not let the zoning get aw~y from the citizens like it has in other communities. Vice Mayor Zack and Councilman Strnad campaigned in establishing a new master plan for this City and he encourages them to work for this plam. They should use their good sense and project the uses if this land were to go to commercial. He then referred to the Simpson incident and stated that violent crimes were more prevalen2 in commercial areas. What about the foot bridge? Is there any evidence to support the claim that the proposed stores will thrive with department stores opening up the road? Is there s_uy assurance that you will get what you say? With -8- MIh~TES - REGUI~ CITY COUNCIL ~ETt~G BOYNTON BEACH, FLORIDA AUGUST 17, 1976 regards to the signed affidavit, what about contract zoning? Does this City's coffer swell so much that they need a law suit? Also: what about spot zoning? How manY more changes will be made before this Coo~ncil has a clear-cut plan to con- sider? The value of this property will soar the same night it is rezoned. Last year, the City Council voted 5-0 to keep this land R-I~ and he sees no change in the last year to necessitate the change. To the contrary as the recent con- struction along 23rd Avenue would indicate there is a need a~ud desire for residential. He ask~ the Co-mucil to repeat their vote of last year and vote 5-0 against this. Col. Albert Wehrell stated his name and that he understood from the discussions that they p~an to put a restau~at in the C-1 zone. At present, the ordinance does not permit this. ~. noose informed him the restaurant would be in the C-2 zone. M~. Wayne Upton stated his name and his add~ess as 1401S. W. 25th Avenue. He informed the Council that a group got together las2 S&turday who live abutting this property. They went out and canvassed as best they could to see what the opinion of others was in the a~ea. He presented a petition with 149 signatures objecting to the rezoning. Dr. Robert Guzauskas stated his name ~ud that he lives in Golfview Harbour and owns a business at 2800 Seacrest Blvd. Several months ago, M~. noose represented him to rezone his business property from residential to professional office use. The need at that time was real. The zoning change passed, Five City blocks now extend from Seacrest around the corner on 23rd to Federal Highway. ~. Michael is seek- ing a zoning change tonight. He dree~ms of building a shop- ping mall. They should consider the community need for this ~mll. There is some nearby existing commercial property s_nd others on 2nd Avenue. There are ms_ny existing mad available commercial properties. There is about 50,O00 sq. feet under construction and unrented at this time. There is over one million square feet for sale in the C-1, C-2 and C-3 zones saad he has a listing available of these properties. He then questioned if this request was for the co~.mmunity good. He believes the co~unit~ does not exist with Golfview Harbou_~ unfinished, Leisureville under construction and Charter World having gone b~ukrupt. At the Plar~uing & Zoning Board meeting, the contention was made this would bring money to the commun- ity, but small offices and stores do not create new wealth, but recirculate the money. Also, there are as many ba~ as there are gas stations, if this zoning is in the comm~uity good, let's first establish that good community. The land- scape of Florida is littered with the b~oken dreams of men. He urges the Council to reject _Mr. Michael's request. Also, he asks the Council not to allow ~@. ~chasl or ~. noose to withdraw the request, but to give a yes or no vote on this matter. -9- MI~JTES - REGULAR CITY COUNCIL ~REETiNG AUGUST 17, 1976 B0_VNTON BEACH, FLORIDA ~v~s. Kathisen Kirton stated her name and her address as 2526 S. W. 13th Court and added that she was a member of the Commit- tee appointed by the President of the homeowners' association. This Committee purchased from the City the list of the home- owners Within 400 ft. When they did this s~mrvay~ they noted 26 homeowners with homes built ~ud on the tax roll. She would like to see the list to, ned in with 25 names and check it out. She knows there are more within the 400 ft. opposed to this than for it. She urges the Council to check the City list to see if their survey is correct with 26 homes. Mayor DeLong asked if she did contact the people on the City list and ~s. Kirton reolied: yes and she doesn't know where they could come up with-25 within the 400 ft. in favor as this is not true. t~. John Meyer stated his name and advised that he o~ms two houses in Golfview Earbour. He stated that the main problem is that this looks great~ but what stopst~hem eventually if this restaurant fails and then a fast food 9-11 could go in there two to three years from now. Once the zoning is changed, any control or any promises made are totally worthless. Their concern is not that they promise this, but there are no real g~antees this will continue. He has seen all kinds of pro- perty run down in value. They don't want to deprive M~. tAtchael of making a fast dollar, hut don't want to have their property ru~u down. A member of the audience stated that Mr. Michael has kept his promise~ and has done above a~d beyond. Mayor DeLong replied that they had been given the opportunity ~o speak when asked for those in favor. Mm. Boose referred to there being some confusion at that time as he knows there are people present in favor. Ms~vor DeLong then asked if anyone wished to speak in favor. M~. Mike Shortley stated his name and that he was ~uilding a home closest to the property in question. There was a ques- tion the last time he was here whether he owned this property and he now has the deed to show to clarify that he has the right to speak. He then asked the people in favor of this rezoning to stand up. He added that some of the people who did not sign the petition are the silent majority, but he c~unot speak for the people who did not sign. As far as the specialty shops proposed, he has been in the retail business for ~5 years and specie~ty shops are not in the shopping centers and they do not have any in Boynton Beach. He pla~us to move to this area and has a f~mily. He thir2~s this will complin%ent the area. He does not know where the infor~nation came from that people arelleaving Miami because of the com- mercial areas. He does not think it is proper to refer to the fast buck. ~. Michael has been here awhile and will be -10- M~UTES - REGULatoR CITY~ COUNCIL ~ETING AUGUST 17, 1976 BOYNTON BEACH, FLORIDA here awhile. He feels the Council is open minded enough to realize buildi~ is starting to pickuup and there is a need for these offices a~ad stores. They must keep ahead and he believes they are headed for a good economic situation. ~yor DeLong ~nounced that a fair and equitable way to as- certain this was to take a count of those present. He asked those people in favor of this particular application living within the 400 ft. radius to please stand up, one from a family and M~. Kohl counted 6. .Mayor DeLor~ then asked those ~h~ 400 ft, radius to olease in opposition living within + ~ _ stemd up, one from a f~ly and ~. Kohl counted 10. ~yor DeLong then asked everyone ou~ide the 400 ft. in objection to stand up, one per family and ~. Kohl counted 15. Mayor ~eLong asked all those living outside the 400 ft. in favor 0 stand up, one per family, and Mr. Kohl coumted 21. M~. Kohl s~ated the results were. Within 400 ft. - Against - ~0 Favor - 6 Outside 400 ft.- Against - 15 Favor -.21 Mayor DeLong asked if anyone else desired to speak. }~s. Elisia Steohanie stated her name and her address as 25th ~ay. She state~ she was for this until she found out it was C-~ and C-2. She is not in fe3~or of it now. ~. Clifford Morf stated his name and referred to two a~Eu- merits being presented againsthihis. ~ith reference to the crime, how will a shopping center stop or encourage it? He is not a personal friend of Mr. Michael, but bought a house from I,~. Michael. He was I0~/o honest and beyond that, he had integrity. He told how he had repaired the grouting after he had lived there for two years, Also, ~. Michael has been accused of making a fast buck, but there would be no Golfview Harboo~. ~Aayor DeLong announced that. he believed they had heard about everything there is to be heard outside of the attorney for the applicant having his say in rebuttal. ~. Boose stated there were several co',mments he would like to bring to the Council,s attention. He think~ they need to take a real careful look at the request for a land use change. ~is there a need? He explained how they coul~ be possibly swayed by the petition~ but not kmow how they were presented. He referred to ~. Caldwell's preparedppresentation ~ud the petition sub~tted. ~. Caldwell insists the best use is residential, but he lives in the project. The land owner has spent a great deal of money trying to determine what is the proper use. This ma~u will have an office here ~ud will continue to live in Golfview Harbour. He agree~ with M~, -11- AUGUST 17, 1976 MIB~TE$ - P~EGUL~R CITY COUNC~L ~ETING BOYNTON ~ , FLORIDA Caldwell that people are fleeing Dade and Broward Counties, but they have not been pl~uned this way. This will raise the values with the buffering and architectural design. In reference to Simpson's crime record, that is really irrelevant. It will be __ghted and will have a fence. A competition oro- blem was cited, but they had a feasibility study done and have total backing sad a green light that this can be done today because the builder is ready to go a~head today. ~ne contract zoning question has been eliminated and will be eliminated by the zoning not being ap~oved based on the affidavit. The developer will complete the project as stated. Spot zoning was mentioned and this is alw~s tD~rown around. Spot zonmng ms not Wm±_mamsourg Row. Last ~ear's decision was unfor{unate, but the devslope~ is prepared to go ahead with this ~lan and assign and there is an economic need. A peti- tion was presented with 149 Signatures, but he expl~imed how they did not know where thess people lived. Also, it must be considered if the project was properly explained. In reference to the commercial land available, they also made a survey ~ud the _enmers did too and have given the go ahead. They believe t~ms is nob available in the Boynton Beach li~ts today. The fact there are some incomplete aspects in the multi- fancily area, this will be resolved. He ~a meetiD~ with the City ~nager and the Cm~y will issue building permits and they will be built on schedule. They must have building permits to build the project. He does not think this is relsv~ut. Mayor DeLong clarified that he was referring to the land south of the c~ual court ordered for multi-family and asked the City Manager to comment. Mr. Kohl stated that he had made no com- mitments to anyone, but stressed to Mr. Boose that when the City Attorney arrived back from vacation, he would decide. M~. Boose agreed and stated he will meet with the City At- torney a~ud has resolved in his n~ind a solution to the pro- blems. The City Manager has made no com~itnaents at ~ll. Mayor DeLong continued that if there are obligations on the part of the developer~ this Council will not go along with any approval -~util~ the conditions are met. He told about people co~ing in every day in regards to the conditions be- ing corrected at Golfview Harbo~. ~. Boose replied that if the City would issue the proper permits to proceed, it will all be resolved. Mr. Kohl stated that he could not issue permits until the things referred to in his letter are done. His concern is the City and whether the ordin~uces are being adhered to. ~yor DeLong added that he knew build- ing permits could not be issued until the obligations ~e met. They are going to act on something ton~'~ht and they will want building permits, but their obligations have not been met. ~. Harmening referred to digressing into something that has no bearing ontthe public hearing and M~or DeLong replied that they must abide by their present commitments. MI~UJTES - REGULAR CITY COUNCIL MEETING AUGUST 17, 1976 BOYNTON BF_&CH, FLORIDA Mx. Norman Michael appeared before the Council. He advised that on June 18, 1973, they were granted Zoning on the t~_ree parcels of land on Congress Avenue. The improvements are tied to the permits which should have been issued to them under that court order. He applied for the permits for the villas ~ud the site plan was approved by 4~. The other improvements they are discussing are the entranceways and storm drain. These improvements are directly connected to the permits which should have been issued under R-3 ~d were issued im November, 1973, but were not given to him. A sewer moratorium was in effect. Since April, he has requested new b~ilding pern~ts. ~ne site plan has been held up to deter- mmne whether they fall under R-3A or R-3. R-3A was issued under the court order. He is trying to improve the balance of the property, but has not been granted the permits by the City. Mayor DeLong referred to him coming in ~_ud how they tried to resolve this a~ud he suggested that he meet with the City Manager a~ud City Attorney. Mr. Michael re- plied that he is still waiting and has submitted a site plan to the City Planner. M~. Kohl stated that he was not being h&~d up by the City. The City Attorney has been on vacation, but he stated he would talk to Mr. Boose. Mayor DeLong stated that they must resolve this particular problem and give it immediate attention this week. Mx. ~chael referred to the stipulation agreement and Para- graph No. 4 stating the City is to issue building permits. The plans were submitted to the City in July, 1973. The permits were issued on November 21, 1973, but were never gluten to him. Mayor DeLong replied that a sewer moratori~ was olaced by the County Board of Health. M~. Michael agreed but ~tated that the permits were issued, but not given to him. M~yor DeLong stated it was critical for the people con- cerned and ~. ~chael replied that the c~ual has been blocked up. Mayor DeLong questioned whose responsibility this was ~ud ~z~. Michael replied that the movement of the Big Bass Waterway is not goi~ to move because of a~y development. He is just going to put in a storm drain. It will t~dme the surfac~ water into the waterway, but these improvements are not going to alter the present conditions. It wilt take the surfac~ water off the parY~ng lots. However~ if they are not allowed to build the buildings, how can they build a storm drain to take off the water from a parking lot not even constructed? Mayor DeLong replied that this should be answered by the people holding up the hermits and ~. Michael informed him that they were going to m~et. R~. Boose added that he did not w~ut to see anyone sidetracked on the credi- bility of this builder. Mhat they see on the plsm is what they are going to get if this approval moves forward. The other problem~ will be solved at the meeting with the City Administration. Mayor DeLong informed him that this had been mentioned in communications sent in objection. The people are concerned. Now it will be ~ question for the mem- bers of the City Council to decide what to do with this application. -13- MINUTES - REGUL~_R CITY COUI~CIL ~ETING AUGUST t7, 1976 BOYNTON B~ACH, FLORIDa_ ~. Zack referred to the Planning & Zoning Board minutes containing approximately eight pages regarding this appli- cation and ~tated that the information presented tonight doesn't ~ibe~ He is not concerned with the people living outside Of' the 400 ft. area. He doesn't believe they should be concerned with them. In these minutes, the Vice President of the homeowners, association mentioned l~'for and ~2~-against and Chairman Kelly mentioned !etters had been received from 5 for and 5 against. Mayor DeLong informed him that the ordi~ance did not require ~uysne outsi~e of 4.00 ft. to be notified. ~¢r. Reed added that the property owners within 400 ft. are obviously the most directly affected, but other residents are interested and should be heard. This is the basis for the public notice. Mayor DeLong added that it ~ppeared the people of every city have the right to decide what type of zoning they Want. ?~. Strnad stated he was still not clear as to how ~ny people were for this am'~.~g~t'_~.s~e~f~t~o~h~ th~ have appe~ed, D~titions pr6~ented, etc. ~or DeLong asked if he wanted a poll taken of the entire ~ea smd S~rnad replied he would like to see that done. He d~not ~ive ~ honest vote if he doesn't ~uow what the oeople w~t. M~or DeLong asked if it wo~d b~ out' of order f~r the City ~d~nistration to conduct a Doll and >~s. Jackson po~ted out that they were here not for a site plan, but for zoning. M~yor DeLong stated that if a study was conducted, it would be based on the zoning ~d not the site pl~. M~s. Jackson citified that the pictures shown have been site plans ~d M~yor DeLong replied that it was proper to show what was planned in desiring to develop property. If a slat is not in order with the oro~ecti~e, then that is the-time the City Planner ~d P~anning & Zoning Board should get after it. ~s. Jackson remarked that it was too late then to c~nge the zoning. Mayor DeLong stated that if they do approve the zonmng, it must meet the prospectives sub- mitted on the plat. ~'s. Ja~on asked if there was any- ~-g. ~u_t~e come s~atmng mf they ch~uged the zoning, it mmsv se ou~lt as presente~u~. Reed replied that there ws~ nothi~ in theeordin~ncs, but the necess~y site plan would have to pass the appropriate bo~ds. Ms_Esr DeLong a~ded that it could not be developed unless a plat Is ap- proved by the City Pl~uner e~d Plsmning & Zoning ~s. Jackson pointed out they had advert~ed for rezoning tonight and M~or DeLong ~reed. ~. Zack stated that he re&tized that~an affidavit was presented, but he would not be sold on an affidavit. He ms concerned with C-1 and C-2 and ~aything can be built in those zones. He can deviate from that and Mayor DeLong agreed that he could deviate from the prospective. However, if the City Plann~rand Planning & Zoning Boe~d object to the deviation, it stops there. If in the event there e~e going to be changes of any degree, it must comae back to the City Council for their decision. MINU~S - REGUt~_M CITY COUNC~ ~ETING BOYNTON BEACH, FLORIDA AUGUST 17, 7976 Mr. Harmening referred to the architectural renderings not telling them auything definite. What goes in there is any- thing allowed in C-1 or C-2. ~!r. Harmening moved to deny this application for rezoning and to uphold the Platting & Zoning Board's recommendation. Mayor DeLong stated there was no decision from the Planning and Zoning Board as it was a'tie vote. M~. Strnad moved to table this ~tter at this time until they receive the proper information he requested on which to base his vote. M~. Zack asked if he was referring to having the Administration check into this ~ud M~. Strnad agreed. M~. Zack then seconded the motion. Mayor DeLong clarified that he moved to table this ~to h~ve the Administration conduct a survey. He asked if there would be another public hearing to he~ the pros smd cons and M~. Reed replied: yes. ~or DeLong prevailed upon the maker and seconder of the motion to withdraw, so they could get this show on the road. ~. Ha_~mening agreed that this could be postponed indefinitely. ?~. Reed added that he was concerned with the emphasis which has been placed on the head count. This is an application for zoning ~nd not a popularity or beauty contest. He would caution the Council from the legal sta~dpoint to view the application on those merits. He thinks the primary thing to be considered is whether the application requests the highest and best use of the p~ticular property and whether it serves a co~.~unity need. They should show interest in the co~ents made, but he is a little concerned about the great interest which has been placed on that. Mayor DeLong replied that he believed the Co~aucil had a right to ~uow what the division is on this particular question. There is no other way to arrive at it without taking a co,ut. They all understand what should predicate their judgement inso- far as ~oting, but the feelings of the peopl'e concerned should be t~d~en into consideration also. They must also weigh the merits of the application. ~yor DeLong asked again if they were going to withdraw the tabling motion due to the fact this will be tied up as it will te~ke qu~te a period of time for the Adm~nistration to conduct a survey and have another public hee~ing. It will only be delayed and he believes they have ~eceived enough information tonight to make up their ~inds. M~. Zack then~w¢ithdr~w his second and ~. Strnad withdrew his motion. ~. Harmenirg made a motion that the application for rezoning to C-~ and C-2 for Tract ', ~, Golfview Harbour, 3rd Section, be denied. ~irs. Jackson seconded the motion. Under discus- sion, ~s. Jack, on referred to this coming up at least once ~ year and the same people have been keot in a const~at tur- moil enad she thinks it is time to dec!dS just what it is going to be. M~. Harmening stated he has long felt that the highest '15- MINU~ES - REGUI~&R CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA AUGUST 17, 1976 and best use for this land is definitely the present zoning R-IAA. It should be residential and he believes they should keep it that way. Mrs. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - ~e Councilwoman Jackson - Aye Councilman Strnad - No Vice Mayo~ Zack - Aye Mayor DeLor~ - Aye, Motion carried 4-1. to vote with the majority At this time, Mayor DeLong declared a five minute recess. He called the meeting back to order at 9:50 P. M. #3 - Abandonment of Right of Way Location: S.W. 13th Street Applicant: O'Brien, Suiter& O'Brien Representing Milnor Corporation M~. Kohl informed the Council that the Planning & Zoning Board at their meeting of August 10 recommended unanimously that the existing cul-de-sac be abandoned and that the pro- posed cul-de-sac be dedicated with a 50 ft. radius. ~ne City Planner advises this abandonment and dedication will not cause any appreciable change to the existing street layout. All legal requirements have been met. M~. Strnad moved to acceot the recomm, endation of the City Planner to approve the a~ndonment of the right-of-way io- cared on S. W. 13th Street as requested. ~. Harmening seconded the motion. Mayor DeLong added that the City At- torney shall be instructed to prepare the appropriate legal instrument and Mr. Reed agreed. ~yor DeLong then asked if anyone present was in favor of this application. Mr. Norman Michael '~ s~.ed his name and his address as 1310 S. ~. 27th Place. He informed the Council that this was a request to relocate a cul-de-sac on 13th Street. Mayer DeLong then asked if anyone was opposed to this appli- cation and received no response. Under discussion of the motion, ~. Harmening asked if the two pieces of ground being swapped were of equal size and ~. Clark informed him the cul-de-sac was a standard ~00 ft. and he believes it is the same size as originally. He ex- plained how the cul-de-sac was planned as ~u easement into the exist~g lots and was being reversed so it would not MI~-~TES - REGU ~LAR CITY COUNCIL MEETING AUGUST t7, 1 776 BOYNTON BEACH, FLORIDA damage these lots. A 100 ft. cul-de-sac is equal to City st~udards. This will provide the same function. Mr. Harmen- lng clarified that he was speaking of the square footage of the land area and Ms. Clark replied they would probably pick up 70 feet. Ms. Reed asked if there had been any agreements prepared on th~s dedication or abandonment and Mr. Clark re- plied that he received a sketch of the proposal and presum- ably the dedication documen~ has been approved, but he does not know i£ it was recorded. ~. Kohl added that he had the agreement. Mss. Padgett then took a roll call vote on the motion as follows: Councilwoman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad Aye Vice Ms~yor Zack Aye ~yor DeLong - Aye Motion carried 5-0. #4 - Consider Repealing Sections 6(A) (5), 6(B) (5), 6(C) (5) and 6 (D) (5) of ~ppendix A Entitled ~Protective Buffer" M~. Kohl informed the Council that at their meeting of August ]0, the Planning & Zoning Board recommended approval of this ordin~uce amendment by a vote of 3-1. The City Planner ad- vises M~. Ryder moved for approval subject to including Sec- tion 8(A)(3). His motion was based uoon the need to ade- quately buffer residential uses ~ud zones from industrial e~d Commercial zones. M~. Lambert voted in the negative, stating this would cause a gross hardship on the developer as well as the City. All legal requirements have been met. Mayor DeLong asked if anyone in the audience wished to spekk in favor and received no response. He then asked if anyone was opposed to this application smd received no response. fees. Jackson moved to accept th~ recommendation of the Plan- ning & Zoning Board to repeal Sections 6(A)(5), 6(B)(5), 6 ~ ~)(5), 6(D)(5), and 8(A)(3) of ~ppendix A, Zoning Regula- tions, of the Codified Ordinances. M~. Zack seconded the motion. Under discussion, ~. Reed suggested including in the repeal of Section 8(A)(3) to amend Section 4 to add a new Paragraph L. Mrs. Jackson agreed. Mrs. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jac~on - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, ~LORtDA AUGUST 17, 1976 #5 Cons_der Amending Section 6(C)(1 )(k) of Append~_x A - RE: Residential Uses in a C-3 Zone ~. Eohi informed the Council that at the August 10~h Plan- ning & Zoning Board meeting, members recommended the City Council approve this ord±n~uce by a unanimous vote. This zoning ordinance amendment is to provide parameters for resi- dential uses in the C-3 zone. The City Pls~ner advised the motion to approve was made by ME. Lambert based on the need to ~rovide adequate parameters concerning - ~ ~' a C-3 zone. The C~t - y Attorney has prepared the amendment to this ordinance for consideration, under Legal, Ordina~nces, ~st Raad±ng (No. 76-39). M~. Zack questioned what was being repealed and ~k~. Reed clarified that Section 6(C)(1)(k) of Appendix A ~e the zoning regulations which relate to permissive uses. At t~e present time, this particular section p~mi~ss multi- family residential as a permissive use in the C-3 zone uoon recommendation of the Planning & Zoning Board and approval of the City Council. A law suit resulted and the result was the court ruled the pa-~anthetical clause was invalid because it did not set forth sufficient guidelines for the Planning ~d Zoning Board and City Council to follow. However, the court went on ~md ruled the plaintiff could not use C-3 property at all for multi-family. This is a proposal to tie the basis on what multi-family can be used in the C-3 zone and is proposed in 0rdins~ce 76-39. Mayor DeLong asked if ~one in the audience was in favor of this and received no response. He then asked if anyone objected and received no response. M~. Harmen~ug moved to amend Section 6(C)(1 )(k) of Appendix A, Zoning Regulations of the Codified Ordinances, regarding residential mses in a C-3 zone. M~. Zack seconded the motion. Under discussion, M~. Strnad asked if the density restrictions would apply in residential in C-3 as it is in the residential area ~ud M~. Reed replied this was exactly the effect of the ordinance. The residential building e~_d site regulations ap- ~!ying to R-3 are super~posea on C-3. ~ - ~s. Padgett took a roll call on the motion as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. Mayor DeLong s~nounced a motion was in order to revert back to the regular order of business. ~. Harmening so moved, seconded~o~v Mrs. Jac~son.~ Motion carried 3-0.~ MINUTES - REGUL/uR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA AUGUST t7, 1976 PUBLIC AUDIENCE (Continued) Col. Walter Trauger stated his name and his address as 702 S. W. 28th Avenue. He informed the Council ~h~he and his neSghbors were concerned to read in the '~News Journal,~ a letter of censnreregarding ~s. Padgett. She has been a mainstay in this City e~d serves with the highest regard. He has served on the Planning & Zoning Bos_~d and her ser- vices to the Board have been utterly phenomenal. He feels the letter of cens~regiven to her by the Gity M~nager was not issued without some pressure. He is petitioning the City Coo~cil to instruct the Oity Manager to have that letter withdrawn and is &mploying Mr. Vastine to use his power to have that letter withdrawm. M~yor DeLong a~ed if the Council desired to take any action ~ud received no response. LEG~a~ .O. rR~.nances - 2nd Readin~ - Public Hearing Proposed Ordinance No. 76-25 - Re: Approving Plat of L~/~e Worth Mariner Village M~. Reed read proposed Ordinance No. 76-25 on second reading y c~ptmon only. Mayor DeLong asked if ~uyone desired to speak in favor of this ordin~mce and received no response. He then asked if anyone wished to speak in opposition and received no response. M~. Zack moved the adoption of proposed Ordin~uce No. 76-25, seconded by M~s. Jackson. No discussion. M~s. Padgett took a roll call vote as follows: Motion Councilman Harmening - Aye Councilwoman Jackson - Aye Council~n Strnad - Aye Vice M~yor Zack - Aye Mayor DeLong Aye carried 5-0. Proposed Ordinance No. 76-27 - RE: Establishing Procedure for Abandonmen~ of Streets Uniform ~. Reed read proposed Ordinance No. 76-27 on second reading by caption only. Mayor DeLong asked if anyone desired to sneal~ in favor of rmmn~auce No. 76-27 and received no resnonse. He then asked if anyone desired to spea/~ in oppositio~ and received no re- sponse. -19- MINUTES - REGULAR CiTYCCOUNCIL ~'~ETING BOYNTON BEACH, FLOR_fDA AUGUST 17, t976 Mrs. Jackson moved the ~aopt!on of proposed Ordinance No. 76-27 on second and final reading, seconded by Mr. Zack. No discussion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - ~je Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 76-28 - RE: To Change the Office of .City Planner from Unclassified to Classified Position ~. Reed read proposed Oral._ance No 76-28 on second reading by caption only. ~,~yor DeLong asked if anyone present wished to speak in favor and received no response. He then asked if anyone wished to speak in opposition ~ recemved no response. M~. Zack moved the adoption of oroposed Ordinance No. 76-28 on second reading, seconded by ~. Harmening. No discussion. Mrs. Padgett took a roll call vote as follows: Councilman Harmening - ~¥e Councilwoman Jackson - Aye Councilman Strnad ~e Vice Mayor Zack Aye Mayor DeLong - Aye Motion carried 3-0. Proposed Ordinance ~o. 76-29- RE: To Chenage Ofz_ce~ of City Engineer from Unclassified to Class~_.t~ed Position M~. Reed r~ad posposed Ordinance No. 76-29 on second reading by caption only. Mayor DeLong asked if anyone present wished to soeak in favor of this ordinance and received no response. He ~hen asked if anyone wished to spe~ in opposition and received no response. ~. Harmening moved the adoption of Ordinance No. 76-29 on s~cond and final reading, seconded by F~. Zack. No discus- sion. i¢~s. F~dgett took a roll call vote as follows: Councilmau Harmening - ~&ye Councilwoman Jackson - Aye Councilman Strnad - ~ye Vice Mayor Zack Aye Mayor DeLong - Aye Motion carried 5-0. -20- MINUTES - REGULAR CITY COUNCIL .W~ETING '~'~ FLORIDA BOYNTON B~iaCH, AUGUST 17, t976 Prooosed Ordinance No. 76-30 - RE: To ~£ohibit the Leaving of Bu~idi~ Materials on Project Sites for Longer than 3 Months ~. Reed read proposed 0rdinam-ce No. 76-30 on second reading by caption only. Mayor DeLong asked if anyone present wished to speak in favor of this ordinance scud received no resoonse. He then asked ~ anyone desired to speak in opposition-and received no response. M~. Harmening moved the adoption of Ordinance No. 76-30 on second scud final reading, seconded by Mrs. Jackson. Under discussion, ~, Strnad referred to the three month period possibly being too long a time smd stated he would like to know' the feelings of the Building Official. M~or DeLong replied that six months was given now, but they are cutting it down to three months. Mm. Howell informed him that this would only apply where they move in and do not sta_~t con- struction. Tine cles~-up bond would apply to cleaning up. There was further discussion and M~. Howell stated that what- ever the Council desired, he would enforce it. M~. Strnad referred again to three month~a~ seeming like too long a time and Mayor DeLong expla~ed how they must hs3~e ~lexibility. M~. Harmening agreed. ~Ms. Jackson added that if they change it, it would go back for first reading, M~. Strnad replied that a couple months more would not mai~e much difference. ~k~s. Padgett then took a roll call vot~ on the motion as follows: Councitm~a Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad Aye Vice M~yor Zack - Aye Mayor DeLong - kye Motion carried 5-0. Prooosed Ordinance No. 76-31 _.E. Pertaining to the Method. ~fBilling for Sewer Service Charges ~. Reed read proposed Ordinance No. 76-31 on second reading by caption only. Mayor DeLo~ asked if ~uyone present wished to speak in favor of this ordinsmce and received no response. He then asked if anyone desired to speak in opposition smd receive'd no response. ~,~s. Jackson=ove~ ~ the adoption of Ordinance. No. 76-31 on second and final reading, seconded by ~¢k~. Zack. No discus- sion. Mrs. Padgett took a roll call vote as follows: -21- MINUTES - REGULAR CITY BOYNTON BEACH, FLORIDA COUNCIL ~ET ING AUGUST 17, 1976 Councilman Harmening - Aye Councilwoman Jack~on - Aye Councilman Strnad - ~e Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0, Ordinances - ~st Reading Mr. Reed asked if it was the pleaso~e of the Council to read these two ordinances in their entirety or by caption only, Mr. Strnad moved to read by caption only, seconded by Mr. Zack. NO discussion. Motion carried 5-0. Proposed Ordinance No. 76-38 - RE: Approving Plat of Portion of Gulfstream Estates Plat No. 2 M_~. Reed read proposed Ordinance No. 76-38 on first reading by caption only. ~. Zack moved the adoption of proposed Ordinance No. 76-38, seconded by ~rs. Jackson. No discussion. ¥~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - ~ye M~yor DeLong - Aye Motion carried 5-0. ~roposed Ordinance No. 76-39 - RE: Amending Section 6(C)(1)(k) of Appendix A to Establish Building & Site Regulations Located in C-3 Community Commercial District M~. Ree~ informed the Council that his letter regarding the law suit which generated the preparation of this ordinance is attached to the ordinance. In addition, he believes all the memhmrs received a copy of his letter to the City ~.~na- get dated August 16 advising of an amendment to the Florida Statutes modifying the procedure in reference to amending ordinances. He believes this would apply to this particular ordinance because it does involve the land.use p%andbecause they are changing the basis where multi-family will be per- ~tted in the C-3 zone. The effect of this amendment will affect all C-3 zones in the City. Since the C-3 zones con- stitute at least 5% of the la_ud area of the City or more, he believes it would be under the requirements on the second page of his letter where the Council is reouired to hold two MiNLW~ES - REGULAR CITY COUNCIL I.~ETING BOYNTON BEACH, FLORIDA AUGUST t7, 1976 oublic hearings. Ms. Kohl added that this was received this ~fternoon and he gave copies to the members tonight. Mrs. Jackson asked if it would make any difference to table this, so they would have a chance to look at this and Ms. Reed re- plied he thought it would be well to look at this. Mayor DeLong referred to stating on many occasions that they do not want to be bogged down with last minute information without having a chance to review it. Mr. Reed replied that this was his fault and he should not h~¢e put the ordin~uce on the agenda. Mss. Jackson moved to table proposed Ordinance No. 76-39 for further study, seconded by Mr, Strnad. Motion carried 5-0. ~. Harmening stated that he never received a copy of the summary judgement in the Webco case and ~s. Jackson added that she didn't either. M~. Harmening continued that he was a little surprised as this is the first time he did not receive a copy. M~. Strnad stated that he received it. Harmening continued that not only did he not receive it, but this is a case where the time has already run out and there is no possibility for rehearing or appeal if they desired. He doesn't know if they would be interested in this, but thinks the Council should have been given this opportunity for consideration. He believes someone slipped up. Kohl replied-that he would check it out. I~k~s. Jackson stated she thought they should receive information so they k~uow what is going on. M~. Reed stated he would be happy to explain anything about the order gr~ating the summary judgement. Rarmening stated he thought the Council should receive the findings of the court in plenty of tim~ to decide whether they like it, want to appeal, etc. Mr. Kohl infermed him that he would check this out and send a notice in the morn- ing. He added that they h~ve always received copies of these, ~h~. Harmening continued that he alws~s reads the~ cover to cover. He also reads some of the references contained if available. Regardless of whether they received it or not, he thinks it should have been brought to the Council in time to m~d~e a study of it. He thinks someone has missed the boat. ~. Strnad replied that he thought these cases were very rare indeed ~nd is sure they c~eu overlook this inasmuch as they have gotten a terrific job from the City Attorney. Harmening replied that it was not his ~ob to furnish them with all the copies. He does not make up the agenda. Ifohl requested that he wait for the verdict tomorrow. Resolutions Proposed Resolution No. 76-SS - RE: Appointing Interim h~nicipal Judge · -23 - MINUTES - REGULAR CITY COUNCIL ~ETiNG AUGUST 17, 1976 BOYNTON BEACH, FLORIDA ~. Reed read proposed Resolution No. 76-SS. I,~. Harmening moved the adoption of Resolution No. 76-SS, seconded by Mr. Zack. Under discussion, ~s. Jack, on asked if they were paying three judges now or if Judge Wessel! would be paid from Judge Schwartz's funds and I~. Kohl re- plied tha% after this month, he would tell the axact situa- tion they are in. This past month, they have been in a quandary with one judge sick and one on ~acation. ~irs. Jackson askedif he would have to resign since he is runnihg for office mad M~. Harmening replied: no. l~yor DeLong added that Judge Schwartz was working part time and bk. Kohl agreed. He stated again that after the month of August, he would bring back to Council the situation. M~. Harmening asked how long Judge Schwartz had been incapacitated and Mr. Kohl re- plied approximately two months, but he is working one day a week now t~?~ing chs~ge of arraignments in the Police Depart- ment. M~s. Padgett then took a roll call vote on the motion as follows: Councilman Harmening - Aye Councilwoman Jackson - _&ye Councilman Strnad Aye Vice ~yor Zack Aye Mayor DeLong Aye Motion carried 5-0. Proposed Resolution No. merit Revenue Bonds 76-TT - RE: $865,000 Capital improve- i~. Reed r~quested to read Resolution No. 76-TT by caption only, Mayor DeLong entertained a motion that Resolution ?6-TT be read by caption only. Mm. Strnad so moved, seconded by M~. Zack. Motion c~mried 4-t with Mms. Jackson voting against. Mm. Reed read proposed Resolution No. 76-TT by caption only. Mms. ~dgett informed the Council that Mr. Vastine had re- quested to spee_k. ~. R. B. Vastine stated his name and his address as 132 Leisureville Boulevard. He stated this was a very significant.move they were going to make this evening. He referred to when the proposal was first presented and }~s. Jackson asked to have it go to referendum. He has done some di~ging and at the meetir~ in October, 1971, ~s. Jackson moved that ~i~al plans for the Police Department be accepted. He then read the motion regarding the bond figure established from the minutes of July 6, 197]. The point that he is try- in~ to bring out is that he cannot underst~ad Mrs. Jack~on's inconsistency. This is no different than in ~971. He feels this is good for the City to have this second floor complex. It is basically essential. It will not cost the taxpayers one cent in ad valorum taxes. -24- MINUTES - REGULAR CITY COUNCIL -~ETING BOYNTON BEACH ~ ~ LOR_DA ~UGUST 17, 1976 ~s. Jack~on replied that the old police station had been condemned and they had no choice. As far as the second story, it was for the court room and they will not have a mumicipal court after this year. She is being very consistent. ~. Vastine continued that it was obvious that the City is growing and will continue to do so. Here is an opportunity to move progressively forward and do something with that building. He hopes the Council votes for this project, as it will not ~ost the ts~payers one red cent. ~'~. Zack moved the adoption of proposed Resolution No. 76-TT, seconded by M~. Strnad. Under discussion, ~. He~mening stated he Just wanted to tsi~e a small exception to one thing made by the last speaker - any time yo~ borrow money on a bond issue, the t~pe~ers don't have to pay for it out of the advalorum taxes. This would appear on the surface to be true, but he does not agree that this is how the process actually works. When a bond issue is proposed, they must find some source of revenue. If the cigarette ta~es are pledged to pay the bond issue, that is where they go. if there is no bond issue, then these taxes could go into the general fund. In many cases, it will reduce the ad valorum taxes or at least keep them from going up. He certainly cannot agree that when a certain type of revenue is pledged, it doesn't cost anything in ad valorum taxes. Also, when selling bonds, the interest must be paid and this cost is almost twice for what you are buyir~g. He does realize in some cases this isnnecessary. However, he doesn,t fee! it is necesse~y at this time for improvement or construction and he deesn't feel he can support a bond issue of this nature. Mayor DeLong replied that he didn't believe Mr. Vastine was ~luding to the fact that they didn't pay ad valorum taxes, but that there wasn't a necessity for a refer- ~endum~ ~ and M~. Vastine agreed. ~yor DeLong questioned what ~mfzerence there was using the cigarette tax revenue for the police station or ta~uing it from ad valorum. Zf they take it from ad valorum, they must have a referendum. P~s. Jackson stated she didn't believe the people had been told the truth at all. She questioned the interest mai~ing the total loan over one million doiis~s. Mayor DeLong re- ferred to the interest for the revenue certificate fortthe water and sewer. ~Irs. Jackson continued that she would l~ke to see the feasibility study made and Mr. Kohl informed her there was no feasibility study, but pl~_s~u were made regardir~ the need for a police station. ~s. Jackson stated she would like to know when the last appraisal was made on this piece of ~op~rt~ ~ud ~ Mohl replied that it was ~ppro×~mave~y 1 to 1½ years ago. -25- MINUTES - REGULf~R CITY COU~CIL M~ETING AUGUST 17, 1976 BOYNTON BEACH, FLORIDA ~. Zack referred to the letter from ~. Arnoid~ider.in regards to deleting Section 2 and Section 15-H. F~. Reed reolied that he think~ he was referring to Section 7. Sec- ti~n 2 is necessary. Section 7 was merely amended. Mayor DeLong called on the representative from the fiscal agent and he informed them that Section tl is the one which could be deleted. ~ney feel this is not needed. ~. Harmening agreed. ~. Zack questioned Section 15-H regarding the State auditor being involved and M~. Reed informed him that Pages 7 and 16 araend Section 1'5-H to deleter the reference to the State Auditor General and Section 11 is amended to permit the facsimile signature of the City Atto~ey to be affixed to the bonds, M~s. Jackson askeC how many times this had to be validated and Mr. Reed informed her the order to 'show cause will be published for thirty 6ays prior. ~s. Padgett then took a roll call vote follows: Councilman Harmening - No Councilwoman Jackson - No Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye on the motion as Motion carried 3-2. Other Legal Opinion - Mayor Joe DeLong Mayor DeLong ~unounced there wouldn't be a legal opinion, but a request_ that a motion be made instructing the City Attorney to put some t~eth into the City Manager form of government in this City. In Section 49 of the City Charter, the City Council has the right to set the government by ordi- nance. The people who drafted the ordin~ce are responsible for the adoption an~ he thinks they were weak. They w~auted the City Manager form of government, but did not delegate authority as we do not have a City Manager form of govern- ment. M~or DeLong recon~ended a motion be -~ade vo instruct the City Manager and City Attorney to review the provisions for the office of the City Manager as set up in the City Charter of Boca Raton in comparison to the Boynton Beach City Char- ter and including the p~am~¢y clause for violation. Mr. Strnad so moved, seconded by ~. Zack. Under discussion, ~. Harmening stated he was not familiar with the charter of Boca Paton or their ordine~ces pertaining to any charter revisions. This proposal seems rather nebulous. Until he has additional information, he would be inclined ~o vote no. Mayor DeLong replied that as soon as the City Attorney com- pleted his mission, he would see a copy of that particular -26- MINUTES - REGULAR CITY COUNCIL }~ETING BOYNTON BEACH, FLORIDA AUGUST t7, 1976 ordinamce and will have time to study it. ~. Harmeni~ re- plied that he wmated to know what it is in detail. ~@. Zack added that the responsibilities of the City Manager were very vague in the present City charter. }~s. Jackson stated that she hated to vote on something unles~she k~uows what she is voting for. Mayor DeLong replied that she wasn't going to vote for it anyhow, but would have an opportunity to study the copy after it is drafted by the City Attorney. M~s. Padgett then took a roll call vote on the motion as follows: Councilm~u Harmening - No Councilwoman Jackson - No Councilm~u Strnad ~ve Vice Mayor Zack - Mayor DeLong Motion carried i~yor DeLong requested the City A~torn~y to proceed and added that if he had any questions, he would be available. OLD BUS ~E~So Consider Request of ~. David D. Cen~o_a, Attorney - P~: Village Royale Condominium Association ~. Kohl read the attached letter dated July 29, 1976, from Attorney David D. Centola. Mayor DeLong pointed out that it referred to the job being stopped, but no mention was made that they did not have a permit. ~. Eohl agreed and added that it would be in court. Hr. Kohl advised that he did check this with the Building Official ~ud PVC is good. The Building Department was going to recommend this ~ud it has been sent to the City Attorney. He just has not gotten to it. Mayor DeLong clarified that he wanted &omotion to le~ them proceed and M~. Eohl replied: yes, because they are going to ch~uge it. M~s. Jackson asked if the trenches were still open an~ ~. Howell replied that he told them to board them up. Mayor DeLong announced a motion was in order giving them authority to proceed providing they acquir~ a permit and the City Attorney to be instructed to prepare the appropriate amendment to the building code to permit the use of ~JC. }~. Zack so moved, Seconded by ~. Strnad. Under discussion, ~. Strnad stated he thought this was a Ereat steo forward in the City and explained. Motion carried 5-0. ADM!NISTRATll~E -27- MI~S - REGULAR CiTY COUNCIL _~ETING BOYNTON BEACH, F=ORI~A AUGuo_ 17, 1976 Request of ~. SCRWTD Board - Anthony Canon, Chief Executive Officer, RE:. Funds ~or Fiscal Year ~. Kohl read the attached letter dated August 4, Ij76, from ~. Canon. ~. Harmening moved to grant the request of M~. Anthony J. Canon, SC~TD Board regarding funds for the next fiscal year in the amount of $30,000. M~. Strnad seconded the motion. No discussion. Motion carried 5-0. uthor_,zatmon Requested to Execute Disaster Shelter Agreements Between the City and The American Re__~. Cross M~. Kohl requested authority to execute the agreements between the Cm~y and T~e American Red Cross for ~nelvers. ~. Harmening moved to authorize the City Manager to execute the agreements between the City and the American Red Cross for shelters. M~s. Jackson seconded the motion. Under discussion, Mr. Zack asked if they were prepared a~ud ~yor DeLong replied that ~ney were m~fmnm~ely, long ago. ~. Zack stated that he saw no mn~ormatmo~ published for the public suud Mayor DeLong suggested that he inquire of the Fire Chief and added that he .thought it was time they got information around since they ~e mn the hurricane season. Motion carried 5-0. Receipt of Correspondence - Super X Drug Store - RE: Trash Collection Mr. Kohl read the attached letter from Super X Drug Stores dated August ~, 1976. He~ ada~c~ ~ that this was not rather peculia_~and read Section 13-34 (Ordinance 70-22 dated 9/~4/70) am~d Section (~.~eW added that they are going to have to realize saad come to ~ determination s_ud either give this to everyone or cut it out and stay on one trash program. Mayor DeLong requested a reco_~nuendatlon and added that he thought it was about time to have these people comply with the City ordinemce. M~. Kohl replied that he would be glad to make ~b~ ~m comply. ~s. Jackson asked if this was dry trash and ~. Kohl replied: yes. ~irs. Jackson moved to accept the City Manager,s recommendation to stick to the ordina~uce and in the fut'~re, ~ ~ ~v tn~s ~ pe of request will be denied. Mr. Zack seconded the m~-on.~ ' No d~scussmon. Motion carried 5-0. Consider Recommendation of Planning & Zoning Board - ~: Bowling Center for Sands Point Homes~ Inc. (Tabled) ~'~. Harmening made a motion to r~move this from the table, seconded by ~. Zack. Motion ca_~r_=d~ p-~,.~ ~ -28- MINU~S - REGUlaR CITY COUNC~ BOYNTON BEACH, FLORIDA .~.~TING AUGUST 17, 1976 M~. Kohl referred to the meeting of August 3rd when the City Council asked that this ~tter be tabled ~atil the proper orocedures were followed. On file is the request presented at the last meeting from ~. ~aillip T. Crenshaw and his re- sponse to him mt that time. The Plannir~ & Zoning Board unanimously recon~ended approval of this plsn~ subject to Technical Review Board recommendations and to the changing of the court order to allow a bowling alley. The City Plan- ner advised the motion to approve was by M~. Lambert after discussions concerning location, parking, streets 8_ud the court order. This is being presented to the City Cou~.cil for consideration according to Section 31-2, Paragr~oh (m). Mayor DeLong stated that it appeared to the Chair that in accepting this recommendation of the Plar~r~ing & Zoning Board, the motion should also include instructing the City Attorney to prepare the necessary amendments to the restricted cove- naars and ~m. Reed agreed. Mms. Jack~on asked if Delray Dames was involved in this ~d ~. Reed replied: no, they were just given the option to buy the golf course. He added that they all executed gsneral releases in the law suit and he will check the releases. He understands that all the individual parties had signed the general release. M~. Harmening moved to accept the recommendation of the Planning & Zoning Board and direct the City Attorney to enter into an agreement to modify the court order. Mrs. Jackson seconded the mot.ion. ~,~yor DeLong clarified that it had been moved smd seconded to accept the recommendation of the Planning & Zoning Board relative to the bowling center for Sands Point Homes a~d instruct the City Attorney to pre- pare the necessary amendments to the restricted covenants in the deed. P~. Reed pointed out that the recommendation was subject to approval by the Tec_hnical Review Board. No dis- cussion. Motion carried 5-0. Consider Recommendation of Pi~uning & Zoning Boa. m RE: Development Plems for Florida Pneumatic Mm. Kohl informed the Council that the City Planner advised that the Plemning & Zoning Boe~d at their August loth meet- ing recommended unanimously to approve the pla_us subject to the Technical ~eview Board recommendations ~ud the approval of the various other Boards. This is being presented to the City Council for consideration according to Section 31-2, Paragraph (m). M~. Strnad moved to consider the recommendation of the Plan- ning & Zoning Board e~d accept the plans for Florida ~neumatic. He added that this was a clean operation. ~h~s. Jackson seconded the motion. No discussion. Motion carried 5-0. -29- MI~JTES - P~GULAR CITY BOYNTON BEACH, FLORIDA COUNCIL ~ET!NG AUGUST t7, 1976 Consider Amendment to Zoning Ordinance - RE: To Allow Custom Cabinet and Furniture Construction on Premises Not Exceeding 6~000 Square Feet . Mr. Kohl informed the Council that the City Pi~_uner advised that the Planning & Zoning Board at their meeting of August loth, unanimously recommended the zoning ordinance be amended to allow custom cabinet and furniture- $onstruction on ?- premises not exceeding 6,000 sq. ft. in sized with all con- struction to be performed within the building, ~d the pro- posal be forwarded to the City Council for further action. The motion to approve was made by M~. La~3oert after discus- sion concerning size and location of potential opsrations. If Council approves this amendment, he respectfully recom- mends that the City Attorney be directed to prepare the ap- propriate ordinance. ~h~. Zack referred to reading the minutes of the Planning & Zoning Boa~d meeting and stated there was quite a discussion regarding the manufacturing of furniture. 'M~yor DeLong replied that this was not manufacturing like on a large scale and they have put it on a square footage basis to eliminate large ~nufacturing. Mm. Kohl added that custom cabinet and furnit~&re was different th~u manufacturing. M~s. Jackson moved to accept the recommendation ~ the Pi~u- ning & Zoning Board and make an amendment to the zoning ordi- nance to allow custom cabinet and furniture construction on premises not exceeding 6,000 sq. feetiin size. ~. Zack seconded the motion. Under discussion, Mr. Xetly appeared before the Co~aci! andiinformed them that normally this type of work on a larger scale would have to be in the M-1 zone and ~yor DeLong clarified that i~ would be a permissive use in C-4. Motion carried 5-0. ~k~. Reed referred to the mo~ion just passed directing him to prepare an ordinance and Mayor DeLong informed him it wou~d be an amendment to C-4 making this a permissive use. Reed asked if they w~ted to include the additional clause with the premises not exceeding 6,000 sq. feet and M~. Eelly agreed. M~. Harmening clarified that they were talking about the smze of the building and Mayor DeLong added that the floor area is 6,000 sq. feet. He referred to the Planning & Zoning Board first trying to reconcile this with the number of em- ployees, but this was better. M~. Strnad questioned why 6,000 sq. feet =ha not 3,000 ss. ft. and ?~t~. Harmening re- ferred to detailed discussion ~6eing in the minutes. MINUTES - REGULAR CiTY COUNCIL MEETING B0-fNTON BEACH, FLORIDA AUGUST 17, Consider Zoning Approvals on Beverage Licenses: 1. Gulfstream Liquors, ~671S. Federal Highway (Gulfstream Shopping Center) 2. Ranch Hous~ of America~ 240 N. Congress.Ave. ~. Kohl read these applications andamv=sem~ ~ ' that the loca- tions do comply. Pks. Jackson moved to grant Gulfstream Liquors and Ranch House of Americ~ licenses. ~. Harm, riling seconded the motion. No discussion. Motion carried 5-0. Consider Zoning Approval on Beverage License for The Cavalier Club~ 414 N. W. lOth Avenue (Club License) M~. Kohl requested that this be tabled as he would like the City Attorney to revmew it. He added that there are some repercussions as they do have a beer and wine license now. He wants to make sure they do it right. ~. Harmening moved to table this request,, seconded by Y~s. Jackson. Motion carried 5-0. ~pproval of Bills Mr. Kohl read the following bills for approval: IBM Corporation $ 2,786.00 Computer rental - month of Pay from 00t-890.38 Bid accepted 9/30/75 ~ugust · =ercuies Tank & iron Works & 3,963.51 Products for Industry~ Inc. Pay per bid approved Council 2/3/76 Pay from 030-830.55 Peabody Peterson Est.~#20' Final estimate ~astewa~er Treatment Facilities upgrading & expansion P~y from Utility General Fund Driver for Senior Citizens Club - 2 weeks ?ay from Federal Revenue Sharing Fund 020-880 0rdin~uce #73-15, passed 5/15/73 Cynthia Lewis Server for Senior Citizens Club - 2 weeks Pay from Federal Revenue Shewing Fund 020-880 Ordinance #73-15, passed 5/15/73 51,690.7~ 90.00 96 · O0 -31- MINU~S ~EGU~_M CITY CO~J~ .~ETING BOYNTON BEACH, FLORIDA AUGUST 17, 1976 Allied Chlorine & Ch.~mical Products Chlorine ny from budgeted funds 030-811.63 2,760.00 Russell & Axon 6858-15-III & C?~ Engineering services in connection with consulting services for Water Facilities Expansion - Water Treatment Pleat Pay from Utility General Fumd 030-205 Authorization dated 5/8/74 2,014.20 8. Russell & A~on 6858-7-CP Inv. #24 1,680.92 New Hell Fields, location & testing Pay from Atlantic National Bs_uk - Series 1975B 9. Csrpen~r~ .~ay & ~remer 3,556.00 Professional s&rvices rendered Pay as follows: Series 1975B 030-205 $ 550.88 030-215 $ 701.12 Generel Fund 00t-299 $ 1740.00 W & S Rev. Fund 030-299 $ 564.00 10. Palm Beach ~ior College 80.00 Career Devel$~ment Refm~sher - 2 Officers Career Development Supervision - 1 Officer Pay from Police Education Fu_ud O01-507 Ordinance ~74-38, Section 2-~0, l(b) ~. Kohl noted the bills described have been approved and veri- fied by the department heads involved; checked and approved for payment by the Finance Director; funds ~e available in their respective budgets and he recommends payment of these bills. M~. Reed re~r_e~ to No. 3 from Peabo~ Peterson and stated that Peabody Peterson is a general contractor. One of their sub-contractors is Tisdale, whom they e~e involved in a law suit with and the hearing is set this Friday morning. He would recommend that they p~y that bill with the exception of $10,000 until after the hearing. Mmyor DeLong announced a motion was in oorder to p~y the bills, except Peabody Peterson in the amount of $51,690.71, which the City Attorney ha~ recommended be paid in the amount of $41,690.71. ~s. Jackson so moved, seconded by M~. Harmening. No discussion. Motion ce~ried 5-0. AD~ OURN~T ~. Harmening moved vo adjourn, eeconded by ~rs. Jackson. Motion carried 5-0 ~ud the .meeting was properly adjourned at 1 1 :~5 P. M. -32- August 9, 1976 City of Bs~ton Beach Office of City Manager 12C N°Eo 2nd Avenue Bo~mton Bsach~ F!. 33435 Cent iemen: 3uoerX bas t'-:o stores in Bo}~ton Begch. SuoerX Dr~gs, FL-36~ 552 S.E. !Sth ~v=nu~ Z-~=~X Drugs, FL-92~ 250 N. Congress Ave~ne. We ha-~e installed - · ........ crash c.~m~c~o~s i~ both st~res ~r economic reasons, based on a quote us your office on installation of a 2 c~Dic foot conbaine~ eibh } %,sek!y ~ .... ~ a ~= of ~36~00 ~er month Your o~i~c~ aa~sem our store FL-36 .... bhe.chmnge over in sera. ce would have bo be approved by the City Council, ~nd that if o-o_~ Bistricb Office would ree~est this in ~=~'~ - ~ns, you would bring this before them. Tb!s seems rather peculiar, however o!ease consider this a request to do so at your ear.est conve~ence. Joseph H. Giltner District M~nager CC: Jobm Boss, ~_rector System~ & Proceedures MINUTES - RE~UL~.R ~ITz BOYNTON BEACH~ FLORIDA COUNCIL M~ETING AUGUST t7~ 1976 CITY OF BOYNTON BEACH, FLORIDA ATTEST: Member Clerk Recbrming Secretary (Four Tapes) -33 - DA VID D. CENTOLA July 29, 1976 Honorable Joseph Detong and Me.ers of the City Council City of Boyn%on Beach Boynton Beach, Florida Re: village 33435 Royale Condomini~mm Association Dear Mayor De!ong: The Village Royale Condominium Association has requested ~hat t communicate with you in reference to a problem which developed in said condommnium development in reference to replacement to existing galvanized pipe. The Association entered into an agreement with a licensed contractor, to replace the existing galvanized pipe with PVC pipe. The Contractor was under the impression that since PVC piping is:approved by the Southern Building Code and by thirty~three (33) counties of Florida, it was approved by the City of Boynton Beach. After work commenced the worked was stopped by the building department for the City of Boynton Beach. There now exists open trenches on the project which presents a dangerous condition for the residents. The difference mn contract price between PVC pipe and copper pipe is $370.00 per building or $7770.00 for the twenty-one (21) buildings in the agreement. In checking with the various departments it was determined that the building department is intendin~ to prepare and present for approval a resolution authoriz- ing the use of PVC in situations covered by the present situation. C ~Onora~ble Joseph Delong and Members of the City Counci 1 - 2- July 29, 1976 It is thus requested that (1) due to the Wide acceptance Of PVC piping; (2) the intended recommen~a_ tion in the near future by the building department that PVC be authorized; and [3) that magnitude of difference in the cost, that the City Council perm/t ~-he use of PVC in this project at Village Royale Condominium. It is. respectfully Open trenches which Dres~- req.mested that due ~ ~ . ~ mae City CounCil COnsider this reques~ as an emergency measure at unemr next meeting. matter. Thank you for your cooperation in this DDC:jc Very truly yOUrs, DAVID D. CENTOLA BOARD IX. A. SOUTH CENTRAL REGIONAL WASTF:WATSR TREATMENT AND DISPOSAL BOARD ANTHONY J. CANON, P. E. August 4, 1976 TO: J. Eldon Mariott, City Manager, Delray Beach, Fla. Fr~rik Kohl, City Manager, Boynton Beach, Fla. Re: Assessment for SCRWTD Board Admin-. Exp~ FY 76/77. Dear Sir's: sment payable to the South Central and Disposal Board. Thank you. Please be advised that the SCRWTD Board at fihelr July 8, 1976 .... e~lng voted to ~lve. ~i~es of Delray Beach and Boynfion Beach for assessmenfis of'$25~ooo for administrative expanses and $5~000 for minor construction related expenses for the Fiscal Year begining Oct. 1 (FY ~6/77) from each city. Please take fihe necassary action: to make the $30,000 asses- R~ional Wastewater Treatment ce~-~ SC-~TD Board ~Very truly yours, '~thony~J. Canon iF' ~'°' sc~w~D~_