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Minutes 07-15-75MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD AT CITY HALL, TUESDAY, ~LY 15, 1975. PRESENT David Roberts, Mayor Joe DeLong, Vice Mayor Edward F. Harmening, Councilman Norman Strnad, Councilman Emily M. Jackson, Councilwoman Fra~nk Kohl, Cit~ Manager Ernest Simg~; ~ity Attorney Tereesa Padgett, City Clerk Mayor Roberts Called the meeting to order at 7:30 P.M, Item 2 under Announcements was moved up to be Item I to allow for continuity in the order of business. The Mayor asked all to rise for the invocation, given by Rev. Douglas Smith of the First United Presbyterian Church, followed by the Pledge of Allegiance to the Flag, led by Mr. James O'Meara, Chairman of the Bicentennial Committee and assisted by a Color Guard. Announcements Ceremonial Program Designating the City of Boynton Beach as an Official Bic,entennial Community Mr, John Adams led this evening's program and introduced the Vice Chairman of the Bicentennial Committee, Kathy Haughn, who read several letters of commendation received by the City in observance of its Bicentennial efforts. She then introduced Mrs. Emi~ly Jackson, who is Vice Chairman of the Palm Beach County Bicentennial Commission. Mrs, Jackson noted that Boynton Beach was one of the first cities to get started in Bicentennial activities, add,Lug that Boynton Beach Bicentennial Park was the first Bicentennial Park in the State of Florida. Mrs. Jackson presented Mayor Roberts with an official National Bicentennial ~lag, .mak~yg ,Bg?~ ton Beach an offmczal Bzcentennmal Community. ~ome pho~g~h~ ~ we.re then taken 9f the Mayor and members of the Bicen%ernaial Commmttee, along with the C~lor Guard and Mayor Roberts presented the Flag to Mr. 0'Neara, Chairman of the Bi- centennial Committee. Mr, O~Meara '~h&nked everyone for their efforts in this celebration and honor. Mr. Adams recognized members of the Bicentennial Committee who were present and asked t~em to stud. He particularly introduced one of the oldest living residents of the City, Mrs, Chadwell. Mr. Adams made special note of Commander Karl Washington of the American Legion Post 288, who appeared with the Color Guard. He then introduced Rebecca Merk~l, a member of the DAR and also of the Bicentennial Committee, who gave benediction. Presentation of Service Awards to Oity Employees Mayor Roberts presented a Service Pin and $25,00 Bond to Mr. Arthur Black of the Se~age Collection Division for 20 years of service. He also presented a Service Pin to Mr. 0be Butler of the Streets Division for his 15 years of service to the City. MINUTES -REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA Mayor Roberts referred to a letter from the City's Recreation Director, announcing a Boynton Beach Bicentennial Celebration Night at West Palm Beach Municipal Stadium - 7:30 P.M. Wednesday, July 23, 1975. All Boynton Residents were to be allowed free admission to the baseball game between the West Palm Beach Expos and the Miami Orioles, with Sections 6-10 reserved. The Mayor announced that Boynton's Budget Workshop Sessions were scheduled for 9:00 A.M. July 16, l? and 18, 1975 in Council Chambers. The Mayor then announced there would be a meeting of the South Central Regional Wastewater Treatment and Disposal Board at 7:00 P.M., Thursday, July 31st at Delray Beach City Hall. Mayor Roberts asked all those wishing to speak about items on the Agenda to give their names to the City Clerk so they could be called at the appropriate time. MINUTES Regular City Council Meetin~ - July .1~ 1975 Mr. DeLong referred to page 6, under the heading "Discuss Easements 18C Lateral Sewer Lines," In the paragraph beginning "Council discussed ..." on line 6 where Mr. DeLong was dis- cussing double standards -- insert between the word "felt" and the word' "that" -- "...since a lateral was installed on Mr. Zill's property without cost by the City for his sewer hook- up ... Mr. Harmening noted a correction in spelling on page 3, second ~r~ of line 2 -- should be "laboratories". Also, at the bottom of page 6 where Mrs. Jackson refers to property that Mr. Strnad "abandoned" -- this should read, "... the property Mr. Strnad has given an easement on should be returned ..," o~ the Regular City Council Meeting Mr. DeLong moved that the Minutes of July l, 1975/be adopted as corrected. Mr. Strnad seconded. No discussion. Notion carried 5-0. BIDS None PUBLIC HEARING - 8500 P.M, Request for Abandonment of Alley - Boynton Heights (Original) Applicant: Mr, Clarence W~ Shelton, Sr. Mr. Kohl read his letter for the Agenda in wh. ich he recommended tabling of this item. Before Council were copies of the Minutes of the Planning & Zoning Board meeting of July 8, 1975, indicating that this request has been tabled until certain matters are MINUTES - REGULAR CITY COUNCIL MEETING JULY 15, 1975, BOYNTO~ BEACH, FLORIDA clarified and a ruling received from the City Attorney as to whether they can~take action on the abandonment and also action on the easements. In addition, Florida Power & Light objected to the proposed abandonment as they are presently occupying the alley with thein_facilities and request an executed easement document from Mr. Shelton before they would approve, Further, Southern Bell has objected for much the same reason. They have cable facilities within the subject alley abandonment and they too requested a utility easement from Mr. Shelton. Mr. Kohl said no response has yet been received from Mr. Shelton regarding the requests of the above utility compauies. This had to be placed on the Agenda inasmuch as it had been advertised for a public hearing for this evening, but due to the above, Mr. Kohl felt this item should be tabled. Mr. DeLong moved that this item be tabled, seconded by Mr. Harmening. Upon the advice of the City Attorney, the motion was corrected to include readvertising of this matter. PUBLIC AUDIENCE Mrs. Merkal came forward and advised that Mr. Shelton recently had an eye operation and. that is possibly the reason the City City hasn't heard from hmm. LEGAL Ordinances - Second Readin~ - PUBLIC HEARING Proposed Ordinance No. 75-20 - Re: Amending Chapter 13 of the Codified Ordinances, Increasing the Charge for Delivering Garbage, Refuse, Debris to the City Landfill Area Mr. Simon read proposed Ordinance No. 75-20 on second reading by caption only. Mayor Roberts asked if anyone wished to speak for or against this Ordinance. No reply. Mr. Harmening moved for the adoption of Ordinance No. 75-20, seconded by Mr. Strnad. No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeLong Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts Aye Aye Aye Aye Aye Notion carried 5-0. 0rdinancas 1st ReadinM Proposed Ordinance No. 75-22 - Re: Amending Section 31 of the Code Providing for Consideration by the Technical Committee for Site Plan Review of Provisions for Curb Cuts Mr. Simon read proposed Ordinance No. 75-22 on first reading in -3- MINUTES - REGULAR CITY COUNCIL ~ETING ~VJLy 15, 1975 BOXlXlTON BEACH, FLORIDA its entirety after a brief discussion about the numbering of same. Mr~ DeLong moved for the adoption of proposed Ordinance No. 75-22 on first reading, seconded by Mr, Harmening~ No discussion. Nfs, Padgett called the following roll: Vice Mayor DeLong -~ Aye Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad Aye Mayor Roberts Aye Motion carried 5-0. .Resolutions Proposed Resolution No. 75-TT - Re: Establishing and Organizing A unzcmpal Dlsaster Civil Defense A~ency for the City Mr, Simon read proposed Resolution No. 75-TT in its entirety. Regarding Section 3, Mayor. Roberts suggested.that mention of ~'specific name be omitted. It was decided that this section should read, ".,. the Fire Chief or anyone acting in the ca~acity of Fire Chief in his absence". The correct wording would be left to the discretion of the City Attorney. Mr~ Jackson moved for the adoption of proposed Resolution No, 75-TT as corrected. DeLong seconded. No discussion. Mrs. Padgett called the roll as follows: Vice Mayor DeL~ng Councilman Harmening Councilwoman Jackson Councilman Strnad Mayor Roberts Aye Aye Aye Aye Aye ~otion carried 5-0, Proposed Resolution No. 75-UU - Re: Requesting the Tovna of Ocean Ridge to Grant Permission for Conszruction of First Aid Station at our Municipal Beach .~fr. Simon read the above Reselution 75-UU in its entirety. Under Section l, Mrs. Jackson wished to have a clause inserted ... at a location to be mutually agreed upon between the Town and the y. Mr. DeLong felt in view of past experience, this Cit ' should be left up to the discretion of the Town of Ocean Ridge. After some discussion, Mrs. Jackson moved to have the wording she suggested above included in the Resolution at the end of Section 1. Mr. Harmening seconded, Mr. DeLong felt that the Counc~lmembers' respected the wishes of each other and there was no need for formality, therefore, Mrs. Jackson withdrew her motion and Harmening withdrew his second. Mr. Harmening moved for the adoption of Resolution No. ?5-UU as amended, seconded by Mrs. Jackson, No discussion. Mrs. Padgett called the roll as follows: MINUTES - REGULAR CITY COUNCIL MEETING JULY 15, 1975 BOYNTON BEACH. FLORIDA Proposed Resolution No. 75-UU (Cont'd) Vice Mayor DeLong - Councilman Harmening - Councilwoman Jackson - Councilman Strnad - Mayor Roberts - Aye Aye Aye Aye Aye Notion carried 5-0% Other Legal Opinion Regarding the 0rdi~auce on Procedures for easements which were Registered and Filed by the City but Were Not Utilize~ Mr. DeLong observed that there is a clause in all the easement grants that if they are not used, they revert back or ~he City may abandon. Mr. Simon agreed. In the case of Mr. Strnad, it was clarified that his easement was recorded. Discussion ensued during which Mr. Harmening suggested that the Engineering Depart- make a list of all the easements in the City that weren't used so they could all be abandoned simultaneously. Mr. DeLong was particularly concerned with the sewer line easements that were discussed at the last meeting, parti~¢u!~rty Mr. Strnad's. Mr. Flushing clarified that there were other recorded unused easements in the City. Mrs~. Jackson moved to th~he Engineering Department come up with a list of those people w~'~ave given easements which have not been used so they may be given further study regarding the reverta-clause or abandonment. Mr. DeLong seconded~ No discussion. Notion carried 5-0. Legal Opinion Pertaining to Revised Regul~.ions for Beach Decals TABLED Mrs. Jackson moved to take this item from the table, seeonded by Mr. Strnad. No discussion. Notion carried 5-0. Mr. Simon said it would appear from his research that the proposed plan would be a valid one, bearing in mind that there is no p~lem if the charge for non-residents is for parking as opposed to Us4 of the beach, if the fee is reasonably related to the cost of maintenance, and is not unreasonably discriminating against non-residents. Mayor R~berts felt the fee was warranted and Mrs. Jackson noted there has never been a problem with use of the beach, but the problem has always been parking~ It was clarified that maintenance included maintenance of the beach also. It was noted that the plan was adopted at the last meeting subject to the City Attorney's legal opinion. O~I~, BUS~NESS Discuss Contract of Sale Between Mr. Robert J; Rose and the City of Bo.Triton Beach - Mr. DeLong . NINUTES - REGULAR CITY COUNCIL MEETING' BOY~Y~0N BEACH , FLORIDA JULY 15, 1975 Mr, DoLing felt he was pretty well familiar with Florida law insofar as deals being made on zoning and also any zoning deals made by prior Councils being binding on subsequent Councils, He said he was here to present a contract of sale tonight in view of the fact that Mr..~Rose did contact the City Authorities, attempting to prevail upon them to live up to a commitment made in a contract of sale in 195Z, although a search of the Central file, Minute~, etc. could not reveal any contract of sale that was executed~by the appropriate City officials of Boynton Beach in 1952. Mr. DeLong then presented to Council an executed copy by all concerned -- Mr. Rose, The City Attorney, Mayor and City Clerk of Boynton Beach in 1952 for disposition, review and study by the City Attorney with ~ report to the City Council in order that City Co~cil can make the appropriate decision on this item. Mayor Roberts recalled when the hearings on the zoning map came up, this particular question was reviewed as to what hold Rose could have on that p~ece of propeDty and he recalled that Mr. Simon said that you could not contract for zoning. DeLong asked the City Manager if an attempt was not made to locate an executed contract of sale and Mr. Kohl said yes, DeLong said mews?that .eno is available-he felt it was encumbent upon the City Council on the advice of the City Attorney to make a determination of th~s:~particular request by,ar, Rose previously one way or the other. Mayor Roberts asked ~f there's been any further communication between Mr. Rose and the City since the new zoning, Mr, DeLong said he wouldn't know, Mr. Rose con~acted him and Mr. DeLong said he had moved and Mrs, Jackson had seconded to take this land under question where he wanted motels in R-3 to zone it R-2. Mr. DeLong said that although he and Mr. Rose have been friends for mamy years, that has no effect insofar as his activities as an elected public official. Mr. DeLong felt the City should definitely let Mr~ Rose know what Council's decision on this is under the advise of the City Attorney. No action was taken at this time. Recommendation on Railroad Crossings Within the City Limits Vice Mayor DeLon~ . . Mr. DeLong noted that the railroad tracks on the East Coast were in very bad shape. He asked for Council to go along with a motion to instruct the City Manager to contact the Florida East Coast about the repairing of those that are very much in need of repair. He felt there were very few in the City that did not ne~d repair. He added that he wasn't too concerned about the Seaboard which weren't too b~and also most of those would be bypassed when 1-95 was finished. Mr. DeLong then moved to have the City Manager contact the Railroad with the view in mind of repairing all the bad railroad crossings within the City limits of Boynton Beach. Mr. Strnad seconded. Mrs. Jackson had a list of all the different times this has come up, adding that both Mr. Kohl and the previous City Managers have contacted -6- NI~VGTES - REGULAR CI~ COUNCIL ~ETING J~-LY 15, 1975 BOYNTON BEACH, FLORIDA the FE0 and this g?es back as far as 1952. She also noted a couple of roa~s which might fall under the County's jurisdiction. ~?, ?Long felt he was only concerned with these railroad cross- rungs in the City, but if it was necessary to contact the County, this wouldn't make any difference. He felt that m~uy people had to get their ears realigned because of the conditions cf the railroad tracks a~d this was net an ~3lreasomable request° Jackson agreed a~d noted an agreement that was ~raw~ in 1959. wherein the City was to take care of the ercssing~. Nm. DeLor~ thought there were some different arrangements now an~ ~. Kohl had all the ir~fermatien. N~tie~ carried 5-8. Quality e,f Ceastructien ~ithin the City v,~$ - Vice .,,~,yor DeLe%~ ~. DeLong believed the time was long over~ue for the members of City Council te direct the ~ity N~ger in conjunction with thc acting B~ilding Official, engaging tho services of the City Attorney when of a necessity, te establish for Council approval $ strict enferceablo policy to prohibit poor, shoddy, sloppy and substandar~ building trades' craftsmanship by some developers, contractors in all categories and tradesmen in the building in- dustry within ~he co.fines of the city limits of Beynton Beach, engaged in all types of buildi~ construction, new, remodeliDg, ere. The prime concern in buil~i~ construction appears only' to be in the compliance with the adopted Building code and the buyers efa home or apartment are beiD~ unfairly treated by those un- serupmloms individuals who are also engaged in the building indus- try. He said the City ..N~ager had a taste of what2'~e was re- ferring to ~urin~ the City's construction at the Wilson Recreation Center, new Fire sub-station and tho new dog pound. He felt the good developer, contractor a~d tradesman will welcome a policy of this type, !~ae City has competent iDsDecters in the B~uilding ~epartment who have the e~ertis~ in construction, electrical, plumbing, carpentry, air ccmditi~ning and the trowel trades. Besides the authority te e~erce the cede, t~e City must also arm them with a poliey to barn the beforementi~ned ab~ses and to protect the buyer of a new home of apartment ~or the home owner who is having repairs or alter.~tions made. Nr. DeLong m~ved to have the City ~L%nager proceed mn line with his suEgestions above, seconded by Nrs. Jackson. Nayor Roberts fel~ the City ~id not want to overstep its boun~3s and N~. DeLong said he di~n,'t believe so. I~otion c~rried 5-0. Consider Final Approval of Parcels H & I, ,,S,e, ction (Lake Rems ... TABi~ Leis~reville - 10th ~s. Jackson move~ to tak~ this item from the table, seconded by ~. DeLong. ~otion carried 5-0. ?~r. Kohl said this item was tabled at the June 3, 1975 meeting ~ud it was neElected to place it on the July 1st agenda. Copies of the Planuing & Zoning Beard ~nutes of July 8th were before Council, wherein the Boar~ recommends to City Council that final approval be given on Lake Roma, replat of Parcels H and i, plat of 10th section, P~_lm Beach Leisureville. ~INUTES - REGU~,AR CITY COUNCIL ~IEETING BOYNTON BEACH, FLORIDA J~JLY 15, 1975 Final Appreval of Parcels H & i, Leisureville (Cont'd~ He reealled that preliminary appreval was given by the Planning & Ze~im~ Board on February ll, 1975. Hewever, this ha~ never been forwarded to the City Council at that time for this pre- liminary approval. This was aceemplished at the regular meetio~ of June l?, 1975. Final approval ef this plat was given by the Planuing & ZonL~g Board on Nay 13, 197~, but the City Atterney ·.. centimued en psge 8 - 7A - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 15, 1975 recommended that it be returned to the Planning & Zoning Board to "recycle" the request, Plat is available in the City Manager's office for review and at the meeting tonight. Since this has now gone through the proper channels, and all necessa~ require- ments have been met, Mr~~ Kohl requested final approval~ It was established that before anything was signed by the Mayor it was determined that the bonds were posted. Mrs. Jackson moved for final approval of Parcels H and I, Leisure' ville, 10th Section (Lake Roma). Mr. Harmening seconde~. No discussion~ Motion carried 5u0, Proposed Ordinance No. 75-23.- Re above Mr, Simon read proposed 0rdinancs No. 75-23 in its entirety on first reading~ After it was clarified that a new bond was posted for the entire south end of section l0 and the 0rdina~ce specified that parcels H and I were approved, Mr. Harmening moved for the adoption of Ordinance No. 75-23 on first reading, seconded by Mr. DeLong, Mrs, Padgett called the roll as follows: Vice Mayor DeLong - Aye Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Mayor Roberts - Aye Motion carried C.~nsider Final Approval of Charter World - 2nd Addition Mr. DeLong moved to take this item from the table, seconded by Mr~. Harmening. Motion~carried 5-0~. Mr. Kohl advised that Councilmembers had before them copies of the Planning & Zoning Board minutes of June 24, 1975 wherein they recommend final approval by the City Council on the above. This plat consists of the 62 Par golf~course ~nd does not re- quire any future utilities or easements, Mr. Kohl had copies of the surveys with him for review a~d he said the City Attorney had an Ordinance ready if Council gave final approval. Mr. Harmening moved to give final approval to Charter World - 2nd Addition, seconded by Mr; DeLong. No discussion. Notion ca_rmed 5-0. Proposed Ordinance Nog 7.~-24 - Re above~, Mayor Roberts noted there was no bond required here and no improvements were involved. ~r, Simon read proposed Ordinance No~ 75~24 on first reading in its entirety. Mr~. DeLong moved for the adoption of proposed Ordinance. No. 75-24 on first readings; Mr; Harmening seconded. Mrs, Padgett called the roll -8 - MI~JTES - REGULAR .CITY COUNCIL MEETING JULY 15, 1975 BOYNTON BEACH, FLORIDA as follows: Vice Nayor DeLong - Councilman Harmening Councilwoman Jackson - Councilman Strnad - Mayor Roberts - Aye Aye Aye Aye Aye Notion carried 5-0~ Bus Accommodation at Beach~,.~.~ Counczlwoman' Jackson TABT~D This item remained on the table as there was no further information% Consider Issuance of Permit for Ben Johnston's Radio Tower TABLED . As this case was not due to come up in court until July 25th, it was left on the table~ NE~J BUSINESS Discuss Resolution to Florida Power & Light - Co,mci!woman JackSon Mrs. Jackson commented on the increased costs of goods and services, and particularly that of electricity. She referred to a TV ad which professed.that today's rates were lower than they were a generation ago~ She felt this ad insulted the intelligence of the. viewers as did the cost of the advertising. She then read a Letter to the Editor that appeared in a recent newspaper and an excerpt from one of the editorials on this subject, specifically how the charges are arrived at and the meaning of the fuel adjustment charges. ~Nrs. Jackson suggested that the City Council of Boynton Be~eh-~sk the City Attorney to draw up a Resolution, asking for a statement of the ra~e charge and send it to the main office of Florida Power & Light, the Public So, ice Conm%ission, all the cities of Palm Beach County, the Palm B~ach County Municipal League, and eno to the Florida League of Cities. She felt this was owed to the City's tax- payers and put her suggestion above into the form of a motion. Mr. DeLong seconded and asked Nfs. Jackson if she c'hecked with Paula Hawkins. Mrs. Jackson said she ran on that platform. Nayor Roberts said he's had several inquiries about the charges, particulary about the City tax which was increased from 6% to 11-12% and he was in favor of the Resolution asking for a full explanation, interpreting how these figures were arrived at. Nfs. Jackson felt that in sending copies to all those she mentioned, it might put the pressure on to~ get a reasonable answer. After some further discussion, ~r. DeLong noted that Ocean Ridge recently passed a Resolution in regard to reconsidering the recent electric power rate increases. Nrs. Jackson said this was not the same and the intent of the resolution she suggested was to find out what the rates are based on and an interpretation of the bills. Notion carried 5-0. 9 - *See correction - Page 2 ....... Minutes o£ Aug. S~ 19YS NINUTEE - REGULAR CITY COUNCIL NEETtNG BOYNTON BEACH, FLORIDA JULY 15, 1975 ADMINISTRATIVE Consider mequest of Aqua-Crest Corporation - Re: Contribution for Swimmin~ Peel at At1~tio High $¢h. ool ~r. Kohl's memo for the agenda stated that on June 30, 1975 Council was advised that Aqua-Crest Corporation had a request "in the house" which would be placed em the July l'5th agenda inasmuch 'as it was received too late for the last agenda. The correspondence pertaining to this matter was before Council and in essence the. a~ove corporation is requesti~ from the City $52,500 via b~dget appropriations, Fede~ Revenu~ sharing fumes er other sources ... . Nr. DeLong felt this matter should be discussed by Council at the upcoming budget meetings, Mayer Roberts noted this item had come up sever~ years ago an8 it was not tee well received at the time. He noted that the County has been reaponsible for installing peels in the north part of the County -- ~est Palm, Jupiter amd Riviera. In this ease, a private corporation is ~rying to put a pool in at the south end and have all the cities pay for it, however, some would have no use.. Discussion ensued d~ring which ~rs ,' Jackson recalled that initially, back in 19?O permissio~ toselmcmt' ' was granted but im 1972 this on came ~n with a request for $15,0G~, saying that 000. They said they requested contributions each of whom would give $15,O00 if the was claiming a commitment was .made in geo~ The Nayor note~ that no firm eomm~tmen~ matter was dropped for several years. The Nayer felt interested in helping to ~isemss it at time. ~rs. Jackson ~ eutsi~e of City limits that a ~ has been spent for recreation in the last three xears. Nr. David L. Tyson, President of A~ua-Crest Corporation noted that Aqua-Crest was incorporated in t97~, heweve~r, N~.s. Jackson referred to ~inmtes of 1970 wherein Aqua-Crest Wa~ gmven per- mission to solicit. Nr. Tyson reviewed +~ .... ~ ~ ......... o.ver~ t~he past few ..ye.ups le~zmd~ up to thzs request for $%2,%00 vza ~u~e~ approprzatio~, Federal Revenue Sha~i~g funds or other sources, the details of which were covered in his letter te the adults. Mrs. Jackson asked ~Ir. Tyson ~t~. he ha~ gone to the County School Board budget sessior~ to and he answere~ ne. Nrs. Jackson then rea~ from the ~tember ?, 1972 peel contingent upon commitments from ! e ' ty ~r: DeLong said the City Namager had to prune tke bu4get amd eliminate what may be classified as some very ~eeded items im varzous departments and wondered where C ~ - the ity ~anager mzght get 452, 50G if it was approved. Nr. Kekl said i~ preparing the budget~ he has taken in~e eomsideration Bharing, Unappropriated Surplus and~thinkin~ about far l0 - NINUTES - REGULAR CITY COUNCIL ~ZETING BOYNTON BEACH, FLORIDA JULY 15, 1975 as the millage. He said he did ,not have $52,500, and Mrs. Jackson said Federal Revenue Shari~ cannot be used for anything except what is within the City iimi~s. Nr. DeL~ mateh~ Federal funds c~ot be obtained if Federal funds are already bsing used. Discussion ensued about raising taxes te obtain additional funds au~ ~tr. DeLo~ stressed the number of residents living on fixed income~ who would not accept an increased millage rate easily. The Eayor note~ the difficulty of y~ng fam~lie~intrying to make e~ds meet. N or Roberts ~uest~oned s~n~ the Country has bee~ responsible for building these pools in ether communities .north ef Boynton, wky haven't they been approached for a grant to buila a peel in tho semth part ef the County. It was felt to raise an a~ditional w~uld be a hardship at this time. After some further comments, ~. ~Tysonwas a~vised that C~uncil weul~ give consideration for the $15,0~. Consider ,Reeues%,,of T~le~romTer Cable TV - Re: Rate Inoreasa Nr. Kohl's letter for the agenda stated on Nay 28, 1975 the City received a request from ~elePrmmpTer Cable TV requesting a rate increase and it was submitted te Council with their brochure. At the June 17th ~uncil meetio~, ~r. Evans, Attorney for Tele- PrompTer, appeared before Council to explain the reasons for this request. At that time, City Council directed that the Ci~ Attorney, Finmnce Director an~ City Na~nager meet with ~epresen~atives cf TelePrompTer tc determine if this request · s valid. A report of sai~ meeti~g which was held in the City ~anager's office on June ~3rd was before Comncil. ~r. DeLeng referred to an agreement in existence between Tele- PrompTer and the City and he asked if the agreement provides for rate increases, etc. ~, ~mon referred to Chapter 7-A of the City Cede, entitled "Community Antennae Television System" set up the provisions for the change of franchise and subsequently, there was an Ordinance adopted granting the franchise to TelePrompTer TV. In so doing, the previsions of Chapter 7-A apply. RegardiD~ rate increases, he rea~ a small paragraph from ~he Code indicating that a rate increase ma~ be eonsidered'.by City Council. ~. Simon said at the time the franehis~ was grafted, it was granted the rate schedule at the time of passage of the Ordinance No, 68-17. The rate schedule applied at that time and the rates from 1968 are still prevalent today. Nrs. Jackson felt the City weuld be hurting a business by no~t allowing them to try to make more money. She therefore moved t* grant approval of TelePrempTer's request. ~. DeLong agreed that it was time for an increase after so ~ years, however, he was concerned with the percentage being asked. -~Lrs.Jaekson said a booklet was handed out a couple of weeks ago advising what the increase would be. Nayor Roberts note~ that Cable TV could not be compared with Florida Power ~d Light, the latter of which was a necessity. ll- ~INUTES - REGULAR CITI BOYNTON B~CH, FLORIDA COUNCIL ~TEETING ~LY 15, 1975 Mr. John Evans, Attorney representing TelePrompTer Cable TV, explained that a let of study went into the proposed rate increase to $?.50 per month. It was felt this was the most that coul~ be charged while losing the least m~mber of s~o- scribers. It was felt that TelePrompTer would lose approximately 5% of its present subscribers due to the increase. He stated the original rate was $4.95. He said the increase was about 50%. Mr. Harmening seconded Nfs. Jackson's arl~er motion to grant approval of TelePremp~er,s rate increase. No discussion. Notion cartes 5-0. % DeLemg noted it w~s Coumcil's duty to ask questions and ~ more informed. Request Apprevai to Negotiate with Property Owner - Re: Eights of W~V for S,~, 2~rd Avenue ~. Kohl ssdd he put this on the agenda to ask Co~macil's approval as to whether he should proceed to negotiate for right of way with the property owner in ~mamm, ~.e, engage the services of appraiser, cream He said he was only instructed to get the agreement off and the check, which he's done. ~Mr. Harmening moved t? have %he property a~praised, seconded b~ ~g,~ta~e mro~ tad= pemnt. It was stated that approximately 1/3 acre was mnvolved here, ~yor Roberts thought a sum of about $15,0GO might be aske~ because of damage to any lots. Also it is street front property-. ~ayor Roberts said he was against this in the first place. The cost is now estimated at $38,000 with no e~d in sight. ~e also learned that some peoole who signed th? oetition f~m the smde streets were not aw.s~e of-~at was ge~n~ o~ auR'w~ wo~ld be effected. He was still of ~he same 9~in~on that ~is was a step-gap measure, letio~ carr' - O,ensider Reguestof the Oomm~ity Appearance Boar~ Reference was made to ~er. Kohl's letter for the agenda, along with correspondenoe from }~. Novotny, Chairman of the CAB. Mr. Novotny's Ietter stated at the Community Appearance Bo~rd workshop meetin~ held on Jume 23, 1975, it was suggested that designs of all new signs for existing sites or structures be sub- mitted to this beard for an aestnet_c evaluation prier to issuing ~msign permit. Consideration was requested for having this m~corporated into the sign Ordinance, ~. DeLo~ felt this was normal orocedure in most cities that have ~ Communi?.YAppearance Boar~. Mayor Roberts said he would like to have this checked further as he felt the Sign Ordinance was specific and takes care of these issues. He felt it might not be wise to put another burden on the CAB, ~ms. JacP~on felt this might cause a hardship on the merchants and landowners, having to go through another step, as the sign Ordinance was very specific. She felt the CAB was doing an excellent job and this was ~n extra du~ which was not really needed, - 12 - I~iNUTES - REGULAR CITY BOYNTON BEACH, FL~0RIDA COUNCIL ~EETING JULY 15, 1975 ~r. Strnad said there has been a lot of trouble with the Sign Ordinance. It does not take into consideration the aesthetics of the sign. After some discussion, Nayor Roberts questioned what was meaut by a~ aesthetic evaluJation, and it was felt that this information would come from the Co~m~zui~yAppeara~ce Board. ~rs, Jackson asked if any other Cities had this under the Com- munity Appearance Board and Nr. DeLong said yes, Mrs. Jackson moved to table this item aral have the City ~anager come back with a report of s~me of the other cities after he has contacted them to see how effective this has been. Nr, DeLong seconded. ~etion carried 5-0. C?nsider Recommendation of the Parks & Re,creation Beard The letter received by ~r. Kohl from the Parks & Recreation Board, ~ated June 27th indicated that ~. Tony Bonardi has missed ~%ree consecutive meetings ef the Boar~without being excused. The Parks and Recreation Board voted to recom~en~ to City Comacil that Y~, A. A. Stuart be considered to fill the remainder of k%r, Bonardi's term to December 1975. M~. SSaart has previously served on this Board with distinction amd under- stands i~s workings. N_rs. Jackson said when ~Ar. Stuart was on the Recreation Board previously and during discussion ~oout the Librar~y, he made some insulting remarks about the Council because Council did not go along with his feeliogs about removal of the handball court. She would not go a~ong with his appoint- mont. ~s. Jackson moved to table this item until the next mg'et%n_E, seconded by ~r, H~rmening, No discussion. Motion ~_a~ried ~-0~ Nr. DeLong f~tt ~his pas~ii~¢~d~Sk~m~ot be rmld agamnst I~r. Stuart and ~¢~S. Jackson felt ~hen Someone is on a recom~en~ing board, reco~aendi~mg to Council, he should not make remarks against the Council. Discuss Board of Adjus~.c~ent---~m~m Davi~ Robert~ ~yor Roberts noted that the Board of Adjustment now has seven reg~alar members and he felt it would be proper to take two of the senior men as altez~nates and move them up to give a seven- man board, The two senior men involved would be Derle Bailey and JoD~u White, ~Ir, Aranow is still a jumior. Mr~',~DeLong felt _e could not get involved in ~ aoooLm~ments or promot~_ons. After some further comment, ~s, Jackson moved to move up the two alternates in line with the Mayor's suggestion, seconded 'by ~. Harmening. ~he ~ayor ~' - sa~d possibly another alternate could be apoointed later. Lo~on carried 5-0. Discuss Zoning Omissions and Oba~ges Mayor Roberts wished to have the City ~anager get in touch with the Pl~uing & Zoning Board, In the pressure of getting the Zoning Ordi~uce adopted, one item was omitted u~der non- conforming uses. The original Ord~n~uce had it pretty well spelled out .and there were no problems. However, it was omitted and an attempt is being made to deter~i~e why this happened. 13 - I~JTES - REC~JLAR CITTi COUNCIL ~ET_~ JULY 15~ 1975 BOTNTOE Bv~ACH, FLORIDA Being ~uder pressure, it was Felt the State law would prevail, however, there is some question there. ~Lr. Roberts suggested the Board review the S~ate Law and lock over the City's old Ordinance which he felt was more specific and come up with a recommendation at the Plamuing & Zoni~ Board's meeting, regarding non-conforming uses. ~. Joe Kell~m~, ~ha~rm~u o_, the Plarn~.ing & Zoning Board, said he couldn't ~erstand wky that portion was left out. A survey of the entire City is being made which will be ready on Friday. the Planning & Zoning Board voted to have a workshop ~eeting that day to try au~ correc~ the ommissions made, ,~:.. Kelly said he's been asked to sign a letter which was sub- ~itted by ~JD regarding Leonard Smith. Nayer Roberts said~a Resolution had been sent regarding this matter. ~s. Jackson said at the ~unicipal League meeting last Friday someone from the Area Pl~n~ir~ Boar~ was there showing the cities on a chart which w~=~e not ready amd had net lived up to their land use clan. ~e was glad to see that Boynton Beach was up to date. TRe or~y item left out was the list of capital improvements which had not been listed and senm to the &rea PlanninE Board, She felt that Boynton's progress here was largely due to the efforts of the Plar~uing & Zoning Board. l~ayor Roberts said he w~ted to be sure t_bat it '.~s agreesJole for the Pla~uing & Zoning Board to work on the ~nestion of the non-cenformi~ uses. ~m. Kelly noted that at the meeting of June 17th, Resolution ~e, 75-QQ was adopted ~u~u~mously and it had to do with Seacrest ~Za;Ap~tments. He wa~ mold that ~CGD had asked ~¢r. Smith t6 have the Chairman of mhe Plar~qing & Zoning Board si~n a sug- gested letter, copy of which went to the Building Department. D~. Kelly had some Objection to signing the letter which was to say this was conform~gwith the zonim~, however, that was one of the omissions on the maD. ~Lr, Kelly said Ordinance No. 71-4 approved the rezo~ing at ~hat time into R-3,~ Inadvertently, in the last minute rush, that area was no~ shown. ~-r. DeLong felt the procedure to be followed should be to reconsider Cotuucil act_on as to · sett~ug t~ 90~ t~me l~mz~ on the rezomxng, He felt once that was lifted~ t?~s property could be re-zoned which it should never have been done wrongly as on the map. ~k% Kelly quoted from the ~inutes of June l?th regarding this matter. ~. DeLong felt the City could not bypass the adoption of a 90-day moratorium and he asked the City attorney if it wouldn't be proper to rescind the previous action Lu placMug the 90-day moratorium on this re-zoning for this particular Lustance to accommodate ~. S~ith and re-zone his property as it was origin~ meant to be under the proper Resolutions or Ordinances. After some discussion as to the proper procedure, Nr. Kelly said ~, Smith was to have this by July 1st, but he got an - 14 - ~I~WJTES - REGULAR CITY COUNCIL ~F~TING BOT~0N BEACH, FLORZDA JULY t5, 1975 extension to July 15th. ~. Kelly said he was supposed to sign the proposed letter tonight if Gouncil could f~a~ a way to resters that which was ~rroneously removed. ~rs. Jackson moved to reconsider the 90-day moratorium for the Leonard Smith property and abide by Ordin~uce No. 71-4~ makin~ this R-3. ~. DeLong seconded. Mr. Koh~ referred 6o~czl to the letter he received fr~m ~. Bushnell of the Building Department regarding two pieces ~f property -- Seacrest Plaza Apartments and ~. Castanzo's Duplex construction. Action sho~ld be taken on both parcels. After some further discussion on the procedure for handling this q~es~!on, ~s. Jackson corrected her motion to rescind the 90-day moratorium for the purpose of correcting two o~ieus errors, concerning ~, Cast~u~o's duplex const~ction an~ Seaerest Plaza Apartments, ~. DeLong seconded. Discussion ensued about the HUD Letter broughtmp earlier, ~. Ko~hl felt Council should write the letter through the City ~uager and have the ~inutes in with the letter that the Oity~anager writes that the ~L~yor and Cou~cit ap~oroves, It was noted that~Nr. S~ith did not have to be at HUD the following day, but the letter would be sent out right away. ~r, Simon stressed the impor~ce of netLng that the purpose of lifting the moratorium 9n th~? two parcels was ~trictly for ~he purpose of correcting ~he zoning w~th the inte~ of once having ~emoved it for these changes on t~e twep~rc~is, the' m0ratori~ W0~ldbeallowLUg~e- instated. ~. DeLeng requested a roll call vote which Mrs. Padgett c~ucted as follows: Vice Mayor DeLong - Aye Councilman Harmening - Aye Cou~cilwomam Jackson - Aye Councilman Strnad - Aye Mayor Roberts - Aye ~otion carried 5-0. ~Y~s. Jackson moved to reinstate the moratorium as to all property other than the two parcels excepted above. Mr. DeLong sec~ended ~ad requested a roll call vote which ~s. Padgett conducted as follows: Vice ~er DeLong - Aye Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Mayor Roberts - Aye Notion c~rried 5-0. It was noted that the parties involved in the two exceptions above will have to come in to reapply for rezonio~ and go through the proper chs_~nels, as they have zoning classifications other than what was intended. Regarding ~. Smith, the letter was being sent to advise that Council was acting ~n this matter accordingly, ~. DeLong said when the affirmative action was taken on the new zoning map and z~ning Ordinance, all previous actions were superseded. He felt it - 15 - MINUTES - REGULAR CITY COUNCIL ~EETING BOYNTON BEACH, FLORIDA JULY 15, 1975 would be wise te follow the advice of the City Attorney which was to go through the proper procedure. Discussion ensued at some length regarding the correct manner of handling this problem. Nr. Kelly read the suggested letter written for SEith by HUD whiP. was ~e be signed by the Chairman of the Planning& EoningBoard - re Seacrest Plama~p~rtments, etc. "Dear Nr. Smith: The plans and specifications pertaini~ tc the ~ove subject project have Been received and ~f the project is con~tr~ete~ ac or~ly, unqualifiedly, all zonimg require- ments ef the City will have ~een satisfie~." ~ir. DeLong suggested that ~he letter be taken care of by either the .~or 9r ~he Oity ~er and ~yor Roberts said the zoning zs satzs£~ed and will Be satisfied, so he ~idn't see any problem. (N · ~te. At the end of the meeti~ there was some discussion clarifying the action taken in that the plaoe~ back un, er the moratorium.) Consider Zoning Approval for Beer and Wi~e License - Palmland Deve~o~men~ Corpo ~Charter G~lf and Te~ Club~. I~.) In view of the fact that everything appeared to be in order with ~he above request, ~. DeLo~g moved to grant approval, seconded by Mr. Strnad. No discussion. Notion carried 5-0. Consider Application for Permit to Solicit - Soroptimist Club cf BoyntcR-Delr~¥ As everything appeared to be in order with the above request, ~r. DeLcng moved to grant approval, seconded by Nr. Strnado No discussion. Motion carried 5-9. Approval of List of P~yments for Jun~ ~o Harmening moved to accept the above list and file, by Nr. DeLong. No discussion. Notion carried 5-0. ADproval of Bills seconded Nrs. Jackson asked when the tennis courts were going to be com- pleted and Mr. Kohl said they were almost ready as they have all been asphalted. Kohl read the following bills for approval: Sim~o Tennis Courts Pay from Federal Reve~ue Sharing ~21-815 Bid approve4 by Council 9,116.23 - 16 NiNUTES - REGULAR CITY COUNCIL ~ETING BOY~0N BEACH, FLORIDA JULT 15, 1975 Davis ~Ieter & Supply $ 3,771.40 Replacement parts for Delray-Boynton Water Connection Pay frsm budgeted funds 030-811.17 3, Florida East Coast Railway Co, A~Uual maintenance f~r cross4ug protection_ Pay from General Fund 001-$5~.35 Res. 71AA 1,950.00 Callaway, Carpenter, ,kay & 0o. Professional Services Pay from following funds: 0~1-299 030-29~ 030-215.05 Co~ucil approved 5/6/?5 - ~2,617.~0 - 1,295.00 ~,32~.00 6,237.00 Cynthia Lewis Assistant cook for genior Citizens Club Pay from FeleralRevenue Sh~r~ing 020-800 0rdinauce No. 73-~15 passed 5/15/75 48,00 Isiah Andrews Driver for Senior Citizens Club Pay from Federal Revenue Sharing 020-800 Ordinance No. 73-15 passed 5/15/73 45.00 ~Ir. Kohl said all bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Director~ funds are avail~ole in their respective budgets, t~. Eohl therefore recommended payment of these bills. Nr, Harmeni~g moved to pay the bills, Mrs. Jackson seconded, ~yor Roberts noted the bill being paid to Florida East Coast Railroad for maintenance and it was clarified that this was protection for the gates. Notion carried 5-0. There was some further comment about the zoning om~ssions discussed earlier which was included in paragraph 3 on page above. 16 Nr. DeLeng moved to adjourn, seconded by Nr. Strnad. ad~ourned at 10:23 P,M. ~eeting CITY OF BOYNTON BEACH, FLORIDA ~ayor ~L~y or - 17 - -.- i~Ii~JTES - REGULAR CITY COUNCIL I~EETING JULY 15, 1975 BOYNTON BEACH, FLORIDA ATTEST: ~ ' ~/~oun6ilme~ber - ' ~ ~'O~a~cilmember - 18 -