Loading...
Minutes 02-20-73MINL~ES OF REGULAR CITY COUNCI5 MEETING HELD AT CitY HALL, BOYNTON BEACH, FLORIDA, TUESDAY~ FEBRUARY 20, 1973, AT 7:50 P. M. PRESENT Mrs. Emily M. Jackson, Mayor Joe DsLong, Vice May?~ DavidRoberts, CounCilman Edward F. Ha~mening~ Councilman Forrest L. Wallace~ CoLrncilman Harold Hopkins, Acting City Manager Mrs. Tereesa Padgett, City Clerk Attorney Malcolm Anderson - AssO- ciate of Ernest G. Simon Mayor Jackson called the meeting to order at 7:35 P. M. The Invocation was 9iven by Floyd Van Deusen, followed by the Flag Salute led by Councilman Harmening. ANNOUNCEmeNT S Mrs. Jackson announced there will be a public hearing on paving a por- tion of N. W. 5th Street (589') at the regula~meeting to he held on March 6th at City Hall~,. at 8:00 P. M. Mrs. Jackson introduced County Commissioner Robert Johnson, who spoke on the High Ridge Road area. First, Mr. Johnson stated there is a budget of $180,000 to pave, drain and build sidewalks on N. E. 10th Avenue. The right of way alignment has been approved by the County Engineering office, hut to date apIy~o~al of same has not been ~eeeived frc~the City of Boynton Beach. The County Engineering Dept4 is proceeding alGng the lines euggested and on completion within two weeks wilt make an appraisal. Secondly, the Leisurevil!e 8 ft. combination sidewalk and bicycle path on the east side of Congress Avenue is expected to begin in two weeks. This is paid for out of Highway Safety Funds, a Countp~,ide program to improve highway safety and keep bicycles and pedestrians off the high- ways. Mr. Johnson mentioned that their Legal Dept. is engaged in complex negotiations in regard to additional beach property and also the inlet property. Mr. Johnson said High Ridge Road residents have complained to the CoV~ty for relief from the huge dump trucks hauling dirt through their re$1~ dential streets. The County Commission has adopted four plans of action Because of damage to the road, we could restrict the use of heavy trucks on this residential road. We cannot prohibit access. Boynton Beach eould donate the right of way and build a new road for the County and make access to the industrial area ~rom the proposed extension of High Ridge Road to 22nd Avenue. It would cost $40,000 to extend to High Ridge Road. ~nder con~mderatlon, as suggested by residents, is the building of a new road that would deadend at the north end of the industrial area. The Commission would prefer to do this. Mt~fdTE S REGULAR CITY COUNCIL MEETING FEBRUARY 20, 1975 Mr. Johnson proposed giving some consideration to the financial support for the building of that road "to be built in your City~. He requested cooperation from the City and fo~ a reply on this as soon a,s possible. Mr. DeLong asked M~. johnson, along the vein of aSsisting one another, what was being done to expedite the sordid condition o~ Seaboard cross- ing at N. W. 2nd Avenue? Mr. ~ohnson stated he would cheek into it. Mayor Jackson asked the Acting City Manager if an excavation permit had been issued? Jack Barrett, Building Official, was called on for ~ report, He ad- vised Council that no pe~t had been issued for Lehigh Cement. (Ready- mix plant). The excavation was considered part of the development plan. Pi~. Wallace questioned whether residential streets could be closed to commercial vehicles. John Hess of 7075 High Ridge Road, stepped forward and stated he rep- resented a 9~ouP called Greater South High Ridge P~operty Owners Asso- eiatiDn~, He quoted Resolution 75-55 passed by the County Commission Jan,ua.z~j~16~ !~7~ [~i~.~%Qated residency roads will not be used for eom- mercia~vehictes. The~ ~ng ~o~ this area has ~u~ed duress to ouF citizens. We W0~ld:/~ ~h-& c6opera~ion of Boynton Beach, since themr rezoning has caused th~ Fms. Melba B~uce stated there was no notice to anyone in the area. The Delray .Leader carried it, but the~ does not Circular9 ~n her are. a. Her findings indicate a. cemest pl~t. is not permitted in ~n in~.l.UStrmal area. ~. $~ewage was ~gnored and She said Mr. Largent stated i~ would take no mQre' sgwage~than a~home~ T~e.is no wate~ or fire protection and no access ,to this ind~strzal development. There are huge excavations and gullies~- -:-[ ~ ~: Inqumry, was .made a- to building permits issued. Mr. Ba~ett advised i>t~t a ~ermit had bean issued to Florida Pneumatic. M~'~ R°ber~S asked if theme weme any building permits beside that. No, was the answer. ~¢nen .was the building permit issued? S~ptember 19th was the date given 'by Mrs. Bruce. Mr. Hopkins $~ated this is a s. ub-division and the final plat has not been approved.- No~mal!y pel~nits are not issued until final'~,approva!. Mr. Wallace asked what position the County would take if this would be placed in~ limbo? Johnson. said he was certain the County Commissionwould welcome whole-heartedly any cooperation. B~ing permits on:th% north county -2- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 20, 1975 have been withheld fo~ this reason. He suggested having the City Attor- ney get in touc.h with the County Attorney to get legal opinions coordin- ated. He looks forward to working with you. Mr. Wallace asked what specific action could be taken at the present time that would limit any fut~e developme~nt at this stage? M~. Jolmmon suggested checking with the Attorney. He did not think it would be p~oper fo~ him to suggest a specific course of action to Boyn- ton Beach: since he is not a ~esident. M~. DeLong made a motion to direct the City Attoz~ey to contact the County Attorney in this situation, and the~e be a joint effort between the County and the City Council of Boynton Beach in order to resolve the present circumstances. Motion seconded by Mr. Harmening, and car- tied 5-0. Mr. Roberts stated.~ '~Until we find out what is going on I make a motion for a stop order. ~' Mr. DeLong thought this was originally asked of the City Attorney. Mr. Anderson said yes, we can investigate this very quickly, and if deemed necessary a special meeting could be called to issue a stop order. Mr. Roberts made a motion to is~ue a stop order until we hear from the Atto~ney~ and Mr. DeLong seconded the motion. Motion ebbed 5-0. Before Con~issioner Johnson left Mr. Wallace said there are sti]l 60 acres on Congress Avenue in the vicinity of the Vo Tech School, and we need an auditorium. 9~utd the County work with us in a joint effort on this? Mr. Johnson suggested putting it in writing and getting it on the County Commission, agenda. He would be receptive to working o~ it. Mr. Wallace moved to forward this request in the form of a resolutiorn Motion sec- onded by Mr. DeLong and cazTied 5-0. PUBLIC HEARING Parcel ~1 - Consider abandonment, including rights of waM of Alleyway located between Lots 12, 1D~ t% and Lots 15, 16, 17, A~denPark S/D r~q~ning north to south Recorded in Book 2~ Page 96 Palm Beaeh county Reeoz~ls The Mayor asked if anyone wished to speak in favor of the abandonment. Mr. Herb Engelman said he has been a Boynton resident for 12 to 14yea~s and owns two lots 14 and 15 at Railroad Avenue and N. E. 5rd St. -5- MINUTES REGULAR CITY COUNCIL MEETING FEBRHARY 20~ 1973 PUBLIC HEARING~ cont'd. Mr. Kilpatrick owns four lots running in the same direction no~th of him. These are bisected through the center by an easement owned by the City - it is a deadend, and unused. "We are asking the City to abandon the alley so we can develop it, pave it, clean it up and elim- inate the drainage problem.~ Mrs. Jackson told him he could not build on it, and the utility easement would still be there. Mr. Engelman stated that anyone using the alley would have to cross his propel~cy to get out. Mm. DeLong stated he would accept the recommendation of the Planning g Zoning Board in this instance, with the understanding that the utility easement stands and ~I would have this pronounced in the order of aban- donment. ~' This was seconded by Mr. Ha~mening who would like it understood before the City executes the deed, that easement be granted by the two owners in favor of the City to protect our utilities rigtfc-of-way. Mr. Anderson said this can be done. Mr. Engelman said they did not want to spend money on it if it wasn't theirs. No one spoke in opposition to the request for abandonment. Motion carried 5-0. Parcel~2 - Conditional Use, Child Care Center, Nursery School Lots 16 and 17, Rolling Green Ridge, 1st Add'n Recorded on Page 225, Book 24 Palm Beach County Records Address: 51 N. E. 22nd Avenue Mr. Robert Olds, Chairman of the Planning g Zoning Board, stated that regarding the request of Julian Patrick: Mr~ Largent had ~eceived a telephone call from Mr. Patrick asking that the petition he withdrawn. We did have opposition. We took action, and it has been denied by the Board. No one appeared to speak for or against subject request. Mr. DeLong agreed that they uphold the decision of the Plsm~ing g Zoning Board to deny the request made by JulianPa~iek. M~. Harmening sec- onded, and motion carried 5-0. ANNOUNCEMENTS Since no word had been received from Mm. Battelle, ~. Wallace made a --4-- MINU~ES REGULAR CITY CO~CIL MEETING FEBR~k~RY 20, 1975 motion to withdraw his application from the £iles for any further con- sideration. Motion seconded by Mr. Roberts, and carl~ied 5-0. Roberts ~ecommended that applicants be advised of the salal~% range and suggested intervie~ for Saturday at 1:50 P. M. MINUTES Special Meeting Regular Meeting Special Meeting Special Meeting January 50~ 1975 February 6, 197D February /2~ 1973 - February 13, 1973 Mrs. Jackson asked if there were any corrections on any of the minutes. Mr. Wallace stated that as far as he could recall in the Jenuary 30th or February 6th minutes there were some questions he addressed to Mr. Sul- 3/van that he did not ~ind reference to in the minutes of the meeting: and he would like the privilege of reviewing the tape, as something seemed to have been deleted. He moved to approve the minutes of Febru- ary t2th and 13th, and to table the minutes of Janua~ 30th and February 6th. Mr. BeLong seconded the motion. Motion carried 5-0. P~BLIC AUDIENCE Mr. Shop Lesser, Attorney for Mr. Charles Daniels, Builder, stated that Mr. Daniels applied to the Board of Appeals for variance June 5, 1972, the meeting was public and variance denied. He was granted a rehearing on Septenfoer 1t, 1972 and he was 9-iven the variance to build a home in Boynton Beach. He obtained bui!dingpermits, financing, bought building materials and commenced construction. The City issued a stop order on oonstructiononJanuary 16thand on February 16th a Building Dept. offi- cer presented M~. Daniels with a stop order. He contended this was illegal for the City to overrule its own Board of Appeals, according to Section 51-tS,~'~arag~aph (4)(b) of the Code. Mr. DeLong stated it seems this hinges upon. having a reheaming and not advertising. Mr. John Stephens, 715 N. W. 4th St., stated that when Mr. Daniels bought the property he had already been told it was zoned 60'. He isn't thinking of moving to Boynton Beach. I wish we would thinkabout residents here already. Mr. Daniels did not begin construction until New Year'sweekand. A ruling should be made that it would be required to readvertise. Mr. Wallace said he did not think the stop order v;as issued against building by any individual b,,~lder, it was against all building in the City. He que~tloned the legality of procedure of the second hearing. -5- MIhrdTES REGULAR CITY COUNCIL MEETING FEBRUARY 20~ 1975 PUBLIC AUDIENCE, aont'd. M~. Lesser stated he did not believe ~it is our place to question the validity of the action of the Board of AppealS. ~ This is what the Board did and what my client ~elied on. It was totally illegal to stop con- struction. Mr. WallaCe stated that after the Board of Adjustment turns it dc~rn it then goe~ ~0 the higher Board. M~. Lesser stated that a rehea~ing was an elemental rights. Mr. DeLong said f~om. all indications the City Council had no authority to revoke the build~ng permit. It was not within their power. Mr. Anderson, referring to the decl_lon of the Board of Adjustment, stated t~s l~ presumed :to be valid, as 9~!1 as the decision of the City Attorney. However, the paZ~ that is questionable is that after decision~ by, the Board of Adjustment has.bee,n rend. ered~ the. City can go to ~he Cou~t of C.o~.petent Ju~isd~ctmon cng seek re~res, s... Bo. ynt~n~ '.Be~eh. City Council~ does not have authority to overriae rne ae- e~sion~ ~he Board of Adjustment ~ega~dless of i~ts correctness. M~. De~onu: ~'I would move to l~ft the stop order on advice of the City Attor~. ~r~..tat~q we did not. h.a.ve the ~power .and authority to stop this ~ild~'ng permit? Seconded by ~. Harmen~ng. Motion carried 5-0. M~. Wa~tace sta~ed this man did make overtures to buy. .property on both sides ~o ~et the 60' requirement, and also the ad3oining propez~-y owners could not come to terms to purcl~se. Mr. DeLong made a motion stating any time there is a rehearing of the Board of ~dJustment to amend an ordinance it must be advertised. Sec- onded by M~. Wallace. Motion carried 5-0. Louis Preidtseh: Ocean Ridge, asked f. or clarification on the.moratorium and was a~ked to wait until this subject came up on the Agenda. Mr. F. C. ~an Deuse~ of 227 N. E. 22nd Avenue, stated his thanks for the light in the parking lot and the phone in the kitchen, of the Senior Citizens Building. He is having difficulty with the traffic getting into the Highway. He was told of the Resolution adopted at the last meeting. He also complained of speeding on N. E. 22nd Avenue: and no po!ice ca~S on that street. The Mayor said she will cheek on it tomorrow. Mr. Wallace asked if Mr. Van Deusen had called the Police Department. ~e went owe~ the complaint book for the last several months, which is what they go by. I~ the residents cai1 in and pinpoint specific areas and time there could be better coverage by the Police Department. -6- MINUTES REGULAR CITY CO%LNCIL MEETING FEBRUARY 20, 1973 Arnold Stroshein, 61~ N. Pederal Highway, stated if any of the recrea- tional facilities sine demolished or removed, which the taxpayers have paid fort ~I personally will bring suit against Boynton Beach and this will be taken care of Ln higher court. Paul H. Jones stated he and his wife have two beauty shops~ and he pre- sented two utility bills for his identical oper~atioD~, and questioned why one should be $9 for garbage and the other $5. M~. Hopkins said he would check into this the first thing in the moro/ng. Mr. John White ~asked. that consideration be given to allow construction on lots of~ record without going before the Board of Adjustment for vari- ance. Mrs. Thelma Crawford reserved the right to speak on the library ~ite. Mr. Stephens inquired as to repai~ of N. W. 4th St. He was told the contractor would be in there Thursday. He also reserved the right to speak on Item IX D. M~ .O.T. McLean, 906 and 911 S. Federa2 Highway - My question is, how does the City handle its wrecker operation if there is no wrecker rOta- tion? Mr. Wallace replied -'there is no rotation existing iuBoynton Beach. Mro McLean said, for your information when I was on the wrecker rotation there were four of us with a net of $200 a day. This has been given to the Shell station in a C-1 zone, and it is not entitled to it. There is a system being employed by the City for handling wrecks. I would recom- mend that the first one there gets the wreck. Mr. Wallace made a remark that my case had been thrown out of ¢Ou~t. What is the reason I was not put back on wrecker rotation? Someone must be receiving a cut. He ferred to a meeting with the Chamber of Commerce. Mr. Wallace asked if he was making a specific statement. Mr. McLean asked if Mr. Wallace traded at the Shell station? He stated that he did. A heated discussion followed. Charles O'Hara, 5 Velaire Drive, asked what was being done on the pro- posed road and new condominium off Boynton Road. They do not want the road. Mr. DeLong stated that he had brought that up at the last meeting~ and they would t~y to arrive at a decision. It will be followed up on. were Norman Hands~ 1119 N. Seacrest Blvd., said there/three sick dogs in the f~ont of his place and he can't get rid of them. He called Mr. Hopkins about it. --7-- MINU~ES REGULAR CITY COLHNCIL MEETING FEBRUARY 20~ 1975 PUBLIC AUDIENCE, eont'd. Mr. Hopkins stated they would have to work with the County on this for a place to keep the dogs~ until a place could be found here. Mr. Hands asked when he could have new doors for Wilson Center~ as the~e is just one way in and one way out. Mr. Hal~nening asked what happened to the old doors. Mr. Frederick stated the doors were damaged and broken. The new doors are in: and will be installed as soon as possible. BIDS Mr. Roberts asked if he could get some information on the new Pumper. Chief Wright stated it would be parked at the Central Station~ the Pump- er 5n1 this budget is recommended by the Insurance Underwriters, and is supposed to go to the sub-station. With $500~000 to $400,000 expendi- ture it is impossible to get all this equipment in one year~ this is for the coming year. The next truck is 16 years old and a smaller tru~k 15 years old, that is the reason for the request for the Pumper. Deliv- ery is one year from today. T~e bids were quoted by Mr. Hopkins. Mr. DeLong made a motion to accept the recommendation of the Tabulating Committee~ and award the bid t9 W. Q. Dowling (Ward L-oFrance) in the a- mount of $45~841.00: delivery mn 560 days. S~conded by Mr. Wallace. Motion carried 5-0. LEGAL Mayor Jackson stated no Ordinances for second reading. Ordinances - 1st Reading Ord. NO. 75-7 - Amending Zoning Ordinance Mr. Anderson read Ordinance 75-7 in its entirety. Mr. Ha~nening moved for acceptance of Ord~ce No. 75-7 at first reading; seconded by Mr. DeLong. Carried 5-0. Ord. No. 75-8 - Amending Ord. No. 73-1 Mr. Anderson read O~dinance No. 73-8 in its entirety. Mro Roberts moved for adoption of Ord. ~75-8 on first reading. Seconded by M~. Harmening. Motion carried 5-0. Ord. NO. 75-9 - Creating the Position ot Assistant City Prosecutor Mr. DeLong moved Ordinance No. 73-9 be taken from the table. by Mr. Roberts. Motion carried 5-0. --8-- Seconded MINI~ES REGULAR CITY COUNCIL MEETING FEBRQARY 20, 1975 LEGAL, eont ~d. O~d. ~75-9, eont'd. Mr. Harmening moved passage of O~d. ~75-9 as amended on first reading; seconded by Mr. DeLong. Motion ca~ied 5-0. Resolution No. 7~-J M_~. Anderson ~ead Resolution No. 75-J appointing John W. Baz~ett Building Official at a salary of $14,510.40 a year~ with cam allowance of $1,200 per year. Mr. DeLong moved fo~ adoption of Resolution No. 75-J, and it was seconded by Mr. Wallace. Motion carried 5-0. Resolution No. 75-K Mr. Anderson read Resolution No. 7D-K amending existing Pay Plan and job classif ications. Mr. DeLong moved for adoption of Resolution No. 73-K and it was seconded by Mr. Wallace and carried 5-0. Resolution No. 75-L Mr. Anderson read Resolution No. 75-L, amending Rule VIII of the Civil Service Rules. M~. Ha~mening moved for the adoption of Resolution No. 75-L, and DeLong seconded. ~Iotion taxied 5-0. M~G DeLong stated there should be a separate ~esolution to amend the pay plan. o~dinance No. 7~-10 _ Amending Ord. 72-28 M~. Anderson read O~dinance No. 7~-t0, amending C~dinance No. 72-28 which adopted the present City budget~ in its entirety. Mr. Roberts moved for the adoption of o~dinance No. 75-10 on first ~ead- ing~ seconded by M~. Wallace. Motion ca~ried 5-0. Resolution No. 75-M M~. Anderson read Resolution No. 7D-M, changing a street n~me in Rolling Green Ridge¢ 1st Addn. Mr. DeLong moved for the adoption of Resolution No. 7~-M; seconded by Mr. Roberts. Motion carried 5-0. -9- MINUTES REGULA~ CITY COUNCIL MEETING FEBR%RL~Y 20, 1975 LEGAL~ cont' d. Resolution No. 75-N Mr. Anderson read Resolution 75-N~ oppoSing proposed legislation estab- lishing a County-wide building code. Mr. Harmening moved for the passage of Res. ~73-N~ seconded by Mr. DeLong. Motion ca,tied 5-0. Mayor Jackson ~equested a copy be sent to Rep. Moudry. Mr. Anderson stated, in reference to the litigation involving Cha~ter World~ that Mr. Simon s~nd he reviewed the file: and pet±tloner- may have some merit to complain - possible procedural errors. Mr. Ha~mening moved to turn the property known as ~_arter World over to the Planning & Zoning Board to zone this properly; seconded by Mr. Wal- ~e. MO~ion ca, tied ~-~.~Mr~. Jack, on, and ~M~.~ Mr. Harme/~ng sta~ed %he p!a~nt~ff alleged procedural errors Dy the Cou~ucil and zoning rules and regulations were not adhered to and ap- plied. If we turn this ove~ the the Zoning Board this renders one point of the lawsuit moot and the City would benefit thereby. Mr. Wallace asked if this was legally binding. Mr. Amderson said as far as .t~h~ correction of procedura~l error, this would hopefully take away the fiery swo.~d Charter World. has; and they will be able to develop,their, prop?try mn accordar~.e wroth ~nat ~they . think is just and reasonable, Th, mr reason for sumng would pernaps oe removed and the issue before the Court would become moot. Hoper-ally it would solve the p~oble~u OLD B~SINESS Site for New Library (On the table) Mr. DeLong moved that the Library item be removed from the table~ sec- onded by Mr. Harmening. Motion carried 5-0. Mayor Jackson read the Question voted upon at the December 5th referen- ~m in regard to the LibraZg being built on p~operty presently owned by the City of Boynton Beach. She also referred to minutes of the Recreation Board of March 27, 1972, in which they suggested that the handball courts be located between the Scout Hut and the Basketball Court. Mayor Jackson also read the attached letter from the Chamber of Commerce ~_ which they asked be made a part of these minutes. Mr. DeLong moved to accept subject and spread it upon the minutes. Mo- tion seconded by Mr. Harmening and carried 5-0· -t0- MINU~ES REGULAR CITY COUNCIL MEETING FEBRU~AMY 20, 1973 OLD BUSINESS, eont'd. Mayor Jackson also read a letter from the Chamber of Cc~merce dated September 12, I972. M~. DeLong moved that this item also be spread upom the minutes$ seconded by M~. Wallace. Carried 5-0. Gerald Skinner, 722 SW 27th Way, stated in comparing the school systems and waste in money, he felt the recreational facility money is being used properly. He had noted 35 to 85 kids, both black and white, con- stantly usi!lg the facilities, and was opposed to having the handball cou~t ~emoti~hed. Mr. Robez4fs ~st~ted they had met last night with the Recreation B. oard and Library ~a~d, and it was nev~. the intention of this Council to eliminate ~ ~eereationat facilitzes. They are in favor of keepJ_ng the faciliti~s ~and hoping to expand when the new budget comes up. want~ecl tQ ~e~ the handball eotrrt ap. proxxmately template ~ ,~e ex.oenditur.e. The ~de.a of demolishzng it was alscaraea. He said ,he d~d :not believe it was the intent of anyone.on the Cc~hucil to demo%lS~ ~e-handball couP. Move it - Yes. Demolzsh it - No. Mr. ¢t&~k ~'he had ta~lked.to two movers and they can move and relo- cate the s~c~e, and put it on a new foundation for $5,950. Mr. DeLon~g ~k~ed~ the City En.gineer. as to the soundness o£ the construc- tion.of the:handball cou~t, ~that is the slab and reinforced walls. Mr. Clark said it could be.jacked up and moved like a house. There should be no damage. He did believe the proposal should be lower. Mr. F. C. Van Deusen s~id he understood the t. ennis and handball eou~ts were to be moved to the pa~ng Iot. In movmng them 350'~ would that be east? Mr. Harmening answered, in an easterly direction, not due east. Mr. DeLong stated what has to be done will be done. Mrs. Evelyn Rohrback, 2857 SE 1st Place~ asked why we cannot construct a new library on the present site, and move this building to another location, and build on to it. Mr. Roberts stated he would p~efer to go along with the Recreation & Parks Board. Fred Kostner, 140C High Point Blvd.: stated he would be opposed to any site for the library in the City complex area. The proposed library must be placed on City property presently owned. I feel it is a terri- ble mistake to put this in any area of recreation. A condemnation pro- cedure might be utilized. -ll- MIA~dTES REGULAR CITY COLH~CIL MEETING FEBRLLARY 9_0, 1975 OLD BUSINESS~ cont'd. Mr. Wallace stated the property at Seaerest and Ocean is not laz~e enough: but there might be a possibility of buying on the co~ner for parking. Mr. Kostner said any libra~ will be a braneh~ planning on future popu- lation. Keep the recreation a~ea intact and p~eserve the playground. Put the tibra~y in another place. Mr. DeLong asked, according to the Planning and Zoning o~dinance, if this had been put to them for their reeonrnendation. Fir. Vastine stated there was no ~eeord in the Planning & Zoning Board that this was officially b~ought to them p~ior to the action. The handball court never came to the Planning ¢ Zoning Board. Refe~ this back to the Board~ and they will come up with recommendations. Mr. DeLong moved that this item be forwarded to the Planning & Zoning Board fo~ their recommendation. Seconded by ~. Harmening. Mr. Wallace said a 9~eat number of people came tonight for a specific answer to a specific problem. Mr. DeLong said he did not understand ~h. ow they could bypass the p~o~ visions of th~ Planning and Zoning Ordznance. How could we take action if the Boa~d is specific on sites to build public buildings. Mr. Anderson said this is the correct procedure° Mr. Wallace asked for a specific'time. M~. Vastine stated they were planning a workshop meeting Friday night, and would have it back next week. M~o Ha~mening asked the City Engff-neer to check further on moving prices just in case we devided to move the handball court. Motion ca~ied 5-0. Mr. Wallace asked i~ the Council would go a!ong~ and ask the Attorney's interpretation of whethe~ the City could purchase proper~"~ adjacent to City-owned property~ and leave the door open on the possibility that the property could be purchased. Mr. Harmening asked if they oould have further clarification of using othem ~unds. Mr~ Anderson replied, Yes. Stephen Kochakian, ~525 S. Lake Drive, stated he was a licensed Elec- triea! Contractor~ and said it would cost an additional $1,5OO to tight the facility if it is moved. --12-- MINUTES REGULAR CITY COUNCIL MEETING PEBRUARY 20: 1975 OLD BUSINESS: CONT'd. Buddy Stuart, 125 S. ~. 25th Ave., member of the Recreation & Parks BoaTd~ said the Board changed their th/nk/ng on the location of the ha~dba!l cour~ Since the m/nute action referred to earlier. Use of City-owned Property on U. S. ~1 Mayo~ Jac~on asked to strike Item B f~om tb~ Agenda. Mm. DeLong made the motion to str/ke Item VII B from the Agenda at this time; seconded by Mr. Wallace. Mot/on carried 5-0. Approval of Plats of Mango Heights and Mango Heights, 1st Addn. (On the table) It was agTeed to leave Item VII C on the table. ~W BUSINESS Rid Litter DaM PTog~am Mayo~ Jackson sta-~d-~im' Patterson of Recreation Dept. and Dick Ca~den of SanitatiOn, agreed to take charge of the Rid Litter Day project scheduled for April 14th. Mr. Wallace made a motion that the two people named be put in charge of the Rid Litter Day Prog~em. Seconded by Pku. DeLong. Motion car~ed 5-0. Request o~Gra__ham Grace_y Mayor Jackson reviewed the facts regard/ng the assessment: and stated Mr. Graeey's lot is not between 7th and 8th Avenues~ it iS between 8th and 9th Avenues. Mms. Br~inkman owns 46 and 47~ which is no~th of 8th Ave. Mr. Wallace asked that this be referred to the City Manager for recom- mendation~ to bring them up to date. Mm. Wallace made a motion thatthis be referred to the City Manager for study and report; seconded by Mr. DeLong. Motion ca~ied 5-0. Single Voter Registration M~. Roberts made motion to table the next item, VIII C. This was second- ed by Mr. Wallace. Motion eal~ied 5-0. ADMINISTRATIVE Report by Acting City Manager Mm. Hopk/ns s~ated we can anticipate sufficient water for ! to 1~ years, under normal conditions. Concultants will subm/t modification. As to waste water~ he refezTed to a g~aph, On eurg~ent basis~ we can last through November or Deeember, and by then we should have completed con- struetion. This should take us through the latter pa~t of 1975. (Report attached. ) MINUETS REGULAR CITY COUNCIL MEETING FEBRUARY 20: 1973 ADMI~STRAT IVE ~ eont' d. The City Engineer stated ther~ are other cities to be considered l~ke Hypoluxo and Ocean Ridge, and we should concentrate on facilities to keep up with the demand. Fr~. Wallace asked what is the true picture as to what is to be done if we stop infiltration. Mr~ DeLong stated with our present plant and that anticipated addition- al with the present density, would this take care of service within the present boundary lines of the City? Mr. Hopkins said - Yes. M~. Roberts suggested they look at the last section relating to avail- ability of utilities. Mr. DeLong suggested a hold on lifting of the moratorium until the next meeting or until we have a report from the Attorney. Mr. Marmening said if we lift it, how many permits do you thinkwe will get? Mr. BarTett answered - Applications for 200 to 250 residential units within the next few weeks. Mr. Preidtsch, 6590 N. Ocean, Ocean Ridge, stated we have already cc~- pleted a vested interest into our sites and we would like issuance of our other 7 permits. We would like to continue building. Mr. DeLong asked Mr. Barrett if this has been approved. Mr. Barrett said he will check it out. Bring report back next Tuesday. Request ,o_~_Conm~unity Re_!a_tions Board Mr. Wallace moved that Norman Hands be put on the Community Relations Board. Seconded by Mr. DeLong. Carried 5-0. List of Payments made in January Mr. Wallace moved the List of Payments be approved~ seconded by Mr. DeLong. Carried 5-0. Approval of Bills Kemeo Enterpz~ises~ Inc. - Cemetery Building Hawkins & Hamilton, C.P.A. - Audit Gondas Corp. -Pump S Conveyor per bid Neptune Meter Co. - Meters Mr. Wallace made motion that the above bills be paid$ DeLong. Motion carried 5-0. $ 11,700.00 1~692.00 3~848.00 4,082.96 seconded hyMr~ MINUTES REGULAR C~TY COLiNCIL MEETING FEBRUARY 20~ 1975 Mr. Roberts stated, after elinrinatin9 quite a few applications for City Manager~ they have decided that Frank Kohl should be appointed, and hope it will be more than a trial period. He feels Mr. Kohl is capable. ~. Roberts moved that Frank Koht~ 518 Hawthorne Drive~ Lake Park~ be hired as City Manager. I would suggest a salary of $17~000 per year plus $1~00 a year car allOWance. Seconded by Mr. Wallace. Motion ear- ~ied 5-0. M~. DeLong Stated he would like to take up at the next meeting the Wil- son Center lots. Mr. DeLon~ made a motion that the City Attorney be instructed to repre- sent the City at the Civil Service hearings, it was seconded by Mr. Harmening. Motion carried 5-0. Mr. DeLong asked a resolution be prepared an~ forwarded to F.I.N.D., stating the City's interest in having the lots south of Hampshire Gar- dens deeded to the City up~h expiration of spoil area period. He also mentioned spoil area north of Lymans. Motion seconded by Mr. Wallace~ and ca~ied 5-0. Mayor Jackson i~vited the members to attend an organizational m~eting of the Community Appearance Board. F~. Roberts asked that the P~by parcel be vacated or pay rent. Mr. Harmening asked the Acting City Manager to contact County in regard to getting rid o~ abandoned automobiles. ADJOURNMENT Mr. Wallace moved the meeting be adjourned. tied 5-0. M~. DeLOng seconded. Car- CITY OF BOYNTON BEACH~ FLORIDA -15- MLNLITES REGULAR CITY COLINCIL MEETING FEBRLL~RY 20~ 1973 -16- ; ~ ;,z ; 7'ty NOETH J::EDERAL H,tG,HWAY: ~ BOYNTOJ~ &F. ACH,~ FLOJ~IDA 33435 '~TELEPHONE 732-gr50'[ ~oos~ ~urson ~ W±!iiam Deion~, Joe Fenton ~ Don Keiiy ~ Joe Kirtcn, ~ath!een Suites ~ Wittkop ~ 2~dy Ohamber of Commerce ~ngineer is indicative of what x~-e sit-,It as to reserve capaci~ for ~he ne~ ~etve (IZ) to twenty-four(24) However ~ this too could~eatly be ~zected by variables such as ts g of new Vzmte~ mnct server r ate~ day to day trends and clevelopmen%s so that ~ve do not ~re~te overloading cona~t~ons a~ e~er ~ ptan~ or ~e w~t~ter treatment plant . . I ~o~d recmmend tha~ as you ~ive cons~deratio~ to Iffting. the buitdin~ _~ora%orium that ~om give consideration to issuing bmilding permits s~c~c stipulations feinting to ~tne awa~b~I~y of ~c~l~txe~ as a safe~ard for ~ne protectSon of the bnilder ~s well as the City of Bovnton Beach., Harold _~. i-!o,okins, Interim City AIanager CC: Cle ~ _ City ~k