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Minutes 06-05-79
MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AT 215Y HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE SD 1979 AT 7:30 P. M. PRESENT Edward F. Harmening, Mayor Betty Riscoe, Vice Mayor David Roberts, Councilman Norman P. Strnad, Councilman Walter ~Mart~-" Trauger, Councilman Peter L. Cheney~ 2ity Manager Tereesa Padgett, City Clerk James W. Vance, City Attorney Mayor Harmening welcomed everyone and called the meeting vo order ay 7:30 P.M. ~e announced the Invocation tonight will be given by Rev. DouGlas H. Smith~ First United Presbyterian Church. and immediately following the invocation, we will have the Pledge of Allegiance to the Flag led by City Manager Peter L. Cheney. He requested everyone to please ris~. Mayor Harmening announced that a Special Meeting was held by the Council to canvas the vote and at that time, our newly elected Councilman, Mr. Walter "Marry" Trauger~ was sworn in. AGENDA APPROVAL Mr. Vance requested the addition under Legal, Item D, Other: A Recommendation Regarding the Matter of a Recenv Case Involving the City, Riscoe vs. City of Boynvon Beach. Mr/ Roberts moved the adoption of the agenda as corrected~ seconded by Mr. Strnad. Motion carried 5-0. MINUTES Regular City Council Meeting - May 16~ 1979 Mrs. Riscoe moved vo accept the minutes of the Regular City Coun- cil Meeting of May 16, 1979, seconded by Mr. Roberts. Motion carried 4-1 with Mr. Trauger abstaining because of nov being a member of the Council at that particular time. Special City Council Meeting - May 30, 1979 Mr. Roberts moved vo accept the Special City Council Meeting min- utes of May 30, 1979, seconded by Mrs. Riscoe. Motion carried 4-1 with Mr. Trauger abstaining having nov been s Councilman au the start of that meeting. PUBLIC AUDIENCE Mr. Joe DeLong, Hampshire Gardens, stated the past special election was sufficient proof our City Charter is outdated and outmoded, which is to be expected of an instrument approved in 1947. Immedilate steps are needed to remedy our City's election procedure, especially a clear and concise procedure to replace a Councilman in case of MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JUNE 57 1979 death, dismissal~ resignation, etc. During his term, he did recom- mend six items to be voted on by the people, but these were defeated as a result of an effort spearheaded by the same ind'ividual who has held back the City during the past few years. The City will be best served by modernizing the City Charter. Three of his previ- ous propositions should be presented to the vouers again. The first is the elimination of the primary elections since these are inconvenient, create repeated action and are an unnecessary ex- pense. The second is ro have an independent vote ~or the office of Mayor for a ~erm of at least uwo years to become effective Jan- uary, 1981. He referred to experience bein~ needed for certain duties and stated under the present term, the Mayor just gets seated and the office must be vacated. He read a list of neighbor- ing cities which eleet their mayor independently and stated this system must have merit and he questions why Boynton Beach should remain in the past. The third proposition is to hold our City elect/on the same day as the State electiom, which would reduce the amount of elections and would be an incentive for more citizens to vote. These propositions will eliminate the inconvenience, unnecessary action and extra expense. He is sure ii these are presented on the ballot at the next general election~ the voters will appreciate it. Mrs. Lenona Benoit, 518 S. E. 1st Street~ read a petition signed by neighbors in this area objecting ~o the noise pol!ution from the F.E.C. Railroad. They request the Ciuy Council to take the necessary action to prevent excessive blowing of the trains~ whist~es~ especially at night which is detrimental. They realize precautions are neoessary for safety; but after the engine crosses, the remainder of the train is almost invisible. They sugges~ having lights or reflectors on the ears instead of blowin~ the whistle. Also~ the speed limit should be enforced. They would appreciate anything which can be done. Mayor Harmening replied there was a bill before the Legislature eliminatin~ the mandatory blowing of whistles au guarded crossings, but he d~es not know the disposition of it. Also~ there was a state law tha~ a train had vo blow the whistle at all grade crossings. Mrs. Benoit 2on- eluded that perhaps a letter sent by the City would help. Mr. Bob Riley, 342 S. W. 4th Avenue~ referred to attending the past vwo meetings and stated at the first meeting~ an investigation was authorized into the situation of the flooding in Mango Estates and ar the last meeting, it was stated an attempt would be made to clean out the area. He told about contacting the General Ser- vices Department and being told they had no word about this drain- age problem; but when he advised tha~ the residents would be pre- sen~ at this meeting, they came out yesterday morning. He does not see why a resident has to plead for what was ordered by the Council. Now, applications have been made for variances in this area and until some aetiom is taken on the drainage, he requests -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA gl]NE 5, 1979 the City Council to institute a moratorium on building in Mango Estates. If any more homes are constructed~ it will add to the probIem. Mavor Harmening asked Mr. Cheney if he had any communication with the General Services Department regarding this and Mr. Cheney plied at the last meeting, he indicated a report would be made after reviewin~ the various alternatives. He would hope to have that report by the next meeting addressing three or four alterna- tives. He explained it was important to find the most effective method at the least cost. Mr. Bob Riley referred to the possibility of having heavy rains again and stated he feels there should be a building moratorium in this erea to prevent further removal of soil needed for drain- age. Ne is asking the Council Eo place a moratorium on building unnil the cost feasibility on drainage in this area is obtained. Mr. Strmad replied that he understands this problem end asked the City Attorney if a moratorium on building in this particular area could be put into effect until this problem is corrected? Mr. Vance informed him that anything going in would require site plan approval which would involve acceptable drainage. Mr. Riley stated this was required previously and look at the results with the flooding. Mr. Vance continued that obviously there is e special problem in this area and any plans would be reviewed closely. If someone can provide the proper drainage~ it would be difficult to declare a moratorium. Mr. Riley advised that lots are being staked out.whieh variances have been requested for and Mr. Vance requested Mr. Clark to comment on the drainage which will be provided. Mr. Riley stated the people would feel safer if there was a moratorium and Mr. Vance informed him there were problems declaring s mora- torium unless the situation is impossible to live with. The Engineering Department would require the drainage to meet standards. Mr. Vance requested Mr. Clark to comment. Mr. Clark stated he could understand Mr. Riley's concern and then fully expleined how the design criteria addresses the drainage with the grades ?or the streets and floor levels having to accommodate the various storm levels. Mayor Harmening stated if the requested infommation can be sub- mitted Yo make a determ/nation what would be required to aid the existing property owners in this area, he thinks we 2an arrive at a reasonable solution to this shortly and hopefully before the hurrieamseason gets far underway. Mr. Cheney informed him that he anticipates having this report for the next meeting. He added that in megards Yo a moratorium, the question is whether a lot owner can be expected to solve past drainage problems. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1979 Mr. Bob Leder, 419 S. W. 4th Avenue, referred To purchasing his home in July 1973 and stated at that time, KAM Construction was developing the whole block of homes. The drain system presently there was installed and approved by the City in January, 1972. In July, 1973, we had a similar storm to what occurred in April, but it did not gee ~o the level like the !as~ storm and at that time~ Mr. Clark came out and assured him the drain sysEem wes designed to handle a hurricane and 12 to 14 inches of rain. How- ever, at that time, there were no homes built on 5th Avenue or 5th Court. More homes have been built and they do not have the area ~o absorb the water. The situation will get worse with more development. They plead with the City Council to pup on a building moratorium until this situation is rectified. BIDS One (1) New 1980 Ambulance (PiPe Department) Mr. Cheney informed the Council that they recommend awarding the bid to E. V. Fi, Inc. of Lake Park in the amount of S27,951 for an ambulanee meeting all standards for the Federal and State ~ov- ernmen~. Four bids were received and this was the lowest price. He recommends the City Council approve this low bid. Mrs. Riseoe moved to accept the bid from E. V. F., Inc. for the total of ~27,951 for an ambulance for the City. Mr. Trauger seconded the motion. Mayor HePmening clarified it had been moved and seconded to accept the bid from E. V. P., Inc. for the total of ~27,951 for an ambulance with delivery within 90 days after receipt of 2hassis. No discussion. Motion carried 5-0. Containers (Sanitation Department) Mr. Cheney referred to these containers being of a variety of sizes and advised that three bidders responded. It is recommended the bid be awarded to Hesco Sales, Inc.~ of Hialeah, Florida, since they were the low bidder. There is a maximum amount of money bud- geted which 2ould be spent fop these containers and it will be within the budgeted funds. Mr. Trauger questioned the number of containers and Mm. Cheney informed him e dollar amount was given for a variety of containers with the variety to be chosen depend- ing on what is needed. Mr. Roberts moved To accept the recommendation of the Tabulation Committee and award the bid To Hesco Sales, Inc., of Hia!eeh~ Florida. Mr. T~auger seconded the motion. Mavor Harmening clari- fied it had been moved and seconded To award t~e bid to Heseo Sales, Inc. for containers for the Sanitation Department with the prices bein~ g202 fop 2 cu. yd. 2ontainers, $261 for 3 cu. yd. containers, $298 fop ~ cu. yd. containers, g407 for 6 cu. yd. containers, and $460 for 8 cu. yd. containers with a 30 day delivery time. No discussion. Motion carried 5-0. -4- MINUTES - REGULAR CITY COUNCIL MEETING B©YNTON BEACH, FLORIDA JUNE 5, 1979 Tree Removal - Lethal Yellowing P~ogram Mr. Cheney refemred to the recent ordinance passed by the City Council and advised two bids were received for removal of the trees withlethal yellowing, It is recommended to accept the bid from The Growing Concern of Lake Worth at the price of $24.40 per tree. Another bid was received from the Intrastate Tree Service at $!.00 per foot. It is the ~udgment the bid from The Growing Concern lis the better bid and it is recommended to authorize acceptance of that bid. In conneetion~ with this program, an operational state- ment is being prepared how this will be handled and this will be presented to the CityCouncil. Mr. Trauger questioned if the trees with lethal yellowing would be covered on both private and public property and who would be making the payment? Mr. Cheney informed him that on private property, the private owner will have to pay to have it removed. This price has been bid: so we know What is available. If the City wants to use this company for removal of trees on public property, we can do so at this price also. Mr. Strnad questioned at what level the trees would be cut and Mr, Sullivan informed him at ground level. Mrs. R/scoe moved to accept the iow bid, seconded by Mt.Roberts. Mayor Harmening clarified it was moved and seconded to accept the low bid from The Growing Concern of Lake Worth, Florida, in the amount of $24.40 per tree. No discussion. Motion carried 5-0. Removal S Hauling Sewage Sludge Mr. Cheney referred to three bids being received and stated the low bidder was Fmenz Enterprises, Inc. at the price of $12.887 per 1000 gallons. The second price i~ $14.989 per 1000 gallons and the third price is $20.00 per 1000 gallons. It is recommended the bid be awarded to Frenz Enterprises, Inc. of Fort Pierce. Mr. Roberts asked if this would be paid fom by the utility funds and Mr. Cheney replied affirmatively. Mr. Roberts moved to accept the recommendation of the Tabulation Committee and accept the low bid from Frenz Enterprises in the sum of $12.887 per 1000 gallons for the removal and hauling of sewage sludge. Mr. Trauger seconded the motion. No discussion. Motion carried 5-0. Vehicle Towing Service Contraet Mr. John C. Gesch, 2642 Forest H/ii Boulevard, West Palm Beach, attorney representing Boynton Wrecker Service, Inc., stated he would like to point out some facts to the City Council before they reach a determ/nation of this bid. He read sections of the specifications for bid and pointed out there is much more to this bid than the amount of the bid itself. He referred to the require- ment of the bidderTs facilities being inspected and stated to date, the other bidder does not have a storage compound within the City limits of Boynton Beach, but is based in Delray Beach. -5- MINUTES - REGULAR CITY 2OUNCIL MEETING BOYNTON BEACH~ FLORIDA JUNE 5~ 1979 Mr. Gesch pointed out that Item ×-F was the request for a mobile office by Zuccala Wrecker Service. He referred to the various services bid on and stated the basic bid amounts were ~21.00 by Zuccala and $30 by Boynton Wrecker Service. This may tend ro be misleading if considered for the amount of a base rate bid. The average tow in Boynton Beach has been $35. The reason for this is the excessive list of extras which the City Council will find on the bids listed below the basic rate bids. The Delray Beach basic rate currently is $38 which reflects the inaccuracy of the S21 bid. To make a reasonable profit on towing service, the additional is made up by extras. Mr. Geseh referred to prompt and adequate service and stated the facilities and equipment must be considered for this. Zuccals has five wreckers in Delray Beach and Boynton Wrecker Service has ten wreckers at five established businesses in Boynton Beach. Zuccala has four wrecker drivers~ while Boynton Wrecker Service has 17 drivers available and towing. As to prompt and adequaEe service~ Zuccala has built up a record for past towing services whereby he has missed 40% of his rotation calls during 1~ years, which are only missed when a person refuses or is unable Eo be located. Zuccala built a record of non-performance as a member of Boynton Wrecker Service and only withdrew from Boynton Wreeker Service on the day the bids were due. Mr. Gesch stated the Boynton Wrecker Service has a fulltime answer service, fulltime secretary and bookkeeper. There is no indication Zuccala has any bookkeeping or record keeping system established. Two of the four men of Boyn~on Wrecker Service have performed ser- vice for the City for the last nine years and their record speaks for itself for prompt~ reasonable service. Mrs. Riscoe referred to Zuccala withdmawing from the corporation and asked if the corporation was intact and Mr. Gesch replied af- firmatively and explained that the four shareholders left acquired Zuccala~s interest. Mr. Trauger asked if Mr. Zuceala is a resident of Boynton Beach or Delray Beach and Mr. Gesch replied that he does not know, but his place of business is in Delray Beach and he is attempting to locate a temporary place of business in Boynton Beach. Mr. Roberts referred to this not being the first time this matter was before the Council and stated he recalls we retained Boynton Wrecker Service because of outside people coming into the City to get established~ who do not have a place of business but were depending upon this particular award to become active. He thinks we should look into this thoroughly before this bid is accepted~ even though it is slightly lower. There are various figures listed. Has the place of business and equipment been examined and is it adequate? Mrs. Riscoe asked if he was suggesting this be tabled until we get the facts and Mr. Roberts replied these facts may be given tonight. -6- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA gIJNE 5. 1979 Mr. Drew Zuccala, 3601 North Federal Highway, stated the questions and answers brought up ton~¢ht are irrelevant. He does have a com- pound whi2h is renEed and it is qualified. Ail of his trucks have been checked by the Police Department. He is certified by the Hioh- way Patrol and Police Department. At ~21, one company can make a lot of money. This priee is profitable with one company doing it instead of several. He is fully qualified and has the equipment. He has lived here for 15 years and is a director on the City of Boynton Beach Jayeees. He has established a record in this City. Mayor Harmening questioned his response to Mr. Gesch~s statement that he responded only to approximately 40% of his calls when a part of Boynton Wrecker Service' and Mr. Zuccala replied that Boynton Wrecker Service works through an answering service and he has his own dispatching syst~m~ If he cannot fulfill the specifications, he will back down. As the low bidder, he feels he has satisfied everything in the conEract. Mayor Harmening again referred to the record of his response being approximately 40% and Mr. Zuccala replied that these records were not brought ro his attention and they are not accurate. Mr. Gesch dlarified that Mr. Zuceala missed 40% of his calls and Mr. Zuccala disagreed. Mr. Gesch stated he has the records which can be presenEed and Mr. Zuccala replied he could also show his records. Mr. Zuccala continued that the conglomeration was not formed until the papers were signed a few weeks ago. He has a 24 hour wrecker service and that is all he does for a living. He is s member of the professional association. He does not do any body work or mechanical work. Mr. Roberts asked if he has a location in Boynton Beach and Mr. Zuccala replied affirmatively, at 905 Railroad Avenue. Mr. Roberts asked how long he had been at this location and Mr. Zuecala replied that he just rented this yard. Mayor Harmening requested Mr. Cheney~s recommendation and Mr. Cheney replied that as can be seen from the information submitted, three bids were received for the proposed wrecker service. One bidder has withdrawn his proposal and we are recommending the bid be awarded to Zuccala Wrecker Service who is the overall low bidder. Zuccala Wrecker Service has a request before the City Council for permission to locate a mobile office within a fenced in area at 621 Railroad Avenue which is the site from where his wrecker ser- vice will operate. I~ appears that Zuccala Wrecker Service con- forms with all of the specifications within the bid document as advertised. The staff has looked at the wreckers and site. He did ask Mr. Zueeala what would happen if he doesntt get his quest approved for the temporary trailer and he indicated he would have a telephone there, but a trailer would make it more convenient. -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLO~DA JUNE 5, 1979 Mr. Cheney referred to there being a long b~story on this~ but ad- vised he has not reviewed all the past times it has been advertised. He would be glad To respond to all the comments from the attorney~ but could not do so in depth tonight. Since the bids have been out for a long time, he believes if the bidder thought they were not properly written, we would have been advised before the opening of the bids. He does not know about the 40% missed figure. He gathers there has been some confusion operating on a rotating call system. Possibly the entire records of all the companies should be researched. He understands Zuccala has been working in the City. The specifica- tions say he must have s site, not have had a site. For all these reasons~ he thinks Zuccala conforms to the documents as advertised and recommends approval. If the attorney wants all the questions answered in detail~ he will do so. Mr. Gesch referred to the equipment being approved and stated that Boynton Wrecker Service is in a position to make every piece of their equipment and every man available To the Comsmission to review. He also thinks review of their record deserves attention. Zuccala has never operated any service calls from 905 Railroad Avenue. Zuccalats theory is if he gets the bid, he might get the site and might get a lease. He does not believe Zuccala has a lease for this propemty. Mr. Trauger stated he has listened to this previously as s member sitting in the audience. He referred to wanting to provide Boynton Beach business with the opportunity in the past and not bring in someone from outside and sTaTed he favors encouraging businesses in Boynton Beach. This is a small City and he feels we should encourage local businesses. Mr. Roberts referred to the specifications requiring an established past record of performance and having the required equipment and organization and stated he would hestiate to award the bid on this basis To Zuccala. Mr. Zuccals agreed that a number of qualifica- tions are stated and stated the contract can always be taken away from him if he doesnTt perform. He has qualified to the Police Department and has been in business for three years on his own. If he does not perform~ he feels he should then be disqualified and taken off. Ne does have the proper facilities and equipment. He has met the requirements and specifications. Mr. Strnad questioned how someone could come into the City to bid and also have a record of past performance in the City? Mr. Gesch informed him the purpose of that provision is Eo assure prompt adequate service at reasonable rates. It is not the purpose of the contract to give a chance to a person to start, but to perform a service to the City. ~r. Strnad replied this did not make sense because if a man does nor get a chance, how can we tell how he per- forms? Mr. Gesch replied that Zucca!a can apply next year after establishing himself. Mr. Strnad questioned how he could establish himself without doing the job and Mr. Gesch replied there are other towing jobs than what the City has. -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 5, ~979 Mrs. Riscoe moved ro accept the low bid of Zuccals upon the recom- mendation of Mr. Sullivan since the specifications have been met, the,Police Department has checked the equipment, the Building De- partment reviewed the location, and the LScense Depar~menE indi- cated all is in order. Mr. Strnad seconded the motion. Mayor Harmem/ng clarified that it has been moved and seconded To award the towing service contract to the low bidder, Zuccala. No dis- cu~sion. Motion denied 5-2 with Mrs. Riscoe and Mr. Strnad votin~ in favor. Mr. Roberts moved Eo award the bid To Boynton Wrecker Service for one year, seconded by Mr. Trauger. No discuss~Dn. Motion carried 3-2 with Mr. Strnad and Mrs. Riscoe dissenting. PUBLIC HEARING - 8:00 P. M. NONE {ITE DEVELOPMENT PLANS NONE DEGAL Ordinances - 2nd Reading - Public Hearin~ Proposed Ordinance 79-16 - Re: Providing for the Prevention of Flood Damage, Providing Scope~ Permitting~ Interpretation, a Flood Hazard Map, Disclaimer of Liability and Penalties; Providing for Admini- stration; Providing Variance Procedures; Providing Standards for Flood Hazard Reduction~ Repealing the City's Existin~ Flood Control Ordinance Mr. Vance read proposed Ordinance No. 79-16 by title on second reading. Mayor Harmening asked if anyone in the audience wished Eo speak in favor of this proposed ordinance and received no ~espoDse. He asked if anyone in the audience wished to speak in opposition ~o this ordinance and received no response. Mr. Roberts moved the adoption of Ordinance No. 79-16 on second and final reading, seconded bM Mrs. Riscoe. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice MayoreRiseoe ~-.Yes Councilman Strnad - Aye Councilman Roberts - Aye Councilman Trauger - Aye Mayor Harmening - Aye Motion carried 5-0. -9- MINUTES - REGULAR CITY COUNCIL MEETING J~NE 5, 1979 BOYNTON BEACH, FLORIDA Ordinances - 1st Reading Proposed Ordinance No. 79-18 - Re: Amendin~ Chapter 30B of the Codified Ordinances of the City of Boynton Beach (Utility Systems) by Providing for Extensions, Replacements or Additions to Existing City Utility Systems Mr. Vance read proposed Ordinance No. 79-18 by title on first reading. Mr. Trauger moved to accept on first reading Ordinance No. 79-18, seconded by Mrs. Riscoe. Under discussion, Mr. Roberts stated the last time this was submitted, a lot of written-in sections were included and asked if all these were reviewed, refined and accepted? Mr. Vance replied this ordinance was reviewed by his office at a meeting of department heads called by Mr. Cheney and he thinks the format has been refined. However. he believes Mr. Cheney may have some eomments. Mr. Cheney stated he thinks it is refined quite a bit since being introduced. He thinks it needs some more refining and believes we should talk about it. He wants to be sure the ordinance responds to the policy the Council wants to put forth. He thinks we must address the question what is the rule of the City in working with developers as lines are extended. There are ques- tions about capital facilities charge and oversizing of lines. There is also need to work out the obligations when two developers come off the same major lines. He would like to discuss these further to be sure the impact is understood. A question was also raised when a developer pays a capital facility charge up front~ will they get reserved allocations? He would like Council feel- ing of the policy they want to follow. Mr. Vance replied that some of these questions are answered in the ordinance. He added that in the past, the City has been rather generous to ~evelopers in that the cost into the system has not reflected a fair and reason- able payment to the City for capital facilities which have been constructed in the past. A capital facilities charge is a charge Eoa developer for what the City has. The City has the water plant, sawer plant, transmission lines, etc. He referred to courts uphold- ing the right of the cities to require this type of charge and stated essentially this is what this ordinanc~ propose~ to do. Mavor Harmer~ng referred To having considerable capacity at the present time in our water treatment plant and explained how if all the development proposed and approved on Congress Avenue comes about in a relatively short period of time, then the capacity of the water treatment plant will be largely used up which presents a problem. If this happens, it would be necessary to increase the size or build a new treatment plant. In order To finance s new plant, we would have to have so much revenue and the rate struc- ture as presently constituted would not be great enough to borrow sufficient money ~ithout raising the rates. He explained fully -10- MILV3TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JUNE 57 1979 that it is important for the City to have sufficient funds on hand to construct additional capecity or a facility without increasing the utility rave. He added if the development is phased out over a longer period of time, the rate stz~ture is adequate to insure enough funds to borrow a little money to increase the capacity. Mr. Vance referred to the City guaranEeelng allocations to e speci- fied number of units if the developers pay their obligations up front and stated the ordinance requires any e~tension to be reviewed by the City Engineering Department or the consultants that it con- forms to the master plan. They would examine the napabilities com- pared to the nunzber of proposed units. He explained how ,approvaI would be based on the developer's presentation. Mayor Harmening stated the City has alternatives in order to accom- modate the individual and City. Mr. Roberts clarified that the idea of this ordinance is to update the charges and give us a little work~ng capital. Mr. Vance added that it is also designed to let our staff and consultants take a look at proposed developments. Developments have been approved and he believes we are reaching a stage when we must look at how much water is available, how much sewage capacity is available in an attempt To determine whether our systems can incorporate or should incorporate some developments. Mr. Roberts stayed he had not seen any problems when larger pipes are requested and Mr. Vance replied this has been a aegotiative item which consumes a lot of staff time since we do not have a set sYandard. Mayor Harmening referred to some people fmontending money wanting to be guaranteed a certain cumber of connections or capacity and stated this is the time to state our view in regard to this, so the City Manager can have a policy in which To follow a~ least for a short term. Mr. Vance stated in paying the capital improvement charge, it is based upon the numbe~ of units. Mr. Roberts questioned if there was anyt_hing detrimental and Mavor Haz~mning replied negatively and added that he has looked at it in detail and has no objections. He is very much in favor. However~ Mr. Cheney expressed the question regarding some g~idelines in relation to giving some people a certain commitment in ~erms of capacity when they frontend so much money. If something happens to the economy and the developer is not able ~o build after paying and someone uses the available capacity~ these people feel they should be guaranteed something. Mr. Roberts referred to having negotiations and Mr. Cheney replied the less negotiations on imporY- any costly items, the better off we all are. When the developer makes his commitment, he wants something to back it up with the official records of the City. Obviously there will be negotiations, -11 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JUNE 5, 1979 but the general direction should be established by ordinance and there will be less discussion and time spent over procedures. He stressed that we must be sure to have the capacity for the developments. Mr. Vance agreed this was an essential approach and the number of units mast be included to evaluate~ further requesEs. Mr. Cheney added that at the same time, we do not want to guarantee a certain number of units and then have the developer sit. around for the next ten years. The guaranEeed amount should be for $ certain period of tim~ so a larger plant is not built jusE for committed units. He thinks clarifications of this should be in- eluded in the minutes or ordinance. Mr. Vance replied that he has approached this with general guidelines in the ordinance plus in- eluded some specific amounts for various char~es. He explained that a simple contract could be entered with ~he developer. Mayor Harmening agreed this was probably the best approach with the developer buying so mu2h capacity based on their investment for s certain period of time. Mr. Vance stated he would discuss this further with the City Manager and the Council can proceed with first reading and he will submit any 'minor changes necessary. Mayor Harmening agreed and stated if any major changes were neces- sary, the ordinance could be re-read on first reading. Mrs. Padgett then took s roll call vote on the motion aa follows: Councilman Trau~er Aye Councilman Roberts - Aye Councilman Strnad - Aye Vice Mayor Riscoe - Yes Mayor Harmening - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 79-Z - Re: Granting Approval of Gulfstream Lumber Company for a Parking Lot for a Lumber Yard as a Conditional Use Mr. Vance read proposed Resolution No. 79-Z by title. Mr. Roberts moved the adoption of Resolution No. 79-Z, seconded by Mrs. Riscoe. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Strnad - Aye Vice Mayor Riseoe - Aye Councilman Trauger - Aye Councilman Roberts - Aye Mayor Harmening - Aye Motion carried 5-0. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA 0MNE 5, 1979 Proposed Resolution No. 79-AA - Re: In the Interest of Public Safety~ the Prevention of Crimes & the Prosecution of Offenders Mr. Vance read proposed Resolution No. 79-AA by title. Mrs. Riscoe moved to accept Resolution No. 79-AA, seconded by Mr. Strnad. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman Roberts Aye Councilman Trauger - Aye Councilman Strnad Aye Vice Mayor Riscoe Aye Mayor Harmening Aye Motion carried 5-0. Other ~ Recommendation Regarding the Matter of a Recent Case Involving the City, Riscoe vs. City of Boynton Beach Mr. Vance stated this is in connection with a recent case involving the City of Boynton Beach which was titled Riscoe versus the City of Boynton Beach. This involved a challenge to the recent Special Election held by the City. In essence, the circuit court upheld the validity of the election and the method in which it was eon- ducted; however~ in one mespect, the court ruled that the term of office for which the Special Election was held was not for the re- mainder of the unexpired term of the Councilman who resigned, but instead was until the next General Election. It is my recommenda- tion the City authorize me to appeal that portion of the court's decision. Generallv it's a rule of statutory construction that in construinc- a-legislative enactment such as the Boynton Beach Char- ter, the court should give effect to every provision of the enact- ment. It should hOE be assumed that the legislature~ in this in- stance the Council, no, in that instance the legislature, intended to enact analogy. In construin~ Section 17 of the City Charter in e this case~ the court ignored the words ~any unexpired term'T in~ ~uling the person winnin~ the Special Election would serve only until the next regular election rather than filling out the unex- pired term of the vacancy. We argued that such a ruling would have the effect of rendering a part of SectRsn 17 meaningless. We failed Es succeed. We should, therefore~ appeal because by our opinion, the cour~ is in error and the chances 6~ssuccess on an appeal would be good. A part of our rationalizatRon involved the fact that essentially any charter of any government that I have been associated with looks to the people To elect the members of their legislative body. Our Charter provides in the event of a resignation~ if an individual is appointed by the Council~ then -13- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1979 in that event, the appointment is only until the next General Elec- tion because our form of government desires to have people elect~ their representatives. However, our Charter, in addition, at least In our opinion, says if there is not an appointment~ that the Coun- cil cannot agree on an appointment~ and there is a Special Election, then in that event, the e~ected member serves out the term because the people have spoken; they have had an opportuniEy to vote. This is the way our Charter is established. We believe this particular proposition we have a pretty good ehanee of supporting this proposi- tion if an appeal is authorized. In addition, he would point out that the effect of the eourtTs ruling will be to create a state of confusion in the next General City Election. Ordinarily two seats for the terms of ~wo years would be up for grabs and all candidates would be munning for these seats and of course, we have a primary election. Under the courtTs ruling~ two seats for Two year terms will be open~ the other with a single seat for s one year Term. Confusion will be created'. There will be two kinds of Council seats open for the first time and people may have a problem know- ing who is running against whom. Additionally, it is possible there will be an inadequate number of candidates for the one year term because the same amount of money the candidate can run for a two year ~erm as for a one year term. To avoid the confusion in the election procedure of Boynton Beaeh~ he feels an appeal is jus- tified, in addition, when Council adopted the election proclama- tion, the candidates were told they were running for a two year term, but not quite, the unexpired portion of the ~wo year term. The court's ruling[ in effect, has reduced this term to seven months. We should appeal to indicate the expectations of the candidates who entered the race with the prospect of serving nearly a full Term. He requests an authorization Eo appeal. Mrs. Riscoe stated due to the fact this happens to have her name on the suit~ althoughc it was no~ her suit personally~ she does feel she would like to have Mr. VanceTs opinion and ii he doesn't ag-tee with the opinion she has already gotten, she will step down from the dias while the vote is taken. She does feel it would be a conflict of interest if she votes on this particular situation. Mr. Vanee replied that he doesn't know how involved she was with the suit; the suit was brought by Mr. Robert Riseoe~ who is her husband. He doesn't know whether her involvement was such as to cause a confl~et, but he does recall she voted against the proclam- ation. If she thinks she has a personal interest to the extent that she can't vote. Mrs. Riscoe replied that she feels she does have personal interest to the extent she cannot vote and she will have to abstain er remove herself from the dias while there is any additional discussion or voting. Mayor Harmening then excused Mrs. Riseoe if she feels strongly that she has a personal interest and recognized her right to abstain and presumes she feels she has a conflict. -14- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA gUNE 5, 1979 Mayor Harmening stated the question at this point is whether or not the Council wishes to appeal this ruling~ which you will recall: the City won three parts of the suit and one portion of the suit was denied the City and the plaintiff was given one portion of the suit, that portion regarding the length of the term. What's your pleasure? Mr. Strnad seated he personallythinks the proper way to handle this would be to request from the Elections Commission in Tallahassee and from the Attorney General to interpret our election rules as see down in the Charter. He thinks the whole thing was handled cock- eyed as far as he is concerned. He doesn't think the judge was right in his decision. He doesn't think the judge can make a decision as far as election laws go because it clearlv states that one of the things in our Charter which cannot be touched are the election laws and this can only be done~y s m~ndate of ou~ people. Therefore, he would say if we got the interpretation from the proper parties, the judge would probably be proven wrong in his decision. Unless there is a desperate urgency to do this, he requests we ask the proper authomities in Tallahassee to give us an interpretation of our Charter. Further, he doesn't know how long somethin~ like this would take to come to task. The election might come before it could even get on the docket. He doesn't know. Mr. Vance replied that we have a decision by a circuit court involv- ing this particular matter. A request to the Attorney General, one was previously made~ and he declined Eo rule because it was a local matter. A mequest to the State Elections Office would be totally and completely fruitless. It would have no effect on the judgment made by the eircuit court. The only method modifyim[qthat opinion is by an appeal to the district courT. He would a~so file a motion to expedite with the court aT the time he files the appeal because of the need to anticipate whether to have another election in seven months hence. Mayor Harmening replied this expressed his thinking on the subject and asked if anyone else had any suggestion. Mr. Roberts stated he would leave it to the Council, but as the attorney pointed out with two candidates coming up according to the Charter and a third one thrown in there for one year, who in their right mind would run for one year when they can run for two at the same cost. We will have one mess around here unless someon~ reviews the ~udge's decision because it makes no sense to the basic sections of our Charter. He thinks the proclamation states it specifically that it would be vo fill the term,©fh~ unexpired term, of a former Councilman. He believes the people were the ones to make the decision and they'made the decision. They voted! They voted~ regardless who won, they made the decision. There is no question about the golf course, but there is a question about the other thing. MINUTES -P~GULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1979 Mayor Harmening stated the Chair's feeling is the issue is ~uite clear. We proclaimed an election, we were taken to court and we won three points of the suit end lost one. It is his feeling from reading the Charter, it appears to be the City Attorney's opinion in his interpretation of the Charter, that the judge erred. The only way to correct this situation, if in fact this be the case, is to appeal the ruling of the circuit court to the District Court of Appeals and have the judge's decision overturned. Therefore- he thinks in addition mo all the problems that may be created, if this decision stands, he thinks it is ~ncumbent upon the Council to pursue this in order to fulfill the desires of the e peo~le~z~(.See minutes as expressed by the voters in the last election.' of 6/19/79) Mr. Roberts stated we have already cost the taxpayers $6,000 and he doesn't see any sense in accepting a judgment. There are many cases we have appealed and won, he wonTt start naminc them as it will take an hour or two. The ~act oi the matter is based on 2om- mon sense upon which law is based, it would seem to him To be in the best interest of the City and preventing any unnecessary costs~ he thinks we should appeal this case and he would so move. Mr. Trauger referred to sitting on the City Council and asked if he would be privileged to vote on this matter? Mr. Vance replied that he may not have to ask that question of him because we may have a majority of votes one way or the other without his vote. Mr. Strnad then seconded the motion. Mayor Harmening clarified that a motion has been made and seconded to appeal the decision of the circuit court in the Riscoe vs. the City of Boynton Beach lawsuit. Motion carried 3-2 with Mr. Trau~er and Mrs. Riscoe abstaining. (Mrs. Riscoe returned to the dias after the vote was taken - See Minutes of 6/19/79.) OLD BUSINESS Consider N. E. 10th Avenue Project Appraisal Procedures Mr. Cheney referred to this being in response to a discussion the City Council had at an earlier time and a decision made in the Comprehensive Plan and stated the County is ask~n~ the City Council to confirm the Comprehensive Plan proposing a major portion of N. E. 10th Avenue to be residential with con~nercial at the two main intersections. ~y reconfirm/n~ it, it means the County can go ahead with the necessary appraisal work to establish 2osts and at a later time see whether this project can proceed. Mrs. Riscoe moved that the City Manager be authorized to inform Palm Beach County officials that the City 2ouncil accepts the 10th Avenue land use developmenE pattern that clusters commercial land uses at the intersections of N. E. 10th Avenue with SeacresE Boule- yard and with Railroad Avenue; and which changes~ from commercial land use to medium density use, the land betWeen these commercial intersections; and which provides for the reconstruction of N. E. 10th Avenue within a 60' right-of-way, seconded by Mr. Trauger. No discussion. Motion carried 5-0. -16- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 5, !979 NEW BUSINESS Discuss Parking at Municipal Beach --Councilman Norman F. Strnad Mr. Strnad referred to not using the City beach very much recently, but advised in the past few years he has had many'people complaining that we are being over-run on our beach by people who are coming in and are not City residents. After talking to many people, it was thought possibly the part faming the ocean on the upper level could be kept specifically for the taxpayers of this City with stickers and let the other people paying park in other areas would be a great improvement and a lot of people would be happy. He~ like many other people, would have the opportunity then to be able to park for a short time to look at the ocean. However, when some- one pays $2, they are not parked there for just a short time. Many people like to park in their cars for a short time and just look at the beach and ocean. He suggests keeping the front half at the beach for the residents of our City and having others park in other areas. Mayor Harmening added that our present beach decals have begun to proliferate slightly and it might be worthy of our consideration to change the color of the decals and have new ones. Mr. Cheney informed him that we are in the process of preparing a proposed ordinance to do that. He plans to suggest an annual decal system with an annual 5t fee and the colors will be changed. This will be put on the agenda for the next meeting. Mayor Harmening com- mented that after a period of time, these decals do have the ten- dency to get out To people who like to go to the beach and Mr. Cheney informed him that 24,000 are outstandin~ right now. Mr. Cheney stated he could see some really difficult enforce- ment problem with Mr. Strnad~s suggestion. If we go ahead with that proposal and someone parks where they should not, what do we do about it? Possibly a portion of the parking area should be for short term parking instead of long term parking which might work out. There still may be an enforcement problem, but it 2ould be thought about as an alternative. Mr. Strnad suggested when the people pay at the entrance, they should be told by the gual~ they must park in a specified area. In order to s~isfy the wishes of the taxpayers, possibly another guard should be hired. Mr. Joe DeLong came before the Council and stated he just wanted To apprise the Council of the fact that Commissioner 3regory and he just dusted off the plans which we had in 1976 for an additional 174 parking spaces running parallel to the land the County owns. He told about plans to set aside a great portion for parking areas with shuttles running back and forth to the beach. Possibly the City Manager mould discuss further details with Commissioner Gregory. -17- MINUTES - REGHLAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 5~ 1979 Mrs. Riscoe suggested possibly designating a few short term parking spaces at each end to help those wanting to enjoy the beach for a few moments, even though it would be hard to enforce a time limita- tion. Mr. Trauger suggested g/ving a month's trial to Mr. Strnad's sug- gestion to keep the front aisle open for cars with Boynton Beach decals. When people pay at the gaTe~ the 9~ard should instruct them to park facing the highway down below. Mm. Louis Labrador, 1351 S. W. 25th Avenue, referred to this situa- tion affecting a good number of local people and told about being unsuccessful finding parking when he went to the beach several times, but finding the parking spaces full with out of town cars with some bearing Boynton Beach parking perm/ts. It appears that g2 per car does not mean that much. He believes the first issue should be the interest of the residents and taxpayers. He be- lfeves the parking spaces have been paid for by the uaxes paid by the local people. With the g2 fee, four people can ride in a car and pay only 50¢ each and this aggravates the local people who want to enjoy the facilities and their taxes support. The cars paying $2 should be isol~d in a certain area and when that is full, the people should be sent elsewhere. Also, the fee 'could be increased to $5 per car or charge $2 per person. He believes enforcement would be simple as the security people have wal~y-talkies and can communicate if a car is seen driving to the improper area. Whau is going To be done in the years to come with many more people expected to be living here? He thinks this is $ matter to be looked into, not only for the present but for the future. Mr. Strnad added that he also believes the rate charged to the people staying at motels is inadequate and instead of 25e, it should be raised to 50¢. -ADMINISTRATIVE Appoint Municipal Golf Course Advisory Committee Mr. Roberts suggested the Recreation DirecTor be on this comndttee and Mayor Marmening suggested that the City Manager also be a mem- ber. Mr. Cheney replied this was fine if they wanted to: however, he tends to think staff people should nor be on advisory committees, but should serve advisory committees. He thinks if a staff person is a voting member, they may play an extra role relative to what the citizens are saying. He thinks they should work 2lose with the advisory eomm/ttee, but not be votina members. Mayor Harmening suggested it be constituted on two levels with City staff members To act in their capacity and members of the Golf Course Committee to point out what the people want in uemms of the golf course. -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA gU/NE 5, 1979 Mavor Harmening suggested that three_members be appointed with one alternave and one e~-officio. He then non~nated Mr. Bob Kaufman as the ex-officio member, Jim Kurtzer as the alternate member, and Fred DiSalle, George Barrett and Dave Girard as members. Mr. Roberts referred ~o Commissioner Gregory's statement that in view of the fact the County is donating the land, it may not be a municipal golf course but a golf course for the entire County and he thinks this should be clarified. Mayor Harmening replied the Committee must pursue this and make the determination how it will be structured, handled, etc. When they arrive at some recommenda- tions: a meeting can be held with the City Council~ City Manager, staff, County representatives to discuss the program~ etc. Mrs. Riscoe asked if the gentlemen nominated were from throughout the enEire City and Mayor Harmening replied affirmatively and he also believes one lives in a single family home. Mrs. Riseoe stated this would be strictly an advisory comm/ttee such as the Planning & Zoning Boamd and Mayor Harmening replied it would be a separate eomm/ttee ~trictly for input on the golf course. Mr. Trauger moved to accept the nominations made by the Chair for the Golf Course Co~aittee, Seconded by Mrs. Riseoe. Mayor Harmening clarified it had been moved and seconded for the City Manager and Recreation Director to be non-voting members of the Golf Course Committee with Bob Kaufman appointed an ex-officio member~ Jim Kurtzer an alternate member~ and Fred DiSalle, George Barrett, and Dave Girard appointed members. No discussion. Motion car- ried 5-0. Consider Priority Determination of Further Grants for Pump Stations and Force Mains Mr. Cheney advised that word has been received from E.P.A. that our force main and pump station projects are high on their prior- ity and will probably be funded with money available October !. It is being suggested we take some steps to update the design and file the appropriate applications prior to October 1 or as soon as possible so if funds become available, we can immediately receive a grant offer, accep~ it and go to bid for these projects and have the force mains in and operating by mid-1980. It is suggested that up to $30,000 be authorized for the City to enter an agreement with Russell $ Axon ~o file the appropriate paperwork with E.P.A. and this amount will probably be eligible for 75% funding. It is recom- -mended these agreements be signed with Russell & Axon and proceed with these projects to E.P.A. as soon as possible. Mrs. Riscoe made a motion for the City Manager to go ahead and pro- teed with the contract with Russell $ Axon for the necessary E.P.L situations to start construction on the force mains and lift sta- tions, seconded by Mr. Roberts. No discussion. Motion carried 5-0. -19- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1979 Request Final Plat Approval for Sandhill Plat Mr. Cheney read his memo recommending approval subject to staff comments. He added the bond ~uestion is understood, all the engi- neering items are covered byagreement~ and appropriate contribu- tions to the County and School Boar~ are taken care of. Mr. Tanmy~ Assistant City Attorney~ added that it would also be subject to the dedication of parks and recreation facilities as presented in the agreement. Mr. Bud Post, representing~teco, agreed with the City Manager's memo and the additional condition outlined by the City Attorney. He advised they have available a recordabte document in which they agree as soon as the £or~ation of the homeowners association is completed to deed to the association 2~ acres of recreation area. ~hey agree to the stipulations and will submit a document which can be recorded. They request these documents to be held in escrow in the City AttorneyTs office for convenience and to be all in one place. Mr. Trauger asked if there were any changes in the plot plan~ den- sity, etc. since the plans were approved by the Planning S Zoning BOard and Mr. Post replied negatively. Mr. Chancy advised that some engineering changes were made which were advantageous and the applicant is in agreement. Mr. Trauger made a motion that the City Council give final approval of the Sand Hill plat subject to staff comments and commitments of record including recreation to the homeowners~ seconded by Mr. Roberts. No discussion. Motion carried 5-0. Consider Recommendation of Planning & Zoning Board - Approval of Preliminary Plat for Mariners Way Mayor~Harmening stated the preliminary plat for Mariners Way has been submitted by Bob Hamilton to be located east of N. E. 12th Avenue providing for the construction of 32 townhouses. The Plan- nings Zoning Board unanimously recommended the preliminary plat for Mariners Way be approved subject to staff comments. Mr. Roberts stated in view of the fact this has been approved by the Planning & Zoning Board and is a preliminary plat, he moves we accept this preliminary plat based on the recommendation of the Planning $ Zoning Board including all staff recommendations, seconded by Mrs. RIseoe. Undem discussion, Mr. Roberts asked if this is the one which spilled over onto City property and Mayor Harmening replied negatively. Motion carried 5-0. Request Approval of Audit Agreement from Carpenter~ May & Bremer Mrs. Riscoe moved to approve the request for a yearly audit agree- ment with Carpenter, May & Bremer~ seconded by Mr. Roberts. No discussion. MotiOn carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JUNE 5~ 1979 Request for Mobile Office for Mr. Drew Zuccala of Zuccala Wrecker Service, 621 Railroad Avenue Mr. Cheney stated he thought this probably could be withdrawn and Mr. Zuecala requested that it be considered by the Council. Mr. Roberts questioned whether it was usual to have mobile homes used for offices on lots of this type? He thought the City dis- approved of these particular offices except on a Eemporary basis. Mayor Harmenin? replied the usual procedure is To authorize it on a temporary basis. Mr. Howell requested clarification whether the address is 621 or 905 Railroad Avenue and Mr. Zuccala replied that the address is 905 Railroad Avenue. Mr. Cheney stated he does nov know the history of approving a vemporary mobile office like this, except he knows they have been approved in connection with construction operations. Possibly the application should have been more specific on the use. Mr. Zuccala clarified that this is located in an industrial area and will be screened and the trailer will nov be pemmanent. He ex- plained that he will have phones and a small office at this address and would like a temporary mobile office until ~ small office can be built. Mr. Tanzy advised the ordinance does permit a mobile office of this kind in connection with construction. He asked if ~ permanent s5ruc~ure was planned and Mr. Zuceala replied affirma- tively or he will be moving out of the area to a permanent ssrue- ture. He is only requesting a temporary office until a new office is built. Mayor Harmening referred to possibly the request being premature and stated at such time when he prepares to consErucE the facility, then a construction office would be more appropriate. Mr. Zuccala replied that time is a factor. He has committed him- self to fence in the compound and install phones ro operate pro- perly as a wrecker service. Mr. Cheney asked if the application was being amended to request a temporary trailer on this site for no more than six months to be there while a permanent office is constructed at the same site and Mr. Zuccala replied affirmatively. Mr. Tanzy stated this would be in compliance with the code. Mayor Harmening clarified the request has been amended for a vemporary office pending construction of permanent facilities at 905 Railroad Avenue. Mr. Roberts stated he wouid be willing to grant this mobile office providing after three months there is indication of some activi- ties. He thinks it is contemplated ~o be used as a temporary office only. Mr. Zuccala replied that a building will be constructed in six months. Mayor Harmening clarified the suggestion was ~o have something started within three months and a building permit issued, and at that time, consideration can be ~ven ~o renewing the request. -21 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1979 Mr. Roberts moved to grant the request for a mobile office at 905 Railroad Avenue as mentioned with a followup that ~here is some indication of building going on after three months, seconded by Mr. Trauger. Mayor Harmening elarified it had been moved and seconded to grant the applicant, s emended request for a mobile office at 90S Railroad Avenue contingent on the demonstration~of construction within a 90 day period. No discussion. Motion car- ried 5-0. Reconsider Request for Permit co Solicit - Unification Church Mrs. Doris Rogers, 920 N. W. 15th Avenue, President of the Laurel Hills, Glen Arbor and Gordon Park Homeowners Association, read a petition in opposition to having the members of the Unification Church solicit funds from our citizenry. They believe we should give ail we can to churches of our own choice, but not give funds which will not benefit our community. She knows from experience it is difficult to discourage these people asking for money. In reference to court suits, if the Supreme Court or goverrunent has ruled they oan~solioit, let them do it on federal property. Mayor Harmening referred to people nov being in favor of this and stated they should take a determined stand to discourage these members. He thinks their operation is primarily a business and if it does not succeed, they will look for new grounds to make it succeed. Rather than placing the burden on the City and City Council, the people in the City, if they are determined to oppose this, can demonstrate to these people in ~ery short order that they are not i~terested in their solicitations for whatever motives they have. Mr. Frank Kohl, 943 Isle Road~ stated he is opposed to the Unifica- tion Churck being granted a license to solicit here or anywhere. His reasons are based on testimonies given by former moonies, parents of moonies, newspaper articles and various other publica- tions which he will be glad to document. He has three categories of opposition. Mr. Kohl referred to being a parent and the former 2ity Manager and stated his concern is for bur fine young individuals and he told about Rev. Moon ruininc their lives. He read an article written by Dr. Shapiro telling about major identity changes taking place in the youngsters. He read quotes from various religious leaders referring to Rev. Moon being a dangerous man leading a dangerous cult. He told about there being evidence confirming the mental dependency of the youngsters to Rev. Moon. He stated his second objection is the millions of tax free dollars they milk from youngsters and parents. He referred to the youngsters having a poor diet and working long hours and told about the life style Rev. Moon enjoyed and the various real estate he owns. He then read reports regarding companies owned by the Unification Church in various countries. He stated since Florida seems to be so metic- ulous about the financial disclosures of senators, it might behoove the legislature to check the financial disclosure of Rev. Moon. MINUTES - P~EGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA JUNE 5, 1979 Mr. Kohl continued that religious freedom is one thing, but nrue conversion involves personal decision and personal nhoice whereas this is Rev. Moonts decision. This is actually a business mas- querading behind the First Amendment. The Council has the right to say no and should fight it To the Supreme Court. They may say the Council will be sued, but the City will protect the Council. Mr. Nate Goldberg, 1317 S. W. 17th Street, referred To speaking in opposition previously to the Unifisation Church soliciting funds in Boyncon Beach and stated he questions why they make this request in Boynton Beach since there are richer commuD/ties nearby. He told about the tremendous foundation built by Rev. Moon in a short period of time and asked if anyone else could have an income in the millions and not pay taxes? Has any of the money collected been used for the poor and needy, and have they done anything to join with the local ministerial association? He told about a 447 page study prepared by a sub-committee appointed by Congress cover- inm the Moony Organization. He referred to children turning away from their parents and told about thousands of dollars being spent to de-program people. He also told about the~fluenY life style Rev. Moon enjoys. He stated the funds solieitated are not for a religious purpose~ but are for commercial purposes. He asked if the City has a system to cheek on people doino the soliciting and stated there should be a set procedure with the soliciters being fingerprinted and checked in WashingTon before being allowed to solicit in Boynvon Beach. Some Council members may have fear of a lawsuit~ however, Ordinance No. 77-24 covers this and he read Sections 1, 2 and 3. He concluded with requesting the City Council to stop the Moonies from cominc into Boynton Beach. Mrs. Padgett then read a letter received from Mrs. James Christy in opposition to this request from the Unification Church. Mr. Chris Westfall, representing the Unification Church, referred to many of the people speaking tonight having made the same accusa- tions two years ago and stated he does not think the Council should address these. He would like To meet wit? these people and address each statement individually as many are false statements. He has read the artdoles referred To by Mr. Kohl and Mr. Goldberg. He has done a lot of researching into the articles and believes they are all accusations. Situations of brain washing have been brought before federal courts and those activities have all but stopped. Many churches and ministers support their relloious freedom. He feels the courts have ruled on their proselytizin~ methods. This is the third time he has made this request to-th~s Council and now there are five votes instead of four. He wants to say he tried as much as he could to the City officials and any judge. He referred to taking many cases To court and stated the taxpayers are paying for this. Additional police and recreation facilities are more of a need for the City, than having to pay court costs. -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1979 Mr. Westfall continued that what he is ask/ng for is an exemption from the City laws like the local churches request. He does not believe anyone should have the right to come into a community and freely run all over. He has subndtted proof that they are a reli- gious organization. He would notify the police before they solicit and they would only be h~me a day or two. He referred to Mr. Roberts requesting a letter at the laHt meeting and stated he does have this letter Eo submit. They will not concentrate on residential areas. He has made a supplement for the Council on the legal understanding as he wanes everything to be understood completely. He was also asked to complete another application which he did. Mr. Roberts asked if another application had been submitted and Mr. Cheney replied affirmatively and read same and passed it to the Council members to read. Mrs. Riscoe stated there is no way she is going to vote for this. She doesn't care if the application is filled out or not. She doesn't care if she is personally sued or if we~ as a commission, are sued. She does not want our children to be dragged into this situation. She has received many calls about this. She was per- sonally encountered by Mr. Westfall at her home and had to call the police. She is requesting the denial of this solicitation right. Mr. Trauger stated since he was elected to this Council, his phone has been ringing off the hook plus everyone he has met has expressed their concern regarding the Unification Church for many of the rea- sons given by Mr. Kohl and Mr. Goldberg. These people supported him in the election and he feels he owes them the same support. He suggests they fold their tents and leave Boynton Beach. He is aware of the court statistics,abut is willing to suffer the consequences of those actions. Mr. Westfall stated he would like to apol6gize to Mrs. Riscoe. He had no intentions of intimidating her, but just wanted to speak ~o her. He told about talking to Mr. Riscoe and not being asked ro leave, but did leave when asked to by Mrs. Riscoe. This shows the City government their law enforcement is adequate to handle any situation which arises. Ms. Louise Debold, 3169 Grove Road, referred to not being a follower of Rev. Moon~ but asked if their application is in order? She asked if they were rejecting the might to solicit because of their religious beliefs and how they want to solicit and would the same permission be extended to other religious organizations? Mayor Harmening replied that every issue s~ands or falls on its own merits. To answer a specific question would require a specific case or incident. -24- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA O-ONE 5, 1979 Ms. Debold continued that she is personally opposed To the Unifica- tion Church soliciting, but would like to argue their right to soli- cit. It is unconstitutional to deny them the right based on their religious belief and not socially acceptable. Mrs. Riseoe replied there is nothing in the constitution which says one word about soli- citing. Ms. Debold stated this country was born so anyone can practice any religion they wanT. The fact this organization is tax free and makes all the money they do is the government's fault. Nobody is encouraged To give them money, but they do have the con- stitutional right. They should not be denied the right to solicit simply because of their religious beliefs. Mr. Westfall referred to Mrs. Riscoe~s statement that there is nothing in the constitution which says one word about solicitation and stated the letter he submitted clarified that this was before the Supreme Court. This is a protected freedom. They have been winning court cases on this. Mrs. Riscoe stated she made a motion uo deny this permit. Mr. Trauger then seconded the motion. Mayor Harmening clarified that it has been moved and seconded to deny the Unification Ch~eh a permit To solicit. Under discussion, Mr. Roberts referred to the ori~inal application including dates of solicitation periodically throughout the year and stated he obSerVed because he felt if any solicitations were To be made, it should be done in keeping with our experienees of other organizations. Dates were inserted then and after a lengthy discussion, the vote was 2-2 and the permit was not granted. The new application has now been submitted with a lack of dates and he feels any open end permission To solicit is not in keeping with the duties of this Council which is to protect the peace and quiet of the home. Also, many condominiums prohibit solicitation and it was agreed previously, this group would honor those signs. It has been pointed out they have the right To soil- mit, but he feels they should keep the dates down like any other organization and if there is any indication of harassment or mis- behaving, the permit should be mevoked immediately. However~ this new application is not properly filled our and he thinks the ques- tion should be put on the table. Mr. Strnad replied it should be taken care of now and not tabled again. Mayor HarmeD/rig stated since there appears To be some legal impli- cations, is there any advice from Mr. Tanzy. Mr. Tanzy replied as To the 77 ordinance allowing protection of Council members in a lawsuit, there are some instances this might not provide complete protection to the Council members and he explained. He added the percentage is quite high for the Unification Chmmoh winning court eases. Mayor Harmening referred uo being sworn to hphold the Constitution of the United States and stated in light of the various court deci- sions made in this matter, which he personally finds offensive but it appears To be law, and he will vote To grant the permit. -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOP~DA JUNE 5, 1979 Mr. Roberts replied that he is in accord with Mavor Harmeningts sentiments, but this application does not specif~ the dates of solicitation. As requested, Mrs. Padgetv then took a roll call vote on the motion to deny this application as follows: Vice Mayor I~iscoe - Aye Councilman Strnad - Aye Councilman Roberts - Aye Councilman Trauger - Aye Mayor Harmening - No Motion carried 4-1. Mayor Harmening declared s recess in view of the number of people Leaving and then reeonvened the meeting at 10:55 P. M. Consider Request of Intereounty Construction Corp. of Florida to Locate Four (4) Construction Trailers at Various Sites Mayor Harmening referred vo these trailers being requested to be Ioeated at various lift station sites where construction is taking place to store tools and stated the request is in aecordanee with the ordinance and will be removed after completion and the land restored to the original appearance. Mrs. Riseoe moved to grant this request for the treilera for the various sites, seconded by Mr. Roberts. No discussion. Motion carried 5-0. Permit for Solicitation - Y.M.C.A. o£ Greaver Boynton Beach Mrs. Riscoe referred to being an advocate of the Y.M.C.A. to see if they can get a building within the confines of our City~ but advised after looking at the ~ates of solicitation~ she thinks it is entirely too long. She does nov want the citizens of Boynton Beach to be bugged by a lengthy period. Mr. Roberts agreed and asked if it would be house to house and Mavor Harmening pointed out the application notes mail and personal contact. Mr. Bill Romaine, President of the Y.M.C.A. of Greater Boynton Beach, stated the request is for a three month period which is the longest period of solicitation available. Their solicitation will be a general mailing to the population and personal contacts will be by Board members in the community. It will not be door to door solicitation. Mr. Strnad moved to approve this application~ seconded by Mr. Roberts. No discussion. Motion carried 5-0. -26- MINUTES - REGMLAR CITY COMNCIL MEETING JLLME 5, 1979 BOYNTON BEACH, FLOP~IDA Request for Refund on Cemetery Lot - Mr. & Mrs. R. A. Phillips Mayor Harmening referred to everything being in order and Mrs. Padgett agreed and added the request is to refund the purchase price less 20%. Mrs. Riscoe moved to grant this refund on these cemetery lots, seconded by Mr. Trauger. Under discussion, Mr. Strnad remarked that he st~ll felt it was unfair to charge the 20%. Motionoarried 5-0. Acceptance of Resignation: Mr. Arthur B. Williams, Alternate - Board of Adjustment Mrs. Riscoe moved to accept the resignation from Mr. Arthur B. Williams as an alternate member of the Board of AdjustTnenr, seconded by Mr. Trauger. Under discussion, Mr. Strnad explained that he nom/nated Mr. Williams for appointment to the Board of Adjustment, but his request was to serve on the Building Board of Adjustments & Appeals, since he is an engineer. Mayor Harmon/rig requested the City Clerk to send a letter to Mr. Williams accepting his resignation with regret. Motion carried 5-0. Mr. Strnad referred to having a vacancy on the Building Board of Adjustments $ Appeals since Mr. Black resigned and asked if Mr. Williams could be ~ppointed To this vacancy and Mrs. Padgett re- plied that a letter of resignation from Mr. Black had not been received yet. Mr. Strand advised that he did receive the letter of resignation from Mr. Black and would forward a copy to her. ~eplacement for A~ove Mayor Harmening requested nominations for an alternate member To the Board of Adjustment to replace Mr. Williams and ascertained there were none from the Council. He suggested that nominations be submitted at the next meeting since an alternate will be needed on this Board with vacations coming up. Request for Zoning Approval for Beer, Wine & Liquor License for Crab Dock, 2280 North Federal Highway Mr. Roberts moved to grant this license for the Crab Dock, seconded by Mrs. Riseoe. No discussion. Motion carried 5-0. Trans£er of Fun~s from Sewege Pumping & Water Distribution to General Equipment & Vehicle Repairs Mr. Cheney requested the Council to authorize this Transfer to cover unanticipated expenses for keeping vehicles operable. It is simply an inter-departmental transfer within the utility fund. Mr. Trauger moved to recommend this transfer of funds as stated on the budget transfer request, seconded by Mrs. Riscoe. No discus- sion. Motion carried 5-0. -27- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 5~ 1979 Approval of Bills Mr. Cheney read the following bills for approval: I.B.M. Corporation Rental for the month of May Pay from budgeted funds 001-133-513-40-21 6,441.00 Badoer Meter, Inc. Six inch full flow turbo meter Pay from budgeted funds 401-532-533-60-42 1~449.20 Board of County Commissioners Use of county landfill for April Pay from budgeted funds 00!-~41-534-40-9G 10,026.00 Leahy Business Arch/yes Microfilm supplies f~r Bldg. Dept. Pay from budgeted funds 001-241-524-40-76 1,090.25 Allied Universal Corp. Chlorine for Water Treatment Plant Pay from budgeted funds 401-332-533-30-65 2~275.00 Barile Excavating & Pipeline Co. 101~489.35 Off$ite utilities - Mirror Lakes Pay from Utility General Fund 401-000-169-01-00 Mirror Lakes deposited cash bond for their portion Contract dated 2/26/79 Russell & Axon 626-681-04-6 Inv. ~6 11,247.30 Professional services in connection with resident project services during construction of Lift Stations S Force Mains - Parts A & B Pay from Water & Sewer System ConStruction Fund - 1978 Authorization dated 10/12/77 401-0g0-169-I2-00 8. Russell & Axon 626-681-04-3 Inv. ~6 11~247.30 Professional services performed as general consulting engineers during construction of Lift Stations and Force Mains - Parts A $ B Pay from~1978 Water & Sewer System Construction Fund Authorization dated 10/12/77 401-000-169-12-00 9, Russell ~ Axon 626-681-40-1 Inv. ~2 3,750.00 ProfessiOnal serviees in connection with Sewer S~te~~ Evaluation Survey Pay'from Utility General Fund 401-000-169-11-00 Authorization dated 3/30/78 -28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLOR/DA J~NE 5, 1979 10. Russell $ Axon 626-681-36-2/5/3 Inv. ~2 6,083.35 Professional services in connection with Water Main Extension Pay from 1978 Water & Sewer System Construe,ion Fund Authorization dated 1/24/'79 401-000-169-02-00 11. Russell $ Axon 626-681-35-2/3/5 Inv. ~2 27704.60 Professional services in connectioni~i with Wells Nos. 17 L 18 Pay from Utility General Fund 401-000-169-01-00 Authorization dated 1/24/79 12. Russell & Axon 626-681-30-4 Inv. ~1! Professional services in connectiong with Mirro~ Lakes Off-Site Utilities Pay from Utility General Fund 401-000-220-53-00 Authorization dated 6/6/78 13. Russell & Axon 626-681-08-6 Inv. Resident inspection g engineering services st Water Treatment Plant Pay from Utility General Fund 401-000-169-01-00 Authorization dated 5/8/74 7,182.68 14. A.E.C.O.A. - Final 187058.35 Raw Water Supply Wel!s ~lS L 16 Pay from 1978 Water & Sewer System Construe,ion Fund Contract dated 4/10/78 401-000-169-02-00 15. Isiah Andrews 154.00 Driver for Senior Citizens~ Club - 3 weeks Pay from Federal Revenue Sharing Fund 320-641-564-40-5A Ordinance 73-15, passed 5/15/73 16. Willie Ruth McGrady 134.40 Server for Senior Citizens' Club - 3 weeks Pay from Federal Revenue Sharing Fund 320-641-564-40-5A Ordinance 73-157 passed 5/15/73 17. Rubin Construction - Final 27,555.20 N. E. 7th Avel Drainage and Construction Pay from Public Works Grant Fund Change order being processed Contract dated 1/23/78 Mr. Cheney stated all the biIls are proper and the funds are avail- able. Mr. Roberts moved to pay our bills, seconded by Mrs. RiSeoe. No discussion. Motion carried 5-0. -29- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 5, 1979 OTHER Mrs. Riscoe announced this will be her last meeting for a period she is not sure about. She is going into the hospital next Tues- day ~for extensive surgery next Wednesday. The City Manager will be apprised through h~r family when she will return. ADJOURNMENT Mr. Roberts moved to adjourn, seconded by Mrs. Riscoe. Motion car- ried 5-0 and the meetingwas properly adjourned at 11:10 P. M. CITY OF BOYNTON BEACH, FLORIDA BV~~~ayor Vice Mayor ATTEST: ~~ Cle rk Councilman ~ ' - yCounciLman-- Recording Secretary (Four Tapes)