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Minutes 12-06-78MINIiTES OF THE REGULAR CI~y~C~?CIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORID~ ~T~ESD_A~y~,~DECEMBER 6, 1978 AT 7:30 P.M. PRESENT Emily M. Jackson, Mayor Edward F. Harmening, Vice Mayor Richard D. Caldwetl, Councilman Joseph DeMarco, Councilman David Roberts, Councilman Frank Kohl, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Mayor Jackson welcomed everyone and ealled the meeting to order at 7:30 P. M. She announced in the absence of Father Victor, who could not be here, the City Manager will ~ive the Invocation and the Pledge of Allegianee to the Flag will-be led by Council- man David Roberts. She requested everyone to please rise. AGENDA APPROVAL Mayor Jamkson ~sked if there were any'additions, deletions or corrections to the ~k3enda. She stated Mr. Startzman called her and is unable to be here and would like his memo discussed and this can be added under Other at the end. Mr. Koh/t added that he has a letter to read at the end. Mr. DeMarco moved to accept the agenda as corrected, seconded by Mr. Caldwell. Motion carried 5-0. ANNOHNCEMENTS Mayor Jackson announced that representatives from the Palm Beach County Tax Appraiserfs Office will be at 2ity Hall on January 2, 3, 4, and 5, from 9:00 until 4:00 to assist our citizens in filing homestead, widowts, and disability exemptions for 1979. Mayor Jackson read a Proclamation proclaiming the week beginning December 1, 1978, as Civil Air Patrol Week. She added that this is a week late; however, it was signed and sent to the Civil Air Patrol in time. Mrs. Padgett read the total ~otes cast for each candidate in the General Election held on December 5 as follows: Richard D. Caldwell 2,640 Joe DeMarco 2,654 Ronald Johnson 4,020 Betty Riscoe a,414 Norman F. Strnad - 4,001 Walter Trauger 2,989 Total Votes Cas~ 7,153 Mr. Roberts moved to accept the returns as presented by the City Cler~ seconded by Mr. DeMarco. Motion carried 5-0. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1978 Mayor Jackson requested the new Vice Mayor and Council members to please stand. MINUTES Regular City 2ouneii Meeting - November 22, 197R Mr. Caldwell moved to approve the minutes of the previous Council meeting, seconded by Mr. Harmening. Motion carried 5-0. PUBLIC A~DIENCE 2ol. Albert Wehrell, Boynton Isles, came before the Council and referred to living here since 1962 and having been a member of various committees and stated he Mould like to speak a few womds of commendation for our present administration and manager, Frank Kohl. This administration has kept taxes down. There have been a few disagmeements~ but it has been a stabilizing force of the City. Unfortnnately we do have new citizens and they no longer want the present administration. He thinks this administration has done a fine job and as a senior citizen, he commends them very much. Mayor Jackson then announced if anyone wishes to speak on any item on the agenda to please give their name to Mrs. Padgett. BIDS Construction of Offsite Utilities - Mirror Lakes Subdivision Mr. Kohl infommed the Council that bids on the above were opened on Monday, November 27, 1978, at 2:00 P.M. in the office of our Purchasing Agent, Mr. William N. Sullivan. He respectfully quests approval to table this bid item in order to provide more time for review of bids received. Mr. Harmening moved to table, seconded by Mr. DeMarco. Motion carried 5-0. Four (4) Standard 1/2 Ton Pickup Trucks Mr. Kohl informed the Council that bids on the above were opened on Tuesday~ November 28, 1978 at 3:00 P.M. in the office of the Purchasing A~ent~ Mr. William Sullivan. The Tabulation Committee recommends acceptance of the low bid from Jack Nicklaus Pontiac in the amount of $18~611.56 ($4,652.84 per unit). A copy of the Tabulation Sheet, proposal and affidavit signed by Anthony Wolf~ Fleet Manager, have been submitted. All legal requirements have been met. F~nds for the above are available in Accounts 401-352- 535-60-83 and 401-333-533-60-83. May he have Council's wishes on this matter please. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1978 Mr. Caldwell moved To award the bid for the four standard ~ ton pickup trucks to Jack Nicklaus Pontiaet in the amount of $18,611.36. Mr. DeMarco seconded the motion. No discussion. Motion carried 5-0. Two (2) 1/2 Ton Light Utility Pickup Trucks Mr. Kohl informed the Council that bids on the above were opened on Tuesday, November 28, 1978 at 3:30 P.M. in the office of our Purchasing Agent, Mr. William Sullivan. The Tabulation Committee recommends acceptance of the low bid from Auto World of Delray Beach (Datsun) in the amount of $4,426.00 per unit, 1978 model, providing they can promise availability within 10 days. If not, the bid will go to the next low bidder, Adams Chevrolet, for the sum of $4,482.90 per unit. A copy of the Tabulation Sheet, posal and Affidavit signed by the Sales Manager, Auto World of Delray Beach, ~e been submitted. Ail legal requirements have been met. Punds for the two trucks are available in accounts 401-351-5~5-60-83 and 401-352-535-60-83. May he have CouncilTs wishes in this matter please. Mayor Jackson refemred to the trucks from Auto World of Delray Beach being 1978 models and questioned the year of the models from Adams Chevrolet and Mr. Sullivan replied these were 1979 models, but were not available until January 1. Mr. Harmening moved to accept the low bid from Auto World of Dalray Beach for the Datsuns with the ten day delivery proviso in the amount of $4,426 per unit. Mr. Caldwell seconded the-motion. Undem discussion, Mr. Har~nening commented that the Datsun pickup trucks ride awful hard and Mr. Kohl replied that they looked at them and decided this is the truck they wanted. Mr. Carl Himpelmann, 118 S.E. 6th Avenue, came before the Council and referred to just reciting the Pledge of Allegiance and stated we are now going to buy a Japanese truck which is older than the other. Mr. Sullivan explained that the bid requested 1978-models if possible and the alterna~ bid was for 1979 models. He added that the Chevrolet Luv is also a Japanese made model. Motion carried 5-0. One (1) Portable Battery Operated Defibrillator, Cardioseope and Recorder Mm. Kohl infommed the Council that bids on the above were opened on Tuesday~ November 287 1978, at 4:00 P.M. in the office of our Purchasing Agen% Mr. William Sullivan. The Tabulation Committee recommends acceptance of the low bid from Motorola Company in the amount of $5,950.00. A copy of the Tabulation Sheet, Proposal and Affidavit signed by R. A. Scott, Account Executive, Motorola, Inc., Fort Lauderdale: have been submitted. Ail legal requirements have been met. Funds for the above were budgeted in account No. 001-221-522-60-42. ~e concurs with the recommendation of the Tabulation Committee. May he have CouncilTs wishes on this matter please. -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1978 Mr. DeMarco moved that the bid be awarded to Motorola, Inc., in the amouht of $5,950 and be paid by funds budgeted in account No. 001-221-522-60-42. Mr. Harmening seconded the motion. No discussion. Motion carried 5-0. One (1) Self Contained High Powered Portable Field Telementry Unit Mr. Kohl informed the Council that bids on the above were opened on Tuesday, November 28~ 1978 at ~:30 P.M. in the office of the Purchasing Agent, Mm. William Sullivan. The tabulation Committee recommends acceptance of the bid from Motorola Communications and Electmonics, Inc. in the amount of $4,795.00 plus options, for a total of $5,529.75. Kel Corporation did not meet specifications. A copy of the Tabulation Sheet, Proposal and Affidavit signed by R. A. Scott, Account Executive, Motorola, Fort Lauderdale, have been submitted. All legal requirements have been met. Funds for the above are available in account 001-221-522-60.42. May he have Council's wishes on this matter please. Mr. Hammening moved to award the bid for one Self Contained High Powered Portable Field Telemetry Unit in the total amount of $5,529.75 to Motorola Communications and Electronics, Inc. includ- ing options. Mr. Coldwell seconded the motion. No discussion. Motion carried 5-0. 1-95 Strip Park Mr. Kohl informed the Council that a bid opening was scheduled for the above on August 29, 1978; however, no bids were received. At the regular City Council meeting of September 5, 1978, approval was g~anted to proceed with negotiations. I copy of a memorandum from our Deputy City Engineer has been submitted recommending the acceptance of the bid from Mr. Shortly Byrd, President of Lot Services, Inc. in the amount of $17,813.20. Our Purchasing Agent and he 2oncur with the above recommendation. May he have Council's wishes please. Mayor Jackson asked if copies of this had been forwarded to Mr. Doug Dawson~ Mr. Tom Clark and Mr. Charles Frederick and Mr. Kohl replied affirmatively and added that they are in agreement. Mr. DeMarco moved that the bid be granted to Lot Services, Inc. in the amount of $17~815.20. Mr. Coldwell seconded the motion. No discussion. Motion carried 5-0. SITE DEVELOPMENT PLANS NONE LEGAL -4- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA DECEMBER 6, 1978 Ordinances - 2nd Reading - Publ&e Hearing NONE Ordinances - 1st Reading Proposed Omdinance No. 78-60 - Re: Pmoviding for Adjustment of the General Fund, Fedemal Revenue Sharing Fund~ Publicity Fund and Antirecession Fund for the Fiscal Year Ending Septembem 5[, 1978 Mr. Moore read proposed Ordinance No. 78-60 by caption on first reading. Mr. Roberts moved the adoption of Ordinance No. 78-60 on first reading, seconded by Mm. Ca!dwell. No discussion. Mms. Padgett took a roll call vote on the motion as follows: Vice Mayor Hammening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Motion carried 5-0. Proposed Ordinance No. 78-61 - Re: Rezoning Certain Parcel of Land Located in Section 51, Township 45 South, Range 45 East, from Agriculture to Planned Unit Development (PUD) - (Faber & Kirsner 105.85 Acmes) Mr. Moore read proposed Ordinance No. 78-61 by caption on fimst reading. Mr. DeMarco moved the adoption of proposed Ordinance No. 78-61, seconded by Mr. Roberts. No discussion. Mms. Padgett took a roll call vote on the motion as follows: Councilman Roberts - Aye Councilman Caldwell - No~ Councilman DeMarco Aye ~ice Mayor Hammening - Aye Mayor Jackson - Aye Motion carried 4-1. Proposed Ordinance No. 78-62 - Re: Rezoning Certain Parcel of Land Located in Section 31~ Township 45 South, Range 43 East, from Agriculture to C-5 (Faber & Kirsner/14.42 Acmes) Mr. Moore referred to this being the commercial parcel connected with the last PU~ and read proposed Ordinance No. 78-62 by caption on first reading. Mr. Narmening moved the adoption of Ordinance No. 78-62 on first reading, seconded by Mr. DeMarco. No discussion. Mrs. Padgett took a moll call vote on the motion as follows: -5- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1978 Councilman Caldwell - Aye Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Motion carried 5-0. Resolutions Proposed Resolution No. 78-FPP - Re: Petition to the Environmental Protection Agency to Make the Biscayne Aquifer the Sole Source of Potable Water Supply for South Florida Mr. Moore stated this carries into effect the action taken at the last Council meeting requesting the EPA to make the Biscayne Aqui- fer the sole source of potable water supply for South Florida. Mr. Caldwell moved the adoption of Resolution No. 78-PFF, seconded by Mr. Harmening. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilman DeMarco - Aye Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye CounCilman Caldwell - Aye Motion carried 5-0. Mayor Jackson added that after signing, this resolution should be forwamded to the various agencies discussed at the last meeting. OLD B~SINESS Discuss Non-Conforming Lots (Councitm~n David Roberts) Mr. Roberts stated he requested this to be put on the agenda after he found there were a great many non-conforming lots around the City. In view of the lengthy process and hearings it may involve, he moves to strike this and put it over for the new administration to examine before taking this up. Mr. Harmening seconded the motion. Motion carried 5-0. ADMINTSTRATIVE Consider Request from Adair &Brady on Behalf of Mr. Robert Mackle for Sewer Service Mr. David Brady, Adair & Brady~ Inc., came before the Council and advised this is a request for sewer service for a piece of property which has been assigned to the regional Delray/Bc~a~on Plant. It is outside the City of Boynton Beach and in the Town of Hypoluxo. -6- MINUTES - t~EGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLORIDA DECEMBER 6~ 19Y8 They are requesting sewer service be provided so they can be~in planning for the project. Mr. Kohl added that this map has ~een in his office and they are going to pay the costs. Mr. -Roberts asked if the money is appropriated for the study and Mr. Kohl replied affirmatively~ the developer will provide the money for the study. Mr. Hammening stated that he has no objections as long as it meets the provisions of the engineering department. Mr. Brady further explained the location of this property. Mr. Caldwell stated inasmuch as this is in our service mrea~ he movestwe gmant the request of Adaim & Brady on behalf of Mr. Robert Mackle and extend sewer service as per the request. Mm. DeMarco seconded the motion. Under discussion~ Mr. Harmening referred to part of this property being within the Town of Lantana and Mm. Brady disagmeed and stated that it is all within Hypoluxo. He added that a piece is excepted from this parcel which belongs in the Town of Mana!apan. Mr. DeMarco questioned when they pro- posed to use this and Mr. Brady explained that planning was just beginning. Mayom Jackson asked if they were willing to pay $3~ 000 for the study and Mr. Brady replied affirmatively. Motion carried 5-0. Consider Quotations to Seal and Abandon Well No. 12 Mr. Kohl referred to the City Council at their regular meeting of September 5~ 1978~ authoriz~gthe use of a television viewing camera to scan Well ~12 and advised that it has been detemmined that Well ~12 should be abandoned and sealed. A memorandum fmom Perry Cessna has been submitted with a verbal biddand two written estimates to seal this well in aceordance with State requirements. Money is available in account No. 401-331-53~-40.~B~ Maintenance and Repair to Wells & Screens (Water Supply). May he have Council's wishes in this matter please. He added the low estimate was $6~80 from A.E.C.O.A. Utility Division of Lake Worth. The State requires this and Mm. Cessna has been trying to get this done. Mr. Caldwell moved the granting of the bid to seal and abandon Well No. 12 to A.E.C.O.A. Utility Division in the amount of $6~580. Mr. DeMarco seconded the motion. Under discussion~ Mr. Roberts referred to the estimate from Alsay-Pippin Corp. and Mm. Kohl explained that thmee bids were submitted: $6~380 from A,E.C.O.A. Utility Division~ $6~850 from Alsay-Pippin Corp. and a verbal bid f~r $6,500 from Joe Williams Pump Service. Mr. Harmening asked if this went out for formal bid and .Mm. Kohl meplied negatively and explained that Mm. Cessna did this because it must be done to meet State requirements. Mr. Cessna added that this is a 2~~ casing and it is opened on the school grounds. It is a safety hazard and the State requimes it to be sealed in accordance with their requirements. The low bid is the recommenda- tion~ which is A.E.C.O.A. Motion carried 5-0. -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1978 Mm. Kibby Azerrad came before the Council ~nd meferred back to Section IV, Item F~ 1-95 Strip Park, and asked what a strip park is and Mayor Jackson explained that it is a strip of land along 1-95 which has been given to us to use as a park. Mr. Kohl added that it is being paid for by a Community Development Grant. PUBLIC HEARING - 8:00 P. M. Rezoning Request Parcel: Location: Request: Use: ~pplicant: Portion of Section 32, Township 45 South, Range 43 East (3.211 Acres less road right-of-way) Northeast Corner of Intersection at South Congress Avenue and S.E. 15th Avenue Rezone to C-1 from R-3 Constmuction & Opemation of a Commercial Bank Facility John M. Howell~ President - Flagship First National Bank Mr. Kohl informed the Council that the Planning & Zoning Board aftem conducting a Public ~earing at their regular meeting of November 28~ 19787 unanimously recommended the mezoning request submitted by John Howe!!~ President of Flagship First National Bank~ a 3.21 acre tract located at the Northeast corner of S,W. 15th Avenue and Congress be approved. Blueprints covering this project have been available fom review in his office. The,motion to approve was made by Mm. Trauger and seconded by M_~. Winter. The legal description~ map showing the location~ and excerpt from the Planning $ Zoning Board mseting minutes covemfng the proposed construction have been submitted. May he have Council's wishes on this matter please. jr~ P~._bemt Grlffmth, A~ttorney repmesentmng the applicant, Mm. o n Howell~ president of Flagship First National Bank, came before the Council and stated this matter was pmesen~ed last week to the Planning $ Zoning Board with regard to the first step in asking for consideration of rezoning from R-3 to~ C-1. The pro- perty in question is located at the intersection of 15th and Congress Avenues. This plan of development is for the Flagship First National Bank and the entire tract of land will be developed for commercial bank purposes. The final plan for building has not been uompleted but it is subject to the property being rezoned. The main banking building will be at the west end closest to the Congress Avenue intersection and to the east will be the drivein facility with the parking in the middle. It would be a split building arrangement with the area landscaped as required· The project is supposed to get underway within 60 to 90 days, as soon as plans and the application can be processed. He refermed to there being no objections made at the Planning L Zoning Board meeting and added that it was approved by that Board 7-0. -8- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 67 1978 Mr. Roberts clarified that this would be located right across from Lindsley Lumber and Mm. Griffith agmeed. Mr. Caldwell asked how long final approval of the permit would take from the Federal Comptroller and Mr. Griffith replied that under the present plan, it is almost automatic. They have received initial approval because they have complied with all the necessary requirements. Mr. Caldwell referred to the time span and Mr. Howell informed him it would be approximately 90 days on the outside. Mayor Jackson asked if anyone else in the audience wished to speak in favor of this zoning and received no response. She asked if anyone wished to voice any objections to this zoning and received no response. ~r. DeMarco moved to grant the applicant, John Howell, President of Flagship First National Bank, his request as recommended by the Planning & Zoning Board, seconded by Mr. Caldwell. No dis- cussion. Motion carried 5-0. Proposed Omdinance No. 78-65 - Re: Rezoning Certain Parcel of Land Located in Section 32, Township 45 South~ Range 43 East from Zone R-3 to C-1 Mr. Moore read proposed Omdinance No. 78-65 by caption. Caldwell moved the adoption of Ordinance No. 78-63 on first reading, seconded by Mr. DeMarco. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Harmening - Aye Mayor Jackson - Aye Councilman Roberts - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Motion carried 5-0. ADMINISTRATIVE (ContinuedO Policy Pertaining to Board and Committee Members Mayor Jackson stated there seems to have been some misunderstand- lng regarding the invitations to the Board dinner and she thinks the air should be cleared. Always before~ active members of the Boards and not those who have resigned have been invited to the Board dinner. The dinner is to thank the members for the work done om the Boards. There was some feeli,ng some people should have been invited. She feels we should have some policy set so we don~t run into this snag again. -9- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 67 1978 Mr. Roberts stated he believes a policy was set but was not ~ollowed through as far as the chaimmen of these committees were concerned. Since there is a new administration coming i~ possibly it should be left,to lay in their lap to decide how to handle this. As far as this particular event is eoncerned~ after loQking at the letter of appointment~ it is clear anyone absent from three consecutive meetings without being properly excused shall be automatically dmopped from membership and the Chairman is to notify the City Clerk. This should have been done but apparently it was not. Mr. Roberts then referred to attendance at Board meetings and suggested when appointments are made that the people should be asked whether they will be here most of the year and~able to attend. He added that one of the Boards from time to t/me was not able to conduct business because of not having a quorum, He then reviewed the list ~ubmitted p~rtaining To members~ attendance at Board meetings and explained~that it was his personal fee3~ng that those who hav~ attended only a few meetings or have resigned should not be invited to the dinne~. Mayor Jackson agreed and-pointed out that one member retired and could not serve, but shebelieves he should be invited. Mr. Roberts then'stated that the other problem has to do with the Housing Authority. He has the same feelings regarding appointments and if the members~are not going to be here during the year and cannot serve, they should not have been appointed in the first place. It seems the Housing Authority is a Board and is compared To other Boards and he doesn't see any reason fom not inviting them. Mr. DeMamco added that the City Council appointed the Homsing Authority and they have served and put in a lot of time, possibly holding more meetings than other Boards, and he agrees they should be invited to the dinner. Mr. Harmening stated by not following up on resignations and lack of attendanee~ we seem to.have come down to the wire at party time with too many people whe possibly should not be rewarded. As far as the Housing Authority, he feels this is an independent Board, independent of the City except 3app~n~v~gtt~S.t evemy year and the City has no eontrol over their operation in any ma~ner~ shape or form and he would not be in favor of inviting them. The Authoritf is an autonomous body. It is not a Board or Committee, but is an Authority. Anyone presently serving on Boards should be invited. Mr. Caldwel! seated as he sees it~ whi!e the Housing Authority may be an autonomous body~ they still rendered a free service to the City and performed services to the City as a whole on a non- paying basis and they should get some support from the community they are serving. He thinks they should be invited. -10- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6~ 1978 Mayor Jackson stated that nobody was slighted purposely. It has always been the custom if someone has resigned and is replaced, they are not invited. As lam as the Housing Authority, she does not believe there was any thought of hutting anybody. Some feel it is an autonomous Board and not a recommending Boamd. Mr. Roberts suggested that a policy be set so this can be avoided in the future and the appointments should be made To those who can serve most of the year and not cause embarrassment and problems by being marked excused for manytimes. The policy will have to be set down by the incoming Council. Mr. Roberts clarified that the Housing Authority should be allowed to attend and also the member who retired from the EmployeesT Pension Board. Mayor Jackson added that if a member has resigned or has been absent many times, they should not be considered a member of the Board. Mr. Roberts further clarified that the whole list submitted has been reviewed and the only exception is John Johnston. Mr. Roberts moved that the Housinq Authority be invited to the dinner, seconded by Mr. DeMarco. No discussion. Motion carried 4-1 with Mr. Harmening ~issenting. Discuss Mechanical Work for Fire Department Mr. DeMarco moved to delete t~is from the agenda, seconded by Mr. Roberts. No discussion. Motion carried 4-0~ since Mr. Caldwell had left the room. ~ppr6~al of Bills Mr. Kohl read the following bills for approval: 1. Longview Lime g 1,834.80 Lime for Sewer Tmeatment Plant Pay from Accounts Payable 401-000-202-01-00 Graybar Electric Co., Inc. F!oodlightsfOr Wilson Park Reimbursable f~om Palm. Beach County Comm. Grant, Council approved 7/5/78 Block 8,856.00 Tom~s Welding Service Repair Bio-surf unit at Sewer Treatment Plant Pay from budgeted funds 401-353-535-40-33 Council approved 10/3/78 1,800.00 -il- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1978 Willie Ruth McGrady Server for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 3~0-871-570-02-5A Ordinance ~73-15, passed 5/15/73 76.80 Isiah Andmews Driver for S~nior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 320-871-570-02-5A Omdinance ~75-15~ passed 5/15/75 88.00 Carpenter, May & Bremer Professional services rendered re audit 9/3©/'78 Pay from budgeted funds 001-131-513-40-66 3,100.00 A.E.C.O.A. Est. ~4 Raw water supply wells Pay from Utility General Fund 401-000-169-0t-00 Contract dated 4/10/78 3,022.52 Mr. Kohl stated the bills described have been approved and veri- fied by the department heads involved; checked and approved for payment by the Finance Department; funds are available in-their respective budgets. He therefore mecommends payment of these bills. Mayor Jackson referred to No. 3 and questioned what a bio-surf unit is and Mr. Cessna infommed her that it is a trickling filter. Mr. Csldwell moved to pay the bills, seconded by Mr. DeMarco. No discussion. Motion carried~ 5-0. CONSENT AGENDA Consider Approval of Beverage License Application Submitted by Gary Calloway dba Scotch ~N Sirloin~ !nc., 601 S. Federal Highway Mr. Kohl read the application. Mr. Roberts questioned if this was a renewal and Mm. Kohl informed him that it is a new owner. Mr. Caldwell moved to approve the beverage license application submitted by Gamy Calloway dba Scotch tN Sirloin, ~nc. inasmuch as all City codes are met, seconded by Mr. Roberts. No discus- sion. Motion carried 5-0. Consider Request for a Turkey Shoot Submitted by Robert Hatcher of the South Technical Education Center Mr. Kohl referred to a letter being submitted. Mr. DeMarco moved that this request for the turket shoot be granted: seconded by Mr. Roberts. No discussion. Motion carried 5-0. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1978 Discussion of Memo from Mr. Paul Startzman Mayor Jackson refezmed to the memo from Mr. Startzman being dis- tributed to each Council member in regards to negotiations for our share of the ocean outfall and advised that Mm. Startzman said if anyone has any questions to please contact him because he is home in bed. Mr. Caldwell asked if any action is to be taken and Mayor Jackson replied negatively, but Mr. Startzman is waiting to hear from us. She added that he has been in touch with the Boamd Attorney. and will keep us informed.. Mr. Roberts stated that an offer was finally received from Detray Beach reducing the fee but it is more than today, s value and he does not know if Mr. Startsman recon~aended it would be a fair value. A gentleman in the audience questioned what the memo is about and Mayor Jackson replied that it pertains to the regional sewer plant with Detray Beach. Mr. Roberts explained that Delray Beach owns the ocean outfall and we are negotiating withthem so both cities will have ownership. He told about the original proposal being too high. Mr. Caldwell added that the other problem was Delmay Beach~s initial offer was b~sed on the initial assumption Delray Beach would be selling 50% of their share of the ocean outfatl, which is contrary to the bond referendum put ro the people. They also wanted us to,pay for the ocean outfall system until the outfatl *See !ine~Outd become- obsolete which covers about 15 more years. It Minutes would have cost the taxpayers of the City of Boynton Beach a sub- 12/19/78 sta~tial amount of money. He told about being able to narrow it down to reduce the overall cost, Mayor Jackson added that we are willing to pay our fair share, but not for something we will not get the benefit of. Mr. 2essna infommed the Council that Mr. Startzman wanted authori- zation to continue negotiations on the basis of the last memo. Mm. DeMarco moved to authorize Mr. Startzman toeontinue as he has in the past to negotiate with-the City of Delray Beach~ seconded by Mm. Catdwell. Under discussion~ Mayor Jackson commented that Delray Beach is about ready to go in on the plant and cannot until this is settled, so time is of the essence. Motion carried 5-0. City Manager, s Letter Mr. Kohl read a letter extending best wishes to each and everyone and stated it has been a pleasure working with the Council and a 9meat pleasure serving this ~ _~ty for approximately six years. He then advised that his resignation will be effective as of Januamy 2, 1979, at 5:00 P. M. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH~ FLOPf[DA DECEMBER 6, 1978 Mr. Caldwell moved to reluctantly accept this resignation effective 5:00 P. M. on January 2, 1979, and extend to Mr. Kohl, because of faithful service over the past six years, three months~ severance pay, accrued sick time and accmued vacation pay as discussed in the past. Mr. DeMarco seconded the motion. Under discussion, Mayor Jackson stated th%s is not setting a precedent. Every City Manager has received severance pay when he left. None has stayed as long ~s Mr. Kohl. We have an ordinance giving the City Manager severance pay when he is fired and we certainly should when he resigns. She is in favor of it.. Mm. Roberts added that not too many years ago, there was a City Attorney who served a year and was given two months~ severance pay. He cannot see why a man who has served six years should be denied severance pay. Motion car- ried 5-0. ADJOURNMENT Mr. Roberts moved to adjourn, seconded by Mr. DeMarco. Motion carried 5-0 and the meeting was properly adjourned at 8:55 P.M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: mecor~inq ~ecretary (Two Tapes ) CITY ,OF 80YNTOi~ BE~CH ,~'~gm~E OF FLORIn ~UNTY OF PALM BEACH ~CITY OF BOYNTON BEACH TO THE HONORABLE MAYOR AND COUNCILMEN OF THE CITY OF BOYNTON BEACH~ FLORIDA: I~ Tereesa Padgett, City Clerk of the City of Boynton Beach, Florida, do hereby certify the following to be the results of the General Election held on the 5th day of December, 1978 A.D. Walter TOTAL Richard D. %/1 Joe Ronald "Ron" Betty Norman F. "Mart~-'' SPOILED VOTES Caldwell DeMarco Johnson Riscoe Strnad Trauger ABSENTEE BALLOTS CAST PCT. #139 82 PCT. ~141 232 ~Pe~. ?~145 248 PCT. ~146 125 PCT. ~147 257 PCT. ~149 475 PCT. ~153 295 PCT. ~155 142 PCT. ~156 197 PCT. ~157 217 PCT. ~158 268 pc~. ~6o ~7 PCT. ~161 61 TOTAL 2616 ~ABSENTEE 24 TOTAL VOTES CAST 2640 86 63 75 66 lO1 161 221 270 323 280 277 551 258 247 282 254 272 538 126 291 322 280 147 442 273 316 347 300 324 626 483 573 614 54C 517 1118 260 518 550 499 340 844 133 404 431 414 163 587 201 366 387 374 270 622 261 513 584 526 163 785 250 343 370 351 293 635 17 19 19 19 17 40 57 69 78 69 78 143 2626 3992 4382 ~972 2962 7092 28 28 32 29 27 60 i 61 2654 4020 4414 4001 2989 7153 STATE OF FLORIDA ) .~.EOUNTY OF PALM BEACH ) SS OIT¥ OF BOYNTON BEACH ) TO THE HONORABLE MAYOR AND COUNCILMEN OF THE CITY OF BOYNTON BEACH, I, Tereesa Padgett, the Primary Election held on the 21st day of November, City Clerk~of the City of Boynton Beach, 1978 A. D. FLORIDA: Florida, do hereby certify the following to be the results of 0 © ~ 12 141 56 147 98 149 51 153 56 155 26 156 42 157 12 158 160 11 161 19 TOTAL 469 yABSENTEE 9 ! ~- £OTAL 478 VOTES CAST 1 25 9 61 19 17 104 25 113 56 30 88 76 156 42 t0 48 51 69 147 23 94 42 143 41 26 178 64 209 304 22 143 60 98 103 12 66 35 56 84 12 69 55 94 69 10 87 62 167 70 13 93 23 101 43 0 15 2 8 2 8 24 22 22 10 184 1034 506 1297 970 1 14 21 42 8 185 1048 527 1339 978 7 38 27 6 14 36 27 21 50 87 33 41 105 97 32 80 60 35 54 83 75 21 32 93 27 78 212 114 37 59 88 67 58 139 119 52 141 194 50 82 177 206 38 86 192 50 97 149 201 59 54 171 18 121 108 158 34 55 112 36 61 143 152 446 36 168 9 20 264 199 26 70 151 20 78 97 172 1 8 5 3 ~ 8 g 6 28 16 7 10 38 19 780 737 1364 361 698 1559 1548 12 ~ 13 5 g 12 13 792 741 1377 564 702 1571 1561 58 125 158 165 257 168 59 153 __ 10~ 130 1t 47 1496 1527 520 354 371 415 747 522 377 394 638 369 39 lO3 4767 66 4833 CITY OF B~¥HTO~ BEACH HOVE~BE~ 2i~ i ~ o KR:SS