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Minutes 10-04-77MINUTES OF REGULAR CITY COUNCIL MEETIN~ OF THE CITY OF BOYNTON BEACH~ FLORIDA HELD iN CITY HALL, TUESDAY, OCTOBER 4, 1977 PRESENT Joseph F. Zack, Emily M. Jackson, Vice Mayor Richard D. Caldwell, Geuacilmam Joseph DeMarco, Couacilman Herman F.~Strnad, Comacilma~ Framk Kohl, City Manager Tereesa Padgett, City Clerk Gene Moore, 0ity A%tormey M~yer Mack ealted the meeting to order at 7:30 P. M. and the First Allegiance to the In t~e a~sence of Rev. Tidwetl, Mr. Kohl gawe the invocation. A~enda Approval Mayer Eack amneunced the following additions to the agenda: ~I. LEGAL- C. Resolutions: 4- Proposed Res. Ne. 77- Re: Florida Power & ~ight - Rate Structure B. Ordinances - 1st Reading: 1. Proposed Ordinance No. 77- Re: tf an Election Falls on a Council Meeting Night. OLD BUSINESS: G. Incorporate also Correspondence from DER Dated September 28. I. Ocean Ridge Council Meetimg J. Community Relations Board - Policy VII. Mmyor Mack asked if there were a~y further additions and Jackson replied that she didn't want to add anything te the agenda, but there are two things she would like to bring up. She referred to the death of Mrs. Frances VanDevender and requested the Council to go on record to send a sympathy car~ to her scm. Mrs. Jackson then referred to the ~elevi- sion report regarding Beynton Beach not being part of the County library system and Mr. Kohl explained that this was completely wrong.: Mr. Caldwell moved to adopt the agenda, seconded by Mr. DeMarco. No discussion. Motion carried 5-0. A~OUNCEMENT$ Mayor Zack announced that City Hall would be closed OctoBer loth in observance of Columbus D~y. Monday, MINUTES - REGULAR CITY COUNCIL BOYNTO~ BEACE, FLOR~A OCTOBER 4, 1977 Mayor Mack then amuounced if there was any item anyone in the audience desired to speak on to please give their name to Mrs. Padgett and the City Clerk will call om themat the appro- priate time. MIEU~ TES Resular City Council Meeting - September 20~ 1977 Mayor Mack called om the members and ~. De¥~rco, and Mr. Caldwell replied they had nothing. Mr. Strnad Mrs. Jac~ksen referre~ to Page 18, third paragraph, and advised that it sheulds~ate: "Mrs. Jackson stated she thought we were getting in way over our he~s without k~ewing if the people want a golf course." 22~ second li~e dew~, and requested t~at be inserted before Beard. She referred to Page 2~ amd correcSed the amount of $72,000 te $772,000 in the first aud third paragraphs. ~yor Zack referred te Page 18 and clarified that ~e $65,000 per year. was for maintenance &nd personnel expenses. Mr. DeMarco moved to adopt the minutes as corrected, seconded ~yMr. Caldwell. Motion carried 5-0. PUBLIC AUDIENCE Joe DeLong.~ Hampshire Gardens, Boynten Beach, appeared before the Council and stated that in February, ~977, the Council directed the City Attorney to review files pertaimimg to his activities during the terms he serw~ed as Vice~M~yor and Mayor. On September 21, 1977, the City Attorney submitted a report. Immediately two members of the Council saw fit in the public press to prejudge him. In view of the fact that the report is an age~da item, he does not believe the remaining Council members can arrive at a fair unbiased determination without first hand kmowledge of his position~ He would like to enter his posit~en in reply to the City Attorney's report. He is spes~ug umder Public Audience because he will distribute copies of his remarks with ~he report from the City Attorney together with exhibits to el~inate any questions and answers. He then read the following statement: "RE: Report from City Attorney Moore dated 9-21-77 His Review of 'de~en~ Papers'. Im answer to the many false charges contained in the Attorney's repo~t, please ~e advised as follows: City According te Chapter 119 Florida Statutes, Sectiom ~119.05~ Disposition of ReCords at End of Officials Term - -2- MINUTES REGULAR CITY COUNCIL ME~TING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 Whoever has the custody of any public records shall, at the ef his term ef to his successor, or of Archives, History smd Records Management of the Department of State, all recerd's becks, writings, letters and documents kept or received by him in the transaction of his official business. on When he stated: were retained about 'it is my understanding that these files amtil om or with the previsions of ~thermore, the City Attorney stated 'personal possession,. is could lead one to believe (l) the fi~es were carried aromnd By me, (2) I kep~ the files i~ m~heme, or (3) I kept th~ files in the Mayor's Office. Nothing could ~e further from the truth. The City Mana- ger had in 1973 assigned Mrs. Ruth Fiane, employed i~ ~he Personnel Department to ac~ as my secretary whe~ needed. Mrs. Finne appropriately kept my files in the ?erson~et De- partment where she is employed and the files were open to the public at all times. According to the same Chapter, Section 119.06 ~ ~ Who is entitled to the custody of Dn~lic records s--~ma~d ~hem ~r~ma~y person having illegal pessessi~ o~ deliver same to him. ~y person public records shall aden demand of any person and days deliver such records to their lawful cusSediam unless just cause exists for failing te de- liver sUchmrecords. 3, states as ollews. 'Chapter #119 does NOT require de- livery of all public records to the ~ity ~-~k as eustodiau. The statnte merely declareE that the ~ity Clerk shall receive possessio~ of such records withi~ te~ days on demand therefor from amy perse~ amlawfully by the City At~e~ney,s legal opinion, illegal or ~lawful pessessio~ o~ publiO records, why wasn,t a demand made for them in accordance with the provisions of Section #119.067 Attached is a memo I received from my secretary, Mrs. Ruth Finme, ~ated E~bruary 26, 1976 - I will refer to as Exhibit #lA were teethe public, mail t received was s~ all -3- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 COunCil members daily· (He then read this attached memo meted as Exhibit #lA.) t will answer ia order each item on Page 2, Par~agraph 2, of the report as follows: (A) Exchange ef various correspondence between subject and individuals or groups representing heavy voter blocks within the City pertaining to ~purely social fmnctions. ANSWER: I have possessioa o£ one letter addressed to Mr. Eid~e~ B. Weiss, Green Me~'sClub, not kmow cZ amy restrietiems er laws prohibiting the sending of a letter of thanks for the imvitatiom received for Council members to attend the Club,'s picnic. (B~ Various letters subject directed to individuals and representatives of newspapers regarding attacks upom subject· that was not factmal. Rsad the news release I refer to as Exhibit #3 and my reply which I refer to as E~bit$3A. (C) Letter to Mr. Eeaneth Carpenter dated March 16, 1977 characterizing Mr. Oarpe~er ~ a candidate for the laughing academy or an e~eapee from ~ne' over the s±gnature of the ~yor · ANSWER: I do not believe Mr. Garpenter was justified in sendi~gmethe type ef letter that he did which t shall refer to as Exhibit #4 ~nd my reply to him which I shall refer te as Exhibit #4A. Considering the circumstances involved, I ~elieve my reply was appreciate. I don't mind ~eimg used, bmr I will mot tolerate a~mse. The next three items ia ~he same paragraph will all re- ceive the same answer. (D) Correspomdence attempting te e~tain federal empleymentfor an individual resident of Maine.. (E) Correspondence attempting to ohtaim federal employment for a resident of the ~illage of Palm Springs...(F) Inter- ventien withthe State commissioner of Education om behalf of another resident ef the~Village of Palm Springs. ANSWER: It is true that I did attempt to aid {hose who appea~~ me in these three instances. The same as I have ~een doing all my adult life as verified by Exhibits #5, SA, 6, ~A, 6B, 6D, 7 and 7A. The fact that these ~hree individ- uals are non-residents issufficien% proof that my eagerness to assist, and that my compassion for others extends far be- yond the political arena~ -4- MINUTES - ~EGULAR GtTY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 It is also important te note that all the public offi- cials t have contacted in the interest ef others also used e£ficial stationary and their public employed secretaries im correspondence with me. t know of no prevailing restrictioms or laws prohih&ting this type of activity. Page ~ Paragraph 3, begi~s~ with the words 'of a more From that same~ paragraph Item (a) correspon- im ~he file indicating subject's efforts, through his office a~d our Federal Legislative Delegation te obtai~ appointment of his Grandson tea sera, ce academy. ANSWER: That statement ms ABSOLUTELY FALSE.~ The truth of th~--~er is that my son, Don, notified me that my ~ramd- sen, Stere, was eligible to compete for entry to one of the several United States Military Academies. I asked my som, Don, hew that took place and was advisedly Gramdson, Steve, had corres~onde~ with the Congressmam at Do~'s urging re- questLug the Cong~ to. submit his name for eligibility. The CongreSsma~ grouted Stove's request. ~ correspondence to the Congressman which I refer to as Exhibit $8 is a letter of thamk~ and not a letter of reques~ and considered by me as gratitude. I know of no restrictions or laws prohihitimg this type of activity. (He then read Exhibit #8, the letter addressed to ~engressme~u L. A. Bafalis.) One attachmemt with the reDort was a comm~ication from Kozich & Kozich, Inc., Exhibit #1~, dated March 15, 1976, and I d~ not mnderstand that.particular situation. Getting hack to Page 3, same paragraph Item (b) corres- pondence indicating utilization of City equipment and personnel to clear private property at the request or o~ behalf of a condomin~massociation. AN~ER: The members of ~he cendomi~um association (Vil- lage R~y~on the Greem) ~re taxpayers and their ~eqmests for ~ity services must also be considered. I received a request from Mrs. ~lvia Wagner to clean up the property~north of the apartment bmildiag where she resides. This is not private property a~d is another false statement. The property in que~ti~m is public property owned by the school system. I channeled Mrs. wag~er,s request to the City Manager who was smpposed to contact the school authorities. If Mr. Kohl used City e~uipment and personnel that was hi~. decision and not mine. Once I turned over requests, it was then, I be- lieve, up to the City Manager to dispose of them in the appro- priate manner. ~s. Wagner's letter to me, I refer to as Exhibit #9 is sufficient e~idence her request was given to the ~ity Manager as she stated: 'We are mo~t appreciative of the quick action by Messrs. Kohl and Nart after your ini- tiation of the project, to clear the area of dead wood, in -5- NINUTES - REGUI~R CIT~ COUNCIL MEETING OCTOBER 4, 1977 BOYNTON BEACH, FLORIDA the section facing Tillage Royale '. My answer to Mrs. Wagner, I refer to as Exhibit #9 was courtesy and most appropriate. Same paragraph, Item (C) correspondence indicating expen- diture of taxpayer's money sad utilization of mumicipalper- sonnel to ¢onstr~ct private horse shoe pits and bicycle paths for the benefit of a condomimiumassociation. ANS ER. Agai~ this ms STATEmeNT. Is the wan or duplicate are and their requests for City services must also be considered. The horse shoe pits that were and locatedseuth and to the west of in the Little League Park en S..W. 15%h Avemue smd available to a~YCae. MY understamdingfrom theDi~ector o~ ~reation in High Point-, is, that it was the Director wh~ pla~med the horse shes pits ) the ~occie courts ia, that area. Accor~iag to the HighP~i~t Recreation Direc- tor it was the ~ity M~u~ager who told himthat the Mayor in t975 (not me) requested the bicycle path, Ia fact, it is not a bicycle path per se r~adway. The Nigh Point Recreatioa Director said it ~975 Mayer who pro- mised a resident of High Poi~ta bicycle path would be built. ~y only cor~neetiom with this project was receivimg the repeated requests from the residents of High Point to start this project and my forwarding of their requests to the City Manager for actiom. The communication of thamks I received dated Jamuary 19, t975, from High Point resident, ¥~. Leu Nor~er~, I refer to as Exhibit #10, was due to my efforts ia behalf of the horse shoe players. Same paragraph Item (d) correspondence of December 20, ~975, appears to indicate that subject conducted negotiations in his capacity ef Vice Mayor, to retain a law firm to the positiom ~f City Attorney, prior to his bemmntmgMayor ia 1976. There is no indicatiom that these negotiations were brought to the City Oeumcil's atitentisn by subject, nor was the documentati&~zrelative thereto filed with ~he legal cus- tediam of-public records of the City, nor were all members eZ the City Council furnished copies of said documemtation. The above actions would also indicate possible violatiion of the Snnshine Law. ANSWER: I never negotiated with Attorney Reed to engage his services as City Attorney. However, I did advise Mr. Reed to forward a proposal to the ~ity Council. It was my feeling a change womld take place to engage a local attorney ~ecause -the previous administrations were criticised for engagiag the services of a non-resident. -6- MINUTES - R~GULAR CI~I~E COUNCIL MEETING B01q~TON BEACH, FLORIDA OCTOBER 4, 1977 I believe Mr. Reed's communication dated December 29, 1975, I refer to as Exhibit #11, is positive proof that it was the City Council who negotiated the engagement of Mr. been forwarde~.) I fail te recognize any violationoor see any conmection Between the Sunshine Law and my asking Mr. Reed to forward a proposal to the City Council. tandiugthe Sunshine Law is applicable two or a ~d ~er om ~reseea~le action will he taken b~1 said body. As aa eEample, the present City Attorney while engaged in,the same positiom im 1972 was one of the principal complainants te the charge of wrong doing b2' ~ice Mayor Emily Jackson and Councilman David ef the City Co,moil ca~sed placed ia a legal publication seeking applications for the position of ~ity Attorney using a P. O. Box num~e~ of Vice N~yor Emily Jacksom to which to send the applications. One attachment with the report was a communication Kozich aRd Kozich, I~c. I refer te as Exhibit #12 dated March 15, 197~. Was there a question em this?? from In a ne~srelease i~ the September 2~, 1977 edition of the Miami gerald the ~ice ¥~ayor is quoted as follows: 'Council- woman Jackson who has not spoken to~deLemg in months~amd who has long suspected the former Mayor of what she calls less- tha~-ethical conduct. I th~ this~ac~on taken by th~s pre- pared report has done nothing to upgrade~ the image of this City. I have eeF~ed the PUblic long enemgh and stand here with honor amd integrity and do not intend te take this stuff lying down. Well, let,s talk about ethics. Was it ethical conduct for the majority meme~ers of the 1975 Council, who according to City Manager, ~. Kohl, instructed him to issue five ille- gal building permits? The Vice Mayor was part of that major- ity! ! I ask the ~ice Mayor, who claims she wants to protec~ the people, if it was ethical er legal for the present City Council majority to rescind the investigatiom of the City Manager,s fiscal practices that I re9mested ef the Police Chief, as Mayor ia 1976, under the provisions of the duties and powers of N~yor ia the City Charter sad doing so by com- pletely ignoring all the documentary evidence which was sub- mitted hy me. MINUTES - REGULAR CITY COUNCIL MEETING BOlq~TON BEACH, FLORIDA OCTOBER 4, 1977 The Home Rule Act specifically states any change ~_~ the power of~ elected official shall be by Referendum of the peepte and it is my people and NOT the Council majority could rescind investigatiom as it is a power provided By the City Charter. Were the secret meetings held By the ~ice Mayor and ex. Fmyor RoBerts to select the Cit2 Attorney, Board members, ~Jice MaYor Emily Jacksem Beach at that ~ime??? Furthermore, after I was elected in 1972, the them Vice N~yor Emily Jackson requested that t come te her home em a the commissioner 'la~d swap, Between Boynton Beach. This was and~imPressed me as so 'smelly' volved. a the Ci~ of as a hush-hUsh d~al that I rejected getting-~in- I can't believe the Uice Mayor has the brazenness te talk about ethics? At this ~ime, Mayor Zack referre~ to it Being 8:00 P. M.~.and interrupted Mr. DeLong announcing they would have to proceed with the PuBlic Hearing and would allow him to continue after- wards. ~PUBLIC HEARING ABandenmemt Request-. South 5 ft. of Lots 12 & 13, Crestview Subdivision Location: Vicinity of S.E. 4%h St. & S. E. 21st Ave. Applicant: Eleaner M. Preiditsch Mr. Kohl informed the Comncil that the abandonment request submitted By Louis Preiditsch for Eleanor Preiditsch to aban- don a utility easement described a~ove was reviewed by the Planning & Zoning Board at their meeting of September 27, 1977. The Planning & Zoning Board unanimously recommended that the abandonment request he approved after noting no ob- jectiom fromzthe City staff or from the Utility Companies subject te reservimg the westerly five feet for utility easement purposes. The motion to approve was made by Mm. Trauger and seconded ~y Mr. Lambert. ~ayor Zack asked if anyone in the audience wished to speak in favor of this request and received no response. He then asked if anyone wished to speak in opposition to this request and recei=ed no response. -8- MINUTES - REGULAR CITY COUNCIL MEETING OCTOBER 4, I ~77 BOYNTON BEACE, FLORIDA Mr. Caldwell moved te grant the abandonment of said easement, seconded by ~. DeMarco. No discussion. Motion carried 5-0. PUBLIC A~DIENOE (Comtinued) Nayor Zack requested Mr. DeLeng to proceed and Mr. DeLeng continued with reading his statement: "The harrassment hega~ in late 1973 when I decided to run for re-eleetiom after Mr. Falter Jackson approached me with his 'idea' to select r3mmming mates. I rejected his 'idea' statimg~I had enough machine politics in New Jersey and the only machine I ever desired to be involved with was a machine of the people. That was when I decided to sever relations with the Jacksons. All during the ~ice Mayor's term as Mayor im 1973, I cooperated and assisted in every manmer and fashiom that I possibly could to the fullest extent. During the election campaigm of 1974, when i was a candi- date for re-election, I was adv. ised that it was ~ice Mayor Emily Jackson who delivered the smear letter against me bear- ing the signature of City Attorney Moore to the Editor and Publisher of the ,Gold Coaster' a periodical of County-wide circulation. Copies of this 'smear, were placed in the condo- mini~m clubhouses the weekend before the ensuing Tuesday election, thereby permitting no time to refute the false charges contained in the 'smear'. Is it ethical for the city a~ditors, who were~engaged b~ the City Manager to assist the City Manager for a fee, to operate the City,s Finance Department and then audit their own operation? Where is the tenets of good government and the system of checks and balan~?-- The next thing ~ kaew was c~mplaints filed agaimst me in 1975 with the Stat~ ~ttorney,$ Office supposedly by ex-Mayor Roberts an~ Vice MayorEmily Jackson. One charge was for a~ allege~ election law violatiomamd the other charge, I believe, was for alleged withholding of public inf~rmation2 After a thorough investigation ~y the State Attoruey's Chief I~westigator, during which time I wasi~terrogated mn~er oath, eVidently there was no cause for.further actiem beca~se I heard ne more of these charges u~ntil they cropped up in dis- guise in this repor~ b~~ the City Attorney. Those who are continually attempting to embarrass me for either personal or political reasons have finally scraped the bottom of the barrel!! I canl truthfully, state that ne~er have I k~owingly-or intentionally violated amy laws, other than traf£ic, during my terms of office in our City or elsewhere. -9- MINUTES - REGULAR CITY COUNCIL MEETLNG BOYNTON BEACH, FLORIDA 0CTOBER 4, 1977 This slanted political report of half-truths does not intimidate me in the least. The dirty tricks, the of the ~ted me from becoming a camdidate for -City Amd, as always, I shall conduct a cleam cut campaig~ of the highest level. Im clesimg,.I wish to state that t can safely say I have served my Omty with honor amd integrity and in a straight- [erward mmmmer ac- ' tivit~es. A wise mam sai~: lie ah~u me be forced to tell the truth ab~ut~you.~ Thamkyou." Mr. De,cng then distributed cepies~to the City Coumcil mom- Hayer Zack asked if ~one else desired to s~s~ umder Pablic A~dienee. Mr. Carl Washington, appeared before the Council, and stated he was a citizem of Boyntem Beach having teem berm amd raised here. He has a problem he would like to brimg t~ the Council. He has a couple of buildings on Railroad Avenne. He has talked to Mr. Howell about them, but they have had difficulty contacting each other. The power was cut from two of his buildings. Also, the meter was taken out and he called Florida Power ~ Light Co. an~ they said to check with the BuildinE Department ~o see wha~ had happened. He diseussedhis fear buildimgs wmth Mr. Howelland ~is ce-workers% They wanted four ~nildings to come dOWn, b~t he wants to mare two Which he was working on. He had momey tied up in the two and g~t a loa~ to do the repairs. He wanted to bring this te the attention of the Council. He told M~. Howell that two could ~e demolished, but his sister lives in one and he wamts to ~ave the ether one. He then told about the same types of houses being in the area wheremhe lives and the people were ~ble to repair thom. He went back to M~. Howell about this a~d was referred to this meetimg as Mr. Howell said he could mot do amything. He wanied to bring this to the Coumcil's aitemtion and see if they could look int~ the matter. Mr. Howell told him~about the government lo~s, but he is already paying a loam now which is as much as he cam handle, He also asked Mr. Howell to send aids out to view the property to see what was necessary to correct it and they we~t over it amd it was not very much for these two particular ~ous~s. He has ~reed to fis the two, but Mr. Howell s~s ~e cannot do any- thing. It is very important that he tries ~o save these two Mayor Zack asked if he had discussed this with Mr. Kohl and Mr. Washington. replie~: yes, about three times and he had to call this time about this meeting; it was also hard to catch MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 Mr. Kohl. Mayor Zack asked if Mr. Kohl could follow this through and Mr. Kohl replied that he could leek at it again, mpgrade the City. Ne will be glad to meetwith Mr. Washingtom again, hut the BmildimgDe the recommemdatio~s the Comncil. M~yor Sack req him to please fotlew through en this agaim. Mr. Washington. centimued that ~aturalty he is watchimg what i~ happe~g~ i~ Boymto~ Beach all his life amd sees %hesame in his area stay a~ud this is rough em him. Mayor Sack imformed him that it womld he followed through. the Co~mcil is aware, ~0 police officers and their families ha~e participated im a petitiom drive. The reason for this petition drive is that the Gity mMama~er at ~hree negotiatiom sessions walked o~t of the talks. They are here tonight to the petitions, seconde~ By Mr. DeMarce. Motiom carried 5-0. ~. Nathamiel ~oGr~-~, appeared before the Council and ad- vised that he ~as been anemple~ee ior the City of Boymton The City Mamag~r has failed to cooperate with him. There have been positioms eden with the City which he has ~een to listen to h~m. He has ~e~ ~ere 21 years and has been tmrne~ d°W~. -11- MINUTES - REGU~ CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 M~yor Zack replied that he did talk to him briefly and also realized that he ha~ ~ee~ to the Persommel Director and City Manager, but as he kmows the pay scale is set up to get a pay increase every six years and them ge om a longevity schedule. There would be terrific salaries if it was increas~ every year for 20 years. Mr. McG~j~y~ replied that his salary is so low after 20 pears, hut a mam comes in from the street~a~d does the same thing and gets more money. Mrs. Jac-ksom asked if F~. McGr~d~ ~ had ~eem treated any dif- feremtly tham a~y other em~leye~ amd M~r. Kohl replie~ that he had ~ot ~en treated amy-~i~erentl~. Mro McGr:~.~ d~a- gree~ ~d s~ated that he ~ type~ letters i~ resp~e te jo~ e~ngs, ~t mew faces are employed an~ they ~ $60 te $70 more per week them he ~oes. ~. Kohl state~ that ~.~mdy h~ ~ee~ treated fairly ~d he womld t~ke this called off n,w. ~. Me,adp replied that this is the ~pe of trea~mt he h~ ~ee~ getting. He does no~ thi~ the Ce~cil should sit amd let the City M~ager treat employees ~he w~ they ~ee~ ~reate~. They have ~eem He ~o~es e~ery ye~ ~d does mot t~ i~ is fa~ te~ te sit ~d let the Ci~ M~ager ~ea~ the empleyeem ~he w~ he h~. Mr. Eddie Mitchell, 329 N. E. 12th Avenue, appeared Before the Gou~cil and stated he was very much ~isturbed over the reactiom of the Gity Mamager at this time. He thinks it is ridiculous the way the CiSy Manager treats the employees, and the Pslice Depar~mem~. He gets reports that Mr. Kohl frequently walks out ef meetimgs. ~f Mr. Kohl is their em- ployer, he th~s he should trsat the employees as human ~eimg~. He has had meetimgs with M~. Kohl and has let him know that he is mot an amimal. He does not th&mkMr~ Kohl kmows how to treat people~ The these employees and need~ them. shomld conduct himself im a mnch more orderly mamner. He thinks the City Council ~oul~ look into this. Mr. Kohl ~urned off' the previous man a~d does it with ether people. He thinks it should be looked into. Mr. Jack ~alter, Jr., appeared before the Coumcil and advised that he has lived here for almost 27 years and has beem a police officer for two years. He knows beth sides of the coim. He has seen this town grow from a small place to a bigger place. He thinks He has more stake in this town than most of ~he people om the City Council. He then tha~J~ed everybody who has showm their appreciation and support for Mayor DeLomg, the two gentlemem and the police officers here and their families. BIDS Ome (I) 20 Cmbic Yard Rear End Loader Garbage Packer Mrs. Jackson moved to take this fromt~he table, seconded by Mr. DeMarco. Motion carried 5-0. -12- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 Mr. Caldwell suggested declaring a three minute recess in view of the number ef people exiting a~d Mayor Zack agreed. Mayor Zack them called the meeting back to order at 8:30 P. M~ Mr. Kohl informed the City Council that bids on the above were opened om Tuesday, September 13, 1977, at 3:00 P. M. in the Office of cur Purchasing Agent, Mr. William H. Sulli~am. The Tabulation Oommittee recommends ~acceptance of the low bid £rom Rich Motors, Inc. of West Palm Beach in the amount of $23,850.41. A copy of the Tabmlation Sheet, Proposal and Affidavit signed by Mr. John A. Klaiber, Jr., General Manager of Rich Motors, Inc., ~e on file. He has checked all other requirements amd everythimg is in order. Funds for the above p~rchase ~ecame available upon the pas- sage of Ordinance No. 77-~-3 which appropriated $25,000.00 e£ the Anti-Recession Fiscal Assistance fumds irate the tatien Acce~t No. 001-853-79. He concurs with the recom- mendations of the Tabulation Gemmittee, Etatement from Re~e~ Fettz, Superintendent ~ud members of his staff, hame been a copy of the telegram from the statim~ ~hat all requirements ha~e ~eem met ontthe above. Mrs. Jackson mo~ed to grant %he bid to Rich Meters, Inc. of Miami had questioned the specifications, bm~ %he tele- gram hasverified that this does meet specificS%ions. Motion carried 5-0. 0rdi~ances - 2nd Readin~ - Public Eeari~$ Proposed Ordinance Ne. 77-29 - Re: An Ordinance Rezoning Lots 1,4 & 16~ C. W. Copp's Addition from Zone R-2 to C-2 ~Ir. Moore read proposed Ordinance No. 77-29 em second read- i~g. by captio~ only. Mayor Zack asked if a~yone in the audience wished to speak in favor of this ordinance and received no response. He ~hen asked if a~yone intthe audience wished to speak in op- positiom to this ordinance and received no response. Mr. DeMarc~ moved the adoption of Ordinance No. 77-29 on second reading, seconded b2 F~s. Jacks~m. No discussion. Mrs. Padget~ took a roll call vote o~ the motion as follows: -13- MINUTES - ~EGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 Coumcilmam Strmad - Aye Coumcilman Caldwetl - Aye Cou~cilmam DeMarce - Aye Vice Mayor Jacksom - Aye M~yor Zack Aye Motiom carried 5-0. Proposed Ordinance No. 77-30 - Re: Am Ordinance Approving Plat of Cra~hrook Lake Estates Mr. Moore read proposed Ordinance NO. 7?-30 om second read- ing by captiom only. Mayor Zack asked if amyone in the audience wished to speak in favor of this ordinance and received no response. He then asked i~aamye~e wished to oppose this ordinance a~ud received no response. Mrs. Jacksom moved the adoption of Ordinance No. ~7-30 on secend an~ final reading, seconded hyMr. Caldwell. Ne discussiom. Mrs. Padgett took a roll call vote o~ the motiom as follows: Councilma~ Caldwell - Aye Councilmam DeMarce - Aye Vice ¥~yer Jackson - Aye Councilman Strnad - Aye Mayor Zack - Aye Motion carried 5-©- Ordinances - 1st Readin~ Proposed Ord~ce No. 77-31 Council Meetin$ Night Re:If an Election Falls on a Mr. Moore read proposed Ordinance No. 77-31 on first reading in its entirety. N~s. Jackson moved the adoption of 0rdim~_~ce go. 77-31 on first reading, seconded ~y ~. De~rco. Under discussion, Mr. Caldwell asked if this meant any municipality in Palm Beach County or specifically ~oynton Beach and referred to the wording of it and ~irs. Jackson referred to it stating Boymton Beach at the top. ~. Caldwell asked if it carried down and M~ Moore replied affirmatively. Mrs. Padgett then took a roll call vote on the motiom as follows: Ceuncilmam DeMarco - Aye Vice Mayor Jackson - Aye Gomnc±lma~Strnad - Aye Councilmsm Caldwell - Aye ~yor Zack - Aye Motion carried 5-0. -I~ MINU~S - REGULAR CITY COUNCIL MEETLNG OCTOBER 4, 1977 BOYNTON BEACH, FLORIDA Resolutions Proposed Resolmtiom No. 7?-AAA - Re: Local Government Compre- hensive Pta~min~ Act Assistance Fund Program M~. Moore read proposed Resolution No. 77-AAA. F~. Caldwell moved the adoption of Resolution No. 77-AAA, seconded by Mr. DeMar¢o, No discmssion. Mrs. Padgett took a roll call ~ote on the motion as follows: Vice M~vor Jackson~ Aye Councilma~Strnad - Aye Coumciiman Caldwell - Aye Co~acilman DeMarco - Aye Mayor Eack Aye Mo~iom carried 5-0. Proposed Resolutiom No. 7Y-BBB - Re: Establishing City of Beach Federal Public Works Grant F~ud Accoum~ Mr. Moore read proposed Resolution No. 77-BBB. Mr. De~co moved the adoptio~ of Resolution No. 77-BBB, seconded by Mrs. Jackson. No discussion. Mrs. Padgett took a roll call vote on the motion as follows: Councilmam Strnad - Aye Coumcilman Caldwell - Aye Councilman DeMarco - Aye Vice Mayor Jackson - Aye Mayor Zack - Aye Motion carried 5-0. Proposed Resolution No. 77-CCC - Re: Requesting a Proposed Revision of Florida State Constitution Article VIII, Sec- tiom I (h) Moore read proposed Resolution No. 7?-CCC. M~s. Jackson moved the adoption of Resolution No. 7?-CCC, seconded by Mr. Caldwell. No discussion. Mrs. Padget~ took a roll cnll vote om the motion as follows: Councilma_u Caldwell - Aye Councilman DeMarco -,Aye Vice Mayor Jackson - Aye Councilman Strnad - Aye Mayor Zack - Aye Motion carried 5-0. MINUTES - REGULAR CIT~ COUNCIL MEETING OCTOBER 4, 1977 BOYNTON BEACH, FLORIDA Proposed Resolution No. ?7-DDD - Re: Florida Power & Light Rate Structure Moore read proposed Resolution No. ?7-DDD. Mr. Caldwell moved the adoption of Resolution No. ?7-DDD, seconded by ~s. Jackson. Fo discussion. Mrs. Padgett took a roll call vote o~ the motion as follows: Councilman DeMarco Aye ~ice Nmyor ~ackson - Aye Cou~cilmanStrnad - Aye Ceum¢ilma~aldwell -Aye M~yorEack Aye Motion c~rried 5-0. Other Status of Law Suits F~s. Jack, on requested a report from Mr. Moore regarding the status of the law suits. Mr. Moore stated that the zoning suit and the judge missed it with prejudice. latest development is en the Michaels' rmled in favor of the City and dis- Mr. Moore informed them that the Tubby Fields' suit was still pending. The Building Dep~rtment and F~nance Department have completed their review and discussed the m~tter and are in negotiations to make a recommendation to the City Council. Mr. Moore advised that he ha~ been in, continuous discussion with the attorneys regarding the Risker Case and explained how he felt we are making headway to them e~oandoning the pro- ject. There will be a meeting withi~ the next two week~ and he hopem to have it finalized. Mr. Moore stated that the other ~ is the Kribs suit and he explained how ~udge ~ohnson had dismissed it twice and he ~e- lieves it will be finally dismissed in prejudice. M~s. Jackse~ asked about the cost for the Nichaels' case and Mr. Moore replied that Mr. Michaels will have to DaY for the court costs out of his ~ocket~ Mrs. Jackson s~ked if this included the witnesses and Mr. Moore replied~affirmativel~. OLD BUSINESS Investigation of "DeLong Papers" - M~yor Joseph F. Zack Mayor Zack referred to the members having had the opportunity to express themselves and suggested accepting the report from the City Attorney. ~irs. Jackso~ moved to accept the report from the City Attorney, seconded by Mr. DeM~rco. No discms- sion. Motion carried 5-0. -16- MINUTES - REGULAR CITT COUNCIL ~ETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 Mayor Zack then amnommced he would start om his left for remarks from the Council members regarding an investiga- tion. Fr. DeMarco requested to reserve his remarks. Mr. Strnad stated that as he said i~ his previous statement, this whole thing is just a lot of politieal hogwash. He really thimks the Council people who went out a~d made such ludicrous statements pertaining to jail, etc. were out of order. They did met kmow the facts. One of the Council memb,ers who made a statement has only ~eem livimg here for three years, ~t thimks he k~ows e~erything goimg on. He thimkm it would be fair for these people Who made the state- ments to get the facts and then use commom sense before dis- tribmtimg them for the public. Mr. Caldwell stated that he has lived here for almost five years and M~. Strnad replied that he did mot mentio~ any name $. Mrs. Jackson read the following statement: "We have had a report that the investigation i~to last year's mayor eonld have uncovered some possible violations of several laws. I de not wish to be one to say this is so, er is not ss. It has been said that it could hurt the image of Boynton Beach to pursue this matter further. However, we have all sworn to uphold the laws of the state. If a possible violation is brought to our attention are we to be selective as to whom we feel should live up to the law, or should we see that the law applies to e~eryone equally? Are we going to leave ourselves open to an accusa- tion of operating under a double standard? The image o£ Boynton Beach cam be hurt more if we are to have a reputation of sweeping alleged illegalities under the rug. Also it is ~ot fair te amy persons concerned to leave this undecided. First, I want it understood that I am mot s~ving that the subject is guilty of ~.ything. Howe~er, since there seems to be a difference of opinio~ between the internal investigator and the one investigated, ! feel this should ~e turned over to unbiased investigating agencies to look into. Therefore, I move that the following be done: The Ethics Commission should be given copies of the letters written by the subject to various members of the State and Federal governments, asking for jo~s for numerous persons, to see if this is a vio- lation of F. S. 1~2.313 (6) which states that no public officer shall use his official position to secure a benefit for himself or others. MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA OCTOBER 4, t977 A request te State Attorney David Bludworth (who ~ma~ feel he should disqualify himself as he is a friend of the s~bject) and/er Attorney General Robert Shevim, and/or the ~tate Crime Commissiom to ask that they: (a) Ascertain whether F. S. 119 has been violated, hy inspecting the 1976 records which were re- cei~ed by the City Clerk im January 1977; and by i~ter~iewing all members of the 1~76 Co~cil to see if they received the correspondence. (b) Imterview the secretary who hamdled the past mayor's¢orrespendemce to see when the words 'please see that the City ~nager and the Coun- c&l get this' was added to the letters amd also find emi what ~er~al imstructioms were given to her as to the ~ispositiom of this mail. Ascertain whether there is a possibility of the 'Sumshine Law' having ~eem violated by seeing whether all five ef the 1 976 Council members were apprise~ of copies (im December 1975) of a contract with a law firm for the coming year." Mrs. Jack~en stated she would withhold this motion until after the Mayor speaks. Mayor Zack then read the fo!lowingstatement: "As of February 1, 1977, the City Attorney was authorized to investigate the se-called DeLong papers for any violatioms and report his findings to the City Council. The investigation was cempleted aud turned over to the individual members of the Council, late afternoo~ of Septemhe~ 21st. Some members of the press kuew about the completion of the investigatiom long ~e- fore some of the Council members received any word that the report was completed. This was a most unusual procedure for handling such material requested by tho Council. Since this investigation was brought to the attention of the City Attor- ney at a regular meeting on August 16, this report should have beem handed to the Council members at a regular meeting or a called special meeting. Again, I must repeat, an mmusual way of handling a request by the City Ceumcilo After checking the 1975 and 1976 DeLong papers or files, I find that a very small percentage was devoted to the former Mayor. tn most cases, the former Mayor was answering letters, responding to the press, expressing his appreciation, and letters of recommendations. This to me, is a small part of the responsibility of the Office of the Mayor. Ne are here to help people i~ whatever way possible a~d not dim their enthusiasm for hmgher goals in lif~. I find that this ~nves- tigation, as I have stated it before verbally, is nothing -18- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 more than cheap fodder for the political foes. I~ many pro- fessiens, which deal with the general public, constant demands are received for i~formation, imquiries, amd recommendations from all walks of li~e. I~ my profession, I received h~mdreds of letters seeking advice, recommendations, a~d information in general and it was part of my respemsibility to a~ewer these letters. Yes, I used the school secretary, as well as the typewriter and the needed supplies te fulfill their re- quests. This to me is no different than what is expected of the City Namer or amy other pmhlic official. These findings listed hy the City Attorney were'discussed by individual Council members as the mews media stated, b~t not at a meeti~g of the Council. This I feel warrants nD legal action and it was m~tivated for s~me political drama." M~s. Jacksom referred to his statement of this being emus- usual thing and stated that the report was im her mail~ox the afternoon ef the 21st. One ef the reporters did call her and request a copy and she told him that he could read it if it was in central file. It was not primted that same day. MaYer ~ack replied that he still feels it shomld have ~een handled at a Comncil meeting and not handed out im advancs. He al~o received a call £rom the Dress, ~ut did not have the papers. Mrs. Jackson stated that they were in his mailbox and ~yor Eack replied that there was a meeting on September 20 amd the next aftermoom, it was brought int~ the Cit2 Glerk's office. A reporter aPPeared ~ef0re the Cezmcil clarified that he did have the informatiem on Wednesday after- neo~, ~ut withheld the information antil Friday feeling they should have all read it by then. M~s. Padgett informed the Comncil that Mr. Vastine had re- quested te speak. Mr. R. B. Vastine, 132 Leisureville Blvd., appeared before the Council and stated that during his many years of living in Boy~ton Beach, he has never see~ a more disgusting situatiom tham now~ There is a great clamor to improve ~he image of Boynton Beach, ~ut this isDpolitical hogwash. He can also say honestly to Mrs. Jackson if infor- mation such as this was sent to him at the Crime Commission, he would send it back to her. Everyone knows what has hap- pened. He requests the City Council to ignore the motion for further investigatiom as it has no place. Just go back and see what hashhappened. This is utterly ridiculous. M~s. Jackso~ clarified that she made a motion and if nobody car~ to se~nd it, it is all right with her. M~myor Zack re- quested her to repeat the metiom. Mrs. Jacksem first stated that if these are sent and come back and nothing is wrong, that is fine. She then repeated her motion as follows: MINUTES - REGULAR CITY COUNCIL MEETING BOYNTO~ BEACH, FLORIDA OCTOBER 4, 1977 The Ethics Commissiom should be given copies of the let- ters written hy the subject to various members of the State and Federal go~ermments, askingfor jobs for numer- o~ persons, to see if this is a ~iolatlon ef F. S. 112.313 (6) which states that no public officer shall mse his official position to secure a benefit for himself or others. 2. A reqmest te State Attorney David Bludworth {who may feel he shemld disqualify Bim~elf as he is a friend of the sub- ~e¢~) amd/er Attorney General Robert She~i~, a~/or the State Crime O~mmissiom to ask that they: (a) Ascertai~ whether F. S. 119 has ~eem violated, by i~pecting the 1976 records which were received by the City Clerk in Jamuary 1977; and hy imterviewiug all members of the 1976 Council to see if they re- ceived the correspondence. (b) Interview the secretary who handled the past mayor's correspondence to see when the words ~p!ease see that the City Manager amd the Council get this~ was adde~ to the letters aad also to find out what verbal in- structioms were given to her as te the dispositiom of this mail. 3. Ascertaim whether there is a possibility of the "Sunshime La~' having been violated by seeing whether all five of the 1~76 Coumcit ~m~e~ were apprise~ of copies (in December 1975) ~f a contract with a law firm for the coming year. F~yor Zack ascertained there was no second for the motion. Ma~or Zack~ref~red to_~as~ in~estigat~ ~oth loc~tly and SeeM in.of nationally and stated that the G0uncil took action at the 8/18/77 Jan~ar~ 3 meeting to suspend the investigation in reference t0 expenditures of the Christmas para~e, but t~ere was mo~e involved. He's~g~ests that thi~,~fite bs ~pened as~h~&~ ve~ nuci~ ~nterest~d ~n p~rsuang this mat~er asjj~he Public h~s t~e righf %o k~.ow~ .~He ~h~s reCeived-many, calls questioning why~'~s investigation and Tiao ~iuamce~ Dire~h'or case were not 'csrried ~ 2 ~hrough and personalty feels there were some ~iotations. Mr. Strnad made a motion to pursue this investigation as it was previously asked for. N~. DeF~rco asked where the re- ports were of this investigation and Mayor Sack replied that they were in the central file. Mrs. Jackson moved to table this to give people the chance to review the papers. Mr. DeMarco agreed he would like to review the papers and seconded the motion. Motion carried 5-0. City Manager,s Recommendation - Re: Commercial Lamndries (Tabled) Mr. DeMarco moved to take this from the table, seconded hy M~. Caldwell. Motion carried 5-0. -20- MINUTES - REGULAR CITY COUNCIL MEETING BOY~TON BEACH, FLORIDA OCTOBER 4, 1977 .Mr. Kohl informed the Council that he has discussed the above issue with the members of his staff and they are of the opinion that we should revert back te the sewer rates that were im existence prior to the letter we sent to all laun~rc-mat owners dated July 12, 1976. Further, we have written to our fiscal agent, William R. Hough and Company and they state: "The requirements of the bond resolutious as to rates andcharges and hilling procedures are that they be applied at lc=els and collected promptly in a manner that will produce the needed revenues. Under the bend resolutions, the City has agreed that there is class of eustsmer shall be uniform." Mr. Kohl continued that if Council approves this recommenda- tion, he would like it understood that there shall be no re- imbursement of funds. These new charges will be effective with their next billing date. ~. DeMarce made a motion to pass these rates with the under- standing they are not to be retroactive; revert to the old rates, but not retroactive, starting October 1. Mrs. Jackson seconded the motion. Under discussion, }~. Strnad stated he thought if these people were unjustly charged, he thinks they are entitled to a refund. Mayor Zack stated that later on when the sewage plant is completed, there will be a mandate in regards to rates and he thinks we should wait until then and accept the prevailing rates. Mr. DeMarco added that the rates may be low now and will give a break on some of the overcharges. Mrs. Jackson commented that they were not quite as low as before the law suit was filed and Mr. Kohl informed her that they were lower. Mrs. Jackson remarked that this would offset it some. Motion carried 5-0. Oousider Appointment of Alternate Member - Board oE Adjustment (Tabled) Mas. Jackson moved to take this from the table, seconded by Ne. DeMarco. Motion carried 5-0. Mayor Zack referred to there being two applicants and stated that Mr. Joseph E. DiFiore submitted a letter on August 23. Mrs. Jackson referred to Mr. Charles Rodriguez being the gentleman who spoke at the bridge hearing and stated that he seemed to ~e articulate amd put great thought into it. Mrs. Jackson then nominated Mr. Charles Rodriguez in view of his ~ackground, seconded ~y Mm. Caldwell. Under discussion, Mayor Zack stated he feels the other gentleman has qualifica- tions and submitted his letter first. Mr. Strnad added that this particular gentleman attends every Council meeting and -2 l- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 is t~g a great interest in the progress of our City. As requested, Mrs° PadEett then took a roll call vote on the motiom as follows: ~ice ~yor Jackson - Aye Councilman Strnad - No Councilman Caldwell - Aye ~ouncilma~DeMarce - Aye Mayor Zack - No Motiom carried 3-2~ Discuss ~usole~m amd Cemetery Bomrd (Tabled) Mayor Zack requested these to remain on the table because he would like to discuss them with the Board and plans to meet with the Booed tomorrow evening. He added that the Chairman was still i~ the hospital. ~o~sider Receipt of Correspondence from Associated Landscape ~e~trac~ors (Tabled) Mr. Kohl informed the ~ouncil that he had net received a~y word, MayOr Zack stated that according to ~he Gommunity AppearmnceBoar~, they definitely do not care to have a forester telling them what to do. ¥~s. Jackson moved to scratch this from the agenda unless something comes up, seconded ~y ~. DeMarce. Under discus- sion, ~. ~aldwell stated that as he read the letter, he does ~ot think ~hey are asking to have us hire a ~orester to ever- see. He t~i~ks we want a reply of what their actual inten- tions were° He a~ked if a letter had been sent asking for clarificatio~ of their request and M~. Eohl replied: yes, Bmt we have receive~ no reply. Mr~ Caldwell requested that it be left o~ the table fc~ one more meeting. Mrs. Jackson commented that she thinks, they are applying for money. Mayor Zack announced that it would ~e left on the table. Gonsider R~ssell &Axo~'s Supplemental Agreement #6 Gerrespondence from DER Dated September ~8 (Tabled) ~r. DeMarco moved to take the agreement from the table, seconded by Mr. Caldwell. Motiom carried 5-0. N~yor Zack requested ~ Moore's comments om the agreement and M~. Moore replied that he discussed the agreement with the Gity Manager ~ased~n the contents of the letter and Erom past e~idence, it appears this phase of the project was commenced back in the early part of 1972 an~ is part of a continuing program in effect. Mayor Zack asked if he was satisfied with the agreement and Mr. Moore replied af- Z~rmati~ely. -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1 977 Mr. DeMarco stated that based on the City Attormey,s findimgs, he moves to accept the contract with Russell ~Axom, seconded by Mrs. Jackson. No discussion. Notion carried 5-0. Mayor Zack then referred te correspondence d~ted September 28 from the Department of Environmental Regmlatiom and requested Mr. Hallman ~o read the letter. Mr. Eallmam then read the attached letter. Mayor Zack stated he was very much concerned with regards to the Mr. Hallmmm replied tha~ he has Mr. War~en Strakm, his assistamt, amd techmical about this letter amd the comtents amd hew the letter came about, as well as i~ %omch with Mr. Glemn d. We' thoroughly dis c~ ~e~ local ~ 1 ~. He was mot in on went addi- tiomal cc to mtilize lime sagenc.ies it er the tional om the ~re maimtaim- ing sof~eming ~-ocess. ~e ~ 9toot the u~ers, ~t other people in , ~e ~m~ ~. Bach was mo~ in on Mr. Hallmam stated that what they want ~o do now and what process of iron removal and color removal and go ahead with the expamsion. The differemcewith the original letter is the requirement to ~u~m&t a complete revisie~ to the permit applicatiom. This is the paperwork necessary a~d they are changing it at this time. M~. Hallma~ then agreed that the last two paragraphs are disturbing. During times of extreme dry periods, he has come ~efcre the Council advising that the plant needed to he expanded. He has checked the records and has determined where 145% was referred to, we have approached that figure and did have days throughout the past 18 months, but they are peak days, peak hours. These are peaks and valleys. -23- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 It also bothered him where it said the overloaded plant has failed to meet erie or more of the quality standards for pot- able water in nine of the past seventeen months. This man is speakimg ef se~en days within the 17 months that~ we have exceeded the old standards for irom. That is the onl~ thing he comld find ia the recor4s. This was his concern. He told Nr. Strahm th&t i~ was strong wording for not meeting quality standards. It was enl~ seven days i~ the pas~ 17 momths and always duriag peak periods, The~e was ne bacteria centamima- ~ot have a le~el for item. The State prcpose~ to use ~or iro~, which we have days. im exce~ ~o mot have secon~ per those seven s~an~ds Our moe% it. ~r. Hallma~ advised that they s~e finish'_~_~g ~hange order for the the changes of the ~hey expo with the ~tilities Director amd go over the and operatiom~ ef the pla~t. After that to the DER with the full information of the ~ecessar~ to meet next week they will go proposal. This last letter infers that modifications to' the ~lant he made somehow after the test resmlts. The letter of.August 19 says yours thromgh the process for one year a~d~ then submit the tests for the record, That is what weave going on and that is understood now. We will meet with them next week amd keep the Council fully advised. Mayor Zack asked if a rstraction would 5e made ~y DER and Mr. Hallma~ replied that they co~sider if you exceed eno day within a given month that it is exoeedlngfor the month. ¥~jor Zack referred to the contamin~e~e~2~s and Mr. Hallman replied that the State of Florida, DER and Palm Beach Cemnty Health Department are extremely consemvative, We have ex- perienced contaminatio~ im the we~ls, ~ut have experienced an overgrowth and the fourth well has not proven contaminated. When sua additional harrier is intthe p!a~t, ~he wells cam be put back in operation. Mayor Zack stated he was concerned with having these reports and asked if there was some co~unicatio~ before a letter is sent out like this as he was alarmed. Mr. Hatlman replied that he was also surprised and talke~ to Fm. Kohl. They shouldn't get excited about the contents. The letter was directed to Russell & Axon and they will meet with DER and submit their proposal and the test data. This is the pro- cess which must be followed. Letters follow mp on technical aspects. -24- MINUTES - REGULAR C!T~ COUNCIL MM. MTING BOTNTON BEACH, FLORIDA OCTOBER 4, 1977 Mr. Strnad asked if the Ntilities Director was in accordance with all the change~ and if he was satisfied with the way this Council is changing this plamt around and Mr. Hallman replied that he did not know if he could amswer for Mr. Cessna. Mr. Strnad referred to him being in contact with M~. Cessna often and ~r. Hallman replied that he hated to speak for him and N~r. Caldwell agreed that he didn't think he should. Mr. Caldwell c~arified that he thinks that ques- tio~ shemld be put to ~. Cessna directly and does not think Mr. Hallman is in a Dositio~ to answer for Mr. ~essna. Nmyer EaC~ stated he thought ~. Eallmam scald an~ he referred te ha~g aletter ~ated September ~2 a meeting with Mr. Hallman, Mr. Cessna, ~em, etc. ~r. Hallman agreed that t~ey did have a They talked a~out the new process come the COUncil many times. Mayer Zaek stated ~hat he did not k~ow anything about that meeting a~d wo~l~ have ~een hapFy te ~ttend and Er, Hallmanreplied that he w~ld inform the City M~anager when~ey will meet .with Mr. Oess.maand he would also like to t~ke ~. ~essna with them for th$~meeting with DER. Mr.s. Jackson a~d*~ that she did ask Mr. ~essna w~en there womld be a meeting and she at~ended.*~ NE. Hallman added that there was one other statement from Mr. Bach regar.di~g the accepted method of treatment to use lime and he referred to this hook. He has read this hook and it is mot i~ there, tt speaks of alum and lime ceagm- lation as processes which are accepta~leo Mr. Strnad referred to him mentioming that we can~o$ be more restrictive thamEPA and DER reqmirements and questiomed why we couldn,t be as in most instances we can and Fm. Haltman clarified that he was speaking to the law passed ~y the State Legislature in adopting, safe dri~ng water standards. The DER cammet adep~ standards stricter than EPA. The City Council ma~, ~at the City Attorney should answer that. Mr. Strnad continued that we should get the best possible water for our citizens and not Just meet the requirements~f EPA and DER. Mr. Hallman replied that they were dilligently doing that. Mr. DeMarco stated that he personally believed the right hand did not W~ow what the left hand is doing in Tallahassee and Mr. Hallman.agreed and explained how the branches did not work together. Consider Proposed Ordinance Regulating Parking of Recreational ~ehioles ~m. Kohl informed the Council that the Planning & Zoning Board, at their meeting of September 26, 1977, recommended that the proposed ordina~uce regulating the parking of re- creational vehicles be approved. Furthermore, it is noted -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4,1977 that a deadlock exists on Section Ye, A-3 as to whether or not a three foot side yard setback should be maintained when recreational ~ehi¢les are parked in the side yard. Chapter 30 has been s~mitted for their perusal. The motion to ap- pro~e was made by Mr~ Lambert and seconded hy Nrl Traugero The vote was 5-I withes. Huckle dissenting. May he hawe COuncil,s wishes c~ this matter please. Nrs. Padgett informe~ the Coumcil tha~ Nr. ~astise had re- quested te speak. Mr. R. B. ~astine, 132 Leisureville Blvd., appeared before the Cem~i~ and stated he a~.ked to speak on ~his because he has the ~erstandimg what ~s i~vcl~ed in this situation. He does not thi~k the ~eople in Boyn~e~ Beach recogmize the impact ef deed restrictions im the var- ieus con~eminiums~ He ~amed the ~arious condominimms in vehicle, heat er camper cam he parked ia the area. Ee then asked if this is what this ordinance was all about and Nayer Each replied that he believed this was e~¢l~dedo ¥~s. Jackson added that the fcb~y could net o~errmle amy deed restrictions. Mr. ~ast~e. continued that ~mder the deed restrictions, such a vehicle cannot ~e parked i~ these areas. appreximately 15,000, a~ the people with recrsational vehi- cles ars a small minority. Ee thimks the. City Council should mot make a decision about th~s. make the ~ecision. If they they should not 5oats or recreational fence s~ating that this s~c~om ~mit amy deed re~ lar pri~ate limitation requirements or limi~a~iem than The~ should let the people Beach, of ~arBack read the sen- me~ be censtrue~ to or simi- more strisge~t Mayor Zack stated that he persennal~felt the Plamni~g and ZGning Board did a terrific job. He thinks a lot of time was spent on it. He thinks the2 did their best. He feels most of the arguments were presented hy people who have recreational vehicles, hut %himks the ether people should decision on this for %hepeeple. ~s. Jackson stated that if this goes for referendum, she thinks the people should be given the choice whether te keep the present ordinance~ change with the side setbacks, or change with no side set~acks. She thimks the Pla~nimg & -26- M~TES - REGULAR CITY COUNCIL MEETING BOI~NTON BEACH, FLORIDA OCTOBER 4, 1977 Zoming Board has done a terrific job. She then asked if they had considered this according to the zoning im residential, commercial, etc. and Mr. A~mmziato replmed that this was a defimite consideration. He referred to most of the single family subdivisions having ?½ Zt. side setbacks and advised this would be a preventive measure in those subdivisions. side of the house amd there All these things were taken i~to consideration in great length. to held a public hearinE £or this Durpese oml~, seconded Nr. Caldwelt. ~o discmssion. Motion carried 5-0. Mayor Zack then requested the City Manager to follow through and advertise for the publie hearing and M~. Kohl asked when the CoUncil would like ts have this meetS. Mayor Zack suggested mot waiting toe long with wamting to put it on for referendmm~ Mrs. Jackson stated that the people with deed restrictions are already protected and the people in single family homes are the enos to speak. After discussion, it was agreed to hold the public hearing sm Thursday, ~cteber 13 at 7:30 Po M. Ocean Ridge Council Meetin$ Mayor Zack announced that he would like to set the record straight and stated that an invitatiom from Commissioner Medlen was sent to the City Manager to attend the Ocean Ridge Council Meeting. Mr. DeMarco, M~s. Jackson and h~= attended the meeting~ Commissioner Medle~ and his staff addressed the Council in reference tsthe property on A1A ~nd the 55 acres o~ Congress Avenue for a ~arko The Mayor of Ocean Ridge approached him i~ regards to what action was taken by our Council in regards to land, swaps. He informed him that he was mistaken and this must be discussed with his Commissiom amd an offer submitted to us in writing. Before Commissioner Medlen spoke, the Mayor repeated this discus- ~ion and referred to havi~ a meeting in my office. Commis- sioner Medlen was given ten mimntes to give his presentation, But was not give~ the ten minutes and ~he Mayor called for a motiom to adjourn. Our City Attorney has made two ~attempts to com~ to a meeting of the minds. It was suggested that we think about this and at a regular meeting take definite action. After the meeting the other night, he thinks it would be very difficult to negotiate smything. He mentioned previously that the City F~ager and he met with these people and discussed it for about Eive to eight minutes and requested it to be in writing for our Council,s action, ~ut we have meyer heard auything~ The F~myor has j~st s~id the same thing to him both inside and outside the meeting. -27- MINUTES - REGULAR C!T~ COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 N~. DeF~zrco added that he was shocked at the meeting. He told the Mayor and Commissioners that he had never heard their pro- position and maybe something will be forthcemimg. Mrs. Jackson added that she spoke to the Mayor and was told that they do mot have to put a~ything in writing. CommumityRelations Board - P~licy Nayor Zack referred to a person requesting to be placed the Commmnity~ Relations Beard, hut state~ he thought it out of line since the person is an employee. N~s. Jackson added that she believes this employee knows this and has been told and does not thi~k he should be appointed. ~ Caldwell asked Mr. Moore if there was anything to his ~owledge in our ordinances prohibiting a City employee from sitting on a Board and N~. Moore replied that not to his kmowledge there was, hut he believes it has been practice. Mrs. Jackson added that it was als0 an m~written polio2 that everyone should ~e a voter. Mayor Zack stahed he thinks this would ser~e a hardship with having other employees. Mr. De~arco stated that in all dne respect to M~. Ferrell, he thinks a precedent would be set. Mr. Caldwell replied that he thimks the precedent is set with employees having te serve on the Civil Service Board. He ca~ cemcur with ~he apprehemsio~ with but ~he particu- la~ Board Mr. Ferre to would Bene- fit as he is well q reference to scope and overall imtentlon. Mr. Ferreli works im the tre~0hes every day as 'a ~uifermed police officer and he does not bh~k it would be detrimental to the City. The Comm~uityRelations Board re- ceives nor gives orders to the City Man,ger. He feels this mam th~ughthis actions with v~s ad-ho~ osmmittees within the Police Department wou~d possibly be a ~stre~gasset to that particular Board and~ would give it s~mo re~l direction. Mayor Zack replied that he was mot against the m~ at all and thimks well of him, but does not want to ~et a precedent. Mrs. Jackson added that a~y employees sera, nE on a Board, such as ~he Pension Board, serve by ordinance and she thinks we womld be getting a mi~ture. ~myor Zack suggested having the City Attorney draft an ordi- nance prohibiting employees from serving on the Board and Mr. Caldwell replied that he would qmestiom the constitu- tionality and ~. Moore added that there could possibly be a problem with discriminatiom. Mrs. Jackson moved to let this gentleman know that we are not having City employees o~ the Board, seconded by Mr. De~rco. Under discussion, Mr~ Caldwell stated that he ~till feels if an ordinance formalizes s~ch an opinion, it might be discrimi- natory and also this may be a discriminatory policy on the part of the City to disallow such imdividua~s to serve on -28- MINBTES - REGULAR CtT~ COUNCIL MEETING BOYNTOE BF~CH, FLORIDA OCTOBER 4, 1977 Boards. Mayor Zack replied that we do not have employees yet. Mr. Caldwell clarified that the point is that this man has offered his services on a Board which is abomt dowm to three to femur imdividuals and they could use more. He thimks the man should be allowed to serve if he is a reEistered voter, resident of the City and also an employee. The mam is deft- dent. Mr. Strnad added that as much as he hated to, he womld have to agree with Mr. Caldwell. If the omly objection for havimg this mam ser~e om the Board is ~eea~se he is a Gity employee heeaume of am unwritten law~, ~e does mot %himkit is right, Me knows Mob Ferreil is Pres~demt ef the F,O~o intrical part of the CommumityRel~tioms Board. He would like to see Mr. Ferrell ser~s an this Board and it woml~ ~e at the pleasure of the Co~ciland he ~euld always be re- mo~ed if for some reason, he was found mnsuita~le. Me does not like ~o not let him ser~e because of being a City em- ployee. They have not come across the case e~ other City employees approaching the Co~u~cil te ser~e om a Board. This is the first he has heard of i~. Mr, DeMarce imformed him that F~. Leon Smiles was ts~ken off a Boar~ not tee long ago because he was am empleye~. Motiom carrie~ 3~2 with Mr. Caldwell mhd M~. Strnad dissenting, NEW BUSINESS NONE ADMINISTRATIVE Comsider Demolitiom of Structure imRear of Tropical Acres Restaurant Mr. Kohl requested the City Attorney to be directed to pre- pare the appropriate document to demolish the structure as ~ identified im Mr. Howell's letter dated August 19, 1977, to Mr. Eugene Harvey and clear the land as stipulated in Chap- ter 14-A of our Code of Ordinances. ~yor Zack asked if anyone looked at the building and ~s. Jackson replied that she had. Mrs. Jackson moved to direct the City Attorney to prepare the appropriate documents to demolish the structure as listed im the referenced letter, seconded by Mr. Caldwell. No dis- cussion. Motion carried 5-0. -29- MIN§TES - REGULAR CITY COUNCIL MEETING OCTOBER 4, 1977 BOYNTON BEACH, FLORIDA Consider Demolition of ~arious Structures in Conjunction with ~ommunit~ Development Pro~ect Mr. Kohl requested the City Attorney to be directed to pre- pare the appropriate doc~ument to demolish structures and clear the la~d as described on the submitted list. This is in accordance with Chapter 14-A of our Code of Ordinances and in co,notion with our Comity Development Project. Mrs, Jasksen moved to direct ~he City Attorney to prepare the appropriate docmment to demolish the structures as requested, seconded by ~. DeM~rce. Ne discussion. Moti~ carried 5-0. Au%horization Requested for Execution of Mutual Aid Agreemen~ Between the City and Palm Beach County· Mr. K~h~ referred to the letter submitted dated September 21, 1977, from the Palm Beach County Civil Defense and added that this was a needed thing for the City. Mrs. Jackson moved the execution by the appropriate of£~cials of this agreement, seconded hy Mr. DeMarco. No discussion. Motion carrie~ 5-0. Receip~ o~ Correspondence from South Technical Education Center Mr. Kohl read the attached letter dated September 9, t977, from the South Teck~ical Educatiom Center regarding ~ermit fees ~ud license requirements to be waived on their homse construction project. He added that he thinks this could ~e done for a good cause i~ the City. ~s. Jackson referred to this also being dens in another City and suggested that if this is gi~e~, a copy should be sent to Delray Beach. Mr. DeN~rco moved to grant a permit with waiving the fees, seconded by Mrs. Jackson. ~nder discussion, Mrs. Jackson stated that she really feels we should let Delray Beach know we have done this as they were not as kind to ms in regards to the sewer plant. Motion carried 5-0. Authorization Requested for Execution of Reciprocal Library Agreement and Resolution between the City and City of West Palm Beack M~. Kohl referred to this agreement being similar to the agreement signed with North Palm Beach in regards to exchang- ing books. Mr. Caldwell moved to enter into this agreement, seconded by Mrs. Jackson. ~nder discussion, F~s. Jackson stated she hoped we were not going to do this for the other towns as it will throw the whole County library system out of whack. -30- MINUTES - REGUI~_R CIT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 Mr. Kohl replied that it should not be done for any then. Mrs. Jackson stated she was afraid it was going to lead to this and then mwithdrsw her second. Mayor Zack stated he thought this was nice te do, but if we are goimg te work an agreement with the Oounty, we should stay with the County. ~Mr. DeMarco questioned the conflict and Mrs. Jackson ex- plained how there used to he a certain fermuta for the County library with them paying for the care of the property. Then, the library board decided notre pay for amythim~ but the salariem and books. Several of the cities got provoked with not getting as mmch mo~ey because they had been putting ~ f~r parks, etc.; ~ut we will be getting more this year. We ha~e Eerie wi~h NorSh PalmBeach, but if we keep ~oimg this, the first th~ng yom k~ow theW~ole County li~r~y will be throw~ out. Mayor Zack Pointed omt that the~eo~le asking to go in with ns have droppe~ cut ef the Ooumty system. Mr. Caldwell asked if our action between the other said m~i- cipatities would interfere with o~r activity with the County and how and Mrs. Jackson i~£qrmed him tha$ the w~yit is work- ing, these libraries get the ~ame service with debug this with SeeM in. us and net going in with the County library. ~. BeNarco o£ 10/18~ remarked that they were losing money amd MrS. JaC~kson agreed, but like it said on the news ~hat we joined with the others aud o~er cities have to pay $~ to get l~to the lib~ar~ ~y s~aying~th the~oun~y li~r~y, it is an imterch~ge w~th all the libraries in the C~n~y. They havle e~er~tkimgwe coul~.want. Mr. DeMarco a~e~ if we go with.Nes~ Pa~ Beach, does mt mean we cannot g0~ With the County a~d~S.~jackson replied that the question is Who comes first. added that we would have a~he~ter selectiom of ~O~s and if it does not cos~ ~thing ~d Nayor the City Manager leek imto this amd ~eport ~s. Jackson mo~ed to table this, secomded by Mr. DeMarco. Motion carried 5-0. Gonsider Prelimimary Plat for Sky Lake Subdivision Located Boynton Road~ e~st of amd a~ace~t to E-4 Canal Mr. Kohl stated that this prelim~nar2 plat is for a single family subdivision with 195 10ts, recreation area and lake; the zoning is RIAA. The location map, recommendations from the staff and Perry Cessna's recommendatiom regarding the water system have been submitted for your perusal. The Planning & Zoning Board, at their meeting of September 27, 1977, recommended that the preliminary plat be approved sub- ject to staff recommendations and specifically that Lots 65-70 be added to the recreation area and that the total area be dedicated to provide for additional usable open space. It is additionally noted that the developer agrees to comply with all s~aff recommendations except for the additional park -31- MINUTES - REGULAR CIT~ COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 area recommendation. The motion to approve was made by Mr. Trauger and seconded by N~s. $chorr. The vote was ~-2 with Nr. Lambert and Mrs. Huckle dissenting, because both felt that the developer should have beem given a choice to provide a Homeowners Associatiom, peel and clmhhouse. May he have GonnciI, s wishes e~ this matter please. N~yor Jack requested Mr. Ann~nziato to come forward and ex- plain the plans and the ef£ect without Lots 65-70. Mr. Annmnziate gave pointed out the he and the Recreatien Bisector looked at this plat amd kept in mind the msable area Of recreation proposed and compared it to the lack of ~e~ space in Gol~view Har~our. Evem though this ~ecreatienarea complies with the policy o~ five acres per 1,000 people Which has ~ee~ msed, this plat er 195 s~ng!e Eamzly homes wmth mamy chmldre~. Also, the recr~atie~ area shown in usahl~ open space ~oul~ ~e ~educed ~ecause ~o~ comld ~ot realistically put facilit~es.withi~ 25 ft. of the rear of the lots. T~eir reoommendatmo~ is that Lots ~5'?0~~ approximateIy 48,000 sq. rte, be added to t~e recreatioa area m~kin~'.~ a~res of u~a~le open recrea- t~onarea~ M~Yer Jack clarifie~ that i~ this was not possi- ble, tkore would be heme~ at both ends and ~. Ann~nziato agreed the~e w~ld be itc the east and west. Mayor Eack re- ferred to Lots ~ZO ~e~in~ '~ucluded and ~. pointed 0~% that t~ere! w~ld only be home~ te the e~st. ~Yor Zack asked about the lake and Mr. ~nu~ziate replied that it w~ld remain. Mrs. jaCkSO~ ~mes~ened the depth of the lo~s a~dEr. ~nunzi~te ~fermed her they were 100 ft. ~eepo N~. De,ca ~eZerred t~ the lake ~:inE par~cef the recr~a~i0~a~ea~ a~ F~. Am~mn~iato repli~ithat it would be for arai~a~e ~u~pa~es, ~u~ h~S some recreation ~alue, hut the use is' redUCed'hythe lo%s bordering e~ it. Mr. DeMarco referred to the developer stating at the Plan- ming & Zoning meeting that they would be willing to give Lots 65 and 66, which wonld be a little more and Mr. Annunziato replied that these would not ~ffectively reduce the problem of usable open space. Mayor Z~ck agreed that more open spa'ce was needed ~nd Mr. ~nn~aziate requested them te keep in mind the example of Golfview Har~our. M~. Joel ~antman, representing the engineers of this pre- ~e¢ , aopeared before the Ceunczl. He stated that they are in agreement with all aspects except on the area for the park as stated previously. He showed a sketch of the park area and the homes around the park area. ~e pointed out there would be almost ?½ acres of open space including the lake. Also, ore,md the lake~ there will be 20 ft. of green area for the maintenamce of the waterway and to allow people to walk and fish around the fake. ~yo~ Zack asked who -32- MINUTES - REGULAR CITY COUNCIL MEET77~G BOYNTON BEACH, ~0RIDA OCTOBER 4, 19~7 would maintain the lake and Mr. Wantman replied that it would be maintained by a Homeowners Association. H~ added that the City.does not want the responsibility Of maintain±rig the lake~ so they will create a Homeowners Associatiom to maintain that area. He continued that 2½ acres was shown based on the City policy, which is the same as Palm Beach County. This is the area dedicated in most instances te developments ~ this type. They feel the City requirements and requirements of the area are met. Creating more land womld pmt an m~uecessary Bmrden on the developer with losing five lots. Economics does play a~ important part, When the Planning & ZO~ing Board locked a~ the plan, the recreation area looked small, hut they are providing a baseball diamond, teo~ courts, shuffleboard courts and basketball courts. Mr. Caldwoll asked who would maintain these and M~. DoMarco asked if he meant they w~utd construct these and Mr. Wantman replie~: yes and the Home- owners Association will maintain them if i% is the City's wish. F~yor Zack asked if there would he a clubhouse and ~,~. Wa~tman replied: no as they d~ not think a clubhouse and peel wo~ld he preferable a~ this type of development. He explained how the cost of maintenance would be a problem with such facilities. Mayor Zack referred to the other facilities and ~. Wantman informed him that the Homeowners Association would have to pay for them, But they are low maintenance facilities. Ee stressed that they would be pro- ~iding recreation for the children in the area and the cost to the homeowners would not beprohibitive. Mayor Zack asked if they were willing to include Lots 65 and 66 ~ud Mr. Wantman replied that they would prefer not to, but the developer has agreed and it will open up the whole site. Mr. Harold Werger, 719 N. W. 7th Court, appeared before the Council and stated he was interested in knowing about the access of streets into this development. Mr. Wantmaa in- formed him there would be two points of access to the devel- opment, which they have discussed with the cit~ amd County engmneers, which would be N. W. 9th Street and N. ~. 13th Avenue. Mr. Werger replied that he did not think this was sufficient because there would be a lot of flow into Laurel Hills. Now, there are only two exit routes into Laurel Hills an~ it will be congested. He asked why there couldn't he another access road into Old Boynton Road and ~. Annun- ziato informed him that the fewer means in and out of a cer- tain area, it was better for the area. He pointed out that there could only be one exit into Old Boynton Road since only 250 feet is adjacent and he doubts the County would permit another entrane~ into Old Boynton Road. Mrs. Jackson referred to this ~eing like Gol~view Harbour with cutting down the MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 accesses and Mr. Annu~ziato agreed and explained how thromgh traffic should he reduced to make i~ safer for children. Mr. Werger still referred to this doubling the traffic in L~relHills and stated there would be problems. Mayor Eack clarified that they were willing te concede Lots 65 and 66 and ~. Wantma~ agreed. He added that they would put in two tennis courts, baseball diamond, shuffleboard courts and basketball courts. M~or Zack questioned the size of the baseball diamond and Mr. Wantman informed him it would be Little League. ~. DeMarco made a motion to accept the pla~ on the basis at Lots 65 and 6~ will be included and the park will be completed as stated tonight. Mr. Am~unziato requested the motion to i~clude that the improvements be bonded along with other~public improvements on the plat and this remaim a pri- vate recreation area because he feels the maintenance would be di~icult. M~. DeM~arco asked why the maintenance would be difficult and N~. Annunziato referred to the close proximity of h~mes. Mr. Strnad asked if there would be night liEhting for these facilities and if so, he would like input from the people and MrA Wantman informed him there were no plans for amy lighting. Mr. Caldwell then seconded the motiom on the hasi~ of Mr. Annunziato's last statements being included and ~. DeMarco agreed. MOtion carried 5-0. Consider Site Development Plan for the Church of God - Applicant: Rev. Nathaniel Robinson Mr. Kohl informed the City Council that site development plan~ were submitted by Rev. Nathaniel Robinson for a ch~mrch located on Lots 13 through ~8, Block 2, Palm Beach Country Club Estates at the intersectiom of N. E. 7th Avenue and N.E. ~st Street. The Pla~ing & Zoning Board unanimously recom- mended that the site plans submitted by Rev. Robinson for a church be approved subject to the following: Engineering: ~tilities: Submit paving and drainage plans for N.E. 7th Avenue and the parking lots. The construction of N. E. 7th Avenue is to be bonded. Extend and bond sewer line te northeast corner of the property. The motion to approve was made by Mr. Lambert and seconded by M~. Arena. May he have Council,s wishes regarding the above matter please.~ ~. DeMarce moved to approve the site development plam for the Church of God subject to the requirements as specified being complied with, seconded by Mr. Caldwello No discus- sion. Motion carried 5-0. MINUTES - .~GUI~R CIT~ COC~CIL MEETING OCTOBER 4, 1977 BOY~TO~ BEACH, FLORIDA Consider Site Development Plans for Roof Over ~ork Area Located at Bo~nton Auto Glass Mr. Kohl in£ormed the City Commcil that the above site develop- ment plans were submitted by N~. James M. HookAhs for Boynton Auto Glass located at 905 North Railroad Avenue. The Planning and Ze~g Board unanimously recommended that the sits develop- ment plans be approved as submitted. The motion to approve was made by N~. Trauger and seconded b~.~s. Schorr. May he have Council,s wishes o~ thi~ matter piease. Approval of Bills Representation Of Mrs. Jackson refer tioned why we have that he received t Attorney's comment independent cases. some ~rugalness fr the bill to save t they did a good jo with their futures Tomberg & Woolle~ gcttem out of hand and went through t ¥~. Kohl discusses Mrs. Jackaon moved Motion carried 5~0 Mrs. Jackson moved that the site development plans £or Boyntsn Auto Glass be approved, seconded By Mr. DsNarco. No disc~ussion. Motio~ carried 5-C Law Offices of Tomberg & Woolley for Legal we Bo~nton Beach Police Officers red to these' heimg a duplication ~d ques- to.pay for the two and Mr. Kohl replied ~o bil~s. Mayor Zack requested the City and Mr. Moore replied that they were two Mr. Caldwell asked if we could request ~m the local attorneys and possibly combine ~xpayers' money and M~. Moore replied that ~ and referred to these men being in trouble on the line and through the efforts of ~hey took o~er the situation which had · They did have conferences with the judge ~e formality of the hearing. Possibly if it with them, some adjustment may be made. to table this, seconded by Mr. DeMarco~ Application for Pe~ Veterans of Fore~ Mr. Kohl read the Jackson moved to g Fo discussion. Mo Approval of Bills Representation of mit to Solicit - Leisureville Post 10150, Nars of the United States ~pplication and requested approval. Mrs. ~ant approval, seconded hy Mr. Caldwell. ~ion carried 5-0. . Law Offices of Tomberg & Woolley for Legal ~o Bo~ntQn Beach Police Officers (Cent.) . e Mr D Marco asked ~f it possibly would be advisable to approve this bill and let Mr. Kohl dicker, so the money would not be held up but an effort be made to adjust it. ~Mrs. Jackson moved to reconside~their vote, seconded by ~. DeMarco. Mermen carried 5-OJ Mr. DeMarco made a motion that the City Manager be authorized to talk to Mr. Tomberg and issue the money when it is settled, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. -35- MINUTES - REGULAR CITY~ COUNCIL MEETING OCTOBER 4, 1977 BOYNTON BEACH, FLORIDA Consider Transfer of Funds for GPM Sprayer from Contingency Fund to Sanitatiom Department - $735.00 M~. Kohl referred te there being a black citrus fly in the area and explained that this sprayer had been mandated by the Agriculture Department to be used at the trash dump. Hrs. Jackson moved to approve this transfer of funds, seconded b~ ~. Caldwetl. Under diseussion, Mr. Strnad asked why the City had to do this when the Coumty sprays private yards a~d Mr. Kohl replied that the cities have to do it om their own. A law has mandated this to he done at dump sites. Motion carried 5-0. Gommu~ityRelatiens Board - Polic~ (Centimued) Mayor Eack apologized for ~ringing this back for discussion, but referred to when there were 14 to 15 people on the Com- muaity Relations Board, he suggested that the secretary be present at the meetings. NOW, they have broken apart a~d the Housing Authority should alse ha~e a secretary. He has sug- gested this so the Council is aware of everything going on with our own secretary being there. Mr. Caldwell suggested merely providing them with a tape recorder to keep the tapes on file and Mayor Zack replied that the secretary does that. Mr. Caldwell clarifie~ that the secretary is paid to trans- cribe the tapes and he suggests just having a tape file es- tablished and Mayor Zack replied that he th~ one meeting was taped, hut we do ~ot get the content mn!ess the trans- cription is ~00%. By having this secretary present to take the mimutes, there is a complete recording. Ne may ~e con- eerned about some of their activities. He believes this would be a safeguard for the Council. ~s. Jackson clari- fied that it would be for their protectiom and ours and Mayor Zack agreed and added that he was also sure M~. Johnson would appreciate it. M~s. Jackson moved to have the secretary attend the Housing Authority meetings, seconded by Mr. DeMarco. Under discus- sion, Mm. Strnad stated that pertaining t~ M~s. Eruse, he mentioned at the Sewer Board meeting that her salary should be adjusted the same as the rest of the people and ~s. Jackson replied that she was mot a City employee, but was working on her own. ~. Strnad c~mmented that she should raise her bill and ~. Kohl stated she was an independent contractor. Mayor Zack agreed she had the opportunity to raise her rate and M~. Kohl m~formed him that she did come to him and he raised her rate. Mr. Strnad asked if it was within this fiscal year and M~. Kohl replied that it was within the past six months. Motion carried 5-0. -36- MI~TES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 Approval of Bills Mr. Kohl road the following Bills for approval: 1. Industrial Refuse Sales $ 4,300400 Dumpsters for Samitation Dept. Pay from budgeted fumds 020-827 2. Lon$~iew Lime ~,834.80 Palleted lime for Sewer Treatment Pla~t Pay from Water & ~ew~r Revema~ Fuad 030-822.65 COuncil authorized S~er-ex~enaituro 4/21/77 3. Nalco Ohemical Company 1,482.72 Chemicals for Sewer Treatment Plant Pay from Water & Sewer Revenue F~ud 030-822.65 Couacil authorized over-expenditure 6/21/77 Allen Insurance A~e~c~ 121,813.00 Workmen s Cempe~sat~o~ Pay from 1977-75 Budget 001-801-5~0~-01.34 - $8~,208.67 401-801-570-01.34 - $40,60~.33 5. Allen Ins~ranee A~enc~ 1,193.00 Floater for valuable papers Pay from 1977-78 Budget 001-801-570-02.43 6. Allen Insurance AKency 54,726.00 Automobile~LiaNility Pay from 1977-78 Budget 001-801-570-02.41 401-801-570-02.41 - $43,518.oo - $11,208.00 F~. Caldwell referred to these insurance ~ills and asked if we were being charged a financing charge and ~r. Kohl replied that we are paying the Workmen's Compensation ourselves. Mr. Strnad asked if bids were given on insurance and Mayor Zack replied that it was a continui~ng contract and Mr. Kohl added that it did not have to go out for Bid. F~. Strnad stated that amother company should be able to bid and Mr. Kohl in- formed him thathe tried about 20 companies last yea~ and most were toe high ~r did mot want to take the City. Mr. Caldwell added that usually with this type of automobile liability, it is a pooled risk and only one or two carriers in the State will carry it. Mr. Kohl added that this was the same on the Workme~'s Compensation. He continued that last year, he tried to get bids, but got into trouble. If we start going out for bids, companies will not give a bid. If we negotiate with a company, we come out f~rthsr ahead. Mayor. Zack added that there also had been the question of Allen not taking it. -37- MINUTES - REGUI~R CITY COUNCIL MEETING OCTOBER 4, 1977 BOYNTON BEACE, FLORIDA KOhl contimued with reading the Bills: 7~ Russell & Axon !nv. #14 626-681-08-6 $ 5,334.38 Resident i~spection and engineering services during Construction at Water Treatmen~ Plant and Warehouse ~ay from.~tllity General Fund 030-205 *Inspectzon Report submitted 8. Russell & Axon Ymv. #12 626-681-08-3~ 8,572.90 Co~ul~ing services during Construction of Water F~cilities Expansion - Water Treatment Plant Pay from Uti~tyGeneralFu~d 030-205 Authorization dated 5/8/74 9. Intercounty Censtrnctiom Corp~ 217,955o38 ~at~r Treatment Plant Expansion Pay from Atlantic National Ba~k 1975B Series Contract dmted 7/9/76 10. Allied Chleri~e & C~amicale Products~ Inc. 1,810.00 Ghlorine for Water Treatment Plant Pay from ~mdgeted funds 030-811.63 11. Willie Ruth McGrady 96.00 Server for Senior ~Citizens Clu~ - 2 weeks Pay from encumbered funds 020-507 Ordinance #73-15, pa~sed 5/15/73 12. Isiah Andrews 110.00 Driver for Senior Citizens Glu~ - 2 weeks Pay from encumbered funds 020-507 Ordinance #73-~5, passed 5/15/73 13. Allen Lusurance Agenc~ 2,546.00 Liability for Amhmlances Pay from t977-78 Budget 001-801-570-02.4t 14. Florida L~a6ue of Cities Annual Membership Dues Pay from 1977 78 Budget 001-101-510-01.53 ,962.59 15~ JoBear Gonstructien Co. Inv. #2 13,212.00 Sanitary Sewer Lines - S.W. 12th Street Council approved 5/3/77 Pay from Utility General Fu~d 030-215 M~. Kohl stated that the bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Department; funds are available in bheir respective budgets. He therefore recom- mends payment of these ~ills. -38- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1977 Mayor Back asked if the bill from the Florida League of Cities was based on population and ¥~. Kohl replied affirmatively. Mrs. Jackson moved to pay the hills, seconded hy Mx. Caldwell. No discussion. Motion carried 5-0. Mr. Strnad referred to the inspection by Russell & Axon and asked if the contractor calls for these inspections or do they come out at random times to inspect at the Water Plant and Mr. Kohl informed him that Russell & A~on calls for inspections and we have omr own people m~ ~nspections. Mr. Strnad asksd if the Gity requested Russell & Axon to send an inspec- tor and ~. Kohl replied: no. Mr. Strnad asked if they have a regular schedule of going there and Mr. Kohl suggested that Russell & Axon answer. Mr. Hallman informed him that there is a fulltime resident inspector and resident engineer mmking periodic inspections; Bill Murray is there fulltime. M~ ~trnad referred t~ the I~spectio~ Report listing Joe Swan ~or 58 hours and asked if it was necessary to have two in- specters and M~. Eallman replie~ yes, a resident engineer and r~sident inspector. M~. Galdwell asked if it was a dup- lication of tasks and Mr. Hallman re~lied: no, there are resident things which an e~gineer must do which a resident i~/~¢tsr canmot do. Mr. ~aldwell asked if a~ inspector was an engineer a~d M~ Hallmsm replied: ~o, an inspector h~s a long background and is qualifie~ and is smpervised hy the resident engineer. He added t~at it was standard practice on all projectS ef this size. Mayor Zack then asked if they had a complete survey of all the sewer lines and water lines i~ BoyntonBeach and Mr. Hallman replies that they do of the sewer lines. M~yor Back asked if the City had a cody and Mr. Rallman replied that he was sure the City has several copies and they con- tinually provide Mr~ Cessna with information. Mayor Zack asked how long they had been associated with Boynton Beach and Mr. Hallman replied about 15 to 17 years. ~.ayor Back then referred to ha~i~g problems with a sewer line recently and asked when it was installed and Mr. Kohl informed him that he helieve~ it was in the Mayor Back referred to it being tile pipe 16 fto deep and ¥~. Hallm~u replied that he imagines it was ~entrafied clay ~ipe, which is standard. Mayor Zack referred to it being epaired with cast iron and ~r. Hallman agreed that some- $imes it is easier to make repairs with cast iron. Mrs. Jackson added that there was a problem when it was first installed at the same place. ¥~yor Zack requested that the ~ity Manager bring everyone up-to-date briefly. Mr. Kohl Stated that the first he heard about it was last week that there was trouble on North Seacrest around2Oth Avenue. He was told there was a hole where a hou~e could go into ~39- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA OCTOBER 4, 1 977 where a line had broke~. He started the men on emergency work. ~ne payment to the trucks hauling sewage is $10,050. He then told about inspecting this site this afternoon. Mr. Strnad referred to it Being 16 ft. deep and asked if there was any indication what caused this and M~. Kohl re- plied that it was felt there is an mnderground stream of water which moved the pipeline. Mr.~Strnad then referred to the last meeting when Mr. Kohl stated he ~omld find e~t the next mor~ing about the misplaced m~uholes on $. Wt ~Sth Street a~d M~. Kohl informed him that he met with ~o Rossi and the engineers and Mr. Rossi was given three options which he could do, but we hmve net re- ceived his proposal. He was given the options in w~go Mr. Strnad clarified that it would not be dropped and Kohl agreed that it weald not. ~_DJOUR~NT Mrs. Jackson mo~ed to adjourn, seconded by Mro DeMarco. Motion carried 5-0 and the meeting was properly adjourned at 10:40 P. M. CITE OF BOYNTON BEACH, FLORIDA re~ Mayor ATTEST: Rec:ording Secretary (Three Tapes) Member Council Member Council Member STATE OF FL©RIDA ~. ~,~ ' DEPART IENT OF ENVIRONNtENTAL REGULATION SOUTH FLORIDA SUBDISTR]CT 3301 GUN CLUB ROAD POST OFFICE BOX 3858 CH, FLORIDA 33402 JoseP~ w. ~s.a~ ~ Palm Beach County Septe~er 28, 1977 ~ ~ ~'~A PW - City of ~o~n%o~ Beach _ ~ Q;/ Russell and ~on, Inc. Post Office Box 9490 Day%one Beach, Florida 3202~ Dear Mr. Brodeur: Re: City of Boynton Beach Water Treatment Plant Expansion Our letter of August 19, 1977 appears to have been n~sunderstood by some as a permit for a plant modification. This is not the case. Minor modifications and the addition of two bto%~ers %~zere approved in concept only. No modifications to the city's current constzTaction permit (B4946AL) were authorized. Further~ these necessary permit changes are contingent upon snbmission of a revision to the ci~yts permit application of May 20, 1975 as well as plans and specifications for approval by the Department prior to installation. Formal processing of the revised application will be accomplished in accordance with normal procedures set forth in !7-ER--77~ FAC. Your submission should include the engineering studies that support the city's proposed equipment and process changes and should cover the following points: 1) Se~fic co~agulant aids proposed for the trea~.~ent ~rocess and~a~4~OD. Such aids must be ~pproved by~epartment and must have been demonstrated through extensive toxicological and physiological studies to have no im=mediate or c~mutative adverse physiological effects on the consu~ler. 2) The estimated treatment capacity of the facility following the proposed changes in treatmmnt procedure. The currently permitted facility, using lime as a rapid-mix solids-contact coagulant aid, was designed to process 16.0 MGD. Ne%~ capacity calculations should be run for the proposed change in method of operation. Page 1 of 3 Page 2 ~r. Timothy P. Brodeur September 28, 1977 3) Your engineering estimate of the effectiveness of air injection in reduction of organic a~d lnorg~u_c contaminants in the raw water to be processed° The additional alsso~ved air expected with air injection. Will it cause operational and water stability problems? 5) Will the use of air injection require conversio~ of the rapid-mix solids-contact stabilization c!arifiers to dissolved air flotation cells? The air injection proposal may cause a flotation blanket which can impede settling of the ~loc and, without scum baffles and skimmings removal, present other operational problems. It is requested t/eat careful consideration be given to this questio~ and a detailed analysis su~mitted~ Any reports of successful dissolved'air flotation processes treating ground waters of this quality, even with extensive polymer coagulant additives, will be appreciated. 6) The expected effect of the proposed coagulant aid on calcium and magnesium expressed as CACO3~ 7) Your proposed monitoring and control systems fo~ the new process and the proposed threshhold for reverting to the initially approved process (solids contact). It is important that the proposed changes do not result in aelay_ng the implementation of adequate trea~aent~ This office is deeply concerned over the suspected contamination or-four o~ the city's r~ells mud the r~iiaDi±ity o~ the print p!an~ w~en~ operat±n~ cur~nhl~ ~t ra~a~J--hu 145% of per~ltte~i-~. The h s~!led to meet one or more of the gua!i%v ~or potable water in nine of the past~seVen{een A U.S. Environmental Protection Agency recommended treatment technique for ~aters of this quality is the use of lime as a Solids contact coagulant aid. It seems to this Depar~ent to be the most practical in this situation; all things considered. Until the Department is provided reasonable assurance of the adequacy of the proposed alternate ~reatment process, the ability to convert im~ediate!y to the ii~e solids contact method of treatment must be retained. Page 2 of 3 Page 3 Mr. ~imothy P. Brodeur September 28, 1977 if you have any questions on the above please do not hesitate to call, telephone 305/689-5800. ~Sincerely, ~ ~ Warren G. Strah~ Subdistrict Manager WGS:~:fs cc: Glenn Dykes, DER-Ta!lahassee Joe Swarm, Russell and Axon Mayor Joseph F. Zack, City of Boynton Beach~ Frank Kohl, City ~,~anager, City of Boynton Beach Perry Cessna, Director o~ Utilities~ City of Boynton Beach Frank Gargiul~, Palm Beach County Health Depa~.ent Pat Gleason, Soutk Florida Water Management Dis%tic% Phil Ed~ards, DER-Ft. Myers Page 3 of 3 SOUTH TECHNICAL EDUCATION CENTE Mr. Edgar E. Howell ',~ .' ~ ~$/ B~ilding Official Cmty of Boynton Beach P. 0. Box 3~0 Boynton Beach, Florida Dear Mr. Howell: This letter is in response to your reco~endation that we request permission to have all permit .fee~ and ticen~ requirements wamved on our house c~ns~ruction ~o~. As ~o~ may already know, ~h Technical Education Center is in the process of constructing a house in Boynton Beach utilizing students in our building trades program. We believe the on-sight learning experiences will be invaluable. If you have any questions concernin~ this matter, please call my office at 737-7400, Ext. 36. Sincerely, Dr. Carlos R. Schmitt Director ls Anthony Pica House Project Coordinator