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Minutes 03-03-77BEACH, FLORIDA, HELD IN CITY H_ALL, TUESDAY, ~Y 3, 1977 PRESENT Joseph F. Zack, Mayor Emily M. Jackson, Vice Mayor Richard D. Caldwell, Councilman Joseph DeMarco, Councilman Norman F. Strnad, Councilman Frank Kohl, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Nmyor Zack welcomed everyone and called the meeting to order at 7:30 P. M. He requested everyone to please rise at the sound of the gavel for the Invocation give~ by ?~. Rubin Lsfkowitz, Religious Consultant, Congregation Beth Kodesh, followed by the Pledge of Allegiance to the Flag led by Vice Mayor Emily M. Jack, on. Announcements M~yor Zack read a Proclamation proclaiming May 6, t977, as Palm Beach County Sports Hall of Fame Day. Mayor Zack read a Proclamation proclaiming the week of May t through May 7, 1977, as Atlantic High School Band Week. Mayor Zack announced that two weeks ago, the City had Youth in Government Day with 30 youD~ men and women participating from Congress Middle School. He announced he had a presen- tation to make to the former ~yor, Honorable Sa~uder Fire- stone. Sander Firestone thanked the City for their coopera- tion for making it possible for his classmates and himself to participate in Youth in Government Day ~ad in appreciation presented a notebook to Mayor Zack. He explained that the cover was done in their school colors of red, white and blue with the school symbol. He read the title page and advised that the notebook contained thank you letters to each offi- cial. Mayor Zack then presented certificates to Ss~der Firestone for the~oung men and women who participated. He also thanked Mrs. Bassett for coordinating the activities and requested her to stand. He then stated he was very happy to accept the notebook on behalf of the City Council. Mayor Zack then announced-if there was any item ~yone in the audience desired to speak on to please step forward and give their name to ¥~s. Padgett ~ud the City Clerk will call on them at the appropriate, time. MINUTES .~egular City Council Meeting - A~ril [9, 1977 When Oailed upon by Mayor Zack, ~. DeMarco and I~. Strnad replied they had nothing and ~. Caldwell stated he was not _~s~n~ at this m~et~ag. MINUTES - REGUL~q CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAT 3, 1977 M~s. Jackson referred to Page 14, last ps~agraph, fifth line, and requested that "or" be c~hs_uged to "but that", so it reads: She does not think it should be a five year lease, but that it should have an escalating clause. M~s. Jackson referred to Page 16, next to last p~agraph, fifth line up, a~ud re- quested that '~immediately" be changed to ~gradual!y". She referred to Page 21, second paragraph, ninth line, and cor- rected the sentence to read: "~irs. Jackson added she t~ks there is a different method of making it mo~e convenient.~' She referred to Page 30, last paragraph, and requested the addition of "two'S, so it reads: M~s. Jackson moved to trans- fer the two funds as requested by the City Manager, M~ayor Zack referred to Page 8, second sentence, and corrected "what" to ~when" after zened. He referred to the fifth line on this same page s~d stated ii should he a couple years "~ater', instead of "bac~'. Mayor Zack referred to Page 26, second paragraph, and referred to this being the Community "Relations~ Board instead of Com- munity '~Prometions~ ~oard. M~s. Jackson clarified that they hadalready set up the Community Relations Board and this resolution ap- plied to the Community Melations Board. Mayor Zack referred to discussing both Boards and ~. Moore clarified that the resolution was passed for the Community Relations Board. Mrs. Jackson suggested changing all "Promotions:' t~Relations~ ~u this discussion. See Min. 5/17/7~ Mro DeMarco moved to accept the minutes as corrected, seconded by ~s. Jackson. Motion carried 4-0 with Mr. Caldwell abstain- ing since he was out of town on April 19. PUBLIC AUD__~NCE Mr. Rubin Lefkowitz stated his name and hia address as 2615 N. E. 3rd Court. He referred to it being the first anniver- sary of the Congregation of Beth Kodesh in Boynton Beach and stated he was proud to stand here wor~ing God's blessing for the leaders of o~mr City. It is truly a historics~ first for Boynton Beach. He then stated he would like to extend on the pant of the Jewish residents of Boynton Beach and others a commendation to the Police Deps~tment who effectively mud courteously and beyond the call of duty on thi~m past Sunday helped them in the anniversary of the State of Israel by efficiently moving 200 cars out of this .area with approxi- mately 1,200 people to 1-95 without any trouble or incidents. They commend the Police Department for their excellent per- for~,9.nce. M~. Patrick Stafford, Rresident of Section I of Colonial Club appeared before the Council. Be referred to the ordinance re- garding the fencing of swimming pools and stated he did not -2- MI~UTES - REGUI~kM CITY COUNCIL ~ETING BOYNTON BEACN, FLORIDA 977 know if the Council members were familiar with the interior of the Colonial Club. He referred to the residents being very conscious of the fact regarding children and safety and if it meant saving a life, he knows they would go along with it t00%; however, the ordinance as written is mot doing the job it is supposed to do. He explained how the pool was located in relation to the clubhouse and how it did not re- quire the fence to be right around the pool to prevent any- one from falling in. The purpose of the fence would only stop people from coming in when the pool is not being moni- tored. Twice a year there are about 15 to 20 grandchildren visiting, but they are not permitte~ in the pool area without adults and the pool has monitors. There is adequate protec- tion, It does not seem feasible to put a fence up and have the pool area open and the intracoastal open for the sake of safety. They have been told they must have a fence installed or started by June 1 or will be fined. He requests the Co~- cil to consid~ putting a moratorium into effect on this ordi- nance for 60 or 90 d~¥s so further study c~ be made of this ordinance to see if it is practical ~d r~ali~tic for their type of co~mmnity. He then read an article telling about Deerfield Beach putting a 60 day moratorium ~n a similar Ordinance and then revising the law to only apply to single f~ily homes ~ud duplexes. He respectfully requests the COuncil in their wisdom to consider looking into this-~tter a~d grant a moratorium so they will have time. Mayor Zack informed him that the Council worked on this approximately ten months ago and discussed this ordins~ce Seriously. ~s he mentioned previously, before in 1959, there was an ordi- nance requ~_~ug all private pools to ~e enclesed, but motels ~ad hotels were excluded as long as they had $t50,000 of in- surance. Pools at condominiums are private and should have been enclosed by the developers, but somehow ~his slipped by. A thorough study was made, but it can be recomsidered if the Council desires. However, he believes approximately t5 to 20 people have complied with this ordinance and installed a fence. M~. Stafford asked if these installations were at condominiums a~ud Mr. Howell replied: yes. ~. Stafford added that ~this was an expensive requirement. The Board of Directors does not feel it will accomplish any- thing as the pool will still be quite open. ~s. Jackson asked if it would be left open on the side of the intracoas- tal and M~. Stafford replied: yes, as the ordinance does not require a fence on that side. Mrs. Jackson asked how far the pool was from the intracoastal and ~. Stafford replied approximately ~0 ft. and a man in the audience corrected him with advising it was t0 to t5 ft. ~4~yor Zack suggested that the Building Department check this situation and report back to the Council. Mr. De~arco sug- gested possibly granting a 30 day moratorium and ~ .... ~ --~ Zack -3- MINUTES REGULAR CITY COUt~CIL I'~ETING BOYNTON BEACH, FLORIDA 977 replied that it was not effective until June. ~. Kohl clari- fied that the ordinmace did not go into effect until August 13. Mayor Zack munounced that the Building Official would check into this mud report back to the Council. M~. DeMarco added that it would be on the agenda for the next meeting. ME. John Ads,ms stated his name and his address as 770 Horizons East. He stated it was a pleasure listening to the last spemker and he endorses mud goes along with what was said. Their problem is somewhat similar. Their main issue is that this is the first time they have seen sm official decla~ation about this. As late as yesterday, they thought there were four different dates to comply with, but he is glad ~z~. Kohl has now verified the August 13 date. They feel the specifi- cations are confusing and impractical regardi~ the width, distance between, etc. In this particular connection, he has brought with him several officers of Sterling Village and would like them to explain the inconsistencies. He re- ferred to the amendment being made to the ordinance regarding the owner of the property paying the bill and advised they have come against the situation where the previous Board of Directors decided to do something more expensive than the developer was willing to pay for. The developer is willing to pay for the minimum of chain link fence..and the figure estimated was 2~,000. For the enclosme they prefer, the figure is $3,000. He wanted to point out that this is not something which the developer is going to pay for in total. He then requested thos~ supporting him to please rise. Mr. George Zivanow stated his name and his address as 610 Horizons East. He referred to Mr. Adams touching on some of the things regarding the proposed ordinance to take effect in August mud advised that they have a situation in Sterling Village which the Council is probably not aware of. There is a beautiful masonry wall, 3~0 ft. long surrounding the pool with four openings, 37. high, with six pillars, 46" high, and they are lighted mud there is a cap over this wall extel.ding ? on each side. To.comply with the ordi- nance, they would have to put a chamn link fence either on the inside or outside of this wall. This would look rather unsightly mad nov enhance the prooerty. A building inspec- tor did .~i~e an inspection today ~_nd it was suggested that the wall could be capped with finished brick to come up to the required height and standards and there would be gates. The building inspectors did reconm~end it and if the Council will accept it, it would be much more enhancing than a chain link fence. He pleads for the members of the Council to ap- prove this. Also, he believes a solid masonry wall would add more to the safety of the swimming pool s~ea mud would not destroy the beauty. He then showed pictures of the present wall. M~yor Zack stated he did not think there was am~y pro- blem with this situation as a fence can be wood, metal or block. ~. Zivanow requested approval from the City Council -4- MINUTES - REGBLAR CITY COUNCIL ~ETIMG BOYNTON B~CH, FLORIDA M~Y 3, t ~77 to avoid an~ conflicts of the ordinance. M~s. Jackson added that she thought the fence would spoil the aesthetic beauty of the wall. ~. Kohl suggested that he and the Building Official re- search this situation further and report ~ack to the Coun- cil. Mr. JoseDh ~in~glia~. stated his name and advised that he was See Min. the President of Section 2, Colonial Club. In behalf of the of residents, he endorsed the statements-made by F~. Stafford 5/17/75 and also requested the residents of Section ~ to rise and show how many people are present. Mr. Tom O~Mmlley representing Hampshire Gardens appeared before the Council. H~ concurred with what has been said~ and advised that they have pretty much the same problem.. He hopes the Council will take a look at this ordinance on an individual basis. From what he understands, perhaps they are going to allow the inspectors to make allowauces. Msyor Zack clarified that inspections will be made and they will report to tbs Council, hut they must follow the ordinance, W~. DeMarco added that it would still be on the agenda for the next meeting. Mr. Kohl stated that it would be s~died by ~he Building Official and himself within the next few weeks and they will make a presentation to the Council. 0'Malley then requested the representatives from Hampshire Gardens to stand. Mayor Zack then ascertained there were no further speakers desiring to address the Council. He announced there were some agenda correctior~s. He referred to VI. Legal and re- quested Item D-3 ~o be deleted as this~agreement should go back to the committee for discussion before being presented to the Council. ~. Kohl referred to Vii. 01d Business and requested Item B to be deleted and advised that ~. Williams planned to come back in reference to this in apDroximately three months. Mss. Jackson moved to approve the cha~uges in the agenda, seconded by Mr. Caldwell. No discussion. Motion carried 5-0. Six (6) Tennis Courts - One and Resurfacing (1) Practice Area Reconditioning Mr. Kohl informed the Council that the bid opening for the above ~as held on Tuesday, April 26, 1977, at 4:00 P. M. in the Office of our Purchasing Agent, P~. William H. Sullivan. Invitations to hid were mailed to seven companies and the legal ad~was published in the Boynton Beach News Journal on April 14 and 21, 1977. ~esco Tennis Courts of Florida~ Inc. MI~JTES - P~GULAR CITY COUNCIL MEETING BOY-~TON BEACH, FLORIDA 977 advised ix a letter dated April 20, 1977, that they were uns~ble to come up with a performance bond ~ud further re- quested the opportunity to bid. On April 27, 1977, we re- ceived a bid from Wesco and from F. C. Feise Co., both o~ which were returned unopened. One bid was received £rom All Sport Construction Company of Miami, Florida, for the sum o~ $5,900,00. However, because of time involved to de this job (20 working ~ays) and also no bond, the Tabulation Committee recommends the rejection of this bid ~ud requests permission to negotiate and possibly get the job finished sooner. He co,curs with the reco~mendatior~ of the Tabula- tion Committee. M~s. Jackson moved to reject the bid~ smd accept the City Manager's recommendation to negotiate. ~. De~rco seconded the motion. Under discussion, ~r. Caldwell questioned nego- tiating and Mr. Kohl replied that it meant to negotiate with different companies to come up with a price and number of working days. Many did not send in a bid ~_ud we think we can obtain approximately the same price ~ud the number o~ working d~s we are looking for as 20 days is too long and the courts would have to be shut dowm. Mr. Caldwell referred to the amount of money amd stated he thought it would be pro- per and advisable to send out for bids again. ~. Kohl re- plied they could and Mr. Caldwell stated he personally pre- ferred it that way. M~. Kohl informed them that it was the reconu~endation of the Recreation Director to negotiate and get the job done. Mrs. Jackson referred to the bids coming back the same way if they go out for re-bid and summer is coming and the courts are needed. By calling the companies, they should get more action. Mayor Zaok stated that accord- ing to the ordinance if the bids received are unacceptable, we can proceed in this direction. ~. Caldwell clarified that he just questioned the advisability. Motion carried 5-0. Wilson Pool Repairs Mr. Kohl informed the Council that the bid opening for the above was scheduled for Monde~-, April 25, 1977, at 4:00 P.M. in the Office of our ~rchasing Agent, Mr. William H. Sullivan. However, no bids were received. Invitations to bid were mailed to twelve companies and the legal ad was .published in the Boynton Beach News Journal on April 14 ~ud 21, 1977. Most of the companies were ~honed and we were advised that the project was either too big; not interested in renovation work; or could not produce the 10~ performance bond. Those firms who could not produce the tO~$ performance bonds indicated that they would be interested in negotiating for the above job. The Tabulation Committee recommends fur- ther negotiations with those fir~ms who expressed the desire to do so. He concurs with the recommendations of the Tabula- tion Committee. -6- MINUTES - ~EGUL~R CITY COUNC_L M~EET!NG BOYNTON BEACH, FLORIDA 977 ~yor Zack clarified that bids were sent to twelve companies and Mr. Kohl agreed and added that they also phoned them. ~. DeMarco questioned the appro×imate cost and Mr. Sullivan in- formed him it was approximately $10,000. ~. De~&mrco asked if they thought they could get some bids if the companies don't have to put up the performance bonds and ~. Kohl re- plied that they will do many things to get the job done. He added that this was another one to consider with summer coming on. Mayor Zack clar~f_e~ that ~atever bids are received, they will be presented to the Counc_l and Kohl agreed. Mr. DeMarco moved to accept the City Manager's recommendation to negotiate further, seconded by M~. Coldwell. No d~scusszon As requested, ~s. Padgett took a roll call ~ote on the motion as follows: Councilman DeMarco ~Je Vice Mmyor Jackson kye Councilman Strnad ~Je Councilman Coldwell Aye Mayor Zack Aye Motion carried ~ O. Re-roofing of ~_ty Buildings - City Hall, Engineering/Building Departments and Senior Citizens, Buildin~ .. . Mr. Kohl stated that due to a change in speci£ication require- ments, the City Council, at their Regular Meeting of March 1, t977, approved the reeuest to re-bid the above project. Bids were opened on Monday, April 25, 1977, at 3:00 P. M. in the Office of our ~rchasing Agent, ~. William H. Sullivan. The Tabulation Co~_mittee recommends acceptance of the low bid from Duncan Enterprises of Palm Beach, Inc., iD_ the amount of $9,049~00. A copy of the Tabulation Sheet, ~o- posal and Affidavit signed by M~. Dick Duncan, Vice ~£esi- dent of Duncan Enterprises of Palm Beach, Inc., are on file. He has checked all other requirements and everything is in order. Funds will be available in the amount of $9,050.00 in the Building M~intenance Account NO. 001-812.31 upon the passage of Ordinance No. 77-11 regarding the disbursement of funds frsm the Anti-Ression Fiscal Assistance Program for the above project. He concurs with the recommendations of the Tabulation Committee. Mrs. Jackson asked if it would be a good idea to wait until the o~dm~_ance is read before voting on this and M~r. Moore replied that it was all right for the ordinance to follow. ~. Coldwell stated that pending the approval of Ordins~ce Mo. 77-tl, he moves ~o award the bid to Duncan Enterprises of Palm Beach, inc., in the ~ount of $9,049.00 for the re-roof- ing of City Buildings as specified. Mrs. Jackson seconded the motion. No discussion. Motion carried 5-0. MIh%TTES - REGU~L9 CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MAY 3, 1977 oanltar~~ Sewers - S. %~. 12th Street (Golfview Harbour) M~. Kohl informed the Council that bids on the above were opened on Tuesday, April 26, t977, at 3:00 P. M. iL the Office of our Purchasing Agent, Mr. William H. Sullivan. The Tabulation Com~=ittee recommends acceptance of the low b&d (~ase bid) from JoBear, Inc. of Melbourne, Fla., in the amoumt of $42,528.00. Copies of the Tabulation Sheet, Pro- posal signed by ~. Karl T. Kaminski, President of JoBear, Inc.; as well as recommendation from our Utilities Director, Mr. Perry A. Cessna are ~u file. He has checked all other requirements and everything is in order. Funds for the above projec~ are available im the Utility General Fund Account No. 030-215 (Sewer Construction). He concurs with the recommen- dations of the Tabulation Committee. ~. DeMarco moved to acceot the low bid of $42,528.00 from JoBear, Inc. of Melbommme] Fla. M~s. Jackson seconded the motion. Under discussion, Mayor Zack remarked there was quite a bit of difference between the low hid and the next bid and he hopes thiszcompany is a reliable bidder. Mm. Kohl informed him the compsmy had been checked out by the Utilities Director and City Engineer.. Mr. Caldwell told about a few residents inquiring about the cost to hookup and various prices were quoted from $450 to $1,100 and he would like to know e~actly what it is going to cost these homes and Mr. Clark reolied that as this project stands now, it will be funded out Bf the Utility General Fund. }~. Kohl added that the only monie~ these people will have to spend will be for the connection charges and whatever they have to do with their septic tanks. Mm. Caldwell questioned the connection rate now and Mm. Kohl replied that the attorney is consulting the ordinances now and when he decides which ordirmnce applies, the approximate cost will probably be $100 to $250. M~. Howell informed him that the standard connection fee for single family residenoes is $250 for sewer ~ud $125 for water, but this would possibly &~D~Y~ older homes which are existing. Motion c~ried 5-0. PUBLIC HE.~RING NONE LEGAL Ordinanc.es - 2nd Reading'- Public Hearin~ P~oposed Ordinance No. 77-9 - Re: Ind'ustrial Office Park Distric__t....~R.g~l.~.io. ns and Use Provisio$s ~. Moore read proposed Ordinance No. 77-9 by caption o~uly. -8- ~ T~ MINUTES RzGULAR CITY COUNCIL ~ETING BO~VT~TON BEACH, FLORIDA ~Y 3, 1977 Mayor Zack asked if anyone in the audience wished to spe~ in favor of this ordinance and rece~vem no response. He then asked ifmanyone wished to speak in opposition to this ordinance and received no response. M~. Caldwell moved the adoption of Ordinance No. 77-9 on second and final reading, seconded by ~. DeMarco. No discussion. ~4rs. Padgett took a roll call vote on the mo- tion as follows: Vice Mmyor Jackson - Aye Goun¢ilman Etrnad - ~e Councilman Caldwell - Aye Councilman De~5%rco - Aye M~vor Zack - ~ye Motion carried 5-0. Proposed Ordinance No. 77-10 - Re: Establishing Regulations for the S~lection of Arch_tecvs~ Enginaers~ et al M~. Moore read proposed Ordinance No. 77-10 by caption only. Mayor Zack asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He then asked if anyone wished to spe~d~ in opposition to this ordinance and received no response. F~s. Jackson referred to Section 3 and stated she assumed Russell & A×on would be grandfathered in, but suggests that our City ~_ttorney discuss~ this ,~th Russell & Axon's attor- ney~ Mrs. Jackson moved the adoption second and final reading, seconded by M~. Caldwell. discussion. ~s. Padgett took a roll call vote on tion as follows: of Ordinance No. 77-10 on No the mo- Councilm~%nStrnad - ~Je Councilman Caldwell - Aye Councilman DeMarco - ~ye Vice F~jor Jackson - ~&ye ~.~yor Zack - Aye Mo~zon carried 5-0. Proposed Ordinance No. 77-11 - Re: Amended Estimate of Revenue and Expense for Fiscal Year: Oc~. 1~ 1976 - Seot. ~0, 1977 ~. Moore read proposed Ordinance No. 77-11 by caption only. MI~GTES - REGULAR CITY COUNCiL M~,'ETiNG BOYNTON BEACH, FLORIDA M~¥ 3, 1977 Mayor Zack asked if anyone i._u the audience wished to speak in favor of this ordinance ~ud received no response. He then asked if anyone wished to speak in opposition to this ordinance and received no response. Mr. DeMarco moved the adoption of Ordin~uce No. 77-11 on second and final reading, seconded by Mr. Caldwell. No dis- cussion. M~s, Padgett took a roll call vote on the motion as follows: Councilman Coldwell ,~ye Gounci/-wan DeF~rco - Aye %rice Mmyor Jackson Aye Councilman Strnad - Aye M~or Zack &ye Motion carried 5-0. Ordinances - 1st Reag_ng Proposed Ordinance No. 77~12 - Re: houses of Golfview Harbour Approving Plat of Town- Mm. Moore read proposed Ordinance No. 77-12 in its entirety on first reading. He referred to the amount to be filled in for the performmuce am.d completion bond and ~. Clark in- formed him it was~around $35,000, but he did not haVe the exact amount. He added that a cash bond was put in escrow. ~. Moore asked if he felt it was sufficient mud ~. Clark replied that it will be more than sufficient. M~s. Jackson moved the adoption of Ordinance No. 77-12, seconded by Mr. DeMarco. No discussion. M~s. Padgett took a roll call vote on the motion as follows: Councilman DeMarco - Aye Vice I~ayor Jackson - Aye Councilman Strnad - ~'e Councilman Coldwell - Aye Mayor Zack - Aye Motion carried 5-0. Mrs. Jack, on reverted back to the previous Ordinance read, No. 77-11, and clarified that she voted for it even though %he drug abuse donation was included e~d voted for it be- cause it has been paid. Howe~er~ she is opposed to the dona- tion of' $8,721 to the Drug Abuse Council, but will go along with it since it was paid. Proposed Ordmna..¢e No. 77-1~ - Re: Levying S'pecial Assessments for Street Improvement Project, (S.E. 3rd Street between S.E. 21st and S.E. 23rd Avenues) MI~JTES- REGULAR CITY COUNCIL ~ETING I~Y 32 1977 BOYNTON BEACH~ FLORIDA ~. Moore read proposed Ordinance No. 77-13 in its entirety on first reading. M~s. Jackson moved the adoption of Ordinance No. 77-13, seconded by M~. Caldwell. Under discussion, ~. Caldwell remarked that ~% was kind of steep and ~. DeMarco replied that it was the going rate. ~. Caldwell replied that it may be the going rate for banks and lending institutions, but he doesn't believe the City is a b&uk or lending insti- tution. M~. DeMa~co asked what had been the previous rate and M~. Kohl informed him that it has always been 8%. ~. Moore added that the rate was authorized by the Charter. M~s. Padgett then took a roll call vote on the motion as follows: Vice M~yor Jackson - Aye Councilman Strnad - ~je Cotuucilman Caldwell - Aye Councilman DeMarco - Aye Mayor Zack Aye Motion carried 5-0. Proposed Ordinance No. 77-14 - Pension Plan Re: Pertaining to Municipal ~. Moore read proposed Ordinance No. 77-14 in its entire~y on first reading. Mayor Zack informed the Council that these amendments were worked out by the general employees group at the recommenda- tion of the actuary. M~. Caldwell read ~ection ~1-38 and stated this meant when an employee was re-employed, he could be immediately and fully vested upon returning to the City's fold. ~. Moore informed him there were also other sections which applied. M~. Kohl clarified that this could be done by going back to the Pension Boa_vd mud coming before the Council and being approved. Mr. Caldwell stated that according to the wording it was possible when an employee comes back, he could be fully vested whether he was qualified for vesting before he left. There was further discussion about this and the other Council members did not agree with ~. Caldwell's interpretation, Mr. Moore clarified that an employee would be back in the track where he would have been and clarifies the rights to be reinstated as a member of the plan and it will start from the date of re-employment. M~s. Jackson moved the adoption of Ordinance No. 77-14, seconded by ~. DeMarco. No discussion. ~s. Padgett a roll call vote on the motion as follows: Councilman Strnad - Aye Councilman Caldwell - Aye Councilman DeMarco - ~e Vice Mayor Jackson - Aye ~-~or Zack - Aye took Motion carried 5-0. -11- MINUTES - REGUL~IQ CI~ COUNCIL MEETING BO~A~fON BEACH, FLORIDA ~Y 3, 1 977 Proposed Ordin~uce No. 77-15 - Re: Amending Ordin~ace 75-t9 by Rezoning Certain Acreage located at the rear of 715 N.W. 2nd Avenue from R1A to C1 Mr. Moore read proposed Ordinance No. 77-15 i~ its entirety on first reading. ~-~s. Padgett informed the Council that Mr. Ashley requested to speak on this ordinance. Mayor Zack referred to this being the first reading of the ordinance and it would not be proper as the public hearing will be held on the second read- ing. M~s. Padgett informed M~. Ashley that the second read- ing of this ordinance would be at the first ~ meeting in June. See Min. of 5/17/77 Mr. DeMarco moved the adoption of Ordinance No. 77-~5, seconded by M~, Coldwell. No discussion. M~s. Padgett took a roll call vote on the motion as follows: Councilme~ Caldwell- Aye Councilman DeMarco - Aye Vice Mayor Jackson - ~ve Councilman Strnad - D~ve Mayor Zack - ~-e Motion carried 5-0. Resolutions Proposed Resolution No. 77-X - Re: Consideration of Boynton ~nlet Property for Recre_~.~onal Facilities. M~. ~ore read proposed Resolution No. 77-X. ~,~s. Jackson moved the adoption of Resolution ~o. 77-X, seconded by Mr. DeMs~co. Under discussion, ~yor Zack re- marked that he hopes this is a possibility as~it is needed, but he does not _know what the State or County will do. Mr. De~rco added that if the County will buj it~ it would be the finest thing for Boynton Beach. M~s. Padgett took a roll call vote on the motion as follows: Councilman DeMarco - Aye Vice Mayor Jackson - Councilman Strnad - Aye Councilman Caldwell - Mayor Zack - Aye Motion carried 5-0. Proposed Resolution No. 77-Y - Re: VacatiD~ and Abandoning portion of ~ablically Dedicated Alley Ri~ht-of-Way (Roberts Add~) ~. Moore read proposed Resolution No. 77-T. -12- MINUTES - REGULAR CITY COUNCIL P~ETiNG BOYNTON BEACH, FLORIDA I~T 3, 1977 ~. DeM~rco moved the adoption of Resolution No. 77-Y, seconded by Mr. Caldwell. No discussion. M~s. Padgett took a roll call vote on the motion as follows: Vice Mayor Jackson - Aye Councilmau, Strnad - ~ye Councilman Caldwell - Aye Councilman DeMarco - Aye Mayor Zack - Aye Motion carried 5-0. Mr. Moore informed the Council that in investigating the background of the last resolution, there was reference to prior abandonment of N. W. 4th Avenue. He exolained how a corrective resolution was prepared applying~to the above and read Resolution No. 77-Z. ~. DeMarco moved the adoption of Resolution No. 77-Z, seconded by Mrs. Jackson. Under discussion, ~,~s. Jackson asked the number of the resolution this corrected and M~. Moore replied that he didn't have, it with him. M~s. Padgett then took a roll call vote on the motion as follows: Councilman Strnad Councilman Caldwell Aye Councilmar~ DeMs~co - ~je Vice Mayor Jackson Aye Msyor Zack ~e Motion carried 5-0. Proposed Resolution No. 77-_~A - Re: Requesting Federal Funds for the Aged ~. Moore read proposed Resolution No. 77-AA. Mm. Caldwell moved the adoption of Resolution ~o. 77-AA, seconded by Mms. Jackson. Under discussion, ~s. Jackson referred to this resolution asking the Legislature to do something and asked if it would get there in time and Kohl replied that it would be forwarded i~ediately tomor- row. ~s. Padgett took a roll call vote on the motion as follows: Councilman Caldwell - Councilman DeMarco - _~ye Vice M~¥or Jackson - Aye Councilman Strnad - Aye Mayor Zack ~e Motion carried 5-0. -13- MINUTES - P~GULAR CiTY COUNCIL MEETING BOYNTON BEACH, FLORIDA N_~Y 3, 1977 ~roposed Resolution ~o. 77-BB - Re: Designating Ba~k Sign.atures Mr. Moore read proposed Resolution No. 77-BB, ~. DeMarco moved the adoption of Resolution No. seconded by ~. Caldwell. No discussion. M~s. a roll call vote on the motion as follows: 77-BB, Padgett took Councilman DeMarco - Aye Vice Mayor Jackson - Aye Councilman Strnad - Aye Councilman Caldwell - Aye Mayor Mack - 4eye Motion carried 5-0. Proposed Resolution No. 77- Re: Establishing Criteria for the Con~unity Promotion Board M~yor Mack stated he thought they had been misled rega~di~g this proposed resolution. Mrs. Jackson agreed ~ud suggested crossing out: '~responsible residential~ commercial and dustrial investors to locate in said are~' in Section 2 replace with: "social and cultural events~. ~. Caldwell stated he didn't see ~nything wrong with the Board attracting businesses and investors to locate here and Mayor Mack re- ferred to their previous discussion about this and stated he thought this should be left up to the Cha~$~of Co~rce. M~or Mack suggested having the ordinance rewritten ~ud pre- sented at the next meeting. Mrs. Jackson stated she thought it should be done now, so the Board can get going and i~yor Mack replied that the City ,Manager '~uows the intent and it should be rewritten. ~. DeMarco referred to the delay and M~or Zack requested it to be written in the proper form. ~¢~. Caldwell agreed they should have the proper wor~±ng and added that this would not cause a hardship ~ud delay for future plarming. M~. Caldwell moved to table Item 5~ Resolution No, 77-CC for correction, seconded by M~rs. Jac~_~on. Motion carried 5-0. M~s. Jackson then moved to instruct the City Malqager to go ahead with the Community Promotion Board since he knows the intent, seconded by M~. DeMarco. No discussion. Motion carried 5-0. Other Consider Lease Agreement for Concession Stand at M~nicipal Beach MIh~J~S RE~Uk~R CITY COU~CIL ~ETING BOYNTON BEACH, FLORIDA F~Y 3, 1977 M~. Kohl stated that at the request of Council at the April t9, 1977, regular meeting, he wrote to ~. David Centola, attorney for the prospective buyers of the snack bar on april 20, copy of which they received. He was advised of my decision regarding the annual payments for same and in- corporated them in a lease agreement. He would like to point out that in Paragraph 9 of the Lease Agreement, the liability insurance is:uindicated as $~00,000/$3~,000 cover- age". He feels certain this should be $100,000/$300,000 and this correction will be m~de if Council approves his recom- mendations for payment. ~s. Jackson stated she still feels we should let M~. Shelhamer finish out his two year term and then go out for bids unless he wmuts to break the lease by mutual consent. Mayor Zack stated that the first two years will be %under the old system and the remaining three years will be a new sys- tem, as there is still two years to go on the lease. ~s. Padgett informed the Council that ~. Centola had re- quested to speak. ~. Centola stated that following the recommendation of the City Mmmager, they incorporated a ren2al as suggested. He referred to the concern being that the City was not getting enough rental for this property and it averaged about $50.00 per month previously mud with the new lease, it will double the rent for the first year start- ing in~ediately. He does not see any purpose for keeping the old rent for two years when they can get the increase now. If they do send it out for bids, they do not ~mow if they will gez a l~Jger rental. He does not see amy basis for holding out for the two year period. Mayor Zack asked if a~jone knew the gentlem~mu taking over the lease? 5~s. Jackson clarified~that her point was that we au~e making an agreement with a third party we don't ~know. She feels we should be the first party. Either M~. Shelhamer should finish the lease or any future lease should be made with the City. ~. DeMarco stated he thought it should go out for bid. M~s. Jackson made a motion that either ~k~. Shelhamer contin- ues with running the concession stand as it is for the next two ye~s or break the lease by mutual consent audthengoout for hids. Mr. DeMarco seconded the motion. Under discussion, ~. Caldwell stated that from reading the minutes of the last meeting, the primary concern was not over lock~ng the man into the lease, but whether the City was receiving fair com- pensation for leasing the lmud. He feels personally if we conzinue to attempt to lock Mr. Shelh~er into the agreement, we might be doir~ the man an injustice. He referred to the possibility of the m~u being sick and being unable to run 5/17/7~ -15- MINUTES - REGULAR CITY COUNCIL ~TiNG BOt~TON BEACH, FLORIDA ~Y 3, 1977 the concession stand and he would still be locked into the contract. He could not se~l or sublet his interest. DeMarco stated that other people have shown interest in bidding for the lease. ~. Caldwell asked if the lessee had the right to sublet unless it is expressly prohibited ~uud M~. Moore replied that he could for the two years. M~. DeMarco clarified that they were talking about renego- tiating for £ive years. M~. Centola informed them that the reason this is going for five years is that ~y new person coming in will want some kind of security for their invest- ment.' M~. DeMe~co stated that other people are interested a_ud he thinks it should he fair and go out for bids. Centola replied that nobody came to M~. Shelhamer about it. M~s. Jackson stated she felt they should be coming to the City if they are interested. If the lease expires or if by mutual consent, Mr. Shelh~mer w~uts to get out of the lease, they should come to the City. ~. Centola asked if any of these bidders stated they would come in with a bid in two yee~s? Mr. DeMarco asked if it was bid originally and M~. Kohl replied: no. M~. DeMarco stated he just did not think it was a fair way. ~. Kohl explained how he had obtained a workable lease as requested incarporating the rental fee. Mrs. Jackson clarified that her motion was either ~. Shel- hamer continue with the lease unless he wants to bres~ it by mutual consent, in which case we would go out for bids. The reason she is saying this is because she says the City should b~ the landlord. She thinks we have the right to say who is going in there. She thinks if Mr. Shelhamer wemts to stay there at the percentage he has been paying, it is fine~ but she feels the City should be able to cho~sewho is going to run it. M~. Caldwell stated he personally felt they were un,necessarily locking the man into a two year lease; any- body can withdraw from a lease. Mr. DeMarco added that it could be transferred. M~. Moore clarified that nobody was locking anyone in. The lease has two years to run and they are trying to extend it three years, so the man buying it has a five year period. ~. Caldwell stated he did not think this was unreasonable~ Mrs. Jackson pointed eut that they w~uted to make it longer than two years a~ud Mr. Caldwell cls~ified that it would be a three year extension. DeMarco stated again that other people are interested and he feels it would be fair to go out for bids. Mr. Caldwell stated that the lease actually accomplishes what they wanted two years from now. M~s. Jackson stated that the City would not be the l~madlord and M~. Caldwell replie~ that the City will always bg' the l~adlord. Mrs. Padgett follows: then took a roll call vote on this motion as Councilman Strnad - No Councilman Caldwell - No Councilman DeM~rco - Aye Vice Mayor Jackson Aye Ma~or Zack Nc Motion defeated 3-2. MLNUTES - REGUI~R CITY COUNCIL MEETING BO~NTON BEn, CH , FLORIDA MAY 3, 1977 ~. Strnad moved to accept the lease agreement for the con- cession stand at the municipal beach, seconded by M~. Caldwell. Under discussion, Mr. Centola informed them that $30,000 was a typographical error and it should be $300,000. ~s. Padgett th~ too~ a roll call vote on the motion a~ follows: Councilman DeMarco - No Vice Mayor Jac~uson - No Councilman Strnad - ~ye Councilman Caldwell - Aye Mayor Zack - ~e Motion carried 3-2. Consider Par~_clpat~on in Palm Beach County Library System Mr. Kohl read the attached letter dated April 21, 1977, from the Palm Beach County t~blic Library Sys~tem. He informed the Council that he wrote a letter prior to May 1 advising that this was on the agenda for tonight's meeting and marked the intent to participate with the appreval of the Council. Mrs. Jackson moved to adopt the intent to participate in the Palm Beach County Library System and hand deliver it tomorrow. Mr. Caldwelt seconded the motion. Under discussion, ~. DeMarco referred to a newspaper article regarding the City of West Palm Beach pulling out and M~s. Jackson explained how the Library System was paying West Palm Beach 15% a~ud they were charging for electricity, park, etc. and it should be limited to salaries and books. She thinks we wilt end up with more money them we had last year emd if we don't do this, we don't get ~uything. Motion carried 5-0. OLD BUSINESS Discuss Telephone Service to Boca Raton (Tabled) ~- DeMarco moved to t~ke this from the table, seconded by Mrs. Jackson. Motion carried 5-0. M~s. Padgett informed the Council that ~. Kutlin had re- quested to speak and also ~. Burson requested to speak last. ~h~. Irving Kutlin stated his name a~ud his address as 702 S. W. 18th Street. M~. Kutlin informed t5~ Council that he was a representative of the Greater Boynton Beach Democratic Club ~ud he is in favor of the extended service for many reasons. He showed them the telephone book of Broward County and stated that the residents of Sunrise have the privilege of calling 458,000 phone num~sers for $1]o00 per month and in comparison, Boynton Beach can only reach179,000 phone ~umbers for $I0.00 per month. He stressed that the people in Broward -l?- MINUTES . P~GUI~R CITY COUNCIL MEETtlcG BOtr~TON BEACH, FLORIDA 977 County can call 2½ times more people at the additiona~¢~o~ ef $1.00 per month. He referred to there being a question of distance and explained how he could ride for 31 mluutes on t-95 to Deerfield Beach and call that area for a 10¢ call. However, on the same highway from Boca Raton to Delray Beach he can ride 8 minutes and must pay a toll to make,the call. He also explained how he tested the distance by going east/ west and advised that he could drive 30 minutes on Route 84 and ms}~e a call back to HallanS~le for 10¢, but in t~is ~ea could only ride 7 minu%es before having to m~_ke a toll call. He feels for a change the people of Boynton Beach have taken the initiative. Public relations with the phone comp~ny are without a doubt the greatest as they are always in court trying to prove they are right. He referred to the statement of the lines ~eing overworked a~ud asked if there was anjf guarantee the rate wouldn't be increased if we didn't get the extended service? He doesn,t think so. He thinks they are using scare tactics ~ud has heard the ins~Lnuations about an $8.00 increase for four years. He is not scared now ~a~d never was. The rumor about this is a lie. He thinks South- ern Bel] is preparing us for the inevitable rate increase. Southern Bell must have a pat~y ~ud when the rate increase comes, they will blame it on Joe DeMarco and Boynton Beach pushing for the extended service. The Democratic Club en- dorses the extended service and a great many ~ther clubs and individuals are endorsing it also. He then explained how Southern Bell had many ways of menitoring phone c~ls. He says ~outhern Bell can give better service to the people of Palm Beach Co~ty and especially in Boynton Beach with senior citizens having phones for emergency. Instead o£ scaring people with an increase which is not called for, they should give reductions~. ~e are stepchildren for the same company servicing Broward County, is it necesse~y for ~outhern Bell to spend millions of dollars on advertising? Ee then told about a town in the mid-west having all their phones taken out except one and asked if Southern Bell was trying to get them back to the situation of many years ago with one phone for the whole community. The peoole of Boynton Beach ask not only to hav~ extended service~ but to roll back the basic cost of service! Another gentleman then came before the Council and stated he was present two weeF~ ago when the representative from Southern Bell defended the amount it~would cost to grant the extended service. He referred to the reeuest made by Mr. De}~rco then to mail a formal questionaire with the phone bills regarding thia service, but the Southern Bell representative remarked that it was too costly a proposi- tion to do it in that fashion~ He went home that night and saw on television a moat ex~oensive ad paid by Southern Bell promoting long distance cal~s. He would venture to say that over a period of time, such ads cost Southern Bell millions of dollars, a lot more than the simple research project MI~TES - RE~JI~R CITT COUNCIL MEETING BOYNTON BEACH, FLORIDA M-~Y 3~ 1977 suggested by ¥~. DeMarco. He then referred to the represen- tative from Southern Bell telling about the complaints re- ceived when the service was originally extended from Boynton Beach to West Palm Beach, but when he was questioned he did not ~m_ow from whom ~or how many and was at a complete loss. This was an official representative from Southern Bell who came here defending the phone company and did not have this information. He would like to commend the Coumcil for their position and would like to personally commend ~. DeMarco because this is what town government is all about. The Council. members should be responsible to the people of the com~mnity. The consumer can only fall back on the elected officials for the simple reason they cannot call Southern Bell telling them to stop the service and they will take it from their;competitor across the street. The State is taking precautions to set up Public Service Commissions to examine the details. He feels strongly along with many people in Boynton Beach that the Council in no way should back down on their original resolution. F~. Bill Burson, District Manager for Southern Bell, appeared before the Council. He referred to when Resolution No. 77-0 was passed, he ~old about being District Manager in 1971 when Boynton Beach received the ex~ended scope dialing into West Palm Beach and at that time, he received a ledge n~mber of complaints. He does not have the exact number as he did not keep track of them. He explained how he also had a number of people working under him and he only received a D~rcentage of the calls. They definitely received a ledge number of co~ plaints. The complaints mainly were on the increase in the billing and not on the fact that the customer received ex- tended scope service. The cost must increase with extended service. He explained ho~ the system was set up with ex- che2ages and the normal procedure is for a city to be able to call toll free to the city to the north and south. He re- ferred to the example of Fort Lauderdale being given and stated that Fort Lauderdale did have the same situation, but had more time to grow. The local service bill is figured on the number of phones you can contact on a local calling basis. It is true Fort Lauderdale can contact 490,000 and Boynton Beach almost 200,000, but the sauare mileage is approximately 30 miles different ~ud the growth has not reached Boynton Beach. To give the ~ype of service referred to, the area is being increased and in doing so, it te/~es more facilities to handle the calls. Southern Bell is in business and must pass the expenses onto the subscribers. He has started re- ceiving some complaints about this already e_nd read a letter from Mrs. Robert Heess stating she and some of her senior friends would discontinue their ~none service completely if this extended service goes into effect. He added that he did not solicit this letter nor the calls he is starting to receive. He humbly requests the Council to give serious consideration to rescinding Resolution No. 77-0. -19- MINUTES - REGUL~M CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA 977 Mm. Caldwell thanked him for stating Southern Bell's posi- tion and stated they were on a flat rate system in this area and -Mr. Burson agreed. He referred to the2~ig~re of $8.00 or $t.00 for the increase being based on a flat rate sys_tem and stated he could not understand why other areas in this country have gone to a message area unit system whereby the burden is placed upon the subscriber using it. He told about where he was from and how the borden was placed di- rectly on the particular telephone subscriber. He urges Southern Bell to consider a systemalong this line. BU~son reviled that this was another reason he was asking the Counc~t to rescind the resolution.. Southern Bell was contacted by the Public Service Com~ssion before this reso- lution came up requesting that various types of service be investigated and this is one of them. They will be coming up within a few months with some kind of service, budge~ service of some kind, to be offered to the senior citizens and for those people who want to make callsfrom Boynton Beach to Boca Raton which would fit into their needs. If there is a need for this service, he is sure the user will show it. The only position Southern Bell takes is that they don't feel the majority should pay for what the minor- ity wants. Mr. DeMarco read the cities cover~- by the M~ami phone book and advised that the people could call over 1,000,000 phones. He does not know the rate for Miami, but the rate in Fort Lauderdale is $11.00 and we are paying $10.O0. He explained how he had researched the Southern Bell facilities. Southern Bell has the facilities to handle the calls on a toll basis and could do it on a non-toll basis. He under- steads that it would take about one hour to convert the system. He feels the resolution should stay in effect until we can get more satisfactory information as to the phone service. Dade, Broward and other areas of the United States have the service and it is not out of the realm of possibi- lity. Mayor Zack stated he agreed as long as the rates are not increased. He is concerned about a rate increase. He ta~_/ked to~Paula Hawkins and believes we should take the position of no increase. Mm. DeMmrco stated that Fort Lauderdale is PaYing $1.00 more for 2½ times more ohones. Mrs. Jack, on added that she understood that Dade C~unty pays less th~u ns. ~. DeMarco stated that it scares people by saying an $8.00 increase. Mayor Zack again stated his concern about the rates increasing and requested they indi- cate we w~ut no rate increase. M~. DeMarco replied that nobody w~uts a rate increase. ~s. Jac~on stated she was sure the Public Service Commission would have hearings and thinks the resolution should lie s~ it is ~ud have them look into it. She is sure Southern Bell has looked ~aead and has wires proposed for future expansions. MINUTES - ~GULAR CITY COURC~ MEETinG BOSTON REACH, FLORIDA 977 Mrs. Jackson moved to proceed with the agenda =~_d-~ leave this resolution as is, seconded by Mr. DeMarco. No discussion. Motion carried 4-1, w_th Mx. Strnad dissenting. Donation of Used Equi~men$ to South Technical Education Cente~ M~. Kohl informed the Council~ that he had given one Thermofax Overhead Projector to the mlectro-Mechanlcai Technology class at the South'Tec~u~c~l' ~ Education Cen~er.~ Someone had bid $~ .00 for it, but he felt the school would get more use out of it. He requests approval for this equi~ument to stay there. M~. DeMmrco moved to donate one Thermofax Overhead Projector to the South Technical Education Center, seconded by ~. Caldwell. No discussion. Motion carried 5-0. Direct Filtration - Councilman Joe DeMm~rco ~. DeMarco stated it is his understanding that the Town of Manalapan has recently been given the okay for direct filtra- tion. He has heard pros and cons about it, but in order to satisfy himself, he has looked into it. He is not in favor of the lime process for water softening and feels we should continue with our present building, except not go with the lime for water softening at this time. ~e should continue to expand the system and go in with the same _urocess we are using now until such time we have to come in with lime for health reasons. Mr. Strnad referred to Mr. DeMarco's statement that he not in favor of lime softening and read a letter from Dr. Robert E. Raborn withdrawing his protest to lime softening. He added that he has other articles smd letters from people of authority discountir~g the fact that lime softening has anything to do with cardiovascular disease. Mr. DeMarco re- plied that he w~ not disagreeing, but suggested hearing from the engineers first. Mr. George Russell, Chief Executive Officer of Russell & .~xon, appes~ed before the Council and distributed letters to each Co%uacil member. He read the attached letter dated ~y 2, ~977: from ~. J. Landers, Secretary of the Deoa_~tment of Environmental Regulation and Chief Executive O~ficer, clar- ifying their conceptual approval of the direct filtration for the Town of Manalaps~. Mr. Russell then explained a drawing showing the present process, the lime softening pro- cess ~ud the direct filtration process. He also explained how bacteria disinfection was accomplished in all systems with ~hlorine. ~. DeMarco clarified that chlorine at the end takes care of virus. ~s. Jackson asked if there had been ~uy problems and ~. Russell reolied that there have been no proble~ with Boynton Beach ~ater and M~. Cessna agreed. -21 - MINUTES - REGULAR CITY COUNCIL MEETING BOY_~ON BEACH, FLORIDA MAY 3, 1977 I~. Strnad asked what was the difference in the control of the PH factor and direct filtration as far as the effect on pipes, hoses and water plant and Mr. Russell replied that ~here are many syste~ of direct filtration and. most systems utilize alum. Lime softening has a relatively high PH which inhibits or helps to control viral conte~zination. I~m. Russell then read the attached letter from Russell & Axon to the City of Boynton Beach Clarifying their opinion in regard to the softeni~ processes. Mayor Zack stated he thought the Manalapan plant had to he redesigned because bacteria went through~ the filter and re- ferred to there being a possible delay. Mr. Russellreplied that he was not the Consulting Engineer for the Town of Maua- lapan, but explained the conceptual design. Mayor Zack stated that it would have to be redesigned to take care of ~he bacteria goi~ through the filter and Mr. Russell replied that he was informed that no design had been Submitted. Mm. Russell then showed pictures taken this week of the con- struction progress at the water plantand referred to there being much activity. ~K~s. Jackson clarified that they could keep on enlarging the pl~t and wait until somebody decides a 5arrier is needed and Mm. Russell replied that this is one of the alternates they suggested, but they would have to re- apply. M~. Russell then read a letter from the contractor to Russell & Axon regarding the costs if a work stoppage order is issued. ~,~. DeMarco stated he did not think the Council was interested in direct filtration and the main problem is to continue Eith the present system or add lime softening. Since DER have re- laxed on their requirements, we could continue on the present system and save about $I,000~000 per year. M~. R~ssell re- plied that they figured about one half of the operational cOSts. ¥~. Russell then suggested that the City construct the ol~mt without any signific~at time stoppage, which will treat-the water in the manner presently', apply to the DER for an amend- ment and if they egree whenever necessary, the barrier will be added. The City could even install the equipment, since the major portion~ the equipment has been piped, bmr not have it running until a study is made. He thinks the City should delete as much equipment as they can as soon as they pinpoint the DER's position. He believes DER has relaxed their position and offered an alternative.~ Mayor Zack referred to proceeding as originally discussed with the lime s~stem ~ud asked what it would cost to cb~mge it to direct filtration in four to five years and Mr. Russell ~22- MI~UJTES - ~EGUL~R CITY COUNCIL ~ETING BOYNTON BEACH, FLORID& 977 ~ about the research required and the conversion of equip- ment necessary. He added that the conversion would consist primarily of different type of filters and rerouting the piping. He explaiued the operation further and also advised that the cost to convert to a lime so£tening pl~ut would be an absolute minimUm of $30,000 to $40,000. Mr. Strnad referred to the question he asked previously and stated it was not answered to his satisfaction; however, in the literature from the Mationa! Lime ~ssociation, it states that lime may add to the cost approximately 15 to 20%. How- ever, direct filtration must be proven that it works with Florida,s ground water supply, Compar~_ug it to lime soften- ing, it is less costly. In addition, lim~ prohibitz corro- sion to water lines and the high PH acts as a barrier on virus. He told about Mr. Clark checking his water line about three years ago and the pipe was so corroded, he could not get sufficient water supply. ~. Russell informed hi~ that the hardness was causing the problem with the pipes e~d this is the reason to soften the water. ~. Strnad asked if the water was softened if it would do aw~y with corrosion and Mr. Russell replied that the most economical way would be to have it in the plant. However, the argument is nationwide about who wants softened water. ~ Strna8 remarked that 16¢ per thousand was real cheap to soften water. Mayor Zack stated his personal feeling was to continue with the contract as awarded. If we find out direct filtration is better in four to five years, possibly we could go into it then after we P~uow it is better. He explained how he thought things should be tested. He personally feels we should go along with the contract and see what happens in the me~time. ~@s. Jackson s~ked if ~. Russell was s~ving there is the possibility we may not need a barrier and M~. Russell clar- ified that he feels the barrier is relaxed s~ud in doing that, DER should be receptive in relaxing the barrier for another city. M~s. Jac~on remarked that nobody knows what is good alad what is bad as it is still being batted back and forth. ~. Russell agreed there were m~a~y varying opi- nions. I~s. Jackson clarified that we can keep the water we have now and continne and will not be out anything ~md ~m. Russell clarified that the plant could be built, aera- tion added, operate without softening and amend the appli- cation. ~s. Jackson referred to the Florida Municipal Record recommending the State Legislature to support legis- lation to approve a secondary barrier method, specifically direct filtration and stated if we continue building our plant, we will ~uow what way to go in a few months. She thinks it would be foolish to go into an alternate method now. Mayor Zack replied that he did not think DER would MLkrgTES - P~GUL~q CiTY COUNCIL ~ETING BO~!TON BEACH, FLORIDA ~&~Y 3, 7977 accept au~thing quickly and thinks it will be four to five years before a recommendation is made. M~. Russell clari- fied that he did not recommend that they go to direct fil- tration tonight. Mrs. Jackson stated they would not be out s-uything to stay as we are. ~Ir. Russell suggested they con- tinue with what is %uuder construction, operate as previously with the necessary change orders to operate it without soft- ening and put in softeni~ when necessary. If they can oper- ate as presently, it is cheaper th~_u direct filtration and a better alternate. 8¢ is what it costs at present. Mr. Strnad referred to F~. Russell being an engineer stated he thought they should take his advice and proceed exactly as recommended and/f~orget about direct filtration until it is proven it is satisfactory. Let's continue with our presen~ method. Mr. Ca!dwell clarified that the recommendation was to con- tinue under the present system ~ad build the pl~ut to accom- modate softening, but do not hook in the softening and ~. De~co added not hook in the softening until it is required. ~. Russell added that until EPA confir~ there is no car- diovascular d~_uger, just add the li~ scad start operating. ~. Cald%~ell continued that to make this accommodation, the new building must have new filtration equipment and Mr. Russell informed him that aerators must be added sad piping changes made. M~. DeMarco moved to take ~. Russell's advice and continue with the present system and make the necessary changes for the aeration system arid at such time when the State requests put in lime softening and submit an application to DER. Mm. Russell suggested filing an amended application and re- questing approval or reason for not approving. ~s. Jackson then seconded the motion. Under discussion, M~. Strnad clarified the~ were going with the plant as it is now. ~. DeMarco reminded them that we s~e operating at 11 million gallons with a capacity of 8 million gallons and shortly will have 16 million ge~lons and do not need any delays, as we are overloaded, if we get a dry spell, we will be in trouble. M~s. Padgett then took a roll call vote on the motion as follows: Vice Mayor Jack, on - Aye Councilman Strnad - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Mayor Zack - No Motion ce~ried 4-1. ~s. Jackson then suggested that ~. Kohl i~mediate!y contact Reed & £modish and tell them to put the law suit in abeyance regarding the Pratt case until this is decided and F~. Kohl replied that he would get in touch with the attorney. See Min. of 5/17/77 MIA~JTES - REGULAR CITY COUNCIL N~ETING I~.Y 3~ 1977 BOYNTON BEACH ~ FLORID~ City Mana~e__r~,s Report - Re: T_~a~fmc Survey Mr. Kohl referred to a request at the~last Council meeting that a traffic survey be conducted on N. W. 7th Court and read the attached memo dated April 26, 1977, stating the results of this survey. He asked if the Council wanted signs i~talled. ~. DeMarco and b~s. Jackson told about being at this loca- tion and stated their agreement with the survey. Mayor Zack stated he did not third~_ it was sufficient to ~_ustall a sign. Mr. Strnad agreed it was $ sparsely travelled road. Mr. Kohl added that he was also there three different days and did not see many cars. Mms. Jackson stated it seemed like they spent a lot of money for a boat ramo. for only the few using it. Mm. Kohl replied that it possibly was used more and must be considered that this is for fresh water boating. He added that the boat ramp on U. S. 1 was really getting used and ~. Strnad agreed and suggested possibly adding more ramps there. ~. Strnad moved to forget about the signs, ~. Caldwell seconded clamifying it was to remain status quo. No discus- sion. Motion carried 5-0. ~-EW BUSINES~ Discuss Shellrock Streets - Mayor Joseph F. Zack t,b. yor Zack read the assessment requirements from the City Charter. He advised that he checked the number of streets here with ti~e aid of the City Mmmager and there is a total of approximately 4,800 feet. He read the list of the streets involved. He told about the General Services crew filling holes on 7th Ct., but the City Manager was requested to have them stop by a resident because of making dust. He feels it is an expense to the City to keep putting shell rock,.in these holes and feels~the Council should take action to get these streets black topped. !~s. Jackson stated she was hoping at budget time money could be put in the budget to start doing the streets in the old section of Boynton Beach where the streets were not bull2 according to specifications. She clarified that She was re- ferring to streets where there have been houses for a long time. Mayor Zack reolied that he was not in favor of this. He referred back to 1972 mad advised that $86,000 has been paid to do street work and two areas still owe money. He clarified that he was talking about shell rock streets. He added that he also checked the statement about there being an increase in t~es and we~ informed there would be no in- crease mad M~. Strnad was 100% correct. -25- MI~JTES - REGULAR CITY COUNCIl,, MEETING BOTNTON BEACH, FLORIDA MAY 3, t977 ~. De~rco suggested working out some system whereby the City could buy equipment and black top the roads at a con- siderable saving. It is not that hard to do black topping. Also, there may be the possibility of getting shell rock from the County. It would cut the assessment down. Mmyor Zack replied that the drainage must be taken care of. DeMarco added that they must have a shell rock base and Mayor Back ~_nformed him that shell rock was on these streets. M~. Kohl informed them that 7th St. needs demucking. Strnad questioned the approximate cost for the necessary equipment and Mr. Kohl replied that with buying all the equipment, they could kave the streets black topped for half the cost. l~Irs. Jackson stated she was concerned with drainage ~md See Min. suggested building the roads high enough so the water drains to the s~kles. She does not believe in curbs, of 5/17/77 ~. Kohl m~gested that he present an estimate at the next meeting for what it will cost to do the streets in the right manner by a good company ~ud M~. DeMarco referred to the price of $7.00 per running foot being submitted for each side. M~. Kohl suggested having the company look at the streets involved and having them submit a price. Mr. DeMarco referred to there being msa~j streets in Boynton Beach in need of repairs and stated that he believed having the equipment would pay off and cut doyen the cost to the people. ~. Kohl informed him that they must also consider the cost to hire trained employees. Mr. DeMarco stated that new roads could be built for less and Mayor Back informed him the ~oproximate cost would be $58,000 without 7th St. ~. De~%rco told about the City building roads previously, M~. Caldwell suggested it being considered at budget time. Mayor Back asked if he meant for the City to finance it and Mr. Caldwell replied that they should set some monies aside as it is ridiculous to have dirt roads. Ma~vor Zack referred to the people who have paid ~d ~s. Jackson replied that it had been done previously on a 1/3, 1/3 and 1/3 basis. ~. Caldwell recommended budgeting I/3 of the cost at budget time. He referred to the growth of the City ~ud the fact they still have dirt streets in the middle of town with people living on them. Mayor Back replied this was not the only City with this situation. M~. Caldwelt stated he was of the opinion that we should do something. We must take a posi- t?ce course of action in this. Mayor Back referred to 7th Ct.. and people having stated they are willing to pay their share of the load and Mr. Strnad asked why they should give them ~/3 then? ~. DeMarco stated that a majority of the people must agree. -26- MI~JTES - ~GUL~-~ CITY COB~.~CIL ~ETING BO~TON BEACE, FLORIDA M~~ 3, 1977 tCms. Jackson clarified that she was referring to the old part of Bo~nton Beach from the canal south to 15th. The other parts have been do~ by developers arzd the roads are accord- ing to the subdivision !aw. Howe~er, the roads in the older part were built before there were subdivision laws or road standards. These people have been paying taxes for years. Mayor Zack replied that this did not me~u they were ~ntitled to free roads. M~yor Zack-requested ~. Kohl to submit figures at the next meeting ~ud Mm. De~co also requested figures for some equipment. Discuss Hig~ School - Mayor Joseph F. Zack Mayor Zack stated that he was surprised when moving here to find the City did not have a high school. He understands there once was a high school. They do have elementary schools, a middle school and a vocational/technical school. He has alw~js felt that schools and churches are a basic fo~dation of ~ay co,unity. He thinks we should move in the direction to request the County to locate a high school in Boynton Beach. }~. Harvey ~er appeared before the Cour~cil and stated that there was a high school here for many years and he .ts pro- bably the only one in the room who went there. There was a period of time when the School Bested did purchase l~uud to re-establish a high school in this area, but the land was used for Congress Middle School. He personally encourages the Council to continue with this request ~m.d members of the ~h~mber of Commerce ~ud members of the comm~muity are defi- nitely interested. ~ey ~a~e willLug to work~with the Council in any way possible. He urges the City to take action and hopefully it will be a joint venture headed by the City. He feels it is imperative not only that the City pass the proper resolution, but encourages them to instruct the City Attorney to phrase the resolution requesting the School Boe~d to con- sider as~h~as promptly as possible in the Boynton Beach City limits or reserve area. He also suggests that an ad-hoc comm_~ttee be established so the School Board will have a group to legally work with ~and consult. He told about a newspaper article recently estimating the population to be over 200,000 in the Boynton Beach area. He then told about his personal interest in a high school with having yo~ug d~lldren. He added that the resolution should include that the school should be designated as Boynton High School. He thi~/~s it is imperative for the community. He then ex- plained how children in the area attended one of two schools, but most employers only contacted one school, thus half of the co~mmunity was excluded from employment. He thinks it is vitally importaut to build up their nublic image. He expremses on behalf of the Com~mittee of the Chamber of Com~erce their willingness to assist. -27- Mi~S- P_E~ B0~TON BEAC] M~r. Caldwelt and told abm in South Boy~ He added tha~ either ~u th~ Eeach was me.~ him that the Lawrence Roac here. Mr. Catdwell prepe~we a re~ ~Boyntor~ B~ Board to tak~ in the City point of ide~ discussion, third larges~ tity of a hi~ in ~he reser~ Mayor Zack ar othe~ Council committee. ~ serve o Me~ o~ bet of Comme~ then request~ in the reser~ Discuss Ad~d.i' SULAR CiTY COb~NCIL I~ETING FLORIDA MAY 3, ~977 stated he agreed with ~1r. 0yer's presentation ~t his o'~n participation to have the cn~t~ren .ton be there south tioned School able to attend Congress Middle School. were rumblings about a new high school or north end of the County and Boynton an~ also Lan2ana. Mr, DeM~arco informed Board purchased land at N~vpol~xe and · Caldwell replied that we have the land made a motion direc2ing the City Attorney to olution stating unanimous support of the people ach in urging the Palm Beach County School affirmative action in locati~ a high school imits of Boynton Beach. This City needs some tityo M~s. Jackson seconded the motion. Under ~. DeMarco referred to Boynton Beach being the City in the County and we should have the iden- h school. However, it possibly could be located e area. Motion carried 5-0. nounced that he and the City Planner and any members who desired would work as the ad-hoc r. Caldwell and ~,~. DeMarco volunteered to Eack announced they would meet with the 8ham- ce Committee whenever they cared to meet. He d the City Planner to check the possibilities e area. ional Parking at Beach - Vice M~yor Emily M. Jackson M~s. Jackson mmstrzbu~ed a map showing the parkir~ at the beach: She ~equested them to look at the map and see whether anythmng could be done about the lack of parking. She added that the por~ion marked '~A~ was at one time a parking lot. By moving th~ b~mpers at the south end between the arrows, there would ~e a place ~or more cars. She requested the City Manager to look in~o this ~nd come back ~ith a report at the next ~eeting. She added that summer is con~_ing on emd local peoole will be using t~e beach. ADMiNISTR~ITIV Repo~rt Regar~ ~. Kohl info multi-purpose which we ng~ulti-pe~pose Building at Municipal Boat Ram~ rmed the Council that he plans to construct a building at the ~mnmcmpal Boat Ramp on U.S. #1 :ipate will be utilized as a bandstand, a pic- nic shelter md all purpose recreational building. The di- mensions of this building will be 30' x 40' with open sides amd a monolethic concz~te floor 2' above the ground. In addition, it will have an open ceiling with stained redwood, -28- MINUTES - R~GULAR CITY COb'NCiL ~ETING BOYNTON BEACH, FLORIDA MAY 3, 1977 6" x 6" x ~0' steel columns concrete filled. There will be a ramp on the eaat end for the handicapped. The cost for the entire oroject is estimated to be $5,000.00. In addition, it is o~r~intent to re-shingle the present Boat Club building ~ud the three existing picnic shelters at an approximate cost of $800,00. The entire area will be landscaped. Most of the work will be accomplished with City forces. He expect to con- tract out the concrete floor. He respectfully requests appro- val to proceed with the above construction a~id renovation. If this project is approved, funds are available in the Build- ing Maintenance ~cco~nt No. 001-812-31. A rough drawing of the plans has been submitted. The structural design is also available for their review. Mm. DeM~rco moved to grant Mr. Kohl permission to do as he proposes, seconded by ~. Caldwell. Under discussion, Kohl clsm~ified that in regards to the cost of the project for the building of $5,000, this is material cost because the labor will be our own forces. Motion carried 5-0. Mm. Kohl added that he would also present at the next meet- ing: if the Council desired, the cost of two more boat docks with concrete ramps ~ud the Council unanimously requested him to do so. Co~sider Ch~nge'.Order No.. I - Water ~£eatmen_._t Plant__ Mm. Kohl read the attached letter dated April 25,~977, from Russell & Axon ~ud Change Order No. 1 for this project. He added that [~. Cessna and himself were in agreement with this recommendation. ~. Caldwel! moved to gr~ut the necessary change order request, seconded by ~. DeMarco. No discussion. Motion carried 5-0. Consider Pre~mmmnary Plat for Cranbrook Lake Estates (ecs.. Cogen) ~. Kohl informed the Cour~cit that the preliminary plat for Cranbrook Lg~e Estates (Cogen PUD) is located at the southwest corner of Golf Road and Congress Avenue. There are ~69 lots, a 26 acre l~uke and private recreation facilities with a gross density of 2.3 units per acre. The planning & Zoning Board at their meeting of April 26, 1977, unanimously recommended approval of this plat and found it was in confor~ce with the master ple~ for rezoning to PUD. Motion to approve was made by Col. Trauger ~d seconded by Mr. Lambert° M~s. Jackson moved to accept the recommendation of the Pls~- ning & Zoning Board ~ud pass on the preliminary plat for Cranbrook Lake Estates. She thinks it is a great asset to the City. ~. Caldwell seconded the motion. No discussion. Motion carried 5-0. -29- MINUTES - REGUL~LR CITY CO~H~CIL ME~TING BOTN_~ON BEACH, FLORIDa_ 977 Consider Moving Zoning Line: S 1/2 of Lots 3 and 4, Hill Subdivision - Ap_~licamt: M~. Robert Bean~ Laurel 3@. Kohl informed the Council that this request is being made hy I~. Robert Be~ue for the relocation of the C-2 zenimg line to make it correspond with the north property line of the S ½ of Lots 3 and 4 of Laurel Hill Subdivision on N. W. 7th Street. ~ne Planning & Zoning Board at their meeting of April 26, 1977, recommended approval in conjunction with Section 3-5 (g) of Appendix A of the Boynton Beach code, after determining that the division of the property made impraetical the use of the land. The motion to approve was made by Mr. La~bert and seconded by M~. Winter. The vote was 5-2 with Col. Trauger a~ud Mrs. Huckle dissenting owing to the lack of public noti- ficatien of adjoining property owners. Mayor Zack referred to some members of the Ptarming & Zoning Board being concer~ed since there was no notice to the ad- joining property owners ~ud questions whether the Council should go along with it on this basis. ~. Strnad replied that he certainly would not vote on this without a public hes~ing as this is a change in zoning. ~. why there wasn,t a hearing and Mr. Moore in~ according to the provision in the zoning co~ hearing was necessary in this inst~ace sinc~ owner,s property. It was a matter of deter~ Zack referred to the possibility of someone w&s being rezoned next door to commercial ~ stated he thought the public should be given the oppo~tunity to be heard. Mrs. Jackson clarified that the zoning line went through a lot in this case. DeMarco asked 'ormed him that lee no public it was on one ~ination. ;~¢or not k~owing it M~ Calmwe±l moved to submit this back to t~e Plar~u~ng & Zonfng Boa~?d penazng a publmc nearmng on th~s partmcular mat~er, seconded by Mr. Strnad. U~der d~sc~ssion Mrs Jackson stated this was the one where the p~operty was divided. Motion carried 5-0. ' ~oneider $~e Dev?lepme~ Plans fo~.Two Geo~ge,~ Marina ~. Kohl informed the Co~cil that the Plan~ing & Zoning Board at their April 26, 1977, meeting considered site development plans for the reconstruction ofia portion of the existing Two George's Marina building a~ 728 Casa Loma Bo~levard~within the limits of the existing~building lines as established in a Board of Adjustment variance of Decem- ber 13, 1976. The Pla~uing & Zoning Board ~pproved the re- construction plans subject to locating a fi~e hydrant adja- cent to the landscaped parki~ lot ~d sizing water lines appropriately to meet £ire protection standards. Motion to approve was made byMr. Arena and seconded by Col. Trauger. -30- MINUTES - REGUL~_M CI~ COLH. fCIL ~ETI~G BO~TON BEACH, FLORIDA Ma&Y 3, 1977 The yore was 6-4 with Mr. Lambert dissenting. A copy'of an excerpt from the Board of Adjustment meeting of December 43, 1976, has been forwarded for your perusal. In~iew of the fact that there was a dissenting vote due to the vagueness of the vari~uce received, it was thought you might l~ke to review these minutes. ~. George Culver appeared before the Council ~d stated he would like to discuss the fire hydrant. M~. Annunziato added that he thought it was important that this is dis- cussed as it was reco~ended to extend the water line 10,000 feet, which would bene£it other properties. Certainly this is a major undertaking to extend a 6 water ~ ~ne and more than one property o~mer would benefit. Mayor Eack cla_~ified that this was the recammendation of the City Engineer 8_ud M~. Ann~uziato replied: yes, the City Engineer and Utilities. ~@s. Jackson stated that it would be a benefit to have a fire hydrant there. M~s. Jackson moved to accept the recommendation of the Plan- ning & Zoning Board mud grant reconstruction plans subject to locating a fire hydrant adjacent to the landscaped park- ing lot ~d sizing water lines appropriately to meet fire protection ste~dardso ~. Caldwell seconded the motion. No discussion. Motion carried 5-0. M~. Kohl asked if the City was supposed to do this and Jackson replmed, no, ~. Culver is. Cons_mer Request for Demo!i_tion of Five Structures M~. Kohl referred to working closely with the Community Development project out of ~est Palm Beach in an effort to demolish rundown structures and clear the l~ud. A list has been submitted of the owr~.~ers names and addresses of the five s~ructures ~ud weCreco~end demolition according to Section 160 of the Chs~ter: Proced-o~?e, Content of Resolu- tion, Publication, Report of Cost and Assessment Roll, Com- putation of Assessment, Levy, Lien (page 79). It is up to the City Council to d~r~ t ~ ~ ' ~ _ ~c ~ne ,~mty Attorney ~o ~rep~e the Resolution so we may proceed with the demol~tion-of these properties. Each homeowner has been notified by Certified Mail of our intent. In addition, on file there are a num- ber of pictures indicating the condition of these houses. ~e would very much appreciate Council,s concurren~with the recommendation to demolish these five homes and ask that the City Attorney be directed to prepare the appropriate document. ~s. Jack, on so moved, seconded by M~. Caldwell. Une. ez~' * ~ dis- cussion, Mr. Eohl added thi~ was a sta~t in getting rid of about 50 shacks in that area. Motion carried 5-0. -31- MI~JTES - R~GULAR CiTY COUNCIL MEETING B0~VNTON B~CH, FI,e~ID~ 977 Accept Resignations from ~s. Forrest L. (Kathy) Wallace, Recreation & Parks Board and ~. C. Stanley Weaver, Board of Adjustment M~s. Jackson moved to accept the resignations of~a~s. ~ Kathy Wallace and Mr. C. Stanley Weaver with regret, seconded by M~. DeMarco. No discussion. Motion carried 5-0. Appointments to Recreation & Park~ Board, Board of Adjustment, and Communo_ty Re_a. tzons Board M~s. Jack, on referred to having received a letter from Emily Sinclair. Mm. Caldwell moved 5o appoint Mrs. Emily Sinclair to fill the vacated position created by the resignation of Mrs. Kathy Wallace on the Recreation & Parks Bosm~d, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. Mayor Zack referred to there being eleven members on the Com- munity Relations Board and advised he would be meeting with this Board tomorrow night. ~'~s. Jackson suggested to move Carl Zi~erman to being a regu- lar mem?oer on the Board of Adjustment and the Council agreed. Cons_ ~der Two Tr.a~usfer of F~.nds I~. Kohl read the two transfer requests ~nd advised that one covered the Technical Assist~uce ordered by the Grand Jury-1 and approved by Council on December 21, 1976, regarding Village Royale on the Green, Greenview Building and also to replace monies ts_ken from salaries M~rch 9, 1977 for same. The other is to tr~asfer monies to cover e~gineering fees that are ex- pense items. ~. DeMarco so moved, seconded by Mms. Jackson. No discussion. Motion carried 5-0~ Consider Beverage Zoning Request for Dorothy F. Johnson, d/b~a D_~otties Inn, ~32 ~ . .~~. loth Avenue ~@. Kohl read the application and advised it was a chsmge location. ~. DeMarco moved to okay the !icense transfer, seconded by Mrs. Jack~on. No discussion. Motion carried 5-0. Consider Permit for $olmc~atmon - Village Royale on the Green Sunshine Cl~o Mr. Kohl read the application and advised that everything WaS iB o~der. I~s. Jack~on moved to grant the permit for solicitation to the Village Royale on the Green Sunshine~Club, seconded by M~. Caldwell. No discussion. Motion csmried 5-0. -32- MINUTES - REGUL3_R CiT~ COUNCIL ~TING MAY 3, t977 BOYNTON B~ACH~ FLORIDA Approval of Bl!_s Mr. Eohl read the following o~lls for approval: ~. Lgngview Lime Lime for Was~ewater Treatment Plant Pay from budgeted funds 030-822.65 ,768.00 M?~or~la ~ .Inc. 4,465.70 ~or a _e Biomedical Telemetry & Voice Communication Unit Pay ~rom Encumbered funds and funds tr~us-~ ferred to cover balance 020-500 $4,400.00 Bid of 7/26/76 001-866.94 6~.70 Russell & Axon 626-68]-08-6 Est. #9 ~mofessiona! services during conmtructiou at Water Treatment Plant & Warehouse Pay from Utility General Fund 030-205 Russell & Axon 626-681-03-4 Est. #1 Professional services in preparation of Record Drawings covering ~ntermm Waste- wo. te_~ ~ Treatment Facilities and Upgrading Existing Wastewater Treatment Facllm~les Pay from Utility General Fund 030-215 Authorization dated ~I/30/72 5,06t .49 2,973.24 Russell & Axon 626-68~-05-4 Est. #32 ~s, Location and Testing Pay from ~tility General Fund 030-205 t ,154.60 P~rtin J. Yoha!eml P.E. 1,9~9. ~6 'T~chnical assistance--on Village Royale case Subject to transfer approval, pay from 001-870.39 Council approved 12/2~/76 Willie Ruth M~ Server for Sen~or Citizens Club 2 wee~ _Way from budgetsd funds 020-~80 Ordinance #73-~5, Dassed 5/15/73 Isiah Andrews ~er-~nior Citizens C!uh - 2 weeks Pay from budgeted funds 020-880 Ora~nance #73-~5, passed 5/t5/73 96.00 ~. Kohl stated that the bills described have been approved and verified by the department heads involvedl checked and approved for paymen~ by the Finance Departn~ent; funds ~e available in their respective budgets. He recommends p~v- ~aent of these bills. -33 - MINUTES REGUL~R CITY COUNCIL ~g~ET=f~G BOI~TON BLaCH, FLORIDA 977 M~s. Jackson moved to pay the bills, seconded by ~. Ca!dwell. Under discussion, Mayor Zack asked if Item No. 6 was in re- ference to the Grand Jury business and l~. Kohl replied: yes. ~@. Strnad asked who this~manwas and ~. Kohl replied that they were ~ngineers ~nd architects from Fort Lauderdale, which we had to hire from the outside. Motion carried 5-0. Request from Scobee-Combs Funeral Home Mr. Kohl read a letter fromScobee-Combs requesting authori- zation to remove a Body for cremation. M~. DeMarco moved to gr~ut the request, seconded by M~s. Jackson. No discussion. Motion carried 5-0. OT~ER Consider Pension for ThoD~aS A. Cla_~k, City Eng~neer M~. Kohl referred to discussing this with the Council some time ago and advised that the Pension Board has approved this. Mayor Zack explained how ~. Clark had been employed by the City in October, 1971, and paid into the plan during 1972 1973 before being withdrawn from the plan. He went back under the plan in August, 1976. ~,~. Clark was withdrawn from the plan without his permission. The total cost to the City is appro×~ately $4,000~ ~. Kohl added that Mm-. Clark is will- ing to pe$~ what he owes. ~. DeMarco so moved~ seconded by Mr. Caldwe!i. No discus- sion. Motion carried 5-0. Mrs. Jackson announced that a Special City Co~ucil Meeting was scheduled for Thursday at 4:00 P. M. ADJ 0~NT Mr. Caldwell moved to adjourn, seconded by ~@s. Jackson. Motion carried 5-0 and the meeting was properly adjourned at 11:20 P. M. -34. MINUTES - R~GUL~_M CITY COUNCIL ~ETING ~O.Y 3, 1977 ~ ~ FLORIDA BOYNTOh~ BEACH, A_TEST CI~£ OF BOYNTON B~,ACH, ~OR~DA ~/ Vice Mayor Council Member ~ouncil Memb~ ~ ~o~cil Memb~ Recoraing Se cre~ (Four Tapes ) -3 5- PALM 3650 SUMMIT BOULEVARD WEST PALM BEACH, FLORIDA 33406' TELEPHONE (305} 686-OJ~9~- BEACH COUNTY PUBLIC LIBRARY 'SYST 'N Municipalities Participatir~ in County Library Syst April 21, 1977 Documents for participation in the County Library System requested 'in my letter of February 1, 1977. The Human Resources Committee, which is composed of a majority of the members of the Board of County Commissioners voted unanimously at its meeting on April 20, 1977, to continue the use of the present formula and agreement for the fiscal year 1977-1978. We will appreciate it if the form which was sent on February 1, 1977 is returned to this office by May 1, 1977, if you wish to continue in the System, so'that we may prepare the County Library Taxing District Budget. If you wish to change the word" ' - appllcatzon" to "Letter of Intent" on the form you received, please feel free to do so. If you have any questions please telephone the County Library. · FEB:sc ..... CC: Library Directors John Sanshury~gonnt-5~Admin~t~r~'. Mrs. Dorothy Brock, L~airma~~ Library' Advisory Board · MEMORANDUM Noah E. Huddlestom Chief of Police ?~. Carl Dixon .... oad Patrol Cor~mmuder April 26, 1977 Survey - Boat Dock Sir: As per your request, the following is the result' of the suz-~ey that was taken at the City's Boat Dock located on N.Wi 7th Court and 13th Avenue. The survey was conducted between the times of 10:00 A.M. and 7:00 P.M. from April 20th thru April 24th. ~;~.April 20th - 1 boat trailer April 21st - 1 car April 22nd - 3 boat trailers April 23rd - 5 boat trailers April 24t5 - 4 boat trailers CRD.~ law Respectfully submitted: Lt. csgl -Road Patrol Colander .~ , RUSSELL & AXON Engineers - Planners Architects POST OFFICE BOX 1837 DELRA¥ BEACH. FLORIDA 33444 3051278-2615 ¥~r. Frar~k Kohl, City Manager City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33435 Gentlemen: ~abject: April 25, 1977 Change Order No. 1 Intercounty Construction Corp. City of Boynton Beach ~fP ?crpansion P~ases lA & ii Project No. 68~8-1~ (626-681-08-6) ?~closed are six c~oies of Chmnge Order No. I for subject project cs]]~ug for a change in the contract as follows: Replace existing 18" re~__~_forced concrete bacL~ash water piping to the existing lagoon with 18", Class 50, ~ctile Iron Pipe, including valves ~nd fittings as sho~ on V~<hibit A attached to the Change Order. Justification for this change is that tlne e~isting 18" RC pip~-ng which has been in service s~nce 1 962 is leaf~ng badly at numerous of the many joints, is too close to tlne wall of the e~sting cle~ell, bo permit installation of new piping to the washwater recovery basin, as pl~mued and the leaf~_.ug joints a~.~e -o~de~ proposed asphalt pa~_mg and roadway areas. Several ~.ethods .o~or~ction iucludLng concnaie pipe, salvaged pipe~ ~aB_d_ pipe lluer~have .b~en-investigated~with the adopted-propose~unethod~nti!fzing Class-50~-- D. acti-te I~on~Pipe-be~ing the mos~-"Cos~-gec%iveW~a~ $~,758.00~ Chis-proposed Lucrease'is 0.2 percent of the original contract price and will increase the contract amount tm $3~ If approv~d~ please retain twmsigned coptics for your fileUs_~_ud ne~urn t~s 6~ice. Very t~mly yours, Joe C~S~an ,-P.E .... -- Pr oj~c.t Mmnager cc: PAC x/encl OFFICES THROUGHOUT SOUIHE.4ST & MIDI,VF~T N~L~ME OF PROJECT: CHANGE ORDER Order No. 1 Dale: April 22, 1977 Agreement Dale: May 3, 1~}77 Water Treatment Plant _w.~.?~ion phases I-A ~ TT Additions and ~ansion, Project No. 685§-1-5 (626-681-08-6) City .o£~ ~ o~-d~B e&ch-~-~Xtori-a~-~ :CONTRACTOR: Intereounty Construction Corp_or~t~ on · ~he following changes are hereby made to the CONTRACT DOCUMENTS: ~eplAce existing 18" l~e'~f.' Concrete backwash water piping to existing lagoon with 18", Class 50, Ductile Iron Pipe, inclua~ng valves and fittdngs as shown on attached Exhibit A. Justification: Emisting R. C. pi.p? is in the way of new washwater recovery piping, and the balance of existing piping(which will be under paved ~rea~is leaking at numerous joSnts. Change to CONTRACT PRICE: OriEinat CONTRACT PRICE $3i268,o00.o0 ~ ~rent CONTRACT PRIC~ ad~usled by previgus CHANGE ORDER $ The CONTRACT PRICE due to ~his CHANGE ORDER will be [increased] [~ by: $~7 7~8.oo Tl'm new CONTRACT PRICE including this CHANGE ORDER will be $ 3,275,758.00 Change to CONTRACT TIME: No Chm'~ge The CONTR-A~CT-TtME-will be.[inc~reased]-[decreased} by =W/A~ _calendar4Jays-__.~- '~'rhe dat'e for Completion of~att work wilt tjX- :- ~/~ . - [Dam-)7. ~cc~P~b3~ ~ity-of- Boyn%on-Beach,~bY Appr6ved as to Correctness aud Form: ' ~ Mayor~. ~. Citer Attorne~r.