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Minutes 03-15-77 - _-~. ~ohl, City Cit~ clerk ~ ck M~°r T~ree~__~ City Za , . M~yor oseoh F. ~ce . Gene Mou~ ~ ~ t;'~ CaldWeiz, ~ RiCh~ ~- 7:30 p. M. ~d sound of the . called the meeting ~o o~e~h~t gavel piece rmse a~ Jo~ c~ama~O ~o~e to ReV- M°mSi~°~llegi~ce to the f st~diug for the pledge of ~d to rem~ joseph De~C°' Flag led ~ Co~cil~ ~ present wi~ing to spe~ or ad- agenda to plebe step Zack requested ~one the e to ~s- padgett M~ or the Council on any item on dress is t~e ~ud sub~t their n~ h ~ill call ~or~d at t~ ~.~es the order of bus.eSs, s~e ~d mheA thav ~o~-- t~e. them at the appropriate , s Festival ~d stated -~erred to the krt~ ~a~e had. or z~ck ~-~ th~ ~est ~.a he feels the '~t~,~3 for ~had oee~ une~O~ this worzu ~'~U~ It is wo f · -~t w~ ou~ u* ...... u~ratula~, side o~ lift- ed his s- · h to have a cultural ~ ~tv of Boynton B~C;~a~t B~d ~der t~ 6~ectzOn ~= ~i"+~i~ the Goi~ u~.tulated as n~ thought they ~ere bermific. He re~ue~t~ C~uncil ~o this b~d. appreciation on behalf oz u~o - - held ~s. Jac~OA ~ounced %hat Rid Litter D~ ~oul~ be -r~Y p~pose Sa~e~,~ .i~ie pride ~ ..... e already ~ o~ She - V-~-~ -~ut the orga~ ~-~ers. she ~oz~ a~ ~*~ c~ very welcome- requested for z~-~ donations are tributors ~d added that wo~d now celebrabe the T~rd M~or zack ~no~uced the~ ~ .... : o~st ~or's ~i~i.~jto honor ~e~Ut~offer :!wsvs been a beaU~%.~ to be here. ~ -- He ~ows ~,~ -- unable to a~tend because of sic~eSs- He __. or those 21 % of the ~ea. ~rs ~ ~_, ~thers w~re ou ._~ ~ he cazz~- ~at ~lne paSt m~Or made the ~esentatiO~-. and M~or Zack be g~ven a big roes ~ud ter~ ~. ~ asr m~ors _ . na nat the~PI ~ S onded _ requeste~ t _ e aUdience re P one w~ wel then . ~-~.~ n ~d th ,~ ~unced every show ap~rec~T~s ~d ~. Koaz ~ .... he th~ked them decl~ed a reC~o refreshments ~d come to have coffee ~d ~ll for co~ng- M!NGTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1977 Mayor Zack called the meeting back to order at 7:55 P. M. MINUTES Regular City Council Meetim$ - March 1, 1977 Mayor Zack called on the Council members starting on his left and Mr. DeMarco and Mr. Strnad replied they had nothing. ~. Caldwel2 referred to Page 14, 13 lines from the bottom, and stated it should be: within the realm'hr authority"of the City ~nager to rectify noise pollution. Mrs. Jackson referred to Page 2, third line down, and stated that "whether they have to" should be in quotation marks. She referred to Page 9, third paragraph from the bottom, third line, should be: par~ing "spaces" violations. She referred to Page 12, fourth line down, and she said "hold". She referred to Page 24, last pe~ragraph, and requested the addition of: "and ask Russell & A~on to pay the other hal~'. She referred to Page 27, under the discussion of the Regional Wastewater Treatment Plant and the grant from EPA, should be the addition: "and have already used some of it". She re- ferred to Page 28, third paragraph, and requested "when" to be crossed out and it should state: "after she voted for this at a meeting last year on November 22,. She referred to Page 29, second line down, which should say: "this agreement was discussed at the November Board meeting". Also, in the third Paragraph referring to?~ Padgett having the imformation, skould ~e~the addition, info~matiom le~dimg up to the In- ~ert~oal Agreement in the Central File and everyone shomld read it". M~yor Zack referred to Page 10, middle of the page, and ad- vised that 519.64 should be: "1,964.447 Mrs. Jackson moved to adopt the minutes as corrected, seconded by M~. DeMarco. No discussion. Motion carried 5-0. ??JBLIC AUDIENCE Mr. Dave Roberts appeared before the Council and s~ed his Council name and his address as 1005 $. W. 17th Street. He referred ~inutes to a recent meeting of the Board of Directors of the Community of 4/~77 Improvement Forum when a communication from Mayor Zack was read inviting them to join a Task Force Committee composed c~~ people from 20 organizations to research priority needs of the Cit~.~ *He advised that it is normal procedure when groups*He asked like this g~t such' letters to discuss them amd bring to their how m~ny o~ membership. It provoked quite a debate and raised not only the Counci3 questions, but eyebrows. He is here to obtain information h~d receiv- for clarification and not as a representative of the Community ed a co~ of this letter ~ud several said they had not. MINUTEE - REGULAR CITY COUNCIL ~ETING BO~NTON BEACH, FLORIDA M~RCH 15, 1977 Improvement Forum. To acquaint the Council members with the list of items he was referring to, he read some of the pro- jects: the need for a mausoleum, the need for a second story on the police station, the need for more parks, and whether to change the election process. He continued that these topics were a few of the key issues in the election of three members of the Council. He would like to know how they justify reactivating this politica~ chestnut. It looks like a replay of 1976. Eow could a Task Force take care of t~? For that matter, how ma~y people attend meetings in City Hall to kaow What i~ is all about? Wha~ happened to the referendum talked about By the candidates and to the petitio~ signed by over 2,000 people requesting a referendum? Wky wasthe referendum held being destroyed, which was defeated by a 2-1 vote? ~ho~ld they ignore this? Mr. Roberts statedtthat he also suggests that i~ethe Gouncil cannot handle these matters and ignore these item~, they should have a Task Force of all theoorganizations. Ma~ listed in this letter are not politically oriented and in some cases could lose their char~er or taxstatus, if involved in political matters. Being a member of A.~.R.P.~ he knows if they get involved ~n political matters, they will lose their charter. He is not talking about condominium associa- tions. Mr. Roberts continued that another item was the question of Eeac~est Eo~levard and they have had a straw ballot. Why give this to the Task Force since they had the straw ball,t? He found out by the newspaper that Resolution 75-SS support- ing the Chamber of Commerce for a high solid bridge over the Intracoastal ~aterway was rescinded. He thinks the straw ballot was a waste of time and energy. M~. Roberts suggested that an indepth study be made to see how this all came about~ He can understand the purpose of a Tas~ Force to solve some traffic problems or drum up busi- ness.~ He does not think these items should be ~turned over to a Task Force. They should include the whole town. He does not think the Council should shirk their responsibilities. Mayor Zack informed M~. Roberts that this was discussed by the ~Ouncil and they agreed as Ear as they are concerned, there should be more citizen participation. He suggested these 20 organizations and if there are additional ones, they would be glad to include them. In ~eference to the bridge, they rescinded the resolution a~ud started with a s~raw ballot. As far as the Task Eorce Committee being political, these people do not have to recommend any of these things. As far as the police station, he has talked to the Police Chief and he explained how possibly the addi- tion may not be necessary, but remodelling may take care o2 it and he requested this information to be given to the Task Force. They are concerned with citizen participation. -3- MINUTES - REGULAR CITY COUNCIL M~TING BOYNTON BEACH, FLORIDA MARCH 15, 1977 Mr. Roberts replied that he did not come to get ~uvolved, but in his opinion they are involving these people in poli- tics. The participation is well a~d good, h~t they do not have the qualifications. They should let the question rest of whether they need changes in the election process as this was voted om last November. He is not against an addition to the police statio~, but he thinks it should be requested through the proper channels. Usually the Police Chief tells the City Manager what he want~ and it is submitted at the bud- get hearings. M~or Zack replied that as far as he was cor~eerned, t~ was ~ot politically motivated. There were~l~ TM items liste~ as su~gestisn~ and what ~he Committee recommends or no~, it is still u~ to the Council to decide what they want to do~ He is ~ot questioning what Mr. Roberts i~ ~oing and Nr. Roberts should not question him. He jmst wants citizen participation. He has ~ad experience in this work all his li~e an~ he Be- lieves in citizen participation. Mr. Roher~ssuggested that he look up the w~rds politics and political in the dictionary and ~myor Zack replied that he was like ~r. Roberts and ~he is not a good politician, He adde8 that he also told the Task Force Committee that he is ne~ intereste~in~increas~g itaxeso If anything can be done with a~y surp~um mo~ey they ~a~, that is what they are looking f~r~ BIDS One (1) 1976-77 Cab & Chassis w/Articulating Aerial Platform With Forestry Body and Tool Box ~. Kohl informed the Council tha~ bids on the above were opened on Tuesday, March 8, 1977, at 4:00 P. M. in the Office of our Purchasing Agent, Mr. William H. Sullivan. The Tabu- lation Committee recommends the accept~uce of the low bid from Aerial and Hydraulic Equipment, Inc. of Orlando in the amount of $25,132.50. A copy of the Tabulation Sheet, Pro- posal and Affidavit signed by Mr. Jack Kritzberger, President of Aerial and H~draulic Equipment, Inc. are on file. He has checked all other requirements and everything is in order. Monies for the above are available in the Antirecession Fiscal Assistance Program Title II, Public Works Employment Act of 1976 Fu_ud which was set up in accordance to Resolution No. 77-J. He concurs with the recommendations of the Tabulation Co~mittee. Also, he called Florida Power & Light Co. and they recommended this ~ud Delray Beach has one and they are on their second one. M~s. Jackson requested that he tell the pe~le j~st what this is all about and M~. Kohl informed them that this ia a hy- draulic lift which goes approximately 40 ft. high to trim trees. It can also be used for wood chipping. There are all types of tools in the tool box. -4- Council ~inut e s c MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA M~RCH 15, ~977 M~yor Zack asked what they had at the present time and Mr. Kohl replied that they have one, but have been reputing it every month. Also, they bought it second-hand. Mayor Zack asked if they would be trading it in and Mr. Kohl replied: yes. Nfs. Jackson moved to accept the recommendation of the City Manager and Tabulation Committee and awar~ the bid for one 1976-77 Cab & Chassis with Articulating Aerial Platform with Forestry Body and Tool Box to Aerial Rnd Hydraulic Equipment, Inc. of Orlando in the amount of $25,132.50. Mr. Caldwell seconded the motion. No discussion. Motion carried 5-0. Gentainers for Sanitation De~rtment Mr. Kohl informed the Council that bids on the above were opened on TuesdayS March 8, 1977, at 3:00 P. M. in the Office of our Purchasing Agent, Mr. William H. Sullivan. The Tabu- lation Committee recommends acceptance of the bid from Indus- trial Refuse Sales, Inc. of Lakeland~ Across the board they are the low bidders even though the~ have a higher quotation on two items. We will be ordering in trailer load shipments of all sizes which will make ap the difference in price. A copy of the Tabulation Sheet, Proposal and Affidavit signed by Mr. Gary C. Rea, President of Industrial Refuse Sales, Inc. are on file. He has checked all other requirements and everything is in order. Monies for the above purchase were budgeted in the Federal R~venue Sharing Fund (Environmental Protection) Sanitation Department, Account No. 020-827 im the amount of $23~000.00. He concurs with the recommendations of the Tabulation Committee. Mr. DeMarco moved to purchase these refuse containers from Industrial Refuse Sales, Inc. of Lakeland. ~. Caldwell seconded the motion. No discussion. Motion carried 5-0. PUBLIC HEARING NONE I~EGAL Ordinances - 2nd Readin~ - Public Hearing NO2~ Ordinances - ]st Readin~ NONE Resolutions -5- F~U3~S - REGULAR CITY CO%~CIL F~ETING BOYNTON BEACH, FLOR/DA M~CH t 5, 1977 Proposed Resolution No. 77-0 - Re: Establishment of Toll Free Telephone Service Within Territorial Limits of Coastal Palm Beach County Mr. Moore read Resolution No. 77-0. Mr. DeMarco referred to being the instigator of this and as he stated previously, they can phone to ~orth Palm Beach, but only south to Delre~ Beach. He thir~ks due to the fact that Broward County and Da~e County have free phone service through- out the county, he hopes the same can be done for Palm Beach Gounty. He certainly hopes the other cities will go along with this and endorse this resolution, so possibly we ca~ get phone service very shortly. Mrs. Jackson moved the adoptio~o~f Resolution No. 77-0, seconded by Mr. Caldwell. Under discussion, Mrs. Jac~on remarked that this was a different resolution than presented by the Municipal ~eague which included out to Belle Glade and which did not go through. Ehe thinks this is more realistic. M~o Caldwell stated he hoped upon passage of this resmlution that copies will be sent to the various municipalities in- volved requesting them to join in this request. Mrs. Jackson requested this to be ~ncluded in the motion and to also include the Public Service Co~ssion~ M~. DeMarco added the County Commission also. Mrs~ Padgett then took a roll call vote on the motion as follows: Councilman Strnad - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Vice Mayor Jackson - Aye Mayor Zack - Aye Motion carried 5-0. -Other Request Authorization to Execute Agreement Between Palm Beach County and the City - Re: BristoI Sprinss Corporation ~. Kohl referred to the Council meeting of January 18, 1977, when the City Council authorized him to negotis~te the above agreement. Since then he has been in contact with Miss N. Suzanne Hunter, Environmental Control Officer for Palm Beach County. A draft of the contract between Palm Beach County and the City is on file. If the City Attorney feels every- thing is in order, he respectfully requests that the Council authorize the appropriate CitF ~fficials to execute this agreement. He also reminded the Council that Mayor Zack, Mr. Cessna and himself attended a meeting at the Co~_~ty Court House with the County and the people in Bristol Springs ~md the County is going to take over this property. -6- MI~UTES - REGULAR CITY COUNCIL MEETING BOt~TON BEACH, FLORIDA MARCH 15, 1977 Mr. Caldwell moved to execute the agreement between the City of Boynton Beach and Pslm Beach County for the subsequent acquisi.tion of Bristol Springs Corp. Mrs. Jackson seconded the motion. U~der~ discussiom, ~. ~eMarco referred to the lines mot being up to par and Mr. Kohl informed him they would have problems, but this is our service area and if we renege on our service area, he thinks we would be in trouble. Mr. De~co asked if new sewer and water lines would be needed and Mr. Kohl replied that he did not think it w~uld have to be done immediately. He explai~ue~ how the water would be no problem and they would get paid by new develop- ments. Mayor Zack asked if the size stated on the agreement was approximate ~_nd Mr. Kohl informed him that this was the place for the lift station and the County will give that the City. to Mayor Zack told about discussing with Mr. McDamiels of the County Tax Office the assessed valuation for Bristol Springs, Southern Bell and Point Overlook and it was $2,300,000, which means the City will get approximately $20,000. Mr. Kohl agreed the tax base was very little, but he thinks they will he better off to take over the lines. Mayor Zack added that ~20 units were planned to be built in Point Overlook and the tax base was die, cussed further. Motion carried 5-0. OLD BUSINESS Cit~Manager's Report on Abandonment - Golfv~ew Harhor~ 3rd Addn. Mr. Kohl informed the Council that he wrote a letter to Mr. Costanzo advising that if he pays the $250 fee, the City will work out something as far as the legal requirements for the abandonment. Mr. Caldwell stated that he thought Mr. Costanzo's original argument was that the $250 easement ~andonment fee was paid once, but because of a change in plans, etc., this particular pi~e of property was not included in the original abandonment and should have been.. His argument is that since it should have been included, Mr. Costanzo cam~ot see any reason to pay the additional $250 fee. M~. Kohl tol~ about meeting with his department heads and they agree this fee should be paid by Mr. Costanzo, but it is up to the Council to make a decision and if they decide to waive the fee, it is fine. Mayor Zack replied that he agreed. Mrs. Jackson moved to have Mr. Costanzo pay the $250 fee for the abandonment and he should work this out with the City Manager and City Attorney. Mr. DeMarco seconded the motion. -7- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~L~RCH 15, 1977 Under discussion, Mr. Caldwell referred to Mr. Costanzo living a couple blocks away from him and asked the City Attorney if there was a~y potential conflict and Mr. Moore replied: no. Mr. Gal~well stated he ~uderstsod that when this first came up, this parcel of la~d Mr. Costanzo is re- questimg was originally includ~:d in the first abamdomment application and somewhere during the process, this small section was excluded. The $250 fee was paid once for the abandonment of the entire parcel of land. Persomally he feels if the fee was paid enee for this, he cannot see the reaso~ for paying it ags~Im. Mr. DeMa~ee refer~ed to this pa~¢.el being m~e~ by Florida ~ower & Light Go. and Mr. Moore clarilied that ~my time there is a request for am abandomment, area frem the ~ba~denmen~. The whole-thing shomld have beer ~ic~l~ty they a~e ~o~ supposed to charge a~one extra fees o~r tha~ what it ~ cost. ~. Eo~ ~fo~ bEem that he ~ Eg~ over t~s ~th ~ dep~tment heads ~ ~ey th~k ~e Ozty dese~e~~ the ~50~ fee per the r~olut~om. ~. ~well s~ated ~ ~ht o~ what ~. Moo~e s~, ~ig~at~ it ~ excluded because a~ Florida Po~r &~ ~t Oo. and ~9~ fee ~ I~5 ~!d h~v~ ~qluded this~. ~e whole th~ s~h~d have h~n done in 1~5~ fdr the one fee. Mr. ~eMarco q~estioned what the costs womld actually rum and M~. Kohl replied that it ~as not a matter of costs. He then ~mformed them that according to ~rs. Padgett, there w~s a ~cond plat Which me~.~u~ s a lot~ 'They feel the mam should have t9 pay $250. He is just giving this information to the Coun- ?i. 1 as agreed to by the department heads. Mr. De~rco. ques- tioned when it was replatted and F~s. Jackson replded. ~ro- bably late in the year. F~. Caldwell questioned why it was ~eplatted and Mayor ~ack sUggested tha~ the City Manager and City Attorney ,work this o~ Mr. Caldweil suggested that possibly it v~ould be more advantageous to table .this and find o~t what happened to this ~artieular p~reet of lan~. Mr. Moore stated he thought the basic issue was what was ori- i ~ g really requested for aba~ion~ent and if this was to be in- eluded, why wasn't it. He thinks Mr. Oostanzo informed the Gouncil previously that what was applied for originally was mot fully carried out. He th~s Mr. Costanzo is requesting aorrective action. Mrs. Jackson moved to table this, seconded by M~. Caldwell. Motion carried 5-0. -8- MINUTES - REGULAR CITY COUNCIL ~TING BOYNTON BEACH, FLORIDA MARCH 15, 1977 Consider Utility Agreement - Seacrest Blvd. Between Woolhright .Road and Bo~aton Canal (Tabled) Mr. Caldwell moved to remove this from the table, seconded by Mr. D~Marco. Motion carried 5-0. Mr. Kohl stated that before getting into considering the utility relocation, the Council has to tell him what is going ~o be done on Seacrest Blvd. M~yor Zack asked if the results of the straw ballot were in and ~r. Kohl informed him that 704 were for wideningand 334 against. Mr. Caldwell asked if the signatures were verified and ~s. Padgett:replied: yes, as many as possible. Mrs. Jackson stated that one of the things left out of the See whole argument was the fact of the drainage. She told about Council being on the 208 Committee and studying water ruaoff. She Minutes o~ then read part of an editori41 from the Mism~ Heral~ regard- 4/5/77 lng the importance of South Florida protecting their water supply, In view of this, there is something more important to be considered instea~ of widening Seacrest Blvd. She ex- *drains plained how the County wanted to put in cur~s and~t-he--weFeer diverting ...................... ~ Possibly they should wamt until the w~ter this can he engineered for the water to go into swales and to drainage wells. They should look to the future. She explained how / pipes and the 208 Committee was studying storm runoff with hopes to eventually haVe answers within 18 months~ This should be considered into the before widening Seacr~st Blvd. ocean and lost forever. M~. DeMarco referred to the County saying the runoff coul~ go into the canal, but the County also stated in futurepplan- ning, they will try to maintain water in the swales. Mrs. Jackson replied that this widening was not engineered that way and maybe they should wait until this could be done. Mr. DeMarco stated he hated to lose the money and suggested that possibly they could contact the Coanty and see if there is an alternate. Mr. Kohl replied that he had contacted them and was advised there is no alternate. Mr. Strnad stated he believed they also have to consider the fact that Seacrest Blvd. is the main road to Bethesda Hospi- tal and in times of flooding, Seacrest Blvd. has, become al- most impassable. He thinks they can lsok to other roads which may be constructed in the City to have swale areas to allow perculation go hack into the ground ~atker than takiug the chance and waiting 18 months and not have the reaction we want from the Co~uty engineers, plus the fact we will probably never get that money back again for the development of this road. It will be at the Beynton Beach ~axpayers, expense to de~elop this road later. -9- MINUTES - REGULAR CITY COUNCIL MEETING BOY~N~N BEACN, FLORIDA MARCH 15, 1977 ~. Strnad made a motion, in view of the straw vote, to recommend to the County Commission that they proceed with the Seacrest Blvd. widening and draiaage. Mr. DeMarco stated he was not against the wideming, bmt had hoped they could possihlFget aa alternate plan for drainage and possi- bly this could be held until the next meeting. Mr. Ca~well clarified that Mr. Strnad and Mr. DeMarco were together on one thing a~d that is definitely Seacrest Blvd. should be four lanes. They need to improve the passability of Seacrest Elvd. during the rainy season. The qnestion is whether the Gouaty provided the beet plan at'this particular point in time. He thinks they are dangling, the mo~ey issue in front of us. He thinks the County engineer who did this migh~ be allowing his professional Prid~ to interfere a~d he referred to meetingS when this engineer was questioned° He def~tely wants to see this read four laned as seen as pesslible~ but he does not think the plan is a credit to their engimeering capa- bilities. Based on ~hat issue~ he is ep~ssed to this present plan. Ee does not think t~e p~83a proposed is the best tion. M~or Zack turned the gavel over to Vice Mayor Jacksoh and seconded the motion. Under discussion, Mayor Zack stated he thought the straw vote should mean ~omething wi~h~68~uDporting i~. He is 100~ for it. He ~s representzng the City of Boynton Beach and is concerned about the people coming, the unborn generations, etc. He supports four la~ing. ~-~. Caldwell asked if he was saying he wanted Seacrest Blvd~ four laned according to the County,s present pla~ and ~yor Zack replied according to the criteria and specifications set up by DOT~ Mr. DeMarco stated he would like to take one more crack at it and see if we can get a better water retainer system. Mr. Kohl told about talking to the DOT representatives and they will not change the specifications or engineering draw- ings for Sescrest Blvd. and the City must either take it or leave it. They are administering this for the County and it cannot be changed. Mr. DeMarco referred to the 208 meeting when it was stated that ~he engineering on new highways will be done to retain water. Mr. Strnad referred to the possi- bility of Seacrest Blvd. being a unique condition and he thinks for this Council to make a decision about planning is way out of line. We are not engineers and he thinks we must take the advice of people who can judge this. Mayor Zack stated that the money is available for the bene- fit of the citizens of Boynton Beach. He has checked with three Commissioners and the County Engineer and there is no alternate plan. ~s. Jackson replied that there was a tape on record at the County from a transportation meeting and it was stated there was an alternate plan. The County knows how she feels about this as she has made herself very clear. See Council Minutes of -10- MINUTES - REGUL~ C!T~ COUNCIL MEETING MARCH 15, 1977 BOYNTON BEACH, FLORIDA Mayor Zack stated that there was entirely too gamble and lose it. It is 1½ million dollars ~md $900,000 from 15th to the canal. much money to to 15th Avenue Mr. Kohl informed the Council that he did contact the County as requested for another meeting and the County Engineer asked the Commission and they refused. Mrs. Jackson announced it had been moved and seconded that Seacrest Blvd. be widened to four lanes as engineered by the County. Mr. DeMarco moved to table this until the next meeting and he will personally check to see if we can get a swale. Mrs. Jackson seconded the motion. Nnder discussion, Mr. Strnad asked if there was a definite answer whether they will wait and Mr. Kohl replied that he did not know, but if Mr. DeMarco has talked to one of the County Commissioners and they have said they will wait, it is fine. M~. Strnad then asked Mrs. Jackson if there was any other reason, other than the drain- ~ge going back into the ground, she opposed the four laning and MrS. Jackson replied that she thought this was important. Also, this was not included in the ad in The Shopper. This was brought to her attention last Friday and she became in- terested. ME. Strnad asked if she had made any promises s_nd ~s. Jackson replied that she never makes promises to anyone. MmYor Zack added that they must consider having this come back to the taxpayers and asking them to pay. Mayor Zack requested a roll call vote on the tabling motiou and ~irs. Padgett conducted it as follows: Councilman Caldwell - Aye Councilman DeMar¢o - Aye Vice Mayor Jackson - Aye Councilman Strnad - No Mayor Zack - No Motion carried 3-2, Mr. Kohl informed the Council he could not do anything with the agreement until a decision is made on Seacrest Blvd. Mr. DeMarco suggested that they get in touch with the County as soon as possible and if necessary, call a special meeting after they are assured of the water situation on Seacrest Blvd. Mayor Zack asked what would happen if they cannot change the water specifications and M~. DeMarco replied that in that case, he will go along with it as it is. Ms. Caldwell moved to instruct Mr. Kohl to contact the County Engineer and DOT to once again strongly request their pro- fessional opinion as to if an alternate plan could be drawn up ke~e~lng in mind the water runoff problem as it st~uds in South Florida. Mrs. Jackson seconded the motion. Under -11- MINUTES - REGULAR CITY COUNCIL MEETinG BOYNTON BEACE, FLORIDA MARCH 15, 1977 discussion, ¥~. DeMarco and Mayor Zack stated they would like to go with Mr. Eohl. Mr. Kohl stated he would rather write a letter, so it is in writing. Motion carried 5-0. Complete Appointments to City Boards & C~mm~ttees (Tabled) ~s. Jackson moved to take this from the table, seconded by Mr. De~h~rco. Motion carried 5-0. Appointments to Civil Ser~ic.e Appe~l~ Boer8 Mr. Kohl informed the Council that ~. Lou tamyn and Mr. Robert thackley had resigned. Mrs. ~ackson made a motion to move Robert Collier up from an alternate. Mr. DeMarco seconded the motion. Motion carried 5-0. Mr. DeMarco nominated Mr. Edward F. Harmening as an alternate. See Mayor Eack referred to Mr. Earmening serving on a Board now Coo~cil a~d Mrs. Jackson asked if he would serve as an alternate on Ninutes o~ this Board. ~. Harmening replied that he would and he would 4/5/77 resign from the other Board~ Mr. Caldwell ~econded the nomi- nation~ Nomination carried~5-0. There were no other nominations ~poointment to Board of Adjustment Mrs. Jackson referred to there now being a vac~cy on the See Board of Adjustment and nominated Mr. Stanley Weaver as a Co~ncil member of this Board. Mr. DeMarco referred to Mr. Weaver NXnutes oi being on another Board ~dm~s$ J~C~nrep~ied ~hat he could 4/5/77 resign and Mr. Weaver agree~. Mr. DeMarco seconded the nomi- nation. N~mi~ation carried S-0. There were no other nominations. Appointments to Bldg. Board of Adjustments & Appe~5 Mayer Zack announced that an alternate and regular member were neede~ for this Board. Mrs. Jackson told about not being successful in finding an architect willing to serve on this Board. They have received a resume from Mr. Lester Ward and she feels this Board should be completed. Mayor Zaek replied that they should have an engineer and referred to M~. Art Williams being on the Board last year and he is an engineer. They discussed the request to have resumes. Mrs. Jackson moved to table the appointments to the Build- ing Board of Adjustments & Appeals. F~. DeMarco seconded the motion. Motion carried 5-0. APpointment to Community Appearance Boar8 ¥~yor Zack referred to the minutes from the CAB meeting point- ing out that an architect was needed for this Board. Mrs. Jackson replied that this is a full Board and they have been unable to get an architect and they will just have to wait. -12- MINUTES - REGULatoR CITY COUNCIL MEETING BOI~NTON BEACH, FLORIDA MARCH 15, 1977 Mrs. Jackson told about talking to several architects and they don't seem to have the time. She does not want to open this to people out of the City. Mr. Caldwell agreed they should give the architects residing in the City first crack, but since they have indicated they do not wish to serve, they stilI need architects. Mrs~ Jackson suggested changing the ordinance. F~r. DeMarco suggested waiting until the next meeting to complete the Board appointments. ~iscussion of Boards, Purposes F~yor Zack questioned the purpose of the Comm~,nityRelations Board a~d ~. Caldwell suggested discussing ~is at a work- shop meeting.together with the complete scope of the Boards. He referred to the Community Promotions Beard grouping for direction. He suggests that they informally discuss where these Boards are directed~ They discusse~ how there were no guidelines or duties for these two Boards and then Mr. Caldwell moved to ~chedule a workshop session to discmss the Community Relations Board as well as ~he Community Promotion Board,s scope of authority and responsibilities as Boards to the City. He suggested meeting this week or next he£ore the next meeting ~_ud after discussion, it was agreed Mayor Zack would set the date and notify the Council members. Request Authority to Establish Position of Executive Officer (Tabled) ~. Kohl requested this to remain on the table. Discuss Sewer Char~es - Counc~Im=n Norman F. Strnad Mr. Strnad stated i~view of the information he received be- fore this meeting from Mr. Moore, he moves to table this particular item. N~s. Jackson seconded the motion. Motion carried 5-0. Position Statement on Allegations - Re: Deferred Compensation .Plan - Councilman Richard D. Caldwell M~. Caldwell read the following statement: "I feel that the responsible thing to do at this junction in time is to make a position statement as to the charges brought against me by one member of this Council, for con- flict of interest. Prior to my election to the City Council, I went to City Manager, Mr. Kohl, in the capacity o£ a life insurance agent, license~ by the State of Florida, to discuss an idea with him. This was sometime between the primary and the general election. In the primary, ! placed sixth out of ten candidates vying for the three seats vaca~t on the City Council. -13- MLN~TES ~ REG~ CI~ COUNCIL M~ETI~G BOYNTON BEACH, FLORIDA ~IRCH 15, 1977 In our initial conversation I inquired whether the City had ever considered installing a plan of Deferred Compensa- tion for its Department Heads and City workers, t briefly ~iscussed the concept with him at this meeting. My purpose was to discern whether or not there was indeed a market for this product. ~. Eohl indicated his interest and felt that such a concept might benefit his employees and in turn benefit the City by offering an incentive to attract and keep the high caliber personnel needed to run the City Hall. This concept is not completely new to municipalities, nor is it unusual for an agent of the Aetna to initiate such a program am several other cities, large and small, have adopted such employee benefi% packages, with the Aetna as the carrier and administrator of the pla~. Mr. Kohl stated that he would call a meeting of his De- partment heads and have us (The Aetna) explain the concept to them ~ud determine if the Department Heads £elt that they and their subordinates might be also interested in the pla~. Between the time of the initial interview and the De- partment Heads meeti~ug, ! was elected to the City Council. This came as a pleasant surprise to me and as a bitter disap- pointment to others. On January 28th, according to one person's statement, the meeting of the Department Heads was held in these Coun- cil Chambers. Mr. Kohl introduced me and i informed the Department Heads a~ the fact that I and Grog Fischer were agents of the Aetna Life & Casualty and that Grog would be addressing them on the concent of deferred compensation as he was better qualified than-I to explain it. Upon the conclusion of Mr. Fischer's presentation and the question period, Mr. Kohl asked which of the Deoartment Heads felt they and their employees would be interested in this pla~. ! Believe the Concession was ~ua~imously in favor of the plan. The next normally planned step in a foreseen progression was for the City Manager to request a resolution from the City Council to enter into an agreement between the carrier ~ud the City, stipulating that the carrier, in this case the Aetna, wouldinvest funds given to it by the City in behalf of its employees. The employees would, on an individual and voluntary basis only, lnStruct the City that they would like a specific dollar amo~ to be ~deferred- into this inVest- ment program, it in no way i involves public funds any more. MINUTES - REGULAR CITY COUNCt~ ~ETING BOt~NTON BEACH, FLORIDA MARCH 15, 1977 The employees have earned the wages. It is their money and not the City's money which is invested. Acting in good faith and following the normal procedure for the adoption of a de- ferred compensation plan for either a municipality or a pri- Vate corporation, ! proceeded to provide a ~'sample,, resolution to the City Manager as a guideline as to the proper wor~ug, but the City Attorney drafts the actual wording for the reso- lution. The Aetna provides this sample to every client who is i~terested in suoh ap lam. It was at this time that N.r. Kohl advised me that I should speak with City Attorney~Mr. Moore~ on this subject which I immediately did. ~ I spoke to F~. Moore and at that time he informed ~ that because of my role as a new City Councilma~ and au in- surance agent for the Aetna, some people could try to turn this into a political football and accuse me of conflict of interest. Respecting Mr. Moore's legal opinion, and being desirous of serving the ci~izen~ of Boynton and seeing this concept installed to benefit this City's empI~ees, I decided that the best thing for me ~o do now was to turn this case over to Mr. Fischer, ~hich I have done. At this point in time I am no longer involved in any negotg~tions with the City of Boynton Beach in regards to a deferred compensation plan, or any other insurance plan. I, in no way will take part in any discussion as to the merits of such a plsa. I will not vote on any resolution appointing a carrier company for the plan. I will in no way receive any commission or any other compensation either directly or indirectly for the sale of such a program. This has been my position since my conversation with City Attorney Mr. Moore, when he informed he as to the ~u~s- tionable possibility of a conflict of interest. I initiated the subject as a businessman and a private citizen. I did so, honestly, candidly and openly as it is always my practice. I nevem have nor ever will P~owingly or willingly use my position as an elected official for finan- cial gain or personal gain. I personally feel that to sacrifice my integrity for any amount of money is a price tcOgreat to be paid, If I am guilty of anything, I am guilty of not knowing the depths to which political adversaries would sink to ruin both my professional career ~ud political career I might have. -I5- MINUTES - REGUL~ CITY COb~NCIL MEETinG BO~NTON BE~CH, FLORIDA ~MCH 15, 1977 The purpose for which this malicious attack on my inte- grity, my honesty, my professionalism and my livelihood has been waged against me is known only by that person or those persons who have waged it. If ~. Strnad or any other person is to intent on de- straying my credibility through character assasi~ation through such u~found cha~ges, I weigh them to what is "your,' purpose. What is your personal gai~. I have never violated ~ither the letter of or the intent of any law intentionally or otherwise. I am appalled by the dispicable tactics which have been use~ to defame my charac- ter. I ran for the position of City Councilman for ~wo years. ! pleaded with the people of this Gity to vote out machine politics and personality warfare. For awhile, it appeared as though this Council would succeed in working together. Disagreeing but disagreeing on points of view, not on person- alities. It now appears as though this honest disagreement - the peaceful disagreement is due for a reversion Back to the name calling of the past. Allegations have been maliciously leveled against myself and other members of this Gouncil. No facts have been presented. Rather innuendos, rumors, and false charges were waged. A good example is the case of the Rinker building permit, tn this case, ~ Strnad accused me and the other ~ouncil members of "covering u~' andattempt to issue a building permit. In fact, the night before the Council meeting, all the Council members received the same ~background- information as he did. The subject was embroiled and inflamed. The Council, to my knowledge, wasn,~ going to even discuss the subject at that Council meeting. Prior to this meeting, the Council was working in harmony. Evidently, too harmoniously for som~. So, for whatever the motives, this issue has been made into a political issue, even after the Council unanimously affirmed their support for the homeowners in that area. Tot attemots continue to be made by the "politician" to keep the peopl~ enraged and to build a platform for next December,s election. Also, rumors have been spread by one ~ndividual, who has been working dilligently for my recall, that R~Wer donate~ $500 to my campaign. ~ financial records are on file in the City Clerk's office and will show a total of $454.75 was con- tribu~ed tommy campaign. A $5.00 donation was made on my Behalf by the wife of my next door neighbor who works for Rinker, for a~two page ad which ran in the ~ho~per~ prior to the general e~ection in behalf of three candidates. Her name also appemred in this ad along with over 100 other Boynton citizens. -16- MINUTES - REGUL~ CiTT COUNCIL MEETING ~L~RCH t5, 1977 BOYNTON BEACH, FLORIDA Yet the attempt to try me through the media continues. It seem~ a~ though some people in this town meed con- flict in order that they may personally thrive. ~ intend to see that this City will never again be r~u by one or two people'~ ego trips. This Citycannot long en- dure that way. The attempts to getrid of the brash young kid won't suoceed~ Yet they say I have a lot to lear~. Well if i may, I won't turn to them to be my teacher. I am not in- terested i~ their dirty politics, their bossism form of government, their threats against people if people don't do what they are told to do. I ~ow publicly call on all the people of this City to come forward and demand an end to this ~ack stabbing, this concerted disruDtion of harmony. I call on the citizens to demand that the prosecution in the press of Council members come to an end now for the sake of your own City's future. THI~ CONCLUDES MY POSITION ST~TE~.~NT. I also would like to say a few words relative to the charges which have been brought against me by Mr. Strnad in this matter. I am in the insurance business. I am duly, legally, and properly licensed to represent Aetna Life & Casualty and ~etna Variable Annuity Life Insurance Company in the State of Florida. This is my chosen profession for which i have been trained previous to my election as a Coun- cilman. I considered the City to be a pro$oect for my busi- ness. I, therefore, felt, without any rear-of conflict, that I could and should approach the City to introduce a program of deferred compensation to them. ! ~elieve that my right in doing so is s&lf-evident and needs no further explanation on my part. I frankly do not understand th~motives of the individual who has brought on this attack. I feel by divorcing myself totally from the situation, however, that I have gone as far as I can go in the entire matter~ After all, it is my right to be in the in~surance business while serving as a member of this Council, just as it is the right of any other Council memher to be gainfully and properly employed in their occu- pation. The only way, in the wildest stretch of imag±uation, that ! could divorce myself from this issue would be to leave the insurance business, which I have no intention of doing, and I do not feel that action of that type is a prerequisite to my adequately serving the City as a duly elected member of Council. Thank you for your indulgences" -17- MINUTES - REGUI~R CITY COUNCIL ~ETING BOYNTON BEACH, FLORZDA F~RCH 15, 1977 ~. Strnad replied that as the chief accuser, he must say N~. Caldwell did disassociate himself from this particular item, but too late. As soon as he became a Co~ucilm~u, he should have dis~associated himself with any business which would involve his insurance company with the City of Boynton Beach. Feasibilit~ Study on Full Time Cit~ Attorney ~r. Kohl refer~ed to budget reports for the City Attorne~ dePartments of West Palm-Beach, Delray Beach and Lake Worth an~ read the ~ollowing recapitulatio~s~f these departments: City West Palm Beach Delray Beach Lake Worth City Attorney Full Time Part Time (15 hrs/wk) Part Time uaget 76/77 $101,865 $ 70,850 He stated that it 4_.~ obvious to him that to begin a full time law office for the City of Boynton Beach would appear to be prohibitive and would certainly entail quite an ini- tial capital outlsy to equip this office with a l~w library, office furniture and supplies, as well as salaries for a staff. If additional information is required to assist you in this matter, please advise. Mayor Zack replied that he thought this was enough i~forma- tion and they must consider how long they will keep a City Attorney with the Councils changing. Mrs. Jackson added that since she asked for this, she is very well satisfied. She thinks things are going smoothly as they are now. M~. Strnad asked if an advertisement had been placed in newspapers requesting a full time attorney for the City as part of the study and M~. Kohl replied that he was not re- quested to do this. Mr. Strnad remarked that they should look at all avenues and the study should not have been done without doing this. Mrs. Jackson disagreed and Mayor Zack clarified that N~. Strnad was referring to the municipal ~agazine they receive every month with advertisements, lZ~s. Jackson replied that she knows cities are advertising, but the pay they are giving is way higher than what we are pay- lng. Mr. Strnad replied that he knew this to begin with. M~. Kohl added that they must also consider the office, equipment, books, secretary, etc. ¥~s. Padgett informed the Council that ~. Johnson had requested to speak on this item. Mr. Ron Johnson stated his name and his address as 505 N. W. 7th Street. He ad- vised that he just wanted to ask a couple question~. He asked when the survey was made a~ud M~. Kohl informed him -18- MINUTES - REGULAR CITT COUNCIL ~ETING BOYNTON BEACH, FLORIDA M~RCH 15, 1977 it was made within the east few weeks. Mr. Johnson questioned who mm. de it and l~m. Koh~ informed him that he had his secre~ tary call the three cities mentioned and they forwarded bud- gets for each one of the cities. He has them in writLug. Mr. Johnson asked if they contacted ~_uy attorneys themselves in reference to a full time basis and if they had any figures on a'part time basis. In reply, Nm. Kohl read the i~ormation from Delray Beach for an attorney for 15 hours per week. Mr. Johnson continued that he discussed this with two Drominent attorneys and they are asking $40,000. Mr. Kohl replied that $40,000 was the salary alone. ~&r. Johnson informed them there would not be extra costs for court, etc. and Mrs. Jackson replied that there were no extra co~ts now. Mr. M~ore asd~ed what p~omime~t attorneys he was referring to and Nm. Johnson replied that he preferred not to mention them as it is not within his authority to hire them. M~s. Jackson referred to the' extra costs mentioned and stated that the City previously had a City Attorney with a flat rate, the same as M~. Moore, and not near $40,000. Mr. Johnson agreed, ~ut added they had to hire separate attorneys to handle cer- t ' aln cases. Mrs, Jackso~ replied that ~. ~imon di~ all the cases himself and Mr. Johnson asked about tko case in Texas? Mms. Jackson said ~he forEet about this~, but it was cheaper to do it that way than send Mr. Simo~ there ~ud ~y his ex- penses. Mr. Johnson then referred to the statements previously re- garding the political thing between Nm. Caldwell and Mr. Strnad ~ud stated he would like to clear this up since he started the petition to stop Rinker from buildLug a plant. There has been some politics involved, but it boils down to the people themselves and what is right for them. He is mot against either Councilman. ~e hopes they can solve this. This was supposedly a tabled motion and not'to be discussed. There were items on the agenda tonight listed as tabled, yet they were d_scussed and vote~ on and possibly the same thu~ug happened with the R~ker case, Mrs. JacP~0~ informed him that the City Council ha~ no intentions of ~iscussing Rinker that night and it was not on the agenda. ~e asked if the people wanted it tabled ~ud they said no. ~r. Galdwell added that the information was in t~e Minutes Book under ~Other" and it was suggested that it be brought up at a special meet- ing. However, when a special meeting is called, the only topics to be discussed ~ud voted on are those subjects which the meeting was specifically c~lled for. MaYor Zack agreed this was discussed under ~,Othef~ ~ud stated this is completely wrong even though they have be~n doing it for years. Nothing should be added on at a specia~ meeting. Mr. Johnson stated he was concerned in getting the main Dolitical thing out in front. The main thing he is concerned with is to win this case. He hopes they can stick together MINUTES - REGUL~R CITY CO~NC!L MEETING BOYNTON BEACH, FLORIDA ~RCH 15, 1977 and win it. ~. Caldwell replied that he concurred whole- heartedly. They have tried to work together. It was his intention and remains his intention to remove p01i~icm from these issues. M~. Johnson replied that they must remove the politics part and consider the main issue, which is the right Of the people. Mrs. ~ackson stated she did not k~ow there were two sides to the Rinker case. The council has gone on record unanimously to see what they could do about Rinker. However, there is no law suit~ Mr. Johnson agreed. N~r~ Johnson then requested that the feasibility stud~ for a f~ll time or p~t time attorney Be tabled for further infor- matio~ he is obtaining. Mrs. Jackson replied that she asked to have this done beca~e Mr. Moore has bee~ sitting in until the feasibility study was made. She is hoping Mr. Moore will staY on because they have been receiving good feedback from him with rapid responses. He has submitted it in writing what he will do for the Gity~ Mr. Johnson stated he wa~ con- ~erned that ~.~. Moore should not be a policy maker. Mr. DeMarco referred to re~ie~wing the costs and stated the people did not elect him to see how much money could be spent. He feels Mr. Moore is doing a fine job at a fine figure and he thinks they should continue with Er. Moore. Report on ~ommercial Laundries Mr. Kohl stated that as the Council knew, he ~ud ~ir. Moore received subpoenas to appear in court on Monday, l~m~rch 7, ~977, at which time Judge MacMillan dismissed the case. If Council would like to specify a change in rates for com- mercial launderies of $.79 per 1000 gallons on sewerage, which is the same amount charged by Riviera Beach, please direct the City Attorney to prepare the appropriate ordi- nance for this change. This is subject to Russell & Axon's report which we are supposed to receive and if the report says something different, we can change accordingly. This is what we had planned ~o recommend prior to the receipt of the subpoenas this past Monday. May he have Council's wishes on this matter please. Mr. De¥~rco moved to table this until a further study is re- ceived, inasmuch as Russell & Axon is in the process of re- viewing all the rates such as car washes, etc. Mr. Caldwell seconded the motion. Under discussion, Mrs. Jackson remarked there was no sense in going through the whole thing twice. Motion carried 5-0. M~. Kohl informed the Council that it might be a month or two months before the report is received. ~s. Jackson made a motion to delete this from the agenda, seconded by ~. Caldwell. Motion carried 5-0. -20- MINUTES - REGULAR CITT COUNCIL MEETING BOYNTON BEACH, FLORIDA M~RCH 15, 1977 City Manager,s .Report on Survey - Re: Intracoastal Brid~. Mr. Koh~ announced the follow~ results on the straw ballet rege~ding the tntracoastal Bridge: Alternate Location A, Ea~ Ocea~ Avenue Fixed Bridge - 888 Movable Bridge - 328 A Only 121 Alternate Lo~tion B, 1~. E. 2nd Avenue Fixed Bridge 526 Movable Bridge 43 B Only ~ ~0 ~'~yor Zack suggested that this information be sent to DOT See ~nd let them follow through. Mrs. Jackson made a motion to Council for~vard all the coupons and results to DOT. Mr. Kohl re- Minutes of marked that he knew they would be glad to receive them. Mr. 4/5/77 Caldwell seconded the motion. Under discussion, Mrs. Jackson referred to the hearings held by DOT and stated she knows by law they must have the hearings, but from her experience, they do whatever they want even though they listen. She knows the Council,s word will not Carry much weight, hut possibly these eoupons may carry some weight. Mr. DeF~rco asked if they would send a certified copy instead of the ballots and Mr. Kohl informed him he would send the ballots. Motion carried 5-0. F~. Caldwell then made a motion that the City of Boynton Beach draft a resolution reaffirming the peoples' choice for a fixed span at 2nd Avenue., Mrs. Jackson seconded the motion. Under discussion, Mr. Moore stated that from his recollection, the representative from DOT said they would not go with a 65 ft. spa~ and Mr. Caldwell questioned why they presented it then. Mr. Moore replied that he thin~ they chs~uged their m~d as a result of the hearing. Motion carried 5-0. Discuss Honsin$ Authority (Tabled) Mrs. Jackson moved to take this from the table, seconded by ~r. DeMarco. Motion carried 5-0. Mr. Moore referred to being requested to look into the in- volvement of the City regarding public housing under the Florida Statutes and stated that he questions whether they had a full enough indepth investigation as to what they are getting into as a governing body. He explained how it had come to light that they had created an autonomous body. With that in mind, there is the question whether they want to reconsider or re-evaluate the position they are in. -21- MINUTES - REGULAR CITT C0~CIL ~ETING BOYNTON BEACH, FLORIDA M~ROH 15, 1977 Mr. Moore continued that there certainly is a need for hous- ing here, but the question is whether they want to pursue the housing problem through this particular vehicle or look for another program. ~rs. Jackson stated that at the time it came up, they thought the County was going to be handling the whole thing. She certainly feels they have done a dis- service by appointing the Board. She does not feel they are ready for it yet. They appointed a committee to look into whether we really needed it. Mayor Zack stated that they did receive a letter from ~: Johnso~ in regards to a number of people applying for subsidies. He believes the people under Social Security are ~igible for it. Mr. Moore stated that he understood that the local Housing Authority _has entered into an agreement with the County to perform all functions and Mr. Kohl agreed. Mrs. Padgett informed the Council that Mr. Charles Johnson had requested to speak. Mr. Charles Jshnson stated~his name and his address ~s 25 Colonial Elub Drive. He advised that he wa~ Chairmam of the Boy~ton Beach Housing Authority. He told abomt his experience of being involved with another city for over 25 years in the rebuilding of the City. ~ne City Council recently created a Housing Authority, but at the last meeti~ g, there was discussion relative to the disbanding of this Authority. Under the Florida State Law, this appears to be illegal1 because the members were appointed and there are r~les and regulations regarding the dismissal of members. He hopes they tsd~e immediate action to clear up this matter. He hopes they_ consider the needs of the City. Can ~yo~ ~eny the retired citizens of B0ynton Beach, who ~ave wor~ed a lifetime ,and~ are living am adequate pensions and are low income fsm~ilies, the rights ~hat other cities surrounding us have and throughout the nation are giving to their people? C. an ~ ignore the fact that we hav~ blighted neighborho,ds in Bo~ynton~ Beach? How ca~ we provide decent housin~g wi%hout outside aid? He ~ sure khe City does not have suxficient funding, it~ is nice to creat~ new parks and recreatibn ~easl, but this is. a growbh City and now is the time for actiom. They have only to leek at cities throUghout the nation which have been devms~ated because legislative bodies failed te cope. He hopes they have the f~resi~ght to make Boynton Beach a better place to live, play and work. Mayor Zack referred to his letter stating they have received over 100 applications and asked if he solicited these people or if they came to us? Mr. Johnson informed him this was a different type of Authority than in Delray Beach. The mem- bers are not paid anything. They have made an agreement with the West P~lm Beach Hous~g Authority and they do the work ~ud come %o our meetings. They h~Ve private funds from people wanting to build low cosb ~ousing in Boynton Beach. It is quits fortunate to get this. Before they hardly started, -22- MINUTES - REGULAR CITY COUNCIL MEETING BOYh~ON BEACH, FLORIDA M~CH 15, 1977 100 people started applying for rent supplements. These ap- plications have been approved or are in the stages of being approved. With the rent supplement program, the rent is paid to the landlord and the ls~dlord must keep up the property. This is a better program rather than building housing pro- jects. ~ Mr. Johnson stated that in reference to the Palm Beach County Housing Authority tslling them what to do, this is not so as the City crea~ted a Housing Authority and we can approve or disapprove suggestions and make a study of the housing needs in Boynton Beach and request the Palm Beach County Housing Authority to obtain funds.~ Mayor Zack asked if people on Social Security were eligible and Mm. Johnson explained how they were depending on the ranges of income. Mr. DeMarco asked if they were doing a repetition of what the County is doing and Mr. Johnson replied: no because the County is not doing anything in Boynton Beach. ~. De~co asked if there had to be an agreement and Me. Johnson replied that the City of Boynton Beach has to create an Authority. Mr. DeM~nrco asked if this was legal and M~. Moore replied that the Statute provides for it. Mr. Moore then stated that Mr. Johnson was trying to keep politics out of it s_nd asked if he was saying they were an autonomous body and Mr. Johnson replied that they c~nnot spend any money, but must go to the City Council and City Nmnager. They will Rot spend any money. They will work with the City of Boynton Beach. Mm. Moore referred to the problems with the Delray Beach and Riviera Beach Housing Authorities ~ud ~r. Johnson informed him that these were Authorities with paid workers. Mm. Moore informed him that the Boynton Beach Housing Authority had the auth~mity to do this under the Statute and could be paid salaries and Mr. Johnson replied they could not, not unless the Council creates an Authority of that type. Mr. Moore questioned the difference and Me. Johnson replied that the members were not paid. F~. Moore stated that they could vote themselves salaries and Mr. Johnson replied that they could not. He continued that they would only have money if there was income and he referred to Delray BeaCh having a big project and they will receive income. Delray Beach has a secretary, executive director and staff to run the Housing Authority and they get salaries. We are operating at prac- tically no cost to the City of Boynton Beach, except for the Cost of mailing out the minutes. We were told we could get travel expenses to attend workshop meetings. -23- MINUTES - R~GULAR CiTY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~tRCH 15, 1977 Mr. DeMarco stated that they have too many members on the Board if the old members are still on it and they have ap- pointed new members also. Mr. Johnson clarified that they should have been appointed for terms of office aceording to the Statute. M~. Moore stated that he was not £amiliar with the background, but the Statute provides if a resolution is adopted creating a Housing Authority, it is to be filled with members according to ~staggered terms according to the Statute. Mayor Za~k read the ~atute~ ~. Johnson informed them that at the last m~eting of the Authority members from the old committee ~ud new committee were present and they all agreed it is important to have a Housing Authority. Mr. Moore asked how ma~y were appointed and Mro Johnson replied: n~e, five previously and four new. Mrs~ Jackson re£erred to the state- ment that it was not right to appoint someone £or longer than the terms of the Co~ncil's offices and Mr. Moore clarified that thi~ was for appointees-, ~t this Authority is covered by specific stmtutory author~zatiamo ~. Caldwell asked if the Authority had the power to physi- cally locate where low¢ost housing is going to go and Mr. Johnson replied that they must apply for mcr_lng, etc. and the City m~d~es an agreement f~r the taxes. M~. Caldwell asked where the bulEkof the m~ney comes from and ~. Johnson replied: State funds and crea~ed by projects they build. Mr. Cal~well asked if the City was liable for any l~ng term debt oblmgations created by th~ H0msing A~thority and Mr. Johnson replied that he would have to look into this. He stressed that they must work with the 8i~ and they are a recommend- ing body only. Mr. Caldwell asked if the Housing Authority had the power ~o issue bond issues and ~z~. Johnson replied that he would ~ave to check i~to this f~ther. Mr. Caldwell explained how this was one of the primary considerations and he is concerned as to who is ultimately responsible for the p~vment of the bond. Mayor Zack replied that he did not think the City would be ~volVed since it is private enter- prise. Mr. Caldwell pointed out that the City formulated the Housing Authority s_u~ he would.like to know where the responsmb_lmty lmes for t~e PaYment of bondeG mndebtedness. Mr. Jonnson replmed that ShroU~h hms expermence, ~t ms brought to the people and City Councit~and they get approval of the lo. cations it mus% be supported by the City. There was fur- ther discussion about this. ~. Moore stated he thought many questions would be &nswered if copies of the legislation creating this Board were distri- buted to the Council members. He thin~ the City Manager,s a~ud his recommendation is for the City Council to review that particular Statute. They mo~t determine if this is the vehi- cle they desire to use. Mrs. Jack, on asked if this Board was going to continue ~d ~. Moore replied that ~ir. Johnson wanted guidance where they are going. M~. Johnson informed them that the Executive Director of the Nest Palm Beach -24- MINUTES - REGULAR CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA MARCH 15:1977 Housing Authority has offered to come before the City Coun- cil to answer any questions. Also~ they have an attorney and he~ would be glad to work with the City Attorney. ~. Johnson informed them that at the present time, people were being held up in the rent supplement program and the longer they wait, it may be taken from them. Mr. DeMarco asked if any units were available for these 100 people and Mr. Johnson informed him that the applications were being investigated by the County. Mr. DeMarco asked if there were such facilities ~nd F~. Johnson informed him that West Palm Beach planned to put a staff~ two days a week in City Hall. They then discussed the monthly figure for the rent supplement. Mayor Zack suggested not prolonging this and stated he would t~rn information over to the City M~na$~er and Cit~ Attorney for a definite report. F~. Moore suggested that oefore any committments are made by the Board, the Council should read the law. It is relatively clear what powers and authority this Board has. He thinks the appointment of this Board came about at the insistence of a private developer regard- ing rent subsidy. Mr. Johnson agreed there was private money interested in this. Mayor Zack ~dded that he would also give copies of the information he has to the Council members. ~s. Jackson suggested everything remaining status quo with this Board and Mr. Johnson replied that they would have to stop the rent supplements. Mr. Kohl suggested that he contact Mm. Barry Seaman and re- quest him to be present at the workshop meeting when the Council plans to discuss the authority of the Boards. The Council members agreed and ~s. Jacksom suggested heaving a special meeting so they could tsZ~e action instead of a work- shop meeting. Rescind Motion of March 3, 1977 Meeting - Re: Regional Pleat Agreement - Councilman Joseph DeMarco }@. DeMarco referred to ~iscussing this motion at the Regional Board meeting and being advised it was ou~ o~ order. He then made a motion to rescind the previous motion~to rescind the agreement. M~s. Jackson seconded the motion. Under discus- s~on, ~s. Jackson stated if this was not rescinded, it could affect the bond rating and jeopardize the standing with DER and EPA. She feels very definitely they would have to re- scind this. Mayor Zack stated he thought the City Attorney was in agreement and ~. Moore stated if they read ~. Mariott's response to ~s. Jackson's questions, it states where Delray Beach sta~uds. Mr. DeMarco added that he thinks it lets Delray Beach know that we are in a position where we will be hard to deal with. Motion carried 5-0. -25- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA M~d~CH 15, 1977 N~N BUS INESS Receipt of Correspondence from City of Boca Raton - Re: County Dru~ Abuse Foundation Rem. L. Edward ~ollenweber appeared before the Council and ex- tended greetings to them from Mr. Framk Cagey, President of the Sou~th County Drug Abase Foumdatio~ ~u~ Ch~rma~ of the BeLvay Eeac~ Plamming & Zo~ing C~mm.~ ssio~. He advised they were =equesting the amoum~ sC $8,~000. T~ i~sue is going to mo~ rather quickly and= it i~ a questiom of dollars, method of ~unding, etc.. the pro.em mmat he ~ealt wi th. and, advised South Reach. At and wilt not~ local share 1/3 from the Beach and Boca P~esenting the a re~n% Miami Herald article referred to were from the and i~ Bo~aten therapy The center The int~ gent!espn re- z-w mm, one oz the representatives, informed her that the Delray Beach city Council had givsm $2,500 and the Comm~u- ity Che~t of Delray ~each had given $6,~00. He added that they allocated $5,0~ for ~ug abuse. Ee a~o ~Cormed her ~at the City Co~eii Of BoCa ~ton has not ~ven a sortie ~ut have est~h!iShe~~ ~o ~r~-cond~t~ ~ ~- ~ . ' s, Ma~or lack referred to this center helping mostly younger centerPe°ple andan~ ~ke~d wha~t.w,o .~d happe~ if they didn,t have this · . uorwe±± zn~-ormed him that the majority were from 14 to 26 years old ~ud probably would wind up back on the streets doing thing~ illegally to maintain their drug ahmts. Mayor Zack added that they could also wind up in institutions and F~, Corwell agreed and told about his emoer- zence at the South Florida HOspital. - Mayor Mack announced he had checked with the Police Department and in 1976 there were 44 f~om Boynton Beach with 28 from July to December, 1976, and 16 for the other six months. The total for the Boynton Beach City limits was 44, or 22.8% are Boynton Beach residents~ as the totai was 193. Mrs. Jackson asked how much the County had given and Corwell informed her 5hey,we=e going before the County Com- mission for allocations next 'year, but it does not help this year. I~s. Jackson asked about this year and Mr. Corwell replied they were going before them next week. Mrs. Jackson clarified that they wanted Boynton Beach, Boca Raton and Del- ray Beach to pay for it at this time. -26- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ~RCH 15, 1 977 ;~. DeMarco asked if the City allocated money and Mm. Kohl re,~lied that they did for a couple years. Mr. Strnad added that they gave $6,000 in 1974. Mayor Zack stated that the amount requested would only take them to June and ~r. Corwell agreed and explained how it was figured on a percentage basis. Mrs. Jaekson told about talking to Rev. Woll~nweber and possi- bly if they couId ~se their revenue sharing, this could be where they could get the money. The money is not budgeted and the Contingency Fund is r~w~g thim. She then asked Mr. ~o0re if he had a chance to find out about this and Mr. Moore ~?plied ~hat he did not have the infgrmation now. He asked ne source of the .previous contribution and also if they tho~Eht revenue sharing would benneede~. He added that he could have an answe~ ~ef, ore the workshop meeting. ~. DeMarco clarifie~ that no mo~ey was budgeted this year and M~r. Strnad replied: no, but that he had requested it but it was turned down. He thinks this is important and these people need help. He th~ks they should find a place to get this money, as there is not that m~ch iuvol~ed. Mrs. Jacksom sta. ted that the City,s sh~re was $8,721. Mayor Zack asked what they would do with these 44 people if they were not in the drug abuse program and Mr. Corwell ex- plained how most would be dealing in illegal activities to maintain their drug habits.~ He told about receiving informa- tion from the Na~ie~_~l Institute of Drug Abuse estimating it costs $31,000 per year to maintain a dru~ habit. ~. Ca~welt stated that he knows a lot of the departments right now are at budget level at this time of year. He personally would like to see this Council allocate the full $8~721. Possibl~ the Finance Department could be directed to shave off every department if need be. The budget is in excess of 4.3 million dollars. When you stake up $8,700 vs. ~.~.million dollars~, there are areas where a few hundred o±±ars could be shaved. He added that he was willing to contribute part,of his salary. He told about drug problems affecting friends of his. He th~nks the presentation com- piled in the pamphlet distributed spells out only a tip of the i~e~erg involved. This is a City-wide and area-wide pro$1em~ They must, support it from. the local3~vel. Poli- tical leaders have been quoted as saying young people are our asset and these people m~stbe guided. Mr. ttrnad asked the City Manager how mmch was in Unappro- priated funds at this particular time and Mr. Kohl replied that he did not know as he does not have the financial statement. He added that he does not agree with Councilman Caldwell regarding how to get the money. He does not want to shave $200 here or there~ If they tell him to make the Contribution, he will get the money. Mr., ttrnad stated if Mr. Caldwell made this in the form of ~hmo~n, he would second. ~. Caldwell so moved, seconded by Mr. Strnad. -27 - MINUTES - REGUI~R CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1977 N~s. Jackson moved to table this until .Mr. Moore reports at the speeial meeting whether this can be taken from revenue sharing. .Mr. DeMarco seconded~ Under discussion, N~. DeNarco asked how long the money would last if Delray Beach a~d Boca Raton did not join in and Mr. Caldwell replied that somebody must take the leadership and s~ame them into it. They should ~uit worrying about what BocaRaton and Delray Beach are going to do~ ~rs. Padgett then took a roll call vote on the motion as follows~ Councilman DeMarco - Aye Vice Mayor Jackson - Aye ComncilmanEtrnad - No Councilman Caldwell - No Mayor Zack - No Motion failed 3-2. Ms. Moore stated that he understood the $8,721 was the City's share through Juue 30 and asked if they would come back again then and ~. Corwell replied that hopefully they would have more contributions and will go to the County Commission. He told about problezs with organization. Mr. Caldwell restated his original motion was to direct the City Manager to find in the present budget $8,721 to fund the Boynton Beach share for the Drug Abuse Program.. Mrs. Jackson added that if they find they can take it from revenue sharing, they will take i~ from there and l~. Cs~dwell agreed. Mr. Eohl informed them that the Federal Revenue Sharing was allo- cated exactly where the money will be spent amd they cannot fool around and spend it somewhere else. Mr. Moore added that he did not thi~k it was a proper source of funding. As re- quested, Mrs. Pmdgett took a roll call vote on the motion as follows: Vice Mayor Jackson - Yes Gouncilman Strnad - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Mayor Zack - Aye Motion carrie~ 5-0. ?. DMtNISTRATI~E Transfer of Funds _Mr. Kohl informed the Council that this was on the agenda the last time and was brought up under the approval of bills iu regards to Russell & Axon's cost of research and investigation on cost of the existing sewer plant. He would like approval to make this budget tra~usfer. Fms. Jackson so moved, seconded by Mr. DeMarco. No discussion. Motion carried 5-0. -28- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1977 Permits for ~olicitation: 1~· Boynton Beach Elementary School Parent-Teache~sA~soc. ~ 2. Arthritis Foundation - West P~ Beach ~. Kohl read the permit applications and requested approval. F~s. Jackson moved for approval, seconded by Mr. DeMarcoo Po discussion.. Motion carried 5-0. ~pproval of Bills N~.~ Eohl read the following bills for approval: 1. Timothy p. McCart~ Attorney forVil!8~e Royale per terms of stipulation Pay from budgeted funds 001-814.18 2. Palm Beach Dodge~ Ine. 5 Police Cruiser~ Pay from budgeted funds 020-811 Bid accepted November 29, 1976 3. L. R. Roush Well Dr~]3jnK Wells at City Landfill Pay from Account 001-853.39 Authorized by City Manager 4. Keatts Truckin~ Service ~oader serVice at City Landfill Pay from budgeted funds 001-853,38 5. Allied Chlorine & Chemical Prodnctn '~hlorine for water plant Pay from budgeted funds 030-811.63 6. General Electric Supply Floodlight fixtures, lamps and mounting at Pence Park Pay from budgeted funds 020-855 Bid accepted December 14, 1976 7. Palm Beach Um~ior College Tuition for Police Career Development ~Intermediate- Payfrom Police Education Fund 001-507 Ordinance #74-35, Section 2-10, 8. Gersch & Bramucki Est. #6 Water Distribution Bldg. and ~arehouse Pay from Utility General Fund 030-205 Contract dated July 26, 1976 22,050.00 3,2,40.60 1,075.00 1,086.00 4,115.10 40.00 5o,584.5o -29- MINUTES - REGULAR CITY COUNCIL ~ETING EOYETON BEACH, FLORIDA MARCH 15, 1977 ~tercounty Construction Corp. Est. #6 $ 171,372.63 Water Treatment Plant Expansion Pay from Atlantic National BazLk t975A Series Contract dated July 9, 1976 10. I. B. M. Corporation Gemputer rental - month of M~rch Pay from h~dgeted f%tnds 001-890.38 2,967.00 11. Dixie Asphalt 29,146.80 Street Improvements as follows: S.E. 3rd Street Spec. Assess. 8,949.00 Beach Parking 001-854.90 13,O09.80 Wastewa~er Treatment 030-215 7,188.00 Bid of September t4, 1976 12. Isiah Andrews Driver for Senior Citizens Club - 2 weeks Pay from budgeted funds 020-880 Ordinance #73-15, passed 5/15/73 110.00 13. Willie Ruth McGrady Der~er for Senior Citizens Club - 2 weeks Pay from budgeted funds 020-880 ~ Ordinance #73-15, passed 5/15/73 96.00 Nr. Kohl advised that the bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance~partment; funds are available in their respective budgets. He recommends payment of these bills. Mrs. Jackso~n referred to No. 11 and asked if this paving was done at the Wastewater Treatment Plant where the trucks are going over it and Mr. Kohl informed her this was done at the Sewer Plant. M~s. Jackson moved to pay the bills, seconded by Mr. DeMarco. discussion. Motion carried 5-0. Mrs. Jackson referred to Items t2 and 13 and advised that she has found out that only 19 people are taking advantage of this. However, many people in town have tried to find some way to get meals to people who are not. ab~t to get out to get meals. She referred to ~. Kohl being in contact with a man and she would like to suggest that they have Mr. Kohl look into some way to get meals on wheels for the people who are shut-ins. Mr. Kohl informed her that he had set up a meeting wit~ M~. L~ons of Gulfstream 8enior Citizens and he will take care of this an~meport back to the Council. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 15, 1977 OTHER Mr. Kohl referred to the Comncil giving him permission for the Police and Fire Department to use the utilities addresses and advised that he would like a little leeway such as for the Lions to send out seals as this is a worthy organization. ~ayor Zack replied that he thought it was a good idea for charitable purposes only and ~m. Kohl agreed and added that he refuses this to people for sales. ~. De~mrco moved that this oermissien be anted for ~ . ~. ~ gr charitable purposes only in addition to the Police aud Fire Departments~ ~so Jackson seconded the motion. No discussion. Motion carried 5-0. ..ADJOURNMENT ATTEST: Mrs. Jackss~ moved to adjourn, seconded by Mr. DeM~rco. Motion carried 5-0 and the meeting was properly adjourned at 10:30 P. M. CITY OF BOYNTON BEACH, FLORIDA ~ouncil Me mb e~f-- City Clerk Re cordiug Secretary (Three Tapes) -31-