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Minutes 02-15-77MINUTES OF REGULAR CITY COUNCIL MEETING OF THE CITY O~ BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, TUESDAY, FEBRUARY 15, 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 ~anager Tereesa Padgett, City Clerk Gene Moore, City Attorney Mayor Zack called the meeting to order at 7:30 P. M. and requested everyone ~o rise at the sound of the gavel for the Invocatio~ thegiVen by Mr~ Fra~kEohl, City Manager, followed by Pledge o£ Allegiance to the Flag led by Councilman Joseph DeMarco. Announcements Mayor Back requested anyone in the audience desiring to speak to please step forward and give their name to Mrs. Padgett and the City Clerk will call upon them at the appro- priate time. Mayor Zack announced the following additions to the Agenda: II. MINUTES - E. Special City Council Meeting - February 11, 1977 VII. O~D BUSINESS - E. List of Payments - IX. ADMINISTRAT~JE - t. 13. Vice M~yor Emily M. Jackson Approval of Bills - Carr Soil & Sod - $1,420.00 N~yor Zack read a Proclamation proclaiming the weekend of March 5 and 6, 1977, as Festival of the Arts Weekend. Mayor Zack announced that City Hall would be closed on Mon- day, February 21, 1977, in observance of Washington,s Birth- day. Regular City Council Meetin~ - February 1~ 1977 Mr. DeMarco, Mr. Strnad and ~. Caldwell replied that had nothing. they F~s. Jackson referred to Page 5, very top line, and requested that Wgave" be inserted after ~also~. She referred to Ps. ge 17, last paragraph, second line, and requested it be "years" (plural). She referred to Page 25 and stated it should be Resolution ~?7-G~ to show what resolution was read at the Legislative Delegation. She referred to Page 28, fourth line down, and stated that it should say: she met everyone in every department. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1977 Mayor Zack referred to Page 17, third line, and advised that· it should be 110 ft. right-of-way~ ~. DeMarco moved to approve the minutes as corrected, seconded by Mrs. Jackson. Motion carried 5-0. Special Cit~ Council Meetin~ - February 8, 1977 Mr. DeMarco and Mr. Strnad stated they had nothing. NE. Caldwell stated he was curious to know why there was no re~erence made to Councilman Strnad's statements regardiRg the members of this Council trying to pull a coverup and this was completely eliminate~ He feels the tape should be researched and the comments should be entered to express the feelings of the Council. Mr. Kohl replied that this would be taken care of~ (This Dart is ~ttached and was typed from the tape. ) Mrs. Jackson referred to Page 5, sixth line, and stated that abstaining shouldb~e having to disqualify themselves. She requested that "with the exception of" he crossed off and state: ~Mr. Stanley Weaver has served on that Board seven years ago". She referred to Page 7, next to last paragraph, three l~ues up from bottom, should say: "with Mr. ~. Paul $coggins as alternate~o Sh~ ~eferred to Page 8, under Cardiac Cooperative Tas~ For~e, she said since they only have one more meeting, she suggested there would be no need for this to continue, ghe re£erred to Page 10, fourth para- graph, and stated that they had been tal~n~ ~--~ hut did not clarify there were only 12 and it Should say this after Stanley Weaver. She referred to Page 14, nine lines up, and advised it shoul~ be "officers" and not She referred to Page 17, f~s,t, ,p,,aragraph, nine lines up, and siated she did not know what it was referring to in the statement of it is aware Of soys for construction of i-95. She referred to Page 22, s$con, d p~ar ~a~aph, ten lines down, and advised that it should be. Florida LeEi$1ature. Mayor Zack asked if any listed on Page 10 in regards to the ~2 names were employed by the City and Mrs. Jackson replied that Mr. & Mrs. Kitten were listed and they had been counted, hut were placed on another board~ Mayor Zack e~ked if there was anybody in this group employed by the City and Mr. ~Kohl replied: yes, part time. Mayor zack asked if he was eligible to ser~e and Mr. Kohl replied: no. Mr. Strnad questioned who it was and N~. Kohl replied: Leon Smiles. Mrs. Jackson moved that the minutes be accepted as corrected, seconded by Mr. Caldwell~ Motion carried 5-0. -2- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1977 Special City Council Meetin~ - February 9~ 197~ All the Council members stated they had nothing. Mr. DeMarce moved to accept the minutes as written, seconded by Mrs. Jackson. Motion c~ried 5-0. Special Cit~Council Meetin$ - February lC, 1977 ¥~. DeMarco stated he had nothing. Mr. £trnad referred to Page 5, last paragraph, and stated he thought it was an erromeous statement by Mr. DeMarce to hire Mr. Moore. He'thinks it should be stricken from the record. Mr. DeMarco replied that he clarified this statement below it. Mr. Strnad continued that on the second sentence of the last paragraph, it should be ~if"inst~ad of nit-. Mrs° Jackson stated she did not understaud the statement in referenee to hiring Mr. Moore and ~. Caldwell agreed he was also not clear on it. Mr. DeMarco informed them that the last sentence clarifies itc Mr. Strnad stated that a suggestion is uot a motion and this is highly irregular to have this in there. Mrs. Jackson clarified that it was made as a motion, but was taken Back because Mr. Moore was already hired. Mr. Caldwell and Mrs. Jackson stated they had nothing. ~s. Jackson moved to accept the Minutes of February 10, seconded hy N~r. DeMarco. Motion carried 5-O. ~pecial City Council Meetin$ - February 11, 1977 Mr. DeMarco, ~. Etrnad and ~s. Jackson stated they had ~othing. Me. Caldwell stated that inasmuch as he was absent due to business, he must abstain. M~. DeMarco moved to approve the minutes as presented, seconded by Mrs. Jackson. Motion carried 4-0 with Mr. Caldwell abstaining. PUBLIC AUDIENCE Mayor Zack asked if anyone desired to speak to the Council. Mr. Dubin stated his name and his address as 230 N. E. 265h Avenue. He informed the Council that he has lived here for four years and has attended every Council meeting whenever he could, which has ~een many. In all the four years, he never heard what he heard here from an attorney calling an individual practically a liar. All of the 0ouncil members sat there and condoned it. Nobody tried to stop the City Attorney. Did they screen this man when they hired him? He told about Deing the head of a union and when they hired -3- MrNUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1977 lawyers, they told them what their duties were. How did the Council hire this man and not tell him what his duties are? The people elected the Council members and not the City At- torney. He has the nerve to say he does not want this case and that case. They are all in the same boat and do not have th~ guts of a jelly fish. They must screen a mam when they hire him. They should net bring him in and have him insult the people. This isnonly the first month and there are two cases he won't taken If the Council members don,t change their minds, he is personally going out to the people to tell them what is going on. They must tell the City At- torney what ~s job is. If he doesn't want to do his job, they should get rid of him. The people won't stand for this nonsense. Mayor Zack replied that this was no different this year than it was previous years~and he explained hew previous attorneys had carried on. ~. Caldwell continued that he believes most of this refers~ewas made to the Village Royale 6n the Green case and ~. Dubin replied: no, not in particular. Mr. Caldwell continued that in the case of Village Royale, it is his opinion that previous to the phasing out of the municipal courts, the City had on their payrolls a City At- torneyaswell as a City ProseCutor. The City no longer has a City Prosecutor. The ~ob description for the City Attorney .is to render legal judgements, give legal:opinions and handle civil cases in court. Village Royale is a erim~_qaal ease and does not fall in the job description for ~he City Attorney. He thinks Mr. Moore was within his rights to decline the case. Mr. Joseph Aranow stated his name and his address as 2520 N. E. 1st Court. He informed the Council that he is the re- presentative and only representative from the Village Royale on the Green Owners League to this City Council. He resents Mr. Caldwell bringing up Village Royale when Mr. Dubin made no mention to it at all. If Village Royale is supposed to be a stepchild, he wants them to kuow there are 1,600 people there who are citizens of Boy~ton Beach and who are entitled to consideration, the same as any other people in Boynton Beach. If they don't get consideration, they will continue to complain. He referred to Mr. Caldwell saying he thought ~. Moore was being ~_~ to take care of these eases and he thought it was in his retainer.. If he doesn,t read the re- tainer, it is his fault. It is up to him to see that the re- tainer does cover~ these things.. If he was fooled ~y not having in what he wanted to have, it is his mistake. This is a criminal case and not a civil case. Village ROYale have their own attorneys and have them represented an all civil matters. He referre~ to Mr. Moore advising the City that they had no business getting into this, but there is a law in this City stating the Building Official is the super- visor of how the Building Department should be run and it is -4- MINUTES - REGULAR CITY COU~NC!L MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1977 up to him to call the shots on any violations~m~d if not cor- rected to prosecute. These are laws on the books. Mr. Aranow co~i~ed ~with referring to Judge McIntosh citi~g the case of · overruled s~x mo~s ~t~r ~ he st~ll h~ not he~d one word stat~g this case w~ overr~ed. ~e ~pers submitted ~ ~. Ditt~ do ~ot mention the fact this case was over- ~led. If a j~dge ~de a mist~e, he shoul~ ~th the case bei~ overruled on which his decisio~ w~ b~ed. The people ~ Boynton Beach are entitled to have ~e judge ~ow the case w~ overr~le~. He still h~ not he~d one word about th~ fact. According to a ~w~er's ethics, when a law- yer ~ows a o~e ~ overruled ~th a judge ~ a mist~e, it i~ the duty of the attorney to ~form the judge the case w~ overrmled. Mr. Strnad stated in reference to this particular item, he would like to say it wouldhhave been nice and proper if the City Attorney had asked the Council if they minded if he declined to defend the City rather than sending a letter stating he wo~ld not handle this case. Mrs. Jackson replied that she believes Mr. Moore specifically did that and she was the one who insisted that he continue with it, ~ut evi- dently after thinking it over, he ch~uged his mind. Mr. Strnad clarified that Mr. Moore sent e letter to all the Council members stating he did not wish to represent us with this particular case. He think~ it would have been nice if the Council had been asked to relieve the City Attorney o~ his duty. Mrs. Jackson remarked that possibly they should have had another meeting on Saturday. Mr, Ron Johnson stated his name and his address as 1205 N. W. ?th ~treet. He stated there was one particular thing he would like to ask all the Council members. He referred to last Tuesday nisht when Mr. Aranow talked approximately 45 minutes and argued with Mr. Moore about ~, Bludworth t~_king this case free of charge and asked why he had to argue 45 minutes about this when all they had to do ~as call Mr. ~udwg~rth~ the~n, ext morming? Nobody did ~uything on the unc~±, ~ut zinally the City t~nager made the suggestion. Mr~ DeMarco replied that ~hey h~d to get the letter from Mr. Bludworth. He had spo~e~ ~ Mr. Ara~ow and requested the letter from Mr. Blud~o~th, ~ut they did not get it be- ~,a~.se_~Mr~ B~l.udw~orth ~as cms of town. Mr. Johnson clarified n.a~ ~ne~r ~'~na~s~ment.was tG wait until the next day and as.k M~.. Bludworth, ~hy did~,t ~$meone on the Co~ucil suggest th~s ~n~tead of ,wait~g for the ~ity Manager to? Why didn't s~ome.o~ne res~pon~d ~o. th~s i~stead of having M~. Aranow agruing xor 4D minutes-.,. ~ny cid ail of them sit there and not re- spond and why d~d the City ~&~uager suggest this to the Coun- cil members before it was '.acted o~? Mr. DeMarco replied that they did not have the letter. Mr. Johnson asked again MINUTES - REGUL~J~ CITY COUNCIL MEETING BOI~TON BEACH, FLORIDA FEBRUARY 15, 1977 someone didn't speak up without having ~. Aranow argue for 45 mimutes? He referred to Mr. Aranow stating that Mr. ~lUdworth would take the case. Why did they sit there that longand not respond to Mr. Aranow? Mayor Zack replied that they Were thankful to have a City Manager on the job. BIDS NONE PUBLIC HEARING NONE LEG~T~ .Ordinances - 2nd Readin~ - ~blic Hearing Proposed Ordinance No. 77-4 - Re: Ame~Ling Ordinance No. 75-19 by Rezoning Lots 21 & 22, Crestview S~bdivisionand Lots 3 thru 10 Inclusive, Robinson Addition from R-3 (Multiple Family Dwellin~ District) to C-3 (Community Commercial District) Mr. Moore read proposed Ordinance No. 77-4 on second reading by caption. ~4~yor Zack asked if anyone in the audience wished to speak in favor of this ordinance and received no response. He asked if anyone in the audience wished to speak in opposition to this ordinance and received no response. M~. Caldwell moved thadadoption of Ordinance No. 77-4 on second and final reading, seconded by Mrs. Jackson. Under discussion, Mayor Zack stated that prior to this ordinance, this area was strip zoned, but now for one building there it is making it spot zoning. Mrs. Padgett took a roll call vote on the motion as follows: Vice Mayor Jackson - Aye Councilman Strnad - No Councilman Caldwell - Aye Councilman DeMarco - Aye Mayor Zack - No Motion carried 3-2. R~solutions Proposed Resolution No. 77-K - Re: Approving Awarding of Bid for Construction of Water Distribution Main to Crabtree Construction Compan~ Mr. Moore read proposed Resolution No. 77-K. He referred to the bid fiEure being lower than the bid figure discussed and explained ~hat this was a result of negotiations. -6- ~IINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1977 Mrs. Jackson moved the adoption of Resolution No. 77-K and instructed the proper City officials to execute the contract. Mr. DeMarco seconded the motion. No discussion. Mrs. Padgett took a roll call vote as follows: Councilma~ Strnad - Aye Councilman Caldwell - Aye Councilman DeMarco - Aye Vice F~yor Jack, on - Aye Mayor Zack - Aye Motion carried 5-0. Other Consider Water SupDly Contract with Brin~ Breeze~-~ ~. Moore referred to copies of th&s contract being submitted to the Council and advised that it was a continuation of the contract which they have done for mamy years. He added that the Fire Chief had made some recommendations. He reviewed it and believes it is in satisfagtory condition. Mr. De~4arco moved to execute the contract with Briny Breezes, seconded by Mrs. Jackson. Under discussion, Mayor Zack asked hOW long they had had this contract and IEr. Kohl replied for many years and t~s. Jackson added possibly since before 1951. Mr. Kohl informed them that they also pay the 25%. Mrs. JaCkson asked if it was the same as previously and Mr. Moore re~lied: yes, e~cept the recommendation ~o m.a~_e a slight charge for fire hydrants. Mr. ~trnad asked mf there was an ~ca!at~ng clause if the rates go up in the City and ~. Mot~on~'h~' repliedcarriedthats_o.it would be at the City's rates plus 25%. Legal O~inion - Re: Commercial Laundrie~ Mr. Kohl J-n~ormed the Council that a request had been made to put this on the agenda, but if nobody is here to spea~for or against, it is up to the Council whether to-drop or delete this from the agenda. Mr. Mike ~olfson stated his name and his ad~aress as 310 N. F, doral Highway and informed the Council that he owns a laundry in Boynton Beach. He stated that they were taken from one category in this ordinance and put in another by order of the City Manager.~ They received letters on the sewer rates back in t975 and had been paying that rate for about a year and then the City Manager char~ed them, which increased their sewer rates 400%. They should remain Under the same category they were under in June, 1975. If the rates were raised because they are commercial laundries, then every washing maching which has a slot on it here in -7- MtA~UTES - REGULAR CITY COUNCIL MEETL~G BOYNTON BEACH, FLORIDA FEBRUARY 15, 1977 Boynton Beach shoul~ be considered a commercial venture. Everyone of these ventures should have an occupational license, the same as he does. Mr. Kohl informed him that the City Manager did not change th2~tes or make the rates. The rates are per ordinance and he quoted to the laundromat owners the charges they should be charged for. Ee then read the attached letter dated ~ugust 10 and memo dated October 5 from RUssell & Axon. M~r. ~olfsom referred to the statement not_ to d±fEerentiate between different classes andh~e says that a washing machine i~ a commercial laundry isn,t any different th~ machines with slots on them. M_~yor Zack asked what he was referring to and Mr. Wolfson replied that he was referring to the machines in condomi~iams. Mayor Za~k explained how Mr. W~lfson agreed, are putl~by commercial firms ~ere Lu ~oy~on Beach and come which are not in business from as far away as ~mi. Mayor Back i~formed him ~hat a majority of the condominiums bought their own machine~, a~d F~ .~ Wolfso~ agreed, but stated that ma~y have mach~nem ~rom busimesses in Niami or Fort La~derd~leo These businesses do ~ot have ~u~ o~cupational license nor pay the. sewe~ rates he does. Mrs. J~ckson stated that sh~een questioning this for severa~ years and has asked~B~miniums with coin laundries ~-~-h~-~e have ~u occupational license and she doe~n,t believe any of them do. She has questioned this, because if they are owned by commercial establishments in M~ami an~ they bring in P~&~ machines, it is a Business. ~ayor Zack suggeste~ turning this over to the City Manager £or him to check i~to these firms which are supplying machines. Mr. Wolfson stated that even ~f the condominiums ha~ bought their machines, they have slots on them and it is a commercial venture. Mr. DeMarco.asked how excessive Mr. Wolfson thought the rates in Boynton Beach were compared to other towns an~ Mr. Wolfson informed him that he has a laundry in Deerfield Beach and he pays 28¢ for a thousand gallons of water and pays ~00% of the water bill. In Boynton Beach, he pays 78¢ per a thousand gallons of water plus ~1.00 Der thousand for the sewer bill. Boynton Beach is close to three times as much as in Deerfield Beach or Delray Beach. Russell & Axon gave the rates for Lake Worth and Riviera Beach, but they did net ES far enough. Mayor Zack referred to the rates being bmsed on the indebted- ness. Mr. DeMarco questioned how much different were the rates to the condominiums and N~. Eohl replied that he did not know, but condominiums are not in the same class. He added that he could only go by the consulting engineers and Hough & Co. and he cannot change the bonds. See 3/1/7' Minutes, P. 2 -8- MINUTES - REGULAR CITY COUNCIL ~ETING FEBRUarY 15, 1977 BOYMTON BEACH, FLORIDA Mr. Strnad stated he was aware of this particular way of determining how much money these individual~ are going to p~y, but he thinks they are being solely penalized hy Being a business venture. He explained how 200 families would still put the same amount of water into the system even if they didn't use a commercial laundry. ~s. Jackson agreed that she thinks they have hurt the businessmen and explained how poodle had used the machines in condominiums when the rates went up and one laundromat even went out of business. Mayor Zack suggested turning this over te the City Manager for him to check out the occupational licenses of these firms supplying the machines. Nr. DeMarco so mc~ed, seconded by Mrs. Jackson. Motion carried 5-0. Mr. William E. Miller appeared before the Council and in- formed them that he owns a coin laundry at 111 N. E. lOth Avenue, which he has had for 10 to 12 years. Me referred to statements that coin laundries make a lot of money, but advised that one man is going out of business. He knows thmt~a cQmpany from TamDa is putting the machines into con- dominiums as he buys his machines from the same company. These companies do not have licenses. ~he~ he started his laundry, he could pay his help and buy food, but he will soon be like the laundries on 2nd Avenue. He does have an alternative though because he is black and can get food stamps. He is begging the Council tonight to do something as he w~uts to stay off welfare and make his own living. Once a month when he comes into City Hall to pmy his water hill of $300, they say here comes the fool. He has a laun- dry in Belle Glade and doesn't p~ near these rates. He ~alked to a woman in Sterling Village and they b~y their w~shers and divide the money. They have the same washers with the same slots as he does. He is paying more for water than he is for gas. He wishes the City would give some re- lief on the sewer rates. ~. Caldwell asked if it would be possible to clarify the commercial uses and explained. He thinks this would be the approach to takeffor water rates. Mr. Moore replied that he thought it would be certainly possible. Mrs. Jackson requested that not only the City Manager should look into this, but the City Attorney should also research this ~ Legal Opinion - Re: Especially Called Meetings - Vice ~L~yor _ Emily M. Jackson Mrs. Jackson requested an opinion from the City Attorney from Roberts Rules of Order and the City Charter regarding the way of calling a special meeting. Mr. Moore replied that the M~yor or three members of the Council could call a MINUTES - REGULAR. CITY.COUNCIL .MEETING FEBRUARY t5, 1977 BOYNTON BEACH, FLORIDA special meeting. Mrs. Jackson asked what it should specify and P~. Moore replied that any special meeting should deal only with the item or items for which it was called; it would be limited procedurely to what the meeting was called for. Mrs. Jackson questioned clarifying the vote and Mm. Moore informed her that he thought the dismmssion and debate should take place prior to taking the vote. He thinks going into an indepth debate or discussion ~ter taking the vote is out of order. M~aior Zack stated that at the last meeting, people referred to things on the agenda. In the past year, there was also the word mothers,, liSted which was so broad. I~ the parlia- mentary rules, it mentions that items should he specifically listed and should not be added on. This has beea going on for the past year with having meetings for one item and everything comes up and things are adde~ on. He agrees it should be for a specific purpese. This would automatically elimimate what .happened with Rinker. Also, on the regular a~end~ where "Others" is listed, it should be listed before wednesday noon. Mms. Jackson made a motion to call the news media when there is a special meeting, so they have ~ chance if possible to put it in the paper and if they can t, at least they know about it and can be here. She feels it is wrong just posting the notice on the bulletin~ board as someone could come in and right after they leave, the notice may be put up. Mayor Zack referred to these people having been called an~ Mr. Kohl informed him that they have been called sometimes, but it is not mandatory. ~.~s. Jackson added that she thought it was a courtesy to let them know. Mr. DeMarco then seconded the motion. Motion carried 5-0. I~. Strnad asked Nms. Jackson if she was in favor when they vote, they should not qualify their votes and Mrs. Jackson replied that she thought the rsason shouldbe given under discussion. OLD BUSINEss IntracoastalWaterwa7 Bridse - Mayor Joseph F. ZacW Mayor Zack referred to there being some controversy about this and suggested they conduct some sort of straw vote for citizen partici.pation. He would like to get some idea as to how the Council should go. He suggests that the ballot list the two alternates and their advantages and disadvantages, but not take a position. Mrs. Jackson agreed and suggested having a little coupon to be filled out and sent to the City ~lerktto be forwarded to D.O.T. Mayor Zack explained how he thought it would be a good idea to place such a ballot in The Shopper with a place for name, address and phone MINUTES - REGULAR CITY COUNCIL MEETING FEBRUARY 15, 1977 BOY~ON BEACH, FLORIDA ~umber and the three choices listed with one to be checked with their preference. He believes the notice should be run for two weeksaand it must make clear the advantages and dis- advantages. They should have a deadline, possibl~ a week after the second advertisement. He suggests placing the ad- vertisement in the February 23 and March 1 editions and ~ossi- bly having March 8 as the deadline. - N~s. Jackson moved to conduct a straw ballot per Mayor Zack's $ugg~stion. Mr. Caldwell referred to having a lot of seasonal residents at this time of year and he suggested amending the motion to limit it to the registered voters in tow~ to give the henefits to the people living in town. Mr. Moore sug- gested making it proper~y owners as some peoDle may not be registered. Mrs. Jackson agreed to incorporate registered vo~ers and/or property owners in the motion and Mr. DeMarco seconded. Motion carried 5-0. Mrs. Jackson made a motion to repeal Resolutio~ No. 75-SS and instruct the City Attorney to draw up a new resolution repealling it. She explained that this Resolution No. 75-S$ was signed to'follow the wishes of the Chamber of Commerce and ~ork ~owards having a high-rise bridge on 2nd AVenue. Mr. ~eMarco seconded the motion° No discussion. Motion car- ried 5-0. Mayor Eack referred to this ballot suggestion and asked what their opinions would be ~of doing the same thing in regards to Seacrest Blvd. Mrs. Jackson agreed this would also be a good idea. Mr. ReM~co made a motion to do this also. He added that he would also like to have a public hearing on it too. M~yor Zack replied that a public hearing would handle 200 people at the m~Lximum, but the ballot could represent 17,000 people. He added that a lot of people may not be a~le to attend the hearing. Mrs.~Jackson stated she t~ought they shoutdP~Cboth methods. Mayor Zack clarified that they would advertise for Seacrest Blvd., the same as for the bridge. Nfs. Jackson then seconded the motion. Under discussion, Mr. Caldweli ~equested that it be cls~ified for the people in the fact thatlif the mass majority is opposed to the four lanin of Seacre~t, this will disqualify them for D.O.T. funds. H~ would like all the facts brought to the people so they have a clear understanding of what is at stake. M~s. Jackson re- ferred to ~ther funds being available. Motion carried 5-0. Discuss Rinker Case - Councilman Norm~ F. Strnad Mr. Strnad stated in View of the recent two cases which the Council has been advised by their temporary attorney to set- tle without pursuing further in the courts, he has two pro- posals he would like Council to act on tonight. He thinks MINUTE~ - REGUL~R CITY COUNCIL MEETING FEBRUARY 15 1977 BOYNTON BEACN, FLORIDA ' it was & damaging thing in the first place to have this brought to the Council by their temporary attorney in writing to dis- m~ss these cases and settle with Rinker and Village Royale, I~c. At this time, he would like to ask the Council to con- sider replacing our present temporary attorney with our former permanent attorney, 9. Robert Reed, if he would accept the position. Mayor Zack ascertained there was no second to this as a motion. ~. Strnad continued that his second proposal is to replace Mr. Moore from representing the City of Boyaten Beach in the Rinker Materials Case. Mr. Caldwell seconded this motion for ~isc~ssion purposes. U~der discussion~ ~. Caldwetl re- ferred to Mr. Strnad asking for Mr. Moore not to handle the case and stated he thinks ~. Strnad has more in mind that he isn't prepared or willing to discuss at this ti~e. He would like to hear more about his remsons why Mr. Moore should be removed from handling the Rinker case. Mr. Strnad replied ~hat he thinks it is certainly evident in light of the letter received from N_r. Moore that he does not want to pursme this case and wants to settle. This is basis enough for him. Mrs° Jackson referred to this case being in~itigatio~ and stated they should not be making remarks like this and putting it in the recor~ and she moved to strike this from the agenda. Mr~ DsMarco stated that he voted to hire Mr. Moore and he will stick with Mr. Moore as he knows what he is doing~ They did not take his advice and they are pursuing this case because of the people~ ~e have made our decision a~d he will ~ote to keep Mr. Moore as their attorney~ Mr. Caldwell stated he believed Mr. Etrnad was referring to comments which were recom- mended prior to the Council,s stance on this particular issue. He has not seen correspondence from Mr. Moore since the Coun- cil decided t~ g~ to court on the Rinker case. He asked if Mr. Moore had made any comments a~out this? Mayor Zack re- plied that to the best of his knowledge, they had not received anything from the ~ity Attorney and he believes he is proceed- ing to file. N~. Moore informed the Council that he thought ~his discussion was premature. The status of this ~case is that the appellate court has reversed the decision of the l~wer court based on Rinker not exhausting municipal avenues° !~ is left up to Rinker to file to met up ~or trial. ~othing is being done to process th~ law suit ~mtil Rinker moves for- ward. Ee has not d~¢iined to handle this as Mr. Strnad led t~em bo believe. ~f they do not Want fair and honest advice ~eir attorney, they are in a sad ~a~e. If Mr. Strnad to take th~ advice of lay persons Lu matters as strong a~ this and induces the Council, that is up to the CounCil° However, if the peopleddo not like the advice he gave, they cmn go ou~ on their owm and see if there is another attorney who would agree to take this case., Mrs. Padgett informed the Council that several people had requested to speak on this matter. M~. Caldwell announced ~nasmuch as there were PeOplerreGuesting to speak, he would ask the maker of the mo~ion to ~ithdraw themmotion until the people are heard. He is withdrawing his second pending on hearing the people. Mr. Strnad then~ithdrew the motion. -12- See 3/1/77 Minutes, P. 2. MINUTES - REGULAR C:TY COUNCIL MEETING FEBRUARY 15, 1977 BOYNTON BEACH, FLORIDA ~. Ron Johnson stated his name and his address as 1205 N.W. 7th Street. He stated it was good the Council has a~ attor- .ney advising them how to voteomn a particular issue. There ts one thing beyond what this attorney says and that is that they must consider the taxpayers of this City. The taxpayers pay near salary and elected them. This must be considered above anything else. Mr.~ Johnson the: stated that the first thing he wanted to do was ad,ross questions to Mr. Moore~ On February 12, he called Mr. Moore's office asking for legal advice on the petition he was drawing up against Rinker and Mr. Moore agreed and stated that his reply to Mr. Johnson was that it was not part of his job description to assist every citizen that calls him. Mr. Johnson stated that he is representing the people of Boynton Beach; he is paid $25,000. Rinker is just a amall percentage and do net live here. Mr.. Moore replied that as taxpayers of the City, R:~ker has the same rights as the people. Mr. Johnson replied that he did not entirely agr~e~ Mr~ Johnson asked Mr. Moore if he remembered a~y otherdiscuseion from this phone call and Mr. Moore replied that he did not remem- ber and referred to receiviog many calls~ Mr. Johmson asked if he remembered his reference to having people involved in this petition and Mr. Moore questioned the purpose:~f this inierroEatie:. He thirsts Mr. Johnson sai~ 5,~000 oeople, hut why doe~n,t he edit it out and get to it? - Mr. Johnsoh continued that he tried to get in touch with Rinker,s attorneys both Wednesday and Thursday. He tried to get someone to speak to him or return his phone call, but they would do neither. Fifteen ~utes after talking to Mr. Moore, he got a message to call ~inker,s attorneys in~:iami an~ they had agreed to meet with us and discuss it with us. Why all of a sudden were they going to meet with ~s and dis- cuss this? Mr. Moore asked if he was serious in his impli- cation? Mr. Moore clarified that the facts were that Johnson said he was having a di~cult time arranging a mee~- lng. After he told N~. Johnson it was not his responsibility to help him in this matter, he did call the attorney for Rinker and told him they wanted a meeting. They got the ~e~n~_. ~ecause_9f ~is i~.terject~on~ Did he ~o the peo ~e ~erv&oe or no~7 M~. john . · P . .~ . eom replzed that he could not say a~ ~nis ~ime. Mr. Johnson informed them that on Wednesday, he started out with four people organizing a committee. Now, they have 122 people involved in this committee. There are two or three large condominiums and tonight, he received a call from 8~other condominium to give 500 more signatures. This is getting very involved. Two major trailer parks are giving all their signatures. Meyer Anderson, Rev. Lee and Rev. Clarence from the black community are giving their full support. This is how important this issue is. -13- MI~TES - REGUI~R CITY COUNCIL MEMTL~G BOYNTON BEACH, FLORIDA FEBRUARY 15, 1977 Mr. Johnson stated that the next thing they are going to do is set up telephones with ten numbers to call to help circu- late the petitions. He then gavetthe following phone numbers which could be called: 73~-1000, 732-48]0, 737-4076, 737-9856, 732-8272, 737-5424, 737-3076, and 737-1472. He clarified that he was aaying the amount of involvement they expect within a few weeks should be 15,000 signatures and they are going to win this. They are determined and they are going to win. Mayor Mack asked if he had contacted the people he gave to him s_nd Mr. Johnson replied: yes, he is meeting with them tomorrow morning and if they get that, it will be another 5,000. Mr. Caldwell suggested that he give the list of phone numbers to the press, with a story. Mr. Johnsce~ con- ti~ued that the people of Boynton Beach are affected with this and he hopes they are going to be a model City. Before ~his is through, the people are going to run this City from now o~. They areggoing to make sure the decisions are for the benefit of the people. Meyor Mack requested that the City be given a copy of the petitions if they are presented to ~Ri~ker. and~ Mr. Johnson reolied_ that he was not planning to g~Ve Rln-~er a copy. Mr. Jaymes B. Wilson appeared before the Council and stated that technical experts are here tonight, but R/nker is not here yet. This will be a continuing thing. What has been said previously apparently got through to the people. The Council Voted in favor not to issue the permit at the previ- ous meeting. Let's not worry about being sued for $1,000,000, etc. This is scare talk. Business is down everywhere. Rinker has laid off all over. If Rinker is here, we will suffer in years to come in people coming to live here and in tourism. He believes M~m. Moore said previously it was up to the Council to follow the instructions of the people. Mr. Simon is a nice guy and is capable, but he would much rather have anotherl~er than Mr. Simon handling this case. It is unfortunate that Lehigh did not have a re-hearing. As far as setting precedents, they have had Mr. Simon and Mr. Reed h~-udling other matters. There is the sum of $867,000 ~nd why can,t this be applied to bring in another attorney, so ~r. Moore can ha~udle other matters? They should bring in some other attorney to take this to the ~U.~i_S~mp~e~e Coup. t ill,necessary. They must forget about ~ .- ~oore uecause if he is no~ qualified or his feelings are not for the case, they should get somebody else. In reference to the statement to get someone on a contingency basis, this is not a two bit idea, but is the future of the whole City. Bring in another lawyer: They have had them in the past. Please bring in another lawyer. Forget their differences. There is hearsay, good and bad, for all people past and present here. Mm. Wilson continued that in regards to the telephone call from Miami, possibly it did ~o a service. However, they were surprised just because it was so quick. He does not -14- MiNU~ES - REGULAR CITY COUNCIL MEETING FEBRUARY 15, 1977 BOTNTON BEACH, FLOR_~DA know if it was a service or not. They Beg the Council for the future environment and health of this City, for the watez~aYS, traffic conditions, etc., to get a man who is interested i~ this and will fight to get this all the way up. Mr. Jim Bartram appeared before the Council and informed them he was representing the teachers and administration at Galaxie Elementary School. He read a letter from the principal and st~ff requesting relocation of the concrete plant Based on their concern with traffic, noise pollution, health factors, etc. i~[~s. Margaritte Johnson stated her name and her address as 7205 N. W. 7th Street. She informed 2he Council that in the section she lives in, this is important to the people. They must get Rinker away from this area. it will concern the whole City. They are pleading to have the City backtthem all the way. Mx. Strnad moved to replace the ~emporary City Attorney with another attorney to represent us in the Rinker case. ~yor Eack ascertained there was no second to the motion. ~. Caldwell stated he thought Mr. Moore had stated a point on the Rinker case at this particular point in time when he said Rinker has not petitioned to take the City to court at this time and Mr. Moore agreed and explained how procedurely it was up to Rinker to move forward. Mr. Caldwell clarified that as it stands now, Rinker cannot build the plant in the City limits and Mr. Moore agreedaand clarified that the Coun- cil has directed the Building Department not to issue a per- mit pending litigation. M~. Caldwell stated there would be no nee~ to remove any attorney to hire another attorney until they hear what Rinker is going to do~and M~. Moore agreed, unless they wanted to work on it. ~. Caldwell ~sked if there was anything to work on and Mr. Moore replied: possi- bly not as they may ~ot go forward with a hearing with what is going on in the City. Mr. DeMarco announced that he hoped the petitions continued to come in and Rinker will change their mind. The Council voted to fight this case. They must get as many people in- terested, so possibly it can be knocked down. Mayor Zack advised that he did discuss this with Mr. Johnson and he thinks they are going in the right direction. They have appealled to Rinker to show what the people want and do not want. He then thanked Mr. Johnson for getting out the peti- tions. At this time, Mayor Zack declared a five minute recess and then called th~ meeting back to order at 9:20 P. M. MINUTES ~- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRU~d~Y 15, 1 977 Complete Appointments to Boards & Committee~ (TaBled) Mrs. Jackson made a motion to remsve this from the table, seconded by Mr. DeMarco. Motion carried 5-0. Mrs. Jackson referred to~aking a mistake by appointing two people to the Civil Service Board a~d suggested changing Mr. Tom Bowles to the Building Board of Adjustments and Appeals. Mr. DeMarco suggested waiting until more resumes were received. N~s. Jackson moved to have this remain en the table, seconded by Mr. DeMarco. Motion carried 5-0. Agreement for Construction & Operation of South Central ~egion~atWastewater Treatment & Disposal Facility (Tabled) Mayor Zack requested that this remain ontthe table and be discussed at a special meeting on Thursday. After discus- sion, it was agreed to have a Special Meeting on Thursday, February l? at 7:00 P. M. to discuss the Agreement for Con- struction and Operation of the South Central Regional Waste- water Treatment & Disposal Facility. ~ist of P~yments - Vice ~yor Emily M. Jackson Mrs. Jackson moved to attach to the minutes of the previous month a list of payments for the Council members, reference. Mr. DeMarco seconded the motion. Under discussion, Mrs. Jackson stated she felt they should be kept up bo date on what has been paid. She explained how it had been helpful in the .past. Once a month, they should have a list of all payments. ~. Caldwell asked if she meant just the bills before the Council and ~rs. Jackson replied that she meant all the bills and added that there are many little things they should know about. Mr. Strnad stated he bhought those people who are interested should be able to obtain these copies. He does not wish to have this in his bo~. He never looked at them previously as he has confidence in the people running the City. He requestedtthat it not be included in his agenda book. Mrs. Jackson stated t~t they hired ~ City Attorney and made sure he w~ going to furnish his law books, the same as with ~. Simon. However one thing which just came to her attention and which she just found out by acci- dent is that there were law books purchased without the C~unci~ eve~ vot~D~_~u it by the City Attorney last year. If~~~6~!~ded with her agenda, she~ould have questioned it, Mayor Zack replied that if this is the case, they are the property of the Council. Mr. Kohl informed them that they spent $185 and Mrs. Jackson disagreed and stated it was $240. ME. Strnad informed them that these books were supposed to be paidffor by the former municipal judge, but in his passing away, he was mot ~ble to pay for them and the City took them over. It was unfortunate he passed away and Mr. DeMargo replied that it was unfmrtunate, but he didn,t think the Cmty s~ould be held responsible for it. Motion carried 5-0. See 3/1/77 Minutes, P. 2 MIN~J~S - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 15, 1977 Discuss Ownership of Ocean Ridge ~o..perty Mrl Moore referred to for over a month having been trying to ~et input from the Town Council of Ocea~ Ridge and advised hat he has been totally unable to get their cooperation to discuss with the Town M~nager or the Town Council their proof ofoownership. The latest input is the Ocean Ridge Town Coun- cil wants us to make an offer of what we are talking about. He previously furnished the file. There have been statements in the paper that Ocean Ridge has positive proof that they own it. He called and asked for this: hut Ocean RidEe re- fused. He ~egrets to advise that there is no alternative than to petition the court to judicially determine the own- ership of this land. M~s. Jackson moved to go ahead per Mr. Moore's suggestion. Mr. Caldwell seconded the motion. Under discussion, Mrs. Jackson stated she hoped they could hurry and get this set- tled and Mr. DeMarco added that at the bridge meeting, Ocean Ridge said they were going to meettto discuss this. Motion carried 5-0. NEW BUSINESS Discuss Re-establishin~ "Rid Litter Da~" - Vice ~¥or Jackson Ds. Jackson told about having had a "Rid Litter Day" for four years and having received requests to re-establish it. ~_rs. JacP~on movadtohave "Rid Litter Day,~ on April 30. She added that F~s said he would contact all the ser- SeeM inures Vice groups and the schools. Mm. DeMarco seconded the motion. 3/1/77, Under discussion, Mayor Zack stated he personally feels the P. 2 Chamber of Commerce should be involved, since they represent the businesses. He told about discussing this with Ann Tindell. He stressed that the business people must also get involved and do their part. M~s. Jackson informed him that she had been appointed Chairman each year and the first per- son she contacted was the executive director of the Chamber of Commerce. ~Then, all organizations are contacted and they meet hereand plan it. One year over a thousand people took part and it~must be a concerted effort on the part of the whole town. Motion carried 5-0. ~ms. Jackson added that she had spoken to Mr. Kohl about furnishing bags and he advised that he does have money in the Sanitation Account. Discuss Suggestion Box in Cit~ Hall - Vice M~yor Jackson Mrs. Jackson referred to mentioning this previously so they could have input from the public and find out if they have any suggestions. She thinks there have been times when peo- ple suggested things to her and she wrote them down, but MINU~S - REGULAR CITY COUNCIL MEETING BOYNTO~ BEACH, FLORIDA FEBRUARY 15~ 1977 sometimes forgot them. She thinks the suggestions should be screened and then possibly take the good suggestions and put them into action. ~Myor Zack agreed and told about his previ- ous experience with suggestion boxes. He added that if the suggestions are screened, he doesn't think anyone would get hurt. He suggested turning over the screening to the City ~anager and City Clerk. Mr. Caldwell seconded this as a motion and the motion carried 5-0. Study by D.O.T. for Traffic Light at U. S. 1 & Gulfstream Bouleva~ - Vice ~M~or Emily M. Jackson Mrs. Jackson suggested that the D.O.T. be requested to take a traffic count at the Gulfstream Mall. She explained how it was a problem to get i~and out of the mall and would be even worse when more stores open. Fir. Kohl replied that he would m~ke this request. N~. De~rco told ~out people having trouble turning without a turning arrow at S. 15th Ave. Mr. Kohl informed him that this was going to be widened and chmuged completely mud they will start work soon. Mr. DeMarco then seconded ~s. Jackson's suggestion as a motion and the motion carried 5-0. Consider Request of Chamber of Commerce Mayor Zack suggested that this resolution be turned over to the City Manager to be taken under advisement. He added that the City~muager would know whether a Traffic Engineer is necessary and he thinks they have capable people plus cooperation with the County and State Government. Discuss Sewer Plmut - Councilman Norman F. Strnad Mayor Zackannounced this would be tabled for discussion at the Special Meeting on Thursday. ADMINISTRATIVE Consider Recommendation of Cit~ Buil~ Mr. Kohl read the attached memorandum dated November 19, 1~76, from M~. Howell. F~yor Zack asked if this would be proper and F~. Moore stated he thought clarification was needed. Mr. Kohl advised that he could take care of this administratively with the City Attorney and Building Offi- cial. ~M. DeMarco made a motion per Mr. Kohl,s suggestion, seconded by Mrs. Jac~on. Motion carried 5-0. -18- Mt~3TES - REGULAR CITY COUNCIL MEETLMG BOYNTON BEACH, FLORIDA FEBRUARY 15, 1977 Consider Utility Relocation Agreement Between Woolbright Road and Boynton Canal ~s. Jackson asked if this was premature if they were going to have a hearing and input from the public about the widen- ing of Seacrest Blvd. and suggested that this be tabled. Mr. Kohl replied they could table it, but he doesn't think it will hurt any because the County has not said anythd_ugo Nothing has been do~e and it can be taken care of later on. _Mrs. Jackson moved to table this. COnsider Recommendation of General Services Supervisor Re- ~arding .Increased Rates at Landfill Area _Mr. Kohl informed the Council that Palm Beach County is in- cr?asing the dumping rates at their landfill from 50¢ per cubic yard to $1.00 per cubic yard effective January 1, 1977. He recommends that the ~ity increase their rates from 75¢ _Der cubic yard to $1.00 per cubic yard. This has nothing to do with the residents, but will affect people who bring trash out to the landfill. He told about the problems having to cover it ~s. Jackson moved to accept the recommendation of the City Manager and raise the rate from 75¢ to $1.00 per cubic yard at the landfill. M3~. DeMarco seconded the motion. Under discussion, ~. DeMarco stated it was his understanding the residents could haul anything there free and Mr. Kohl replied that a~one could go out to the dump and dump anything. This wouldn~pp~¢ to the subcontractors making money on their own. Mr. Moore asked if the rates were established by resolution and Mr. Kohl informed them that they were established by ordinance. Mr. Caldwel! stated they should try to consider the contractors and unless they need this additional 25¢ revenue, they should not increase the burden on them. Mr. De~rco asked if the expense was going up and ~. Kohl re- plied that the expense of everything they are doing has in- creased tremendously. Mayor Zack asked how long they had this rate and ~. Kohl replied for many yea_~s. Mr. DeMarco referred to the County also raising their ~ates and Mr. Kohl informed them that the County found out they were losing money. ~s. Jackson amended her motion to include instructing the City Attorney to draw up an ordinance and M3~. DeMarco second~=d. Motion carried 4-1 with F~. Caldwell voting against. Consider A~reement - CETA Title IV Program Mro Kohl referred to the Council members receiving the agreement and advised that in #22, they state the Agreement becomes effective January 29, 1977 to September 30, 1977. See 3/1/77 Minutes MINUTES - REGUI~iR CITY COUNCIL MM, ETIMG BOYNTON BEACH, FLORIDA FEBRUARY 15, 1977 However, he contacted Mr. Thurston,s office to advise him that his letter of instructions was dated February 4, 1977 and was not received here until February 6, which as yom know was after the last meeting. He advised Mr. Thurston he would have a response on February 16, after the City Council meeting. In addition to the Agreement, a package was received consisting of 15 additional pages, letter of instr~ctions, as well as the Assurances and Certifications as referred to in #4 of the Agreement. These are available in his office. This is similar to what they signed last year and we do have men on the program. Mayor Zack asked how much money they received end Sullivan informed him that they have approximately seven men and they get: paid City wages of a comparable position. Mayor Eack clariTied that they were actually temporary.Couuty employees. Mrs. Jackson moved to accept the agreement between the City and CETA and have the proper authorities sign the agreement. Mr. Caldwell seconded the motion. No discussion. Motion carried 5-0. Consider Site Development Plans for United Federal Savings & Loan Association ~. Kohl informed the Council that the Planning & Zoning Board, at their meeting of February 8, 1977, Unanimously recommended that the site development plans be approved subject to the Technical Review Board reco~endations. Further, the City, United Federal, the Leaseholder of the land, and the County will work toward recording a dedication of ten additional feet for right of way purposes for Congress Avenue. This facility will be located at the southwest corner of N. W. 2nd EVenue ~nd Congress Avenue. ~. Annunziato, the City Planner, is present with the plans and will answer any 9ues- tions you may have concerning this approval. The motion to approve was made by P~. Lambert and seconded by M~. Yinter. He then read the requirements recommended by the Technical Review Board. ~s. Pad~ett informed the Council that Mw. Gatemy had re- quested to speak. M~r. Gatemy informed the Council that the only item which they have not agreed to is the requirement for dedication. Technically, they are only to convey the interest they have in the property. They agree to provide an easement, but need the consent of the o~er and at this time, ~hey have not been able to obtain his consent. He re- quests the Council to approve the plans subject to their being able to work out the agreement. -20- MINUTES . REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRU_~RY 15, 1977 Mr. Annunziato informed the Council that the Planning & Zoning Board,s recommendation was to recommend the t0 ft. right-of- way and Mr. Gatemy offered the alternative to give the City the easement and work towards the dedication of the additional right-of-way with the City, County, United Federal and the leaseholder. This will not hold up the plans or construction. Mr. Caldwell moved to accept the Pls~ing & Zoning Board recom- mendations subject to the limitations as spelled out by the City Manager, City Pl~zuer and Technical Review Board. Mrs. Jackson seconded the motion. No discussion. Motion carried 5-0. Consider Site Development Plans for Inlet Ptaz~, PM. Kohl informed the Council that the Planning & Zoning Board, at their meeting of February 8, 1977, Unanimously recommended the site development plans be approved subject to the Technical Review Board recommendations. This faci- lity will be located between Lake Street and Oak Streez on the east side of U. S. 1. Mr. Annunziato, the City Planner, is present and has the plans and will answer any questions you may have conceraing this approval. The motion to ap- prove was made by ~. Winter and seconded by Mr. Lambert. He then read the requirements recommended by the Technical Review Board. Mr. DeMarco moved to accept the recommendation of the Plan- ning & Zoning Board subject to the Technical Re~iew Board recommendations. Mr. Caldwell seconded the motion. No discussion. Motion carried 5-0. Consider Operation & Ma/ntenance Manual Authorization - South Central Re~ion~] Wastewater Treatment & Di~.oosal Board Mayor Zack stated that he understood that Delray Beach ap- proved this last night. He .Understands this cannot be com- petitive and believes they can only go along with this. ~s. Jackson moved to accept the recommendation of Mr. Canon, seconded by Mr. DeMarco. No discussion _.otmon carried 5-0. Consider Approval for Permit to Solicit - Boynton Beach Little League Mr. Kohl requested approval of this and advised that every- thing was in order. Mrs. Jackson so moved, seconded by ~r. Caldwell. No discussion. Motion carried 5-0. Approval of Bills Mr. Kohl read the following bills for approval: -2 l- MINUTES - REGULAR CITY COUNCI~L ~TING B0~TON BEACH, FLORIDA FEBRUARY 15, 1977 I. ~alm Beach J~nior College Tuition fee for Police Career Development "Supervision- Pay from Police Education Fund 001-507 Ordinance #74-35, Section 2-10, 2. ~art Wallace For8 ~ Light Utility Truck~ Pay from budgeted funds 030-912.51 Bid of Octobsr 12, 1976 3. Penwalt Corpo Ferric Pay from budgeted funds 030-822.65 4. ~llied Chlorine & Ch~m~c~ Chlorine Pay from budgeted funds 030-811.63 30 822.6D 5. Earl Wallace Ford Cab and Chassis with trash scowbody Pay from budgeted funds 020-829 Bid of October 26, 1976 6. American States ~nsurance ~&ccidental death and dismemberment on Police and Fire Pay from budgeted funds 001-885.25 7. Willie Ruth McGrad~ Server for Senior Citizens Club - 2 weeks Pm~ from budgeted funds 020-880 Ordinance #73-15, passed 5/15/73 8. Isiah Andrew~ m~river for Senior Citizens Club - 2 weeks Pay from b~dgeted funds 020-880 Ordinance #73-15, passed 5/15/73 9~ .~ntercount~ Co~tructio~ Est. #2 SCRWTD Plant -City of~oynton Beach share Pay from Atlantic National Bank 1~75A Series Contract dated 10/13/76 t0. .Intercounty Constructio~ Est. #5 Water Treatment Plant E~p~sion ~ from ~tla~tic National Bank I975A Series Contract dated 7/9/76 $1,380.00 $1,150.00 $ 40.OO 6,935.66 ,839.38 2 ~ 530.00 11,583.92 2,777.00 110.00 20,279.25 186,670o73 -22- MINUTES - REGULAR CITY COUNCIL ~ETING FEBRUARY 15, 7977 BOYNTON BEACH, FLORIDA Gersch & Bramucb~ Est. #5 Hater Distribution Building & Warehouse Pay from Atlantic National Bank 1975A Series Contract dated 7/26/76 ~2 C ~ . arpenter~ May & Bremer Professional services for annual audit Pay from budgeted funds 007-830.21 $4,768.00 030-802.21 $7,198.00 73. Carr Soil & Sod N. E. 22nd Avenue 18,837.00 11,966.00 I ,420.00 Mr. Kohl stated that the bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Director$ funds are avail- able in theirrrespective Budgets. He recommends payment of these bills. F~tyor Zack requested a further explanation for the Cart Soil and Sod Bill. ~. Kohl referred to the Council's directions to ~im regarding N. E. 22nd Avenue at the last meeting and advised that it has been finished. Inasmuch as he had to get this job done, he feels the people should be paid immediately. Mr. St~nad stated that he objects to using the taxpayers, money for private enterprise, which this is. He M~. Caldwell not to l~-~ ~o *~ .... requested CR~-~ &~- - .... ~o~ ~o ~ ~s very serious and Mr. ...... ~ ~me~ ona~ ne was cognizant of his point and did not realize his smile distracted him. Mr. Strnad continued with referring to the purchase last year or the year before of a bOX Spreader and they have a man who is supposed to be an. expert in black top andrroads. He asked why it was nec- essary to hire Carr Soil & Sod to do this when t~ey have ~r~wn equipment? Mr. Kohl explained how they did not ~w ~n~ proper equipment to take out the old shell ro and if it was only black topoing needed, they could ~k doneiit. - e ~. Strnad stated he was not present at the meeting when this was discussed and asked Mr. Kohl how this came about and Mr. DeMa~co replied that the Council authorized it. Mr. Strnad clarlfied that he was asking M~. Eohl and he asked who re- quested this to be paved and Mrs. Jackson replied that the Council did. Mr. Strnad again requested the City ~L~nager to answe~ and ~. Kohl informed him that it was brought up at t~e me~ting that certain bUsinesses there did not have proper parking and it was asked if they could park on the grass and ta3~e down the signs. He explained how he had advocated not Parking on the grass and stated that any time you park on s~nd or grass, the results are terrible. They should either do the job right or not at all and should not allow peoole to park on the grass or sand. - -23- MINUTES - REGUL~P CITY COUNCIL MEETING BOY/~TON BEACH, FLORIDA FEBRUARY 15, 1977 ~yor Zack stated that he thought Mr. Caldwell had brought it up first. ~. Strnad asked ~. Caldwell if he had received any requests in writing to have this paved and Mr. Caldwell informed him that he received two phone calls, one from Mr. Kelly ~and one from th~ owner of the grocery store. They ~Hd_~im on severa~ occasions requesting some sort of re- ief. They stated in the past that parking was permitted along this street. The City moved in aud put a park there and removee any parking facilities on that particular road. They asked him, as a Councilman, to please intercede and give some relief for the parking requirements for %he merchants in that area. He thought inasmuch as he was elected.by the people andinasmuch as he is trying to induce businesses to locate in Boynton Beach~ he felt it was his responsibility not to act in behalf of a specific merchant, but on the be- half of all the~merchants in that area. He asked to have the signs removed, so the customers could go to these stores and trade with these merchants amd park. If additional parking is provided, the businesses will stay. Are there any other questions? Mr. Strnad clarified that this was done specifically for the ~enefit of private enterprises and ~. Caldwell replied that t was done let. the City as a whole to imProve the image of the City to aid the merchants in a s~cific area. He thinks the City wronged them originally be depriving them of ps, king spaces where they were allowed. He thinks it was his prsrog- ative to correct the wrong. He was not trying to help a particular merchant, but trying to improve the trade in the City. F~. Strnad asked if he was aware that Mr. Kelly owned all the stores and there is parking in the rear and ~m. Caldwell replied that he was fully aware that ~. Kelly owned them. He then continued with telling how the merchants had a hard time making payments because of losing trade. He told how the customers complained about the inconveniencp' of having to walk around from the back and it was inaccessible. He realized ~. Kelly was the landlord and he ¢~e to him em behalf of the clients of his tenants. Mr. Strnad than~ked him and stated it was now on the record. Mrs. Jackson stated that she felt any time they can help any private enterprise to get going, it is fine. She referred to busd_nesses being in and out of these stores. They should encourage business. Mayor Zack agreed, but stated they should not go too far. Mr. Strnad stated he thought they set a precedent because now he has had requests from two owners on S. Federal Highway re- questing the road to be paved between their two businesses. -24- MINUTES - REGULAR CITY COUNCIL MEETING FEBRU;~y 15, t977 BOYNTON BEACH, FLORIDA Mr. Moore stated he thought a precedent was previously estab- lished when ¥~. Strnad had no parking signs installed in front of his motel by the City and M~. Strnad replied that he washout of order. He added that there was no reason for Mr. Moore to bring this up. He asked who paid for the signs and M~. Kohl replied: the Department of Transportation and Mr. Moore replied: the taxpayers. Mr. DeMarco asked if there were any other signs like these on the highway and Mr. Kohl replied that he thought there were a few other signs. Mr. Caldwell asked Mr. Strnad if he was telliag the Council that he was opposed to black topPing publicty dedidated streets and Fm. Strnad replied: absolutely, but now a precedent has been set mud other people are coming ino He is opposed to it for private enterprise. M~s. JacP~on moved to pay the bills, seconded by Mr. Motion carried 4-1 with Mr. Strnad voting against. OTHER DeMarco. .~ity Mana~er,s Report on Deferred Compensation Mr. Caldwell requested to sit out in the audience for fear of conflict on this. Mayor Zack announced he felt this should not be on the agenda. He does not think this should be discussed without having a request from the employees. They did not receive a request from the employees and he does not think this should be proceeded with to find out what companies give deferred compena&tion plans. Mrs. Jackson moved to strike this from the agenda, seconded by Mr. DeMarco. Motion carried 4-0. ~. Strnad stated he received no minutes or notification of this meeting and questioned who called the meeting and Mr. DeMarco asked what meeting? Mr. Strnad stated he understood that aemeeting took place on January 28 to discuss deferred compensation with Mr. Caldwell present and another represen- tative from Aetna Insurance Co. Mr. Caldwell informed him that the other fellow happened to be Gregory M. Fisher, who works for Aetna Insuremce Co., the same as he does. Prior to his election to the City Council, he went to the City Manager and discussed the concept of deferred compen- sation with him and he was very interested. He said he thought they should have a meeting of the department heads a~d Mr. Kohl arranged it. He brought along Grog Fisher, who is much more informed on this than he. Greg Fisher carried the conversation, which he thinks the department heads will verify. After discussing this with the City Attorney, he advised him of a conflict of interest because after the discussion and subsequent to the meeting, he was elected to the ~ity Council. He told M~. Moore and -25- MI~gTES - REGULAR CITY COUNCIL MEETING BOY~TON BEACH, FLORIDA FEBRU_~Y 15 , 1977 Koh~l that any negotiations would be done through Greg Fisher. He explained how he could not receive any compensation for the concept and he was not licensed for this. He started negotiations as an insurance sales person working for Aetna and did so in good faith and then he ~d elected and had to back off. He has been in co~tact with .Mr. Kohl asking him what is going on trying to keep informed. Mr. Kohl in- formed him he would bring it up for consideration by the Council. ~e asked Mr. Kohl what he should do and Mr. Kohl suggested that he abstain and that is why he requested to sit in the audience and not be a tm~t of the Council during the discussion of this matter. He started negotiations prior to his election and once he found out there ~ay be some sort of conflict o~ interest, he stayed out of The only discussion with the department heads was the meeting held on January 28 with the various department heads in this Council Chambers. He asked if there were any loose ends ~. Strnad would like clarified? Mayor Zack stated that along this line, M~. Caldwell had pre- £~em~ a resolution to the City M~mager and ~.~ Caldwell agreed. He added that the resolutiou was model language prepared by the insurance cbmpauies. ~. Moore informed them that the meeting simply made aware to the City employees that there is such a plau available. He believes the Council has no part in this particular plan, as it is voluntary from the employees but the City must authorize the Finance Director to make the oayments if the employees authorize it. ~ M~yor Zack stated he believed the City Manager made a mis- t~e in calling a meeting of the department heads. This took company time and he does not think it was proper. Mm. Strnad clarified that in other words, nobody could get their foot in the door to quote on this. However, by Mr. Caldwell being a Gouncilman, he had the influence. Mr. Caldwell disagreed and advised that the st~md~md operating procedure is to go to the top administrator ~ad discuss it with him and see if there is any interest to discuss it with the department heads. It is up to the City Manager whether he feels a meeting should be called to see if there is any inberest. Any insurance company capable of presenting a deferred comp~usation plan can come in and makeaan~ kind of presentation. He didn't want to get in the sales pitch. Out of over 2~000 insurance companies in the country, there are only about 10 which handle this. He started nego- tiations on the concept for Greg Fisher, who lives in Plan- tation and wh~knows he lives in Boynton Beach, who sug- gested that he break the ice and anr~uge the meeting. ~s. Jackson announced this was out of order. -26- MI~'gTES - REGUI~R CITY COUNCIL ~EETING BO~NTON BEACH, FLORIDA FEBRUARY t 5, 1 977 Adjournment Mr. De,Marco moved to adjourn, seconded by ~4rs. Jackson. Motion carried 5-0 amd the meeting was properly adjourned at 10:10 P. Mo CITY OF BOYNTON BEACH, FLORIDA ATTEST:  ~ ' ' /~/ Vice Mayor 6O~unCil Member  ember Council Member Clerk Recording Secretary (Three Tapes) -27- TO SU~JECT RUSSELL & AXON .... - ENGINEERS -- PLANNERS .-:- ARCHITECTS ' MEMORANDUM JCS DMK Commercial DATE OFFICE _Delra.y Beach OFFICE Da.ytona Beach Sewer Rates as Applied to S. Service Laundrip~ Oct. 5, 1976 We have read the various correspondence which has transpired over whether laundromats are commercial units and whether their sewer rates can be adjusted. We came to conclusion, s which are basically the same conclusions that you reached in your letter of Aug. lO, 1976, to Mr. Frank Kohl City Manager. ' As you stated, a federally approved equitable sewer rate system must be developed in older for the City to receive a grant from the Environmental Protection Agency. According to our'estimated schedule, a preliminary draft of a User Charge and Industrial Cost Recovery System must be submitted to EPA approximatel~ one year from now. It has not been determined exactly what the method of applying sewer rates for the City will be in order to satisfy federal regulations. However, one thing is certain -- it must be a system whereby each user, or user class, pays their fair share. A~y preferential method of.rate application will surely be rejected by EPA as inequitable. It is our opinion that laundromats are commercial users. This type of establishment generally creates a heavy demand on the sewer treatment and collection system which is often evidenced by large quantities of wastewater discharged and high strength waste from a single concentrated source. On the other hand, laundry facilities in a condominium or similar type building are only an extension of the facility found in the average family residence. As such,~the faCilities are there as a service to the residents and not there as a profit-making operation. Hopefully, this information will reinforce the stand you have already taken. /SW DMK RUSSELL & AXON DELP, AY ~t'~ FLAo .~./i"~ RUSSELL 8, AXON Established in lg20 Engineers · Planners · Arcl~tects Incorporated August 10, 19z6 Mr. Frank Kohl, City Man.ager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Dear Mr. Kohl: Subject: Commercial Sewer'Rat~s as-APPl.ied te'Self,SerViceLaunde~ies The following comments are made pursuant to your request for an engineering opinion concerning consideration of~requests..rece~ved from owners' of self- service laundries or laundromats.for relie~.from the burden of s~wer service billings, which they deem excessive because of the recent-rulin§.of-¢he ad- ministration that they should be 'billed as commercial cus'tomers under Sec. 23A-3, Schedule (b), Commerc~al,-etc., rather than Schedule (a),-Residential, as practiced since 1973. .1. The laundries referred to are a commercial venture and, as such., should carry their fair share-of the collection, treatment~and- disposal expense. The wastewater quantity from these-customers represents 100 percent of their water usage, as opposed-to a residential c~stomer whose water usage is diverted ~o ir~igation, pool~q etc.', and is not returned as wastewater. 2. The wastewater quality from these customers makes .i~ more ~iff~cult to treat than ordinary household waste. BOD and suspended solids are both high. Standard Condition No. 5 of the EPA Grant Offers f~r Sewage Projects assures that the City "shall:d~velop and adopt User-Charoe and ~ndustrial - Cost-Recovecy systems and-ap~top~i.~te oAdinances"-&n.accordance with 'cer~a'in regdlations. Russell,&.A~n i~- currently-working on this,-and a draft of same_is due by January. l~,-1977. This will assure EPA "that each recipien~ of waste treatmen~.services-wiql pay .its proportionate'share of the costs of operation and'maintenance, in&luding.replacement.,~ One sys- tem approved "establishes classes.~or users having sim~qar'ftows and wastewater characteristics:-'i.e., BOD and SS, etc. Each ctas~is then as~i§ned its share of the waste treatment-works operation and maintenance costs based on the proportional"cont~-ibueion-of the ~lass tO-the-total treatment wor~s loading."(.Quotes, f~om Federal Register Vo~.. 39, No. 29, Monday, February 11, 1974). It'.is,.therefore;-evident that any liberali- 267 N. E. 21NTD AVE~'LTE · POST OFFICE BOX 1837 · DELRAy BEACH. FLORIDA 33444 · 3051278-2615 ~r. Frank Kohl, City Man.ager Page 2 August 10, 1976 zation of service charges new, by interpretation of existing 'ordinances or other .reasons, would soon be.negated by this Federal ~equirement. Their goal is to assure sufficient funds for 0 & M of the utility by means of a foolproof, equalized system of rates and'charges. While the Bond Resolutions adopted-by the City in the past do not specifically contain the current sewage rates and classes, the-Resolutions do contain the words "~ne City will not render or cause to be rendered any free services of any nature by its Water and Sewer System, nor_w.~ll any ~referential rates be established for users ef the same ~lass2" ~r. A1Shepard of W?tliam R. Hough & Co., the City's bond consultant, has stated that the current rates and classes were quoted in the Officia~ Bond-Statements offered in support of bond sales and expressed object, on to any erosion of present ~r future revenues, stating that the-servi-ce ~ehdered was the true test for.justifica- tion of the rate charges. We have reviewed the rate comparison with other adjacent c-ities. While the Boynton Beach rate is higher in this ,particular class, this is net signifi- cant unless-othe~ factors such as bond_indebtedness, debt-~ervice, collec- tion and treatment systems' condition, and disposal are a~o'considered. Suffice it to say that if they have not "seen the-l-ight" of the cost of the Pollution Act, the Clean Water Act and connection to Regional systems, they soon will. For example,. Delray Beach has oo sewage treatmen~ p~ant, Lake Worth anticipates doubling their rates withi~ 30 days and Riviera Beach has already, raised theirs. The rates are based e~ the need ef the individual City to produce the revenue required by tha~ .pam~cular city, and any reduction in one c~ass must be offset by an inc-rease in some other class. In conclusion, regardless~of the wording of ordinances since t973, it was never the intent of this firm ~o recommend that commerci-~l laundries or laundromats he-.included in.any ether than commercial customer classifi- cation with a rate based on-water usage. We trust this wi-ll assist in your investigation. Sincerely, RUSSELL & AXON JCS:tan CC Joe C. Swan, P_E. Engineering Manager Mr. Perry A. Cessna, Director of_Utilities MLH - R&A, Daytona MEMORANDUM · o Frank Kohl November 19, 1976 J Licensing - General Contractors After talking with Mr. Ed Flynn, of the County I~censing Department, I am of the opinion that we are discriminating between general contractors in our licensing policies. To explain how tt~is should be done, according to Mr. Fl!;nn, is as follows: If a general contractor, or any other contractor as far as that goes, who is qualified under examination by either the County Block Examination or the S~ate Examaning Board, who holds a County Unlimited License, should be issued a City of Boynton Beach Occupational I~icense for the sum of $2.00. If any of the above contractors hold only an occupational license for the County (which is a license secured for a fee of $9.00) then they are subject to the fees stated in our Ordinance Book for general contractors, roofing contrachors, block masonry contractors, plas%ering contractors, etc. It is my understanding that we have been charging a State Licensed Contractor who holds a domicile license in another city, a fee of $5.00 as stated in Section 15-2, page 217 of our Orc]inence Code, therefore, discriminating tween a State Licensed Contractor and a County Licensed Contrac%or. I am of the opinion, after talking with Mr. Flynn, that Section 15-2 should be stricken from the Ordinance Book. I will appreciahe your conments. d~ng Offzczal W~H :rah cc: Mel Craig