The URL can be used to link to this page

Minutes 12-21-76MII~-TES OF REGULAR CITY COUNCIL ~'~,~l~N~ -- CiTY OF BOYNTON BE~_CH, FLORIDA. HELD IN CITY HALL~ TUESDAY, DEC~R 21, PRESENT Joe DeLong, Msyor Joseph F. Zack, Vice Mayor Edward Fo Harmening, Councilman Emily M. Jackson, Councilwommu Norman F. Strnad, Councilmmu Frank Kohl, City M~u~.ger Robert B. Reed, City Attorney Callie Clanton, Deputy City Clerk Mayor DeLong welcomed everyone and called the meeting to order at 7:30 P. M. He requested everyone to arise at the sound of the gavel for the invocation given by Rev. Carroll Staples, Pastor, St. Johnrs United Methodist Church, and to please re- main standing for the Pledge of Allegiemce to the Flag led by Councilwoman Emily M. Jackson. Announcements Mmyor DeLong ~anounced that present in the audienc:e were the two newly elected menu?oers of the City Council, ~. Joe DeMarco and M~. Richard Caldwell, and requested them to stsmd and take a bow. He then recognized the re-elected member, Councilwoman Emily M. Jackson. Presentation of Service Awards to City Employees Msavor DeLong announced that Mrs. Callie Clanton, Deputy City Clerk, was present in the absence of City Clerk Tereesa Padgett. He then presented se~¢ice awards to the following employees: 20 Years Service: John Johnston, Utility Systems Supervisor Callie Clanton, Deputy City Clerk 10 Years Service: Edward Duffy, Fire Lieutenant James Patterson, Recreation Supervisor Joyce Johnson, Secretary to Police Chief Receipt of Correspondence from County Court Judge Daniel T. K. Hurle~ M=~. Kohl read the attached letter dated November 30, ~976, from County Court Judge Daniel T. E. Hurley. Mayor DeLong requested the City Manager to follow up this letter with ac- ceptance and place the letter on file for future reference. Presentation by Mayor Joe DeLong - M~muicipal Finance Officer's ~ssociation Award to ~. Kenneth L~ Kribs~ Finance Director Mayor DeLong read the Certificate of Performance received with the plaque regarding the annual financial report. He then co,ended ~. Kribs for the service he has performed for the City. He suunounced that he deserved this awsa~d and ~ffNUTE-S - P~GULAR CI~f COTu~CIL MEETING BOTNTON B~ACH, FLORIDA DECE~,~ 21 , 1 976 this was the first time in the history of the City of Boynton Beach that such an award had been rendered. Mzc. Kribs thanked him and then expressed his gratitude to all the employees in the Finance Department for helping the City to earn this award. Announcement Regarding Holidays for City ,~a~ 1 Closing~ ~dror DeLong anno~muced that the City Council in observance of the Christmas Holidays declares that all administrative offices will be closed on Friday, December a4 and Monday, December 27. He also announced that for the New Tear Holiday, City Hall would be closed on Friday, December 3t and Janus_~y ~ and 2, but January 3 will be a working day. MINUTES Regular City Council Meeting - December 8, 197g Following his usual orocedure, Mayor DeLong started on his right and called on %he Council members for comments. Mr. Zack and Mr. Harmening passed. t~s. Jackson refe~rea to Page 22, next to bottom paragraph, and corrected it to read: "having f~uds,~. ~s. Jackson referred to Page 33, New Business, smd stated that she made the motion to pay the City employees a $25.00 Christmas bonus; however, she did not consider the Council members to be City employees and was very surprised to re- ceive $25.00. They are public servants and she thinks this should not happen in the future. She clarified that the mo- tion was made for the City employees. She is turning her check back. Mrs. Jackson then referred to Page 31, just before the last paragraph, and referred to M~yor DeLong's reply to ~. Har- mening,s question and stated she was wondering if the City Attorney gave an answer. Mr. Reed replied that he did not rememcer, but the answer_ is no. ~yor DeLo~_g added that the City Attorney stated in order to take the power away from the Mayor in this particular instance~according to the provisions of Article 4, Section 54, it would have to be by referendum of '~ ~__e nroole. M~s. Jackson agreed the City Attorney stated this, b~t ~nformed him it was in another place in the minutes. ~yor DeLong replied that he was just giving verification and Mms. Jackson clarified that she was just asking if his amswer was omitted. Mayor DeLong stated that the City Attorney did ~ke this statement and it should be included and ~. Reed agreed that he did recall saying something like this. !~. Strnad stated he had nothing. Mayor DeLong announced a motion was in order to acceot as corrected and include omissions in the Regular City ~ouncil Minutes of ~ecemoer 8, t976. M~. Zack so_~oved, seconded by ~@. Harmening. Motion carried 5-0. ~2~ MINUTES - REGULAR CI_~Z? COLd,iL ~EETiNG BOY-~TON BEACH, FLORIDA DECE~ER 2~ 1976 PUBLIC AUD~.,~CE Honoring the Atlantic High School Eagles, Football Team - Councilman Edward Harmenin$ M~yor DeLong recognized Councilmsm Harmening and Mm. Harmening stated it seemed to him that the C~y should recognize the championship of the Atlantic High School Eagles' Football Team, even thoo~h they ~ ' zosv the final game. Mr. Harmening moved to instruct the City Manager to contact the team and have them attend the next meeting or the following for recognition, seconded hy ~s. Jackson. ~ayor DeLong clarified that it had been moved and seconded to instruct the City Manager to supply the proper testimonial honoring the Atlantic High School Eagles, Football Te~m for their fine performamces. No discus- sion. Motion carried 5-0. M~.yor DeLong added that_~or~- to the game, on behalf of *'~ne residents and the City officials, he did send a letter to the bead coach, a congratulavory letter, routing for the home team. It is now a matter of public record because he b ~ ~ all the Co,mci! members ~ ~. ~ , et~ev~s .ece_vem a copy. Other ~r. Morton Levine stated his namae and his address as 25~5 l?. E. 2nd Court. He informed the Council he was appearing mn reference to Item A, ~u, der~, ~g Administrative, Request Ao- orovat for Additional Technical Assistance ~ ~' - ,- ~ R~gar~ng Village Royal~ on the Green. He referred to appearing b~fo~= '~ this Council on many occasi6nasrequesting their cooperation in re- gards to the ma~- problems at Village Royale on the Green in reference to the shoddy construction and violation of City ordinances. This body has alws~-s been most generous in show- ing concern. ~hey h ....... c~e ..... ~_~ - - -. ~-,= ~ u ~mea mn tm~in~ theffr:complaints o~zore a grand 0ury, who has and is still ~ea~ facts per- ~amnzng to the ~obmems. He has been instro~ental in having this done and is aware of * = ~h~ facts pertaining to this. His reasone. ~ for appearing_ before the Council tonight is to respect- ~ulmy request that they continue to coooerate with th~ ~esi- s~n~on Beach and strongly con~ider giving tne_r approval to the recommendations of the gr~ud jury and provide the additional technical assistance recommended by them. Ms, or DeLong replied that he thought ~. Levine could contest to the fact that this ad~nistration certainly went to bat and cooperated in every manner and fashion they possibly could. Zf it was not for the members of this ad~nistration, the thorough investigation by the State Attorney would not have t~sn place. M~. Levine replied ..... t they were very grate- ful and truly appreciate the cooperation am~ concern all the members of the Council have expressed. Ms,-or DeLong ~ .... ~cer~ne~. that nobo~- else desired to soeak then anno~uced tno. t if anyone wished to speak ~ -~ a~om~ a~y item on the agenda, to please give their name to the Deouty City Clerk, M~s. Clanton, and when that becomes the order of busi- ness, they will be called upon. Mi-~YJ~S - REGUL~9 CiTY COUNCIL MEETING BOY~TON BEACH, FLORIDA ~iDS D~C~ 21, 1 976 Floodlight ~' ~lxtures~ Lamps & Mounting Hardware for Pence Park ~. Kohl ' ~ ~ Informe~ the Council that b~as on the above were opened on Tuesday, December 14, 1976, at 3:00 P. M. in the office of the P~rchhsing Agent, Mr. William Sullivan. The Ta~nmat~on Committee recommends acceotance of the low bid from General Electric Company of For~ Lauderdale in the amount of $~,~ ~ _ ~ ' ~.10. A cooy of t~e Tabulation Sheet and Pro- posal signed by Mr. J. M. Reitz, Sales Department, are on file. All requirements have been met. The affidavit is also on file. Monies for this expense are available in Federal Revenue S~aring Account 020-855. He concurs with the recom- menmat~ons of the Taoulatlon Committee. ~@'. Zack moved to acce~t the recommendation of the Tabulation Committee in which the-City Manager concurs and award the low bid to General Electric Company of Fort Lauderda!e in the amount of $4,]]5.]0 for Floom_~gnt Fixtures, Lamps and Mount- ing Hardware for Pence Park. Mar. Harmening seconded the mo- tion. U ' ~ nme~ discussion, Mm. Harmening =efer_em to the note on the paoers submitted stating ~bo ~ ~~~ lamps were not included and ~. Kohl agreed this was on the written paper, but advised that he did have a ~- ' ~ ~ ~rln~em paoer signed by Mr. Reitz including the lamps. Moolon carried ~ ~' PUBLIC ~ ~ P~oposed Ordinance No. 76-6~ - Re: Amending Section 4(F) of Appendix A, Zoning Regulations, to Impose a General He_gh~ Limitation Applicable to a~l ~ ~ =~ ~= ~ S,rmc~ures Within t~ City and ~o~iding for E~ceptions Thereto and Sta~.~dards for Evaluating ~uch Exceptions ~. Reed read proposed Ordinsmce No. 76-6~ by caption. Mayor DeLong asked if anyone present wished to speak in ~vo~ re~emvem ~o response. He then asked if emy- prese~ wmsned to spea~ in ooposition and ~eceived no ~ response. M_~. Harmening moved the a~_op~mon of Ordinance No. 7o-~1 on first reading, seconded by M~s. Jack~on.~.No mmscussmon. M~s. Ci~uton took a roll call vote as fo-mows: Motion carried ~ 0 Councilman Harmening - B_ye Councilwoman Jackson - Jc~e Councilman Strnad - Aye Vice Mayor Zack - Aye ?DJor DeLong Aye -4- MINUTES P~ULAR CITY COb~CiL ~ETING um~w~mo ,~ ~ 1976 BOIN_0.~ BEACH~ FLORIDA Proposed Ordinance No. 76-62 - Re: Amending Ordinance No. 75-~9 by Rezoning a Certain Parcel of Land Located in Section 3], Township 45 South, Range 43 E~t, Palm Beach County, More Particularly Described Hereinafter, from Agricultumal to Planned Unit Development District ~m. Reed read proposed Ordinance No. 76-62 by caption. Mayor DeLong asked if anyone present wished to spe~< in favor of this proposed ordinance and received no response. M ~.e then asked if anyone ~ ~' · ~ese_.~ wmshed %o speak in oonosition and re- ceived no response. -~ Mrs. Jackson moved the adoption of Ordinance No. 76-62,as recommended by the Planning & Zoning Board, on first reading. Mr. Harmening seconded the motion. No discussion. Mm~s. Clanton took a roll call vote as follows: Councilman Harmez~ng - AJe Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye M~yor DeLong - Motion carried 5-0. R~zonlng Re~uest - Mr. yj Taplin (~ytmb~ Inc.) Verbally Withdraw,. Mayor DeLong referred to this being erbal~y withdrawn and Mm. Kohl informed him that a lette~ had ~ ~ -~ - neon received now. ne then read a letter from Wantman and Associates requesting th~s appli- cation to be withdrawn and a~_slng that + ~n the fatur~. ~h~ would be mn ~ouch Mayor DeLong recommended that t- -~ ~ . r ~ ~b.=s be placed on file for zuvure ezerence. Mrs. Jackson moved to strike this item from the a ~ genma and place the letter on file for future reference. Mr. Harmening seconded the motion. No discussion. Motion carried 5-0. LEG~aT~ Ordinances ~ , - ~d Reading O. dmnances ~ st ~ ' ~ .. - ~eadl~,~g Proposed Ordinance No. 76-56 - Re: Amending Section 4(B) of ApPendix A, Zoning Regulat~ OhS to Establish Ba_~dmng & Site Regulations Apolicable to Accessory BUildings in Residential .~istricts ~Tabled) - - M-~. Reed referred to ~ ~ ~ ~' ~ ~ ~ - ~h_~s o~d~na~ce being tabled from a ~r~or meeting and advised that he didn't believe they were prepared to take this off the table at this ~oint. Mayor DeLong an- nounced it would remain on the ~ - -5- MIi~JT~S REGUL~_R CI~- COL~iCt-L ~I.~G BOSTON BEACH, FLORIDa_ DECE~ER 27 , 1976 P-oposem Ordinance No. 76'63 - Re: Adjustment of the 1976-77 Budget to Increase Appropriated Water & Sewer Utility Fund Expenditures to Cover Payment of D.O.T. ~ud Orton Constructio~ Co, Bills - ~.~. Reed read proposed Ordinance No. 76-63 by caption. i~. Zack moved that proposed Ordin~mce No. 76-63 be approved on first reading, '~ seconm~d by M~. Harmening. Under discus- sion, Mayor DeLong stated that he believed t~his oroposed ad- justment had taken place and they received bills~ ~@. Kohl agreed that Orton COnstruction Co. and D.O.T. had both sent bills. Mayor DsLong clarified that they did not have funds available and t~swould take care of them. M~s. Cle~ton then took a roll call vote as fom~ows. Councilman Harmening - Aye Councilwoman Jackson - ~e Councilman Strnad - ~e Vice Mayor Zack Mayor DeLong Motion carried 5-0. Resolutions Q~R Cons_met r~damnification Agreement for ~.~sta!tavmon of Light .~ulbs on ~vo (2) Water Towers M_r. Reed read the following memo dated ecemoer 27, 1978, from Mr. Kohl: "The attached cch=tract between the City and R. B. Linkous is for the installation of the light bulbs on the City's two (p~ water ~owe~. We went out for verbal quotes on this job. Our lowest bid was received from Mr, Linkous ~t a rate of $20.00 per hour. You realize, of course, the agreement is necessary for the p otect_on r ~ of the City. Msj I have your aoproval of this agreement please?,, ~ Mr. Reed suggested that the Counci~ - consmm~r adopting a motion to a~h~ize execution of this agreement. He added that when he prepared the indemuification Agreement, he was not aware of the ~arty ,' ' _ ~- ~ ~tn whom the C~y would be contracting nor the amount to be paid. if it is approved, he suggests the inser- tion of the name, ~. ~. Linkous, and the - sum, $20.00 per hour. ~. Zack asked how many quotes had been received ~ad Mr. Koh~ informed him that this was the only one, because nobody ~u~s to get on top of the water tower and this price is low. -6- Ml~\~TES - REGULcR CITT C0~CIT~ ~.~TING DE~E~R 21 1976 B0~T0~'~ ~ACH, FLORIDA ' ~s. Jackson moved to adopt this agreement upon the recom- mendation of the City Attorney with R. B. Linkous for the installation of light bulbs in two water towers at the rate of $20.00 per hour and the proper authorities shall he in- structed to execute the Indemnification Agreement. ~. Zack seconded the motion. Under discussion, M~. Strnad cuestioned if there was an estimate on the amount of time this-was going to take and ~. Kohl reolied that he ~ ~.~ ~ho~oht it would take a couple hours to replace~one bulb. He added that it would not amount to that much money and $20.00 per hour is low. Motion carried 5-0. COnsider Municipal Depository Agreement Between City and F_rs, .~ederal Savings & Loan Association of Lake Worth ~. Reed recommended approval of this agreement. ~rnam moved to accept the recommendation of the City Attorney and execute the Municipal Depository Agreement be- tween the City ~m First Federal Savings & Loan Association of Lake Worth. ~. Harmening seconded the motion. No dis- cussion. Motion carried 5-0. Msyor DeLong added that it was assumed that the appropriate City officials would execute the agreement. C_~ity Attorney,s 1976 Year End Report ~. Reed read the attached report. Mayor DeLong complimented him on a well rounded report. He announced the Chair would acceot a motion ~or acceptance of suo3ec, report to be spread upon the minut=s of this meet- ing. Mm. Zack so moved, seconded by ~. Strnad. Mayor DeLong cle~ified that it had ~ ~ ~e~n moved and seconded to accept with pleasure the report as submitted by the City Attorney, Robert B. Reed, and spread this report upon the ~inutes of this meeting. Under discussion, Mr. Strnad stated that dur- i~_g -~:s three years on the City Council, he had never seen such an up to date and comprehensive and fast report from their previous at,orkney. Also, he is ~y pleased to say that he doesn,t believe there were half a dozen ~ ~ ~t~s which were asked for and not forwarded. Previously, they had 60 to 70 ~as which were never presented when the former City Attorney left the position. Ph~s. Clanton then took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Y~~e Councilman Strnad - ~e Vice Mayor Zack - ~ye Mayor DeLong - Aye Motion carried 5-0. -7- MIh~T~S ~ REGb~ CITY COUNCIL M~ETI~JG DmCE~R' ~ E 21, ] 976 BOYNTON BEACH, FLORIDA OLD BoSINmS~ First Aid Station at Municipal Beach - M~yor Joe DeLong Mayor DeLong stated that this is something the administra- tion this year has been desperately trying to have accepted by the Town of Ocean Ridge, but so far, they have not had any success. He knows the City Manager has been promised some aid from the State authority, feeling as though the City was definitely entitled to have a first aid station constructed. He believes everyone has been supplied with a recommendation by the Assistant City Attorney outlining the manner in which the City Manager should proceed in order to attempt to have the Town of Ocean Ridge approve this request. ~. Strnad moved to accept the City Attorney,s recommendation and proceed in that direction, seconded by Mr. Zack. Mayor DeLong clarified that it had been moved and seconded to ac- cept the recommendation from the office of the City Attorney under the signature of the Assistant City Attorney, M~chael Smodish, instructing the ~ity Manager to proceed in the man- ner and fashion~ as outlined in the co~municatlon received from the City Attorney dated Decembe~ 3, 1976. Under dis- cussion, ~. Harmeni~g referred to pursuing this for a long time without much success because of the stumbling blocks in Ocean Ridge and in going about it this way, while it may com- ply with all ordinances, rules and regulations in Ocean Ridge, it means they are going to spend a fair amount of money with no ultim~.te guarantee they will approve it. Mayor DeLong re- plie~ that this is something they must pursue and if they persevere and are determined, he believes there will be a course of regress. He is not thinking in ter~s of the small amount of ~oney it will cost, but is thinking about protecting the lives and health of the people who frequent the beach. He referred to having a catastrophe several weeks ago and stated if they had the first aid-station, it would have been a different story. He then gave examples of how considera- tion must be given to the amount of money on certain tkings, but safety must be considered other times. M~. Zack questioned Ocean Ridge,s real objection and referred to it being a service to them and ~. Reed replied that he did not think they objected to the first aid stavion at the beach. Mayor DeLong added that the objections had come from the Town Commission in the past. He explained how plans ha~ been presented but they met with roadblocks and Boynton Beach had then complied with Ocean Ridge's requests. He believes if they follow the procedure outlined by the Office of the City Attorney, he doesn't think they will have much trouble if there is another denial to have a court of the oroper jurisdiction hear the case. ' -8- MINUTES - REGUL~R Ci~ COD~-NCIL M~T±~G BOTNTON BEACH, FLORIDA D~C~R 21 , 1976 M~. Reed explained how they were attempting to lay the proper predicate to o t=~n approval from the Ocean Ridge Town Manager~ b~ ~o obtain a building permit, or to have the Town Co~ucil grant a waiver to proceed with the first aid station, or take it to court just as any other nrivate citizen would do. He then asked if tn~ members of t~e Council received a copy of the December 9 communication from the ~muy PlaD~er to the City Mm~nager spelling out three options where to place the first aid station. The City Planner recommended one location and stated the reasons why. Possibly at the next meeting, the City Cotmcil may want to consider which of the tD~ee options, because it may relate to what set of plans the City Engineer prepares. M~yor DeLong told about the problems in the past where Ocean Ridge wkmted the first aid station and attendant,s hut one place and Eoynton Beach thought it would be more ad- Vantageous another place. M~s. Jackson stated that she did no~ receive a copy of the City Planner's c~mmunlcatmon nor the recommendations from M~. Smodish. She would like to table this until she has a chance to read them. ~. ~ohl stated that they were not making a commm~men~. Mayor DeLong ~unounced the motion was to instruct the City ~nager to oro- ceed along the lines as outlined by the City Attorney, bu~ a motion to table isaalw~vs in order and has ~e e~ ~- ¢ ~ence. ~s. Jack~on ~ · = soa~d she did not receive ~. Smodish's -ecOmmenaa- tlon and M~. Kohl replie~ that he assumed it was sent out to everyone. M~s Jackson stated it was not in tneaa~enda book and Mr. Kohl replied that it was not as it was about ?~ to 100 pa~es. ~for DeLong adds< that it was sent from the Cit~ Attorney's office dated December ~. ~. ~armening replied that he received this~ but not the City Planner's three op- tions. ~. Kohl informed th~ uh=t the City Planner's commun- ication was mailed to Ocean Ridge for their decision. Iv~s. Jackson '~' . stated she would like to know what the options were. F~s. Jackson moved to table this item, seconded b~ ~r. ~armening. As requested~ ~s. 01anton ~ook a ~o~l call vote as follows: Councilman Harmening - ~ve Councilwoman Jackson - Aye Councilman Strnad - No Vice ~yor Zack - No Mayor DeLong - No Motion lost 3-2. M%¥or DeLong requested a roll call vote on the original motion and Y~s Clanton took it as o-lows: · f ~ Councilman Harmening - ~Je Councilwoman Jackson - ~je Councilman Strnad - Aye Vice Mayor Zack - Mayor DeLong - ~e Motion carried 5-0. -9- MI~J'I~S - P~GUL~q CITTCO~CiL~ETIEG DECEMBER 2t 7976 BOTNTON B~AC_~, FLORIDA $865,000.00. Capital im~woveme~t¥_ -. Revenue Bonds - Series 1976 Mr Reed referred to a sheath of pape~s.b .... g delivered by the City M~uager,s oxz_ce~ todey perta_nzng_ to t~_sh~ and also to one letter included in the agenda book. He then read the t~ ~ - W~ll_am R. Hough & Co, a ~=cned letter dated December 13 from He explained that the purpose was to extend this comr~tment on the part of the City and William R. Hough & Co. to Jan- uary 20, ~977. He suggests a prudent cours~ of acvion to take would be to table this matter until the new Council is seated on January 3, so they '~' mm~n~ determine to proceed with this matter or rescind actions taken. M~. Harmening moved to accept the City Attorney,s recomm, enda- tion and table this agreement, seconded by M~s. Jackson. M~s. Clanton ~ook a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson Aye Councilman Strnad - NDe Vice M~yor Zack - No M~yor DeLong - No .oomon lost 3-2. M~vor DeLong stated he certainly appreciated ~n~ City Attor- ney,s interest, but thinks it certainly would not be to the advsmtage of the people serving on the present Council who have fought so h~d for t__eseh improvements to improve the City to jump ship at the last minute. He announced a motion ~.s in order to grant the extension and have the aoprooriate City o fmcmals execute the agreement of extension. ~. Zack so moved, seconded by ~. Strnad. ~-~yor DeLong clarified it had been moved and seconded to comply with the City's Fiscal Agent,s letter of December ~3 and grant the extension and have the appropriate City v~ - ~ o-~cta~s execute the agreement of exten- sion. Under ~' ~ ' Harme_~!ng eze_rea to being against this from the beginning and stated it seemed not to allow this to bs decided by the incoming Council. This was sort of ~ ~' '~ ' h a c~mpalon issue in some quarters and t~_e~e peop!e~ regardless of th~ action tonight, will be in the position of whether to -~ s~ena money. Mayor DeLong replied that the point was well taken, but it seems it was the consensus of opinion of the majority members of the City Cou~cil that this cular capital improvement phase will definitely benefi~ the City. They are definitely going to give the new Council the opoortun~t ~ -~ -- y ~o rescind_ any actions t~ken here 5on~nt.' ' '~ ~s. uac~son stated that he was telling the people what he feels is good for them and not ±e~t_ng* ' ~ them dec~e.' ~ replied +~ Mayor DeLong ~n~ he was not doing ~ything more~.~an what sh= did previously and referred to her voting_~o~_ *~h~= police station without referendum ~ad used the same source of revenue. Jackson reolied_ that the old ~ool~ce- o~atlon~ ' was ~o_demned.'~- ~ - M~UTES REGUL~_M CITY COUEC!L MEETING DEC~ER 21 1976 BOYNTON BEA~_~, FLORIDA ~%-or DeLong referred to the referendum for the public library and how the fund of $250,0e0 was inadequate. He explained how his recommendations regarding this had been to the citizens' advantage. ~s. Clanton then took a roll call vote as follows: Councilman Harmening - No Councilwoman Jackson - No Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 3-2. Mayor DeLong ar~_nounced they would proceed and requested the City M.anager to~convact William R. Hough & Co. the first thihg in the mo~ning. ~. Reed referred to this s~me item and stated that ho.oefully all the Council members had received a copy of a lette~ dated December 14 from Attorney Gene Moore representing P~r. & M~s. ~pes objecting to the bond validation suit and ~ ~- ~h~y have appea~lem th~ decision.-' ~~i~ ~ ~-----'~ - See Min ..... , ~ ~o~arGem coples of hms letver in response dated ' of 1/3/77. December 20. Basically what he is recuesting is the Co~cil's approval of his recommendation that t~e City ~ree to a stip- ulation extending the time for the appeils~t's reply brief to J ~ anu~y 14~ ~977. Ee added that Mr. Moore filed the appellant's reply brief on December ~0 and the City briee w~ due December 20 and Mr Moore would ~ ~ ' ' - na~e f~ve to eight days to reply. Based on suggestions set forth in his letter, they are request_ng the City to grant an extension of t~m~ to file the brief. The ~- te~nat~ve i~ }~. Moore ha~ filed a motion with the circuit court for a hearing on December 23. The case has been appealled from the circuit court to the Florida Suoreme Cou. rv. ~. Moore ~uows he has an o~ti~ ~ ~'~ ~ ~-. ~ ~_ ~.~ ,~ - . ~ ~r~u ~!~ a rep~y or~e~- in response to ?n~ ~m5y o ormef and m~ must be filed by December 2~. What ~ ms eques~ing is to be oermitted to have an extension of t~e in which to file the b_mex. If they don't stioulate to that, I~. Moore has a motion requesting the court t -~ - O 8*s~t ~ exten- sion of time say for the of December 23 if the City Council is ---~ - morning unw_illng ~o approve this request. M~. Zack stated tha5 if this case is set for December 23, they should go on with it. ~. Reed informed him that the *.e~.r~ng ws~ nu~ set for December 23, but what was going to be he~d on December 23 was merely his request for an exten- sion of time in which to "'~ - x~e his redly brief. This hearing will be before the circuit court and not the supreme court. 7 ~ Mayor De~ono stated it would appe~ that this Council has already taken previous action and ~ns~ruc~em the City Attor- ney to defend ~ - ~_e appeal, i~. Strnad questioned the advan- tage of this request and Mayor DeLong replied that it would MiNUTES - REoULAR CITY ~O0~lW~ ~ETI~G BO~rNTON BEACH, FLORIDA '~ ~ ~ 1 976 D~C~mR 2~, accommodate M~. Moore. Mr. Reed replied that he thought the practical advantage would be if the next Council seated on January 3 were to take some action contrary to the action taken by the present City Council with respect to the issue of the bonds and bond validation suit, the-advantage to the City would be the possible elim~ination of f~3mther costs in- volved in defending the appeal. It would not be ~rejudicial to the City to allow the opposing side time to fi~e a reply brief on a date after the new Co~mucil is seated. Mayor DeLong rep~med that he believed everyone was acquainted with the situation. Mr. Harmer~ing referred to many dozens of law suits in the past in which one counsellor ~r the other requested an extension of time. He can only recall one or two cases where the extension was not granted. Due to the short time involved for the re- ply to the City's brief e~ud considerin~ the time period due to the holidays, he asked if Mr. Reed ~ould caretto venture a guess as to what the circuit court verdict might be? Mr. Reed replied that this was not his usual oractice, but he would not be su_prmseo_ if the judge granted Mr. Moore,s motion or if he denied the motion. Mr. H ~ armenmng made a motion that the City Attorney be instructed to enter into a stipulation of ~greement with the Counsel of the Appel!~m~ts ~o grant the extension. _Mrs. Jackson seconded the motion. Under discussion, Mrs. Jackson stated that it seemed to her there have bee~ times when v.~ms City has asked for an extension of time on cases and any d~e~ ~ ~ ~h~s is certainly not ~er~n~ Mr. Harmening clarified that his motion was primarily in accordance with what M~. Reed suggested earlier ~nd he thinks this will save the City money regardless of the outcome. ~. Strnad stated that Mr. Moore was oonosed to their wishes and he doesn't see why they should give h~_[~ additional fuel. ~s. Jackson remarked that any law suit has opposition. .Mrs. Ctanton then took a roll call vote on the motion as fol- lows: Councilman Harmening - Aye Councilwoman Jackson - ~e Councilman Strnad - No Vice Mayor Zack - Mayor DeLong - ~[o Motion lost 3-2. Meyor DeLong announce~ a motion was in order to instruct the City Attorney to proceed with the defense of the appeal. ~. Zack so moved, seconded by Mm. Strnad. Mayor DeLong clarified that it had been moved a~~~ seconded to instruct the City Attor- ney to continue with the instructions orevious!y received from the majority members of the City Council and defend the in this ap~eal. P~s. ~ ' ~anvo~ took a roll call vote as follows: Mi~NJTES - REGULAR CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA DECE-~F~R 21, 1976 Councilman Harmening - No Councilwoman Jackson No Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - ~je ~o~_.on carried 3-2. BUS INESS NOh~ ADMIN IS TRATIVE Request Approval for Additional Technical Assist~uce - Village Royale on the Green M_~. Eohl informed the Council that this request was received from the State Attorney's-o~fmc~ advising that the Grand Jury requests this action Copies of the correspondence are on ~zle. ~ney he~¢e been advised to retain an independent ~' mng Inspector, an independent Engineer, and an independent ~Ire Inspector, who are to work under the direction of the Building Official. The purpose of these independent ~ndmvmdua~s is so ~h~ City may receive an unbiased and objective report regard- ing alleged violations in this development. These men will be temporary to complete the investigation at Village Royale on the Green cond~ ~- -, , - ~m_,nlum apartments, and to comply with ~he Grand Jury,s recommendation. Their conjecture on the timing is that this independent investigation could run from t~ree to ten days. M~. Zack moved that the City Manager be instructed to hire em independent Building Inspector, an indenendent Engineer, and ~de~e~ent Fire Inspector to work u~uder the direction of the Building Official to ' '~ mnvesv_ga~e the alleged violations at Village Royale on the Green~ ~-irs. Jackson seconded the mo~ion. Under discussion, M_r. Strnad re~ar;~ed that has ~ ' it taken a long time to get this far and he thin~ they will see some results. Motion carried 5-0. C~ns_m~_ Reco'~_~,~endation from Utility Director, M~. Perry Cessna, Re: Pointe Overlook ~easibility Study Mr. Kohl read the attached memo dated December 6 from Mr. --y Cessna. Mr. Harmen~n~ moved to acceot the check for $1,500 and author- ize Russell & Axon to conduct a feasibility study to ~ ' ' ~,e~erm~ne whether it is ~ f.asmo±e for Pointe Overlook to connect onto tn~ City's sewer and -~* ~ ~o.~e= facilities providing they can get a release from the Bristol Springs f~a~i~e. ~@s. Jackson S ~ ~ econmed the mot=o~. Unmer discussion, - ..ayor DeLong stated he wanted to advise the engineers to be very careful. He -13- MINUT,~S REGULA_R CIT? COb~-CIL M~ETING s~v!-,~TO~,~ B~AC~, FLORIDA DECE}~ER 21 , 1976 sta~dhe believed Poin~Overlook was in healthy condition in so far as the laying of the sewer lines, but explained how they would probably find a different situation at the Sand Castle Development. M~. Zack told about situations in northern cities. He ex- ~a~ned how hs was concerned about this and would be in favor of it if it is annexed. Mr. Strnad stated that to accept $I ,500 for a feasibility study was putting the cart before the horse. ~aey have not gotten a re,ease from Bristol Springs. He thinks the proper order would be to get a release from Bristol Sorings and then pursue this, Furthermore, he would not be in ~avor of taking these people in until they find they have an adequate system to handle the reserve and annexation areas. ~. Kohl in- formed him that Points Overlook was in the reserve area. Mayor DeLong referred to Sand Castle also being in the ser- vice area and stated he felt a separate te~ district should be formed for all present repairs that must be made to be born by the users of that present system and not by the resi- dents in this City. They should a~ua~vze this a little further. They have to take into consideration that this is only a re- quest for a feasibility study. This will give them the oppor- t,,~nity to see exactly what they have. in no sense does it commit the City of Boynton Beach to supply service. It will be up to the pecple who maketthe study to make a recommenda- tion. Regardless of the recommendation, it will still be within the ~ ~ '' ~rerooa~mve of the Council to approve or reject. He cannot see why they should not go ah.~am~ ~ with ~he feasi- bility study as it will only be a matter of time until the regional plant is built. i~s. Jackson stated she did not believe they could annex them as they s~e not ~ · ~ ~ contiguous and also, they do caazge anyone outside the City ~25%. ~. Zack reolied that he ~ew that, but thought it was contiguous. ~ - ~ ~ ~ ~. Kohl mnfor~nea them that it was contiguous at a very ' ~' sma~ pa~t. Mayor DeLong stated that this could be oemt of the arrangements ~£ter %~{~Study has been made. ~ w~. Strnad questmo__ed how ~ne $1,500 was arrived at alcd Mayor DeLong replied that this is wnat~' they feel will'o~ the cost of the feasibility study. Mrs. Jackson added that she be- l_eved this was recom,,~nd~m by the Utilities Director and she is s~_e'~,~ he put in a great deal of thought Hayor DeLong stated that ·~ ~ ' ~e results would be up ~o the incoming Coumci!. Motion carried 5-0. Consider Excavation ~ ~ ...... aequest - Hardrives~ Inc Mr. Kohl referred to correspondence being received from Hat- drives, inc.,pertainir~ to this request. This is being -14- MINUTES REGULAR C~TY COUNCIL MEETING ~. ~ ~ORIDA BOYNTO}~ B=ACH, D=CE~.~F~R 27, 1976 referred to the Council according to Chapter 70, Excavations, Page 779 and 780 of the City of Boynton ~each Ordinances. The proposed dredging and filling operation will be restricted to w~tn~n the property lines of the olattedl~ts and no damage could be done that would require a b~nd to protect the City's interest in our opinion· A drawing of the area is on file. ~.~. Kohl added that he had talked to the City Attorney, Build- ing Official and City Engineer. Mayor DeLong stated he was a little disturbed with his reauest for the Council's wishes. They ~ ~ ~ - ~=y Dsople good sa_ar_es with experience in this field and would like a recommenmat_on. M~. Kohl cls~ified that their ~ ~ ~ ~ecommenma~on was to do it, but the C_~y CoUncil must rule. M~yor DeLong requested t_he recom- mendation to be stated in the future. ' ~. Harmening moved that the excavation request from He, drives, Inc ~ -~ · ~o~ Lake View Haven be approved upon the recommendation of the City ~ ~ - ~Uaoer and other City officials· Mrs. jackson seconded the motion· Under discussion, Mr. Zack questioned if they should have a bond and ~yor DeLOng w ~ as~_em if there was a performance bond and M~. Kohl replied: no. Mayor DeLong questioned the reason and M~. Howe~ ~nformed him that he mmscussed this with Mr. Clark and the way this situation is, the man is really digging on his own property. There is roughly a ~00 to ~20 ft. canal in there. There is a 60 ft. canal minimum which would be left· Alt the excavation will be coming off the land owned by this property owner; the. e- fore, whatever he takes out and olaces to fill the lots ~oulm be an improvement. They did not feel a bond wou~d be neces- sary~ - ~s Jackson asked ~ ~ this canal was going to be taken cem~e of by the developer with reference to the ~- ~ weeo~s and Y~. Howell informed her that this canal does exist and is on City property. It will be less of a canal width-wise than now, but will be deeper which should eliminate some proo_~em~. ~. Reed advised that also recuired by Chapter 70 of the Code, they could ~ ~ - - norm~l_y indicate ~he amount of soil to be removed, but they did not feel it was necessary because ~he amount of soil to be removed would be added to the applicant's existing lo~. There would be no refilling and they did not feel it was necessary to]~have a performance bond. However, in the ~ney~should indicate, according to the code~ a rea- sonable amount of time to begin and finish the work and auth- ~ ~ pproprma~e City oIfmcmals to enter int~the ap- P--~ca~on. Mayor DeLong replied that they would have gladly done this if it was recommended and he requested the record to reflect that this also came from the recommendation of the City officials concerned. ~. Harmening included in his motion that the applicant shall be given three ~months time to com~te excavation and to ~ ~ ' ~u~normze the proper City o~cmals tO e~+^~ ~ ' · ~=~ into an agreement. Motion carried 5-0. MiNU~S - ~GUL~ CiTY COUNCIL .W~ET!NG ~ ~ v , r~ BOYNTON BEAC~, F.~OR~.,~A DECEMBER 21, 1976 COnsider A~pointment to Boynton Beach Housing Authority - Table8 ~L~. Zack moved to remove tn_s from the table, seconded by M~. Harmening. Motion carried 5-0. M~s. Jac~on referred to two people being nominated for this position and ~. Zack stated they were to find out information regarding the m~eup of this Board. ~. Kohl advised that he did call the Board Chairman and it was not required as told to him previously. Mayor DeLong announced they had received the nominations of Blanche Girtman~md Ae~on~Brodsky. Mayor DeLong conducted a roll call vote on the nomination of Blanche Girtman as follows: Vice Mayor Zack - Pass Councilman Hs~mening - Aye Councilwoman Jackson - Yes Councilman Strnad - No Mayor DeLong - No Mayor DeLong conducted a roll call vote Aaron BrOdsk$- as follows: on the nomination of Vice Mayor Zack - Yes Coumcilman Harmening - No Comacilwoman Jackson - No Councilman Strnad - Yes Mayor DeLong - Yes Mayor DeLonE declared ~. Aaron Brods~ the winner and requested the City Clerk to notify Mr. Brodsky of his appointment. Consider Zoning Ao~roval for New Beverage License - Dragon .... pr~se, Inc 3609 S. Fede~a~ Hmgn~e~ (Gu!fstres~ Ma~ Sho~in~ Cent~i' ~ - - "' ' - -~ I~. Kohl read the applicatmon and advised that everything was in order, ~s. Jackson moved to approve the application for a new bever- age license for Dragon ~ '=~ r~= Inc., 3609 S. Federal High- w~. ~. Harmening s~conmed the motion. No discussion. Motion carried 5-0. .Qther M~. Kohl referred to the Sam ? ~ _mc~ court case and stated he would like the concurrence of the Council with ~. Howell, ~. Clark, M~. Cessna and ~. Simon's recommendation to go along. He then read the recommendation suommtved. MINUTES - R~G~_R CiTY vu_~_~ MEETING BOYNTON BEACH, FLORIDA ~ ~ ~ ~ 1976 ~CE~E~ 2~ , Mayor DeLong stated he wanted to move on the acceptance of this aEreement, but first wanted to recognize M~. ~esident o£ -,~ne Point Villas as he has been to cour~4and a~m~ the settlement. He asked if this was in m_ne with what he felt was equitable. ~. Dysick replied that his understanding after talking to M~. Simon was ~hat ~he ~eve!oper would repair ta~ l=z~ s~mon to the specifications required by the City. A±so, he will put in 6'~ ~ement in the cases of the wa'cer pipes belng too close to the building, re he aoe~ this, they will be satisfied. They ........ ~an~ the ou~±m!ngs put up. Mr. Harmening moved that the City Council ratify the stipula- tion agreement entered between John H. ~l~on, Realtors, and Se~ T_ck vs. Edgar E. Howell ~ud the City of Boynton Beach. Mrs. Jackson ssconde~ the motion. Under discussion, Mrs. Jackson asked if this was going to be maintained by the City and ~. Eon_ replied that it would be after it Was all com- pleted ~ · ~rs. Clanton then took a roll call vote on the motion as follows: Councilman Harmening - Aye Councilwoman Jackson - ~ye Counci!m~n Strnad - Aye Vice Mayor Zack - .~¢e Ma~vor DeLong - ~ve this also authorized the Cvy offmcials Motion carried 5-0. ~yor DeLong added that to execute any signi~. Ap~proval of B~i~ls M~. Kohl read the following bills ~. i.B.M. Cor~. for approval: the month of December Computer rental for ~rom budgeted ~unds 001-890.38 2. Penwalt ~Chloride for Sewer Plant Pay from budgeted funds 030-822.65 x ~o~Ynt~n Beach Cnmld Care Cen~er ~er school care program - Ja~ Pay from budgeted funds 020-880 Ordinance #73-~5, passed 5/15/73 4. Florida East Coast Railw~ Co. innual maint~enance of crossing protection Pay from budgeted funds 001-855.53 Agreement signed 8/18/7t 2,967.00 1,287.56 lac 2,817.00 thru March 1,950.00 MI~JTES - REGUL~M CITY COL~CIL MEETING BOYNTON BEACH, FLORIDA 5. ~ongview Lime Lime for Sewer Plant Pey from budgeted funds 030-822.65 Rubin Construction Co. ~SDhalt concrete Pay from budgeted funds 001-854.35 7. !siah Andrews 'Driver for Senior Citizens Club - 2 weeks Pay from budgeted funds 020-880 8. Willie ~ ~ ~ Ruin ~c~ra~y '~erVer for S~nior Citizens Club - 2 weeks Pa~ from budgeted ~unds 020-880 Ordinance #73-15, passed 5/15/73 9. Allen Insurance ~ency Liability InSurance on 2 ambulances Pay from General Fund 001-885.30 Subject to approval of transfer 10. 12. 14. 15. DECEI~ 2~ , 1976 1,728.00 1,043.18 110.00 96 · O0 2,54~.00 R~sell & Axon 6858-24-CP 'Engineering services for ~ater Distribution Main - S. W. 23rd Avenue Pay from Utility General Fund 030-205 ~arile Excavating & Pipeline Co. - Fir~l ~ater Distribution Main - S.W. ~3rd Ave. Pay from Utility General Fund 030-205 Contract dated 8/27/76 Pipe-Rite Uti!ities~ Ltd. - Final Lift Station ~t9 Pay from Utility General Fund 030-215 Contract dated 9/9/76 1,294.22 27,096.00 7,532.00 Intercounty Construction Corp. ~'ater Treatment Plant Expansion Pay ~rom Atlantic National Bank 1975A Series Contract dated 7/9/76 37,881.27 Russell & Axon ~858-1p-CPR inv. #4 'N&gotiations With ~t~ co~ ~acto~s regarding Change Order #1 Pay from ~ ~ ~ '* ~mi~y General Fund Authorization dated 5/8/74 Russell & ~xon 6858-15-CPR Inv. #5 ~sident Inspection and Resiment Engineering services during construction at Water Treatment Plant P~v from Utility General Fund 030-205 Authorization dated 5/8/74 3,781.70 4,0~6.05 Mi~TES - REGULAR CiTY COb~CIL ~.ETING ~OYNTO!~i BEACH, FLORIDA Russell & Axon 6o58-~I-~ Inv. #~3 ~g_nee~lng services in connection with Phase II Sewer System Evaluation Studies · o_ PL 92-500 Government Grant P~y from Utility General Fund ~0-215 u~-~orlzat~on dated November 20, ~973 DECE~R 2~, 1976 16,060.23 ~7. T~ ' ~opmcal Acres Restaurant 1,35t.80 'Board and Committee Din~rs ~8. Reed & Smodish 400.00 ~855,000 Bond Validation Mr. Kohl stated that the bills described have been approved and v ' ' ermfmed by the department heads involved; checked and approved for payment by the Finance Director; funds ~e avail- able in their respective budgets and he recommends payment of these bills. M~. Zack moved to pay the bills, seconded by Mr. Earmening. Under discussion, Mayor DeLong asked from what account the Board dinners were being paid and ~L~. Kohl replied it w~ under PromOtion, h ~ the '~ Z .... C_~amber o~ Commerce. ~s. Jackson asked if ~en ~s~rance bill was for one yee~ on the two a~bulances and ~, Kohl reolied that he was quite sure it w~s as insur- ance is very high ~orambulances. ~ ~' ~o~lon carried 5-0. ADJOLrRN~NT Mr. S rnad moved to t ~d3ou. n, seconded by Mrs. Jackson. Motion carried 5-0 and the meeting was properly adjourned a~ o. ~ ~.3P P. CITY BOYNTON ~EEC~, FLORIDA BY 'or ATTEST: ~ City Clerk Recording Secretary (~o Tapes ) Council ~mcil Mem~-~ Co~ft Memo~r~ ~ DANIEL T. K. HURLEY COUNTY COURT JUDGE 305/837-~56 November 30, 1976 cm Dear Members of the Boynton .Beach City Council: At the outset let me apolog%ze' for this indirect and impersonal method of communication. Time, however, is sho~t and I-felt it was important to contact you as soon as possible. I have been assigned by the Chief Judge to serve as the resident judge at the County Courthouse in.Delray Be~ch and at the branch court in Boca Raton. This is'an assignment which I welcome amd I look forward to the challenge of developing a full service court in the southern part of the county. As we begin the final phase of implementing Article V and replacing our Municipal Courts. with the County Court system, I believe it is more important th~n ever that both branches of government -- the municipal legis- lative bodies and the local .conrts_== restrain ~pen to each other, consult. with each other, and solicit each other's advice. In this regard, I want yon to know that if you think it would be beneficial, I would be happy to attend a future workshop or meeting of the Coancilto answer any questions that you might have and to discuss the proposed schedule and range of judicial services that will be available to the citizens of the south county area° I would also like to inform you that I am in the process of estab- lishing a citizen-Iawver advisory committee to study the operations of the County Court during t~e next six months and to report on how the Court's services-and_ functions_might3oe improved.-- I am-hopeful--that~some~of our present Municipal-Judges together with.~members from. the South Associatio~and °the~'cTt~tz~-ns~fr°~-~he~-a~ea'w~t~ibewitli~g~to participate in-this project. To: Mayor Joseph DeLong Vice Mayor Joseph Zack Council Member Emily Jackson Council Member Norman Strnad Council Member Edward Harmening From: Robert B. Reed, City Attorney Subject: City Attorney's 1976 year-end report In accordance with the motion action taken by the City Council on June 15, 1976~, - I submit the following "City Attorney's 1976 year-end report" reviewing the professional services rendered and legal actions undertaken by the City's legal department during the 1976 calendar year: 1. Continuous availability on priority basis of services of City Attorney, Assis- taut City Attorney, our fire's legal aide and secretarial staff, as well as former City Attorney, Ernest Simon, who acted in behalf of the City in "carry-over" cases noted below. The establishment in 1976 of the portion of Assistant City Attorney for the first t/me afforded the City dual counsel of record in controversies being litigated in court. 2. Representation of the City in 28 lawsuits, 11 of which have been concluded with 17 pending, including 3 cases currently on appeal. 25 of these 28 suits related to defense of the City in controversies instituted by other parties. (See Exhibit '.~A" for detailed listing of lawsuits. ) 3. Preliminaz~ legal and factual research and preparation of 6~ordinances, wh/ch, among other things, operated to create the Building Board of Adjustments and Appeals; authorized-a-fra-fich/se.grant 4;~Flor~ada-Power~&.Light C~.;~eStabl/~hed_anew -- procedure-for the ~vacation~nd abandonment of City ~lreets-a~d~ease~%s;~p~ad~d~-~-. City er~ ploMee~oen_siar~plan_s;=and~s~t guidelines upon~whiab-t-nndLtlonaP,~.~-~na- non-conforming uses ~and~$~'uct~_.rea-would be-per~-nitie~within the City, as well as 14 other measures amending- %he zoning bodedn v-ariou~-respectsu~ Prelimin~rs~dr~fts - of ordinances are currently pending adoPling regulations regarding tree preservation andior landscaping; revising the existing Code chapter_pertaining ~o cable television systems; codif3ring the establishment of a housing authority; modif3ring the prese, ut building code; and amending the police and firemen's pension plans. -(See Exhibit "B" for detailed listing of ordinances .) 4. Preliminary legal and factual research and preparation of 70 resolutions communicating formal requests by the Council for af~rmative action by other gover~- mental units; granting authority for the execution of various agreements .with unions, private individuals and interlocally with neighboring municipalities; directing comple- tion of multiple public improvement projects; establishing a new annexation procedure; approving various financing projects; ratifying abandonment applications; and amending the Civil Service Rules and Regulations. (See Exhibit "C" for detailed listing of reso- lutions. ) 5. Rendering over 600 oral and written opinions to the City Council, City Boards, City Manager and department heads on daily basis concerning legal problems or questions, including over 1,000 telephone calls, conferences with City staff, legal research and periodic reports to the Council relative pending litigation and contingent liabilities involving the City. This service, while being the least susceptible of detailed listing, constitutes by far the most time-consuming aspect of the legal department's operation. We have been receiving requests for legal opinions indirectly through the City Manager's office and diFectly ~rom Cdffncit M~fn~b~rs. dep-aLrt~6nt~he~ds anti,h-e- public at an estimated average rate of twelve (12) per week throughout the year. 6. Attendance at over 50 meetings of City Council, advisory boards, ad hoc committees, administrative staff and citizen groups; conferences with municipal fiscal agents, engineering consultants, planning advisors, developers and pension plan counsellors; representation in closing of 1975 $6.5 million water and sewer revenue bond sale and p_urchase of joint interest in regional sewer plant site. 7. Apprising the City by memoranda and orally from time to time as to changes in Federal and State statutory law and current court decisions which affect the City's operation. 8. Preparation, review, approval, negotiations and counselling of Municipal Officials with respect to contracts, bonds, leases, agreements and other written instru- ments to which the City is an interested party. The foregoing is a general comprehensive report of the legal services furnished the C~ty during the calendar year 1976 and represents an expenditure of an estimated 3,500-~oursfor the year~ or a~ average o~. approxi_matety~7 hours~per_--week devoted to the=matters discdssed-abov~-~unthe~, ~vhite-{he~.xvor~ de~en% hai~-bs~nt~l~ ~used omc= ihat ~_prio~e~s~nt~sc~ ~e~ expeqdi~re~ ~ncl~d~ s~azd~_~fa~an~dmi~istra~e~sis~xe~d In conclusion, in behalf of the Assistant City Attorney, Michael Smodish, and myself, I-wish-to express our:appr_eciatio~i'for4he_cooperation and~ssistance shoe us as general counsel for the City this past year. CITY OF BOYNTON BEACH, FLORIDA RBR/s LITIGATION INVOLVING CITY OF BOYNTON BEACH, FLORIDA FOR PERIOD DURING CALENDAR YEAR 1976 LITIGANT EXPLANATION t. Webco Developers, Inc. Litigation concluded; final disposition favorable to City; court denied Webco's attempt ~o convert a portion of its motel, zoned C-S, to condominium use. Pratt (water rates) Litigation Concluded; final disposition favorable to City; suit against Cily challenged constitutionality of City's water rates. 3. Peninsular ~ropertie-s, Inc-.- Litigation~oncluded;,- final- disposition- favorable -to City; City rezoned property tm zoning requested by Peninsular Properties. 4. Nutter Litigation concluded; suit for Mandamus; suit to compel City to permit Nutter to complete construction of building in C-4 zone and use same for custom cabinet making settled in light of City's amendment of C-4 zone to include said use. 5. Sokal Litigation concluded; final disposition favorable to City; Palm Beach County Circuit Court case against City for alleged false arrest, false imprisonment, etc. 6. Sokal Litigation concluded; final disposition favorable to City; U. S, District Court case against City alleging denial of Sokal's civil rights under Federal law and seeking injunction to prevent City from proceeding further against her in Municipal Court. Slurfsr:Seal ,~ ~Inc~ -- 8. (DOT) Seminole-Feed Mitts~ Litigation eonctuded;-42ity gr~nted easement-and right to - maintain utility lines relocated as a result of 1-95 construction .' 9. Donald Clark Litigation concluded; appeal by City fireman to Civil Service Appeals Board relative his dismissal by City Manager; resulting in decision to reinstate employee after period of suspension without pay. EXHIBIT "A" 10. Re1 Reeves, Inc. 11. 12. Lehigh Portland Cement Co. Lehigh Portland Cement Co. (Declarator~ Action) 13. Tisdale's Sanitary Service, Inc. 14. Seagate of Gulfstream Development Corp. 15. N.R. Field 16. Pratt (time softening) 17. -- Villa~ .Ro~ale¥ -Inc ~ - 18. Casolaro Litigation pending in County Court; City,'s suit for water and sewer bill owed to City. Litigation concluded; City's certiorari appeal denied as well as its Petition for rehearing, the effect of which is final affirmance of the original Order entered by the Circuit Court requiring issuance of building permit to Lehigh; both cases had been consolidated and were handled by former City Attorney, Ernest Simon. Appeal pending by Tisdale to 4th District Court of Appeal from Circuit Court decision vacating judg- me~tagainst City for alleged unjust enrichment result- ing from changing site for dumping sludge. Litigation pending in Circuit Court; suit against City challenging fixed water and sewer rates as applied to unsold or vacant apartment and condominium units on the ground that said rates are unconstitutional; also challenging constitutionality of City's refusal to permit contracting with private garbage collection service. Litigation pending in Circuit Court; suit by Field for accounting and to recover sewer connection charges collected by City, etc. Appeal by Pratt to 4th District Court of Appeal from Circuit Court judgment in favor of City; suit against City to obtain injunction against addition of lime softening process to City's water treatment systemL Litigation pending-in-Cirouit~Co~i;~;suit against: City for declaratory-~udgmentand~un~fion~o:preyan~- City from-fur t he~p ro s~ecu f ~iug~devetoper s_~Village~_: ~_- Royal~ fcm~iolations~f Ci~y's~buildin~qde~ ~ Litigation pending in Circuit Court; suit which, as against City, claims ~hat the City failed to perform building inspections during construction of Snug Harbor Gardens condominiums or, in the alternative, did so negligently, resulting in floor sinking and settling, walls cracking, plumbing problems, etc. 2 EXHIBIT "A" 19. Turner 20. Pfaffenberger 21. McCaughan Mortgage Co. Inc. 22. -- Norman~,Michael - 23. Walters 24. W.T. Grant Co. 25. Nixon and Tick 26. 27. Rinker Materials Corp. Rinker Materials Corp. (third ~party.-action) .. 28. State of Florida, et al Litigation pending in Circuit Court; companion case to No. 16 above, based on similar allegations and requesting same relief. Litigation pending in Circuit Court; companion case to Nos. 16 and 17 above, based on similar allegations and requesting same relief. Litigation pending in County Court; suit against City to recover water and sewer bill incurred by prior owner. paid under protest by new owner when City refused to restore water service to property until old bill was paid. Litigation ~pending -in- Circuit ~ourt;~zoni:~g- --~ case; suit against City seeking to rezone to C-1 and C-2 property presently zoned residential. Litigation pending in County Court brought by City against Walters to recover cost of repairing damage to City Police cruiser resulting from automobile accident (approximately $1,200). Bankruptcy proceeding pending; City has potential claim against Grant's for water, sewer and garbage charges. Litigation pending in 'Circuit Court; Mandamus action for issuance of building permit; non-jury trial set for 12/20/76; being handled by former Ci. ty Attorney. Ernest Simon. Appeal to District Court of Appeal by City resulted in 10/29/76 reversal of Circuit Court's Final Judgment dis- missing Plaintiff company'~omptaint~equesting entry of a judgment declaring that Rinker's ready-re_ix r, oncrele .... plant c onstitutes~a, permissive-use. ~. . _ i~-~he C3~-~ aM~4'~onin~ d~stri~t._ fl~he effecfofzAppellate. Cou~cL~opinio/rfsuthat4m ~ evide~ibiary hea~ing~On ~he i~s ~u~ s~invo]ve¢~ m~t m oW_~e~ held in-the Circ~i~--Cou~rt:. Both'cases have been consoli- dated and are being handled by former City Attorney, Ernest Simon. Appeal taken by Intervenors pending before Supreme Court; 10/29/76 Circuit Court Final Judgment validated City's issuance of $865,000 Capital Improvement Revenue Bonds, Series 1976. 3 EXHIBIT "A" ~ 76-1 76-2 76-3 76-4 76-5 76-6 76-7 76-8 76-9 76-10 76-11 76-12 76-13 76-14 76-15 76-16 76-{-7: 76-18 -- 76-19 76-20 76-21 76-22 76-23 ORDINANCE INDEX Rezone Lake Addition Rezone Central Park Repeal 75-43 Create the position of Assistant City Attorney TV Antenna permits TV Antenna construction and installation Adjustment of 1975 fiscal budget Amend Sections 30B- (H) (%) and 30B-32 (I) (1) (b) 2c F.P.L. Franchise Annexation of Cogen property Building Board of Adjustments and Appeals Disposition of unexpended revenue sharing funds Beach parking permits Clean-up bond Rezones Sears property Amends Sec. 6 (B) & CC) re: Outdoor displays (Z) S wire mtn g-Pobl-Co de~{Ch~t~ _~25t~, Changes R-I~-AAA -sideya~d~et~adks-(Z) -t Non-conforming uses and structures (Z) Prohibits-Farmers/Flea markets (Z) Designates P&Z Bd. as local planning agency (Chp. 163) Rezones Miller property Tree Preservation (Tabled) EXHIBIT B 76-~4 '76-25 76-26 76- 27 76-28 76-29 76-30 76-31 76-32 76-33 76-34 76-35 76-36 76-37 76-38 76-39 76-40 76-42- - 76-43 76-44 76-46 Amends Swimming Pool Ordinance Approves plat of Lake Worth Mariner Village Changes date - EE annuity payments made (}1-25) Vacation & abandonment Changes City Planner to classified position Changes City Engineer to classified position Amends 5-2. t to require bldg. materials be removed from project site w/in 6 mos. Amends~23A=/_re: __Sewer_Service Charges Spec. Ref. Election Amends Chp. 15 re: licenses to move juris, from C/Clerk to C/Mgr. Amends Charter Sec. 84 to permit budget adoption no later than 3rd Tues. in Sept. each year 1976-77 Budget Adopted 1976-77 Millage rate fixed Amends 2-4.8 to adopt revised Organizational Chart Approves Plat of Replat of Gulfstream Ests. Plat No. 2 Amends Sec. 6 (c) (1) (K) to establish building & site regs. (re: Webco) (Z) Corrects See, _10A3 of. Zoning l%egs, to designaie Chp. 163 as Chapter under_ which Board of Adjustment-operateg~(Z) Adds-~ec~ --4. (L)?'Pr~teotive ~B uffe~ "--~to' Zoning~Regs~{ Z ) Amendmei~i-re: S ec~ ~- 2 t-:~--~ 2 ,~B~re~ _~ity J~Ianager/s _powers Amends_C4aarter~Sec~ _49 ~e: ~gener~al=prov~sisns re:'~ adm.. ~f departmenk~--~- Amends Plumbing Code re: use of PVC pipe Amends Sec. 21-86, 21-92 re: Investments of Police & Firemen's Pension Boards Establishes Sec. 11.2 of Zoning Regs. re: Conditional uses (Z) 2 EXHIBIT B 76-47 76-46 76-49 76-50 76-51 76-52 76-53 76-54 76-55 i ,'6-56 76-57 i 76-58 · 76-59 ~ 76-60 ~,, 76-61 .... 76-62'~- ,~ ] 77-__ Amends 6D1 & 6C1 of Zoning Regulations re: Conditional uses and makes new boat sales agencies conditional use in C-3 (Z) Amends sidewalk ordinance to permit TRB to waive necessity of installation Adds Sec. 29.10 to prohibit hitchhiking Amends 6D1 to make fabrication & assembly of custom cabinets and furniture permitted use in C-4 (Z) Repeals 23A-6 & refunds sewer service deposit Amends (76-19) See. 11.1 re: Conditions for building residence on N/C lots 1975-1976 budget adjustments Establishes uniform max. penalty for violation of ordinances Amends 24-10 (h) re: circulation of handbills Amends 4 ~(b) (Zoning Regs.) re: accessory buildings Amends 5 (G) (1) (Zoning Regs.) altering R-3 uses Amends 6 (D) (1) (u) & adds 6 (D) (2) (d) (ZoningRegs.)to prohibit w/houses and storage buildings in C-4 Amends General EE's Pension Plan re: retirement & disability benefits Repeals Chapter 7 (Civil Service) Amends 4 (F) (Zoning Regulations) imposing building height limitations R e zones~ecentl~ ann exed-Cogen prop er _t~r tq~i%I3D 7~ - Re zones- p_o~rtior~ of- CRF,~TVtE, W_ Subdivisior~- Adjusts 1976-77 Budget to'increase appropriation Of water and sewer fund expenditures EXHIBIT B 76-A 7,6-B 76-(2 76-D 76 -E 76-F 76-G 76-H 76-I 76-J 76-K 76-L 76-M 76-N 76-0 - 76-~P" -- 76-Q - 76-R · 76-S RESOI.UTION INDEX Vacation of easement and right-of-way Hire Building Official RE: Signing checks Establish Emergency Medical Technician I and ti Training Programs IPalm B,'ach .Ir-. College) Agreemem witk City of Delray RE: 201 Facilities Planning and Lead Agency Repeal Article V, Section 20 (D) (4) - continuance of municipal courts Agreement accepting Department of Natural Resources Grant - Florida Recreation Development Boynmn BeachlDelray Beach contract to purchase Regional Water Plant Site Seaboar~t 'Coastline Agreements Mutual Aid Fire Agreement with City of Delray Beach Water Supply Contract with Briny Breezes. Inc. Assistant City Attorney Request County Commissioners to reject ECR-1 amendments Acceptance of dedication Paving Resolution Pa~i ng. l~-e soii~£on - --: Authoriz lng- signing~ City ch e dks - - Request [egist.ature prol~ibii~iag d/~posabte ~ont~ine-rs Paving S.E. 3rd Street EXHIBIT C 76-T 76'-U 76-¥ 76-W 76-X 76-¥ 76-Z Request County Commissioner RE; Request County Commissioner RE: Seacrest Blvd. contracts with private sanitation firms Supporting Uniform Municipal ELection day Paving N.W. 7th Court - stricken (defeated) Annexation Procedure $670, 000 Refunding and Improvement Revenue Certificate Authorizes Firemen and Oilers Union Contract 2 EXHIBIT C RESOLUTION INDEX 76-AA 76-BB 76-CC 76-DD 76 -i~E 76-FF 76 76-HH 76 -II 76-JJ 76 - I<2K 76- LL 76-MM 76- NN 76-00 76-PP Request to State Legislature RE: amendmenls to State Building Code Declaring need of Housing Authority Authorizing redemption of 1971 bonds from Capital Improvement Fund Abandoning Pa[roland Corp. 'easement Abandoning Milnor Co~p. casc~ment Appointment of City Planner (and fixing compensation) Accepting Federal Grant (under Water Pollution Contract Act amendments o£ 1972) Sets sale of $3.9 million water and sewer bonds (private) Ratifying application to ~ViBIA RE: Water and Sewer bonds Awarding $3.9 million bonds and naming paying agent Establishes depository and procedure for disbursal of SCRWWTP funds Authorizes agreement with PBC RE: grave relocation Authorizes AIma Cook, deputy treasurer, to sign checks Paving 200 Block, S.E. 8ih Avenue Authorizes entry into County-wid~ Mutual Aid Agreement (Fire Fighter) Designates Finance Director as Chairman, Board o£ Trustees of Employees Pension Plan ' - Increases- Water Met, er~.serviee~cha~ge 76-Rt~_ -. Requests. Sewer~ Plant-~ost re~mbmrsem~rnt fromzLegi~laiure~- 76-SS A ppoi~t strife ri-m Judge 76-TT $865,000 Revenue Bond 3 EXHIBIT' C 76-UU 76-VV 76-WW 76-XX 76-YY 76-ZZ Abandonment of road rrght-of-way Requests City to distribute ba[an ce of Road & Bridge Tax funds Requests Health Dept. to designate Civic Center as swine flu innoculation center Appoints municipal judge Appoint~ city prosecutor Authorizes entry into Agreement to Participate in Co-op Dispatch Center (Police) 4 EXItIBIT C 76-AAA 76-t31313 76-CCC 76-DDD 76-EEE 76-FFF 76-GGG 76-HHH 76-III 76-KKK 76-LLL 76-M MNI 76-NNN 7 ~3 - 000 76-PPP' 76-QQQ RESOLUTION INDEX Adopts revised job classification and amended pay plan for civil service employees (rescinded by 76-DDD) Authorizes contra ct with Department of Community A ffailTs (Planned Parenthood grant application) (§409. 504(5)) (not passed) Canvassing and certifying results of special referendum election Rescinds 76-AAA and makes revised plan effective 9/30/76 Requests PSC to deny FPL rate increase Abandonment of easement Authorizes Firefighters Union Agreement Authorizes Utility Joint Project Agreement with D. O.T. RE: widening of Seacrest from Woolbright to Bethesda Authorizes execution of agreement RE: windmill generators Redesignates part of S.E. 1st Place to S.E. 28th Court Adds "Paramedic officer at pay grade 30" to Civil Service Requests D. O. T. to redesignate 1-95 exit signs Reaffirms Council's support of Seacrest Blvd. four-laning To County Commiss ion Authorizes execution of Traffic Control Agreement RE: Woolbright Road and U. S. 1 Authorizes execution 'ofq?raff52c-Contro[ Agre~rrre~t_3RE: Woolbr-ight~Roach_- and-Seacrest Boulevard Amends Civil Service rules REt-'-Deputy Chief and Potice-Chi~efp~omotional exams 77- Designates individuals authorized to sign City checks, etc. 5 EXttlBIT C William 1{ }lough & Honorable Joe DeLon§, Mayor and Members of the City Council City of Boyntom Beach P.O. Box Boynton Beach, Fla. 33435 December 13, 1976 RE: $865,000 City of Boynton Beach Capital Improvement Revenue Bonds, Series 1976, and our Purchase A§reement dated July 6, 1976 and accepted by the City on July 8, 1976; amended by the C~ty Cou8cil at a Speeial Meetin9 on Thu~sday~'S~pt~mb~'30, 1976 .... Gentlemen: Pursuant to your request, we are by this letter extending our commitment to purchase your $865,000 City of Boynton Beach Capital Improvement Revenue Bonds, Series 1976, as amended and accepted by the City on September 30, 1976, until January 20, 1977. This grant of an extension of time is made in view of the fact that an appeal has been taken to Judge MacMillan"s recent ruling in favor of the City, which appeal has necessi'tated a Supreme Court procedure to resolve the matter and enable Bond Counsel to render an unqualified legal opini'on as to the validity of the bonds. This extension of our commitment until January 20, 1977 should enable the City to proceed with the legal process with the firm co~itment by us for the purchase of the bonds. A place has been provided below for the acceptance by the City of this Amendment to the ~mended Agreement. Sincerely, ACCEPTED BY THE CITY OF BOYNTON BEACH WI kt~ ~. 'HOUGH Partne/' Mayor DATE ACS :gk mUNiCiPAL F~,NANCE CONSULTATION' cc: Robert Reed, Esq., City Arty? Frank Kohl C~ty Manager Perry A. Cessna Director of Utilities M E iO AND U M /. ~ ~' -,~ ,~.~, - X~ (~~~&~ Poi.te Overlook /~ ~/ Feasz~zlzty Study Attached herewith is a letter from Ivan Ko 01sat of Ellenes Corpora- tion regarding the above subject, Pointe 0verlook~. Phases I and 2, together with a check g164 in the amount of $1~500. This amount will cover the feasibility study for Point~-Overlook-to connect--onto-- the City's sewer and water facilities providing they can get a re~ lease from the Bristol Springs franchise. This will requ~ire an au- thorization from you to Russell and Axon to do this study~ We are forwarding a copy of this memo and letter from Mr~ Olsak to Joe Swan~ so that he can prepare the necessary papers for your a~thorization in order that billing can be made to an account which Ken Kribs will set up. I wo~ld assume that you might wish to bring ~hls to Czty' Council's attention in a similar manner to that of Southern Bell Telephone's request (~ypolLLxo Road office building), which was approved July 20th~ The number of lots involved is approximately 120, plus or minus a few~ Any committments that the City Council-may-desire to do would--be con~ tin~ent upon Pt. Overlook's obtaining a release from the Bristol Springs franchise area from the Public Utility Commission, so that we woul~ in no way ~e Subject to any action by Bristol Springs Utilities or its successors, if any. To refresh your-memory~ I am"attaching ~ copy of my memos,- dated May 27th~-J~ly.14th and-July-22~976,~on the~southern-.Bel~-building, so ~ou-can~see-~o~ it was handled° PAC Att. Director of Utilities CC: Joe Swan, po E. (w/at%) Russell and Axon STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS CITY OF BOYNTON BEACH ) TO THE HONORABLE MAYOR AND 20UNCILMEN OF THE CITY OF 80YNTON BEACH~ FLORIDA: Wew the undersigned Clerks of the General Election held on the 7th day of December. 19'76 A.D. for the purpose of electing three (3) candidates for Council, do hereby certify that at such General Election the results were as follows: CANDIDATES PCT. PGT. PCT. PCT. PCT. PCT. PCT. PCT. PCT. PCT. ~139 ~141 ~145 ~146 ~14'7 ~149 ~15.5 ~156 ~1.60 ~t61 Richard Caldwell Joe De Marco Emily M. Jackson Morton Levine James J. O'Meara Raymond Sweet 93 235 4'77 165 424 898 88 265 512 156 438 912 100 240 542 171 429 1113 17 265 945 49 68 56'7 59 389 556 62 141 716 2'7 347 342 60 114 482 4 3 19 2 0 16 127 604 1460 250 Clerk, Precinct ~141 tOTAL 39'7 211 16 65 2979 355 238 19 64 3047 443 241 18 65 3362 203 147 C ~ 2068 320 225 1 21 22'70 276 201 4 21 1874 WRITE IN VOTES ABSENTEE TOTAL VOTES CAST 'Clerk, ~recinct' ~139 Clerk, Precinct ~147 ~ 56'7 L563 704 Clerk, Precinct ~155 and ~160 5 0 0 54 447 23 85 5_8,~0 Precinct ~14G t~/Clerk/'P~eeinct ~156 ~nd ~1.6 ~' STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS CITY OF BOYNTON BEACH ) TO THE HONORABLE MAYOR AND COUNCILMEN OF THE CITY OF BOYNTON BEACH, FLORIDA: We, the undersigned Clerk and Inspectors of the General Election held on the 7th day of December, 1976 AD for the purpose of electing three (3) candidates for Council do hereby certify that at such General Election, the total number voting at Precinct /~ were: of which Richard Caldwell Joe De Marco Emily M. Jackson Morton Levine James J. O'Meara Raymond Sweet WRITE IN VOTES THERE WERE THERE WERE received received received received received received vote s ~/~votes votes votes SPOILED BALLOTS And we, such Clerk and Inspectors do make the foregoing as our return to you of the~resu!ts of such General Election and we do declare the above and f6regp[~g to be the result o£ the General Election in Precinct ~ /~ . C%erk Inspecte~ Inspector Inspector Inspector Inspect~ ~Inspector -7~spe~or Inspector Inspector Inspector Inspector STATE OF FLORIDA ) 20HNTY OF PALM BEACH ) SS 2IT~ OF BOYNTON BEACH ) TO THE HONORABLE MAYOR AND 8OUNCILMEN OF THE CITY OF BOYNTON BEACH~ FLORIDA: We, the undersigned Clerk and Inspectors of the General Election held on the 7th day of Deeember, 1976 KD for the purpose of electing three (3) candidaves for Council do hereby certify that at such General Election~ the total number votin~ at Precinct~/~ were: of which Richard Caldwell Joe De Marco Emily M. Jackson Morton Levine James J. O~Mears Raymond Sweet WRITE IN VOTES THERE WERE THE~E WERE received ~ votes received ~/3f votes received ~ votes received ~J~ votes received /~/ votes received //~I vo~es SPOILED BALLOTS ABSENTEE BALLOTS And we, such Clerk and Inspeevors do make the foregoing as our return ~o you of the results of such General Election and we do declare the above and foregoing vo be the resuln of the General Election in Precinc~ ~ /~? Clerk Inspec'~ ~Inspector Inspector Inspecvor Inspector Inspecvor Inspector Deputy ~.- Inspector Inspector STATE OF FLORIDA ) COHNTY OF PALM BEACH ) SS CITY OF BOYNTON BEACH ) TO THE HONORABLE MAYOR AND COHNCILMEN OF THE CITY OF BOYNTON BEACH, FLORIDA: We, the undersigned Clerk and Inspectors of the General Election held on the 7th day of December~ 1976 AD for the purpose of electin~ three (3) candidates for Council do hereby certify that at such General Eleetion~ the total number voting at Precinct /~/ were: of which Richard Caldwell Joe De Marco Emily M. Jackson Morton Levine James J. OTMeara Raymond Sweet WRITE IN VOTES THERE WERE THERE WERE reeemved received received votes votes votes votes vo~es SPOILED BALLOTS ABSENTEE BALLOTS And we, such Clerk and Inspectors, do make the foregoing as our return to you of the results of such General Election and we do declare the above and foregqing to be the result of the General Election in Precinct ~ / ~z~[ . Clerk InspectGr' / nspector I~spector Deputy Inspecto~Y Inspector Inspector Inspector Inspector Inspector Inspectom STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF BOYNTON BEA2H SS TO THE HONORABLE MAYOR AND COilNCILMEN OF T~E CITY OF BOYNTON BEACH, FLORIDA: We, the undersigned Clerk and Inspectors of the General Election held on the 7th day of December~ 19'76 AD for the purpose of e!ectin~ three (3) eandidaves for Council do hereby certify that at such General Election~ the total number voting at Precinct /~ were: of which Richard Caldwell Joe De Marco Emily M. Jackson Morton Levine James J. O:Mears Raymond Sweet WRITE IN VOTES received recelved received recelved received voves votes vo es vo es THERE WERE SPOILED BALLOTS THERE WERE ABSENTEE BALLOTS And we: such Clerk and InspecEors~ do make the foregoing as our return to you of the results of such General Election and we do declare the above and foregoing to be the result of the General Election in Precinct = //~X~j~- . Inspector Inspector Inspector ±nsp~etor g - Inspector Inspecfor Inspector Inspector Inspector Inspector STATE OF FLORIDA ) COHNTY OF PALM BEACH ) SS CITY OF BOYNTON BEACH ) TO THE HONORABLE MAYOR AND COUNCILMEN OF THE CITY OF BOYNTON BEACH, FLORIDA: We, the undersigned Clerk and Inspectors of the General Election held on the 7th day of December, 1976 AD for the purpose of electing three (3) candidates for Council do hereby certify that at suc? General Election~ the to~al number voting at Precinct /~ were: of which Richard Caldwell Joe De Marco Emily M. Jackson Morton Levine James J. O'Mears Raymond Sweet WRITE IN VOTES THERE WERE tHERE WERE received / ~ ~ votes received / ~ votes received / ?7 votes received ~ ~ votes received ~ 0 votes SPOILED BALLOTS ABSENTEE BALLOTS And we~ such Clerk and InspecTors, do make the foregoing as our return to you of the results of such General Election and we do declare the above and foregoing To be the result of the General Election in Precinct = l~ ~ . Inspector ~specvor ~ Inspector I~specvor Insp~Tbr % InspecTor InspecTor InspecTor Inspector STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS 2ITY OF BOYNTON BEACH ) TO THE HONORABLE MAYOR AND COUNCILMEN OF THE CITY OF BOYNTON BEACH, FLORIDA: We, the undersigned Clerk and Inspectors of the ~eneral Election held on the 7th day of December, 1976 AD for the purpose of electing three (3) candidates for Council do hereby certify that at such General Election~ the total number voting at Precinct /~--~-- were: of which Richard Coldwell Joe De Marco Emily M. Jackson Morton Levine James J. O~Meara Raymond Sweev WRITE IN VOTES THERE WERE THERE WERE received received recemved received received received votes votes votes votes SPOILED BALLOTS ABSENTEE BALLOTS And we~ such Clerk and Inspectors do make the foregoing as our return to you of the results of such General Election and we do declare the above and foregoing to be the result of the General Election in Precinct ~ /2~-~ . In~ctor InSpector ~ Inspector Inspector Inspector Inspector Inspector Inspector Ins' Inspector ~In~pector STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS CITY OF BOYNTON BEACH ) Tg THE HONORABLE MAYOR AND COUNCILMEN OF THE CITY OF BOYNTON BEACH, FLORIDA: WeD the undersigned Clerk and Inspectors of the General Election held on the 7th day of Decembers 1976 AD for the purpose of electing three (3) candidates for Council do hereby certify that at such General Eleetion~ the total number voting at Precinct /~-~ were: of which Richard Caldwell Joe De Marco Emily M. Jackson Morton Levine James J. O~Meara Raymond Sweet WRITE IN VOTES THERE WEP~E THERE WERE received ~_ // votes received ~3~ votes received ,.~,~/ votes received ~ ~7 votes received ~- /otes received ~D / votes SPOILED BALLOTS ABSENTEE BALLOTS And we, such Clerk and Inspectors do make the foregoing as our return to you of the results of such General Election and we do declare the above and for?~g~ing to be the result of the General Election in Precinct = ASA - Clerk Inspector Inspector Insl~etor~/ I n~pector Inspector Dep%~ Inspector Inspector Inspector Inspector Inspector Inspector STATE OF FLORIDA COUNTY OF PALM BEACH ) SS CITY OF BOYNTON BEACH ) TO THE HONORABLE MAYOR AND COUNCILMEN OF THE CITY OF BOYNTON BEACH, FLORIDA: We. the undersigned Clerk and Inspectors of the General Election held on the ?th day of December, 1976 AD for the purpose of electing three (3) 2andidates for Council do hereby 2ertify that at suck General Election~ the total number voting at PrecincE /~ were: of which Richard Caldwell Joe De Marco Emily M. Jaeks~n Morton Levine James J. O'Meara Raymond Sweet WRITE IN VOTES THERE WERE THERE WERE received i ~ votes received / q votes received / ~ voEes received O votes received f votes received A votes SPOILED B~~ ABSENTEE BALLOTS And we~ such 21erk and Inspeetors~ do make the foregoing as our return To you of the results of such General Election and we do declare the above and foregoing vo be the result of the General ~lection in Precinct ~ /~ ~ Clerk Inspector Inspector Inspector Inspector Inspector Inspeetor Inspector Inspector Inspector STATE OF FLORIDA ) COUNTY OF PALM BEACH CITY OF BOYNTON BEACH ' ~S TO THE HONORABLE MAYOR AND COUNCILMEN OF THE 2ITY OF BOYNTON BEACH, FLORIDA: We. the undersigned Clerk and Inspectors of the General Election held on the 7th day of December, 1976 AD for the purpose of electing three (3) candidates for Council do hereby certify that ~ ~uch General Election, the total number voting at Pmecinct / were: of which Richard Caldwell Joe De Marco Emily M. Iackson Morton Levine James J. OTMears Raymond Sweet WRITE IN VOTES THERE WERE THERE WERE received received received received received votes votes votes votes SPOILEZ BALLOTS ABSENTEE BALLOTS And we, such Clerk and Inspectors, do make the foregoing as our return to you of the results o~ such General Election and we do declare the above and foregoing to be the result of the General Electiom in Precinct ~ /L/ Inspector ~ Inspector // Inspector Inspector Inspector Inspector Inspector Inspector Inspector Inspector Inspector Inspector Deputy