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Minutes 09-07-76Mi~JTES~QF REGb~AR CITY COUNCIL ~ETING OF TH~ CITY OF BOYNTON BEACH, FLORIDA~ h~ELD IN CITY ~W_&LL? T~JESDAY, S~PTE~ER 72 1976 PRESENT Joe DeLong, ~yor Joseph F. Zack, Vice ~Layor Edward F. Harmening, Councilman Emily M. Jackson, Councilwoman Norme_u F. Strnad, Councilman Frank Kohl, City Manager ~ereesa _amgett, City Clerk Robert B. Reed, Cm~y Attorney Mayor DeLong welcomed everyone and called the meeting to order at 7:30 P. M. He requested everyone to arise at the so,mud of the gavel for the invocation given by M~. Frank Kohl, City Manager, and to kindly remain standing for the Pledge of Alle- giance to the Flag led by Hon. Robert B. Reed, City Attorney. Announcements Mayor DeLong read a proclamation proclaiming the week tember ~7 thru 23 as Constitution Week. of Sep- MI~YJTES Regular City Council Meeting - August 17~ 1976 ~yor DeLong called on the Council members for any omissions, errors or corrections. ~. Zack referred to Page 14, seventh line down from the top, and stated it should be: ~3 for and 2 against. M~. Harmening, }~s. Jackson and M~. Strnad passed. M~s. Jackson moved 1976, as corrected, 5-0. the adoption of the Minutes of August 17, seconded by M~. Harmening. Motion cs~ried PUBLIC AUDIENCE Mayor DeLong asked if anyone in the audience wished to address the City Council. He also announced that anyone present wish- ing to speak on e~uy item on the agenda to please step forward s_ud give their name to Mrs. Padgett ~ad when that item becomes the order oDfbusiness~ M~s. Padgett will notify them. Mm. Donald L. Dunn appeared before the Council and advised that he was the owner of the laundromat located at ~305 S. Federal Highway. He stated he would like to talk about the sewer charges and asked if it would be in order. Mayor DeLong replied that he was definitely privileged to talk on any item, but added that he understood the City Manager had forwarded to all owners of laundromats a legal opinion from the City Attor- ney. As far as tbs Council is concerned, it is his belief that they must abide by this ruling. He further explained how he believed the ruling was §ufficient. M~. Dunn replied that he had not received this letter ~ud M~. Kohl informed him that everyone licensed in the City was sent a letter. M~. D-~n MI~JTES - REGt~AR CITY COUNCIL M~ETING BOYNTON BEACH, FLORIDA stated that he was licensed. M~yor DeLong suggested that he obtain a copy from the City Manager and ~. Dmun stated that he did read it. He asked if they were considering the case closed and the charges would remain the same? M~yor DeLong replied that it would be closed insofar as the general proce- dure in accepting the ruling of the legal opinion from the City Attorney; however, any member of the Council may move to appeal the decision of the City Attorney. ~. Reed referred to being directed to look into this problem previously regarding whether commercial rates should be applied to laundromats. He referred to researcD_ing this and the City Manager obtained letters from the City Public Utility Director and the City Consulting Engineers and these were sent together with his original opinion. Just recently, he preps~ed a more detailed opinion on this matter, which the City ~m_uager will receive in the morning. This opinion contains vam~ious recom- mendations concerniD~ this oroblem. He suggested that ~, Dunn check with the City Manager tomorrowmafternoon and dis- cuss the contents with him at ~hat time. M~s. Jack, on referred to laundromats and coin operated machines in condominiums a_nd asked if the condominiums were also paying the commercial rate? 5~. Reed replied that his opinion had not changed regarding charging the laundromats the commercial rate; however, there appears to be inequity in char~ing coin operated machines in condominiums. He explained how the code section was worded and gave them no other alternative. Mayer DeLong asked if the wording could be changed a~_d if there were any prohibitions against making chmuges? He referred to the research being made and being tied in with the revenue certi- ficate issues. M~. Reed explained how they had researched the section of the sewer code, interpretation of the languages ordinances from other cities dealing with the same problem~ the bonding resolution, and the fiscal statements issued when selling the bonds. In his opinion, it would be oreferential treatment to charge different rates to commercial laundromats and coin operated machines in condominiums. ~s. Jackson agreed that they did have preferential treatment right n~. Mayor DeLong asked if the condominiums were in the same cate- gory and ~. Reed replied that according to the section of the sewer code, the basis for charging commercial rates is on the type cf use, number of plumbing fixtures, quantity of water discharged and treated by the City. He does not see where there is a difference because four coin operated machines use the same e~ount of water as four machines in a !a~ndromat. Mayor DeLong asked if he felt they should bring the condomin- iums up to the same standards and M~. Reed replied: yes, this was one of their recon~endations. ~. Reed then explained how there were three different sections pertaining to sewers, rates, etc. and he feels they should be -2- MINUTES - R~GULAR CI?Z_ COUNCIV~ ~ETING BOYNTON BEACH~ FLORIDA SEPTE.~ER 7, 1976 consolidated into one section. Mayor DeLong clarified that he was saying they had double standards and Mr. Reed egreed with regards to laundromats and condominiums, ~yor DeLong asked if it was his recommendation to bring up condominiums to laundromats? He added that they could notilower the stan- dards for this type of operation to coincide with condominiums because the bonding resolution prohibited it. Mm. Reed agreed and stated that he thought the whole section in the sewer code should be revised; howevers he is not saying they have to be reduced or raised as long as sufficient funds are received. ~. Dunn stated he felt like he was paying at least a 40~$ increase. He thinks it should be corrected to make it fair. He told about his costs and stated he would have to get another job to pay the utility bills. Mayor DeLong replied that he believed it would be incumbent upon the City Council to accept the recommendation of the City Attorney to meke a revision. Mm. Reed agreed and added that they must get ad- vice from the Fiscal Agents and Consulting Engineers. Mm. Strnad referred to commercial establishments being charged a higher rate and stated he thought they Should find out whether they were charging these higher rates because they are ~ommercial establishments or using more water. He ex- plained how they would still be using the same ~mount of water even if there were no laundromats in Boynton Beach. Mr. Reed replied that unfortunately the w~v the section of the code is worded, it is confusing whether they are charging because of being a commercial venture or because they are dis- charging more water. Mayor DeLong ~anounced that a motion was in order to instruct the City Attorney to proceed with the appropriate revision of this particular problem. ~. Strnad so moved, seconded by Mr. Zack. Motion carried 5-0. Mr. Zack added that he thought it would be wise for the admin- istration to check into the condominiums and the number of machines they have and the amount of water discharged. Mayor DeLong replied that ~. Reed would do this in the study of this revision. M~ws. Jactason asked if all the condominiums with coin laundries had occupational licenses 8m~d M_~s. Padgstt replied that some did and thms was referred to the License Inspector some time ago. Another man from the audience appeared before the Council and advised that he also owr_~ed a laundroms~t. He has read the letter from Russell & Axon and agrees, but feels they are carrying more than their fair share. The people must wash their clothes and the same amounv of water would be contri- buted to the system. He told about Village Royale on the -3- MINUTES -RE-GUI~ CITY COUNCIL ~ETING SEPTE~ER 7, 1976 BOYY~ON BEACH, FLORIDA Green having over 100 machines and this is competition to him and they contribute more to the water system. ~nese machines are owned by a commercial firm, but he is being penalized. M~yor DeLong replied that a thorough study would be made. Mayor DeLong announced a motion was in order to suspend the regular order oR business and proceed to the Public Hearing. ~s. Jackson so moved, seconded by ~. Harmening. Motion carried 5-0. PUBLIC HEARING Abandonment of ~5 Ft. Right-of-Way That portion of N. E. 4th Avenue Lying Between Lot 6, Block 3 and Lot 1, Block 6, Roberts Addition Applicants: Lucien A. Sa~yn & Robert G. Beane M~. Kohl informed the Council that the Pl~uning & Zoning Board mt their August E4, ~976 meeting unanimously recommended appro- val of this application, subject to the record~ug of ~n ease- ment on the west 5 feet of the proposed abandonment. Al! requirements have been met. The motion to approve the request was made by ~. Lambert. His mo~ion was based on the recom- mendations from the City staff and the easement request from Southern Bell. Mr. Reiser seconded the motion. He respectfully suggests the City Attorney be directed to prepare the appro- priate legal document. Mayor DeLong asked if anyone present wished to speak in favor of this application. M~. Robert Bem~e stated his name and his address as 1t10 S. W, 24th Avenue. He advised that he was requesting this abandon- m~nt in order to join two properties together. Mayor DeLong then a~ked if anyone was present in opposition ~ud received no response. ~,~. Zack moved to accept the recommendation of the Planning & Zoning Bo~d to abe~flon the 25 ft. right-of-way, that portion of ~ ~ ~ ~. E. 4th Avenue lying between Lot 6, o~oc~ 3 and Lot 1, Block 6, Roberts Addition. Mr. Harmsnlng seconded the motion. Under discussion, Mrs. Jackson asked if it included being sub- ject to the record~g of an easement on the west 5 feet and M~yor DeLong replied: yes and the City Attorney will be in- structed to prepare the aploropriate legal document. He then explained f~'~rther how he felt this would perform a service to the City. M~s. Padgett then took a roll call vote on the motion as follows: -4- MIN~J~ES - REGULAR CITY COUNCIL ~TING BOYNTON BEACH, FLORIDA SEPTEmbER 7, 1976 Council~n Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad Aye Vice ~yor Zack - Aye Mayor DeLong - ~re Motion carried 5-0. Composition and ~ocedure: ~ne Organization 8~nd Procedure Under Which the Board ofAdjustment Operates .... In Conformity with Provisions of Chapter 163~ Part II~ Florida Statutes M~. Kohl informed the Council that the Planning & Zoning Board a~ their meeting of August 24, 1976 ~uanimously recommended the approval of the proposed Ordinance No. 76-40 with the understanding bhat the Board of Adjustment will continue to function as they have existed in the recent past, and as stated in Chapter 163 of the Florida Statm~es. ~ne City Attorney has prepared Ordinance No. 76-40 to be presented to Council for their consideration under "Legal, 0rdin~ces, Reading~,. Mayor BeLong then requested Fm~. Reed to give some background for this ~ud M~. Reed explained how an error was made in the code when it was printed and it was being corrected to read the appropriate chapter number. Mayor DeLong asked if ~uyone was present in favor of this re- quest and received no response. He then asked if aD~yone pre- sent wished to speak in opposition and receiVed no response. ¥~s. Jack. on moved to accept the recommendation of the Plan- ning & Zoning Board, seconded by ~. Zack. Under discussion, M~. Zack remarked that he didn't think they had much c~oice in that it conforms with the Florida Statutes. Mms. Padgett then took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jack~on - ~e Councilman Strnad ~ye Vice Mayor Zack Aye Me. or DeLong - Aye Motion carried 5-0. ~s. Jackson moved to revert back to the regular order of business, seconded b~ Mr. Zack. Motion carried 5-0. B IDS Ligt Station #~9 - Gulfstream S~opping Mail -5- M~hWJTES - REGUL~ CIT~E COUNCIL ~ETING BOYNTON B~&CH, FLORIDA S~PT~.~R 7, t976 ~. Kohl referred to the Tabulation Sheet on this project as well as the recommendations from M~. Joe Swan of Russell & Axon and theDirector of Utilities, t~. Perry Cessna. They recommend award of the contract to the low bidder, Pipe~Rite Utilibies Ltd., Inc., in the amount of $26,900. All legal requirements have been met. A copy of the affidavit from Pipe-Rite U~ilities is on file. He conc~rs with the recom- mendatioD~. ~. Harmening moved to accept the reco~mendatio~ssf the City ~Mnager, City Utilities Rirector andConsnlting Engineersand aw~d the contract to the low bidder, Pipe~Rite Utilties Ltd., Inc., ~ the amount off $26,!900 for L~ft S%ation #~9, ~ulfstream Mall. ~.~s. Jacksenseconded the motion. No discussion. ~Ms. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman strnad - Aye Vice M~yor Zack - Aye Mayor DeLong - Aye Motion - ~ ~ carr~em 5,0. LEG~ .Ordinances - 2nd Rea~ing r .PubliG H~aring Proposed Ordinance No. 76-33 - Re: Amending Codified Ordinances of Said City to Transfer Jurisdiction and Control of Municipal License Department M~. Reed read proposed Ordinance No. 76'33 on second reading by caption only. ~-or DeLong asked if anyone present wished to speak in favor and received no response. He then asked if anyone present wished to speak in opposition and received no response. ~. Zack moved that proposed Ordinance No. 76-33 be approved on second reading, seconded by M~. Strnad. No discussion. ~amoe~ took a roll call vote as follows: Councilman Harmening - N~e Councilwom~n Jackson - No Councilman Strnad - Aye Vice Mayor Zack - Aye ~yor DeLong - ~e Mo~mon carried 3-2. -6- M_NUTEo - REGUi~R CITY COUNC~ ~ETING SEPTE~v~ER 7~ I976 BO~NTON BEACH, FLORIDA Proposed Ordinance No. 7o-74 - Re: Amena_ng Section 84 of the Charter to Requ~_re City Council Determination of Amount of Money Necessary for Operation of the City for the Current Year ~o Later than the Third Tuesday in September of Each Year ~. Reed read proposed Ordinance No. 76-34 on second reading by caption only. ~yor DeLong asked if anyone present wished to spe~ in favor of this ordinance and received no response. He then asked if anyone wished to speak in opposition and received no response. Mrs. Jackson moved the adoption of Ordinance No. 76-34 on second and final ra~ing~ seconded by ~. Zack. No discus- sion. M~s. Padgett took a roll call vote as follows: Councilman Harmening - Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye ~yor DeLong - Aye Motion carried 5-0. ~oposed Ordinance No. 76-~5 - Re: Adopting a Budget for the Fiscal Yes~ Beginning October 1, ~976 and Ending September 30, 1977 ~. Reed read proposed Ordinance No. 76-35 on second ~ re~ng by caption only. ~vor DeLong asked if aDjone nresent wished to spe~k in favor of this ordinance and receive~ no response. He then asked ii" anyone wished to speak in opposition a~.d received no response. Mr. Zack moved the adoption of proposed Ordinance No. 76-35, seconded by ~. Strnad. Under discussion~ ~s. Jackson stated she was opposed to the $40,000 plus salary for the City Attor- ney and referred to the Supreme Court Justices and the Governor of the State only making $50,000. ~. Zack replied that he thought this was a poor example. He cuestioned the attorney,s fees in t972-19737 He?eferred to the Attorney General and Mrs, Jackson clarified that she stated the Supreme Court Jus- tices. Mayor BeLong replied that they were not talking about the expenditures involved in the operation of each Justice's office and called upon the City Attorney to comnaent. Mm. Reed informed them that this has been on his mind for more than a few weeks and stated that it appeared that some members in the City feel the amount of $40,000 plus is sor~e- thing new, a big surprise, something they have never had before, etc. in the fiscal year 1972-73, the expenditures MINUTES - REGb~AR Ci~f COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMB~ 7, 1976 for the office of the City Attorney were $66~792. The budget last year for the City was $40,700. He does not thi~k their proposed budget is a substantial increase. For the first two months of this year, the City Council adopted a motion to pay the former City Attorney at the rate of $60 per hour to make the tr~usition to his office. He would be very happy to work at the rate of $60 per hour. Because of this transition, the City paid approximately $11,000 in these two months. This is the first time the City has had a City Attorney ~_ud an Assis- tant City Attorney. He has to pay for secretarial help, rent, supplies, etc. This is not a net salary. If there is a per- son that can perform these services to the City to the extent they have on a full time basis or otherwise, he does not know who that person is. Mayor DeLong added that they paid the other City Attorney $27,000 per year and that is what they got. He is s~ill waiting for a legal opinion since 1973. He then referred to the amount of legal material on the agenda po~uted out that it was evident that a backlog was being cleaned up. They not only have the full time service of the law firm, but have the Assistant, ~. Smodish, and ~. Reed. He then told about the ~situation in Delray Beach. Mrs. Jackson stated she did not believe it was wise for any City to have a contract from October to September which is overlapping on the next City Council. Mayor DeLong replied that they had a contract in the past. .Mrs. Jackson agreed~ but added that she voted against it. M~. Zack added that he thought the retainer took care of this in that it can be can- celled in thirty days. They discussed the effect of the thirty day period further. Mrs. Padgett then took a roll call vote follows: Councilman Harmening - No Co'&ucilwoman Jackson - No Councilman Strnad - .~ye Vice Mayor Zack - Aye Mm¥or DeLong - _&ye on the motion as Motion carried 3-2. Proposed Ordinance No. 76-36 - Re: Fixing a Tax ~illage Rate for the Fiscal Year Beginning October 1, 1976 and Ending September 30~ t977. ~. Reed read proposed Ordinance No. 76-36 on second reading by caption only. Mayor DeLong asked if saayone present wished to speak in favor of thisoordin~uce amd received no response. He then asked if anybody present wished to speak~in opposition to this ordi- nance ~ud received no response. -8- MI~U3TES - REGUL~ CITY COUNC~ MEETING SEPTE~W~R 7, t976 BOYNTON BEACH, FLORIDA Mr. Eack moved the adootion of proposed Ordinance No. 76-36, seconded by Mr. Strnad] No discussion. Mrs. Padgett took a roll call vote as follows: Councilman Harmening - No Councilwoman Jackson - No Councilman Strnad - ~ye Vice Mayor Zack - Aye Me~-or DeLong - A~e Motion carried 3-2. Mayor DeLong added that on certain occasions he has been op- oosed to certain items which have been budgeted ~d he did not ~ttend the budget sessions last year, but when it came to voting for the budget, he voted for it because State law states you must vote for a budget. ~s. Jackson replied that she did not have to vote for it and it would go through on the 3-2 vote. ~oposed Ordinance No. 76-37 - Re: Establishing a Revised Munici~l Personnel & Equipment Organizational Chart i~. Reed read proposed Ordinance No. 76-37 by caption only on second reading. M~yor DeLong asked if anyone present wished to spe~k in favor ~ad received no response. He then asked if anyone wished to spe~k in opposition ~ud received no respor~e. Mr. Zack moved the adoption of proposed Ordinance No. 76-37, seconded by ¥~. Strnad. No discussion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - No Councilwoman Jackson - No Councilman Strnad - Yes Vice Mayor Zack - Yes M~¥or DeLong - Aye M~tion carried 3-2. Proposed Ordinance No. 76-38 - Re: Approving Plat of Repiat of Portion of Gulfstre=~m Estates Plat NO. 2 ~. Reed read proposed Ordinance No. 76-38 on second reading by caption only. ~s. Jackson moved the adoption of Ordinance No. 76-38 on second and final reading, seconded by Mr. Strnad. Mmyor DeLong asked i£ anyone present wished to speak in favor ~ud received no response. He then asked if anyone wished to spe~k in oppo- sition and received no response. No discussion on the motion. -9- MINXJTES - REGUI~R CITY COUNCIL }~ETING BOYNTON BEACH, FLORiBA SEPTEI~ER 7, t 976 ~s. Padgett took a roll call vote as follows: Councilman Harmening - ~ve Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Sack - Aye Mayor DsLo~ - Aye Motion carried 5-0. Ordinances - ~s.t Readin$ Proposed Ordinance No. 76-39 - Re: Amending Sec. 6(8)(1)(k) of Appendix A to Establish Buildim~ & Site Regulations Appli- cableto Multi-Family Residential Dwellings in the ¢-3 Comm- ,unity COmmercial District (Tabled) Mm. Sack moved to take this from the table, seconded by ~. Strnad. Motion carried 5-0. Mm. Reed asked if it would be the pleasureoof the Council to read the~e ordinances on first reading in their entirety or y c~ptmon only. Mr. otrnad moved to read by caption only, sec0ndsd by M~] ~rmening. Motion carried 4~! with.~trs. Jackson voting against, ~. Reed read proposed Ordinance No. 76-39 by caption only. [~. Sack moved to adopt proposed Ordinance No. 76-39, by Mr. Harmening. No discussion. Mms. Padgett took call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - ~ve Councilman Strnad - Aye Vice Mayor Sack - Aye Mayor DeLong - seconded a roll Motion carried 5-0. Proposed Ordinance No. 76-40 - Re: Amending Sec. 10(A)(3) of Appendi~ A to Modify the Florida Statute Chapter ~rsuant to Which the Board of Adjustment Shall Operate Mm. Reed read proposed Ordin~uce No. 76-40 on f~_mst reading by caption only. Mrs. Jackson moved the adoption of Ordinsmce No. 76-40 on first reading, seconded by Mr. Sack. No discussion. Mms. Padgett took a roll call vote as follows: MINUTV~S - REGULAR CITY COUNCIL ~ETING SEPTEmbER 7, t976 BOYNTON BE~a_CH, FLORIDA Councilman Harmening - Aye Councilwomen Jackson - Aye Councilman Strnad Aye Vice M~yor Zack - Aye Mmyor DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 76-41 Re: Repealing Section 6(A)(5), _ ~ (B) (5 ~, 61( 9 ) (5)' 6(D)~5), and a Portion of 8(A)(3) o£ Appen mix A - Zoning Regulations - Protective Buffer M~. Reed read proposed Ordinance No. 76-41 on first reading by caption only. Mr. Harmening moved the adoption of Ordinance No. 76-41 on first read~g, seconded by M~s. Jackson. No discussion. Mrs. Padgett took a roll call vote as follows: Councilman Harmenir~ - Aye Co~_ucilwo~man Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - ~e M~or DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 76-42 Re~ Appointment, Qualification, Compensation, Temporary Absence or Disability, Powers & Duties of the City Manager M~. Reed read proposed Ordina~uce No. 76-42 on first reading by caption only. M~s. Jackson stated that before this was moved on, she would like to ask if there should be some provision that the City Manager should msl~e no legislative decision and Mayor DeLong replied that it was ~derstood that the City M~_uager is the head, but the City Council is the legislature. Re asked if it was outlined and ~. Reed reolie8 that in the Charter, it was quite clear that the City C~uncil is the legislative body. M~s. JaCkson referred to Section 2-22, Temporary Absence or Disability, ~ud stated she felt this should be left uo to the Council e~d she doesn't think the City ~_nager should desig- nate the person who should fill in for him and Mayor DeLong replied that it was with the consent of the City Council. Mr. Reed read this paragraph. ~s. Jackson e~plained how she thought this could put the City Manager in s~u embarre~sing position and this was discussed further. M~. Zack moved the adoption of proposed Ordinance No. 76-42 on first reading, seconded by Mr. Strnad. No discussion. -11- MIEUJTES - REGULAR CITY_ COUNCIL ~-~ET~G SEPTEMBER 7~ 1976 BOYNTON BEACH, FLORIDA ~trs. Padgett took a roll call vote as follows: Councilman Harmening - No Councilwoman Jackson - No Councilman Strnad - Aye Vice Mayor Zack Aye ~or DeLong Aye Motion carried 3-2. Proposed Ordinance No. 76-43 - Re: Providing General Provi- sions Regarding Administration of City,s Departments, Offices and Agency ¥~. Reed read proposed Ordinance No. 76-43 on first reading by caption only. ~. Za~k moved the adoption of proposed Ordinance No. 76-43 on first reading, seconded by Mr. Strnad. Under discussion, ~s. Jackson asked Mr. Reed to show her before the next meet- ing where the Circuit Court supersedes the State recall law. Mayor DeLong replied that he didn't think it superseded it, but you have the right to go to the court of the proper juris- diction which wo~ld be the Circuit Court. Mrs. Padgstt then took a roll call vote on the motion as follows: Councilman Harmening - No Councilwoman Jackson - No Councilman Strnad Aye Vice Mayor Zack Aye Mayor DeLong Aye Motion carried 3-2. Proposed Ordinance No. 76-44 - Re;:Amending Section 22-2 of Chapter 22 Constituting a Portion of the Municipal Plumbing Code Relatin~ to.Water Supply Control ~. Reed read proposed Ordinance No. 76-4~ on first reading by caption only. Mr. Hs~mening moved the adoption of Ordinance No. 76-44 on first reading, seconded by M~s. Jackson. Under discussion, ~s. Jackson stated she thought the people would be inter- ested to k~u'ow this probably will solve the problem of the pvc pipe and Msjor DeLong replied that he thought the people in the audience are concerned and have faith in the City Council to carry this through as it was definitely stated at the last~eeting, t~s. Padgett then took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jack~on - Aye Councilman Strnad Aye Vice Mayor Zack Aye ~yor DeLong - Aye Motion ca_~ried 5-0. -12- MINUTES - REGUL~_M CITY COUNCIL MEETING BOYNTON BEACH, ~ LORI~A SEPTE~FLR 7, 1 976 Proposed Ordinance No. 76-45 - Re: To Clarify the Luvestment Powers and Authorities of the Boards of Trustees of Municipal Pol!ce O~flcers and Firemen's Trust Funds ~ ~. Reed read proposed Ordinance No. 76-45 on first reading hy caption only. Mr. Zack moved the adoption of proposed Ordinance No. 76-45, seconded by Mr. Earmening. Under discussion, Mr. Zack re- marked that he thought this was part of the State Statute sad ~. Reed explained how the Florida Statutes involved provided a more conservative limit. He further explained how this particular ordinance expanded on what the State S~atutes provide. ~. Harmening expla~_ued how he thought this ordi- nance placed a lot of responsibility into the hands of the trustees of the pension funds. Mayor DeLong added that he thought this was brought about because the State notified them that they w~uted a tightening of investments. Mr. Harmening replied that he. didn't thir2~ this ordinance would tighten it, but would loosen it. ~. Reed advised that ~. Cl~ton, the Assist~uut Ch~f of Pension Funds in Tallah~assee, wrote a letter to the Captain of the Police Department re- questing that the funds beir~ ~uvested beereviewed because they were in conflict with the ordinance. They interpreted the existing ordin~uce as saying they could not invest more than 3~ in both private bonds and stock and the funds were invested to a greater degree. Mayor DeLong clarified that they were tightening up because the proper amount of invest- ments were not being made in the proper direction. M~. Reed agreed that they thought the investments were beyond what the ordinances permitted. Mr, Ha~mening stated that t~is ordi- n~_uc~ would loosen up the other ordinance. In the process of changing the ordinance~ they are certainly allowing the trustees to lose or possibly make money. 5~. Zack asked if this took care of the police s~ud fire de- partments and ~. Reed replied: yes. Mm. Zack asked if it complied with the Statutes and M_~. Reed replied: yes, and explained how it was not the same percentsge as the Statutes. Mayor DeLong asked if he felt this ordinance was necessary to comply and in order to make certain investments are sound and M~. Reed replied he thought the ordinance was sufficient to bring it in line, but they must check with the City's Fiscal Agents about sound investments. Mayor DeLong clarified that he was not talking about investments in co~v~mon stock~, but about tightening it up to have a greater portion in corporate stocks. Also: there was a question about investing in government bonds and M~. Reed agreed and advised that this ordinance lumped together private corporate bonds and government bonds. MiB~TES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA SEPTEmbER 7, 1976 Mss. Padgett then took a roll call vote on the motion as follows: Cou~ci!man H~33meni~ - Aye Councilwoman Jackson - Aye Councilman Strnad - ~ve Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. ResOlutions M~r. Reed asksd if the Council desired to have the resolutions read in entirety and M~. Strnad replied: no. Mayor DeLong added that the resolutions were very short in comparison to the ordinances and M~s. Jackson disagreed in that there were a lot of legal descriptions. Mayor DeLong then instructed ~. Reed to read the resolUtions by caption only. Proposed Resolution No. 76-UU - Re: Vacating and ~_bandoning Road Right of Way Located in Tract 4, Golf View Harbour - 3rd Section M~. Reed read Resolution No. 76-UU by caption only. Mayor DeLong asked if everything was in order and M~. Kohl replied: yes. P~. Harmening moved the adoption of Resolution No. 76-UU, seconded by ~. Zack. Under discussion, M~s. Jack, on re- marked that she thought these should be read in their en- tirety saad there was some discussion. M~s. Padgett then took a roll call vote as follows: Councilman Harmening - Aye Council~smsm Jackson - Aye Councilman Strnad - Aye Vice Ms, or Zack - Eye M~jor DeLong - Aye Motion carried 5-0. ~. Reed stated that in line with the adoption of this reso- lution, he believes it would be appropriate for the Council to consider a motion to accept the road right of we~y dedica- tion attached to the resolution. M~s. Jack, on moved to ac- cept the City Attorney's reco~endation and accept the road right of way ~dication in conjunction with Resolution No. 76-UU. Mr. Zack seconded the motion. Under discussion, ~yor DeLong requested that in the future that if s~y fur- ther action is necessary it should be listed after the reso- lution. Mms. Padgett then took a roll call vote as £ollows: -14- MIhVJTES REGUL~L9 CiT'f COUNCIL ~ETING BOYNTON BEACH, FLORIDA SE~ER 7, 1976 Councilman Harmening - ~ye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye M~yor DeLong - ~e Motion carried 5-0. Proposed Resolution No. 76-VV - Re: Requesting Board of County'Commissioners to Distribute Balance of General Road and Bridse Collections Allocable to Municipalities Reed read Resolution No. 76~¢~J by caption only. ~s~ Jack, on moved the adoption of Resolution No. 76~V, seconded by M~. Harmeningo No discussion. .~s. Padgett ~ook a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jack~_son - Councilman Strnad - Aye Vice M~yor Zack - Mayor DeLong - Motion carried 5-0. Proposed Resolution No. 76-~W - Re: Offering Palm Beach Co. Health Dept. Use of Municipal Civic Center for ~nnoculation of Citizenry A~ainst .Swine Flu Virus ~. Reed read proposed Resolution No. v6-~ by caption only. M~. Harmening moved to adopt Resolution No. 76-~3V, seconded by M~s. Jackson. Under discussion, Mmyor DeLong advised that it was set up with the innoculations to be given at Florida Atlantic University ~ud Palm Beach J~uior College and he explained how he thought it was an imposition for the people of the City and think~ they should have local administration. ~'.~s. Padgett then took a roll call vote as follows: Councilman Harmening - ~e Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. OLD BUS I~SS Municipal Court - Mmyor Joe DeLong MINUTES - REGULAR CI~f COUNCIL MEETING SEPTE~ER ?, 1976 BOYNTON BEACH, FLORIDA M~yor DeLong asked the City Attorney whether they should go ahead on this ldd~e other townships or wait? He told about Briny Breezes adopting sun ordinance and plan-uing to set up a traffic court. He asked if ~. Reed a~vised getting in- volved in this or waiting until they receive an opinion from the State Supreme Court? ~k~. Reed replied that he recomuended that they wait. He told about West Palm Beach passing an ordinance originally and an opinion is expected from the State Supreme Co~_~t whether it is ~onstitutional. He thinks, based on the court's decision, it will direct them which w~y to proceed, He has obtained copies of the ordinsmces from West Palm Beach and neighbori~E~ communities. ~yor DeLong agreed that they should hold off then. Garbage Collection - Mayor Joe DeLong Msyor DeLong referred to the contracts the Coumty has with the private concerns in the unincorporated ares~ and how there was no mention if the contract is abro'~ated if these areas become annexed into the City. He referred specifically to The Meadows and Charterworld a_nd how there was a question whether they would be in competition with the local compar~-. R~s. Jackson referred to Rel-Reeves and explained how they were not allowed to pick up the garbage. Mayor DeLong con- tinued with explaining how the City could possibly lose years of revenue. He thinks it would be appropriate to contact the County officials that if they are going to extend or r~ these contracts with these unincorporated areas that the agreement should be ~ro.~ted. ~,~. Reed informed them that Resolution No. 76-U was passed providing for the same thing. ~s. JacY~on moved to send a copy of the resolution. ~. Harmening stated that if the present and existing contracts covering these areas expire and the Coumty Commission renews these contracts, there is no way they could include those areas which are presently in the City. Mayor DeLong replied that he _knew when the contract runs out~ the City can pick it up and they cannot negotiate with the independent company to continue. Harmening referred to not being able to release it during the terms of a contract in the past. Mm. Strnad then seconded the motion. Motion carried 5-0. ~s. Jackson referred to The Meadows still not being developed and advised that cows sa%d horses were there, which are not allowed in the City. ~. Harmening informed her that there were certain parcels of ground which were not incorporated into the City. This was discussed further and ~z~. Kohl in- formed them that he did have the man in his office and the hog peD~ were removed. The people are satisfied suud there have been no further complaints. -t6- MINUTES - REGUIJ~R CITY COL~iCIL ~ET~G BOY~TON BEACH, FLORIDA SEPTE~M 7, t 976 h~EW BUS ~UESS Request of Cannon Homes~ !n~ Ms. Kohl read the attached letter from Mr. Schmidt, Building Department, dated August 25, 1976, and the letter in reply from Cannon Homes, Inc. dated September 1, t976. ~. Kohl added that it seemed like every time they get involved in something like this, they get in all k~inds of trouble and he referred to time elapsing. Mayor DeLong asked if the ordinance recently adopted elminated this and ~. Kohl pointed out that ~hey were asking for a fenced compo~ud. M~s. Jackson stated she just could nov see m~king an excep- tion to an ordinance and moved to deny this request. Zack stated he thought some thought should be given as they are required to meet changes. He would also like to !~uow how many homes are involved and how ~ people are to be considered. M~. M~ke M~gn0n appeared before the Council and stated his name and his address ms 2400 N. E. l~t Lan~. He informed the Council that these C~unon Homes ~se on Lane and all the junk should be removed by all means. He explained how if they had a storm, all the junk would come into his apartment. They should live ~p to the ordinance. ~. Strnad then seconded the motion. ~s. Padgett took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Councilm~=u Strnad - ~ye Vice Mayor Zack - ~ye Mayor DeLong - Motion carried 5-0. Consmm~r A~ppointment of Municipal Judge ~ Koh~ ~. _ _ referred to Judge Schwartz passing away. ~. Harmening nominated their present acting judge, John Wessel. M~-or DeLong informed him that he was not inter- ested. Ms. Strnad nominated ~. De~id Centola, present City Prose- cutor. !~s. Jackson moved that the nominations be closed, seconded by Ms. Strnad. Motion carried 5-0. Mayor DeLong requested the City Manager to notify ?~. Centola. ~yor DeLong declared the nor~inations open for City Prose- cutor. Mr. Zack nominated Attorney Robert A. Dittman work- ing for the ~i~ of Gringle & Spinner in Delray Beach. Ms. Harmeni~ moved that the noon, nations be closed, seconded by Mss. Jackson. Motion carried 5-0. Mayor DeLong requested the City Manager to notify ~. Dittman that he has been ap- pointed. MINUTES - REGUI~R CITY COUNCIL M~TING BOYNTON BEACH, FLORIDA SEPTE~ER 7, 1976 Consider Reeuest of Drug Abuse Foundation M~. Kohl read the attached letter from South County Drug Abuse Foundation, Inc., dated August 30, 1976. ~s. Jackson remarked that it was too bad they did not re- ceive this before the budget was prepared. M~yor DeLong asked if ~appropriated fumds were available and Ms. Kohl replied that he could find the money. ~. Strnad moved to appropriate the sum of $3:000 as the City's share to the South County Drug Abuse Foundation, Inc. M~. Zack seconded the motion. Under discussion, M~s. Jackson questioned whether Delray Beach had contrihuted and Mr. Kohl replied: yes. Mss. Padgett then took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Vice Mayor Zack Aye Mayor DeLong - Aye Motion carried 5-0. &DM~ iS TRAT~E Receipt of Correspondence from Chief Judge Thomas E, Sholts Mr. Kohl read the attached letter from Chief Judge Thoms~ E. Sholts dated August 5, 1976. Mayor DeL.ong s~ked if the City Attorney had reviewed this and ~-~. Reed replied that he had and recommends this should be tabled and considered at the same time they consider adoption of the ordins~uce regarding the municipal traffic court. M~s. Jackson moved to table, seconded by ~. Harmening. Motion carried 5-0. Re~ues~ Authorization to Purchase New Police Cruiser P~. Kohl read the attached memo dated August 3t, 1976, from ~. William Sullivan, ~rchasing Agent. ~. Kohl added that the reason he went into this is when anyone drives ~u auto- mobile with this extensive damage, there is a lot of problems and he explained further. Also, Palm Beach Gardens is havi~ good luck with the Police Package Nova. ~jor DeLong asked if a bid was required and Ms. Kohl replied: no, that he did get estin~tes. ~s. Jackson moved to accept the reco~uendation of the City Manager and purchase a new 1977 Police Package Nova for $4,500 to $4,600. Mr. Harmening seconded the motion. No discussion. Motion carried 5-0. -18- MINUTES - REGUI~R CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA SEPTEmbER 7, 1 976 Consider Approval of Agreement Between Palm Beach County School Board and City - Re: Community School Program M~. Kohl referred to having this agreement in effect for many years and advised that a good job was being done. ~s. Jack, on asked if it was the same as before and M~. Kohl re- plied: yes. Mrs. Jackson moved to accept the recommendation of the City Manager in conjunction with the Recreation Director and have the proper public officials execute this agreement with the School Board of Palm Beach County. M~. Zack seconded the motion. No discussion. Motion carried 5-0. Consider Ao~lication for Taxicab License - M~. Gerald V. Siew ~. Kohl advised that a copy of the application was on file. They have had this man investigated by the License Department and the Police Department, and submit the results of their investigations: Our License Department called surround communities where he is now operating as well as the Palm Beach County License Department. Nothing derogatory has been reported on this applicant. 0~ Police De~tment contacted the Palm Beach County Sheriff,s Department and Police Departments in Lake Worth, Boynton Beach and Lantana, and found no past arrest records for this applicant. In addition, the Police Department contacted Miss Jane Kohl of the Lake Worth Chamber of Commerce, who advised they had received no complaints since M~. Slew began doing busi- ness in that City approximately three years ago. Miss Kohl also stated he is a member of the Chan~ber of Co~erce in Lake Worth. M~. Start, License Division of La~e Worth was contacted. He stated he has received no complaints or problems from the Lake Worth Taxi Company. Ms. Maryanne F8~cher of the Better Business Bureau. of Palm Beach County revealed they have received one complaint in February 1976. She was unable to provide specmx_c' "~ informa- tion on the complaint~ however, when called, the L~e Worth Taxi Comps~y assured the Better Business Bureau they would take care of the complaint. The Lake Worth Taxi Company is not a member of the Better Business Bureau. He requested Cotuacil,s wishes on this request. MsJor DeLong referred to there being no reco~mendation from him ~d M~. '' MEET=Nu SEPTembER 7, 1976 MI~UJTES - REGUL~R CITY COL~NCIL ~ ~ '~ --~ BOYNTON BEACH, FLORIDA Kohl replied that it was strictly up to the City Council ac- cording to the ordinance. Mayor DeLong stated he thought it wDuld be most appropriate that a study be made to determine whether more cabs are needed in the City. M~. Zack moved to table this for further study by the City Mansger. ~. Strnad seconded the motion. Under discussion, M~s. Jackson requested a legal opinion regarding the fran- chise. Motion carried 5-0. Consider Application for Permit to Solicit - Florida East Coast cerebral Palsy Association~ inc, Mr. Kohl advised that they have done this before and every- thing is in order. ~s. Jackson moved to grant this permission, seconded by ~. Harmenlng, No discussion. Motion carried 5-0. Application: Zoning Approval for Western Liquors Corporation 147 North Congress Avenue M~. Kohl read the application a.ud advised that it was a trans- fer. He added that it was located in the new shopping center on Congress Avenue and the location does comply. Mayor DeLong requested a motion to verify that everything is in order as far as the application from Western Liquors Cor- poration. Mr. Zack so moved, seconded by ~. Strnad. Under discussion, M~. Strnad asked if this was a transfer from a Boynton liquor license and M~. Howell informed him they had a license in Palm Beach Co~3~ty somewhere. Motion carried 5-0. Application for Zoning Approval - Cavalier Club (Tabled) M~. Harmening moved to remove this from the table, seconded by Mrs. Jackson. Motion carried 5-0. Mayor DeLong asked if the City M~uager was ready to proceed and ~. Kohl replied that he did not have ~uy additional in- formation, but it does not comply to zoning. ~s. Padgett informed the Council that !~. Vernon Thompson had requested to speak. ~k~. Vernon Thompson stated his name and his address as 2535 S. W. 12th Street. He referred to this coming before the City Council several years ago and the Council approved it with a 5-0 vote. They were approved by the County, but turned down by the State, which they a? peallsd. Since that time, the zoning has been changed. It was zoned properly at first. They were grandfathered in and ask to be gr~udfathered in now if they meet the requirements. The only difference is that the zone has changed. Mayor -20- MINUTES - REGUI~ CI~Z COUNCIL MEETING BOTNTON BEACH, FT~OR!DA SEPTEmbER 7, 1976 DeLong replied that they ~y have been grandfathered in on boer and wine, but the City must ascertain a~cording to the State Beverage Board whether thoy meot tho requirements on the local leval and at tho present time, they do not. Mr. Thompson statod that this was stopping thsm from applying for a liquor liconse. Mayor DeLong replied that it appoared as long as it did not comply with zoning, there is nothing thoy can do but answer the application that it does not com- ply. M~. Reed clarified that it was proporly zoned the first time, but the State stoppod it and they applied for a hearing. The City and County passod it, but they did not get their license. ~,~. Thompson agreed and advised that they have complied with the Stato now, but the City rezoned the property, M~. Reed stated that it would seom all the City could do is indicate they are not zoned properly, but at the time they originally applied it was zoned properly a~ad the State must determine whether thoy are grandfathered. Mr. Thompson roplied that he undorstood, but they cannot reach the Stato ~atil the City gives permission. ~aey discussed further the determination of tho grandfathering. M~ayor DeLong stated that if M~. Thompson appliod himsolf to the State, thoy would turn him down flat. He beliovos the City should contact the Stato in reforonce to this applica- tion and oxplain the details and find out whothor thoy would consider him being grandfathered. He thinks if the City ex- prossed thoir feelings insofar as the actual happonings, there would be moro attontion paid and he explained further. Thoy must give an explanation of why thoy do not meet the zoning regulations. ?,~s, Jackson moved to follow the Mayor's suggestion and also enclose any documents from the provious application. ~. Harmening socondod the motion. !'~yor DeLong clarifiod that it had been moved and seconded to instruct the City Managor in conjunction with the City Attorney to send a communication to the Lisuor Board with a definite explanation as to the back~rou~ information regarding this part~culs~' ~ ap~lication.~ No discussion. Motion carried 5-0. Approval of Bills Kohl read the following bills for approval: Penwalt Cornoration $ 1,083,68 Vacuum Filt~r Chemicals Pay from budgetod funds 030-822.62 Approved by City Manager -21 - MLk~JTES - REGULAR CiTY COUNCIL I~ETING SEPTEmbER 7, 1976 ~ ~ ~ ~T FLORIDA BO~ ~0~ B~A~n, 10. Longview Lime ~ydrate Lime Pay from budgeted funds 030-822.62 Approved by City Mar~ger 1,728.00 Asgrow F!ormaa Co. Hydout for weed control Pay from budgeted funds 001-851.62 Approved by City Manager 2,~00.00 Detr~y Awnings Awnings for Shuffle Board Court Pay from Recreation Account 001-502 Bid approved 7/6/76 ,676.00 Cynthia Lewis Server for Senior Citizens Club - 2 week~ Pe~v from Federal Revenue Sharing Fund 020-880 Ordinance ~73-~5, passed 5/15/73 96.00 Isia~h Andrews Sen~o~ Citizens Club 2 week~ Driver for ~ ~ - P~y from Federal Revenue ~haring Fund 020-880 Ordinance #73-t5, passed 5/15/73 90. O0 SlCOA? inc. 68pS-7-CP Est. #2 Jarvis Property Test Well Program Pea~ from Av~an~c National Ba~Zm 1975B Bond Issue Contract dated 5/12/76 ~4, ,424.76 Mo.od~'s Investors Service, Municipal Bond Rating Pay from Atlantic National Bond Issue Inc, Bank t975B 1,800.00 Stsmdard & Poor's Municipal Bond Rating ~ay from A~l~m~mc N~tmo~.al Bank 1975B Bo-~ Issue 1,200.00 Associated Ferris Printers Printing updated Official Statements of Bond Issue Pay from At!~atic National Bs~k t975B Bond issue ,398.90 Northern Bank~~ Note Company Water & Sewer Revenue Bonds Pay from Atl~utic National ®ank 1975B Bond Issue 1,549o'44 -22- M~TES - REGUlaR CITY COUNCIL ~ET~TG BOYNTON BEACH ~ FLORIDA SEPTEmbER 7, t 976 12. William R. Hough &~Comoany $ ~,098.50 To reimburse for pzinting of Official Statement Pay from Atlantic National Ba~k 1975B Bond Issue The bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Director; funds are available in their respec- tive budgets and he tacoma_ends payment of these bills. Mr. Harmening moved to pay the bills, seconded by ~. Zack. No discussion. Motion carried 5-0. M~. Strnad referred to the St. Juste and Roberson court cases pertaining to building code violations and asked the City Attorney just how long these could be continued being post- poned and ~r. Reed replied that he was not fan, liar with these cases as the City Prosecutor is handling both cases. ~. Kohl added that they have had continuar~ces and the St. Juste case did not come to court. ~DJOURN~NT M~s. Jackson moved to adjourn, seconded by ~. Harmening. Motion carried 5-0 ~ud the meeting was properly adjourned at 9.,0 P. M. -23- MINUTES - REGUI~M CITY COUNCIL ~ETiNG BOYNTON BEACH, FLORIDA SEPTEmbER 7,. 1 976 CITY OF BOYNTON BEACH, FLORIDA ~or ~,fe robe r C~-ur~ll- M~mber ~ ATTEST: ~' Ci'y Cler~ Recording Secretary (Three Tapes) -24- Cannon Ho~es-':- :" -.. '91 N..Ej'ggnd Aven~e--' -. Boynton Beach~ FL- 33435 August 25, 1976 Dear Gentlmen: Please be advised that all contruction materials inside and outside of your compound, including your compound fence, must be removed because construction haS halted for more than thirty (30) days. The ab~¥e request is governed by the Boyn~ ing ?rd~nance and must be complied with b. o~p~ ~_ 1976, or we will be forced to take the necessa~c~mon as prescribed by our City Ordinanoe. If you have .ny further questions, please do not hesitate to contact this department. Very truly yours, C. L. Schmidt Building De~r~nt CLS/ml INCORPORATED Mr. Edgar E. Howell Building Official City of Boynton Beach Boynten Beach, Fla. S3455 Dear Mr. Howell: We are in the process of resubmitting proposed building plans for our remaining lots. The VA-FHA requirements have changed and we are required to meet these changes. We expect these plans and VA-FHA approval to take approximately two months. After their approval, we anticipate the construction of houses on the remaining lots in this area. For the above mentioned reasons, we hope the City of Boynton Beach will extend our temporary use of our lot 15, Block 24 for a fenced compound. We will remove this upon completion of construction of these lots. We will also remove our construction trailer at the szme time. Very truly yours, C~1NON H0}.~.S¢ iNC. Retort E. Meygrs~ Vice President HEM:am 91 N. E. 22ND AVENUE, BOYNTON BEACH, FLA. 33435 305-737-3565 SOUTH COUNTY DRUG ABUSE FOUNDATION, INCORPORATED 2300 SEACREST BOULEVARD, DELRAY BEACH, FLORIDA 33444 305/278-0000 305/732-0800 C D A August 30, 1976 .-..~ \ ,- -----X/ ;\ .~ City of Bo~t~ Beach Post Office Box 310 De~ ~. Kohl: Due to a serious ~sight, South Co~ty D~g ~use not request f~cial support for ~e 1976-1977 fiscal ya~ as we had the previous ~ear. ~is creates a ~astic situation, s~ce without your suppo~ the progr~ is in dire jeo~rdy. Last year, the Municipal Government's investment in the progrnmwas $3,000, but we did not receive monies from any other organization within the City. The lack of additional financial support made it impossible for us to meet our local match funds from this section of our catchment area. Our progra~ has a grant from the National Institute on Drug Abuse for which our local share is twenty-five percent (25%) of our budget, or twenty-seven thousand dollars ($27,000). In the fiscal year 1975-1976, we averaged twenty-nine percent (29%) of our clientele from the City of Boynton Beach. Therefore, as you can see, without the $3,000 as contributed from the Municipal Government last year we would be placed in an untenable position. We are aware of the financial difficulty that all municipal governments are having, but this makes it increasingly imperative that each one contribute wi%at it can for its share. A complete loss of any one con- tribution for this year would make it impossible to offset the loss and, thus, significantly affect our services and continued existence. As you know, drug abuse creates a serious financial and human loss to a community and we believe that we are helping alleviate this problem as well as to rehabilitate and reintroduce into the community produc- tive, healthy citizens. It is with these facts in mind that we request your continued financial support to help the City to meet its responsibility to the community. Sincerely yours, Thomas W. Corwell Progra~ Director THOMAS E. SHOLTS ~UDGE To: City Managers and City Attorneys Palm Beach County Municipalities On January 3, 1977, the Palm Beach County Courts assume the judicial functions of the Municipal Courts. In preparation thereof, the County Courts are attempting to codify the of- fenses designated in the ordinances of the thirty-seven (37) Palm Beach County municipalities. The wide range of penal- ties imposed for similar offenses by the various municipalities creates administrative problems for the courts which could limit the Judges' ability to impose uniform punishment for like offenses throughout the county. Accordingly, to facilitate the work of the Courts and, ulti- mately, to better serve the local governments, it is requested that each municipality consider enacting an ordinance establish- ing a maximum penalty of a $500 fine and incarceration of six months' for any municipal offense, except in those cases where such penalties would be contrary to state statute. A draft copy of such ordinance is enclosed herewith for your consideration. Once passed, two certified copies of the ordinance should be sent to the Clerk of the Circuit Court. Please contact the Honorable James T. Carlisle, Acting Administrative Judge of the County Court Division, if you have any question or desire additional in- formation regarding this matter. Sincerely yoghurts, ~lts Chief Judge TES/t Enclosure CITY OF FLORIDA MIINIC!PAL ORDINANCE NO. This ordinance creates a uniform maximum penalty which may be imposed for any misde- meanor violation of all city ordinances, ex- cept where expressly prohibited by state law, and is enacted preparat6ry to and in conjunc-. tionwith the constitutional abolishment of Florida municipal courts and the assumpti°n of jurisdiction previously reposed therein by the County Court of Palm Beach County, effec- tive on January 3, 1977. Be It Enacted by the City Council of the City of Florida, that: A fine of not more than Five Hundred Dollars ($500.00) or a term Of imprisonment not in excess of six (6) months, .or both such fine and imprisonment, shall constitute the maximum penalty which may be imposed upon any person who shall be adjudged to have violated any ordinance of this city; provided, however, that this ordinance shall not conflict with any provision for penalties imposed for any offense under the laws of the State of Florida, and this ordinance shall supersede ~ny other penalty pro- vision contained in the code and ordinances of this city. This ordinance shall become effective on January 3, 1977. MEMORANDUM Prank Kohl, City Manager August 31, 1976 W~m.~S~Parchasing Agent Accident involving Police Car. On July 24, 197p, one of- our new Che~rolet Police cruisers was involved in a bad accident on State Road 804 and thE 1-95 Overpass. The frame of the cruiser was badly twisted along with other internal mechanical damage. We received three estimates with Mr. D's-.eStimate at $1,454.01; Adams Chevrolet estimate at $1,538.74 and the frame work on both is left open. Dolan's estimate is -for $t,060.00, however he does not include frame work. With such extensive problems I asked Adam's Chevrolet to give me a salvage price for the car. The quotation we receive~ Was for $2,200,00. This along with the insurance money we will receive (the other party was charged with the accident) would total $3,654.00. Adam's told us they would sell us a new 1977 Police Package Nova for $4,500-4,600 with delivery in 4 to 5 weeks. The chief believes this would be the most economical way to go over the duration we wo~ld run the car. The department has fund in this years budget which would have to be encumbered. Please advise what you want me to do.