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Minutes 04-20-76MI~TES OF REGU~LR CITY COUNCIL ~ET!NG OF THE CITY OF BOYNTON BEACH, FLORIDA, HE~D IN CITY_HALL__ , TUESDAY, APRIL 20, 1976 -ORESENT Joe DeLong, ~iayor Edward F. Harmenir_g, Co~Rcilman Emily M. Jackson, Councilwom~n Norman Fo Strnad, Councilman Frank Kohl, City Manager Robert B. Reed, City Attorney Tereesa Padgett,_City Clerk Mayor DeLong welcomed everyone and called the meeting to order at $:30 P. M. He requested everyone to arise at the sound of the gavel for the invocation given by Mr. Frank Kohl, City Manager, and to kindly remain standing for the Pledge of Alle- giance to the Flag led by Councilman Edward F. Harmening. Announcements Mayor DeLong requested anyone wishing to talk on any item on the Agenda to kindly s~p forward and give their name to the City Clerk, Mss° Padgett, and when that particular item be- comes the order of business, the City Blerk will call upon them to address the Council. Mayor DeLong announced that the Area Planing Board of Palm Beach County has been awarded a gr&ut by the U. S~ Environmen- tal Protection Agency to prepare an area-wide waste treatment management plan for Palm Beach County under section 208 of the Federal ~ater Pollution Control Act Amendments of t972. An ~Area Wide Advisory Group" is being formed. This group, con- sisting of local elected officials and interested citizens will serve as a focal point for incorporating public review and comment into the "208" planning program° Two representa- tives from Boynton Beach must be appointed, one elected offi- cial and one citizen, to attend the first meeting of the '~Area Wide Advisory Grou~' which is scheduled for ~:30 P. M., Thurs- day, April 29, ~976. The meeting will be held in the Area Planning Board conference room~ suite 200~ 2300 Palm Beach Lakes Boulevard, ~est Palm Beach, Florida. City Manager Eohl has a copy~ for each appointed member, of "The APB Foru~~ which describes the origin of "208" plan~ning in Palm Beach County. Mayor DeLong announced that the Chair would like a motion to appoint Councilwoman Emily Jac~on, the elected official, and ~. Fred DeSalle, the citizen, a civil engineer, to the "Area Wide Advisory Grou~' of the Area Plannir~ Board. M~. Harmening so moved, seconded by M~. Strnad. No discussion. Motion car- ried 4~0o Mih~JTES Regular City Council..Meetin~ - April 6~.. 1976 MI~JTES - REGUI~.R CiTY COUNCIL MEETING APRIL 20, 1976 BOYNTO~- BEACH, FLORIDA M~yor DeLong called on the members for their comments. ~. Harmening and M~s. Jackson passed. Mr. Strnad clarified that he has never requested nor said that a police patrol should be constantly on S. W. 6th Street. He would like to correct this on Page 4, last paragraph, He did not ask to have police there all the time, He thinks they should go there once a week or once every two weeks to survey the area. Mrs. Jackson Mud Mayor DeLong replied that the minutes did not state this~ ~. Strnad read the statement. Mrs. Jackson clarified that her statement was in response to a statement made by ~. Zack. M~yor DeLong stated that he thought Mrs. Jackson's statement was logical and he thinks the minutes should stay as they are. There are no contradictions. M~. Strnad stated that he just asked for them to go there once a week or every two weeks, but according to the minutes, it looks like he asked them to go alltthe time. Mayor DeLong announced that a motion was in order to accept the minutes as submitted. ¥~s. Jackson moved to accept Council meeting of April 6, ~. Strnad. No discussion. the minutes of the regular City ~976, as submitted, seconded by Motion cm~ried 4-0. Special City Council Meeting - April 15~ 1976 Mayor DeLong referred to being given these ~nutes tod~v and asked if the Council members were prepared to act on them? M~s. Jackson replied that she was ready. I~. Harmening re- plied that he just received them about 15 minutes ago and M~. Strnad stated the same~ ~s. Jackson referred to the notice of the special meeting stating it was called for discussion of the police pension fund, but three things were discussed. She would llke the parliamentarian to clarify this. ~. Reed informed them that according to Roberts Rules of Order, the notice must state the specific reason the meeting is being called for. ~-or DeLong agreed the notice should have been broader pertaining to discussion of everything pertaining to pensions. M~. Reed stated that everything coming before the body should be noted in the notice of the special meeting. If the purpose is reasonably anticipated, it should be set in the call. Mrs. Jackson moved to table the minutes of April ~5, ~976, until the next meeting, seconded by ~. Harmening. No dis- cussion. Motion carried 4-0. PUBLIC AUDIENCE Mayor DeL0ng requested anyone mn the audience wishing to address the Council to please step forward. He requested that they state their name~ address and nature of business. MINUTES - REGL~f~R CiTY BOYNTON BEACH, FLORIDA COUNCi~L ~ETING APRIL 20, 1976 M~. John Stephens stated his name and his address as 715 N. W. 4th Street. He told about his house being broken into twice since Thanksgiving and a rash of breaking into homes in this neighborhood during the last few weeks. He explained that most of the people in this neighborhood are working peo- ple. It seems there is a problem there and something should be done. He has talked to the Chief of Police mud he men- tioned that very little could be done. If very little can be done, it will continue and something must be do Chief told him how juveniles were released from Palm Beach so quickly. He then told about a hc that is vacant, but shows signs of evidently be He suggested possibly boardin~ this up. ¥~ayor him that Ms. Kohl was making note of this and action on both counts tomorrow. He requested follow this through and ~. Kohllagreed. as. The Police court in West ass next to his Lug in use. OeLong informed here will be hat Mr. Kohl ~s. Blanche H. Girtman stated her name and her address as 912 N. ~. 3rd Street. She informed the Counci~ that she is the CAC representati~u~ for community development for Palm Beach County for the City of Boynton Beach. She has had this positmon since March, 1975, mad has been ~efore this Council before in this capacity. Tonight, she is represent- ing members of the black community. She asked the members of the black community to stand. She stated this was just a small amount of the people concerned they cs~ne to ask the City Council to look into the proposal~ which at this time they find are very necessary, en distributed copies of letters to each Council member ologized for not having them ready sooner. She then re~d attached letter regarding the possibility of a thority for Boynton Beach. She then read the second at1 ed letter re- garding the employment Of a person by the City to work with the black community. She added that she also ~.ad a job des- cription available if necessary for ~n_s position. She is very much concerned. She has worked with t,h_is~community and has lived in Boynton Beach for 30 years. She nas seen no improvement. These people are also concerned. Mayor DeLong _eplied tha~ he belie~e~ these t~c _equests w~e v~ry rea~on able .and he believes the City Manager is in th~ process o~ settmng up a housing authority. ~. Kohl agreed that a houszng authormty was oe~_ng created, but no actmon had been taken in regards to Mss. Girtman's second letter. Mayor DeLong suggested that this be considered. He added that there was a need to employ a person from the black community. M~. Kohl explained how they may run into a problem with the County and Mayor DeLong referred to Mss. Girtman's recommenda- tion under CETA. Mayor DeLong announced that a motion would be in order to instruct the City ~nager to ~llow through on both communi- cations. M~s. Jackson so moved, seconded by M~. Strnad. MINUTES - REGNLAR CITY COUNCIL ~ETING BOYNTOI~ BELCH, FLORIDA APRIL 20, 1976 Under discussion, Mms. Girtman referred to the job description she had available e_ud M~vor DeLong requested that she give it to the City .,Manager as he believes it will be a good aid. Motion carried 4-0° At this time, ~yor DeLong announced that Mr. Zac~was unable to attend as he has ~he flu bug or something of that nature. Mms. Jackson noted that it was not yet 8:00 P. to dispense with the regular order of business, ~. Harmening. Motion carried 4-0~ M. and moved seconded by LEGAL Ordinances - 2nd Reading - PUBLIC HE~iNG Proposed Ordin~uce No. 76-13 RE. Amending Rules & Regulations as it Pertains to the Issuance of Parkin~ Permits ~. Reed read proposed Ordinance No. 76-13 on second reading by caption only. Mayor DeLong asked if anyone present wished to speak in favor of this ordinance ~nd received no response. He then asked if anyone wished to oppose this ordinance and received no response. Mms. Jackson moved for the adoption of Ordinance No. 76-~3 on second and final reading, secondedby Mm. Harmeni~g. No dis- cussion. M~s. Padgett took a roll call vote as follows: Co,iucilman Harmening &ye Councilwoman Jackson - Aye Councilman Strnad - Aye Mayor DeLong - Aye Motion carried 4-0. Ordinances - 1st Reading Proposed Ordinance No. 76-14 R~ Amending Section 5-2.~ Chapter 5 to Require a Clean-Up Bond Prior to Issuance of Building Permit of Mm. Reed read proposed Ordins~nce No. 76-1~ on first reading in its entirety. ~s. Jackson moved for the adoption of Ordinance No. 76-14 on first-reading, seconded by ~. Strnad. No discussion. M~s. Padgett took a roll call vote as follows: Councilman He~mening - Aye Councilwoman Jackson - ~ve Councilman Strnad - Aye ~yor DeLong - lye Motion carried 4-0. MI~UJTES - ~GULAR CiTY BOYNTON BEACH, FLORIDA COUNC~ M~T~NG APRIL 20, t976 M~s. Jackson moved to revert back to the regule~ order of business noting it was 8:00 P. M. ~k~. Harmening seconded the motion. No discussion. Motion carried 4-0. ~JBLiC P~ARiNGS Parcel Address~ 809 & 8t3 S. E. 4th Street Request: Rezone from R-2 to R-3 Use: To permit at least 7 apartments in 2 existing buildings Applicant: Andre St. Juste Mayor DeLong referred to the minutes of the Plauni~ug & Zoning Board meeting and this request having been denied by that Board by a vote of 6-0. ~. Andre St. Juste stated his name and his address as 809 S. E. 4th Street. He informed the Council that he has two buildi~ags on 4th Street. After building them, he could not rent them because they were too wide and too long. ~ople did not have enough money to rent apartn~nts that large. He took two apartments and divided them into three. Mayor DeLong asked if he had obtained e building permit and Y~, St. Juste replied that he built a tool shed ~ud got a permit, but did not think a permit was needed for inside the house. DeLong questioned if he realized he was in a R-2 zone mud was making this a R-3 building mud Mr.~.~ Justs replied that he found out afterwards that he needed a permit and had to pay a double permit fee. Mayor DeLong remarked that this is spot zoning and Mr, St. Juste renlied that it is R-2 mad he has asked to have it rezoned to-R-3. M~or DeLong informed him that he could make this request, but is not given the right to make R-3 in a R-2 zone. He violated the laws. He did not apply for a building permit s_nd felt he could do it inside because people would not see it. He referred to M~. St. Justs having been taken to court arid asked about the decision. St. Justs stated that the judge told him to put the people out, but did not make a decision what he could do. He was charged $600, but he is out of work and has not paid it. In the meautime, he has two apa~tments closed and must pay the City. He also has to pay the bank and everything. Mayor DeLong stated that he believed the Council members had all the facts in this particular instance. He sxolained that he would ask if anyone desired to speak in favor ~f what M~. St. justs has done, then will find out if anyone present is in opposition, and then it is up to the Council whether to accept the recommendation of the Planning & Zoning Board. !~L~. St. Justs referred to two people being against him at the Planning & ~oning Board meeting. He stated that one was the builder who built it and he had to go court with him. The other was a m~u living four houses south of his ~nd his son worked for him and he did not pay him. Mayor DeLong MIh~GTES - REGULAR CITY COU~fCiL ~ETING BOYN~N BEACH, FLORIDA APRIL 20, 1976 replied that they were not attempting to be rude to him. He doesn't think there is ~uything he can forward to this City Gouncil insof8~ as his actions that they already do not know. It is not necessary for any rebuttals. The Council will weigh the case after hearing the people speak. ~yor DeLong then asked if anyone in the audience wished to speak in opposition of this particular request and received no response. He then asked for comments f~.o~members of the Com~cil. Mm. Kohl referred to the two letters received in opposition and Mayor DeLong requested that he read them. M~'. Kohl read the two attached letters from~Alex and ~s. Ar~ua Shramko and Dr. Marlo J. Tomei, Mayor DeLong then read statements from the minutes of the Planning & Zoning Board meeting from Thomas Rouch ~ud ~ Clyde Jones in opposition to this request. He added that this had no be~ing as far as the parking was concerned; this is a violation in changing from R-2 to R-3. He then called on the Council members for their comments. M~s. Jackson stated she was not going to ps$~ any attention to the first letter from M~. and M~s. Shramko. She does not believe they should judge on promises. She think~ it is too high of a density. She thinks the Planning & Zoning Board voted properly ~ud she is going to vote against this rezoning request. Mr. Harmening stated he thought M~s. Jackson had stated the case in a nutshell. He thinks it would be spot zoning to zone this to a~commodate M~. St. Juste. He explained how he was not entitled to unusual consideration. ~. Strnad stated they could not possibly spov zone. Mayor DeLong stated that definitely under not¢ircumstances would he go along with any type of situation which M~. St. Juste has created. They can't go for a violation of the zoning code ~ud can't go for a violation of the plumbing with extra fixtures. He is sorry one letter did refer to color. This has no place. Mrs. Jackson added that perhaps ~o ~ Justs did not understand, but this ignorance of the t~is~o.excuse. M~s. Jackson moved to uphold the denial of the Planning & Zoning Board for this request from R~2 to R-3 for apartments located at 809 & 813 S. E. 4th Street. ~. Harmening seconded the motion. Mrs. Padgett took a roll call vo~e as £ollows: CounciimanHarmening - Aye Councilwoman Jackson - Aye Councilman Strnad - Aye Mayor DeLong - Aye Motion carried 4-0. APRIL 20~ 1976 ~ - MINUTES - P~EGULAR CITY COUNCIL M~E_ING BOYNTON BEACH, FLORIDA Parcel ~2 Request: Use: ~ . Appl_cant. Rezone from C-3 Co~aercial to R-3 Multiple Family Multiple Family Land Unlimlted,Real%y representing Owner: Sears, Roebuck & Company ~. Ed Duffy, Jr., stated his name and his address as Land Unlimited, Realty, 3604 West Boynton Road. He referred to most of the members of the Council being familiar with this particular piece of property. He stated that Sears bought iz approximately 4½ years ago and since that time~ the County has rezoned approximately 100 acres for DeBartolo. Sears felt there was not a need for two large shopping malls within this area. It is common knowledge that Sears i$ ~ing with DeBartolo. They do not want to se~tl this 100 acres under C-3 zoning. That is why they requested part to be rezoned to R-3. They could build R-3 in this C-3 zone at the present time with the approval of the Pl~uning & Zoning Board. They do not want to se~l the property with the complete C-3 zoning. Mayor DeLong referred to the Planning & Zoning Board recom- mend~ug this rezoning with a vote of 5-1. He asked if anyone desired to spe~ in favor and re~ei~ no response. He then asked if anyone wished to soeak in opposition and received M~s. Jackson moved to uphold the recommendation of the Plan- ning & Zoning Boa_~d and grant this request from C-3 to R-3o Mr. Harmening seconded the motion. Under discussion, ~L~yor DeLong remarked that a move such as this type was upgrading this property~ He feels the Plannir~ & Zoning Board used good wisdom. M~s..Jackson added that she also thought it was to the credit of Sears that they are asking for this upgrad- ing too. Mayor DeLong added that there would be too much concentration of C-3 and it would not do emybody any good. Mayor DeLong then referred to the minutes of the meeting of April 13 of the ~lamning & Zoning Board ~ud a very interest- ing statement made by ~. Rossi on Page 3. He read the statement regarding the Congress Avenue right-of-way. He thinks it is incumbent upon this City Council to consider this. He explained how he had seen it happen with many cities developing along the coas~ and there being no pro- jection nor foresight. This is the time now to acquire rights-of-way to accommodate the flow of traffic in the future. He thinks the City C~uncil should adopt a policy that this 10 ft. additional right-of-way ~e t~ken into con- sideration ~ud they should prevail upon the people to dedi- cate it. ~s. Jack~on agreed, but stated that it looked like they were trying to bribe them. M~yor DeLong replied that he was just calling it to their attention. ~. Duffy referred to the Plenning & Zoning Board discussing this fur~ ther~and the dedic&tion would be considered when the final -7- MI~T~S - REGUL~ CITY COUNCIL ~_E~TING BO_VNTON BEACH, FLORIDA APRIL 2O, 1976 ~ll~s were presented. M~yor DeLong replied that he was fam- iliar with this ~md if this City Council adopts a policy~eti- fication should be given to the Planning & Zoning Board that plats should not be approved unless the applicant is willing to dedicate 10 ft. M~. Strnad stated he would be hesitant to vote in favor of this in light of the lO ft. which was men- tioned because this land could automatically become a non- conforming piece of land. Mayor DeLong stated that if this Council adopted a hard ~ud fast rule that the olat will not be approved until they agree, nothing will int~r~s. A m~mber of the audience requested a legal description and Mrs. Jackson informed him this land was located south of the iTV Station on Congress Avenue across from Leisureville. Duffy pointed it out on the map to the gentleman. M~s. Padgett then took a roll call on the motion as follows: Councilm~u Hs~mening ~ Aye Councilwoman Jac~on - ~e Councilman Strnad - ~ve Mayor DsLong - Aye Motion carried 4-0. Mayor DeLor~ anno~uced the next order of business would be to instruct the City Manager to h~¢e the City Attorney draft the appropriate ordinance of rezoning. M~~. Harmening so moved, seconded by ?~s. Jackson. No discussion. Motion carried 4-0. Parcel #3 Request: Applic~ut: Ab~udonment of Easement for Drainage Purposes Golf View Harbour, £nd Section M~lnor Corporation ~yor DeLong advised that this was approved by the Planning & Zoning Board by a vote of 6-0. He added that in the motion, they should not only accept the reco~mm~endation of the Plan- ni~ & Zoning Board~ but accept a substitute easement 25 ft. to the east. M~s. Jackson referred to the minutes from the Planning & Zoning Board on Page 6 and questioned ~. Rossi's reference to the bank accepting it and M~. Harmening replied that Rossi was surorised the ba~2~ did not catch the fact that the house was built over an easement. Mayor DeLong added that the mortgage was granted with that cloud. ~. Harmening also referred to these minutes ~ud the refer- ence made to a pipe being in the existing easement over which the house is built and he would like to ~uow what kind ~ ~R CITY .~Ez~NG MINUTES - R~G~ COUNCIL . m~- BoyNToN BEACH, FLORIDA APRIL 20, 1976 of pipe is in the easement. Mm. Howell replied that he be- lieved this was an error as there is no pipe in the easement. ~k~. Clark stated that as he recalled, the replat indicated th~ pipe would be relocated which to his knowledge has not been relocated yet, but the existing pipe is in place under the house. He has mot investigated this personally, but knows the drainage must be relocated. M~. Hs~mening referred to the possibility of this pipe bres/~ing. M~. Clark stated that i£ there was any question, the developer or builder should locate the pipe. Mayor DeLong asked if the pipe would be left existing mud M~. Olark replied that he would not recom- mend that. He will work this out with the builder and the Building Department. They must do something so it will not cave in. Ms, or DeLong asked if anyone wished to speak in favor and received no response. He then asked if anyone was opposed and received no response. Mr. Harmening continued that if they allowed the granting of the new easement with the pipe under the house sm_d if anything happens to this pipe, he feels they would be par- tially responsible. Before they act on this, he think~ the City Manager should be instructed to have the City Engineer and Building Department verify what is under there, which shouldn't be too difficult, smd also recommend a satisfactory solution to the problem if a oroblem exists. Until this is accomplished, he would be against it. ~.~yor DeLong referred to expediting this a_md questioned if a motion could be made contingent on these requirements. ~@. Harmening replied that he would like to be satisfied in his own mind that the requirements will be met and are met. He added that some- times in expediting, they end up in trouble and it could also cause the owners of this house a serious problem. M~. Harmening ~ade>a motion to deny this request. Mayor DeLong asked if he was going to add any stipulations and M~. Harmening stated that after the proper information is brought out and depending on the type of information, the proper solutions arrived at mud the solutions implemented, they can then bring it back for ~uother hearing. P~yor DeLong suggested possibly not turniD~ it down cold, but to be certain everything is in order before taking the action recommended by the Planning & Zoning Board. i~. Strnad stated that he u~derstood that there is a concrete pipe under the house. Obviously, the pipe cannot be removed from under the house. Possibly the ~ipe cs~u be blocked and when this is done, the man can have his easement. Mayor DeLong announced t.~a~ the Chair would accept M_~. Harmening's motion and asked for a second. Mss. Jackson seConded the motion with the understa~udim~ it was to deny -9- MI~JTES - P~GULAR CITY COUNCIL MEETING BOYi~ON BEACH, . LOR~DA APRIL 20, 1976 the request at this time until the problems are rec%ified. Mr. Harmening clarified that it would be amicable to have a rehemming at a future time after the City Engineer a~ud Build- Lug Department have submitted an appropriate report. He does not see where time is of the essence as the house and easement are not going to go away. N~jor DeLong stated that it had been moved hud seconded to deny this request until such time that reports are submitted from the City Engineer and Building Official that any pro- blems which existed are rectified. Motion carried 3-1 with Mr. Strnad voting against. .LEGAL (Continued) Resolutions Proposed Resolution 76-W - RE: Determining Necessity of Pa~ing N. ~. 7th Ct. Payable bY Special ~%ssessment ~m. Reed read proposed Resolution 76-W. ~. Harmening moved the adoption of Resolution 76-~, seconded by ~. Strnad. Mayor DeLong added that he believed it would have to be included to have the City Manager proceed in con- junction with the City Attorney and City Engineer to proceed with the preparation of an assessment roll. ~k~. Harmening agreed, l'~s. as follows: Padgett then took a roll call vote on the motion Councilman Harmening - Aye Councilwoman Jackson - _&ye Councilman Strnad - Aye Mayor DeLong - ~je carried 4-0. Proposed Resolution 76-X - RE: Repealing Res. 74-L Providing for Guidelines & Procedures for Annexation of Land ~. Reed read proposed Resolution ?6-X. ~s. Jackson asked if the Exhibit should also be read and ~. Harmening referred to it being six,pages. Mayor DeLong suggested that the motion could include that this be soread upon the r~nutes. Mm. Reed stated it was a rather invol%ed and detailed orocedure ~ud he didn't think any legitimate purpose would be ~olved. ~or DeLong referred to the Planning & Zoning Board no% knowing exactly what the procedure was in reference to annexation in the pasv ~ud this is the guidelines. Mm. Reed explaLued how there were two methods to annex property. He thinks probably the most significant change is they have attempted to guaran- tee the review of all annexation petitionm by all department heads for study before coming back to the City Council. A MI.~TES - REGULAR CITY_ COUNCIL ~EETiNG BOi~TTON BEACH, FLORIDA APRIL 20, 1976 report will be prepared indicating what sort of zoning, whether the' property will be able to receive municipal ser- vies, etc., so when the ordinance is read all matters have been decided. Mrs. Jackson referred to the l~md having to be contiguous and added that she feels there have been quite a few changes made. Mm. Strnad referred to the meaning of contiguous and questioned what a substantial part of the boundary would be? M~. Reed replied that he could not answer this, hut basically was why he referred to Section 171.031(11). He then read tb~s section for explanation. M~. Strnad asked who would determine this and M~ Harmening replied the City Council would. Mr. Reed stated that initially the application must he reviewed by the Planning & Zoning Board and they make a report to the City Coumcil. Ultimately, the City Council must decide that. After the first reading.of an ordinance, it must be published for four consecutive week~. At the public hearing, som. e objection might be presented about the amount being contiguous and the Council must decide. Sub- st~ntial means reasonable. He thinks the Legizlature w~uted to m~ke the point that water, railroad tracks, etc. separat- ing property from the City will not prevent the City From annexing, but property cannot be annexed by running a narrow corridor to that p~ticular piece of property. M~s. Jackson referred to annexing St. Andrews and according to this, it would be out of the question. Mayor DeLong clarified that it would ~e left up to the discretion of the Planning & Zoning Board what is a substantial part and the City Coumcil must decide. Mayor DeLong then requested that a zoning map be in the Council Chambers for their reference. This is the only City he has been in where it is missing. It is a disad- vantage to the members. They should have a modern uo to date zoning map~for reference. ~s. Jackson moved the adoption of Resolution 76-X, seconded by Mm. Harmening. i member of the audience reeuested to ask a question and Mayor DeLong advised that i~ was not open for discussion, as this is not an ordinance. ~. Reed clarified that they were not talking about any specific piece of land. This resolution just sets up the procedure when arnaexing laud in the future. Mayor DeLong explained how it was just a guide- line for the P!~uning & Zoning Board. He added that there was no intention on the oart of this Council to promiscuously annex land such as the rSsidential spots west of the City. They are concerned with the big developer dependent upon the City of Boynton Beach for services of water and sewers. },~s. Jackson added that a copy of this resolution ~ud exhibits would be posted on the bulletin board. MINUTES - REGULAR CITY BOYNTON BEACH, FLORIDA COUNCIL .~ET iNG APRIL 20, 1976 M~s. Carol Wires stated her name and her address as Flavor t~lct Road, Boynton Beach. She informed the Council that she got the impression from the City Attorney that the City was anticipating in the next couple of months to annex some land. They must have somethir~ in mind to bring this resolution up now. Mejor DeLong replied: no, it has been hanging fire for several years. These are guidelines for the Planning & Zon- ing Board. He added that the Chairman of the Planning & Zoning Board was present and he could testify that this ws~ done in reply to a request on his part. Mm~. Kelly assured her that the Pla_uning & Zoning Board had been looking for this. Mayor DeLong continued that there would be no promis- cuous s~nexation of terr~_tory to the west. To establish the western boundary lines will be left to a referendum to be voted on. Those people c~ncerned should also have the right to choose whether or not they want to be annexed into the City. it should be a double referendum with the people in the City voting whether to accept and the private families in unincorporated areas voting whether they want to come into the City. He gus~antees this will be the procedure which will be followed. Mrs. Wires continued that a petition came around last summer as~g whether they wanted to be~in the City of Boy,ton Beach. Then, she received a notice in the mail that her address had been changed from Delray Beach to Boynton Beach. Mayor DeLong informed her that the address change was done by the post office. He does not 9mow about the petition ~ad it was not circulated by the City. He further explained how the City was only concerned with the big developers. There is no definite drive to force all home owners west of the City into Boynton Beach. They will have the privilege later on, which will be many years in the future, whether they want to be in the City. ?ms. ~ires insisted that her address was Boynton Beach and Mayor DeLong replied that this was done by the post Office. He added that nobody would force the people to do anything age,est their wishes. ~,~s. Jackson added that one part of the exhibit was not read which points out there is a chance for people to have a referendum. Mm. James Kemp stated his name and his address as Hypoluxo Farms Road. He informed the Council that two years ago~ they organized to stop the City from annexing along Hypoluxo Road. Tonight they are talking about westwe~d movement. There are several thousa~ds of acres east of Congress a~ud yet the City wants to go westward to make Cor_gress the center of Boynton Beach. The Cou~ucil is telling what is in their mind aud what they want to do. He moved in the County, so he would not have to live in the City. The State law stopped the City two years ago and it will stop them again. Mayor DeLong replied that he was laboring under misaoprehension and ~. Kemp stated he was reading between his words. Mayor DeLong replied that he was absolutely wrong. He stressed how they were concerned with big developers. MINUTES - REGULAR CITY COUNCIL ~F~TLNG BOYNTON BEACH, FLORIDA APRIL 20, 1976 ~s. Jackson moved to amend her motion to include that the full ~ext of the resolution along with the exhibits will be posted in City Hall for anyone to see. ~. Reed suggested that the Area Planning Board be contacted to see if c0pies of their report could be made available for the members of the Planning & Zoning Board. Mayor DeLong requeste~ ~. Kohl to take care of this. Mrs. Padgett then took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - ~e Councilm~ Strnad - Aye Mayor DeLong - Aye Motion carried 4-0. Proposed Resolution 7o-~ RE: Providing for Issuance of Not EXceeding $670,000 R~funding & Improvement Revenue Cert. Reed read proposed Resolution 76-Y. ~. Harmening referred to Page 2, Paragraph C, and questioned if after the period of May 3t, 1977, or any time subsequent does the prermium ~nalty still uprate or does it expire at that date? M~. Reed replied that Resolution 71-BB set up the police building revenue bonds of t97t and Section 1~ pro- rides I~% of premium redemption from June to May. Thereafter, there is a premium of 3/4 of !%. ~-~. Harmening remarked that it drops in half emd M~. Reed agreed. Mrs. Jackson referred to Page 1 and both the police station and public park being for the orotection of public health, safety and welfare of the inha~it~uts of the City of Boynton Beach. She questioned how this pertained to a park. She also questioned how they arrived at the $300,000 figure for a feasibility study. M~. Kohl replied that he did talk to one of the architects who built the original building and was ~_n~ormed the price would be $~5.00 to $~0.00 per square foot. M~s. Jackson referred to the salesman from the realty being a member of one of the City boards and explained how they should be careful about this. She asked if an appraisal had been made by an uninteresed appraiser and ~.~. Kohl re- plied that the Co~uucil had requested this and it was ~one. ~s. Jackson asked how long ago and M~. Kohl replied approx- imately 1½ to 2 years ago and he doesn't .believe it would change much. Mrs. Jackson r~erred to payir~ 5~% on the loan now and how the pre.~um was raised and it would cost the taxpayers more money. She then asked if it was going to be validated like the ~97~ loan? Mmyor DeLong replied that as far as validation, MINUTES - REGULAR CITY COD~CIL ~ETING BOYNTC~ BEACH, FLORIDA APRIL 20, 1976 he th~kst it is very commendable that people loanir~ money have faith in the City of Boynton Beach. M~. Reed added that he has been in touch with the First Bank and Trust and the legal ccunsel indicated no reason for validation of the bond. Also, Se not nece ~s. Ja[ pples ~ oolice s Round lJ dollars. with wac sewer W~ a refer~ have an~ sitting there w~ lized a~ endorsiz ~s. Jac endum. ction 7, Paragraph 24, of the Charter provides it is ssary unless it is a general obligation of the City. kson stated she still says they are talking about nd oranges. They are talking about a parkland a tation and she doesn't think they mix.- It doesn't ke much ~ntil the interest is figured at one .million Mayor DeLong referred to talking in the millions er and sewer. I~s. Jackson replied that water and re a necessity, but she thinks this should be put to ndum of the people. She doesn't think the i~ople thing to say now. She doesn't think the few people on this Co~uucil should do this. Mayor DeLong stated s a definite necessity for this and it will be rea- time goes on. He told about various orga~aizations g this. Also, it does not require a referendum. kson r~plied= that she felt it should be put to refer~ ~. Ree~ referred to I'~s. Jackson's previous inauir~ regard- ing themr State Revenue Sharing Funds being jeo~ardmzed. He referred to a letter from ~. Burton M. Michaels, Staff Attor- ney for the Florida League of Cities indicating no ~eopa. dy. ~. Strnad moved for the adoption of Resolution 76-Y and Mayor DeLong laid aside the gavel to second the motion. No discussion. Mrs. Padgett too~a roll call vote as follows: Councilm~u Harmening No Councilwoman Jackson - No Councilman Strnad - No Mayor DeLong - No ,~o~=on defeated 4-0. ~b. yor DeLong announced this would be reconsidered at the next regular meeting~ if they don't have a special meeting before then to t~me c~_~e of it. Other Re-approve Contract of Sale for Purchase for Regional Facility Between Cities of Boynton Beach and Delra~ Beach M~r. Reed informed the Council~that the contract has now been formally approved by Delray B~ach. The only difference is that due to the delay in being able to get the contract before MI~VJTES - ~GULAR CITY CO~C±.~ MEETING BOYNTON BEACH, FLORIDA APRIL 20, 1976 the Delray Beach City Council, they had to amend Paragrap~h 3 entitled ~'Time for Acceptance" to extend it to April 22, 1976. It was the mutual feeling of the City Attorney of Delray Beach and himself to bring it before the Boynton Beach City Council mud get final approval. If Mayor DeLong will initial his approval to the change in this dste, they can proceed with the closing of the action se~ for. May 4. ~s. Jackson moved to accept the recommendation of the City Attorney and.execute the contract of sale. ~m. Reed also requested that they requisition the check for $30,000 post haste. Mme. Jackson included this request. ~. Harmening seconded the motion. No discussion. Motion cs_~ried 4-0. Approval of Lease Between City of Boynton Beach and Boynton Beach Child Care Cente~ ~. Reed explained that the lease involved two additional lots. Mms. Jackson moved to execute the lease as or~sentem, seconded by M~. Harmening. No discussion. Motion carried 4-0. OLD BUSII~SS Request to Ocean Ridge - Mayor Joe DeLong Mayor DeLong informed the Council that the request was to instruct the City Manager to make application for the first aid station on the beach again because they are having pro- blems wit~ people having heart attack~, etc. With the appro- val of the Council, he would like to have the City Manager resubmit the plans to the Town of Oce~a Ridge for a first aid station. Mr. Strnad so ~oved, seconded by ~. Harmening. No discussion. Motion carried 4-0. BUSINESS Discuss Action to Recover Sequestered ~alue on Boynton Sewer Plant When Phased Out - Councilwoman Emilv M. Jackson ~rs. Jackson read the following statement: '~First I would like to review the background of our wastewater and sewer treatment plant. Im the interpretation of Public Law 92-505 (Fedsrs~ Register), they said that cities would be oai~ for no faci- lities that were phased out. The W. Q. M.-P. ~ud State clearly stated that we were discharging into the Intracoastal esther!an waters. Council and the engineers were told by the D.P.C. to chemge the discharge to ou~fe~l and that we could MINUTES , REGULAR CITY COLrNCIL ~ETiNG BO!~_~TON BEACH, FLORIDa. APRIL 20, 1976 not put an outfall into estuarian waters, citing Lake Worth and Palm Be~ch, who would have to phase out their outfalls. (They were zorced to go into deep well injection, which is experimental) They also forced the re§ional wastewater sys- tem of Riviera Beach to abandon their plan. We were told at a meeting it was most cost effective, and they used computers to ascertain this. In effect, it was a mandate that we had to go with Deltas. The W.Q.M.P. was adopted in September, 1973, subsequently approved by the D.P.C. and the E.P.A. Boynton Beach and Delray joined in an application for ~edera! funds for treatment for a request for federal funds for pl~us of a regional twelve MGD, and regional treatment and disposal system and Boynton Beach r~ade application for initial olans for hooking i~to the regional plant. This had been sp~lled out in the W.Q.M.P. The plans for the regional plant were developed by the consulting engineers, and preliminary steps for connecting the Boynton sewage system to the regional plant were explored further as outlined in the ~W.Q.M.P. In the ~eantime, tD~ Boynton Beach pls_ut was failing to oerform the treat~_ent system satisfactorily, which resulted ~n a building and connection moratorium, which in turn re- sulted in severe construction limitations and reductions in building permits. Delrsy, in the meantime, after joint application for federal grant had been made, begem insisting the regional plant was to be owned and operated by Delray Beach, and Boynton Beach wou~pay for the service of volume and waste- water produced in Boynton Beach. This position was taken because they owned the l~ud for the treatment site and also the outfall to be used for the system, and the force main from the plant to the outfall would lie entirely in the con- fines of Delr~v Beach. Also they had on deposit, from prior bond issues which they had been unable to use, an amount of money capable of covering 25% of the initial 12 MGD treatment and disposal system. Inasmuch as an application for 1.25 MGD additional treatment capacity for the Boynton Beach pleat had been author- ized and approved, but not implemented or funded, Council decided that it was necessary to relieve the moratorium and provide appropriate capacity to permit the City of Boynton Beach to grow- normally until the regional plant could oe placed in operation, which was very indefinite as to the date when it could handle all the wastewater oroduced in Boynton ~ adjacent to which Boy'ton Beach had out- Beach and t~e area ~ standing commitments. -t6- Mih~J~S - ~GULAR CITY C0~C-rL BOYNTON BE~CW WLORID~ A~RI~ 20, ~976 The main emphasis in t974 was placed on sec~uring an equitable agreement with Delray Beach for ownership and oper- ation of the regional treatment and disposal facility which, by every concept of the W.Q.M.P. and the application, was a distinct and nnequivocal joint venture. This concept was placed into an interlocal agreement at the end of DecemBer, 1974 (Dec. 26th). An experienced Director of Utilities for Boynton Beach was employed. The 1.25 MGD package treatment plant was funded and constructed. A part of that contract was the re- furbishing of the existing Boynton Beach treatment and dis- posal plant. As a result of the effective direction and grading of existing facilities, the plant began to function to meet the criteria of the State and Federal governments for the wastewater treatment effluent, ~ud as a result the moratorium was, in effect, lifted. The South Centra! Regional Board was implemented in con- formity with the interlocal agreement, a C.=.0. hired and headquarters established in 1975. in the latter part of 1975, in looking toward the relief of the grant from the EPA, it was required that a cost effec- tive e~alysis be developed for the raw wastewater delivery syste~ of Boynton Beach to the regional plant. The cost effective study as oreoared by Russell & Axon, and as sub- mitted to the DER (~or~erly DPC) and the EPA reconumended that the Boynton Beach plant be kept in operation for a period of five additional years after the regional 12 MGD olant was started, for the reason that the a_~ea to be served by the regional pl~t indicated that that plant would be overloaded the first d~v it went into operation. The EPA ~nd the DER would not accept that recommendation ~d insisted that the plant must be phased out when the regional plant started. The second phase of the regional pleat is scheduled to be 9 MGD capacity and must begin very shortly after the first 12 MGD plant starts operating. The EPA and the DER were adamant on this matter with their engineers and thus immediately raised the question of governmental denial of the use of facilities which were operating in a manner acceptable to all regulatory bodies ~ad for which no compensation was ind--i~-~ted or even suggested. This of course raises the ques- tion of constitutional rights of property. The engineers had raised this question initially when the cost effective analysis was being studied on two sepa- rate occasions, by direct letter, and to which there was no reply Dnuown tc be coming, EPA suddenly asked for a conference -17- MINUTES REGuLaR CITY COL~CiL M~=TING BO'~TON BEACH, ~ LORiD~ APRIL 20, 1 976 between the city, consulting engineers, DER and ~PA. inso- far as I know, there has never been any response to this very basic constitutional question. It was discussed at this con- ference in 1975 in which the EPA cited administrative rulings on the application of the administrative rules PL 92-500 which prohibits paying for any existing facilities. This is in the appropriate Federal Register. Prior to 1975, Pompano was able to obtain reimbursement for their outfall by a special arrangement with legislative action in the State of Florida. Subsequently in ~975, the cities of Lake Worth and Palm Beach made application to the State for their outfalls which also must be abandoned because of the ruling that they go to deep well injection. The Palm Beach Legislative Delegation has reportedly ruled favorably and will introduce legislation to reimburse Lake Worth and Palm Beach for the phasing out of the~ outfalls. We must carry our claim to the State, and at the earliest possible date as~ Soon as this legislative session is over, ~e immedi- ately must take the appropriate steps to pursue ou~ c~o -~egislative Delegation. (about 2½ million dollars?) ! therefore move that we have a resolution drafted to present to our Legislative Delegation, ~d aggressively pursue the necessary steps for proper reimbursement.- Mr. Harmening seconded this motion. Under discussion, Mm$-or DeLong stated there was nothing wrong with the recommendation, but the Chair believes between these people they wilt come to their senses not to phase out the City plant, but it will be kept on a stand-by emergency basis. It has been pointed out and dis- cussed on man)- occasions the day the pl~t is built for the region~ it will h~ze already met its full capacity. Plans for another pl~ut should oe commenced as soon as the regional plant is started. He then called for a vote on the motion ~ud the motion carried 4-0. Discuss Auditorium for Boynton Beach - Councilwoman Jacksoo Mms. Jackson referred to about two years ago when the Chamber of Commerce Com~ittee made a study for the use for an audi- torium. That was as f~ as it went. She would like to move to ask the Chamber of Commerce to reactivate that co~ttee and give this Council a report and msd~e a feasibility study. Mayor DeLong stated that as Msjor, he is on the Board of Trustees of the Cha~Oer of Commerce and the Chamber of Com- merce has a very active committee under the chairmanship of Dennis McNamara. He believes the Chamber is in agreement to handle this through a Deferendum by the people. He believes everyone feels they are moving in the proper direction. He asked if M~. McNamara had anything to add and ~. McNamara agreed with his co~ents. MINUTES - REGUL~R CITY COUNCIL I~6ETING BOYNTON BEACH, FLORIDA APRIL 20, 1976 ADMiNISTP_~Ti~YE Request Approv~ Change Order #2 - Final Balancing - Raw Water ~in - ~. Jackson & Sons Construction Co. Me. Kohl read the attached letter from Russell & Axon dated April 14, 1976~ Mayor DeLong remarked that this was cer- tainly a switch. ~s. Jackson added that she thought there was a mistake with it being a decrease instead of an increase. Mrs. Jackson moved to accept it quickly, seconded by M~. Harmening. Mayor DeLong clarified that it had been moved and seconded to grout the approval of change order #2. No discussion. Motion cs~ried 4-0. Consider Ratification of Agreement Between the City and Invern~onal B_otnerhood of Firemen & Oilers~ AFL-CiO M~. Kohl advised that the above agreement has been submitted to the City Attorney and he concurs with the agreement. He has a copy of this agreement for review if ~y me~oer desires ~o see it. He respectfully requests that the City Attorney be directed to prepare the appropriate resolution for the May 4th meeting for ratification of this agreement. Mr. Harmening moved to accept the City Manager's recommenda- tion, seconded by Mrs. Jack, on. ~yor DeLo~ ~unounced it had been moved and secomde~ to accept the City Manager's recommendation ~ud ~irect the City Attorney to prepare the appropriate resolution for the ~ ~4th meeting for ratifica- tion of this agreement between the City of Boynton Beach and International Brotherhood of Firemen & Oilers, ~L-CiO, Local #5. No discussion. Motion carried 4-0. Receipt of Defender Correspondence from Reynolds & Marchbe~s, ~blic M~. Kohl read the attached letter from Reynolds~& M~rchbanks dated March 30, ~976:. He added that a letter had also been received from Dave Centola. Mayor DeLong stated insofar as receipt of correspondence from Reynolds & Marchbanks, it would appear at the ~esent t~me, un±ess the Councml ~s prepared to ~m~ke some kmnd of adjustment, it should be tabled i~ud considered a~ the next meeting. In reference to ~. Ce~tola's letter~ i~ should be resolved be- tween the City Attorney and the Prosecutor. ~s. Jackson moved to table the correspondence from Re~el~s & Ms&~ah~&~s~ seconded by ~. Strnad. M~s. Padgett informed the Council that M~. Oxner and ~. Centola had requested to speak. -19- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA APRIL 2O, 1976 Under discussion, Mr. Harmening stated he would like to see the situation handled as it has in the past where the cost to the City from the Defender's Office had been left. He hates to see the cost for this type of operation escalate. He knows it is required by the Supreme Court, but in the oast they have kept it to a minimum. Mayor DeLong ~nformed him tnst this particular item would be ~abled until the next meet!ng. Mro Harmening agreed~ but stated that he wanted to express his sentiments. Mrs. Jackson asked if it was permissable to ask a question of Y~. Oxner. Mayor DeLong replied that insofar as ~. Ox~er is present, he will__ave~ the opportunity to aopear~ ~ the next meeting because the motion is to table his reeuest for an in- crease of funds ~ud his statement to serve only tuutil July. Insofar as ~. Oxner or his firm as ~blic Defender, this will have to be ironed out between the Prosecutor, himself, and the City ~* A~orney. M~. Oxner informed the Council that he was not present to debate the problems between the court s~ud M~. Centola. He just wanted to advise the Council that ~ order to do his job right, he c~not continue ethically at the present rate of compensation. M~yor DeLong replied that they will ts~ke this into consideration ~ud this will be on the agenda for the next meeting and he will be invited to appear. A co~mit- ment has been given until July ~. He is extended the courtesy to attend the next meetim~g when his request will be the matter of busmness. Motion carried 4-0. .Consider Request of ~est Winds Golf & Racquet Club M~. Kohl advised that a copy of the map and drawing relating to the sign installation and plantings at North Charter Drive and South Congress ~.venue had been given to the Council mem- bers. For their information, the signs encroach slightly upon the right-of-way of North Charter Drive. Planting for the most mart is in the right-of-way. It is understood that West Wind~ will ~.intain the plantings and sprinkling for this area. The proposed sign conforz~s to the sign ordinance and was approved by the Community Appearance Board, excerpt from the April 5th C.~J~' meeting pertaining to this matter has been given to the members. He would like to point out that West Winds Golf & ~acquet Club did t~e over a portion of what was formerly kmown as Charter World. He thinks it would be a nice addition there. ~yor DeLong added that it was his understanding they ~ere trying to divorce themselves from the name Charter World. MI~JTES - R~GULAR CITY COD~C~L ~ETING BOYNTON BEACH, FLORIDA APRIL 20, 1976 ~s. Jack, on moved to grant the request of West Winds Golf & Racquet Club, seconded by M~. Harmening. ¥~yor DeLo~g an- nounced that it had been moved and seconded to grant the re- quest of West Winds Golf & Racquet Club as outlined in the communication received from M~. Kohl relative to this matter. No discussion. Motion carried 4-0. Request Approval of Agreement with Callaway, Carpenter & May Mx. Kohl read the attached letter dated April tO, t976, from Callaway, Carpenter, May & Company. He added that everything Callaway, Carpenter, ~ & Company has said they would do since hired, they have done a~ud never exceeded the rates. M~-or DeLong asked what the feelings were of the Finance Director and the City M~nager? He does not see a memo of recommendation. It would lie within the prov_~ce of the City M~nager and Finance Director to lend some guidance to the Council. M~. Kohl replied that both he and the Finance Director recommend Callaway, Carpenter & May. Mrs. JacXson moved to accept the recommendation of the City Manager in reference to Callaway, Carpenter, May & Company, seconded by Mr. Harmer_lng. Mayor DeLong anno~unced that it had been moved and seconded to accept the recommendation of the City Manager to have Callaway, Carpenter, f~y & Company continue as the City auditors with their fee not to exceed $21,500. No discussion. Motion ce~ried 4-0. Consider Recuest of Eivil Se~zice Appeals Board - RE: S~aggered Terms M~or DeLong stated that a motion would be in order to place this item for referendum. M~s. Jackson moved that the stag- gered terms of the Civil Service Appeals Board be placed on the first referendum the City has. M_~. Harmening seconded the motion. No discussion. Motion carried 4-0. Receipt of Resignation - Enrico Rossi, Member of Zoning Board 1. Consider Replacement of Above Planning & Member M~s. Jackson moved to accept the resignation from ~. Rossi and instruct the City Clerk to send the appropriate letter of thara~?~ and appreciation~ M~. Harmening seconded the motion. No discussion~ Motion carried 4-0. ~,~yor DeLong asked if the members were in a position to con- sider a replacement ~d received a negative response. ~. Harmening moved to table this r~atter until the next meeting~ Motion carried 4-0. MINUTES - REGUI~R CITY CO~J~CiL ~ETLNG BOYNTON BEACH, F-~R~DA APRIL 20, 1976 Consider Apptigation fo~ Beer~ Wine & Liquor License M~. Kohl informed the Council that an application had been submitted for a beer~ wine and liquor license for the Salty Dog. This is an existing license at Gulfstream Marina.. The zoning does comply. Mms. Jack, on moved to grant the ~equest of seconded by ~J~. Harmening. No discussion. 4-0. the Salty Dog, Motion carried Approval of Bills Mr. Kohl read the following bills for approval: 1. C~stom Ambulance of Fia.~ Inc. ~ 18,617.00 Cnesrolet ~'Silverado'~ AmbulanCe Pay from budgeted ~un~s 020-810 Bid opened 11/~ 0/75, Council approved 11/19/7~ 2. Palm Beach Junior College 200.00 Tuition fee for 2 cadets Basic Recruit Class Pay from Police Education Fund 001-507 Ordin~uce ~74-83, Section 2-10, 1(b) 3. Palm Beach Junior Co!le~e t50.00 Career Development "Adve~ce~~ Class for ~0 Officers Pay from Police Education Fund 00t-507 Ordinance ~74-83, Section 2-I0, l(b) 4. National C~sn Regis. ter 2,889.70 Maintenance of varmous ~chines Pay from budgeted zunds 001-830.30 $1,743.72 030-802.30 $1,145.98 5. Greater Boynton Beach Chamber of Commerce Fireworks for July 4th Pay from budgeted funds 060-882 1,615.19 6. Palm Beach eun_or~ ~ Colle~e ~ 100.00 Tuition fee ~ w ~o~ I cadet Basic Recruit Class Pay from _ozmce Education Fund 001-507 0rdinemce #74-83, Section 2-10, 1 (b) 7. Cra~g-Mar~ Cons~ructmon 3,700.00 Asphalt Spreader box, trai!er, ~ud roller Pay from budgeted f~nas 020-834 ~ounc_l approved 4/6/76 Charles E. Waldner~ M.-D. 1,390.00 Annna! ~nysica!s for police & fire depts. Pay from budgeted funds 00t-840.23 -22~ '~ CO~C~ ~ETING APRIL 20, 1976 MINUTES - REGUi~R CiTY BOYNTON BEACH, FLORIDA 9. Grejbar Electric Co. 1,319.54 Final payment on ballfiel~ lighting Pay from budgeted funds 0~0-856 Bid of 1/13/76 - Council approved t/20/76 10. C~n~h~a Lewis 96.00 Server for Senior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 020-880 Ordinance #73-t5, passed 5/15/73 Islah Andrews 90.00 Driver' for S~nior Citizens Club - 2 weeks Pay from Federal Revenue Sharing Fund 020-880 Ordinance #73-15, passed 5/15/73 12. Jackson & Sons - Est. #3 Final 38~213.15 Raw Water Main Part A Pay from Atlantic National Bank Series 1975 Contract dated 4/22/75 ~3. Russell & Axon Inv. #24 6858-4-III-CP 4,065.83 Upgrading existing Wastewater Treatment Facilities Pay from Utility General Fund Authorization dated 11/20/73 Russell & Axon Inv. #10 6858-4A-II-CPS 17,647.00 South Central Regional Lift Stations and Force Mains Pay from Utility General Fund Authorization dated tt/71 t5. Russell & ~o~=Inv. #2 6858-20-1 3,700.00 Preoaration of user chs~ge and industrial ~ost recovery system Pay from Utility General Fund Refundable from future bond issues Authorization dated 2/5/76 16. Russell & Axon Inv. #2 6858-23-CP 3,733.42 Tec~naical support for defense of Case #75-4726-CA Pratt vs. City of Boynton Beach Pay from Mater & Sewer Revenue Fund 030-801.40 Subject to transfer from Contingency AuthorizatiOn dated 1/2Q/76 Mr. Kohl noted that the bills described have been approved and verified by the department heads involved; checked and approved for payment by the Finance Director; funds are available in their respective budgets. He recommends payment of these bills. -23~ Mik~JTES - REGUI~a~M CITY ~ ~ FLORIDA BOYNTON B~A~H~ COUNCIL ~ETING A.WRIL 20~ 1976 ~,~s. Jackson moved to pay the bills, seconded by ~,~. Harmening. Under discussion, M~. Reed questioned who authorized the last bill, No. 16 and Mr. Kohl replied that it was approved by ~ Kribs~ the Finance Director. He added that this had nothing to do with the attorney's fees. This is for things they had to supply. ~. Reed stated that he was not k_nowledgsable of the fact that Russell & Axon we~ to be paid for their support of this case ~ud he would like to see their statement. M~s. Jackson amended her motion to p~ the bills with the exception of No. 16 ~ud instruct the City Manager to supply the informa- tion requested by the City Attorney. ~. Harmening ~econded the motion. Motion carried 4-0. ADJ OUR~H~J~NT ~. Strnad moved to adjo~mn, carried 4-0 and P.M. seconded by ~s. Jackson. Motion the meeting was properly adjourned at 10:t5 CITY OF BOYE~Oi~ BEACH, FLORID~ Vice Mayor Council Me~ C ~c il Member ATteST. Respectfully j~ City Clerk submit ted, Suz~ne a~use, ~ecormi~g Secretary (Three Tapes) Co~ncii Member ~irso Er~]y Jackson~ Council member TITLE: Administrative Assistant General Statement of Duties Work under the direction of the City Manager, performs specific technical duties, as assigned. Distinguishing Features of The Class This is a management level position relating to activities and functions of the City and the Community Development Program. Examples of Work Coordinates activities of the City Managers Office with other Assigned Departments to insure smooth operation and accomplishment of City functions. Receives and responds to citizen complaints, initiates and conducts investigations of complaints, prepares detail investigative reports and other documents. Conducts neighborhood meetings and speaks to citizen groups on furtherance of City Programs. Required Knowledge, Skills and Abilities Ability to converse with others end function without close immediate supervision. Must have knowledge of City government and immediate area. Have a high degree of skill in working with citizens in all positions of City. Acceptable Training And Experience Several years of college level work in the field of sociolog%, urban development, public administration, or related f~eld. ~t least four years experience in the field of housing opportunities~ cormnunity relations, community development, or related field, or an equivalent combination of college work and experience. L RUSSELL & AXON Established in 1920 Enghueers · Planners · Architec~ Incorporated April 14, 1916 · M.r.i' Frank 'Keht~ City Manager City of.Boyn~on Beach P.O. Box $10' . .... /.:Boynton Beach, -Florida 33435 Dear Mr. Kohl:-- Subject: Final Balancing - Change Order No. 2 Raw Water'Main - Part A City of Boyn~on Beach Preject No. 6858~17 Enclosed ts specimen of Final Change Order No. 2 for subjec~ project, repre- senting a net. deerease of $2;~54.65, Which .)s submitted for Council approval. Th(s change-~rder ~efle~s.~he changes in all items which Varied from the original. At the request of the Palm Beach County Engineers, the-30" tine~'wes shifted .10~13 feet south, thus, requiring the additionof thecitem of ~od, but greatly reducing the item of pavement ~eptacemeat, which accounted-.for a substantial portion of the reduction. U~pn approval, we. will provide six-copies el.the changeorder ~for proper s~9natures. We reconInend a~proval of th~s Change O~der No. 2. Sincerely~ RUSSELL & AXON-- Joe C. Swan, P.E. Engineering Manager JCS:tan Eric. (1). cc Mr. Perry A. Cessna, Dir. Util, (~/enc.) MLH, R&A, Daytona " 167 N. E. 2ND AVENUE · POST OFFICE BOX 1837 · DELKAY BEACH, FLOR]DA 33444 · 305t278-2615 Mr. Frank Kohl, City Manager City of Boynton Beach H. O. Box 310 Boynton Beach, Florida 33435 [:~EYNOLDS & MARChBANKS Dear Mr. Kohl: Th~s letter will detail the problems we discussed concerning our duties as Public Defender for the Boynton Beach Municipal Court. BrieflY, these areas are compensation, payment of costs, discovery and a proposal to provide part of the fun~s for these services. Thc current salary for the Public Defender is $2,000.00 per year, less than $200.00 per month. The usual number of cases assigned to/the Public Defender was eight to ten cases per month up until the first of this year. However, in March 32 cases were assigned. Each case requires research of the law, interviews with the defendants and witnesses (often difficult to locate due to lack of accurate, current addresses and telephone numbers).and discussion of possible plea negotiations w~th .the prosecuting attorney. Under ideal circum- stances this investigation and preparation requires an average of three hours per case. In some cases much more time is required. Inability to actively investigate and prepare each case due to lack of funds may result in an inadequate defense of the case. This is th~ only contact with the courts of justice that many people eve~ have in a lifetime. Many face jail sentences if their case is lost. Fo~ some, there on shoplifting charges or charges of disorderly co,duct, the outcome could greatly affect their jobs, their ability toIobtain licenses and their future in applying for positions of trust and responsibility. To most of our clients, their case is the most disruptive event in their lives, if not the single most significant occurrence they ever encounter. They deserve justice just as much as any. Regard- le~s of pay, once ou~ office has been assigned to a case we are bo~nd to give adequate representation. This, I believe, we are doing without unnecessarily wasting time. Since I have six years experience as an attorney, and four of those years in litigation with Mr. Frank Kohl, City Manager City of Boynton Beach, Florida Page 2 Mar~h 30, 1976 ~_he Attorney. General's office, I believe I know what can and should be done to provide adequate counsel at a minimum number of hours spent. This month I spent 24 hours on Public Defender work for your City, five of those actually in front of the Municipal Judqe. Our office usually bills at $65.00 per hour except for hours in court which we bill at $100.00 per hour. The lowest hourly rate we Charge any client is $45.00. I was fortunate enough to receive on a voll~ntary basis 52.5 hours of paralegal assistance for which the charge 'is generally $4.00-$5~00 pe~ hour. In February i spen~eight hours 'in the courtroom. Each cas~ also incurs additional expenses. Secretarial time is needed to type motions, pleadings a~d letters to defendants and witnesses. Copies must be ma~e of motions and plead- ings filed with the Court. Many defendants must be contacted by mail. In ~arch alone ~ records show that well over 258 copies were required at a cost for which we usually bill our clients $.25 each. Allow me to offer an example of money and time needlessly spent: the Public Defender is entitled to all information which the prose- cuting attorney has which may be favorable to his client. This same rule applies for private defense counsel. The Florida Rules of Criminal Procedure, which apply to municipal courts when a defendant is being tried under a state statute, provides that upon demand a defendant's attorney is entitled to see and copy such information. The prosecuting attorney may insist, and %he judge may require, that a written Demand for Discovery be filed in each case. This requires typing a separate Demand for each case and sending ~he original to the prosecuting attorney and a copy to the City Clerk for filing with the Court while retaining a copy for our files. I am then entitled to look at the documents and copy what I feel is necessary--a time- consuming process. If such discovery is not allowed, the remedy is that the case must be dismissed. In,the past, these documents have been furnished to the Public Defender along wittl the police report to save time and'expense, except when there was an unusual reason for not doing so, e.g., the identity of a confidential informant might be revealed. Unless there is good reason for making an exception in a particular case, these documents should continue to be provided automatically. Presently, the information is not provided, hence, the added, unnecessary expense. For the six months or so during which these docu~ents were provided as a matter of course, to my kn6wledge no officer has been attacked for poor spelling or grammar, no sensitive source or method was revealed. I have asked that if there is any such incident, I be informed of it; no such information Mr. Frank Kohl, City Manager City of Boynton Beach, Florida Pag~ 3 MarCh 30, 1976 has been received. Please understand that the action of the prose- cutor is not illegal or unconstitutional. However, neither is the method of proceeding used formerly. The expense of providing an attorney for an indigent defendant may be passed on to him or her, subject to ability to pay. This procedure is used by the state and some other municipalities at present. Many defendants who are unable to afford & private attorney can afford to pay a small sum, e.g., $5.00-$10.00 per month. The fee could be based on the minimum amount of time required to defend a case. A fee of $50.00--$75.00 would cover much of the expense of the Public Defender. I am drafting a proposed ordinance providing for such fees which I will send to you shortly. I will be happy to appear before the City Council to further discuss these proposals. However, our office cannot continue to provide the services I described above without adequate compensation. Certainly, some of the extra hours spent resulted from the recent changing of the guard. Other hours are needlessly wasted because_of unnecessarily hard-nosed practices outlined above; and I must quickly say that I do not mean to point out any practice or individual as the sole cause of the waste of time. There are many areas in which the Court needs to immediately improve its procedures for the sake of the individual rights of the defendants and for the sake of efficiency and economy for the City. I will be happy to work with any person of justice run more smoothly. However, without substantial relief immediately. or group to make the wheels our office cannot continue Allow me to finish with an apology. I know that some delays are implicit in the system, and I do not exempt myself from those who can make adjustments for a better system. But, as matters stand now, I find deficiencies in the system which demand changes which are beyond my power. If Boynton Beach wants to retain its municipal court it should be willing to provide the necessary funds for adequate standards of justice. I hope that I have not overstated my case; I have certainly been restrained in my criticisms, which I consider constructive. I trust the comments will promote a better System. We will continue to provide the services of Public Defender at the present rate until July 1, 1976. After that time, we will provide the service described for $500.00 per month for up to fifteen (15) Mr. Frank Kohl, City Manager City of Boynten Beach, Florida Page 4~ March 30, 1976 hours of attorney time. After fifteen (15) hours, our fee woul~ be $50.00/hour for attorney time. We should be able to make the best use of these hours by being permitted to bill you our costs, including paralegal assistance at $4.00 per hour, copying at $.25 per page, and long distance telephone calls (if any). We would bear the costs of mileage. Unless there can be some relief in line with or substantially similar to the above, I would ask that we be permitted to resign on July 1, 1976. Please let me know if I can answer any question regarding, the above, or if you would like me to appear before Council. Sincerely, REYNOLDS & MARCHBANKS JO:el April 10, 1976 Mr. Frank Kohl City Manager City of Boynton Beach Boynton Beach, Florida Dear Mr. Kohl: The purpose of this letter is to outline the anticipated scope of our engagement with the City of Boynton Beach, Florida, to assure that no misunder- standing will arise. We will examine your financial statements of the currently existing funds of the City for the fiscal year ending September 30, 1976, in connection with the expression of our opinion on the fairness with which the statements present financial position and results of operations in conformity with generally accepted accounting principles consistently applied. Also, we will perform other audits during the period commencing with our appointment to March 31, 1977, as may be required by the City in connection with the issuance of additional bonds. Our examinations will be made in accordance with generally accepted auditing standards and will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. In making our examinations we will be aware of the possibility that fraud may exist, but it sh~utd be recognized that such examinations cannot be relied upon to assure the discovery of fraud, and that they are not primarily nor specifically designed, and cannot be relied upon~ to disclose defalcations and other similar irregularities, although their discovery may result. We shall, however, make careful reviews of i~ternal control and, if necessary, shall inform you from time to time on weaknesses which we believe should be corrected and of our recommendations in this respect. Frank Kohl Page 2 April 10, 1976 Our fee for the preceding services will be based on our regular hourly rates for municipal audits and will not exceed $21,500.00. If the foregoimg meets with your approval please sign the emclosed copy of this letter and return it to us for our files. Very truly yours, CALLAWAY, CARPENTER, MAY & COMPANY PCB/bc Enclosure Approved