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Minutes 04-06-76MIS~TES OF REGULAR CiTY COUNCiL ~RTING OF THE CITY OF BOYNTON BE~.GH, FLORiDa., ~LD IN CITY HALL, TUESDAY, APRIL 6, 1976 PRESA~T Joe DeLong, Mayor Joseph F. Zack, Vice Mayor Edward F. Harmening, Councilman Emily M. Jackson, Councilwoman Norman F. Strnad, Councilman Frank Kohl, City Manager Robert B. Reed, City Attorney Callie Clanton, Deputy City Clerk Mayor DeLong welcomed everyone and called the meeting to order at 7:30 P. M. He requested everyone to arise at the so~&ud of the gavel for the invocation given by Dr. Ernest R. Campbell, First Baotist Church, and to kindly remain sta~uding for the Pledge o3 Allegiance to the Flag led by ViceMayor Joseph F. Zack. Announcements M~yor DeLong announced the Chair was calling a special meeting of the City Council on April 15 at 2:30 P. M. The p~pose of this meeting is on account of a communication received from the investment counselors for the police investment fund. There seems to be some ambiguity between the City ordinance and the State Statute. He believes the City Council members should be present to hear what this gentleman has to say. It m~y necessitate an amendment to theircordinance. ~s. Jackson remarked that possibly all the members would not be able to attend an~ Mayor DeLong replied that he believed they would have as many as possible and he dsesn't believe the majority of the other members should postpone their dinner hour or other activities. He then recuested Mr. Kohl to prepare ~ad distribute the necessary notice. Mayor DeLong then introduced the Deputy City Clerk, PLus. Cal!ie Clanton, sitting in for ~ms. Padgett. He then requested smyone in the audience wishi~ to speak on ~y item on the agenda to _kindly step forward and give their name to ~s. Clanton and when their item is the order of business, they will be called ~on. M~vor DeLong read a Proclamation proclaiming the week of April 1'8 thru 2~, 1976, as National Secretaries Week. Mayor DeLong read a Proclamation proclaiming Saturday, MsS~ I, 1976, as Law Ds~ U.S.A. Mayor DeLong read a Proclamation proclaiming the week of May 9 to May ~5, t976, as Mental Health Week. Mayor DeLong read a Proclamation proclaiming the week of April 4 thru 10, 1976, as National Library Week. ~Yor DeLong then announced that the Regular Quarter-Ar~uual Meeting of the South Central Regional Wastewater Treatment and Disposal Board would be held on April 8, 1976, at Boynton MIh~'JTES - REGUI~R CITY COUNCIL MW~TING BOYNTON BEACH, FLORIDA APRIL 6, 1976 Beach City Hall at 7:00 P. M. Any items for the agenda should be submitted to the Chief Executive Officer by April 1, 1976. Regular Cit~~ Council Meeting - M~rch 16~ 1976 Following the usual policy, ~-or DeLong started on his right and all the members passed except P~s. Jackson. She referred to Page 1t, second paragraph, seventh line, and clarified that it should say: "She is going to continue to investigate if she feels it will help her in doing her homework." Mm. Strnad moved for the adoption of the Minutes of the Regular City Council Meeting of March ~6, 1976, with the noted correc- tions. M_~. Harmening seconded the motion. No discussion. Motion carried 5-0. Special City.Council Meeting - March 23~ 1976 Mayor DeLong called on the Council members for their comments and all the members passed. ~. Zack moved for the adoption of the Minutes of the Special City Council Meeting of M~%rch 23, 1976, as submitted. ~. Strnad seconded the motion. No discussion. Motion carried 4-0, with M~. Harmening abstaining. Reconvened S~ecial Meeting of Ms, ch 23rd Held on March 25th Mayor DeLong called on the Council members for their comments and all the members passed. ~s. Jac~on moved to adopt the Minutes of the Reconvened Special Meeting of March 23 Held on March 25, 1976, as written. Mr. Zack seconded the motion. No discussion. Motion carried 4-0, with M~. Harmening abstaining. PUBLIC AUDIENCE Mr. Richard Becket stated his name and his address as 722 S.W. 24th ~venue and he informed the Council that he runs a construc- tion company. Last Fridsj, he applied for a swi~rAng pool per- mit and was denied because the property was less'th~n 6 inches from the 25 ft. setback. After checking this, he found that a permit was issued to ?oh~. Williams in April, 197t, to put in a carport which made it non-conforming. Now, he can't get a per~it for a swimming pool. Mayor DeLong asked if he had pes~ed before the Board of ~djustment and I~. Becker replie~: no, but he has been building on non-conforming lots all along. ~. Kohl stated that both he and Mr. Howell had informed Becket to apply before the Board of Adjustment. Mr. Becket -2- MINUTES - REGULAR CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA APRIL 6, 1976 Continued that the City made this property non-conforming and it does not have anything to do with the swimming pool. ~ne owner wants to build a oool to keep his kids at home. Mayor DeLong asked for ~he CoUncil members'opinions. ~s. Jackson repl_em that she thought it was very plain and the City t~na- get has given the proper information. M~. Zack, ~. Harmening and Mr. Strnad agreed. M~yor DeLong also agreed and informed M~. Becker that he would have to follow procedure. ~. Ruby Blank stated his name and his address as 702 S. W. 25th Place. He stated he was surorised ~ud amazed to learn they were going to install a stop ~ign at S. W. 6th Street several weeks ago. The City decided to conduct a vote regard- lng this installation and people living on 25th Ave. and 25th Place between 7th and 8th Streets were sent mailings, but the ~ople on 6th 'Street were not. No one wants a stop sign as it is a nuisance. Basically a stop sign is a tool and has no other merit. Zt is a device to control traffic problems and its use should not be base~ on whether or not it suits peoples' conveniences. Since the rar~ has been opened, the homeowners have been plagued with soeeding cars, motorcycles, etc. The police have tried to control the traffic. T~ey~ asked for a stop sign and for $ short ~erio~, they did have one and it was just ~becoming effective when it was removed. He told about people complainir~ when they received tickets, but they complained because they are only concerned with their convenience. If these oeople had young children an~ lived on 6th Street, they would ~e ~ema~mmng a stop sign. For the City to base a decision on the vote of theseupeoole is riduculous. The use of · - a stop sign should be based on safety. The Police epart~en% installed three stop signs~ one on every other street in High ~ ' ~ ~omn~, even tnouoh the street is closed to thru traffic. Stop giving Preferential treatment to condominium owners. Control can only be achieved by breaking this stretch into smaller sections. There should be two stop signs, one at 24th Avenue and one at 25th Place. There has not been any enforcement since the stop sign was removed. Regardless of what this Council decides to do, it should instruct Mr. Kohl to have the Police Deoartment enforce the 25 mph soeed limit. The homeowners on 6th-Street have been given a dirty deal They should m ~ · · ~zzor~ to alleviate these conditions and open 4th and 5th Streets. Mayor DeLong thanked ~. Blank and requested a reply from the City M~nager. M~. Kohl reolied that he has done everything this Council P~s told him %o do. The vote was 5~ plus one against putting up the stop sign. Tell him what to do and he will do it. He has put the etoo signs up and down and has lost direction. - - Mayor DeLong asked if he had conducted a poll smd ~. KeRl'?replied: yes and they tried to do a good honest poll. They assumed the people they asked lived in that area. tf they want a stop sign, they will put one there to- night. -3- MIA~JTES - REGULAR Ci~f COUNCIL M~ETI~NG BOYh~_0N BEACH, FLORIDA APRIL 6, ~976 Mayor DeLong requested the feelings on this matter from the Council members. Mr. Zack stated he understood that at one time, they did have a stop sign there, but it was taken down and he asked why it was taken down? Mr. Kohl replied that the police did it. MM. Harmening stated he had expressed his opin- ion previously. The stop sign was put up because of two or three people wanting the convenience and there is no excuse for it and it is not necessary. The people there are not in- terested in it, except for two or three people on 6th Street. Mrs. Jackson stated that she was there a few days ago and did not see any signs of a great traffic hazard. MM. Strnad ques- tioned the reason for the Police Department removing the sign and Mm. Kohl infor~ed him that they said it was more of a traffic hazard than what it was worth. Mr. Strnad asked how long it was up and M~. Blank replied about three weeks Lad it was very effective. P~. Blank continued that since it was taken down, they have not had policece~erage on that street. He added that he disagrees with Mr. Kohl's statement in that only one sign was put up there. Ma~. Kohl replied that he did not like this type of talk from ~. Blank as he has done everything the City Council has asked him to do e_nd will not take abuse from anyone. Mayor DeLong clarified that a poll was conducted, but whether the poll was directed to those whom are concerned or not is out of the question. The poll was conducted and the results show that the majority does not want a sign. Also, there is the ruling from the Police Department that the sign is more hazsmdous. He suggested M~. Blank to go among the people in that area and see if they want to present a petition. M~. Strnad continued that it didn't look like the sign was going to put there. He h~.s been there on numerous occasions and watched the actions of the Police Deoartment and there have always been summons given to violators. Possibly in lieu~-of a sign, the Police Department should check that area. M~yor DeLong stated that this bears evidence of the fact that there must be continuous violations or they would not be is- suing these summons. Possibly reconcile the situation by having a more definite oatrol there. He asked if Mr. Kohl could arrange that and ~{r. Eohl replied: yes and added that he could go on any street, and find violators any day of the week. P~. Strnad agreed this may be true, but these people are complaining. He suggested that they try to settle this complaint. Mayor DeLong stated the only alternative would be to have more patrol of this area, unless Mr. Blank wauuted to obtain a petition. ~. Zack referred to considering economy m_nd referred to the cost of the sign compared to having patrol- men there many hours of the day. Mms. Jackson agreed it was asking a great deal to have police there all the time as they -4- Mi1CJTES - REGULAR CITY BOYNTON BEACH, FLORIDA C0~%~CIL ~EETING APRIL 6, 1976 have a great deal of the City to cover. She thinks they ese doing a great job. No matter where you go, you will find some- one goin~ through a sign. A sign is no deterrent if you don't see a police car. 5~. Harmening added that he drives this particule~ street at least once and sometimes more a day and sees far fewer violations there than on many other streets in the City. ~. George Putnam stated his name and his address as 703 S. W. BSth Place. He informed the Council that he would like to verify what M~. Blank said. He state~ the fact that only one sign was put up and this is absolutely correct. Mr. Kohl re- plied that he did not state he was referring to one place. M~. Put~am continued that Councilman Strnad had a good Smg- ~estion with hav~ng more policemen in the area. Speeding has een much more than it has been, particularly late at night. The police did an excellent job when the sign was there. There are small children in the area and people living a few blocks away find it annoying. Mayor DeLong asked if they were talY~ng about one sign and ~. Blank replied that they would like to have one sign at 25th Place or 25th Avenue. Mayor DeLong stated that it appeared to the Chair that this was not an unreasonable request. Mayor DeLong announced the Chair would accept a motion to ~ 25th place a s~gn at Avenue or 25th Place. Mr. Strnad moved to have a sign erected at 25th Place, seconded by M~. Zack. Mayor DeLong cle~ified that it had been moved and seconded to instruct the City Manager to erect a stop sign at 25th Place a~ud 6th Street. Under discussion, Mr. Harmening stated if they were going to take this line of logic, there are many ~iolators on Seacrest and he believes there are more children on Seacrest than on 6th ~ud he thinY~ there should be a sign out on every corner. Mayor DeLong disagreed and explained. ~e then requested a roll cal! vote on the motion and ~s. Clanton conducted it as follows: Councilman Harmening No Councilwoman Jackson ~ye Councilman Strnad Aye Vice M~vor Zack - Mayor DeLong ~ye Motion carried 4-~. BIDS NONE PUBLIC ~A~ING MINUTES - REGULAR CITZ COUNCIL .W~ETtNG BOi~NTON BEACH, FLORIDA A~R-~L 6, I976 LEG~_L~ - - H~LRIN~ Ordinances 2nd Reading PUBLIC - ~ ~ Proposed Ordinance No. 76-10 - P~: Extending Municipal Territorial Limits by Annexation (Mr. Joseoh Cogen) M~. Reed read proposed Ordin~ac~ No. 76-10 on second reading by caption only. ~5~yor DeLong asked if anyone in the audience was opposed to this ordinance and M~. Dennis Clark appeared before the Co~- cil and stated his name and his address as 4376 Redding Road. He asked if this was the area west of Congress Avenue from Hypoluxo Road and ~yor DeLong replied: no, it was located on S. W. 23rd Avenue on the west side of Congress that ex- tends to the north and south. M~. Clark themked him and stated he was under the impression it was a different area. Mayor DeLong then asked if anyone in the audience was in favor of this ordinance and received no response. Mr. Zack moved for the adoption of proposed Ordinance No. 76-t0 on second and final reading. M~. Harmening seconded the motion. No discussion. M~s. Clanton rook a roll call vote as follows: Councilman Harmening - ~&ye Councilwoman Jackson - Aye Councilmen Strnad - ~ve Vice Meyor Zack - Aye Mayor DeLong - Aye Motion carried 5-0. Proposed Ordinance No. 76-12 - P~: Directing Disposition of Unexpended Portion of Revenue Sharing Funds Allocated for Social Services ~.~ Reed read proposed Ordinance No. 76-12 on second rea~D~'~ by caption only. Mayor DeLos~ asked if ~uyone wished to spe~d~ in favor and re- ceived no response. He then asked if anyone was opposed to this ordinance and received no response. M~. Harmening moved for the adoption of Ordinance No. 76-12 on second and final =-~ r~a_ng, seconded by ?~. Zack. No dis- cussion. M~s. Clanton took a roll call vote as follows: -6- MI~-TES - REGULAR CITY COb~CIL -~ETING BOYk~ON BEACH, FLORIDA APRIL 6, 97o Councilman Harmen~ng - Aye Councilwoman Jackson - Aye Councilman Strnad - ~ve Vice Mayor Zack - Aye Mayor DeLong - Aye Motion carried 5-0, Resolutions Proposed Resolution No. 76-Q - RE: Designating Authorized Signatures MC. Reed read proposed Resolution No. 76-Q, M~. Harmening moved for the adoption of Resolution No. 76-Q, seconded by ~s. Jackson. No discussion. M~s. Clanton took a rol2 call vote as follows: Councilman Harmening - Aye Co~mcilwomau Jackson - Aye Councilman Strnad ~ye Vice M~ayor Zack Aye Mayor DeLong Aye Motion carried 5-0. Proposed Resolution No. 76-R - RE: Requesting State Legisla~ ture to Enact Legislation Prohibiting the Use of Disposable Containers for Certain Beverages Mr. Reed read proposed Resolution No. 7$-R. M~. Z~ck moved that Resolution No. 76-R be passed, seconded by M~. Harmening. No discussion. Mrs. Clanton took a roll call vote as follows: Cotmciln~n Harmening - Aye Cour~cilwoman Jackson - ~-e Coun¢il~.n Strnad - Aye Vice Mayor Zack - Aye Mayor DsLong - ~e Motion carried 5-0. Proposed Resolution No. 76-S - P~E: Determinmng Necessity of Paving S. E. 3rd St. from S. E. 21st Ave. to S. E. 23rd Ave. T ~' 4- _n~zcat~ng Cost, Date of Public Hearing, Payable by S~ecial Assessment - ~. Reed read the caption of proposed Resolution No. 76-S and then referred to the second page and the necessity to set the MINUTES - REGUI~A~ CITY COUNCIL ~'~ETING BOYNTON BEACH, FLORIDA ~.PRIL 6, 1976 date for the public hearing and asked if they desired to set it now or after he read the resolution? M~s. Jackson asked how many times it must be advertised and ~. Reed replied: twice. M~. Kohl advised it would be the first meeting in Mmy. Mayor DeLong announced the public hearing would be held on ~ 4 at 8 o'clock. Mr. Reed then continued reading the resolution. ~s. Jackson moved for the adoption of Resolution No. 76-S, seconded by Mx. Harmening. No discussion. Motion carried 5-0. Proposed Resolution No. 76-U - RE: Requesting Board of County Commissioners to Include a Certain Proviso in Fut~mre Contracts .with Private Sanitation Firms Reed read proposed Resolution No. 76-U. ~. Harmeni_~ moved for the adoption of Resolution No. 76-U, seconded by Mr. Zacko No discussion. Mrs. Clanton took a roll call vote as follows: Councilme~ Harmening - Aye Councilwoman Jackson Aye Council~an Strnad' - Aye Vice Mayor Zack - ~ve Mayor DeLong - ~e Motion carried 5-0. Proposed Resolution No. 76-V - RE: Supporting Municipal Elec- tions be Held on the Second Tuesday in March for 37 Munic~ ~alities in Pal~ Beach County }~. Reed read proposed Resolution No. 76-V. M~or DeLong clarified that this was only an endorsement by this body and this cannot t~ke place unless there is a referendum of appro- val by the voters of the City of Boynton Beach. ~. Zack made a motion that proposed Resolution NO. 76~ be adopted, seconded by M~. Harmening. No discussion. !~s. Clanton took a roll call vote as follows: Councilman Harmening - Aye Co~uucilwoman Jack~on ~e Councilman Strnad - Aye Vice Mayor Zack Aye Mayor DeLong ~ye Motion carried 5-0. Other -8- MINUTES - REGUL~R CiTY COUNC~ ~TiNG BOYi~TON BEACH, FLORIDA A~IL 6, 1976 Agreement Between City and Boynton Beach Boat Club (Tabled) M~. Strr~ad moved to take this from the table, seconded by Mrs. Jackson. No discussion. Motion carried 5-0. ~. Reed read the agreement. Mayor DeLong announced that before the Cha~ acceots a motion for approval or rejection, he would l~<e to ask ~he Council members if they have any changes or amendments. Mr. Strnad replied that it was fine now. M~. Harmening stated he had no objections. ~s. Jacks. on stated it was all right in its present form. Mayor DeLong stated this certainly is a great victory for the City when they realize what the conditions were before. He explained how it was coming back under control ~f the ~ity. Mrs. Jackson agreed and added that it would be un~er the control of the Recreation Department where it should be. Mayor DeLong a~unounced that a motion was in order to approve this agreement. ~Ms. Jackson so moved, seconded by Mr. Harmening. Mayor DeLong clarified that it had been moved and seconded that the proper City authorities execute this agreement between the City and the Boat Club. No discussion. M~s. Clanton then took a roll call vote as follows: Councilman Harmening - ~jfe Councilwoman Jackson - ~ye Councilman Strnad - Aye Vice Mayor Zack - Aye Msyor DeLong - Aye Motion carried 5-0. OLD BUSI~-NESS CoTrespondence from Board of Ad~ustment - M~¥or Joe DeLong ~. Joseph Aranow appeared before the Council and stated his name and his address as 2520 N. E. 1st Court and added that he was Chairman of the Board of Adjustment. He read their letter sent to the City Council dated November 12, 1975. He then stated that there was no action taken by the City Council and in March, 1976~ the Board of Adjustment felt they were entitled to get an answer to their letter and wrote another co~_munication. He then read the second letter. Mr. Aranow then referred to ~&~. Becker speaking ~o the Council earlier concerning a piece of property mud the City changing the zoning regulations, etc. This is ar. example of what happens. M~. Aranow then referred to the seven cases mentioned in the letter and stated that applications were made for var- iances, but only one~ came before the Board of Adjustment -9- M!~TES - P~G~AR CiTY CO~CIL MEET1/~G BOYNTON BEACH, FLORIDA APRt~'' 6, 1976 and that was the Dekker case which was denied because he w~uted to build a duplex on property zoned for single fa.mily hor~es. After this application was denied, it was discovered that a permit was issued and in other cases as well. Other applications were withdrawn from the Board of Adjustment and the filing fees were returned. Permits were issued for build- ing contrary to the zoning laws. In a report referring to these five other applications, the ac~ing Building Official stated that am appeal was made by the five applicants pe~- sonally at Planning & Zoning Board Workshop Meetings and Regular Meetings 8_ud also at ~ity Council Meetings. The appeal was simply because the Planning & Zoning Board and Building Department were re8~onably sure relief would come in the form of an amendment. He also stated that why shbuld it be necessary for them to suffer the inconvenience of wait- ing the due process of law. Mm. Aranow stated it was very strange to find a statement like this from the acting Build- · ng Official. Why can he pick out six or seven and they do not have to await the process of law? He then told about the situation a~ Village Royale on the Green where occupancy permits were imnroperly issued. He also told about an application which %he Board of Adjustment had denied recently. M~Jor DeLong interruDted and requested that he stick with the facts referred to i~ the letter. M~. Aranow replied that he didn't think he was getting far afield. These are situations that must be corrected and can only be corrected by the City Council. He thiD_ks they have the facts and as far as he is concerned, he sincerely trusts that action will be t~l~en on this matter, so people in Boyn- ton Beach will not have the unnecessary expense where the City considers their property to be non-conforming. The statutes should provide they do not have to come to the Bo~d of Adjustment for a variance. Mayor DeLong asked if he con- tended that the City creates hardships in many instances and M~. Aranow replied: yes. ~. George Ampol stated his name and his address as 235 South Blvd. He informed the Council that he is a member of the Board of Adjustment ~ud also was a member previously. ~hen he heard what transpired last November and December, where Mayor Roberts was asked by the Board of Adjustment to conduct an investigation and it was swept under the rug, he demands a thorough and complete investigation. Mayor DeLong replied that they do not cater to the demand. This Council is agreeable and reasonable. He is not going to push this under the rug and believes the way to resolve this situation at this time with the permission and confir~ma- tion of the City Council would be a motion to appoint ~. Aranow as Chairman of a Ad-hoc Committee to m~e a thorough MIhWJTES - P. Ew. GUI~&R CITY C0~CiL ~ETLkTG BOY~Y~ON BEACH, FLORIDA APRIL 6, 1976 investigation. He also ws~uts ~. Howell, Building Official, and M~. Kelly, Chairman of the Planning & Zoning Board, to serve on this Committee. This puts it in the realm of the throe different Bos~ds in this situation. He would accept a motion to confirm the appointments of this Co~mittee to stuS~ the facts of this case. M~. ~ack moved to accopt ~yor DeLong's recommendation for a Committee, seconded by M~. Harmening. M~or DeLong clarified that it had been moved and seconded that a~ Ad-Hoc Committee be appointed by the Mayor consisting of Mr. Josoph Aranow, Chairman of the Booed of Adjustment; M~. Joseph Kelly, Chair- man of the Plsn~ng & Zoning Board; s~ad ~. Bud Howell, Building Official. He then requosted a roll call vote and M~s. Clomton conducted it as ~o~-.ows:~ ~ Councilman Harmening ~e Councilwoman Jackson - Aye Councilman Strnad - ~e Vice Meyor Zack Aye M~s~vor DeLong Aye Motion carried 5-0. M~. Aranow asked for full clarification of the duties s_ud powers of this Committee. He asked if they had the right to use the City Attorney for advice and guidance? He asked if they could have the use of some room or a stenographer to take records of what takes place? ~myor DeLong replied that when this particular body grants or assigns such a committee, they have full authority and full cooperation of everyone connected with the City administration. M~. Aranow explained that he didn't doubt the cooperation of the City Council, Building Department, Planning & Zoning Board or Board of Adjustment, but asked if they had the right to swee~ in peo- ple as witnesses? Mayor DeLong replied that he didn't be- lieve they had the power to subpoena. He added that he be- lieves questions of this nato~e should be referred to the City Attorney for an opinion. M~s. Jackson stated she agreed with ~. Aranow ~ud that a stenographer should take the minutes of their meetings and follow the law to have everything recorded. M~. Aranow re- plied that he would prefer not to serve on any committee if records were not t~d~en. Mayor DeLong informed him that he would be given the full use of the facilities they were in need of. He is certain the City M~nager and City Attorney will cooperate. The City Council will await a full report from this Committee. MINUTES-iP~GUT_~LM CITY COUNCIL ~ETl$~G BOYNTON BEACH, FLORIDA A~IL 6, 1976 Opinion from City Attorney - Mayor Joe DeLong Mayor DeLong stated that this is a report that the City Manager requested from the City Attorney regarding payment of legal fees to the former attorney. The City Manager has asked the Chair for guid~uce in this matter. He believes the coz~espondence must be made a matter of public record and the City Manager should be instructed to attempt to negotiate. Mmyor DeLong anno~unced at this time a motion would be in order to take that communication and s~e~ it uoon the minutes and instruct the City Manager to proceed to nego- tiate. ~. Strnad so moved, seconded by Mr. Zack. ~L~yor DeLong clarified that it had been moved and seconded that the comm~mication forwarded to the City ~uager by the City Attorney relative to fees requested by the former City Attor- ney b~ made a matter of public record and spread u~on the minutes and the City Manager is hereby instructed ~o nego- tiate with the former City Attorney relative to those fees requested. Motion carried 5-0. The above referenced letter reads as follows dated March 24, 1976, from Robert B. Reed to ~@. Frank Kohl regarding Ernest Simon, Statements for professiona~se_v~ees.~ ' - "Pursuant to your memo request of 3/t5/76, I have reviewed the statements for attorney's fees submitted to the City by M~. Simon. As you know, it is personally distasteful to me to be forced to review ~other attorney's fees and to recom- mend their payment or rejection. However, I recognize my obligation as City Attorney to provide legal advice relative the payment of ~ bill when so requested by the City. Ac- 9ordingly, with--~t_~ese thoughts in mind~ i hs~e made the follow- mng observations and reco~nendations. Mr. Simon,s statements cover seven (7) lawsuits covering a variety of legal services rendered during the period from January 7 through February 29, 1976, for which Mr. Simon claims the City owes him $7,~94.00, plus costs disbursed in behalf of the City in the amount of $150.15, bringing the total amomut of these statements to $7,644. t5. tt is my recollection that, subsequent to the City's termination of I~. Simon as City Attorney on January 5, 1976, the Council passed the following motions: a~ To give the City Manager discretion to determine which legal matters ~. Simon should be retained to complete as opposed to those which he should turn over to myself, with ~. Simon remunerated for the hours spent concluding City bus~uess; M~JTES - ~G~LAR CITY COUNCIL ~ETING B0~NTON BEACH, FLORIDA APRIL 6, 1976 b) To authorize retention of M~. Simon at a fee rate of $60.00 per hour for the purpose of filing Certiorari proceed- ings with the Florida Supreme Court relative the City's law- suit with Lehigh Portland Cement Company. Therefore, the lawsuits covered by ~. Simon,s statements fall into two (2) categories: 1) those in which his services were retained by the City Manager after consulting with my- self; 2) ~. Simon's services rendered in connection with the Ls?b3_gh Portland Cement Co. case, which was specifically authorized by the City Council. In reviewing ~. Simon's statements, I have assumed that, for services rendered pur- suant to authorization by the City Manager, ~. Simon is en- titled to the same hourly rate approved by the City Comucil for services rendered relative the Lehigh case (to wit: $60.00 per hour). ~j comments on these individual statements are as follows: 1. D.O.T. vs. Seminole Feed Mills, !nc.~ City of Boynton Beach~ et al: Unless authorized by the Cm~y Manager for the purpose of con- c±ud~g~ ~ C~t~_ y business, to my knowledge the C~y~ never requested that ~.~. Simon be retained on this case to render the services set forth .in this statement. However, assuming that these ser- vices were authorized by the City Manager, it is .~ opinion that the time involved in rendering these services should not exceed ~.5 hours, which would result in a bill of $~0.00. 2. J. Earl Pratt vs. C=~y (water softening case): Again, unless the services set forth in this statement were authorized by the City Manager for the purpose of concluding City Business, to my knowledge Mr. Simon was never retained by the City on this case, nor do i recall conferring with ~. Simon on this file. Accordingly, if the City M~nager author- ized these services, I would recommend payment of this state- ment; otherwise, since the services rendered were totally un- necessary, payment should not be made. 3. .J. Earl Pratt vs. No Strnad~ et al (water rate case): You will recall * * ~ha~ due to the fact that ~ had just recently been appointed City Attorney, it became necessary for you to request M~. Simon to attend a hearing in West Palm Beach on this case, together ~=tn ~ partner, M~ke Smodish. Accord- ingly, the services ~temized ~ - ~n M~. Simon's statemen~ were certainly requested by the City, smd the question as to the reasonableness of the statement depends uoon the amount of time ' w ~ ~a.~en in ~'preparation,~ for this hearmng and whether any legal research done to prepare for this hearing was done prior to the date of ~ ~' , · o~mon s termination on January 5, dimming which time Mr. Simon received a sale~y for such ser- vices. These are questions which i am -muable to answer; but, ~ _I~J~ REGUL~? CITY BOYNTON BEACH, FLORIDA CO~C iL ~ETING APRIL 6, 1976 assuming the total time indicated spent (5.2 hours) consti- tutes necessary t~me ~oent in preparation of legal research done after t/5/76, as ~ell as the time spent attending the hearing, then the bill would be reasonable and should be paid. 4. Peninsular Pro?erties~ Inc.~ vs. City: Again, to my knowledge ~. Simon was not retained by the City to render any services on this case, unless the City M~zuager authorized the s~e in order to conclude the City's bus~uess. I have estimated the total time which both my partner and I spent with M~. Simon on this case as well as the time spent for the other services in his statement and believe that if these services were authorized by the City Manager the total time spent should not exceed one hour, which~ould amount to a bill of $60.00 5. Tisdale,s Sanitar~ Service~ Inc.~ vs. City et al: I have reviewed ~. Simon's statement and have assumed that a large portion of the total ~ime indicated may be found under the heading "reses~ch and studs- in preparation for hear- ing ~u Circuit Court". I have checked with my ps-~tner, Mike Smodish, on this statement~ and he advises that after talking briefly with ~. Simon, he was directed to talk to M~. Simon's associate, Robert Federspiel~ who, on 2/5/76: advised Smodish that he would appreciate word as to whether ~.~. Simon's firm was to h~udle this case so that he could commence prepara- tion for the 2/27/76 hearing. Your 2/tl/76 memo advised Simon that we would be handling this case ~ud preparing all pleadings in connection therewith. Accordingly, it zs my feeling that any time spent by ~. Simon or his associate in researching and stud~ing this case in preparation for the a~%~resaid hearing was not done at the request or authoriza- tion of the City. In view of this, it is my opinion that, if the City Manager authorized Mm. Simon to spend ~uy time on this case, at most there would be two legitimate billable hours totalling a fee~ of $120.O0. 6. ~xon and Tick vs. Howell a~ud City: As you will recall, for ethical reasons I was forced to re- quest that you obtain outside counsel to represent the City in this case~ in view of my representation of l@. Tick prior to my appointment as City Attorney. Accordingly, I have no personal knowledge as to the nature or extent of the services outlined in ~. Simon,s statement or the total time required to render the same. However, the~e is no question that ?~. Simon was retained by the City to rendsr these services. It is my opinion that the amount of chargeable time (46.3 hours) appears to be reasonable in light of the nature of the ser- vices itemized, and I would, therefore, recommend payment of this bill. -14- MI~JTES - REGULAR CITY COUNC~L ~TiNG BOYNTON BEACH, FLORIDA APRIL 6, 1976 7. City vs. Lehigh Portland Cement Co. As mentioned above, the City Council specifically authorized Mr. Simon to proceed with certiorari proceedings on this case at a billable rate of $60.00 per hour. I have reviewed ~. Simon,s statement in detail and, while I have no personal knowledge of the specific services rendered or the time taken to render them, I question whether a substantial portion of this time was renmered by Mm. Simon durlng the perzod from January 7 through February 29, 1976. Specifically, it would seem that '~research and study of applicable lawn a~ud "review of volu~nous records, including court reporter's transaripts of testimony, etc.- would have necessari~_~v been done prior to January 5, 1976, the date of ~,~. Simon's termination as City Attorney. Accord%ngly, it is my opinion that, if the City feels that a substantial portion of the time billed on this statement was spent orior to ]/5/76, during which period Mm. Simon received a salary for rendering these same services, then intthat event objection~should be made to the amount of the bill; otherwise, I ~lieve that the City would be obli- gated to pay the amount of the fee and, in any event, the cost disbursements in the amount of $150.15 should be paid. HoDefully, the foregoing comments will assist you in deter- mining the City's obligation to make p~yment ontthese state- ments. As I have previously said, I very much dislike being in the position of appearing to question another attorney's fees, and I sincerely hope that any possible disagreement in this matter can be resolved in the best ' ~ mnteres~s of the City snd ~. Simon." Clarification of Street Right-of-Way - Mayor Joe DeLong Mayor DeLong stated there have been a lot of requests from ~eople in Village Royale on the Green and the Cheer is going o request the City ~anager in conjunction with the City Engineer and City Attorney to give a cism~ification as to what is sometimes referred to as Victoria Blvd. and whether it is or not a dedicated street. People are concerned whether this is the proper name s~ud if it is a dedicated street. M~. Kohl replied that he would take care of this. Plm~ming s_ud Zoning - Mayor Joe DeLong Mayor DeLong ~ ' ~ - s~ea ~hat he believes this is something long overdue mad he read the following ~reo~red statement: ~The need for a professional Director of Community Devel- opment, or better k~uown as a City Planner, was never more acute in the history of Boynton Beach than at the present time. -15- MINUTES - P~E~GULAR CITT COUNCIL ~ETiNG BOYNTON -~-ACH, FLORIDA APRIL 6, t976 True, the City's past experience with a professional City Planner never measured up to expectations and ended in gross dissatisfaction and disappointment with the lack of results rightfully causing the termination of the employment of the City Planner Mud to further complicate the situation the comprehensive plan prepared by the consulting firm of C~mdeub, Fleissig and Associates in 1972 at a cost of $29,t58.59 was never implemented amd is still gathering dust. To make conditions more severe was the appointment of the former Building Official as the acting City Planner in the updating and upgrading of the Zoning Code. I will admi~ my share of the responsibility for this ill-gotten appoint- ment. Everyone involved including the Plannir~ and Zoning Boar~ members were completely misled and beguiled by this individual. The end results of the updating and upgrading of the Zoning Code is ample proof of the authenticity of this accusation. When the finished product was presented to the City Council in its form which is now commonly referred to as the "Blue Boo~' and after a thorough study, I alone had 31 ques- tions and/or corrections to submit and it was my desire as well as Councilwoms~ Emily Jackson and Planning and Zoning Bea~d Chairman Joe Kelly to hold a joint meeting of the City Council and Planning and Zoning Board before going to public hearing in order to present suggestions and/or any corrections to reconcile any and all objections or differences of opinion. The newlyseated M~jor was opposed to this joint meeting 8md decreed instead that the Planning and Zoni~ug Board proceed to conduct public hearings, one for the south end and one for the north end of City residents. The results of these hearings which, in my humble opinion, proved to be negative insofar as accomplishing the degree of updating and upgrad- ing the existing Zoning Code was in need of s_ud which the Planning and Zoning Board recommended. A joint meeting of both bodies prior to the public he~ings would have at least apprised the members of the Planning and Zoning Board of some guidance insofar as the course the City Council intended to pursue, particularly concerning some inequities and hard- ships imposed upon property owners which no attempt was made to rectify. The public hearings terminated in a vast majority of the reco~ended beneficial~changes being successfully protested against by the residents, real estate interests, develooers ~ud undeveloped property owners whereby the several yea~s of devotion, untiring effort and energy for updating Mud upgrad- ing the existing zoning code by the loyal and faithful mem- bers of the PlanniD~ and Zoning Board were in vain. -t6- MIh~JTES PJEGU~R CITY COL~NCIL .MEETING BOYNTON BEACH, FLORIDA APRIL 6, 1976 It would have been in bad taste, inappropriate and very embarrassing to the memJoers of the Planning Board, during the public hearings the Board held, for any member of the City Council to, at that time, question the Board's finished pro- duct of the Blue Book. At the two subsequent public hearings held by the City Comucil relative to the improved zoning code it would not have been in good judgment nor in the best interest of good public relations to attemot to over-rule the decisions of the Plan- ning and Zoning Board that were arrived at, due to the pro- tests received at the Planning and Zoning Board's public hear- Lugs, To do so, would have created a severe chaotic condition possibly eliminating or delaying the prospects at a future date of implementation. The time to act has arrived and I strongly recommend aotion by this Council tonight to instruct the City Manager to conduct the nec~sss~ procedure for the employment of a professional Director ox Community Development (City Planner) who will be under the sole jurisdiction ~ud supervision of the City ~muager.~, Mejor DeLong added that he believed Mrs. Jack~on agreed and wanted hearings and ~. Kelly also requested this. It never came out though. As a consequence~ they did not accomplish much with the Blue Book. Since then, they have had to hire a City Planner. To get the wheels in motion now would be to hire a City Planner. ~s. Jackson asked if he meant to hire a Planner full time and Mayor DeLong suggested leaving it up to the discretion of the City Manager as to what he thinks would be appropriate. He added that he didn't believe they worked for municipalities on a part time basis. Kohl informed him that some do, but they want ~40 per hour. Mayor DeLong added that they also did not get good results from the_previous planner. M~s. Jackson stated that she ksows County Planners work in the evenings a~ud ~n their own. Mayor DeLong referred to their past experience and suggested getting someone who has the sheepskin and is a graduate with limited experience. Possibly someone who is trying to achieve a goal. He explained f~ther. ~. Strnad moved to instruct the City Manager to attemot to engage a Plsmner to get this City into the oroper condition and leave it up to his discretion the type Sf individual suited to do this job. M~. Zack seconded the motion. Mayor DeLong clarified that it had been moved and seconded to in- struct the City M~uager to make a study mad use his discre- tion as whether or not to engage the service of a Director of Community Development on a part time or full time basis end this ,particular individual will be under complete juris- diction ~nd supervision of the City Manager. Under discus- sion, ~s~. Jackson agreed amd added that they do need some- thing like this. ~. Kohl added that he will take the MI~U/TES - ~GUL_~_~ CiTY COb~CiL ~ETING APRIL 6, 1976 BOYETON BEACH, F~0R.~DL responsibility for any man he hires. ~Jor DeLong told about their experience with the_ nrevious planner. I~s~ Clanton then took a roll call vote as follows: Councilman Harmening - Aye Councilwoman Jackson - ~jfe Councilman Strnad - ~ye Vice Mayor Zack - Aye Mayor DeLong - ~Je Motion carried 5-0. Request for Retirement Extension - M~. Edward Ott, Electrical and Plu~bin~ Inspector (Tabled) M~tyor DeLong announced that a motion was in order to remove this question from the table. N~. Harmening so moved: seconded by Mr. Zack. M~vor DeLong clarified that question was the request for retirement extension from~,~. Edward Ott, Electrical and Plumbimg ~nspector. Motion carried 5-0. M~. Kohl informed the Council that they would like to keep this man if it is all right with the City Council. It is his recommendation that they extend ~. Ott,s retirement for the period of one year. M~. Zack moved to acceot the recommendation of the ~+ ~-~y ~a- ger for an extension from retirement for ~[~. Edward Ott, Electrical smd Plumbing Inspector. Mrs. Jack, on seconded the motion. No discussion. Motion carried 5-0. N~_~ ~.~ BUS th~SS Discuss ~'Canal Boat Ramp Par~~ Consider Official Name Ph~s. Jackson referred to the Bicentennial Cor~ittee being a good cross section of Boynton Beach and suggested possibly this would be a good project to turn over to them sus_d have them submit a name to the City Council. ~. Zack stated he felt they should keep the identity. However, he doesn't like "Boat Ram?, but does like "Canal Par~'. Mayor DeLong referred to coming up with dozens of names and stated he liked M~s. Jack~on's recommendation, but would ask the Bicentennial Com- mittee to conduct a straw poll. ~s. Jackson agreed. M~,yor DeLong continued that it should be turned over to the City Manager to turn over to the Bicentennial Committee for a straw poll. [~s. Jackson added that the reason she suggested this is because they have made such a thorough study of the history of Boynton Beach. Meyor DeLong stated that it would be handled administratively. -18- MINUTES - REGULAR CiTY COUNCIL M~,ETtNG BOYNTON BEACH ~ FLORIDA APRIL 6, t976 .Source of Funding M~. Kohl requested the City Couacil to have $75,000 appro- priated from the Unappropriated Fund Balance in the Operat~--ug Capital Improvement Fund, and the gr~t monies as earnedto be credited to the Operating Capital Improvement Fund. They ~e asking for a $34,500 grant. ~yor DeLong asked if it was matching funds and M~. Kohl replied: yes, M~s. Jackson made a motion to appropriate $75,000 from the Unappropriated Fund B&lance ~uthe Operating Capital Improve- ment Fund. M~. Harmening seconded the motion. Mmyor DeLong clarified that it had been moved and seconded to instruct the City Manager to approPriate $7.5,000 from the Unappropriated F~nd Balance in the Operating Capital Improvement Fund and to be reimbursed from the State to the extent of $34,500 which would be credited to the Operating Capital Improvement Fund. No discussion. M~s. Clanton took a roll call vote as follows: Councilman Harmening - Aye Co'unciiwoman Jaclmson - Aye Councilm~_~u Strnad - Aye Vice Mayor Zack Aye Mayor DeLong - Aye ~otmon carried 5-0. Consider Request of Boynton Beach Child Cede Center M~. Kohl informed the Council that correspondence from Sally Coston, Director of the Boynton Beach Child Care Cen- ter, which is self-expl~matory is on file. Also on file copies of the last lease that was signed with the Child Care Center: Resolution 74-Q regarding this lease and a drawing of the su~ea to which ~,~s. Coston refers. As they undoubtedly know, the City owns the entire two blocks from Lot 1 through Lot i44 in the Arden Park Subdivision. The General Sera-ices Division is now on Lots 129 through ~40. There is a fence between Lots ~40 and 14~. Fms. Coston is now requesting that the City lease Lots 126 s~ud ~29 for the reasons indicated in her letter. Mayor DeLong added that this would not interfere with the function of the General Services Division because there is sufficient acreage there to t~.e care of the require- ments and in the near future, they will have to put a depot in the south end of the City. Mrs. Jackson moved to grant the request of ~s. Coston, Direc- tor of the Boynton Beach Child Care Center~ to lease Lots 126 and t27~ M~. Zack seconded the motion. Under discussion, Mm. Kohl stated he would have the proper papers prepared for execution. Motion carried 5-0. MI~-~TE-S - REGU~R CITY COUNCIL F~ETING BOYNTON BEACH~ FLORIDA APRIL 6, 1976 ADMIN ZS~AT City Manager,s Reoort - Caution Light - No. PP~d Ave. & Seacrest M~. Kohl stated that at the regular meeting of MArch 16, the Council directed him to look into the goove. He contacted Mr. Charles Hymen, Palm Beach County Engineering Department, who advised that t__eh ~nsta_~atmon~ ' of two poles and the caution light at this ~ ~ ^ ~' ~n~ers~c~mon would cost approximately $3,000. z Council approves, he would be glad to take the necesss~y action to have this installation completed. P~s. Jack, on moved to instruct the City M~nager to proceed with ~ ' x±ashmng lmohts at N. E. 22nd Avenue and Seacrest. Mr. Harme~ng seconded the m~tmo.,.~ ' ~ Under discussion, Mayor DeLong added that this was just a tempors~y basis while~awaiting the traffic lights-on order. Motion carried 5-0. Consider ~ ~ ~ Appointment,s ~o Following Boards - Mayor Joe DeLong ~. Board of Adjustment 2. Community Appearance Board 3, Civil Service Appeals Board ~4.~ Board of Adjustments and Aooeals Ms~vor DeLong declared the nominations open for a member of the Buildin9 Board of Adjustments and Appeals. He added that a resignation had been received from ~. Steve Kochakian, who is going into business in upstate New Tork. Also, it would appee~ to him that an alternate member should be moved to a regular member and the appointment should be for an alternate. He then called on the Cotuuci! members for their nominations. ~@. Harmening passed. M~s. Jack, on asked if it should be an electrician and M~.yor DeLong replied not necessarily. M~s. Jackson then passec. ?~. Strnad nominated to have M~. Morton Levine to be moved to a regular member ~ad nominated ~_a~ Oberle, a~retired general contractor~ as an alternate. M~. Zack passed. Mayor DeLong passed and added that ~e does not _ ~ ~ oar,~c~p=te in appointments. MsO~or DeLong ~mounced that a motion was in order to close the nominations. ~. Harmening so moved, seconded by M~. Strnad. Motion carried 5-0. Mayor DeLong announced that a motion was in order to appoint .~. Morton Levine as a regular member of the ~',~.~dtng' Board of Adjustments and Appeals and appoint ~. Frank 0berle to replace W ~. Levine as an alternate member. M~. Zack so moved, seconded by M_~. Strnad. Motion carried 5-0. -20- MI~JTES - REGULAR CITY COUNC~ ~ETING B0¥NT0~ B~_&~H, - LOR~DA APRIL 6, 1976 Mayor DeLong declared the nominations open for an alternate member of the Boar~ of Adjustment, as M~. Dick Eurtz has re- signed. ~. Harmening, M~. Strnad and M~s. Jackson passed. ~. Zack nominated ~. M~rtinBarkin, a Civil Engineer. Mayor DeLong announced a motion was in order to close nomina- tions. M~. Harmening so moved, seconded by Mrs. Jackson. Motion carried 5-0. Mayor DeLong ~unounced that a motion was in order to appoint ~. ~mrtin Bark_in as an alternate member of the Board of Ad- justment to serve in nlace of M~. Eurtz who resigned. ~. Back so moved, secondSd by Mr. Strnad. Motion carried 5-0. M~-or DeLong declared the nominations open for vacancies on t~e Communm~y Appearance~Eoard. M~vor DeLong informed them that Mr. Black w~s on~~d of Adjustments and Appeals and there was an opening for a permanent member. M~s. Jackson asked if an alternate member should be moved to a regular member ~ud nominated that M~. Case be moved to a regular mem- ber. She then referred to M~. Collier requesting to be on the Civil Service Board. M~yor DeLong agreed this was correct ~ud there was an opening for two alternate me~ubers on the Cor~aunity Appearance Board. M~s. Jackson, ~. Harmening and ~. Back passed. Mr. Strnad nominated ~. Herbert Rigby and M~s. Sylvia Wagner as alter- nate members on the Community Appear~uce Board. Mayor DeLong announced a motion was in order to close nomina- tions. ~. Harmening so moved, seconded by ~. Back. Motion carried 5-0. ~yor DeLong announced that a motion would be in order to appoint Mr. Case as a regular member to te~e the place of ~. Black, ~ Rigby as an alternate member to t~ke the place of M~. Case~ and M~s. Wagner as an alternate member to t~e the place of ~. Collier. M~o Zack so move~, seconded by ~. Strnad. Motion carried 5-0. Mayor DeLong mecla~em the no~inations open for the vace~cy on the Civil Service Board. He added that ~. Collier should be an ~e~na~e member to replace ~. Levine. ~,~. Harmenmng moved to close no~nations, s~conaed by Back. ~otmon carried 5-0. Mayor DeLong announced a motion was in order to appoint Collier as an alternate member to replace ~. Levine. ~. Strnad so moved, seconded by Mrs. Jackson. Motion carried 5-0. Mayor DeLong requested the City Clerk to not~__y'~ these people. -21 - MINUTES REGUI~R CITY COt~[CIL ~ETING BOYN~TON BEA~_; ~ ~ORIDA APRIL 6, ~976 Request Authorization to Purchase Bow spreader and Roller ~. Kohl stated that during last year's budget session~ it was his intent to pu_~chase the above two pieces of equipment. However, at that time he did not have a competent Street Supervisor and for that reason, he did not include it in the ~u~e~ sessions. This position has 3'u~ been f~lle~' ~ wit~ an mnmzvmdual whom he believes is well qualified. In addition, he feels certain that he is responsible and can be deoended upon to take care of this type equipment. He fully requests per~ssion to purchase one Box Spreader in the amount of $4,700.00 smd one Rollem in the amount of $4,950.00. Zf Council approves these purchases, funds are available in the Revenue Shewing Account. ~. Sullivan, the Purchasing Agent, received quotations on these two items and his memo- randum is on file regarding same. He added that he would also l~2~e approval to possibly chsmge his mind, as this morning he just received a letter from a contractor goin~g out of business and possibly he can negotiate with this gentleman for used equipment. M~yor DeLong announced that a motion would be in order to grmut the request of the City Ma~uager to negotiate the pur- chase of a Box Soreader_ and Roller ~Luder compe~mt_ve~' ~- bmd' of $5,000.00. ~s. Jackson so moved, seconded by M~. Harmening. No discussion. Motion carried 5-0. Zoning Approval forT_ransxer~ of Beverage Licer~es: I Lewis Restaurant Leona Lew~s ~2. ~qeO Club - Phillys VandsrKeere & Alfred Paolillo M~. Kohl informed the Council that the locations do ~ ~- comply with zoning. Mayor DeLong announced a motion was in order to gra~nt the re- quests to transfer the beverage licenses for: ~. Lewis Restaur~aat - Leona Lewis 2. 400 Club - ~illys VanderFeere & Alfred Paolillo ~. Zack so moved, seconde~ by M~s. Jac~on, No d~sc~so_on.' - ~ Motion carried 5-0~ 3. Lemsurevmlle' ~ ' Lounge & Package Stone. - M~rjory Foren M~. Kohl informed the Council that the first action should be to rescind the application for Hans Schmidt of Villager Pub, who never obtained a State license. M~s. Jack~on~ - mov~· ~ to rescind ~e previous action of the City Council in granting a license to He~us Sc.~m~a~ ~ ~ ' Vi!leger Pub, N. ~. 2nd Avenue. ~m. Harmening seconded the motion. No discussion. Motion carried 5-0. -22~ Mi~TTES R~GL~_M CITY CO5~CIL PU~ETiNG BO~-NTON BEA~a, ~ LOR_DA APRIL 6, t976 ~. ~oht stated ~ * -~ ~ha~ the application from Leisureville Lounge and Package Store does comply. He added that this is where the City Attorney ruled he would give Mr. Schmidt until April ~ and he did not obtain his license. M~. ~armenmng moved to gra~t Mmrjory Foran the application as requested for Leisureville Lounge and Pac!~ge Store. Mrs. Jackson seconded the motion. No discussion. Motion carried 5-0. Zoning Approval for New Beer & Wine License t. Latin Grocery - %~iquel & Belquis Perez Mr. Kohl ' ~ mn~ormed the Council that this does comply. ~. Harmening moved to grant approval, seconded by ~. Zack. No discussion. Motion carried 5-0. Request of ~s. George L. MacNeill, Sr. for Refund on Cemetery Lot P~. Harmening moved to instruct the Cemetery Bos~d to refund the purchase price less the usual discou~av of 2~/o. ~s. Jackson seconded the motion. No discussion. Motion carried Application for Permit to Solicit - Knights of Columbus Mr. Kohl informed the Council that everything was in order. M~s. Jackson moved to grant approval to solicit to the Knights of Columbus. Mr. Zack seconded the motion. No discussion. Motion carried 5-0. ApProval of Bills Kohl read the following omll~ for approval: ~lect~c~l System~ Inc. InstallatiOn of flood lights at .5~h Ave. Ball Parks ~ay fro~ ouaoeted funds 020-856 Bid of ~/9/76; Council approved 2/~7/76 Graybar Electric ~6od light fixtures for 15th Ave. B~ll Pay from budgeted funds 020-856 Bid of ~/~3/76; Councml approved 1/20/76 John P. Niebel Tru~facility at Sanitary Landfill Ps~ from funds transferred to 02I-8~2 Bid of 1/~5/76~ Council appro~edr~ ~' 1/20/76 3,684.88 7, ~77.42 4,838.00 -23- M~Jq~- - REGULAR CiTY CON~C_L~' -f I~ETING BOYNTON BEACH, FLORIDA APRIL 6, t976 ~on~/iew Lime t ,630.20 Chemical for vacuum filter Pay from budgeted funds 030-822.62 Engineering purchase; Authorized by City Manager _~ s~ah Andrews Dr~_ver 1'or senior Citizens ~luo - 2 wee~s Pay from Federal Revenue Sharing Fund 020'880 Ordinemce #73-15 passed 5/15/73 90. O0 Cynthia Lewis · s~er'for Ssnio~ Citizens Club - 2 weeks Pay f~om Femeral Revenue Sharing Fund 020-880 Ordinance #73-15 passed 5/t5/73 96. O0 Peabody Petersen Estimate _ #19 86,36~ .33 interim WasteW~ter Facilities ~ad Upgrading Existing FaCilities, Periodic Estmmate #~9 Pay from Atlantic National Bank ~974 & 1975A Bond ~ ~ ~ss~es Larry Jarrell Sewer line r~pair Pay from budgeted fusads 030-820.36 Authorized bY City Manager 3,439.~6 ~alt's Automotive ~ud Body Shoo Compensation for cars damaged ~y water tower painti~ Pay from budgeted funds 030-830.55 Recoverable from Hercules Tank Company t,015.00 M~. Kohl noted that the bills described have been ~- ~ app~ o~e~ and verified by the department h~ams~ ~ involved~ checked and approved for payment by the ~ · · ~ ~ · - ,.._~nance D~rec~or~ funds are a~a~l- able in their respective budgets. He recommends payment of these bills. ~. Harmening moved to pay the bills, seconded by M~s. Jackson. Under discussion, ~. Strnad ~uestioned what sewer line was repaired and ~ ~. Kohl informe~ him it was on N.~. ~ 4th Street, where three lengths of pipe were broken. Motion ~' ~ c~~~le~ 5-0. A.~journment }~k"s. Jackson moved to adjourn, seconded by ~. Harmening. Motion carried 5-0 and the meeting was properly adjourned at 9:45 P. M. -24- MI~JTES - REGULA_~ CITY COUNCIL BOYNTON BEACH, FLORIDA M~ETING APRIL 6, ~ 976 ATTEST: CITY OF BOYNTON BEACH, FLORIDA Vice Mayor Counci~mber ~O~ncil Member City Cl~rk Respectfully submitted, Recording Secretary (Three Tapes) -25-